Florida Senate - 2016                                     SB 918
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00631-16                                            2016918__
    1                        A bill to be entitled                      
    2         An act relating to licensure of health care
    3         professionals; amending s. 381.0034, F.S.; deleting
    4         the requirement that applicants making initial
    5         application for certain licensure complete certain
    6         courses; amending s. 456.013, F.S.; revising course
    7         requirements for renewing a certain license; amending
    8         s. 456.024, F.S.; providing for the issuance of a
    9         license to practice under certain conditions to a
   10         military health care practitioner in a profession for
   11         which licensure in a state or jurisdiction is not
   12         required to practice in the military; providing for
   13         the issuance of a temporary professional license under
   14         certain conditions to the spouse of an active duty
   15         member of the Armed Forces of the United States who is
   16         a healthcare practitioner in a profession for which
   17         licensure in a state or jurisdiction may not be
   18         required; deleting the requirement that an applicant
   19         who is issued a temporary professional license to
   20         practice as a dentist must practice under the indirect
   21         supervision of a licensed dentist; amending s.
   22         456.025, F.S.; deleting the requirement for an annual
   23         meeting of chairpersons of Division of Medical Quality
   24         Assurance boards and professions; deleting the
   25         requirement that certain recommendations be included
   26         in a report to the Legislature; deleting a requirement
   27         that the Department of Health set license fees and
   28         recommend fee cap increases in certain circumstances;
   29         providing that a profession may operate at a deficit
   30         for a certain time period; deleting a provision
   31         authorizing the department to advance funds under
   32         certain circumstances; deleting a requirement that the
   33         department implement an electronic continuing
   34         education tracking system; authorizing the department
   35         to waive specified costs under certain circumstances;
   36         revising legislative intent; deleting a prohibition
   37         against the expenditure of funds by the department
   38         from the account of a profession to pay for the
   39         expenses of another profession; deleting a requirement
   40         that the department include certain information in an
   41         annual report to the Legislature; creating s.
   42         456.0361, F.S.; requiring the department to establish
   43         an electronic continuing education tracking system;
   44         prohibiting the department from renewing a license
   45         unless the licensee has complied with all continuing
   46         education requirements; authorizing the department to
   47         adopt rules; amending s. 456.057, F.S.; revising a
   48         provision for a person or an entity appointed by the
   49         board to be approved by the department; authorizing
   50         the department to contract with a third party to
   51         provide record custodian services; amending s.
   52         456.0635, F.S.; deleting a provision on applicability
   53         relating to the issuance of licenses; amending s.
   54         456.076, F.S.; defining terms; providing for approval
   55         of treatment programs by department rule; providing
   56         that the department is not responsible for paying for
   57         the care provided by approved treatment programs or
   58         for consultant services; deleting a requirement for a
   59         communication from a consultant to the State Surgeon
   60         General; conforming provisions to changes made by the
   61         act; amending s. 457.107, F.S.; deleting a provision
   62         authorizing the Board of Acupuncture to request
   63         certain documentation from applicants; amending s.
   64         458.347, F.S.; deleting a requirement that a physician
   65         assistant file a signed affidavit with the department;
   66         amending s. 463.007, F.S.; making technical changes;
   67         amending s. 464.203, F.S.; revising inservice training
   68         requirements for certified nursing assistants;
   69         deleting a rulemaking requirement; repealing s.
   70         464.2085, F.S., relating to the Council on Certified
   71         Nursing Assistants; amending s. 465.0276, F.S.;
   72         deleting a requirement that the department inspect
   73         certain facilities; amending s. 466.0135, F.S.;
   74         deleting a requirement that a dentist file a signed
   75         affidavit with the department; deleting a provision
   76         authorizing the Board of Dentistry to request certain
   77         documentation from applicants; amending s. 466.014,
   78         F.S.; deleting a requirement that a dental hygienist
   79         file a signed affidavit with the department; deleting
   80         a provision authorizing the board to request certain
   81         documentation from applicants; amending s. 466.032,
   82         F.S.; deleting a requirement that a dental laboratory
   83         file a signed affidavit with the department; deleting
   84         a provision authorizing the department to request
   85         certain documentation from applicants; repealing s.
   86         468.1201, F.S., relating to a requirement for
   87         instruction on human immunodeficiency virus and
   88         acquired immune deficiency syndrome; amending s.
   89         483.901, F.S.; deleting provisions relating to the
   90         Advisory Council of Medical Physicists in the
   91         department; authorizing the department to issue
   92         temporary licenses in certain circumstances;
   93         authorizing the department to adopt rules; amending s.
   94         484.047, F.S.; deleting a requirement for a written
   95         statement from an applicant in certain circumstances;
   96         amending s. 486.109, F.S.; deleting a provision
   97         authorizing the department to conduct a random audit
   98         for certain information; amending ss. 458.331,
   99         459.015, 499.028, and 921.0022, F.S.; conforming
  100         cross-references; providing an effective date.
  101          
  102  Be It Enacted by the Legislature of the State of Florida:
  103  
  104         Section 1. Subsection (3) of section 381.0034, Florida
  105  Statutes, is amended to read:
  106         381.0034 Requirement for instruction on HIV and AIDS.—
  107         (3) The department shall require, as a condition of
  108  granting a license under chapter 467 or part III of chapter 483
  109  the chapters specified in subsection (1), that an applicant
  110  making initial application for licensure complete an educational
  111  course acceptable to the department on human immunodeficiency
  112  virus and acquired immune deficiency syndrome. Upon submission
  113  of an affidavit showing good cause, an applicant who has not
  114  taken a course at the time of licensure must shall, upon an
  115  affidavit showing good cause, be allowed 6 months to complete
  116  this requirement.
  117         Section 2. Subsection (7) of section 456.013, Florida
  118  Statutes, is amended to read:
  119         456.013 Department; general licensing provisions.—
  120         (7) The boards, or the department when there is no board,
  121  shall require the completion of a 2-hour course relating to
  122  prevention of medical errors as part of the biennial licensure
  123  and renewal process. The 2-hour course counts toward shall count
  124  towards the total number of continuing education hours required
  125  for the profession. The course must shall be approved by the
  126  board or department, as appropriate, and must shall include a
  127  study of root-cause analysis, error reduction and prevention,
  128  and patient safety. In addition, the course approved by the
  129  Board of Medicine and the Board of Osteopathic Medicine must
  130  shall include information relating to the five most misdiagnosed
  131  conditions during the previous biennium, as determined by the
  132  board. If the course is being offered by a facility licensed
  133  pursuant to chapter 395 for its employees, the board may approve
  134  up to 1 hour of the 2-hour course to be specifically related to
  135  error reduction and prevention methods used in that facility.
  136         Section 3. Paragraph (a) of subsection (3) and paragraphs
  137  (a) and (j) of subsection (4) of section 456.024, Florida
  138  Statutes, are amended to read:
  139         456.024 Members of Armed Forces in good standing with
  140  administrative boards or the department; spouses; licensure.—
  141         (3) A person who serves or has served as a health care
  142  practitioner in the United States Armed Forces, United States
  143  Reserve Forces, or the National Guard or a person who serves or
  144  has served on active duty with the United States Armed Forces as
  145  a health care practitioner in the United States Public Health
  146  Service is eligible for licensure in this state. The department
  147  shall develop an application form, and each board, or the
  148  department if there is no board, shall waive the application
  149  fee, licensure fee, and unlicensed activity fee for such
  150  applicants. For purposes of this subsection, “health care
  151  practitioner” means a health care practitioner as defined in s.
