Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 628
       
       
       
       
       
       
                                Ì937594RÎ937594                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                
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       The Committee on Health Policy (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    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. Subsection (1) of section 456.0135, Florida
   78  Statutes, is amended 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, s. 465.022, chapter 470, or
   83  chapter 480 shall include fingerprints pursuant to procedures
   84  established by the department through a vendor approved by the
   85  Department of Law Enforcement and fees imposed for the initial
   86  screening and retention of fingerprints. Fingerprints must be
   87  submitted electronically to the Department of Law Enforcement
   88  for state processing, and the Department of Law Enforcement
   89  shall forward the fingerprints to the Federal Bureau of
   90  Investigation for national processing. Each board, or the
   91  department if there is no board, shall screen the results to
   92  determine if an applicant meets licensure requirements. For any
   93  subsequent renewal of the applicant’s license that requires a
   94  national criminal history check, the department shall request
   95  the Department of Law Enforcement to forward the retained
   96  fingerprints of the applicant to the Federal Bureau of
   97  Investigation unless the fingerprints are enrolled in the
   98  national retained print arrest notification program.
   99         Section 4. The Division of Law Revision and Information is
  100  directed to create chapter 470, Florida Statutes, consisting of
  101  ss. 470.40-470.46, Florida Statutes, to be entitled “Behavior
  102  Analysts.”
  103         Section 5. Section 470.40, Florida Statutes, is created to
  104  read:
  105         470.40Purpose.—The Legislature finds that the practice of
  106  applied behavior analysis in this state by unskilled and
  107  incompetent practitioners presents a danger to the health and
  108  safety of the public. The Legislature further finds that it is
  109  difficult for the public to make informed choices about behavior
  110  analysts and that the consequences of a wrong choice could
  111  endanger public health. This act is intended to protect the
  112  public from the harmful conduct of unqualified, unprofessional,
  113  or unethical behavior analysts.
  114         Section 6. Section 470.41, Florida Statutes, is created to
  115  read:
  116         470.41Definitions.—As used in this chapter, the term:
  117         (1)“Applied behavior analysis” means the design,
  118  implementation, and evaluation of environmental modifications,
  119  using behavioral stimuli and consequences, to produce socially
  120  significant improvement in human behavior, including, but not
  121  limited to, the use of direct observation, measurement, and
  122  functional analysis of the relations between environment and
  123  behavior. The term does not include psychological testing, the
  124  diagnosis of a mental or physical disorder, neuropsychology,
  125  psychotherapy, cognitive therapy, sex therapy, psychoanalysis,
  126  hypnotherapy, or long-term counseling.
  127         (2)“Board” means the Board of Applied Behavior Analysis
  128  established in s. 470.415, except when the term is used in the
  129  context of board certification.
  130         (3)“Board-certified assistant behavior analyst” means a
  131  practitioner who is certified by the national Behavior Analyst
  132  Certification Board as an assistant behavior analyst.
  133         (4)“Board-certified behavior analyst” means a practitioner
  134  who is certified as a behavior analyst, or is recognized as a
  135  Florida-certified behavior analyst, by the national Behavior
  136  Analyst Certification Board.
  137         (5)“Department” means the Department of Health.
  138         (6)“Licensed assistant behavior analyst” means an
  139  individual who is licensed by the board as an assistant behavior
  140  analyst and meets the requirements of this chapter.
  141         (7)“Licensed behavior analyst” means an individual who is
  142  licensed by the board and meets the requirements of this
  143  chapter.
  144         Section 7. Section 470.415, Florida Statutes, is created to
  145  read:
  146         470.415Board of Applied Behavior Analysis.—
  147         (1)The Board of Applied Behavior Analysis is created
  148  within the department. The board consists of seven members
  149  appointed by the Governor and confirmed by the Senate.
