Florida Senate - 2018                                    SB 1594
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01080A-18                                          20181594__
    1                        A bill to be entitled                      
    2         An act relating to nursing; amending s. 464.003, F.S.;
    3         defining the term “advanced practice registered
    4         nurse”; deleting the terms “advanced registered nurse
    5         practitioner” and “clinical nurse specialist,” to
    6         conform to changes made by the act; repealing s.
    7         464.0115, F.S., relating to the certification of
    8         clinical nurse specialists; amending s. 464.012, F.S.;
    9         requiring any nurse desiring to be licensed as an
   10         advanced practice registered nurse to apply to the
   11         Department of Health, submit proof that he or she
   12         holds a current license to practice professional
   13         nursing, and meet one or more specified requirements
   14         as determined by the Board of Nursing; authorizing the
   15         board to adopt rules to provide for provisional state
   16         licensure of graduate registered nurse anesthetists,
   17         clinical nurse specialists, certified nurse
   18         practitioners, and certified nurse midwives for a
   19         specified period of time; conforming provisions to
   20         changes made by the act; amending s. 960.28, F.S.;
   21         conforming a cross-reference; amending ss. 39.303,
   22         39.304, 90.503, 110.12315, 121.0515, 252.515, 310.071,
   23         310.073, 310.081, 320.0848, 381.00315, 381.00593,
   24         383.14, 383.141, 390.0111, 390.012, 394.455, 395.0191,
   25         397.311, 397.4012, 397.427, 397.679, 397.6793,
   26         400.021, 400.462, 400.487, 400.506, 400.9973,
   27         400.9974, 400.9976, 400.9979, 401.445, 409.905,
   28         409.908, 409.973, 429.918, 456.0391, 456.0392,
   29         456.041, 456.048, 456.072, 456.44, 458.3265, 458.331,
   30         458.348, 459.0137, 459.015, 459.025, 464.003, 464.004,
   31         464.013, 464.015, 464.016, 464.018, 464.0205, 467.003,
   32         480.0475, 483.041, 483.801, 486.021, 490.012,
   33         491.0057, 491.012, 493.6108, 627.357, 627.6471,
   34         627.6472, 627.736, 633.412, 641.3923, 766.103,
   35         766.1115, 766.1116, 794.08, 893.02, 893.05, 943.13,
   36         948.03, 1002.20, 1002.42, 1006.062, 1009.65, 1009.66,
   37         and 1009.67, F.S.; conforming provisions to changes
   38         made by the act; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsections (3) and (6) of section 464.003,
   43  Florida Statutes are amended, and subsections (7) through (23)
   44  are redesignated as subsections (6) through (22), respectively,
   45  to read:
   46         464.003 Definitions.—As used in this part, the term:
   47         (3) “Advanced practice registered nurse” “Advanced
   48  registered nurse practitioner” means any person licensed in this
   49  state to practice professional nursing and licensed certified in
   50  advanced or specialized nursing practice, including certified
   51  registered nurse anesthetists, certified nurse midwives,
   52  clinical nurse specialists, and certified nurse practitioners.
   53         (6) “Clinical nurse specialist” means any person licensed
   54  in this state to practice professional nursing and certified in
   55  clinical nurse specialist practice.
   56         Section 2. Section 464.0115, Florida Statutes, is repealed.
   57         Section 3. Section 464.012, Florida Statutes, is amended to
   58  read:
   59         464.012 Licensure Certification of advanced practice
   60  registered nurses advanced registered nurse practitioners; fees;
   61  controlled substance prescribing.—
   62         (1) Any nurse desiring to be licensed certified as an
   63  advanced practice registered nurse must advanced registered
   64  nurse practitioner shall apply to the department and submit
   65  proof that he or she holds a current license to practice
   66  professional nursing and that he or she meets one or more of the
   67  following requirements as determined by the board:
   68         (a) Completion of a postbasic educational program.
   69  Satisfactory completion of a formal postbasic educational
   70  program of at least 1 academic year, the primary purpose of
   71  which is to prepare nurses for advanced or specialized practice.
   72         (b) Certification by an appropriate specialty board. Such
   73  certification shall be required for initial state licensure
   74  certification and any licensure renewal recertification as a
   75  certified registered nurse anesthetist, psychiatric nurse,
   76  certified nurse practitioner, clinical nurse specialist, or
   77  certified nurse midwife. The board may by rule provide for
   78  provisional state licensure certification of graduate registered
   79  nurse anesthetists, clinical nurse specialists, certified nurse
   80  practitioners, psychiatric nurses, and certified nurse midwives
   81  for a period of time determined to be appropriate for preparing
   82  for and passing the national certification examination.
   83         (c)(b) Graduation from a program leading to a master’s
   84  degree in a nursing clinical specialty area with preparation in
   85  specialized practitioner skills. For applicants graduating on or
   86  after October 1, 1998, graduation from a master’s degree program
   87  is shall be required for initial licensure certification as a
   88  certified nurse practitioner under paragraph (4)(c). For
   89  applicants graduating on or after October 1, 2001, graduation
   90  from a master’s degree program is shall be required for initial
   91  licensure certification as a certified registered nurse
   92  anesthetist under paragraph (4)(a). For applicants graduating on
   93  or after October 1, 1998, graduation from a master’s degree
   94  program is required for the initial licensure of a certified
   95  nurse midwife or clinical nurse specialist as an advanced
   96  practice registered nurse.
   97         (2) The board shall provide by rule the appropriate
   98  requirements for advanced practice registered nurses advanced
   99  registered nurse practitioners in the categories of certified
  100  registered nurse anesthetist, certified nurse midwife, and nurse
  101  practitioner.
  102         (3) An advanced practice registered nurse advanced
  103  registered nurse practitioner shall perform those functions
  104  authorized in this section within the framework of an
  105  established protocol, which must be maintained on site at the
  106  location or locations at which an advanced practice registered
  107  nurse advanced registered nurse practitioner practices. In the
  108  case of multiple supervising physicians in the same group, an
  109  advanced practice registered nurse advanced registered nurse
  110  practitioner must enter into a supervisory protocol with at
  111  least one physician within the physician group practice. A
  112  practitioner currently licensed under chapter 458, chapter 459,
  113  or chapter 466 shall maintain supervision for directing the
  114  specific course of medical treatment. Within the established
  115  framework, an advanced practice registered nurse advanced
  116  registered nurse practitioner may:
  117         (a) Prescribe, dispense, administer, or order any drug;
  118  however, an advanced practice registered nurse advanced
  119  registered nurse practitioner may prescribe or dispense a
  120  controlled substance as defined in s. 893.03 only if the
  121  advanced practice registered nurse advanced registered nurse
  122  practitioner has graduated from a program leading to a master’s
  123  or doctoral degree in a clinical nursing specialty area with
  124  training in specialized practitioner skills.
  125         (b) Initiate appropriate therapies for certain conditions.
  126         (c) Perform additional functions as may be determined by
  127  rule in accordance with s. 464.003(2).
  128         (d) Order diagnostic tests and physical and occupational
  129  therapy.
  130         (e) Order any medication for administration to a patient in
  131  a facility licensed under chapter 395 or part II of chapter 400,
  132  notwithstanding any provisions in chapter 465 or chapter 893.
  133         (4) In addition to the general functions specified in
  134  subsection (3), an advanced practice registered nurse advanced
  135  registered nurse practitioner may perform the following acts
  136  within his or her specialty:
  137         (a) The certified registered nurse anesthetist may, to the
  138  extent authorized by established protocol approved by the
  139  medical staff of the facility in which the anesthetic service is
  140  performed, perform any or all of the following:
  141         1. Determine the health status of the patient as it relates
  142  to the risk factors and to the anesthetic management of the
  143  patient through the performance of the general functions.
  144         2. Based on history, physical assessment, and supplemental
  145  laboratory results, determine, with the consent of the
  146  responsible physician, the appropriate type of anesthesia within
  147  the framework of the protocol.
  148         3. Order under the protocol preanesthetic medication.
  149         4. Perform under the protocol procedures commonly used to
  150  render the patient insensible to pain during the performance of
  151  surgical, obstetrical, therapeutic, or diagnostic clinical
  152  procedures. These procedures include ordering and administering
  153  regional, spinal, and general anesthesia; inhalation agents and
  154  techniques; intravenous agents and techniques; and techniques of
  155  hypnosis.
  156         5. Order or perform monitoring procedures indicated as
  157  pertinent to the anesthetic health care management of the
  158  patient.
  159         6. Support life functions during anesthesia health care,
  160  including induction and intubation procedures, the use of
  161  appropriate mechanical supportive devices, and the management of
  162  fluid, electrolyte, and blood component balances.
  163         7. Recognize and take appropriate corrective action for
  164  abnormal patient responses to anesthesia, adjunctive medication,
  165  or other forms of therapy.
  166         8. Recognize and treat a cardiac arrhythmia while the
  167  patient is under anesthetic care.
  168         9. Participate in management of the patient while in the
  169  postanesthesia recovery area, including ordering the
  170  administration of fluids and drugs.
  171         10. Place special peripheral and central venous and
  172  arterial lines for blood sampling and monitoring as appropriate.