  152  456.001 and a person licensed under part III of chapter 401 or
  153  part IV of chapter 468.
  154         (a) The board, or department if there is no board, shall
  155  issue a license to practice in this state to a person who:
  156         1. Submits a complete application.
  157         2. Receives an honorable discharge within 6 months before,
  158  or will receive an honorable discharge within 6 months after,
  159  the date of submission of the application.
  160         3. Holds an active, unencumbered license issued by another
  161  state, the District of Columbia, or a possession or territory of
  162  the United States and who has not had disciplinary action taken
  163  against him or her in the 5 years preceding the date of
  164  submission of the application, or who is a military health care
  165  practitioner in a profession for which licensure in a state or
  166  jurisdiction is not required to practice in the United States
  167  Armed Services, who provides evidence of military training or
  168  experience substantially equivalent to the requirements for
  169  licensure in this state in that profession, and who obtained a
  170  passing score on the appropriate examination of a national
  171  standards organization if required for licensure in this state.
  172         4. Attests that he or she is not, at the time of
  173  submission, the subject of a disciplinary proceeding in a
  174  jurisdiction in which he or she holds a license or by the United
  175  States Department of Defense for reasons related to the practice
  176  of the profession for which he or she is applying.
  177         5. Actively practiced the profession for which he or she is
  178  applying for the 3 years preceding the date of submission of the
  179  application.
  180         6. Submits a set of fingerprints for a background screening
  181  pursuant to s. 456.0135, if required for the profession for
  182  which he or she is applying.
  183  
  184  The department shall verify information submitted by the
  185  applicant under this subsection using the National Practitioner
  186  Data Bank.
  187         (4)(a) The board, or the department if there is no board,
  188  may issue a temporary professional license to the spouse of an
  189  active duty member of the Armed Forces of the United States who
  190  submits to the department:
  191         1. A completed application upon a form prepared and
  192  furnished by the department in accordance with the board’s
  193  rules;
  194         2. The required application fee;
  195         3. Proof that the applicant is married to a member of the
  196  Armed Forces of the United States who is on active duty;
  197         4. Proof that the applicant holds a valid license for the
  198  profession issued by another state, the District of Columbia, or
  199  a possession or territory of the United States, and is not the
  200  subject of any disciplinary proceeding in any jurisdiction in
  201  which the applicant holds a license to practice a profession
  202  regulated by this chapter, or is a health care practitioner in a
  203  profession for which licensure in another state or jurisdiction
  204  may not be required, who provides evidence of training or
  205  experience substantially equivalent to the requirements for
  206  licensure in this state in that profession and proof of a
  207  passing score on the appropriate examination of a national
  208  standards organization if required for licensure in this state;
  209  and
  210         5. Proof that the applicant’s spouse is assigned to a duty
  211  station in this state pursuant to the member’s official active
  212  duty military orders.; and
  213         6. Proof that the applicant would otherwise be entitled to
  214  full licensure under the appropriate practice act, and is
  215  eligible to take the respective licensure examination as
  216  required in Florida.
  217         (j) An applicant who is issued a temporary professional
  218  license to practice as a dentist pursuant to this section must
  219  practice under the indirect supervision, as defined in s.
  220  466.003, of a dentist licensed pursuant to chapter 466.
  221         Section 4. Present subsections (3) through (11) of section
  222  456.025, Florida Statutes, are redesignated as subsections (2)
  223  through (10), respectively, and present subsections (2), (3),
  224  (7), and (8) of that section are amended, to read:
  225         456.025 Fees; receipts; disposition.—
  226         (2) The chairpersons of the boards and councils listed in
  227  s. 20.43(3)(g) shall meet annually at division headquarters to
  228  review the long-range policy plan required by s. 456.005 and
  229  current and proposed fee schedules. The chairpersons shall make
  230  recommendations for any necessary statutory changes relating to
  231  fees and fee caps. Such recommendations shall be compiled by the
  232  Department of Health and be included in the annual report to the
  233  Legislature required by s. 456.026 as well as be included in the
  234  long-range policy plan required by s. 456.005.
  235         (2)(3) Each board within the jurisdiction of the
  236  department, or the department when there is no board, shall
  237  determine by rule the amount of license fees for the profession
  238  it regulates, based upon long-range estimates prepared by the
  239  department of the revenue required to implement laws relating to
  240  the regulation of professions by the department and the board.
  241  Each board, or the department if there is no board, shall ensure
  242  that license fees are adequate to cover all anticipated costs
  243  and to maintain a reasonable cash balance, as determined by rule
  244  of the agency, with advice of the applicable board. If
  245  sufficient action is not taken by a board within 1 year after
  246  notification by the department that license fees are projected
  247  to be inadequate, the department shall set license fees on
  248  behalf of the applicable board to cover anticipated costs and to
  249  maintain the required cash balance. The department shall include
  250  recommended fee cap increases in its annual report to the
  251  Legislature. Further, it is the intent of the Legislature
  252  legislative intent that a no regulated profession not operate
  253  with a negative cash balance. If, however, a profession’s fees
  254  are at their statutory fee cap and the requirements of
  255  subsections (1) and (4) are met, a profession may operate at a
  256  deficit until the deficit is eliminated The department may
  257  provide by rule for advancing sufficient funds to any profession
  258  operating with a negative cash balance. The advancement may be
  259  for a period not to exceed 2 consecutive years, and the
  260  regulated profession must pay interest. Interest shall be
  261  calculated at the current rate earned on investments of a trust
  262  fund used by the department to implement this chapter. Interest
  263  earned shall be allocated to the various funds in accordance
  264  with the allocation of investment earnings during the period of
  265  the advance.
  266         (6)(7) Each board, or the department if there is no board,
  267  shall establish, by rule, a fee of up to not to exceed $250 for
  268  anyone seeking approval to provide continuing education courses
  269  or programs and shall establish by rule a biennial renewal fee
  270  of up to not to exceed $250 for the renewal of an approval to
  271  provide providership of such courses. The fees collected from
  272  continuing education providers shall be used for the purposes of
  273  reviewing course provider applications, monitoring the integrity
  274  of the courses provided, covering legal expenses incurred as a
  275  result of not granting or renewing an approval a providership,
  276  and developing and maintaining an electronic continuing
  277  education tracking system pursuant to s. 456.0361. The
  278  department shall implement an electronic continuing education
  279  tracking system for each new biennial renewal cycle for which
  280  electronic renewals are implemented after the effective date of
  281  this act and shall integrate such system into the licensure and
  282  renewal system. All approved continuing education providers
  283  shall provide information on course attendance to the department
  284  necessary to implement the electronic tracking system. The
  285  department shall, by rule, specify the form and procedures by
  286  which the information is to be submitted.
  287         (7)(8) All moneys collected by the department from fees or
  288  fines or from costs awarded to the agency by a court shall be
  289  paid into a trust fund used by the department to implement this
  290  chapter. The Legislature shall appropriate funds from this trust
  291  fund sufficient to administer carry out this chapter and the
  292  provisions of law with respect to professions regulated by the
  293  Division of Medical Quality Assurance within the department and
  294  the boards. The department may contract with public and private
  295  entities to receive and deposit revenue pursuant to this
  296  section. The department shall maintain separate accounts in the
  297  trust fund used by the department to implement this chapter for
  298  every profession within the department. To the maximum extent
  299  possible, the department shall directly charge all expenses to
  300  the account of each regulated profession. For the purpose of
  301  this subsection, direct charge expenses include, but are not
  302  limited to, costs for investigations, examinations, and legal
  303  services. For expenses that cannot be charged directly, the
  304  department shall provide for the proportionate allocation among
  305  the accounts of expenses incurred by the department in the
  306  performance of its duties with respect to each regulated
  307  profession. If a profession has established renewal fees that
  308  meet the requirements of subsection (1), has fees that are at
  309  the statutory fee cap, and has been operating in a deficit for 2
  310  or more fiscal years, the department may waive allocated
  311  administrative and operational indirect costs until such time as
  312  the profession has a positive cash balance. The costs related to
  313  administration and operations include, but are not limited to,
  314  the costs of the director’s office and the costs of system
  315  support, communications, central records, and other such
  316  administrative functions. Such waived costs shall be allocated
  317  to the other professions that must meet the requirements of this
  318  section, and cash in the unlicensed activity account under s.
