Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1594
       
       
       
       
       
       
                                Ì114824&Î114824                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/08/2018 10:09 AM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 51
    4  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 or
    9  registered under chapter 457; chapter 458; chapter 459; chapter
   10  460; chapter 461; chapter 462; chapter 463; chapter 464; chapter
   11  465; chapter 466; chapter 467; part I, part II, part III, part
   12  V, 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 findings and 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, 2019.
   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 the
   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  proof of licensure as a health care practitioner as defined in
   62  s. 456.001.
   63         (2)The department shall renew a registration under this
   64  section upon receipt of a renewal application and biennial
   65  renewal fee from a registrant. The department shall adopt rules
   66  establishing procedures for biennial renewal of registrations
   67  under this section.
   68         468.934Fees.—The department shall establish by rule the
   69  following fees to be paid by a person seeking registration or
   70  registration renewal as a diabetes educator. The fees must be
   71  adequate to implement and administer this part:
   72         (1)A nonrefundable application fee, which may not exceed
   73  $100.
   74         (2)An initial registration fee, which may not exceed $100.
   75         (3)A biennial renewal fee, which may not exceed $80.
   76         (4)A fee for reactivation of an inactive registration,
   77  which may not exceed $135.
   78         468.935Prohibited acts; exemptions.—
   79         (1)A person may not provide diabetes self-management
   80  training, or represent himself or herself as being a diabetes
   81  educator, unless he or she is registered pursuant to this part.
   82         (2)This section does not prohibit or restrict:
   83         (a)An emergency medical technician or paramedic licensed
   84  under chapter 401 or a health care practitioner as defined in s.
   85  456.001 from engaging in, or practicing within, the scope of the
   86  occupation or profession for which he or she is licensed.
   87         (b)A person employed by the Federal Government or any
   88  bureau, division, or agency of the Federal Government from
   89  discharging his or her official duties.
   90         (3)The department may take disciplinary action pursuant to
   91  s. 456.072 against an applicant or registrant and may deny,
   92  revoke, or suspend registration or registration renewal for a
   93  violation of this section.
   94         (4)The department may adopt rules to implement and
   95  administer this section.
   96  
   97  ================= T I T L E  A M E N D M E N T ================
   98  And the title is amended as follows:
   99         Delete line 2
  100  and insert:
  101         An act relating to health care practitioners; amending
  102         s. 456.001, F.S.; redefining the term “health care
  103         practitioner” to include diabetes educators; creating
  104         part XVII of ch. 468, F.S., entitled “Diabetes
  105         Educators”; providing legislative findings and intent;
  106         requiring implementation by a specified date; defining
  107         terms; providing requirements for registration as a
  108         diabetes educator; requiring the Department of Health
  109         to renew a registration under certain circumstances;
  110         requiring the department to adopt rules for biennial
  111         renewal of registrations; requiring the department to
  112         establish specified fees; prohibiting an unregistered
  113         person from certain activities relating to diabetes
  114         self-management training; providing exemptions;
  115         authorizing the department to take disciplinary action
  116         against an applicant or registrant for specified
  117         violations; authorizing rulemaking; amending s.
  118         464.003, F.S.;