  173         (b) The certified nurse midwife may, to the extent
  174  authorized by an established protocol which has been approved by
  175  the medical staff of the health care facility in which the
  176  midwifery services are performed, or approved by the nurse
  177  midwife’s physician backup when the delivery is performed in a
  178  patient’s home, perform any or all of the following:
  179         1. Perform superficial minor surgical procedures.
  180         2. Manage the patient during labor and delivery to include
  181  amniotomy, episiotomy, and repair.
  182         3. Order, initiate, and perform appropriate anesthetic
  183  procedures.
  184         4. Perform postpartum examination.
  185         5. Order appropriate medications.
  186         6. Provide family-planning services and well-woman care.
  187         7. Manage the medical care of the normal obstetrical
  188  patient and the initial care of a newborn patient.
  189         (c) The certified nurse practitioner may perform any or all
  190  of the following acts within the framework of established
  191  protocol:
  192         1. Manage selected medical problems.
  193         2. Order physical and occupational therapy.
  194         3. Initiate, monitor, or alter therapies for certain
  195  uncomplicated acute illnesses.
  196         4. Monitor and manage patients with stable chronic
  197  diseases.
  198         5. Establish behavioral problems and diagnosis and make
  199  treatment recommendations.
  200         (5) A psychiatric nurse, as defined in s. 394.455, within
  201  the framework of an established protocol with a psychiatrist,
  202  may prescribe psychotropic controlled substances for the
  203  treatment of mental disorders.
  204         (6) The board shall certify, and the department shall issue
  205  a certificate to, any nurse meeting the qualifications in this
  206  section. The board shall establish an application fee not to
  207  exceed $100 and a biennial renewal fee not to exceed $50. The
  208  board is authorized to adopt such other rules as are necessary
  209  to implement the provisions of this section.
  210         (7)(a) The board shall establish a committee to recommend a
  211  formulary of controlled substances that an advanced practice
  212  registered nurse advanced registered nurse practitioner may not
  213  prescribe or may prescribe only for specific uses or in limited
  214  quantities. The committee must consist of three advanced
  215  practice registered nurses advanced registered nurse
  216  practitioners licensed under this section, recommended by the
  217  board; three physicians licensed under chapter 458 or chapter
  218  459 who have work experience with advanced practice registered
  219  nurses advanced registered nurse practitioners, recommended by
  220  the Board of Medicine; and a pharmacist licensed under chapter
  221  465 who is a doctor of pharmacy, recommended by the Board of
  222  Pharmacy. The committee may recommend an evidence-based
  223  formulary applicable to all advanced practice registered nurses
  224  advanced registered nurse practitioners which is limited by
  225  specialty certification, is limited to approved uses of
  226  controlled substances, or is subject to other similar
  227  restrictions the committee finds are necessary to protect the
  228  health, safety, and welfare of the public. The formulary must
  229  restrict the prescribing of psychiatric mental health controlled
  230  substances for children younger than 18 years of age to advanced
  231  practice registered nurses advanced registered nurse
  232  practitioners who also are psychiatric nurses as defined in s.
  233  394.455. The formulary must also limit the prescribing of
  234  Schedule II controlled substances as listed in s. 893.03 to a 7
  235  day supply, except that such restriction does not apply to
  236  controlled substances that are psychiatric medications
  237  prescribed by psychiatric nurses as defined in s. 394.455.
  238         (b) The board shall adopt by rule the recommended formulary
  239  and any revision to the formulary which it finds is supported by
  240  evidence-based clinical findings presented by the Board of
  241  Medicine, the Board of Osteopathic Medicine, or the Board of
  242  Dentistry.
  243         (c) The formulary required under this subsection does not
  244  apply to a controlled substance that is dispensed for
  245  administration pursuant to an order, including an order for
  246  medication authorized by subparagraph (4)(a)3., subparagraph
  247  (4)(a)4., or subparagraph (4)(a)9.
  248         (d) The board shall adopt the committee’s initial
  249  recommendation no later than October 31, 2016.
  250         (8) This section shall be known as “The Barbara Lumpkin
  251  Prescribing Act.”
  252         Section 4. Section 3 of chapter 2017-134, Laws of Florida,
  253  is amended to read:
  254         Section 3. Effective December 31, 2018, or upon enactment
  255  of the Nurse Licensure Compact into law by 26 states, whichever
  256  occurs first, subsection (1) of section 464.012, Florida
  257  Statutes, as amended by section 8 of chapter 2016-139, section
  258  12 of chapter 2016-224, and section 7 of chapter 2016-231, Laws
  259  of Florida, is amended to read:
  260         464.012 Licensure Certification of advanced practice
  261  registered nurses advanced registered nurse practitioners; fees;
  262  controlled substance prescribing.—
  263         (1) Any nurse desiring to be licensed certified as an
  264  advanced practice registered nurse must advanced registered
  265  nurse practitioner shall apply to the department and submit
  266  proof that he or she holds a current license to practice
  267  professional nursing or holds an active multistate license to
  268  practice professional nursing pursuant to s. 464.0095, and that
  269  he or she meets one or more of the following requirements as
  270  determined by the board:
  271         (a) Completion of a postbasic educational program.
  272  Satisfactory completion of a formal postbasic educational
  273  program of at least 1 academic year, the primary purpose of
  274  which is to prepare nurses for advanced or specialized practice.
  275         (b) Certification by an appropriate specialty board. Such
  276  certification shall be required for initial state licensure
  277  certification and any licensure renewal recertification as a
  278  certified registered nurse anesthetist, psychiatric nurse,
  279  certified nurse practitioner, clinical nurse specialist, or
  280  certified nurse midwife. The board shall may by rule provide for
  281  provisional state licensure certification of graduate registered
  282  nurse anesthetists, clinical nurse specialist, certified nurse
  283  practitioners, psychiatric nurses, and certified nurse midwives
  284  for a period of time determined to be appropriate for preparing
  285  for and passing the national certification examination.
  286         (c)(b) Graduation from a program leading to a master’s
  287  degree in a nursing clinical specialty area with preparation in
  288  specialized practitioner skills. For applicants graduating on or
  289  after October 1, 1998, graduation from a master’s degree program
  290  is shall be required for initial licensure certification as a
  291  certified nurse practitioner under paragraph (4)(c). For
  292  applicants graduating on or after October 1, 2001, graduation
  293  from a master’s degree program is shall be required for initial
  294  licensure certification as a certified registered nurse
  295  anesthetist under paragraph (4)(a). For applicants graduating on
  296  or after October 1, 1998, graduation from a master’s degree
  297  program is required for the initial licensure of a certified
  298  nurse midwife or clinical nurse specialist as an advanced
  299  practice registered nurse.
  300         Section 5. Subsection (2) of section 960.28, Florida
  301  Statutes, is amended to read:
  302         960.28 Payment for victims’ initial forensic physical
  303  examinations.—
  304         (2) The Crime Victims’ Services Office of the department
  305  shall pay for medical expenses connected with an initial
  306  forensic physical examination of a victim of sexual battery as
  307  defined in chapter 794 or a lewd or lascivious offense as
  308  defined in chapter 800. Such payment shall be made regardless of
  309  whether the victim is covered by health or disability insurance
  310  and whether the victim participates in the criminal justice
  311  system or cooperates with law enforcement. The payment shall be
  312  made only out of moneys allocated to the Crime Victims’ Services
  313  Office for the purposes of this section, and the payment may not
  314  exceed $500 with respect to any violation. The department shall
  315  develop and maintain separate protocols for the initial forensic
  316  physical examination of adults and children. Payment under this
  317  section is limited to medical expenses connected with the
  318  initial forensic physical examination, and payment may be made
  319  to a medical provider using an examiner qualified under part I
  320  of chapter 464, excluding s. 464.003(15) s. 464.003(16); chapter
  321  458; or chapter 459. Payment made to the medical provider by the
  322  department shall be considered by the provider as payment in
  323  full for the initial forensic physical examination associated
  324  with the collection of evidence. The victim may not be required
  325  to pay, directly or indirectly, the cost of an initial forensic
  326  physical examination performed in accordance with this section.
  327         Section 6. Paragraph (c) of subsection (5) and paragraph
  328  (a) of subsection (6) of section 39.303, Florida Statutes, are
  329  amended to read:
  330         39.303 Child protection teams and sexual abuse treatment
  331  programs; services; eligible cases.—
  332         (5) All abuse and neglect cases transmitted for
  333  investigation to a circuit by the hotline must be simultaneously
  334  transmitted to the child protection team for review. For the
  335  purpose of determining whether a face-to-face medical evaluation
  336  by a child protection team is necessary, all cases transmitted
  337  to the child protection team which meet the criteria in
  338  subsection (4) must be timely reviewed by:
  339         (c) An advanced practice registered nurse advanced
  340  registered nurse practitioner licensed under chapter 464 who has
  341  a specialty in pediatrics or family medicine and is a member of
  342  a child protection team;
  343         (6) A face-to-face medical evaluation by a child protection
  344  team is not necessary when:
  345         (a) The child was examined for the alleged abuse or neglect
  346  by a physician who is not a member of the child protection team,
  347  and a consultation between the child protection team medical
  348  director or a child protection team board-certified
  349  pediatrician, advanced practice registered nurse advanced
  350  registered nurse practitioner, physician assistant working under
  351  the supervision of a child protection team medical director or a
  352  child protection team board-certified pediatrician, or
  353  registered nurse working under the direct supervision of a child
  354  protection team medical director or a child protection team
  355  board-certified pediatrician, and the examining physician
  356  concludes that a further medical evaluation is unnecessary;
  357  
  358  Notwithstanding paragraphs (a), (b), and (c), a child protection
  359  team medical director or a child protection team pediatrician,
  360  as authorized in subsection (5), may determine that a face-to
  361  face medical evaluation is necessary.