  319  456.065 of the profession whose costs have been waived shall be
  320  transferred to the operating account in an amount not to exceed
  321  the amount of the deficit. The regulation by the department of
  322  professions, as defined in this chapter, must shall be financed
  323  solely from revenue collected by the department it from fees and
  324  other charges and deposited in the Medical Quality Assurance
  325  Trust Fund, and all such revenue is hereby appropriated to the
  326  department, which. However, it is legislative intent that each
  327  profession shall operate within its anticipated fees. The
  328  department may not expend funds from the account of a profession
  329  to pay for the expenses incurred on behalf of another
  330  profession, except that the Board of Nursing must pay for any
  331  costs incurred in the regulation of certified nursing
  332  assistants. The department shall maintain adequate records to
  333  support its allocation of agency expenses. The department shall
  334  provide any board with reasonable access to these records upon
  335  request. On or before October 1 of each year, the department
  336  shall provide each board an annual report of revenue and direct
  337  and allocated expenses related to the operation of that
  338  profession. The board shall use these reports and the
  339  department’s adopted long-range plan to determine the amount of
  340  license fees. A condensed version of this information, with the
  341  department’s recommendations, shall be included in the annual
  342  report to the Legislature prepared under s. 456.026.
  343         Section 5. Section 456.0361, Florida Statutes, is created
  344  to read:
  345         456.0361 Compliance with continuing education
  346  requirements.—
  347         (1) The department shall establish an electronic continuing
  348  education tracking system to monitor licensee compliance with
  349  applicable continuing education requirements and to determine
  350  whether a licensee is in full compliance with the requirements
  351  at the time of his or her application for license renewal. The
  352  tracking system shall be integrated into the department’s
  353  licensure and renewal process.
  354         (2) The department may not renew a license until the
  355  licensee complies with all applicable continuing education
  356  requirements. This subsection does not prohibit the department
  357  or the boards from imposing additional penalties under the
  358  applicable professional practice act or applicable rules for
  359  failure to comply with continuing education requirements.
  360         (3) The department may adopt rules to implement this
  361  section.
  362         Section 6. Subsection (20) of section 456.057, Florida
  363  Statutes, is amended to read:
  364         456.057 Ownership and control of patient records; report or
  365  copies of records to be furnished; disclosure of information.—
  366         (20) The board with department approval, or department when
  367  there is no board, may temporarily or permanently appoint a
  368  person or an entity as a custodian of medical records in the
  369  event of the death of a practitioner, the mental or physical
  370  incapacitation of a the practitioner, or the abandonment of
  371  medical records by a practitioner. Such The custodian appointed
  372  shall comply with all provisions of this section. The department
  373  may contract with a third party to provide these services under
  374  the confidentiality and disclosure requirements of this section,
  375  including the release of patient records.
  376         Section 7. Subsection (2) of section 456.0635, Florida
  377  Statutes, is amended to read:
  378         456.0635 Health care fraud; disqualification for license,
  379  certificate, or registration.—
  380         (2) Each board within the jurisdiction of the department,
  381  or the department if there is no board, shall refuse to admit a
  382  candidate to any examination and refuse to issue a license,
  383  certificate, or registration to any applicant if the candidate
  384  or applicant or any principal, officer, agent, managing
  385  employee, or affiliated person of the applicant:
  386         (a) Has been convicted of, or entered a plea of guilty or
  387  nolo contendere to, regardless of adjudication, a felony under
  388  chapter 409, chapter 817, or chapter 893, or a similar felony
  389  offense committed in another state or jurisdiction, unless the
  390  candidate or applicant has successfully completed a drug court
  391  program for that felony and provides proof that the plea has
  392  been withdrawn or the charges have been dismissed. Any such
  393  conviction or plea shall exclude the applicant or candidate from
  394  licensure, examination, certification, or registration unless
  395  the sentence and any subsequent period of probation for such
  396  conviction or plea ended:
  397         1. For felonies of the first or second degree, more than 15
  398  years before the date of application.
  399         2. For felonies of the third degree, more than 10 years
  400  before the date of application, except for felonies of the third
  401  degree under s. 893.13(6)(a).
  402         3. For felonies of the third degree under s. 893.13(6)(a),
  403  more than 5 years before the date of application;
  404         (b) Has been convicted of, or entered a plea of guilty or
  405  nolo contendere to, regardless of adjudication, a felony under
  406  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
  407  sentence and any subsequent period of probation for such
  408  conviction or plea ended more than 15 years before the date of
  409  the application;
  410         (c) Has been terminated for cause from the Florida Medicaid
  411  program pursuant to s. 409.913, unless the candidate or
  412  applicant has been in good standing with the Florida Medicaid
  413  program for the most recent 5 years;
  414         (d) Has been terminated for cause, pursuant to the appeals
  415  procedures established by the state, from any other state
  416  Medicaid program, unless the candidate or applicant has been in
  417  good standing with a state Medicaid program for the most recent
  418  5 years and the termination occurred at least 20 years before
  419  the date of the application; or
  420         (e) Is currently listed on the United States Department of
  421  Health and Human Services Office of Inspector General’s List of
  422  Excluded Individuals and Entities.
  423  
  424  This subsection does not apply to candidates or applicants for
  425  initial licensure or certification who were enrolled in an
  426  educational or training program on or before July 1, 2009, which
  427  was recognized by a board or, if there is no board, recognized
  428  by the department, and who applied for licensure after July 1,
  429  2012.
  430         Section 8. Present subsections (1) through (9) of section
  431  456.076, Florida Statutes, are redesignated as subsections (2)
  432  through (10), respectively, a new subsection (1) is added to
  433  that section, and present subsection (1), paragraph (c) of
  434  present subsection (2), present subsection (3), paragraphs (a),
  435  (c), (e), and (f) of present subsection (4), and present
  436  subsections (6), (8), and (9) of that section are amended, to
  437  read:
  438         456.076 Treatment programs for impaired practitioners.—
  439         (1) As used in this section, the term:
  440         (a) “Approved impaired practitioner program” means a
  441  program designated by the department to provide services for
  442  impaired practitioners through a contract that requires the
  443  program to initiate interventions and to recommend evaluations
  444  of impaired practitioners, refer impaired practitioners to
  445  approved treatment programs or approved treatment providers, and
  446  monitor the progress of impaired practitioners during treatment.
  447  Approved impaired practitioner programs may not provide medical
  448  services.
  449         (b) “Approved treatment program” means a state-licensed or
  450  nationally accredited residential, intensive outpatient, partial
  451  hospital, or other treatment program that employs a
  452  multidisciplinary team of providers to treat an impaired
  453  practitioner based on the impaired practitioner’s individual
  454  diagnosis and a treatment plan for the impaired practitioner
  455  approved by the consultant who referred the impaired
  456  practitioner to the treatment program.