  150         (2)The initial board members, who are not required to be
  151  licensed as a condition of appointment, shall be appointed as
  152  follows:
  153         (a)Three board-certified behavior analysts, two of whom
  154  must hold a doctoral level degree. One shall be appointed to a
  155  4-year term, one shall be appointed to a 2-year term, and one
  156  shall be appointed to a 1-year term;
  157         (b)One board-certified assistant behavior analyst, who
  158  shall be appointed to a 3-year term;
  159         (c)One psychologist licensed pursuant to chapter 490 or
  160  one clinical social worker, marriage and family therapist, or
  161  mental health counselor licensed pursuant to chapter 491, who
  162  shall be appointed to a 3-year term. The majority of the
  163  appointee’s professional practice must be related to the
  164  treatment of behavior disorders, including, but not limited to,
  165  autism spectrum disorders; and
  166         (d)Two laypersons, who may include a parent or guardian of
  167  an individual who is a recipient of applied behavior analysis
  168  services, one of whom shall serve a 4-year term, and one of whom
  169  shall serve a 2-year term.
  170         (3)As the terms of the initial members expire, the
  171  Governor shall appoint successors for 4-year terms. Each
  172  successor, except for the laypersons, must be licensed. A member
  173  may not serve more than two consecutive terms.
  174         Section 8. Section 470.42, Florida Statutes, is created to
  175  read:
  176         470.42Rulemaking authority.—
  177         (1)The board has authority to adopt rules pursuant to ss.
  178  120.536(1) and 120.54 to implement the provisions of this
  179  chapter conferring duties upon it. Such rules must include, but
  180  are not limited to, rules relating to:
  181         (a)Standards of practice for licensed behavior analysts
  182  and licensed assistant behavior analysts.
  183         (b)Supervision of licensed assistant behavior analysts, or
  184  students in training to be licensed behavior analysts or
  185  licensed assistant behavior analysts, including the number of
  186  persons that a licensed behavior analyst or licensed assistant
  187  behavior analyst may supervise at one time.
  188         (2)The department may adopt rules to implement the
  189  provisions of this chapter conferring duties upon it. Such rules
  190  shall include, but are not limited to, rules relating to
  191  licensure and license renewal applications, processes, and fees.
  192         Section 9. Section 470.43, Florida Statutes, is created to
  193  read:
  194         470.43Licensure.—
  195         (1)The department shall license an applicant as a behavior
  196  analyst if the applicant:
  197         (a)Submits a completed application to the department using
  198  a form approved by the board;
  199         (b)Remits the appropriate fees;
  200         (c)Has passed a criminal background check after submitting
  201  fingerprints and a fee pursuant to s. 456.0135; and
  202         (d)Submits proof that the applicant is a board-certified
  203  behavior analyst.
  204         (2)The department shall license an applicant as an
  205  assistant behavior analyst if the applicant:
  206         (a)Submits a completed application to the department using
  207  a form approved by the board;
  208         (b)Remits the appropriate fees;
  209         (c)Has passed a criminal background check after submitting
  210  fingerprints and a fee pursuant to s. 456.0135;
  211         (d)Submits proof to the department that the applicant is a
  212  board-certified assistant behavior analyst; and
  213         (e)Identifies a supervising licensed behavior analyst who
  214  is qualified to supervise the applicant under Behavior Analyst
  215  Certification Board requirements and this chapter.
  216         Section 10. Section 470.44, Florida Statutes, is created to
  217  read:
  218         470.44 Renewal of license.—
  219         (1)The department shall renew a license upon receipt of
  220  proof that the applicant is certified by the Behavior Analyst
  221  Certification Board and a completed renewal application and
  222  remitted the fee.
  223         (2)The department shall adopt rules establishing a
  224  procedure for the biennial renewal of licenses.
  225         (3)The board shall prescribe by rule 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  Behavior Analyst Certification Board certification to be used to
  233  meet the continuing education requirements of this subsection.
  234         Section 11. Section 470.45, Florida Statutes, is created to
  235  read:
  236         470.45Fees.—
  237         (1)The board shall establish by rule a fee not to exceed
  238  $100 for an application, $300 for an initial license, or $300
  239  for license 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         470.46Disciplinary 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)Making 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 or licensee knows, or has reason to believe,
  271  is in violation of this chapter or of a rule of the department
  272  or the 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, as defined in s. 794.011, or which
  297  would constitute sexual misconduct. Sexual misconduct shall be
  298  defined by rule by the board.
  299         (l)Making misleading, deceptive, untrue, or fraudulent
  300  representations in the practice of applied behavior analysis.
  301         (m)Soliciting patients or clients personally, or through
  302  an agent, through the use of fraud, intimidation, undue
  303  influence, or a form of overreaching or vexatious conduct.
