Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1578
       
       
       
       
       
       
                                Ì123346'Î123346                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Health Policy (Gibson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 456.001, Florida
    6  Statutes, is amended to read:
    7         456.001 Definitions.—As used in this chapter, the term:
    8         (4) “Health care practitioner” means any person licensed
    9  under chapter 457; chapter 458; chapter 459; chapter 460;
   10  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
   11  chapter 466; chapter 467; part I, part II, part III, part V,
   12  part X, part XIII, or part XIV, or part XVII of chapter 468;
   13  chapter 478; chapter 480; part III or part IV of chapter 483;
   14  chapter 484; chapter 486; chapter 490; or chapter 491.
   15         Section 2. Part XVII of chapter 468, Florida Statutes,
   16  consisting of sections 468.931 through 468.935, Florida
   17  Statutes, is created to read:
   18                              PART XVII                            
   19                         DIABETES EDUCATORS                        
   20         468.931Legislative intent; implementation.—
   21         (1) The Legislature finds that the provision of diabetes
   22  self-management training by unregistered and incompetent
   23  practitioners presents a danger to the public health and safety.
   24  Therefore, it is the intent of the Legislature to prohibit
   25  diabetes educators who fall below minimum competency standards
   26  or who otherwise present a danger to the public health and
   27  safety from providing diabetes self-management training in this
   28  state.
   29         (2) The Department of Health must implement the provisions
   30  of this part by July 1, 2018.
   31         468.932Definitions.—As used in this part, the term:
   32         (1)“Department” means the Department of Health.
   33         (2)“Diabetes educator” means a health care practitioner
   34  registered under this part who has demonstrated a comprehensive
   35  knowledge of and experience in prediabetes, diabetes prevention,
   36  and diabetes education and who provides diabetes self-management
   37  training.
   38         (3)“Diabetes self-management training” means the
   39  assessment and development of a plan of care for a person with
   40  diabetes through a collaborative process through which such
   41  person gains the knowledge and skills necessary to modify
   42  behavior and successfully self-manage the disease as provided
   43  for in the national standards published by the American Diabetes
   44  Association.
   45         468.933Requirements for registration; registration
   46  renewal.—
   47         (1)The department shall issue a registration to an
   48  applicant who has submitted to the department:
   49         (a)A completed application in a form prescribed by the
   50  department.
   51         (b)A registration fee, pursuant to s. 468.934.
   52         (c)1.Proof of certification as a Certified Diabetes
   53  Educator by the National Certification Board for Diabetes
   54  Educators or certification in Board Certified—Advanced Diabetes
   55  Management by the American Association of Diabetes Educators; or
   56         2.Proof of completion of at least 250 practice hours of
   57  diabetes education, of which at least 100 practice hours are
   58  earned in the calendar year immediately preceding application,
   59  and proof of passing the registration examination administered
   60  by the National Certification Board for Diabetes Educators; and
   61         a.Proof of licensure under chapter 456, chapter 458,
   62  chapter 459, chapter 461, chapter 463, chapter 464, chapter 465,
   63  chapter 466, part III or part X of this chapter, chapter 483,
   64  part I of chapter 484, chapter 486, chapter 490, or s. 491.0145;
   65         b.Proof of certification as a clinical exercise
   66  physiologist or Registered Clinical Exercise Physiologist by the
   67  American College of Sports Medicine; or
   68         c.Proof of a master’s degree or higher in social work from
   69  an accredited United States college or university.
   70         (2)The department shall renew a registration under this
   71  section upon receipt of a renewal application and biennial
   72  renewal fee from a registrant. The department shall adopt rules
   73  establishing a procedure for the biennial renewal of
   74  registrations under this section.
   75         468.934Fees.—The department shall establish, by rule, the
   76  following fees to be paid by a person seeking registration or
   77  registration renewal as a diabetes educator, which must be
   78  adequate to implement and administer this part:
   79         (1)A nonrefundable application fee, which may not exceed
   80  $100.
   81         (2)An initial registration fee, which may not exceed $100.
   82         (3)A biennial renewal fee, which may not exceed $80.
   83         (4)A fee for reactivation of an inactive registration,
   84  which may not exceed $135.
   85         468.935Prohibited acts; exemptions.—
   86         (1)A person may not provide diabetes self-management
   87  training, or represent himself or herself as being a diabetes
   88  educator, unless he or she is registered pursuant to this part.
   89         (2)This section does not prohibit or restrict:
   90         (a)A person licensed under chapter 456, chapter 458,
   91  chapter 459, chapter 461, chapter 463, part I of chapter 464,
   92  chapter 465, chapter 466, part III or part X of this chapter,
   93  chapter 483, part I of chapter 484, chapter 486, or chapter 490
   94  from engaging in the profession or occupation for which he or
   95  she is licensed.
   96         (b)A person employed by the federal government or any
   97  bureau, division, or agency of the federal government from
   98  discharging his or her official duties.
   99         (3)The department may take disciplinary action pursuant to
  100  s. 456.072 against an applicant or registrant and may deny,
  101  revoke, or suspend registration or registration renewal for a
  102  violation of this section.
  103         (4)The department may adopt rules to implement and
  104  administer this section.
  105         Section 3. This act shall take effect July 1, 2017.
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete everything before the enacting clause
  110  and insert:
  111                        A bill to be entitled                      
  112         An act relating to diabetes educators; amending s.
  113         456.001, F.S.; redefining the term “health care
  114         practitioner” to include diabetes educators; creating
  115         part XVII of ch. 468, F.S., entitled “Diabetes
  116         Educators”; providing legislative findings and intent;
  117         requiring implementation by a specified date;
  118         providing definitions; providing requirements for
  119         registration as a diabetes educator; requiring the
  120         Department of Health to renew a registration under
  121         certain circumstances; requiring the department to
  122         adopt rules for biennial renewal of registrations;
  123         requiring the department to establish specified fees;
  124         prohibiting an unregistered person from certain
  125         activities relating to diabetes self-management
  126         training; providing exemptions; authorizing the
  127         department to take disciplinary action against an
  128         applicant or registrant for specified violations;
  129         authorizing rulemaking; providing an effective date.