  457         (c) “Approved treatment provider” means a state-licensed or
  458  nationally certified individual with experience in the treatment
  459  of specific types of impairment who provides treatment to an
  460  impaired practitioner based on the impaired practitioner’s
  461  individual diagnosis and a treatment plan for the impaired
  462  practitioner approved by the consultant who referred the
  463  impaired practitioner to the treatment provider, or a treatment
  464  program employing such individual.
  465         (d) “Consultant” means an approved impaired practitioner
  466  program and the program’s medical director. Consultants must
  467  receive allegations of a practitioner’s impairment, intervene or
  468  arrange for an intervention with the practitioner, refer an
  469  impaired practitioner to an approved treatment program or an
  470  approved treatment provider, monitor and evaluate the progress
  471  of treatment of an impaired practitioner, and monitor the
  472  continued care provided by an approved treatment program or an
  473  approved treatment provider to an impaired practitioner.
  474         (2)(1) For professions whose practice acts do not provide
  475  for that do not have impaired practitioner programs provided for
  476  in their practice acts, the department shall, by rule, designate
  477  by rule approved impaired practitioner programs under this
  478  section. The department may adopt rules setting forth
  479  appropriate criteria for approval of treatment providers and
  480  treatment programs. The rules may specify the manner in which
  481  the consultant, retained as provided set forth in subsection (3)
  482  subsection (2), works with the department in intervention;,
  483  requirements for evaluating and treating a professional and,
  484  requirements for continued care of impaired professionals by
  485  approved treatment providers; requirements for, continued
  486  monitoring by the consultant of the care provided by approved
  487  treatment providers and approved treatment programs regarding
  488  the professionals under their care;, and requirements related to
  489  the consultant’s expulsion of professionals from the approved
  490  impaired practitioner program.
  491         (3)(2)
  492         (c)1. The consultant shall assist the probable cause panel
  493  and the department in carrying out the responsibilities of this
  494  section. This includes working with department investigators to
  495  determine whether a practitioner is, in fact, impaired.
  496         2. The consultant may contract with a school or program to
  497  provide services to a student enrolled for the purpose of
  498  preparing for licensure as a health care practitioner as defined
  499  in this chapter or as a veterinarian under chapter 474 if the
  500  student is allegedly impaired as a result of the misuse or abuse
  501  of alcohol or drugs, or both, or due to a mental or physical
  502  condition. The department is not responsible for paying for the
  503  care provided by approved treatment providers or approved
  504  treatment programs or for consultant services a consultant.
  505         (4)(3) Before certifying or declining to certify an
  506  application for licensure to the department, each board and
  507  profession within the Division of Medical Quality Assurance may
  508  delegate to its chair or other designee its authority to
  509  determine, before certifying or declining to certify an
  510  application for licensure to the department, that an applicant
  511  for licensure under its jurisdiction may be impaired as a result
  512  of the misuse or abuse of alcohol or drugs, or both, or due to a
  513  mental or physical condition that could affect the applicant’s
  514  ability to practice with skill and safety. Upon such
  515  determination, the chair or other designee may refer the
  516  applicant to the consultant for an evaluation before the board
  517  certifies or declines to certify his or her application to the
  518  department. If the applicant agrees to be evaluated by the
  519  consultant, the department’s deadline for approving or denying
  520  the application pursuant to s. 120.60(1) is tolled until the
  521  evaluation is completed and the result of the evaluation and
  522  recommendation by the consultant is communicated to the board by
  523  the consultant. If the applicant declines to be evaluated by the
  524  consultant, the board shall certify or decline to certify the
  525  applicant’s application to the department notwithstanding the
  526  lack of an evaluation and recommendation by the consultant.
  527         (5)(4)(a) When Whenever the department receives a written
  528  or oral, legally sufficient complaint alleging that a licensee
  529  under the jurisdiction of the Division of Medical Quality
  530  Assurance within the department is impaired as a result of the
  531  misuse or abuse of alcohol or drugs, or both, or due to a mental
  532  or physical condition which could affect the licensee’s ability
  533  to practice with skill and safety, and no complaint against the
  534  licensee other than impairment exists, the reporting of such
  535  information does shall not constitute grounds for discipline
  536  pursuant to s. 456.072 or the corresponding grounds for
  537  discipline within the applicable practice act if the probable
  538  cause panel of the appropriate board, or the department when
  539  there is no board, finds:
  540         1. The licensee has acknowledged his or her the impairment
  541  problem.
  542         2. The licensee has voluntarily enrolled in an appropriate,
  543  approved treatment program.
  544         3. The licensee has voluntarily withdrawn from practice or
  545  has limited the scope of his or her practice as required by the
  546  consultant, in each case, until such time as the panel, or the
  547  department when there is no board, is satisfied the licensee has
  548  successfully completed an approved treatment program.
  549         4. The licensee has executed releases for medical records,
  550  authorizing the release to the consultant of all records of
  551  evaluations, diagnoses, and treatment of the licensee, including
  552  records of treatment for emotional or mental conditions, to the
  553  consultant. The consultant may not shall make no copies or
  554  reports of records that are unrelated to do not regard the issue
  555  of the licensee’s impairment and his or her participation in an
  556  approved a treatment program.
  557         (c) Inquiries by a licensee or others related to approved
  558  impairment treatment programs which are intended designed to
  559  allow provide information to the licensee and others to obtain
  560  information and which do not indicate that the licensee presents
  561  a danger to the public do shall not constitute a complaint
  562  within the meaning of s. 456.073 and are shall be exempt from
  563  the provisions of this subsection.
  564         (e) The probable cause panel, or the department when there
  565  is no board, shall work directly with the consultant, and all
  566  information concerning a practitioner obtained from the
  567  consultant by the panel, or the department when there is no
  568  board, shall remain confidential and exempt from the provisions
  569  of s. 119.07(1), subject to the provisions of subsections (7)
  570  and (8) subsections (6) and (7).
  571         (f) A finding of probable cause may shall not be made if,
  572  based upon information it receives from the consultant and the
  573  department, as long as the panel, or the department when there
  574  is no board, is satisfied, based upon information it receives
  575  from the consultant and the department, that the licensee is
  576  progressing satisfactorily in an approved impaired practitioner
  577  treatment program and it is determined that no other complaint
  578  has been made against the licensee exists.
  579         (7)(6)(a) Upon request, an approved treatment provider
  580  shall, upon request, disclose to the consultant all information
  581  in his or her its possession regarding the issue of a licensee’s
  582  impairment and the licensee’s participation in the approved
  583  treatment program. All information obtained by the consultant
  584  and department pursuant to this section is confidential and
  585  exempt from the provisions of s. 119.07(1), subject to the
  586  provisions of this subsection and subsection (8) (7). Failure to
  587  provide such information to the consultant is grounds for
  588  withdrawal of approval of the approved treatment such program or
  589  provider.
  590         (b) If, after consultation with the approved treatment
  591  provider, in the opinion of the consultant believes that, after
  592  consultation with the treatment provider, an impaired licensee
  593  has not progressed satisfactorily in an approved a treatment
  594  program, all information regarding the issue of a licensee’s
  595  impairment and participation in the approved a treatment program
  596  which is in the consultant’s possession shall be disclosed to
  597  the department. Such disclosure constitutes shall constitute a
  598  complaint pursuant to the general provisions of s. 456.073.
  599  Whenever the consultant concludes that impairment affects a
  600  licensee’s practice and constitutes an immediate, serious danger
  601  to the public health, safety, or welfare, that conclusion shall
  602  be communicated to the State Surgeon General.
