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 to Amendment (387820) 
    3         Delete lines 197 - 375
    4  and insert:
    5         Section 9. Section 470.43, Florida Statutes, is created to
    6  read:
    7         470.43 Licensure.—
    8         (1) The department shall license an applicant as a behavior
    9  analyst if the applicant:
   10         (a) Submits a completed application to the department using
   11  a form approved by the board;
   12         (b) Remits the appropriate fees;
   13         (c) Has passed a criminal background check after submitting
   14  fingerprints and a fee pursuant to s. 456.0135; and
   15         (d) Submits proof that the applicant is a board-certified
   16  behavior analyst.
   17         (2) The department shall license an applicant as an
   18  assistant behavior analyst if the applicant:
   19         (a) Submits a completed application to the department using
   20  a form approved by the board;
   21         (b) Remits the appropriate fees;
   22         (c) Has passed a criminal background check after submitting
   23  fingerprints and a fee pursuant to s. 456.0135;
   24         (d) Submits proof to the department that the applicant is a
   25  board-certified assistant behavior analyst; and
   26         (e) Identifies a supervising licensed behavior analyst who
   27  is qualified to supervise the applicant under BACB requirements
   28  and this chapter.
   29         Section 10. Section 470.44, Florida Statutes, is created to
   30  read:
   31         470.44 Renewal of license.—
   32         (1) The department shall renew a license upon receipt of
   33  proof that the applicant is certified by the BACB and a
   34  completed renewal application and fee.
   35         (2) The department shall adopt rules establishing a
   36  procedure for the biennial renewal of licenses.
   37         (3) The board shall by rule prescribe continuing education
   38  not to exceed 32 hours required biennially as a condition for
   39  renewal of a license as a behavior analyst, or not to exceed 20
   40  hours required biennially as a condition for renewal of a
   41  license as an assistant behavior analyst. The criteria for
   42  continuing education programs shall be approved by the board.
   43  The board may authorize by rule continuing education earned for
   44  BACB certification to be used to meet the continuing education
   45  requirements of this subsection.
   46         Section 11. Section 470.45, Florida Statutes, is created to
   47  read:
   48         470.45 Fees.—
   49         (1) The board shall establish by rule a fee not to exceed
   50  $100 for an application, $300 for an initial license, or $300
   51  for license renewal.
   52         (2) All moneys collected by the department under this
   53  chapter shall be deposited in the Medical Quality Assurance
   54  Trust Fund as provided under s. 456.025.
   55         Section 12. Section 470.46, Florida Statutes, is created to
   56  read:
   57         470.46 Disciplinary actions.—
   58         (1) The following acts constitute grounds for denial of a
   59  license or disciplinary action, as specified in s. 456.072(2):
   60         (a) Attempting to obtain, obtaining, or renewing a license
   61  under this chapter by bribery or fraudulent misrepresentation or
   62  through an error of the board or the department.
   63         (b) Having a license to practice a comparable profession
   64  revoked, suspended, or otherwise acted against, including the
   65  denial of certification or licensure by another state,
   66  territory, or country.
   67         (c) Being convicted or found guilty of, regardless of
   68  adjudication, or having entered a plea of nolo contendere to, a
   69  crime in any jurisdiction which directly relates to the practice
   70  of his or her profession or the ability to practice his or her
   71  profession. However, in the case of a plea of nolo contendere,
   72  the board shall allow the person who is the subject of the
   73  disciplinary proceeding to present evidence in mitigation
   74  relevant to the underlying charges and circumstances surrounding
   75  the plea.
   76         (d) False, deceptive, or misleading advertising or
   77  obtaining a fee or other thing of value on the representation
   78  that beneficial results from any treatment will be guaranteed.
   79         (e) Advertising, practicing, or attempting to practice
   80  under a name other than one’s own.
   81         (f) Maintaining a professional association with any person
   82  who the applicant or licensee knows, or has reason to believe,
   83  is in violation of this chapter or of a rule of the department
   84  or the board.
   85         (g) Knowingly aiding, assisting, procuring, or advising any
   86  nonlicensed person to hold himself or herself out as licensed
   87  under this chapter.
   88         (h) Failing to perform any statutory or legal obligation
   89  placed upon a person licensed under this chapter.
   90         (i) Willfully making or filing a false report or record;
   91  failing to file a report or record required by state or federal
   92  law; willfully impeding or obstructing the filing of a report or
   93  record; or inducing another person to make or file a false
   94  report or record or to impede or obstruct the filing of a report
   95  or record. Such report or record includes only a report or
   96  record which requires the signature of a person licensed under
   97  this chapter.