  362         Section 7. Paragraph (b) of subsection (1) of section
  363  39.304, Florida Statutes, is amended to read:
  364         39.304 Photographs, medical examinations, X rays, and
  365  medical treatment of abused, abandoned, or neglected child.—
  366         (1)
  367         (b) If the areas of trauma visible on a child indicate a
  368  need for a medical examination, or if the child verbally
  369  complains or otherwise exhibits distress as a result of injury
  370  through suspected child abuse, abandonment, or neglect, or is
  371  alleged to have been sexually abused, the person required to
  372  investigate may cause the child to be referred for diagnosis to
  373  a licensed physician or an emergency department in a hospital
  374  without the consent of the child’s parents or legal custodian.
  375  Such examination may be performed by any licensed physician or
  376  an advanced practice registered nurse advanced registered nurse
  377  practitioner licensed pursuant to part I of chapter 464. Any
  378  licensed physician, or advanced practice registered nurse
  379  advanced registered nurse practitioner licensed pursuant to part
  380  I of chapter 464, who has reasonable cause to suspect that an
  381  injury was the result of child abuse, abandonment, or neglect
  382  may authorize a radiological examination to be performed on the
  383  child without the consent of the child’s parent or legal
  384  custodian.
  385         Section 8. Paragraph (a) of subsection (1) of section
  386  90.503, Florida Statutes, is amended to read:
  387         90.503 Psychotherapist-patient privilege.—
  388         (1) For purposes of this section:
  389         (a) A “psychotherapist” is:
  390         1. A person authorized to practice medicine in any state or
  391  nation, or reasonably believed by the patient so to be, who is
  392  engaged in the diagnosis or treatment of a mental or emotional
  393  condition, including alcoholism and other drug addiction;
  394         2. A person licensed or certified as a psychologist under
  395  the laws of any state or nation, who is engaged primarily in the
  396  diagnosis or treatment of a mental or emotional condition,
  397  including alcoholism and other drug addiction;
  398         3. A person licensed or certified as a clinical social
  399  worker, marriage and family therapist, or mental health
  400  counselor under the laws of this state, who is engaged primarily
  401  in the diagnosis or treatment of a mental or emotional
  402  condition, including alcoholism and other drug addiction;
  403         4. Treatment personnel of facilities licensed by the state
  404  pursuant to chapter 394, chapter 395, or chapter 397, of
  405  facilities designated by the Department of Children and Families
  406  pursuant to chapter 394 as treatment facilities, or of
  407  facilities defined as community mental health centers pursuant
  408  to s. 394.907(1), who are engaged primarily in the diagnosis or
  409  treatment of a mental or emotional condition, including
  410  alcoholism and other drug addiction; or
  411         5. An advanced practice registered nurse advanced
  412  registered nurse practitioner certified under s. 464.012, whose
  413  primary scope of practice is the diagnosis or treatment of
  414  mental or emotional conditions, including chemical abuse, and
  415  limited only to actions performed in accordance with part I of
  416  chapter 464.
  417         Section 9. Paragraph (d) of subsection (2) of section
  418  110.12315, Florida Statutes, is amended to read:
  419         110.12315 Prescription drug program.—The state employees’
  420  prescription drug program is established. This program shall be
  421  administered by the Department of Management Services, according
  422  to the terms and conditions of the plan as established by the
  423  relevant provisions of the annual General Appropriations Act and
  424  implementing legislation, subject to the following conditions:
  425         (2) In providing for reimbursement of pharmacies for
  426  prescription drugs and supplies dispensed to members of the
  427  state group health insurance plan and their dependents under the
  428  state employees’ prescription drug program:
  429         (d) The department shall establish the reimbursement
  430  schedule for prescription drugs and supplies dispensed under the
  431  program. Reimbursement rates for a prescription drug or supply
  432  must be based on the cost of the generic equivalent drug or
  433  supply if a generic equivalent exists, unless the physician,
  434  advanced practice registered nurse advanced registered nurse
  435  practitioner, or physician assistant prescribing the drug or
  436  supply clearly states on the prescription that the brand name
  437  drug or supply is medically necessary or that the drug or supply
  438  is included on the formulary of drugs and supplies that may not
  439  be interchanged as provided in chapter 465, in which case
  440  reimbursement must be based on the cost of the brand name drug
  441  or supply as specified in the reimbursement schedule adopted by
  442  the department.
  443         Section 10. Paragraph (f) of subsection (3) of section
  444  121.0515, Florida Statutes, is amended to read:
  445         121.0515 Special Risk Class.—
  446         (3) CRITERIA.—A member, to be designated as a special risk
  447  member, must meet the following criteria:
  448         (f) Effective January 1, 2001, the member must be employed
  449  in one of the following classes and must spend at least 75
  450  percent of his or her time performing duties which involve
  451  contact with patients or inmates in a correctional or forensic
  452  facility or institution:
  453         1. Dietitian (class codes 5203 and 5204);
  454         2. Public health nutrition consultant (class code 5224);
  455         3. Psychological specialist (class codes 5230 and 5231);
  456         4. Psychologist (class code 5234);
  457         5. Senior psychologist (class codes 5237 and 5238);
  458         6. Regional mental health consultant (class code 5240);
  459         7. Psychological Services Director—DCF (class code 5242);
  460         8. Pharmacist (class codes 5245 and 5246);
  461         9. Senior pharmacist (class codes 5248 and 5249);
  462         10. Dentist (class code 5266);
  463         11. Senior dentist (class code 5269);
  464         12. Registered nurse (class codes 5290 and 5291);
  465         13. Senior registered nurse (class codes 5292 and 5293);
  466         14. Registered nurse specialist (class codes 5294 and
  467  5295);
  468         15. Clinical associate (class codes 5298 and 5299);
  469         16. Advanced practice registered nurse Advanced registered
  470  nurse practitioner (class codes 5297 and 5300);
  471         17. Advanced practice registered nurse Advanced registered
  472  nurse practitioner specialist (class codes 5304 and 5305);
  473         18. Registered nurse supervisor (class codes 5306 and
  474  5307);
  475         19. Senior registered nurse supervisor (class codes 5308
  476  and 5309);
  477         20. Registered nursing consultant (class codes 5312 and
  478  5313);
  479         21. Quality management program supervisor (class code
  480  5314);
  481         22. Executive nursing director (class codes 5320 and 5321);
  482         23. Speech and hearing therapist (class code 5406); or
  483         24. Pharmacy manager (class code 5251);
  484         Section 11. Paragraph (a) of subsection (3) of section
  485  252.515, Florida Statutes, is amended to read:
  486         252.515 Postdisaster Relief Assistance Act; immunity from
  487  civil liability.—
  488         (3) As used in this section, the term:
  489         (a) “Emergency first responder” means:
  490         1. A physician licensed under chapter 458.
  491         2. An osteopathic physician licensed under chapter 459.
  492         3. A chiropractic physician licensed under chapter 460.
  493         4. A podiatric physician licensed under chapter 461.
  494         5. A dentist licensed under chapter 466.
  495         6. An advanced practice registered nurse advanced
  496  registered nurse practitioner certified under s. 464.012.
  497         7. A physician assistant licensed under s. 458.347 or s.
  498  459.022.
  499         8. A worker employed by a public or private hospital in the
  500  state.
  501         9. A paramedic as defined in s. 401.23(17).
  502         10. An emergency medical technician as defined in s.
  503  401.23(11).
  504         11. A firefighter as defined in s. 633.102.
  505         12. A law enforcement officer as defined in s. 943.10.
  506         13. A member of the Florida National Guard.
  507         14. Any other personnel designated as emergency personnel
  508  by the Governor pursuant to a declared emergency.
  509         Section 12. Paragraph (c) of subsection (1) of section
  510  310.071, Florida Statutes, is amended to read:
  511         310.071 Deputy pilot certification.—
  512         (1) In addition to meeting other requirements specified in
  513  this chapter, each applicant for certification as a deputy pilot
  514  must:
  515         (c) Be in good physical and mental health, as evidenced by
  516  documentary proof of having satisfactorily passed a complete
  517  physical examination administered by a licensed physician within
  518  the preceding 6 months. The board shall adopt rules to establish
  519  requirements for passing the physical examination, which rules
  520  shall establish minimum standards for the physical or mental
  521  capabilities necessary to carry out the professional duties of a
  522  certificated deputy pilot. Such standards shall include zero
  523  tolerance for any controlled substance regulated under chapter
  524  893 unless that individual is under the care of a physician, an
  525  advanced practice registered nurse advanced registered nurse
  526  practitioner, or a physician assistant and that controlled
  527  substance was prescribed by that physician, advanced practice
  528  registered nurse advanced registered nurse practitioner, or
  529  physician assistant. To maintain eligibility as a certificated
  530  deputy pilot, each certificated deputy pilot must annually
  531  provide documentary proof of having satisfactorily passed a
  532  complete physical examination administered by a licensed
  533  physician. The physician must know the minimum standards and
  534  certify that the certificateholder satisfactorily meets the
  535  standards. The standards for certificateholders shall include a
  536  drug test.
