Florida Senate - 2014                      CS for CS for SB 1212
       By the Committees on Appropriations; and Health Policy; and
       Senator Bean
       576-04561A-14                                         20141212c2
    1                        A bill to be entitled                      
    2         An act relating to behavior analysts; amending s.
    3         20.43, F.S.; establishing the Board of Applied
    4         Behavior Analysis within the Division of Medical
    5         Quality Assurance; amending s. 456.001, F.S.;
    6         including licensed behavior analysts and licensed
    7         assistant behavior analysts in the definition of
    8         “health care practitioner”; amending s. 456.0135,
    9         F.S.; requiring an applicant for licensure under
   10         chapter 470, F.S., to submit to certain fingerprinting
   11         requirements; creating chapter 470, F.S.; entitling
   12         the chapter; creating s. 470.40, F.S.; providing a
   13         purpose; creating s. 470.41, F.S.; defining terms;
   14         creating s. 470.415, F.S.; creating the Board of
   15         Applied Behavior Analysis; providing for membership
   16         and terms of members; creating s. 470.42, F.S.;
   17         creating rulemaking authority for the board and the
   18         department; creating s. 470.43, F.S.; providing
   19         requirements for licensure as a behavior analyst or
   20         assistant behavior analyst; creating s. 470.44, F.S.;
   21         providing requirements for renewal of license;
   22         creating s. 470.45, F.S.; establishing maximum fees
   23         for applications, initial licenses, and license
   24         renewals; requiring fees collected by the department
   25         to be deposited in to a specified trust fund; creating
   26         s. 470.46, F.S.; providing grounds for denial of
   27         license or disciplinary action; creating s. 470.47,
   28         F.S.; providing penalties for practicing applied
   29         behavior analysis without a license or wrongfully
   30         identifying oneself as a licensed behavior analyst or
   31         licensed assistant behavior analyst; creating s.
   32         470.48, F.S.; providing exceptions to applicability of
   33         the chapter; providing appropriations and authorizing
   34         positions; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Paragraph (g) of subsection (3) of section
   39  20.43, Florida Statutes, is amended to read:
   40         20.43 Department of Health.—There is created a Department
   41  of Health.
   42         (3) The following divisions of the Department of Health are
   43  established:
   44         (g) Division of Medical Quality Assurance, which is
   45  responsible for the following boards and professions established
   46  within the division:
   47         1. The Board of Acupuncture, created under chapter 457.
   48         2. The Board of Medicine, created under chapter 458.
   49         3. The Board of Osteopathic Medicine, created under chapter
   50  459.
   51         4. The Board of Chiropractic Medicine, created under
   52  chapter 460.
   53         5. The Board of Podiatric Medicine, created under chapter
   54  461.
   55         6. Naturopathy, as provided under chapter 462.
   56         7. The Board of Optometry, created under chapter 463.
   57         8. The Board of Nursing, created under part I of chapter
   58  464.
   59         9. Nursing assistants, as provided under part II of chapter
   60  464.
   61         10. The Board of Pharmacy, created under chapter 465.
   62         11. The Board of Dentistry, created under chapter 466.
   63         12. Midwifery, as provided under chapter 467.
   64         13. The Board of Speech-Language Pathology and Audiology,
   65  created under part I of chapter 468.
   66         14. The Board of Nursing Home Administrators, created under
   67  part II of chapter 468.
   68         15. The Board of Occupational Therapy, created under part
   69  III of chapter 468.
   70         16. Respiratory therapy, as provided under part V of
   71  chapter 468.
   72         17. Dietetics and nutrition practice, as provided under
   73  part X of chapter 468.
   74         18. The Board of Athletic Training, created under part XIII
   75  of chapter 468.
   76         19. The Board of Orthotists and Prosthetists, created under
   77  part XIV of chapter 468.
   78         20. The Board of Applied Behavior Analysis, created under
   79  chapter 470.
   80         21.20. Electrolysis, as provided under chapter 478.
   81         22.21. The Board of Massage Therapy, created under chapter
   82  480.
   83         23.22. The Board of Clinical Laboratory Personnel, created
   84  under part III of chapter 483.
   85         24.23. Medical physicists, as provided under part IV of
   86  chapter 483.
   87         25.24. The Board of Opticianry, created under part I of
   88  chapter 484.
   89         26.25. The Board of Hearing Aid Specialists, created under
   90  part II of chapter 484.