  304         (n)Failing to make available to a patient or client, upon
  305  written request, copies of test results, reports, or documents
  306  in the possession or under the control of the licensee which
  307  have been prepared for and paid for by the patient or client.
  308         (o)Failing to respond within 30 days to a written
  309  communication from the department concerning any investigation
  310  by the department, or failing to make available any relevant
  311  records with respect to any investigation about the licensee’s
  312  conduct or background.
  313         (p)Being unable to practice the profession for which he or
  314  she is licensed under this chapter with reasonable skill or
  315  competence as a result of any mental or physical condition or by
  316  reason of illness; drunkenness; or excessive use of drugs,
  317  narcotics, chemicals, or any other substance. In enforcing this
  318  paragraph, upon a finding by the State Surgeon General, the
  319  State Surgeon General’s designee, or the board that probable
  320  cause exists to believe that the licensee is unable to practice
  321  the profession because of the reasons stated in this paragraph,
  322  the department shall have the authority to compel a licensee to
  323  submit to a mental or physical examination by a physician
  324  designated by the department or board. If the licensee refuses
  325  to comply with such order, the department’s order directing the
  326  examination may be enforced by filing a petition for enforcement
  327  in the circuit court in the circuit in which the licensee
  328  resides or does business. The licensee against whom the petition
  329  is filed may not be named or identified by initials in any
  330  public court records or documents, and the proceedings shall be
  331  closed to the public. The department shall be entitled to the
  332  summary procedure provided in s. 51.011. A licensee affected
  333  under this paragraph shall at reasonable intervals, as
  334  determined by the department, be afforded an opportunity to
  335  demonstrate that he or she can resume the competent practice for
  336  which he or she is licensed with reasonable skill and safety to
  337  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 board may enter an order denying licensure or
  363  imposing any of the penalties in s. 456.072(2) against any
  364  applicant for licensure or licensee who is found guilty of
  365  violating subsection (1) or who is found guilty of violating s.
  366  456.072(1).
  367         Section 13. Section 470.47, Florida Statutes, is created to
  368  read:
  369         470.47Violations and penalties.—
  370         (1)Effective January 1, 2016, a person may not engage in
  371  the practice of applied behavior analysis, assist in the
  372  practice of applied behavior analysis, render services
  373  designated as applied behavior analysis, or represent himself or
  374  herself as a practitioner of applied behavior analysis in this
  375  state unless he or she holds an active license as a behavior
  376  analyst or assistant behavior analyst pursuant to this chapter
  377  or meets an exception under s. 470.48. A person who violates
  378  this subsection commits a felony of the third degree, punishable
  379  as provided under s. 775.082, s. 775.083, or s. 775.084.
  380         (2)Effective January 1, 2016, a person may not use the
  381  following titles or any combination thereof, unless he or she
  382  holds an active license as a behavior analyst or assistant
  383  behavior analyst, as applicable, pursuant to this chapter:
  384         (a)“Licensed assistant behavior analyst.”
  385         (b)“Licensed behavior analyst.”
  386         (3)A person who violates subsection (2) commits a
  387  misdemeanor of the second degree, punishable as provided in s.
  388  775.082 or s. 775.083.
  389         Section 14. Section 470.48, Florida Statutes, is created to
  390  read:
  391         470.48Exceptions to applicability.—This chapter does not
  392  prohibit or restrict the practice of the following:
  393         (1)An individual licensed pursuant to chapter 458 or
  394  chapter 459.
  395         (2)An individual licensed pursuant to part III of chapter
  396  468 if the occupational therapist does not represent himself or
  397  herself as a behavior analyst.
  398         (3)An individual licensed under chapter 490 to practice
  399  psychology.
  400         (4)An individual licensed pursuant to chapter 491 as a
  401  clinical social worker, marriage and family therapist, or mental
  402  health counselor.
  403         (5)A certified teacher authorized to practice in this
  404  state; or a teaching assistant, other than a teaching assistant
  405  engaged in pupil personnel services, or student support
  406  professional who provides applied behavior analysis services
  407  under the supervision of a certified teacher. The services
  408  provided by or under the supervision of a certified teacher must
  409  be within his or her authorized scope of practice and within the
  410  scope of his or her education, training, and experience and must
  411  be provided in the course of his or her employment in a program
  412  approved by the Department of Education.