  537         Section 13. Subsection (3) of section 310.073, Florida
  538  Statutes, is amended to read:
  539         310.073 State pilot licensing.—In addition to meeting other
  540  requirements specified in this chapter, each applicant for
  541  license as a state pilot must:
  542         (3) Be in good physical and mental health, as evidenced by
  543  documentary proof of having satisfactorily passed a complete
  544  physical examination administered by a licensed physician within
  545  the preceding 6 months. The board shall adopt rules to establish
  546  requirements for passing the physical examination, which rules
  547  shall establish minimum standards for the physical or mental
  548  capabilities necessary to carry out the professional duties of a
  549  licensed state pilot. Such standards shall include zero
  550  tolerance for any controlled substance regulated under chapter
  551  893 unless that individual is under the care of a physician, an
  552  advanced practice registered nurse advanced registered nurse
  553  practitioner, or a physician assistant and that controlled
  554  substance was prescribed by that physician, advanced practice
  555  registered nurse advanced registered nurse practitioner, or
  556  physician assistant. To maintain eligibility as a licensed state
  557  pilot, each licensed state pilot must annually provide
  558  documentary proof of having satisfactorily passed a complete
  559  physical examination administered by a licensed physician. The
  560  physician must know the minimum standards and certify that the
  561  licensee satisfactorily meets the standards. The standards for
  562  licensees shall include a drug test.
  563         Section 14. Paragraph (b) of subsection (3) of section
  564  310.081, Florida Statutes, is amended to read:
  565         310.081 Department to examine and license state pilots and
  566  certificate deputy pilots; vacancies.—
  567         (3) Pilots shall hold their licenses or certificates
  568  pursuant to the requirements of this chapter so long as they:
  569         (b) Are in good physical and mental health as evidenced by
  570  documentary proof of having satisfactorily passed a physical
  571  examination administered by a licensed physician or physician
  572  assistant within each calendar year. The board shall adopt rules
  573  to establish requirements for passing the physical examination,
  574  which rules shall establish minimum standards for the physical
  575  or mental capabilities necessary to carry out the professional
  576  duties of a licensed state pilot or a certificated deputy pilot.
  577  Such standards shall include zero tolerance for any controlled
  578  substance regulated under chapter 893 unless that individual is
  579  under the care of a physician, an advanced practice registered
  580  nurse advanced registered nurse practitioner, or a physician
  581  assistant and that controlled substance was prescribed by that
  582  physician, advanced practice registered nurse advanced
  583  registered nurse practitioner, or physician assistant. To
  584  maintain eligibility as a certificated deputy pilot or licensed
  585  state pilot, each certificated deputy pilot or licensed state
  586  pilot must annually provide documentary proof of having
  587  satisfactorily passed a complete physical examination
  588  administered by a licensed physician. The physician must know
  589  the minimum standards and certify that the certificateholder or
  590  licensee satisfactorily meets the standards. The standards for
  591  certificateholders and for licensees shall include a drug test.
  592  
  593  Upon resignation or in the case of disability permanently
  594  affecting a pilot’s ability to serve, the state license or
  595  certificate issued under this chapter shall be revoked by the
  596  department.
  597         Section 15. Paragraph (b) of subsection (1) of section
  598  320.0848, Florida Statutes, is amended to read:
  599         320.0848 Persons who have disabilities; issuance of
  600  disabled parking permits; temporary permits; permits for certain
  601  providers of transportation services to persons who have
  602  disabilities.—
  603         (1)
  604         (b)1. The person must be currently certified as being
  605  legally blind or as having any of the following disabilities
  606  that render him or her unable to walk 200 feet without stopping
  607  to rest:
  608         a. Inability to walk without the use of or assistance from
  609  a brace, cane, crutch, prosthetic device, or other assistive
  610  device, or without the assistance of another person. If the
  611  assistive device significantly restores the person’s ability to
  612  walk to the extent that the person can walk without severe
  613  limitation, the person is not eligible for the exemption parking
  614  permit.
  615         b. The need to permanently use a wheelchair.
  616         c. Restriction by lung disease to the extent that the
  617  person’s forced (respiratory) expiratory volume for 1 second,
  618  when measured by spirometry, is less than 1 liter, or the
  619  person’s arterial oxygen is less than 60 mm/hg on room air at
  620  rest.
  621         d. Use of portable oxygen.
  622         e. Restriction by cardiac condition to the extent that the
  623  person’s functional limitations are classified in severity as
  624  Class III or Class IV according to standards set by the American
  625  Heart Association.
  626         f. Severe limitation in the person’s ability to walk due to
  627  an arthritic, neurological, or orthopedic condition.
  628         2. The certification of disability which is required under
  629  subparagraph 1. must be provided by a physician licensed under
  630  chapter 458, chapter 459, or chapter 460, by a podiatric
  631  physician licensed under chapter 461, by an optometrist licensed
  632  under chapter 463, by an advanced practice registered nurse
  633  advanced registered nurse practitioner licensed under chapter
  634  464 under the protocol of a licensed physician as stated in this
  635  subparagraph, by a physician assistant licensed under chapter
  636  458 or chapter 459, or by a similarly licensed physician from
  637  another state if the application is accompanied by documentation
  638  of the physician’s licensure in the other state and a form
  639  signed by the out-of-state physician verifying his or her
  640  knowledge of this state’s eligibility guidelines.
  641         Section 16. Paragraph (c) of subsection (1) of section
  642  381.00315, Florida Statutes, is amended to read:
  643         381.00315 Public health advisories; public health
  644  emergencies; isolation and quarantines.—The State Health Officer
  645  is responsible for declaring public health emergencies, issuing
  646  public health advisories, and ordering isolation or quarantines.
  647         (1) As used in this section, the term:
  648         (c) “Public health emergency” means any occurrence, or
  649  threat thereof, whether natural or manmade, which results or may
  650  result in substantial injury or harm to the public health from
  651  infectious disease, chemical agents, nuclear agents, biological
  652  toxins, or situations involving mass casualties or natural
  653  disasters. Before declaring a public health emergency, the State
  654  Health Officer shall, to the extent possible, consult with the
  655  Governor and shall notify the Chief of Domestic Security. The
  656  declaration of a public health emergency shall continue until
  657  the State Health Officer finds that the threat or danger has
  658  been dealt with to the extent that the emergency conditions no
  659  longer exist and he or she terminates the declaration. However,
  660  a declaration of a public health emergency may not continue for
  661  longer than 60 days unless the Governor concurs in the renewal
  662  of the declaration. The State Health Officer, upon declaration
  663  of a public health emergency, may take actions that are
  664  necessary to protect the public health. Such actions include,
  665  but are not limited to:
  666         1. Directing manufacturers of prescription drugs or over
  667  the-counter drugs who are permitted under chapter 499 and
  668  wholesalers of prescription drugs located in this state who are
  669  permitted under chapter 499 to give priority to the shipping of
  670  specified drugs to pharmacies and health care providers within
  671  geographic areas that have been identified by the State Health
  672  Officer. The State Health Officer must identify the drugs to be
  673  shipped. Manufacturers and wholesalers located in the state must
  674  respond to the State Health Officer’s priority shipping
  675  directive before shipping the specified drugs.
  676         2. Notwithstanding chapters 465 and 499 and rules adopted
  677  thereunder, directing pharmacists employed by the department to
  678  compound bulk prescription drugs and provide these bulk
  679  prescription drugs to physicians and nurses of county health
  680  departments or any qualified person authorized by the State
  681  Health Officer for administration to persons as part of a
  682  prophylactic or treatment regimen.
  683         3. Notwithstanding s. 456.036, temporarily reactivating the
  684  inactive license of the following health care practitioners,
  685  when such practitioners are needed to respond to the public
  686  health emergency: physicians licensed under chapter 458 or
  687  chapter 459; physician assistants licensed under chapter 458 or
  688  chapter 459; licensed practical nurses, registered nurses, and
  689  advanced practice registered nurses advanced registered nurse
  690  practitioners licensed under part I of chapter 464; respiratory
  691  therapists licensed under part V of chapter 468; and emergency
  692  medical technicians and paramedics certified under part III of
  693  chapter 401. Only those health care practitioners specified in
  694  this paragraph who possess an unencumbered inactive license and
  695  who request that such license be reactivated are eligible for
  696  reactivation. An inactive license that is reactivated under this
  697  paragraph shall return to inactive status when the public health
  698  emergency ends or before the end of the public health emergency
  699  if the State Health Officer determines that the health care
  700  practitioner is no longer needed to provide services during the
  701  public health emergency. Such licenses may only be reactivated
  702  for a period not to exceed 90 days without meeting the
  703  requirements of s. 456.036 or chapter 401, as applicable.
  704         4. Ordering an individual to be examined, tested,
  705  vaccinated, treated, isolated, or quarantined for communicable
  706  diseases that have significant morbidity or mortality and
  707  present a severe danger to public health. Individuals who are
  708  unable or unwilling to be examined, tested, vaccinated, or
  709  treated for reasons of health, religion, or conscience may be
  710  subjected to isolation or quarantine.