   91         27.26. The Board of Physical Therapy Practice, created
   92  under chapter 486.
   93         28.27. The Board of Psychology, created under chapter 490.
   94         29.28. School psychologists, as provided under chapter 490.
   95         30.29. The Board of Clinical Social Work, Marriage and
   96  Family Therapy, and Mental Health Counseling, created under
   97  chapter 491.
   98         31.30. Emergency medical technicians and paramedics, as
   99  provided under part III of chapter 401.
  100         Section 2. Subsection (4) of section 456.001, Florida
  101  Statutes, is amended to read:
  102         456.001 Definitions.—As used in this chapter, the term:
  103         (4) “Health care practitioner” means any person licensed
  104  under chapter 457; chapter 458; chapter 459; chapter 460;
  105  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
  106  chapter 466; chapter 467; part I, part II, part III, part V,
  107  part X, part XIII, or part XIV of chapter 468; chapter 470;
  108  chapter 478; chapter 480; part III or part IV of chapter 483;
  109  chapter 484; chapter 486; chapter 490; or chapter 491.
  110         Section 3. Section 456.0135, Florida Statutes, is amended
  111  to read:
  112         456.0135 General background screening provisions.—
  113         (1) An application for initial licensure received on or
  114  after January 1, 2013, under chapter 458, chapter 459, chapter
  115  460, chapter 461, chapter 464, or s. 465.022, or chapter 470
  116  shall include fingerprints pursuant to procedures established by
  117  the department through a vendor approved by the Department of
  118  Law Enforcement and fees imposed for the initial screening and
  119  retention of fingerprints. Fingerprints must be submitted
  120  electronically to the Department of Law Enforcement for state
  121  processing, and the Department of Law Enforcement shall forward
  122  the fingerprints to the Federal Bureau of Investigation for
  123  national processing. Each board, or the department if there is
  124  no board, shall screen the results to determine if an applicant
  125  meets licensure requirements. For any subsequent renewal of the
  126  applicant’s license that requires a national criminal history
  127  check, the department shall request the Department of Law
  128  Enforcement to forward the retained fingerprints of the
  129  applicant to the Federal Bureau of Investigation.
  130         (2) All fingerprints submitted to the Department of Law
  131  Enforcement as required under subsection (1) shall be retained
  132  by the Department of Law Enforcement as provided under s.
  133  943.05(2)(g) and (h) and (3). The department shall notify the
  134  Department of Law Enforcement regarding any person whose
  135  fingerprints have been retained but who is no longer licensed.
  136         (3) The costs of fingerprint processing, including the cost
  137  for retaining fingerprints, shall be borne by the applicant
  138  subject to the background screening.
  139         Section 4. Chapter 470, Florida Statutes, is created and
  140  entitled “Behavior Analysts.”
  141         Section 5. Section 470.40, Florida Statutes, is created to
  142  read:
  143         470.40 Purpose.—The Legislature finds that the practice of
  144  applied behavior analysis in this state by unskilled and
  145  incompetent practitioners presents a danger to the health and
  146  safety of the public. The Legislature finds further that it is
  147  difficult for the public to make informed choices about behavior
  148  analysts and that the consequences of a wrong choice could
  149  endanger public health. This act is intended to protect the
  150  public from the harmful conduct of unqualified, unprofessional,
  151  or unethical behavior analysts.
  152         Section 6. Section 470.41, Florida Statutes, is created to
  153  read:
  154         470.41 Definitions.—As used in this chapter, the term:
  155         (1) “Applied behavior analysis” means the design,
  156  implementation, and evaluation of environmental modifications,
  157  using behavioral stimuli and consequences, to produce socially
  158  significant improvement in human behavior, including, but not
  159  limited to, the use of direct observation, measurement, and
  160  functional analysis of the relations between environment and
  161  behavior. The term does not include psychological testing, the
  162  diagnosis of a mental or physical disorder, neuropsychology,
  163  psychotherapy, cognitive therapy, sex therapy, psychoanalysis,
  164  hypnotherapy, or long-term counseling.
  165         (2) “Board” means the Board of Applied Behavior Analysis
  166  established in s. 470.415, except when the term is used in the
  167  context of board certification.
  168         (3) “Board-certified behavior analyst” means a practitioner
  169  who is certified as a behavior analyst, or is recognized as a
  170  Florida-certified behavior analyst, by the national Behavior
  171  Analyst Certification Board (BACB).
  172         (4) “Board-certified assistant behavior analyst” means a
  173  practitioner who is certified by the national Behavior Analyst
  174  Certification Board, as an assistant behavior analyst.
  175         (5) “Department” means the Department of Health.
