Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1212
Ì894736JÎ894736
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/23/2014 .
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The Committee on Appropriations (Bean) recommended the
following:
1 Senate Amendment to Amendment (387820)
2
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