  603         (9)(8)(a) A consultant retained pursuant to subsection (3)
  604  subsection (2), a consultant’s officers and employees, and those
  605  acting at the direction of the consultant for the limited
  606  purpose of an emergency intervention on behalf of a licensee or
  607  student as described in subsection (3) subsection (2) when the
  608  consultant is unable to perform such intervention shall be
  609  considered agents of the department for purposes of s. 768.28
  610  while acting within the scope of the consultant’s duties under
  611  the contract with the department if the contract complies with
  612  the requirements of this section. The contract must require
  613  that:
  614         1. The consultant indemnify the state for any liabilities
  615  incurred up to the limits set out in chapter 768.
  616         2. The consultant establish a quality assurance program to
  617  monitor services delivered under the contract.
  618         3. The consultant’s quality assurance program, treatment,
  619  and monitoring records be evaluated quarterly.
  620         4. The consultant’s quality assurance program be subject to
  621  review and approval by the department.
  622         5. The consultant operate under policies and procedures
  623  approved by the department.
  624         6. The consultant provide to the department for approval a
  625  policy and procedure manual that comports with all statutes,
  626  rules, and contract provisions approved by the department.
  627         7. The department be entitled to review the records
  628  relating to the consultant’s performance under the contract for
  629  the purpose of management audits, financial audits, or program
  630  evaluation.
  631         8. All performance measures and standards be subject to
  632  verification and approval by the department.
  633         9. The department be entitled to terminate the contract
  634  with the consultant for noncompliance with the contract.
  635         (b) In accordance with s. 284.385, the Department of
  636  Financial Services shall defend any claim, suit, action, or
  637  proceeding, including a claim, suit, action, or proceeding for
  638  injunctive, affirmative, or declaratory relief, against the
  639  consultant, the consultant’s officers or employees, or those
  640  acting at the direction of the consultant for the limited
  641  purpose of an emergency intervention on behalf of a licensee or
  642  student as described in subsection (3) subsection (2) when the
  643  consultant is unable to perform such intervention, which claim,
  644  suit, action, or proceeding is brought as a result of an act or
  645  omission by any of the consultant’s officers and employees and
  646  those acting under the direction of the consultant for the
  647  limited purpose of an emergency intervention on behalf of the
  648  licensee or student when the consultant is unable to perform
  649  such intervention, if the act or omission arises out of and is
  650  in the scope of the consultant’s duties under its contract with
  651  the department.
  652         (c) If the consultant retained pursuant to subsection (3)
  653  subsection (2) is retained by any other state agency, and if the
  654  contract between such state agency and the consultant complies
  655  with the requirements of this section, the consultant, the
  656  consultant’s officers and employees, and those acting under the
  657  direction of the consultant for the limited purpose of an
  658  emergency intervention on behalf of a licensee or student as
  659  described in subsection (3) subsection (2) when the consultant
  660  is unable to perform such intervention shall be considered
  661  agents of the state for the purposes of this section while
  662  acting within the scope of and pursuant to guidelines
  663  established in the contract between such state agency and the
  664  consultant.
  665         (10)(9) An impaired practitioner consultant is the official
  666  custodian of records relating to the referral of an impaired
  667  licensee or applicant to that consultant and any other
  668  interaction between the licensee or applicant and the
  669  consultant. The consultant may disclose to the impaired licensee
  670  or applicant or his or her designee any information that is
  671  disclosed to or obtained by the consultant or that is
  672  confidential under paragraph (7)(a) paragraph (6)(a), but only
  673  to the extent that it is necessary to do so to carry out the
  674  consultant’s duties under this section. The department, and any
  675  other entity that enters into a contract with the consultant to
  676  receive the services of the consultant, has direct
  677  administrative control over the consultant to the extent
  678  necessary to receive disclosures from the consultant as allowed
  679  by federal law. If a disciplinary proceeding is pending, an
  680  impaired licensee may obtain such information from the
  681  department under s. 456.073.
  682         Section 9. Subsection (3) of section 457.107, Florida
  683  Statutes, is amended to read:
  684         457.107 Renewal of licenses; continuing education.—
  685         (3) The board shall by rule prescribe by rule continuing
  686  education requirements of up to, not to exceed 30 hours
  687  biennially, as a condition for renewal of a license. All
  688  education programs that contribute to the advancement,
  689  extension, or enhancement of professional skills and knowledge
  690  related to the practice of acupuncture, whether conducted by a
  691  nonprofit or profitmaking entity, are eligible for approval. The
  692  continuing professional education requirements must be in
  693  acupuncture or oriental medicine subjects, including, but not
  694  limited to, anatomy, biological sciences, adjunctive therapies,
  695  sanitation and sterilization, emergency protocols, and diseases.
  696  The board may shall have the authority to set a fee of up to,
  697  not to exceed $100, for each continuing education provider. The
  698  licensee shall retain in his or her records the certificates of
  699  completion of continuing professional education requirements to
  700  prove compliance with this subsection. The board may request
  701  such documentation without cause from applicants who are
  702  selected at random. All national and state acupuncture and
  703  oriental medicine organizations and acupuncture and oriental
  704  medicine schools are approved to provide continuing professional
  705  education in accordance with this subsection.
  706         Section 10. Paragraph (e) of subsection (4) of section
  707  458.347, Florida Statutes, is amended to read:
  708         458.347 Physician assistants.—
  709         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  710         (e) A supervisory physician may delegate to a fully
  711  licensed physician assistant the authority to prescribe or
  712  dispense any medication used in the supervisory physician’s
  713  practice unless such medication is listed on the formulary
  714  created pursuant to paragraph (f). A fully licensed physician
  715  assistant may only prescribe or dispense such medication under
  716  the following circumstances:
  717         1. A physician assistant must clearly identify to the
  718  patient that he or she is a physician assistant and.
  719  Furthermore, the physician assistant must inform the patient
  720  that the patient has the right to see the physician before a
  721  prior to any prescription is being prescribed or dispensed by
  722  the physician assistant.
  723         2. The supervisory physician must notify the department of
  724  his or her intent to delegate, on a department-approved form,
  725  before delegating such authority and notify the department of
  726  any change in prescriptive privileges of the physician
  727  assistant. Authority to dispense may be delegated only by a
  728  supervising physician who is registered as a dispensing
  729  practitioner in compliance with s. 465.0276.
  730         3. The physician assistant must complete file with the
  731  department a signed affidavit that he or she has completed a
  732  minimum of 10 continuing medical education hours in the
  733  specialty practice in which the physician assistant has
  734  prescriptive privileges with each licensure renewal application.
  735         4. The department may issue a prescriber number to the
  736  physician assistant granting authority for the prescribing of
  737  medicinal drugs authorized within this paragraph upon completion
  738  of the foregoing requirements of this paragraph. The physician
  739  assistant is shall not be required to independently register
  740  pursuant to s. 465.0276.
  741         5. The prescription must be written in a form that complies
  742  with chapter 499 and, in addition to the supervisory physician’s
  743  name, address, and telephone number, must contain, in addition
  744  to the supervisory physician’s name, address, and telephone
  745  number, the physician assistant’s prescriber number. Unless it
  746  is a drug or drug sample dispensed by the physician assistant,
  747  the prescription must be filled in a pharmacy permitted under
  748  chapter 465 and must be dispensed in that pharmacy by a
  749  pharmacist licensed under chapter 465. The inclusion appearance
  750  of the prescriber number creates a presumption that the
  751  physician assistant is authorized to prescribe the medicinal
  752  drug and the prescription is valid.