  176         (6) “Licensed behavior analyst” means an individual who is
  177  licensed by the board and meets the requirements of this
  178  chapter.
  179         (7) “Licensed assistant behavior analyst” means an
  180  individual who is licensed by the board as an assistant behavior
  181  analyst and meets the requirements of this chapter.
  182         Section 7. Section 470.415, Florida Statutes, is created to
  183  read:
  184         470.415 Board of Applied Behavior Analysis.—
  185         (1) The Board of Applied Behavior Analysis is created
  186  within the department. The board consists of seven members
  187  appointed by the Governor and confirmed by the Senate.
  188         (2) The initial board members, who are not required to be
  189  licensed as a condition of appointment, shall be appointed as
  190  follows:
  191         (a) Three board-certified behavior analysts, two of whom
  192  must hold a doctoral level degree. One shall be appointed to a
  193  4-year term, one shall be appointed to a 2-year term, and one
  194  shall be appointed to a 1-year term;
  195         (b) One board-certified assistant behavior analyst, who
  196  shall be appointed to a 3-year term;
  197         (c) One psychologist licensed pursuant to chapter 490 or
  198  one clinical social worker, marriage and family therapist, or
  199  mental health counselor licensed pursuant to chapter 491, who
  200  shall be appointed to a 3-year term. The majority of the
  201  appointee’s professional practice must be related to the
  202  treatment of behavior disorders, including, but not limited to,
  203  autism spectrum disorders; and
  204         (d) Two laypersons, who may include a parent or guardian of
  205  an individual who is a recipient of applied behavior analysis
  206  services, one of whom shall serve a 4-year term, and one of whom
  207  shall serve a 2-year term.
  208         (3) As the terms of the initial members expire, the
  209  Governor shall appoint successors for 4-year terms. Each
  210  successor, except for the laypersons, must be licensed. A member
  211  may not serve more than two consecutive terms.
  212         Section 8. Section 470.42, Florida Statutes, is created to
  213  read:
  214         470.42 Rulemaking authority.—
  215         (1) The board has authority to adopt rules pursuant to ss.
  216  120.536(1) and 120.54 to implement the provisions of this
  217  chapter conferring duties upon it. Such rules must include, but
  218  are not limited to, rules relating to:
  219         (a) Standards of practice for licensed behavior analysts
  220  and licensed assistant behavior analysts.
  221         (b) Supervision of licensed assistant behavior analysts, or
  222  students in training to be licensed behavior analysts or
  223  licensed assistant behavior analysts, including the number of
  224  persons that a licensed behavior analyst or licensed assistant
  225  behavior analyst may supervise at one time.
  226         (2) The department may adopt rules to implement the
  227  provisions of this chapter conferring duties upon it. Such rules
  228  shall include, but are not limited to, rules relating to
  229  licensure and license renewal applications, processes, and fees.
  230         Section 9. Section 470.43, Florida Statutes, is created to
  231  read:
  232         470.43 Licensure.—
  233         (1) The department shall license an applicant as a behavior
  234  analyst if the applicant:
  235         (a) Submits a completed application to the department using
  236  a form approved by the board;
  237         (b) Remits the appropriate fees;
  238         (c) Has passed a criminal background check after submitting
  239  fingerprints and a fee pursuant to s. 456.0135; and
  240         (d) Submits proof that the applicant is a board-certified
  241  behavior analyst.
  242         (2) The department shall license an applicant as an
  243  assistant behavior analyst if the applicant:
  244         (a) Submits a completed application to the department using
  245  a form approved by the board;
  246         (b) Remits the appropriate fees;
  247         (c) Has passed a criminal background check after submitting
  248  fingerprints and a fee pursuant to s. 456.0135;
  249         (d) Submits proof to the department that the applicant is a
  250  board-certified assistant behavior analyst; and
  251         (e) Identifies a supervising licensed behavior analyst who
  252  is qualified to supervise the applicant under BACB requirements
  253  and this chapter.
  254         Section 10. Section 470.44, Florida Statutes, is created to
  255  read:
  256         470.44 Renewal of license.—
  257         (1) The department shall renew a license upon receipt of
  258  proof that the applicant is certified by the BACB and a
  259  completed renewal application and fee.