  711         a. Examination, testing, vaccination, or treatment may be
  712  performed by any qualified person authorized by the State Health
  713  Officer.
  714         b. If the individual poses a danger to the public health,
  715  the State Health Officer may subject the individual to isolation
  716  or quarantine. If there is no practical method to isolate or
  717  quarantine the individual, the State Health Officer may use any
  718  means necessary to vaccinate or treat the individual.
  719  
  720  Any order of the State Health Officer given to effectuate this
  721  paragraph shall be immediately enforceable by a law enforcement
  722  officer under s. 381.0012.
  723         Section 17. Subsection (3) of section 381.00593, Florida
  724  Statutes, is amended to read:
  725         381.00593 Public school volunteer health care practitioner
  726  program.—
  727         (3) For purposes of this section, the term “health care
  728  practitioner” means a physician licensed under chapter 458; an
  729  osteopathic physician licensed under chapter 459; a chiropractic
  730  physician licensed under chapter 460; a podiatric physician
  731  licensed under chapter 461; an optometrist licensed under
  732  chapter 463; an advanced practice registered nurse advanced
  733  registered nurse practitioner, registered nurse, or licensed
  734  practical nurse licensed under part I of chapter 464; a
  735  pharmacist licensed under chapter 465; a dentist or dental
  736  hygienist licensed under chapter 466; a midwife licensed under
  737  chapter 467; a speech-language pathologist or audiologist
  738  licensed under part I of chapter 468; a dietitian/nutritionist
  739  licensed under part X of chapter 468; or a physical therapist
  740  licensed under chapter 486.
  741         Section 18. Paragraph (c) of subsection (1) of section
  742  383.14, Florida Statutes, is amended to read:
  743         383.14 Screening for metabolic disorders, other hereditary
  744  and congenital disorders, and environmental risk factors.—
  745         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  746  maternal and child health care system, the Department of Health
  747  shall promote the screening of all newborns born in Florida for
  748  metabolic, hereditary, and congenital disorders known to result
  749  in significant impairment of health or intellect, as screening
  750  programs accepted by current medical practice become available
  751  and practical in the judgment of the department. The department
  752  shall also promote the identification and screening of all
  753  newborns in this state and their families for environmental risk
  754  factors such as low income, poor education, maternal and family
  755  stress, emotional instability, substance abuse, and other high
  756  risk conditions associated with increased risk of infant
  757  mortality and morbidity to provide early intervention,
  758  remediation, and prevention services, including, but not limited
  759  to, parent support and training programs, home visitation, and
  760  case management. Identification, perinatal screening, and
  761  intervention efforts shall begin prior to and immediately
  762  following the birth of the child by the attending health care
  763  provider. Such efforts shall be conducted in hospitals,
  764  perinatal centers, county health departments, school health
  765  programs that provide prenatal care, and birthing centers, and
  766  reported to the Office of Vital Statistics.
  767         (c) Release of screening results.—Notwithstanding any law
  768  to the contrary, the State Public Health Laboratory may release,
  769  directly or through the Children’s Medical Services program, the
  770  results of a newborn’s hearing and metabolic tests or screenings
  771  to the newborn’s health care practitioner, the newborn’s parent
  772  or legal guardian, the newborn’s personal representative, or a
  773  person designated by the newborn’s parent or legal guardian. As
  774  used in this paragraph, the term “health care practitioner”
  775  means a physician or physician assistant licensed under chapter
  776  458; an osteopathic physician or physician assistant licensed
  777  under chapter 459; an advanced practice registered nurse
  778  advanced registered nurse practitioner, registered nurse, or
  779  licensed practical nurse licensed under part I of chapter 464; a
  780  midwife licensed under chapter 467; a speech-language
  781  pathologist or audiologist licensed under part I of chapter 468;
  782  or a dietician or nutritionist licensed under part X of chapter
  783  468.
  784         Section 19. Paragraph (c) of subsection (1) of section
  785  383.141, Florida Statutes, is amended to read:
  786         383.141 Prenatally diagnosed conditions; patient to be
  787  provided information; definitions; information clearinghouse;
  788  advisory council.—
  789         (1) As used in this section, the term:
  790         (c) “Health care provider” means a practitioner licensed or
  791  registered under chapter 458 or chapter 459 or an advanced
  792  practice registered nurse advanced registered nurse practitioner
  793  certified under chapter 464.
  794         Section 20. Paragraph (a) of subsection (3) of section
  795  390.0111, Florida Statutes, is amended to read:
  796         390.0111 Termination of pregnancies.—
  797         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
  798  be performed or induced except with the voluntary and informed
  799  written consent of the pregnant woman or, in the case of a
  800  mental incompetent, the voluntary and informed written consent
  801  of her court-appointed guardian.
  802         (a) Except in the case of a medical emergency, consent to a
  803  termination of pregnancy is voluntary and informed only if:
  804         1. The physician who is to perform the procedure, or the
  805  referring physician, has, at a minimum, orally, while physically
  806  present in the same room, and at least 24 hours before the
  807  procedure, informed the woman of:
  808         a. The nature and risks of undergoing or not undergoing the
  809  proposed procedure that a reasonable patient would consider
  810  material to making a knowing and willful decision of whether to
  811  terminate a pregnancy.
  812         b. The probable gestational age of the fetus, verified by
  813  an ultrasound, at the time the termination of pregnancy is to be
  814  performed.
  815         (I) The ultrasound must be performed by the physician who
  816  is to perform the abortion or by a person having documented
  817  evidence that he or she has completed a course in the operation
  818  of ultrasound equipment as prescribed by rule and who is working
  819  in conjunction with the physician.
  820         (II) The person performing the ultrasound must offer the
  821  woman the opportunity to view the live ultrasound images and
  822  hear an explanation of them. If the woman accepts the
  823  opportunity to view the images and hear the explanation, a
  824  physician or a registered nurse, licensed practical nurse,
  825  advanced practice registered nurse advanced registered nurse
  826  practitioner, or physician assistant working in conjunction with
  827  the physician must contemporaneously review and explain the
  828  images to the woman before the woman gives informed consent to
  829  having an abortion procedure performed.
  830         (III) The woman has a right to decline to view and hear the
  831  explanation of the live ultrasound images after she is informed
  832  of her right and offered an opportunity to view the images and
  833  hear the explanation. If the woman declines, the woman shall
  834  complete a form acknowledging that she was offered an
  835  opportunity to view and hear the explanation of the images but
  836  that she declined that opportunity. The form must also indicate
  837  that the woman’s decision was not based on any undue influence
  838  from any person to discourage her from viewing the images or
  839  hearing the explanation and that she declined of her own free
  840  will.
  841         (IV) Unless requested by the woman, the person performing
  842  the ultrasound may not offer the opportunity to view the images
  843  and hear the explanation and the explanation may not be given
  844  if, at the time the woman schedules or arrives for her
  845  appointment to obtain an abortion, a copy of a restraining
  846  order, police report, medical record, or other court order or
  847  documentation is presented which provides evidence that the
  848  woman is obtaining the abortion because the woman is a victim of
  849  rape, incest, domestic violence, or human trafficking or that
  850  the woman has been diagnosed as having a condition that, on the
  851  basis of a physician’s good faith clinical judgment, would
  852  create a serious risk of substantial and irreversible impairment
  853  of a major bodily function if the woman delayed terminating her
  854  pregnancy.
  855         c. The medical risks to the woman and fetus of carrying the
  856  pregnancy to term.
  857  
  858  The physician may provide the information required in this
  859  subparagraph within 24 hours before the procedure if requested
  860  by the woman at the time she schedules or arrives for her
  861  appointment to obtain an abortion and if she presents to the
  862  physician a copy of a restraining order, police report, medical
  863  record, or other court order or documentation evidencing that
  864  she is obtaining the abortion because she is a victim of rape,
  865  incest, domestic violence, or human trafficking.
  866         2. Printed materials prepared and provided by the
  867  department have been provided to the pregnant woman, if she
  868  chooses to view these materials, including:
  869         a. A description of the fetus, including a description of
  870  the various stages of development.
  871         b. A list of entities that offer alternatives to
  872  terminating the pregnancy.
  873         c. Detailed information on the availability of medical
  874  assistance benefits for prenatal care, childbirth, and neonatal
  875  care.
  876         3. The woman acknowledges in writing, before the
  877  termination of pregnancy, that the information required to be
  878  provided under this subsection has been provided.
  879  
  880  Nothing in this paragraph is intended to prohibit a physician
  881  from providing any additional information which the physician
  882  deems material to the woman’s informed decision to terminate her
  883  pregnancy.
  884         Section 21. Paragraphs (c), (e), and (f) of subsection (3)
  885  of section 390.012, Florida Statutes, are amended to read:
  886         390.012 Powers of agency; rules; disposal of fetal
  887  remains.—
  888         (3) For clinics that perform or claim to perform abortions
  889  after the first trimester of pregnancy, the agency shall adopt
  890  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  891  provisions of this chapter, including the following:
  892         (c) Rules relating to abortion clinic personnel. At a
  893  minimum, these rules shall require that:
  894         1. The abortion clinic designate a medical director who is
  895  licensed to practice medicine in this state, and all physicians
  896  who perform abortions in the clinic have admitting privileges at
  897  a hospital within reasonable proximity to the clinic, unless the
  898  clinic has a written patient transfer agreement with a hospital
  899  within reasonable proximity to the clinic which includes the
  900  transfer of the patient’s medical records held by both the
  901  clinic and the treating physician.