  753         6. The physician assistant must note the prescription or
  754  dispensing of medication in the appropriate medical record.
  755         Section 11. Subsection (3) of section 463.007, Florida
  756  Statutes, is amended to read:
  757         463.007 Renewal of license; continuing education.—
  758         (3) As a condition of license renewal, a licensee must
  759  Unless otherwise provided by law, the board shall require
  760  licensees to periodically demonstrate his or her their
  761  professional competence, as a condition of renewal of a license,
  762  by completing up to 30 hours of continuing education during the
  763  2-year period preceding license renewal. For certified
  764  optometrists, the 30-hour continuing education requirement
  765  includes shall include 6 or more hours of approved transcript
  766  quality coursework in ocular and systemic pharmacology and the
  767  diagnosis, treatment, and management of ocular and systemic
  768  conditions and diseases during the 2-year period preceding
  769  application for license renewal.
  770         Section 12. Subsection (7) of section 464.203, Florida
  771  Statutes, is amended to read:
  772         464.203 Certified nursing assistants; certification
  773  requirement.—
  774         (7) A certified nursing assistant shall complete 24 12
  775  hours of inservice training during each biennium calendar year.
  776  The certified nursing assistant shall maintain be responsible
  777  for maintaining documentation demonstrating compliance with
  778  these provisions. The Council on Certified Nursing Assistants,
  779  in accordance with s. 464.2085(2)(b), shall propose rules to
  780  implement this subsection.
  781         Section 13. Section 464.2085, Florida Statutes, is
  782  repealed.
  783         Section 14. Paragraph (b) of subsection (1) and subsection
  784  (3) of section 465.0276, Florida Statutes, are amended to read:
  785         465.0276 Dispensing practitioner.—
  786         (1)
  787         (b) A practitioner registered under this section may not
  788  dispense a controlled substance listed in Schedule II or
  789  Schedule III as provided in s. 893.03. This paragraph does not
  790  apply to:
  791         1. The dispensing of complimentary packages of medicinal
  792  drugs which are labeled as a drug sample or complimentary drug
  793  as defined in s. 499.028 to the practitioner’s own patients in
  794  the regular course of her or his practice without the payment of
  795  a fee or remuneration of any kind, whether direct or indirect,
  796  as provided in subsection (4) subsection (5).
  797         2. The dispensing of controlled substances in the health
  798  care system of the Department of Corrections.
  799         3. The dispensing of a controlled substance listed in
  800  Schedule II or Schedule III in connection with the performance
  801  of a surgical procedure. The amount dispensed pursuant to the
  802  subparagraph may not exceed a 14-day supply. This exception does
  803  not allow for the dispensing of a controlled substance listed in
  804  Schedule II or Schedule III more than 14 days after the
  805  performance of the surgical procedure. For purposes of this
  806  subparagraph, the term “surgical procedure” means any procedure
  807  in any setting which involves, or reasonably should involve:
  808         a. Perioperative medication and sedation that allows the
  809  patient to tolerate unpleasant procedures while maintaining
  810  adequate cardiorespiratory function and the ability to respond
  811  purposefully to verbal or tactile stimulation and makes intra-
  812  and postoperative monitoring necessary; or
  813         b. The use of general anesthesia or major conduction
  814  anesthesia and preoperative sedation.
  815         4. The dispensing of a controlled substance listed in
  816  Schedule II or Schedule III pursuant to an approved clinical
  817  trial. For purposes of this subparagraph, the term “approved
  818  clinical trial” means a clinical research study or clinical
  819  investigation that, in whole or in part, is state or federally
  820  funded or is conducted under an investigational new drug
  821  application that is reviewed by the United States Food and Drug
  822  Administration.
  823         5. The dispensing of methadone in a facility licensed under
  824  s. 397.427 where medication-assisted treatment for opiate
  825  addiction is provided.
  826         6. The dispensing of a controlled substance listed in
  827  Schedule II or Schedule III to a patient of a facility licensed
  828  under part IV of chapter 400.
  829         (3) The department shall inspect any facility where a
  830  practitioner dispenses medicinal drugs pursuant to subsection
  831  (2) in the same manner and with the same frequency as it
  832  inspects pharmacies for the purpose of determining whether the
  833  practitioner is in compliance with all statutes and rules
  834  applicable to her or his dispensing practice.
  835         Section 15. Subsection (3) of section 466.0135, Florida
  836  Statutes, is amended to read:
  837         466.0135 Continuing education; dentists.—
  838         (3) A In applying for license renewal, the dentist shall
  839  complete submit a sworn affidavit, on a form acceptable to the
  840  department, attesting that she or he has completed the required
  841  continuing education as provided required in this section in
  842  accordance with the guidelines and provisions of this section
  843  and listing the date, location, sponsor, subject matter, and
  844  hours of completed continuing education courses. An The
  845  applicant shall retain in her or his records any such receipts,
  846  vouchers, or certificates as may be necessary to document
  847  completion of such the continuing education courses listed in
  848  accordance with this subsection. With cause, the board may
  849  request such documentation by the applicant, and the board may
  850  request such documentation from applicants selected at random
  851  without cause.
  852         Section 16. Section 466.014, Florida Statutes, is amended
  853  to read:
  854         466.014 Continuing education; dental hygienists.—In
  855  addition to the other requirements for relicensure for dental
  856  hygienists set out in this chapter act, the board shall require
  857  each licensed dental hygienist to complete at least not less
  858  than 24 hours but not or more than 36 hours of continuing
  859  professional education in dental subjects, biennially, in
  860  programs prescribed or approved by the board or in equivalent
  861  programs of continuing education. Programs of continuing
  862  education approved by the board are shall be programs of
  863  learning which, in the opinion of the board, contribute directly
  864  to the dental education of the dental hygienist. The board shall
  865  adopt rules and guidelines to administer and enforce the
  866  provisions of this section. In applying for license renewal, the
  867  dental hygienist shall submit a sworn affidavit, on a form
  868  acceptable to the department, attesting that she or he has
  869  completed the continuing education required in this section in
  870  accordance with the guidelines and provisions of this section
  871  and listing the date, location, sponsor, subject matter, and
  872  hours of completed continuing education courses. An The
  873  applicant shall retain in her or his records any such receipts,
  874  vouchers, or certificates as may be necessary to document
  875  completion of such the continuing education courses listed in
  876  accordance with this section. With cause, the board may request
  877  such documentation by the applicant, and the board may request
  878  such documentation from applicants selected at random without
  879  cause. Compliance with the continuing education requirements is
  880  shall be mandatory for issuance of the renewal certificate. The
  881  board may shall have the authority to excuse licensees, as a
  882  group or as individuals, from all or part of the continuing
  883  educational requirements if, or any part thereof, in the event
  884  an unusual circumstance, emergency, or hardship has prevented
  885  compliance with this section.
  886         Section 17. Subsection (5) of section 466.032, Florida
  887  Statutes, is amended to read:
  888         466.032 Registration.—
  889         (5) A The dental laboratory owner or at least one employee
  890  of any dental laboratory renewing registration on or after July
  891  1, 2010, shall complete 18 hours of continuing education
  892  biennially. Programs of continuing education must shall be
  893  programs of learning that contribute directly to the education
  894  of the dental technician and may include, but are not limited
  895  to, attendance at lectures, study clubs, college courses, or
  896  scientific sessions of conventions and research.