  260         (2) The department shall adopt rules establishing a
  261  procedure for the biennial renewal of licenses.
  262         (3) The board shall by rule prescribe continuing education
  263  not to exceed 32 hours required biennially as a condition for
  264  renewal of a license as a behavior analyst, or not to exceed 20
  265  hours required biennially as a condition for renewal of a
  266  license as an assistant behavior analyst. The criteria for
  267  continuing education programs shall be approved by the board.
  268  The board may authorize by rule continuing education earned for
  269  BACB certification to be used to meet the continuing education
  270  requirements of this subsection.
  271         Section 11. Section 470.45, Florida Statutes, is created to
  272  read:
  273         470.45 Fees.—
  274         (1) The board shall establish by rule a fee not to exceed
  275  $100 for an application, $300 for an initial license, or $300
  276  for license renewal.
  277         (2) All moneys collected by the department under this
  278  chapter shall be deposited in the Medical Quality Assurance
  279  Trust Fund as provided under s. 456.025.
  280         Section 12. Section 470.46, Florida Statutes, is created to
  281  read:
  282         470.46 Disciplinary actions.—
  283         (1) The following acts constitute grounds for denial of a
  284  license or disciplinary action, as specified in s. 456.072(2):
  285         (a) Attempting to obtain, obtaining, or renewing a license
  286  under this chapter by bribery or fraudulent misrepresentation or
  287  through an error of the board or the department.
  288         (b) Having a license to practice a comparable profession
  289  revoked, suspended, or otherwise acted against, including the
  290  denial of certification or licensure by another state,
  291  territory, or country.
  292         (c) Being convicted or found guilty of, regardless of
  293  adjudication, or having entered a plea of nolo contendere to, a
  294  crime in any jurisdiction which directly relates to the practice
  295  of his or her profession or the ability to practice his or her
  296  profession. However, in the case of a plea of nolo contendere,
  297  the board shall allow the person who is the subject of the
  298  disciplinary proceeding to present evidence in mitigation
  299  relevant to the underlying charges and circumstances surrounding
  300  the plea.
  301         (d) False, deceptive, or misleading advertising or
  302  obtaining a fee or other thing of value on the representation
  303  that beneficial results from any treatment will be guaranteed.
  304         (e) Advertising, practicing, or attempting to practice
  305  under a name other than one’s own.
  306         (f) Maintaining a professional association with any person
  307  who the applicant or licensee knows, or has reason to believe,
  308  is in violation of this chapter or of a rule of the department
  309  or the board.
  310         (g) Knowingly aiding, assisting, procuring, or advising any
  311  nonlicensed person to hold himself or herself out as licensed
  312  under this chapter.
  313         (h) Failing to perform any statutory or legal obligation
  314  placed upon a person licensed under this chapter.
  315         (i) Willfully making or filing a false report or record;
  316  failing to file a report or record required by state or federal
  317  law; willfully impeding or obstructing the filing of a report or
  318  record; or inducing another person to make or file a false
  319  report or record or to impede or obstruct the filing of a report
  320  or record. Such report or record includes only a report or
  321  record which requires the signature of a person licensed under
  322  this chapter.
  323         (j) Paying a kickback, rebate, bonus, or other remuneration
  324  for receiving a patient or client, or receiving a kickback,
  325  rebate, bonus, or other remuneration for referring a patient or
  326  client to another provider of applied behavior analysis services
  327  or to a provider of health care services or goods; referring a
  328  patient or client to oneself for services on a fee-paid basis
  329  when those services are already being paid for by some other
  330  public or private entity; or entering into a reciprocal referral
  331  agreement.
  332         (k) Committing any act upon a patient or client which would
  333  constitute sexual battery or which would constitute sexual
  334  misconduct. Sexual misconduct shall be defined by rule by the
  335  board.
  336         (l) Making misleading, deceptive, untrue, or fraudulent
  337  representations in the practice of applied behavior analysis.
  338         (m) Soliciting patients or clients personally, or through
  339  an agent, through the use of fraud, intimidation, undue
  340  influence, or a form of overreaching or vexatious conduct.
  341         (n) Failing to make available to a patient or client, upon
  342  written request, copies of test results, reports, or documents
  343  in the possession or under the control of the licensee which
  344  have been prepared for and paid for by the patient or client.
  345         (o) Failing to respond within 30 days to a written
  346  communication from the department concerning any investigation
  347  by the department, or failing to make available any relevant
  348  records with respect to any investigation about the licensee’s
  349  conduct or background.