  902         2. If a physician is not present after an abortion is
  903  performed, a registered nurse, licensed practical nurse,
  904  advanced practice registered nurse advanced registered nurse
  905  practitioner, or physician assistant be present and remain at
  906  the clinic to provide postoperative monitoring and care until
  907  the patient is discharged.
  908         3. Surgical assistants receive training in counseling,
  909  patient advocacy, and the specific responsibilities associated
  910  with the services the surgical assistants provide.
  911         4. Volunteers receive training in the specific
  912  responsibilities associated with the services the volunteers
  913  provide, including counseling and patient advocacy as provided
  914  in the rules adopted by the director for different types of
  915  volunteers based on their responsibilities.
  916         (e) Rules relating to the abortion procedure. At a minimum,
  917  these rules shall require:
  918         1. That a physician, registered nurse, licensed practical
  919  nurse, advanced practice registered nurse advanced registered
  920  nurse practitioner, or physician assistant is available to all
  921  patients throughout the abortion procedure.
  922         2. Standards for the safe conduct of abortion procedures
  923  that conform to obstetric standards in keeping with established
  924  standards of care regarding the estimation of fetal age as
  925  defined in rule.
  926         3. Appropriate use of general and local anesthesia,
  927  analgesia, and sedation if ordered by the physician.
  928         4. Appropriate precautions, such as the establishment of
  929  intravenous access at least for patients undergoing post-first
  930  trimester abortions.
  931         5. Appropriate monitoring of the vital signs and other
  932  defined signs and markers of the patient’s status throughout the
  933  abortion procedure and during the recovery period until the
  934  patient’s condition is deemed to be stable in the recovery room.
  935         (f) Rules that prescribe minimum recovery room standards.
  936  At a minimum, these rules must require that:
  937         1. Postprocedure recovery rooms be supervised and staffed
  938  to meet the patients’ needs.
  939         2. Immediate postprocedure care consist of observation in a
  940  supervised recovery room for as long as the patient’s condition
  941  warrants.
  942         3. A registered nurse, licensed practical nurse, advanced
  943  practice registered nurse advanced registered nurse
  944  practitioner, or physician assistant who is trained in the
  945  management of the recovery area and is capable of providing
  946  basic cardiopulmonary resuscitation and related emergency
  947  procedures remain on the premises of the abortion clinic until
  948  all patients are discharged.
  949         4. A physician sign the discharge order and be readily
  950  accessible and available until the last patient is discharged to
  951  facilitate the transfer of emergency cases if hospitalization of
  952  the patient or viable fetus is necessary.
  953         5. A physician discuss Rho(D) immune globulin with each
  954  patient for whom it is indicated and ensure that it is offered
  955  to the patient in the immediate postoperative period or will be
  956  available to her within 72 hours after completion of the
  957  abortion procedure. If the patient refuses the Rho(D) immune
  958  globulin, she and a witness must sign a refusal form approved by
  959  the agency which must be included in the medical record.
  960         6. Written instructions with regard to postabortion coitus,
  961  signs of possible problems, and general aftercare which are
  962  specific to the patient be given to each patient. The
  963  instructions must include information regarding access to
  964  medical care for complications, including a telephone number for
  965  use in the event of a medical emergency.
  966         7. A minimum length of time be specified, by type of
  967  abortion procedure and duration of gestation, during which a
  968  patient must remain in the recovery room.
  969         8. The physician ensure that, with the patient’s consent, a
  970  registered nurse, licensed practical nurse, advanced practice
  971  registered nurse advanced registered nurse practitioner, or
  972  physician assistant from the abortion clinic makes a good faith
  973  effort to contact the patient by telephone within 24 hours after
  974  surgery to assess the patient’s recovery.
  975         9. Equipment and services be readily accessible to provide
  976  appropriate emergency resuscitative and life support procedures
  977  pending the transfer of the patient or viable fetus to the
  978  hospital.
  979         Section 22. Subsections (35) and (44) of section 394.455,
  980  Florida Statutes, are amended to read:
  981         394.455 Definitions.—As used in this part, the term:
  982         (35) “Psychiatric nurse” means an advanced practice
  983  registered nurse advanced registered nurse practitioner
  984  certified under s. 464.012 who has a master’s or doctoral degree
  985  in psychiatric nursing, holds a national advanced practice
  986  certification as a psychiatric mental health advanced practice
  987  nurse, and has 2 years of post-master’s clinical experience
  988  under the supervision of a physician.
  989         (44) “Service provider” means a receiving facility, a
  990  facility licensed under chapter 397, a treatment facility, an
  991  entity under contract with the department to provide mental
  992  health or substance abuse services, a community mental health
  993  center or clinic, a psychologist, a clinical social worker, a
  994  marriage and family therapist, a mental health counselor, a
  995  physician, a psychiatrist, an advanced practice registered nurse
  996  advanced registered nurse practitioner, a psychiatric nurse, or
  997  a qualified professional as defined in s. 39.01.
  998         Section 23. Paragraphs (a) and (b) of subsection (2) and
  999  subsection (4) of section 395.0191, Florida Statutes, are
 1000  amended to read:
 1001         395.0191 Staff membership and clinical privileges.—
 1002         (2)(a) Each licensed facility shall establish rules and
 1003  procedures for consideration of an application for clinical
 1004  privileges submitted by an advanced practice registered nurse
 1005  advanced registered nurse practitioner licensed and certified
 1006  under part I of chapter 464, in accordance with the provisions
 1007  of this section. No licensed facility shall deny such
 1008  application solely because the applicant is licensed under part
 1009  I of chapter 464 or because the applicant is not a participant
 1010  in the Florida Birth-Related Neurological Injury Compensation
 1011  Plan.
 1012         (b) An advanced practice registered nurse advanced
 1013  registered nurse practitioner who is certified as a registered
 1014  nurse anesthetist licensed under part I of chapter 464 shall
 1015  administer anesthesia under the onsite medical direction of a
 1016  professional licensed under chapter 458, chapter 459, or chapter
 1017  466, and in accordance with an established protocol approved by
 1018  the medical staff. The medical direction shall specifically
 1019  address the needs of the individual patient.
 1020         (4) Nothing herein shall restrict in any way the authority
 1021  of the medical staff of a licensed facility to review for
 1022  approval or disapproval all applications for appointment and
 1023  reappointment to all categories of staff and to make
 1024  recommendations on each applicant to the governing board,
 1025  including the delineation of privileges to be granted in each
 1026  case. In making such recommendations and in the delineation of
 1027  privileges, each applicant shall be considered individually
 1028  pursuant to criteria for a doctor licensed under chapter 458,
 1029  chapter 459, chapter 461, or chapter 466, or for an advanced
 1030  practice registered nurse advanced registered nurse practitioner
 1031  licensed and certified under part I of chapter 464, or for a
 1032  psychologist licensed under chapter 490, as applicable. The
 1033  applicant’s eligibility for staff membership or clinical
 1034  privileges shall be determined by the applicant’s background,
 1035  experience, health, training, and demonstrated competency; the
 1036  applicant’s adherence to applicable professional ethics; the
 1037  applicant’s reputation; and the applicant’s ability to work with
 1038  others and by such other elements as determined by the governing
 1039  board, consistent with this part.
 1040         Section 24. Subsection (34) of section 397.311, Florida
 1041  Statutes, is amended to read:
 1042         397.311 Definitions.—As used in this chapter, except part
 1043  VIII, the term:
 1044         (34) “Qualified professional” means a physician or a
 1045  physician assistant licensed under chapter 458 or chapter 459; a
 1046  professional licensed under chapter 490 or chapter 491; an
 1047  advanced practice registered nurse advanced registered nurse
 1048  practitioner licensed under part I of chapter 464; or a person
 1049  who is certified through a department-recognized certification
 1050  process for substance abuse treatment services and who holds, at
 1051  a minimum, a bachelor’s degree. A person who is certified in
 1052  substance abuse treatment services by a state-recognized
 1053  certification process in another state at the time of employment
 1054  with a licensed substance abuse provider in this state may
 1055  perform the functions of a qualified professional as defined in
 1056  this chapter but must meet certification requirements contained
 1057  in this subsection no later than 1 year after his or her date of
 1058  employment.
 1059         Section 25. Section 397.4012, Florida Statutes, is amended
 1060  to read:
 1061         397.4012 Exemptions from licensure.—The following are
 1062  exempt from the licensing provisions of this chapter:
 1063         (1) A hospital or hospital-based component licensed under
 1064  chapter 395.
 1065         (2) A nursing home facility as defined in s. 400.021.
 1066         (3) A substance abuse education program established
 1067  pursuant to s. 1003.42.
 1068         (4) A facility or institution operated by the Federal
 1069  Government.
 1070         (5) A physician or physician assistant licensed under
 1071  chapter 458 or chapter 459.
 1072         (6) A psychologist licensed under chapter 490.