   98         (j) Paying a kickback, rebate, bonus, or other remuneration
   99  for receiving a patient or client, or receiving a kickback,
  100  rebate, bonus, or other remuneration for referring a patient or
  101  client to another provider of applied behavior analysis services
  102  or to a provider of health care services or goods; referring a
  103  patient or client to oneself for services on a fee-paid basis
  104  when those services are already being paid for by some other
  105  public or private entity; or entering into a reciprocal referral
  106  agreement.
  107         (k) Committing any act upon a patient or client which would
  108  constitute sexual battery or which would constitute sexual
  109  misconduct. Sexual misconduct shall be defined by rule by the
  110  board.
  111         (l) Making misleading, deceptive, untrue, or fraudulent
  112  representations in the practice of applied behavior analysis
  113  licensed under this chapter.
  114         (m) Soliciting patients or clients personally, or through
  115  an agent, through the use of fraud, intimidation, undue
  116  influence, or a form of overreaching or vexatious conduct.
  117         (n) Failing to make available to a patient or client, upon
  118  written request, copies of test results, reports, or documents
  119  in the possession or under the control of the licensee which
  120  have been prepared for and paid for by the patient or client.
  121         (o) Failing to respond within 30 days to a written
  122  communication from the department concerning any investigation
  123  by the department, or failing to make available any relevant
  124  records with respect to any investigation about the licensee’s
  125  conduct or background.
  126         (p) Being unable to practice the profession for which he or
  127  she is licensed under this chapter with reasonable skill or
  128  competence as a result of any mental or physical condition or by
  129  reason of illness; drunkenness; or excessive use of drugs,
  130  narcotics, chemicals, or any other substance. In enforcing this
  131  paragraph, upon a finding by the State Surgeon General, the
  132  State Surgeon General’s designee, or the board that probable
  133  cause exists to believe that the licensee, is unable to practice
  134  the profession because of the reasons stated in this paragraph,
  135  the department shall have the authority to compel a licensee to
  136  submit to a mental or physical examination by a physician
  137  designated by the department or board. If the licensee refuses
  138  to comply with such order, the department’s order directing the
  139  examination may be enforced by filing a petition for enforcement
  140  in the circuit court in the circuit in which the licensee
  141  resides or does business. The licensee against whom the petition
  142  is filed may not be named or identified by initials in any
  143  public court records or documents, and the proceedings shall be
  144  closed to the public. The department shall be entitled to the
  145  summary procedure provided in s. 51.011. A licensee affected
  146  under this paragraph shall at reasonable intervals be afforded
  147  an opportunity to demonstrate that he or she can resume the
  148  competent practice for which he or she is licensed with
  149  reasonable skill and safety to patients.
  150         (q) Performing any treatment or prescribing any therapy
  151  which, by the prevailing standards of the behavior analysts in
  152  the community, would constitute experimentation on human
  153  subjects, without first obtaining full, informed, and written
  154  consent.
  155         (r) Failing to meet the minimum standards of performance in
  156  professional activities when measured against generally
  157  prevailing peer performance, including the undertaking of
  158  activities for which the licensee is not qualified by training
  159  or experience.
  160         (s) Delegating professional responsibilities to a person
  161  whom the licensee knows or has reason to know is not qualified
  162  by training or experience to perform such responsibilities.
  163         (t) Violating a rule relating to the regulation of the
  164  profession or a lawful order of the department or the board
  165  previously entered in a disciplinary hearing.
  166         (u) Failure of the licensee to maintain in confidence a
  167  communication made by a patient or client in the context of such
  168  services.
  169         (v) Making public statements which are derived from test
  170  data, client contacts, or behavioral research and which identify
  171  or damage research subjects or clients.
  172         (w) Violating any provision of this chapter or chapter 456,
  173  or any rules adopted pursuant thereto.
  174         (2) The board may enter an order denying licensure or
  175  imposing any of the penalties in s. 456.072(2) against any
  176  applicant for licensure or licensee who is found guilty of
  177  violating subsection (1) or who is found guilty of violating s.
  178  456.072(1).
  179         Section 13. Section 470.47, Florida Statutes, is created to
  180  read:
  181         470.47 Violations and penalties.—
  182         (1) It is unlawful and a violation of this chapter for any
  183  person to engage in the practice of applied behavior analysis,
  184  assist in the practice of applied behavior analysis, render
  185  services designated as applied behavior analysis, or represent
  186  himself or herself as a practitioner of applied behavior
  187  analysis in this state unless she or he holds a valid, active
  188  license as a behavior analyst or assistant behavior analyst
  189  pursuant to this chapter. Any person who violates any provision
  190  of