  897         (a) The aim of continuing education for dental technicians
  898  is to improve dental health care delivery to the public as such
  899  is impacted through the design, manufacture, and use of
  900  artificial human oral prosthetics and related restorative
  901  appliances.
  902         (b) Continuing education courses shall address one or more
  903  of the following areas of professional development, including,
  904  but not limited to:
  905         1. Laboratory and technological subjects, including, but
  906  not limited to, laboratory techniques and procedures, materials,
  907  and equipment; and
  908         2. Subjects pertinent to oral health, infection control,
  909  and safety.
  910         (c) Programs that meet meeting the general requirements of
  911  continuing education may be developed and offered to dental
  912  technicians by the Florida Dental Laboratory Association and the
  913  Florida Dental Association. Other organizations, schools, or
  914  agencies may also be approved to develop and offer continuing
  915  education in accordance with specific criteria established by
  916  the department.
  917         (d) Any dental laboratory renewing a registration on or
  918  after July 1, 2010, shall submit a sworn affidavit, on a form
  919  approved by the department, attesting that either the dental
  920  laboratory owner or one dental technician employed by the
  921  registered dental laboratory has completed the continuing
  922  education required in this subsection in accordance with the
  923  guidelines and provisions of this subsection and listing the
  924  date, location, sponsor, subject matter, and hours of completed
  925  continuing education courses. The dental laboratory shall retain
  926  in its records such receipts, vouchers, or certificates as may
  927  be necessary to document completion of the continuing education
  928  courses listed in accordance with this subsection. With cause,
  929  the department may request that the documentation be provided by
  930  the applicant. The department may also request the documentation
  931  from applicants selected at random without cause.
  932         (d)(e)1. This subsection does not apply to a dental
  933  laboratory that is physically located within a dental practice
  934  operated by a dentist licensed under this chapter.
  935         2. A dental laboratory in another state or country which
  936  provides service to a dentist licensed under this chapter is not
  937  required to register with the state and may continue to provide
  938  services to such dentist with a proper prescription. However, a
  939  dental laboratory in another state or country, however, may
  940  voluntarily comply with this subsection.
  941         Section 18. Section 468.1201, Florida Statutes, is
  942  repealed.
  943         Section 19. Paragraph (a) of subsection (3), subsections
  944  (4) and (5), paragraphs (a) and (e) of subsection (6), and
  945  subsection (7) of section 483.901, Florida Statutes, are
  946  amended, and paragraph (k) is added to subsection (6) of that
  947  section, to read:
  948         483.901 Medical physicists; definitions; licensure.—
  949         (3) DEFINITIONS.—As used in this section, the term:
  950         (a) “Council” means the Advisory Council of Medical
  951  Physicists in the Department of Health.
  952         (4) COUNCIL.—The Advisory Council of Medical Physicists is
  953  created in the Department of Health to advise the department in
  954  regulating the practice of medical physics in this state.
  955         (a) The council shall be composed of nine members appointed
  956  by the State Surgeon General as follows:
  957         1. A licensed medical physicist who specializes in
  958  diagnostic radiological physics.
  959         2. A licensed medical physicist who specializes in
  960  therapeutic radiological physics.
  961         3. A licensed medical physicist who specializes in medical
  962  nuclear radiological physics.
  963         4. A physician who is board certified by the American Board
  964  of Radiology or its equivalent.
  965         5. A physician who is board certified by the American
  966  Osteopathic Board of Radiology or its equivalent.
  967         6. A chiropractic physician who practices radiology.
  968         7. Three consumer members who are not, and have never been,
  969  licensed as a medical physicist or licensed in any closely
  970  related profession.
  971         (b) The State Surgeon General shall appoint the medical
  972  physicist members of the council from a list of candidates who
  973  are licensed to practice medical physics.
  974         (c) The State Surgeon General shall appoint the physician
  975  members of the council from a list of candidates who are
  976  licensed to practice medicine in this state and are board
  977  certified in diagnostic radiology, therapeutic radiology, or
  978  radiation oncology.
  979         (d) The State Surgeon General shall appoint the public
  980  members of the council.
  981         (e) As the term of each member expires, the State Surgeon
  982  General shall appoint the successor for a term of 4 years. A
  983  member shall serve until the member’s successor is appointed,
  984  unless physically unable to do so.
  985         (f) An individual is ineligible to serve more than two full
  986  consecutive 4-year terms.
  987         (g) If a vacancy on the council occurs, the State Surgeon
  988  General shall appoint a member to serve for a 4-year term.
  989         (h) A council member must be a United States citizen and
  990  must have been a resident of this state for 2 consecutive years
  991  immediately before being appointed.
  992         1. A member of the council who is a medical physicist must
  993  have practiced for at least 6 years before being appointed or be
  994  board certified for the specialty in which the member practices.
  995         2. A member of the council who is a physician must be
  996  licensed to practice medicine in this state and must have
  997  practiced diagnostic radiology or radiation oncology in this
  998  state for at least 2 years before being appointed.
  999         3. The public members of the council must not have a
 1000  financial interest in any endeavor related to the practice of
 1001  medical physics.
 1002         (i) A council member may be removed from the council if the
 1003  member:
 1004         1. Did not have the required qualifications at the time of
 1005  appointment;
 1006         2. Does not maintain the required qualifications while
 1007  serving on the council; or
 1008         3. Fails to attend the regularly scheduled council meetings
 1009  in a calendar year as required by s. 456.011.
 1010         (j) Members of the council may not receive compensation for
 1011  their services; however, they are entitled to reimbursement,
 1012  from funds deposited in the Medical Quality Assurance Trust
 1013  Fund, for necessary travel expenses as specified in s. 112.061
 1014  for each day they engage in the business of the council.
 1015         (k) At the first regularly scheduled meeting of each
 1016  calendar year, the council shall elect a presiding officer and
 1017  an assistant presiding officer from among its members. The
 1018  council shall meet at least once each year and at other times in
 1019  accordance with department requirements.
 1020         (l) The department shall provide administrative support to
 1021  the council for all licensing activities.
 1022         (m) The council may conduct its meetings electronically.
 1023         (5) POWERS OF COUNCIL.—The council shall:
 1024         (a) Recommend rules to administer this section.
 1025         (b) Recommend practice standards for the practice of
 1026  medical physics which are consistent with the Guidelines for
 1027  Ethical Practice for Medical Physicists prepared by the American
 1028  Association of Physicists in Medicine and disciplinary
 1029  guidelines adopted under s. 456.079.
 1030         (c) Develop and recommend continuing education requirements
 1031  for licensed medical physicists.
 1032         (4)(6) LICENSE REQUIRED.—An individual may not engage in
 1033  the practice of medical physics, including the specialties of
 1034  diagnostic radiological physics, therapeutic radiological
 1035  physics, medical nuclear radiological physics, or medical health
 1036  physics, without a license issued by the department for the
 1037  appropriate specialty.
 1038         (a) The department shall adopt rules to administer this
 1039  section which specify license application and renewal fees,
 1040  continuing education requirements, and standards for practicing
 1041  medical physics. The council shall recommend to the department
 1042  continuing education requirements that shall be a condition of
 1043  license renewal. The department shall require a minimum of 24
 1044  hours per biennium of continuing education offered by an
 1045  organization recommended by the council and approved by the
 1046  department. The department, upon recommendation of the council,
 1047  may adopt rules to specify continuing education requirements for
 1048  persons who hold a license in more than one specialty.