 1073         (7) A social worker, marriage and family therapist, or
 1074  mental health counselor licensed under chapter 491.
 1075         (8) A legally cognizable church or nonprofit religious
 1076  organization or denomination providing substance abuse services,
 1077  including prevention services, which are solely religious,
 1078  spiritual, or ecclesiastical in nature. A church or nonprofit
 1079  religious organization or denomination providing any of the
 1080  licensed service components itemized under s. 397.311(26) is not
 1081  exempt from substance abuse licensure but retains its exemption
 1082  with respect to all services which are solely religious,
 1083  spiritual, or ecclesiastical in nature.
 1084         (9) Facilities licensed under chapter 393 which, in
 1085  addition to providing services to persons with developmental
 1086  disabilities, also provide services to persons developmentally
 1087  at risk as a consequence of exposure to alcohol or other legal
 1088  or illegal drugs while in utero.
 1089         (10) DUI education and screening services provided pursuant
 1090  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
 1091  or entities providing treatment services must be licensed under
 1092  this chapter unless exempted from licensing as provided in this
 1093  section.
 1094         (11) A facility licensed under s. 394.875 as a crisis
 1095  stabilization unit.
 1096  
 1097  The exemptions from licensure in this section do not apply to
 1098  any service provider that receives an appropriation, grant, or
 1099  contract from the state to operate as a service provider as
 1100  defined in this chapter or to any substance abuse program
 1101  regulated pursuant to s. 397.4014. Furthermore, this chapter may
 1102  not be construed to limit the practice of a physician or
 1103  physician assistant licensed under chapter 458 or chapter 459, a
 1104  psychologist licensed under chapter 490, a psychotherapist
 1105  licensed under chapter 491, or an advanced practice registered
 1106  nurse advanced registered nurse practitioner licensed under part
 1107  I of chapter 464, who provides substance abuse treatment, so
 1108  long as the physician, physician assistant, psychologist,
 1109  psychotherapist, or advanced practice registered nurse advanced
 1110  registered nurse practitioner does not represent to the public
 1111  that he or she is a licensed service provider and does not
 1112  provide services to individuals pursuant to part V of this
 1113  chapter. Failure to comply with any requirement necessary to
 1114  maintain an exempt status under this section is a misdemeanor of
 1115  the first degree, punishable as provided in s. 775.082 or s.
 1116  775.083.
 1117         Section 26. Subsections (4), (7), and (8) of section
 1118  397.427, Florida Statutes, are amended to read:
 1119         397.427 Medication-assisted treatment service providers;
 1120  rehabilitation program; needs assessment and provision of
 1121  services; persons authorized to issue takeout medication;
 1122  unlawful operation; penalty.—
 1123         (4) Notwithstanding s. 465.019(2), a physician assistant, a
 1124  registered nurse, an advanced practice registered nurse advanced
 1125  registered nurse practitioner, or a licensed practical nurse
 1126  working for a licensed service provider may deliver takeout
 1127  medication for opiate treatment to persons enrolled in a
 1128  maintenance treatment program for medication-assisted treatment
 1129  for opiate addiction if:
 1130         (a) The medication-assisted treatment program for opiate
 1131  addiction has an appropriate valid permit issued pursuant to
 1132  rules adopted by the Board of Pharmacy;
 1133         (b) The medication for treatment of opiate addiction has
 1134  been delivered pursuant to a valid prescription written by the
 1135  program’s physician licensed pursuant to chapter 458 or chapter
 1136  459;
 1137         (c) The medication for treatment of opiate addiction which
 1138  is ordered appears on a formulary and is prepackaged and
 1139  prelabeled with dosage instructions and distributed from a
 1140  source authorized under chapter 499;
 1141         (d) Each licensed provider adopts written protocols which
 1142  provide for supervision of the physician assistant, registered
 1143  nurse, advanced practice registered nurse advanced registered
 1144  nurse practitioner, or licensed practical nurse by a physician
 1145  licensed pursuant to chapter 458 or chapter 459 and for the
 1146  procedures by which patients’ medications may be delivered by
 1147  the physician assistant, registered nurse, advanced practice
 1148  registered nurse advanced registered nurse practitioner, or
 1149  licensed practical nurse. Such protocols shall be signed by the
 1150  supervising physician and either the administering registered
 1151  nurse, the advanced practice registered nurse advanced
 1152  registered nurse practitioner, or the licensed practical nurse.
 1153         (e) Each licensed service provider maintains and has
 1154  available for inspection by representatives of the Board of
 1155  Pharmacy all medical records and patient care protocols,
 1156  including records of medications delivered to patients, in
 1157  accordance with the board.
 1158         (7) A physician assistant, a registered nurse, an advanced
 1159  practice registered nurse advanced registered nurse
 1160  practitioner, or a licensed practical nurse working for a
 1161  licensed service provider may deliver medication as prescribed
 1162  by rule if:
 1163         (a) The service provider is authorized to provide
 1164  medication-assisted treatment;
 1165         (b) The medication has been administered pursuant to a
 1166  valid prescription written by the program’s physician who is
 1167  licensed under chapter 458 or chapter 459; and
 1168         (c) The medication ordered appears on a formulary or meets
 1169  federal requirements for medication-assisted treatment.
 1170         (8) Each licensed service provider that provides
 1171  medication-assisted treatment must adopt written protocols as
 1172  specified by the department and in accordance with federally
 1173  required rules, regulations, or procedures. The protocol shall
 1174  provide for the supervision of the physician assistant,
 1175  registered nurse, advanced practice registered nurse advanced
 1176  registered nurse practitioner, or licensed practical nurse
 1177  working under the supervision of a physician who is licensed
 1178  under chapter 458 or chapter 459. The protocol must specify how
 1179  the medication will be used in conjunction with counseling or
 1180  psychosocial treatment and that the services provided will be
 1181  included on the treatment plan. The protocol must specify the
 1182  procedures by which medication-assisted treatment may be
 1183  administered by the physician assistant, registered nurse,
 1184  advanced practice registered nurse advanced registered nurse
 1185  practitioner, or licensed practical nurse. These protocols shall
 1186  be signed by the supervising physician and the administering
 1187  physician assistant, registered nurse, advanced practice
 1188  registered nurse advanced registered nurse practitioner, or
 1189  licensed practical nurse.
 1190         Section 27. Section 397.679, Florida Statutes, is amended
 1191  to read:
 1192         397.679 Emergency admission; circumstances justifying.—A
 1193  person who meets the criteria for involuntary admission in s.
 1194  397.675 may be admitted to a hospital or to a licensed
 1195  detoxification facility or addictions receiving facility for
 1196  emergency assessment and stabilization, or to a less intensive
 1197  component of a licensed service provider for assessment only,
 1198  upon receipt by the facility of a certificate by a physician, an
 1199  advanced practice registered nurse advanced registered nurse
 1200  practitioner, a psychiatric nurse, a clinical psychologist, a
 1201  clinical social worker, a marriage and family therapist, a
 1202  mental health counselor, a physician assistant working under the
 1203  scope of practice of the supervising physician, or a master’s
 1204  level-certified addictions professional for substance abuse
 1205  services, if the certificate is specific to substance abuse
 1206  impairment, and the completion of an application for emergency
 1207  admission.
 1208         Section 28. Subsection (1) of section 397.6793, Florida
 1209  Statutes, is amended to read:
 1210         397.6793 Professional’s certificate for emergency
 1211  admission.—
 1212         (1) A physician, a clinical psychologist, a physician
 1213  assistant working under the scope of practice of the supervising
 1214  physician, a psychiatric nurse, an advanced practice registered
 1215  nurse advanced registered nurse practitioner, a mental health
 1216  counselor, a marriage and family therapist, a master’s-level
 1217  certified addictions professional for substance abuse services,
 1218  or a clinical social worker may execute a professional’s
 1219  certificate for emergency admission. The professional’s
 1220  certificate must include the name of the person to be admitted,
 1221  the relationship between the person and the professional
 1222  executing the certificate, the relationship between the
 1223  applicant and the professional, any relationship between the
 1224  professional and the licensed service provider, a statement that
 1225  the person has been examined and assessed within the preceding 5
 1226  days after the application date, and factual allegations with
 1227  respect to the need for emergency admission, including:
 1228         (a) The reason for the belief that the person is substance
 1229  abuse impaired;
 1230         (b) The reason for the belief that because of such
 1231  impairment the person has lost the power of self-control with
 1232  respect to substance abuse; and
 1233         (c)1. The reason for the belief that, without care or
 1234  treatment, the person is likely to suffer from neglect or refuse
 1235  to care for himself or herself; that such neglect or refusal
 1236  poses a real and present threat of substantial harm to his or
 1237  her well-being; and that it is not apparent that such harm may
 1238  be avoided through the help of willing family members or friends
 1239  or the provision of other services, or there is substantial
 1240  likelihood that the person has inflicted or, unless admitted, is
 1241  likely to inflict, physical harm on himself, herself, or
 1242  another; or
 1243         2. The reason for the belief that the person’s refusal to
 1244  voluntarily receive care is based on judgment so impaired by
 1245  reason of substance abuse that the person is incapable of
 1246  appreciating his or her need for care and of making a rational
 1247  decision regarding his or her need for care.
