Florida Senate - 2016 SB 918
By Senator Richter
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.
102 Be It Enacted by the Legislature of the State of Florida:
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
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
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.
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
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;
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
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
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.
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,
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
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
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
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
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
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
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
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 F urthermore, t he 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
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
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.—
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
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 even t
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
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
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
1004 1. Did not have the required qualifications at the time of
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
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
1136 (a) The drug sample was prescribed to her or him as
1137 evidenced by the label required in s. 465.0276(4) s.
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
1143 (3) OFFENSE SEVERITY RANKING CHART
1144 (g) LEVEL 7
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.