  350         (p) Being unable to practice the profession for which he or
  351  she is licensed under this chapter with reasonable skill or
  352  competence as a result of any mental or physical condition or by
  353  reason of illness; drunkenness; or excessive use of drugs,
  354  narcotics, chemicals, or any other substance. In enforcing this
  355  paragraph, upon a finding by the State Surgeon General, the
  356  State Surgeon General’s designee, or the board that probable
  357  cause exists to believe that the licensee is unable to practice
  358  the profession because of the reasons stated in this paragraph,
  359  the department shall have the authority to compel a licensee to
  360  submit to a mental or physical examination by a physician
  361  designated by the department or board. If the licensee refuses
  362  to comply with such order, the department’s order directing the
  363  examination may be enforced by filing a petition for enforcement
  364  in the circuit court in the circuit in which the licensee
  365  resides or does business. The licensee against whom the petition
  366  is filed may not be named or identified by initials in any
  367  public court records or documents, and the proceedings shall be
  368  closed to the public. The department shall be entitled to the
  369  summary procedure provided in s. 51.011. A licensee affected
  370  under this paragraph shall at reasonable intervals be afforded
  371  an opportunity to demonstrate that he or she can resume the
  372  competent practice for which he or she is licensed with
  373  reasonable skill and safety to patients.
  374         (q) Performing any treatment or prescribing any therapy
  375  which, by the prevailing standards of the behavior analysts in
  376  the community, would constitute experimentation on human
  377  subjects, without first obtaining full, informed, and written
  378  consent.
  379         (r) Failing to meet the minimum standards of performance in
  380  professional activities when measured against generally
  381  prevailing peer performance, including the undertaking of
  382  activities for which the licensee is not qualified by training
  383  or experience.
  384         (s) Delegating professional responsibilities to a person
  385  whom the licensee knows or has reason to know is not qualified
  386  by training or experience to perform such responsibilities.
  387         (t) Violating a rule relating to the regulation of the
  388  profession or a lawful order of the department or the board
  389  previously entered in a disciplinary hearing.
  390         (u) Failure of the licensee to maintain in confidence a
  391  communication made by a patient or client in the context of such
  392  services.
  393         (v) Making public statements which are derived from test
  394  data, client contacts, or behavioral research and which identify
  395  or damage research subjects or clients.
  396         (w) Violating any provision of this chapter or chapter 456,
  397  or any rules adopted pursuant thereto.
  398         (2) The board may enter an order denying licensure or
  399  imposing any of the penalties in s. 456.072(2) against any
  400  applicant for licensure or licensee who is found guilty of
  401  violating subsection (1) or who is found guilty of violating s.
  402  456.072(1).
  403         Section 13. Section 470.47, Florida Statutes, is created to
  404  read:
  405         470.47 Violations and penalties.—
  406         (1) It is unlawful and a violation of this chapter for any
  407  person to engage in the practice of applied behavior analysis,
  408  assist in the practice of applied behavior analysis, render
  409  services designated as applied behavior analysis, or represent
  410  himself or herself as a practitioner of applied behavior
  411  analysis in this state unless she or he holds a valid, active
  412  license as a behavior analyst or assistant behavior analyst
  413  pursuant to this chapter. Any person who violates any provision
  414  of this subsection commits a felony of the third degree,
  415  punishable as provided under s. 775.082, s. 775.083, or s.
  416  775.084.
  417         (2) It is unlawful and a violation of this chapter for any
  418  person to use the following titles or any combination thereof,
  419  unless she or he holds a valid, active license as a behavior
  420  analyst or assistant behavior analyst pursuant to this chapter:
  421         (a) “Licensed behavior analyst.”
  422         (b) “Licensed assistant behavior analyst.”
  423         (3) Any person who violates any provision of subsection (2)
  424  commits a misdemeanor of the second degree, punishable as
  425  provided in s. 775.082 or s. 775.083.
  426         Section 14. Section 470.48, Florida Statutes, is created to
  427  read:
  428         470.48 Exceptions to applicability.—This chapter does not
  429  prohibit or restrict the practice of the following:
  430         (1) An individual licensed pursuant to chapter 458 or
  431  chapter 459.
  432         (2) An individual licensed pursuant to part III of chapter
  433  468 if the occupational therapist does not represent himself or
  434  herself as a behavior analyst.