 1049         (e) Upon On receipt of an application and fee as specified
 1050  in this section, the department may issue a license to practice
 1051  medical physics in this state on or after October 1, 1997, to a
 1052  person who is board certified in the medical physics specialty
 1053  in which the applicant applies to practice by the American Board
 1054  of Radiology for diagnostic radiological physics, therapeutic
 1055  radiological physics, or medical nuclear radiological physics;
 1056  by the American Board of Medical Physics for diagnostic
 1057  radiological physics, therapeutic radiological physics, or
 1058  medical nuclear radiological physics; or by the American Board
 1059  of Health Physics or an equivalent certifying body approved by
 1060  the department.
 1061         (k) Upon proof of a completed residency program and receipt
 1062  of the fee set forth by rule, the department may issue a
 1063  temporary license for no more than 1 year. The department may
 1064  adopt by rule requirements for temporary licensure and renewal
 1065  of temporary licenses.
 1066         (5)(7) FEES.—The fee for the initial license application
 1067  shall be $500 and is nonrefundable. The fee for license renewal
 1068  may not be more than $500. These fees may cover only the costs
 1069  incurred by the department and the council to administer this
 1070  section. By July 1 each year, the department shall determine
 1071  advise the council if the fees are insufficient to administer
 1072  this section.
 1073         Section 20. Subsection (2) of section 484.047, Florida
 1074  Statutes, is amended to read:
 1075         484.047 Renewal of license.—
 1076         (2) In addition to the other requirements for renewal
 1077  provided in this section and by the board, the department shall
 1078  renew a license upon receipt of the renewal application and, the
 1079  renewal fee, and a written statement affirming compliance with
 1080  all other requirements set forth in this section and by the
 1081  board. A licensee must maintain, if applicable, a certificate
 1082  from a manufacturer or independent testing agent certifying that
 1083  the testing room meets the requirements of s. 484.0501(6) and,
 1084  if applicable, a certificate from a manufacturer or independent
 1085  testing agent stating that all audiometric testing equipment
 1086  used by the licensee has been calibrated acoustically to
 1087  American National Standards Institute standards on an annual
 1088  basis acoustically to American National Standards Institute
 1089  standard specifications. Possession of any applicable
 1090  certificate is the certificates shall be a prerequisite to
 1091  renewal.
 1092         Section 21. Subsections (1) and (4) of section 486.109,
 1093  Florida Statutes, are amended to read:
 1094         486.109 Continuing education.—
 1095         (1) The board shall require licensees to periodically
 1096  demonstrate their professional competence as a condition of
 1097  renewal of a license by completing 24 hours of continuing
 1098  education biennially.
 1099         (4) Each licensee shall maintain be responsible for
 1100  maintaining sufficient records in a format as determined by rule
 1101  which shall be subject to a random audit by the department to
 1102  demonstrate assure compliance with this section.
 1103         Section 22. Paragraph (e) of subsection (1) of section
 1104  458.331, Florida Statutes, is amended to read:
 1105         458.331 Grounds for disciplinary action; action by the
 1106  board and department.—
 1107         (1) The following acts constitute grounds for denial of a
 1108  license or disciplinary action, as specified in s. 456.072(2):
 1109         (e) Failing to report to the department any person who the
 1110  licensee knows is in violation of this chapter or of the rules
 1111  of the department or the board. A treatment provider approved
 1112  pursuant to s. 456.076 shall provide the department or
 1113  consultant with information in accordance with the requirements
 1114  of s. 456.076(5), (6), (7), (8), and (10) s. 456.076(4), (5),
 1115  (6), (7), and (9).
 1116         Section 23. Paragraph (e) of subsection (1) of section
 1117  459.015, Florida Statutes, is amended to read:
 1118         459.015 Grounds for disciplinary action; action by the
 1119  board and department.—
 1120         (1) The following acts constitute grounds for denial of a
 1121  license or disciplinary action, as specified in s. 456.072(2):
 1122         (e) Failing to report to the department or the department’s
 1123  impaired professional consultant any person who the licensee or
 1124  certificateholder knows is in violation of this chapter or of
 1125  the rules of the department or the board. A treatment provider,
 1126  approved pursuant to s. 456.076, shall provide the department or
 1127  consultant with information in accordance with the requirements
 1128  of s. 456.076(5), (6), (7), (8), and (10) s. 456.076(4), (5),
 1129  (6), (7), and (9).
 1130         Section 24. Paragraph (a) of subsection (15) of section
 1131  499.028, Florida Statutes, is amended to read:
 1132         499.028 Drug samples or complimentary drugs; starter packs;
 1133  permits to distribute.—
 1134         (15) A person may not possess a prescription drug sample
 1135  unless:
 1136         (a) The drug sample was prescribed to her or him as
 1137  evidenced by the label required in s. 465.0276(4) s.
 1138  465.0276(5).
 1139         Section 25. Paragraph (g) of subsection (3) of section
 1140  921.0022, Florida Statutes, is amended to read:
 1141         921.0022 Criminal Punishment Code; offense severity ranking
 1142  chart.—
 1143         (3) OFFENSE SEVERITY RANKING CHART
 1144         (g) LEVEL 7
 1145  
 1146  FloridaStatute           FelonyDegree         Description         
 1147  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 1148  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 1149  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1150  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 1151  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1152  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 1153  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 1154  456.065(2)                    3rd     Practicing a health care profession without a license.
 1155  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 1156  458.327(1)                    3rd     Practicing medicine without a license.
 1157  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 1158  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 1159  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 1160  462.17                        3rd     Practicing naturopathy without a license.
 1161  463.015(1)                    3rd     Practicing optometry without a license.
 1162  464.016(1)                    3rd     Practicing nursing without a license.
 1163  465.015(2)                    3rd     Practicing pharmacy without a license.
 1164  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 1165  467.201                       3rd     Practicing midwifery without a license.
 1166  468.366                       3rd     Delivering respiratory care services without a license.
 1167  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 1168  483.901(7) 483.901(9)         3rd     Practicing medical physics without a license.
 1169  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 1170  484.053                       3rd     Dispensing hearing aids without a license.
 1171  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1172  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1173  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1174  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1175  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1176  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 1177  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1178  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1179  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1180  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1181  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1182  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1183  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 1184  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 1185  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 1186  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 1187  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 1188  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 1189  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 1190  784.081(1)                    1st     Aggravated battery on specified official or employee.
 1191  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 1192  784.083(1)                    1st     Aggravated battery on code inspector.
 1193  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 1194  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 1195  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1196  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 1197  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 1198  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1199  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1200  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1201  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1202  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1203  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 1204  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 1205  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1206  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 1207  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 1208  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 1209  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 1210  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1211  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 1212  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 1213  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1214  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1215  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 1216  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 1217  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 1218  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1219  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 1220  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 1221  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 1222  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 1223  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 1224  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 1225  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1226  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 1227  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1228  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 1229  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 1230  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 1231  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 1232  838.015                       2nd     Bribery.                    
 1233  838.016                       2nd     Unlawful compensation or reward for official behavior.
 1234  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 1235  838.22                        2nd     Bid tampering.              
 1236  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 1237  843.0855(3)                   3rd     Unlawful simulation of legal process.
 1238  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 1239  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1240  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 1241  872.06                        2nd     Abuse of a dead human body. 
 1242  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1243  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1244  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1245  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1246  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1247  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1248  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1249  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1250  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1251  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1252  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1253  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1254  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1255  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1256  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1257  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1258  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1259  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1260  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1261  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 1262  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 1263  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1264  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1265  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1266  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 1267  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1268  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1269  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 1270  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1271  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1272  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1273  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1274  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1275  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1276         Section 26. This act shall take effect July 1, 2016.