Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1212 Ì894736JÎ894736 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/23/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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