Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1578
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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
20 468.931 Legislative 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.
31 468.932 Definitions.—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.
45 468.933 Requirements 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.
75 468.934 Fees.—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.
85 468.935 Prohibited 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.