  413         (6)A behavior analyst who practices with nonhuman clients,
  414  including, but not limited to, applied animal behaviorists and
  415  animal trainers.
  416         (7)An individual who teaches applied behavior analysis or
  417  who conducts behavior analytic research if such teaching or
  418  research does not involve the delivery of applied behavior
  419  analysis.
  420         (8)A matriculated college or university student or
  421  postdoctoral fellow whose activities are part of a defined
  422  behavior analysis program of study, practicum, or intensive
  423  practicum if his or her practice under this subsection is
  424  directly supervised by a licensed behavior analyst or an
  425  instructor of course sequence approved by the Behavior Analyst
  426  Certification Board. A student or fellow may not represent
  427  himself or herself as a professional behavior analyst but may
  428  use a title indicating his or her trainee status, such as
  429  “behavior analyst student,” “behavior analyst intern,” or
  430  “behavior analyst trainee.”
  431         (9)An unlicensed individual pursuing supervised experience
  432  or training to meet eligibility requirements for Behavior
  433  Analyst Certification Board certification if such experience or
  434  training is supervised by a licensed behavior analyst or a
  435  licensed assistant behavior analyst who meets Behavior Analyst
  436  Certification Board supervisor requirements and if the
  437  supervised experience is conducted in accordance with other
  438  Behavior Analyst Certification Board standards 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 who provides general applied
  445  behavior analysis services to organizations if the services are
  446  for the benefit of the organizations and do not involve direct
  447  services to individuals.
  448         (12)A salaried employee of a private, nonprofit
  449  organization providing applied behavior analysis services to
  450  children, youth, and families if the services are provided for
  451  no charge, the employee is performing duties for which he or she
  452  was trained and hired, and the employee does not represent
  453  himself or herself as a licensed behavior analyst or licensed
  454  assistant behavior analyst.
  455         (13)A school psychologist certified in school psychology
  456  by the Department of Education who performs applied behavior
  457  analysis services as an employee of a public or private
  458  educational institution. Such exemption does not authorize
  459  unlicensed practice that is not performed directly as an
  460  employee of an 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. This act shall take effect July 1, 2016.
  472  
  473  ================= T I T L E  A M E N D M E N T ================
  474  And the title is amended as follows:
  475         Delete everything before the enacting clause
  476  and insert:
  477                        A bill to be entitled                      
  478         An act relating to behavior analysts; amending s.
  479         20.43, F.S.; establishing the Board of Applied
  480         Behavior Analysis within the Division of Medical
  481         Quality Assurance; amending s. 456.001, F.S.;
  482         including licensed behavior analysts and licensed
  483         assistant behavior analysts in the definition of the
  484         term “health care practitioner”; amending s. 456.0135,
  485         F.S.; requiring an application for licensure under ch.
  486         470, F.S., to include certain fingerprinting
  487         requirements; providing a directive to the Division of
  488         Law Revision and Information to create ch. 470, F.S.,
  489         entitled “Behavior Analysts”; creating s. 470.40,
  490         F.S.; providing a purpose; creating s. 470.41, F.S.;
  491         defining terms; creating s. 470.415, F.S.; creating
  492         the Board of Applied Behavior Analysis; providing for
  493         membership and terms of members; creating s. 470.42,
  494         F.S.; creating rulemaking authority for the board and
  495         the Department of Health; creating s. 470.43, F.S.;
  496         providing requirements for licensure as a behavior
  497         analyst or assistant behavior analyst; creating s.
  498         470.44, F.S.; providing requirements for renewal of
  499         license; creating s. 470.45, F.S.; establishing
  500         maximum fees for applications, initial licenses, and
  501         license renewals; requiring fees collected by the
  502         department to be deposited into a specified trust
  503         fund; creating s. 470.46, F.S.; providing grounds for
  504         denial of license or disciplinary action; creating s.
  505         470.47, F.S.; providing penalties for practicing
  506         applied behavior analysis without a license or
  507         wrongfully identifying oneself as a licensed behavior
  508         analyst or licensed assistant behavior analyst;
  509         creating s. 470.48, F.S.; providing exceptions to
  510         applicability of ch. 470, F.S.; providing an effective
  511         date.