  435         (3) An individual licensed under chapter 490 to practice
  436  psychology.
  437         (4) An individual licensed pursuant to chapter 491 as a
  438  clinical social worker, marriage and family therapist, or mental
  439  health counselor.
  440         (5) A certified teacher authorized to practice in this
  441  state who is not a behavior analyst if he or she does not
  442  represent himself or herself as a behavior analyst. The services
  443  provided by a certified teacher must be within his or her
  444  authorized scope of practice and within the scope of his or her
  445  education, training, and experience and must be provided in the
  446  course of his or her employment in a program approved by the
  447  Department of Education. Teaching assistants, other than those
  448  engaged in pupil personnel services, and student support
  449  professionals are exempt from the requirements of this chapter
  450  if they provide applied behavior analysis services under the
  451  supervision of a certified teacher who meets the requirements of
  452  this subsection.
  453         (6) A behavior analyst or assistant behavior analyst who
  454  practices with nonhuman clients, including, but not limited to,
  455  applied animal behaviorists and animal trainers.
  456         (7) An individual who teaches applied behavior analysis or
  457  who conducts behavior analytic research if such teaching or
  458  research does not involve the delivery of applied behavior
  459  analysis.
  460         (8) A matriculated college or university student or
  461  postdoctoral fellow whose activities are part of a defined
  462  behavior analysis program of study, practicum, or intensive
  463  practicum if his or her practice under this subsection is
  464  directly supervised by a licensed behavior analyst or an
  465  instructor of course sequence approved by the Behavior Analyst
  466  Certification Board (BACB). A student or intern may not
  467  represent himself or herself as a professional behavior analyst
  468  but may use a title indicating his or her trainee status, such
  469  as “behavior analyst student,” “behavior analyst intern,” or
  470  “behavior analyst trainee.”
  471         (9) An unlicensed individual pursuing supervised
  472  experiential training to meet eligibility requirements for BACB
  473  certification if such training is supervised by a licensed
  474  behavior analyst or a licensed assistant behavior analyst who
  475  meets BACB supervisor requirements and if the supervised
  476  experience is conducted in accordance with other BACB standards
  477  and requirements.
  478         (10) A family member of a recipient of applied behavior
  479  analysis services who implements certain procedures with the
  480  recipient. Such a family member may not represent himself or
  481  herself as a licensed behavior analyst or a licensed assistant
  482  behavior analyst.
  483         (11) A behavior analyst or assistant behavior analyst who
  484  provides general behavior analysis services to organizations if
  485  the services are for the benefit of the organizations and do not
  486  involve direct services to individuals.
  487         (12) A salaried employee of a private, nonprofit
  488  organization providing behavior analysis services to children,
  489  youth, and families if the services are provided for no charge,
  490  the employee is performing duties for which he or she was
  491  trained and hired, and the employee does not represent himself
  492  or herself as a licensed behavior analyst or licensed assistant
  493  behavior analyst.
  494         (13) A school psychologist certified in school psychology
  495  by the Department of Education who performs behavior analysis
  496  services as an employee of a public or private educational
  497  institution. Such exemption does not authorize unlicensed
  498  practice that is not performed directly as an employee of an
  499  educational institution.
  500         (14) A rabbi, priest, minister, or member of the clergy of
  501  a religious denomination or sect if engaging in activities that
  502  are within the scope of the performance of his or her regular or
  503  specialized ministerial duties and for which no separate fee is
  504  charged, or if such activities are performed, with or without a
  505  fee, for or under the auspices or sponsorship, individually or
  506  in conjunction with others, of an established and legally
  507  cognizable church, denomination, or sect; and if the person
  508  rendering service remains accountable to the established
  509  authority thereof.
  510         Section 15. (1) For the 2014-2015 fiscal year, the sums of
  511  $113,541 in recurring funds and $37,911 in nonrecurring funds
  512  are appropriated from the Medical Quality Assurance Trust Fund
  513  to the Department of Health, and two full-time equivalent
  514  positions with associated salary rate of 70,359 are authorized,
  515  for the purpose of implementing the regulatory provisions of
  516  this act.
  517         (2) For the 2015-2016 fiscal year, the sums of $77,266 in
  518  recurring funds and $26,592 in nonrecurring funds from the
  519  Medical Quality Assurance Trust Fund are appropriated to the
  520  Department of Health for the purpose of implementing the
  521  regulatory provisions of this act.
  522         Section 16. This act shall take effect January 1, 2015.