 1248         Section 29. Subsection (8) of section 400.021, Florida
 1249  Statutes, is amended to read:
 1250         400.021 Definitions.—When used in this part, unless the
 1251  context otherwise requires, the term:
 1252         (8) “Geriatric outpatient clinic” means a site for
 1253  providing outpatient health care to persons 60 years of age or
 1254  older, which is staffed by a registered nurse, a physician
 1255  assistant, or a licensed practical nurse under the direct
 1256  supervision of a registered nurse, advanced practice registered
 1257  nurse advanced registered nurse practitioner, physician
 1258  assistant, or physician.
 1259         Section 30. Subsection (3) of section 400.462, Florida
 1260  Statutes, is amended to read:
 1261         400.462 Definitions.—As used in this part, the term:
 1262         (3) “Advanced practice registered nurse “Advanced
 1263  registered nurse practitioner” means a person licensed in this
 1264  state to practice professional nursing and certified in advanced
 1265  or specialized nursing practice, as defined in s. 464.003.
 1266         Section 31. Section 400.487, Florida Statutes, is amended
 1267  to read:
 1268         400.487 Home health service agreements; physician’s,
 1269  physician assistant’s, and advanced practice registered nurse’s
 1270  advanced registered nurse practitioner’s treatment orders;
 1271  patient assessment; establishment and review of plan of care;
 1272  provision of services; orders not to resuscitate.—
 1273         (1) Services provided by a home health agency must be
 1274  covered by an agreement between the home health agency and the
 1275  patient or the patient’s legal representative specifying the
 1276  home health services to be provided, the rates or charges for
 1277  services paid with private funds, and the sources of payment,
 1278  which may include Medicare, Medicaid, private insurance,
 1279  personal funds, or a combination thereof. A home health agency
 1280  providing skilled care must make an assessment of the patient’s
 1281  needs within 48 hours after the start of services.
 1282         (2) When required by the provisions of chapter 464; part I,
 1283  part III, or part V of chapter 468; or chapter 486, the
 1284  attending physician, physician assistant, or advanced practice
 1285  registered nurse advanced registered nurse practitioner, acting
 1286  within his or her respective scope of practice, shall establish
 1287  treatment orders for a patient who is to receive skilled care.
 1288  The treatment orders must be signed by the physician, physician
 1289  assistant, or advanced practice registered nurse advanced
 1290  registered nurse practitioner before a claim for payment for the
 1291  skilled services is submitted by the home health agency. If the
 1292  claim is submitted to a managed care organization, the treatment
 1293  orders must be signed within the time allowed under the provider
 1294  agreement. The treatment orders shall be reviewed, as frequently
 1295  as the patient’s illness requires, by the physician, physician
 1296  assistant, or advanced practice registered nurse advanced
 1297  registered nurse practitioner in consultation with the home
 1298  health agency.
 1299         (3) A home health agency shall arrange for supervisory
 1300  visits by a registered nurse to the home of a patient receiving
 1301  home health aide services in accordance with the patient’s
 1302  direction, approval, and agreement to pay the charge for the
 1303  visits.
 1304         (4) Each patient has the right to be informed of and to
 1305  participate in the planning of his or her care. Each patient
 1306  must be provided, upon request, a copy of the plan of care
 1307  established and maintained for that patient by the home health
 1308  agency.
 1309         (5) When nursing services are ordered, the home health
 1310  agency to which a patient has been admitted for care must
 1311  provide the initial admission visit, all service evaluation
 1312  visits, and the discharge visit by a direct employee. Services
 1313  provided by others under contractual arrangements to a home
 1314  health agency must be monitored and managed by the admitting
 1315  home health agency. The admitting home health agency is fully
 1316  responsible for ensuring that all care provided through its
 1317  employees or contract staff is delivered in accordance with this
 1318  part and applicable rules.
 1319         (6) The skilled care services provided by a home health
 1320  agency, directly or under contract, must be supervised and
 1321  coordinated in accordance with the plan of care.
 1322         (7) Home health agency personnel may withhold or withdraw
 1323  cardiopulmonary resuscitation if presented with an order not to
 1324  resuscitate executed pursuant to s. 401.45. The agency shall
 1325  adopt rules providing for the implementation of such orders.
 1326  Home health personnel and agencies shall not be subject to
 1327  criminal prosecution or civil liability, nor be considered to
 1328  have engaged in negligent or unprofessional conduct, for
 1329  withholding or withdrawing cardiopulmonary resuscitation
 1330  pursuant to such an order and rules adopted by the agency.
 1331         Section 32. Paragraph (a) of subsection (13) of section
 1332  400.506, Florida Statutes, is amended to read:
 1333         400.506 Licensure of nurse registries; requirements;
 1334  penalties.—
 1335         (13) All persons referred for contract in private
 1336  residences by a nurse registry must comply with the following
 1337  requirements for a plan of treatment:
 1338         (a) When, in accordance with the privileges and
 1339  restrictions imposed upon a nurse under part I of chapter 464,
 1340  the delivery of care to a patient is under the direction or
 1341  supervision of a physician or when a physician is responsible
 1342  for the medical care of the patient, a medical plan of treatment
 1343  must be established for each patient receiving care or treatment
 1344  provided by a licensed nurse in the home. The original medical
 1345  plan of treatment must be timely signed by the physician,
 1346  physician assistant, or advanced practice registered nurse
 1347  advanced registered nurse practitioner, acting within his or her
 1348  respective scope of practice, and reviewed in consultation with
 1349  the licensed nurse at least every 2 months. Any additional order
 1350  or change in orders must be obtained from the physician,
 1351  physician assistant, or advanced practice registered nurse
 1352  advanced registered nurse practitioner and reduced to writing
 1353  and timely signed by the physician, physician assistant, or
 1354  advanced practice registered nurse advanced registered nurse
 1355  practitioner. The delivery of care under a medical plan of
 1356  treatment must be substantiated by the appropriate nursing notes
 1357  or documentation made by the nurse in compliance with nursing
 1358  practices established under part I of chapter 464.
 1359         Section 33. Subsections (5) and (7) of section 400.9973,
 1360  Florida Statutes, are amended to read:
 1361         400.9973 Client admission, transfer, and discharge.—
 1362         (5) A client admitted to a transitional living facility
 1363  must be admitted upon prescription by a licensed physician,
 1364  physician assistant, or advanced practice registered nurse
 1365  advanced registered nurse practitioner and must remain under the
 1366  care of a licensed physician, physician assistant, or advanced
 1367  practice registered nurse advanced registered nurse practitioner
 1368  for the duration of the client’s stay in the facility.
 1369         (7) A person may not be admitted to a transitional living
 1370  facility if the person:
 1371         (a) Presents significant risk of infection to other clients
 1372  or personnel. A health care practitioner must provide
 1373  documentation that the person is free of apparent signs and
 1374  symptoms of communicable disease;
 1375         (b) Is a danger to himself or herself or others as
 1376  determined by a physician, physician assistant, or advanced
 1377  practice registered nurse, advanced registered nurse
 1378  practitioner or a mental health practitioner licensed under
 1379  chapter 490 or chapter 491, unless the facility provides
 1380  adequate staffing and support to ensure patient safety;
 1381         (c) Is bedridden; or
 1382         (d) Requires 24-hour nursing supervision.
 1383         Section 34. Subsection (1) and paragraphs (a) and (b) of
 1384  subsection (2) of section 400.9974, Florida Statutes, are
 1385  amended to read:
 1386         400.9974 Client comprehensive treatment plans; client
 1387  services.—
 1388         (1) A transitional living facility shall develop a
 1389  comprehensive treatment plan for each client as soon as
 1390  practicable but no later than 30 days after the initial
 1391  comprehensive treatment plan is developed. The comprehensive
 1392  treatment plan must be developed by an interdisciplinary team
 1393  consisting of the case manager, the program director, the
 1394  advanced practice registered nurse advanced registered nurse
 1395  practitioner, and appropriate therapists. The client or, if
 1396  appropriate, the client’s representative must be included in
 1397  developing the comprehensive treatment plan. The comprehensive
 1398  treatment plan must be reviewed and updated if the client fails
 1399  to meet projected improvements outlined in the plan or if a
 1400  significant change in the client’s condition occurs. The
 1401  comprehensive treatment plan must be reviewed and updated at
 1402  least once monthly.
 1403         (2) The comprehensive treatment plan must include:
 1404         (a) Orders obtained from the physician, physician
 1405  assistant, or advanced practice registered nurse advanced
 1406  registered nurse practitioner and the client’s diagnosis,
 1407  medical history, physical examination, and rehabilitative or
 1408  restorative needs.
 1409         (b) A preliminary nursing evaluation, including orders for
 1410  immediate care provided by the physician, physician assistant,
 1411  or advanced practice registered nurse advanced registered nurse
 1412  practitioner, which shall be completed when the client is
 1413  admitted.
 1414         Section 35. Section 400.9976, Florida Statutes, is amended
 1415  to read:
 1416         400.9976 Administration of medication.—
 1417         (1) An individual medication administration record must be
 1418  maintained for each client. A dose of medication, including a
 1419  self-administered dose, shall be properly recorded in the
 1420  client’s record. A client who self-administers medication shall
 1421  be given a pill organizer. Medication must be placed in the pill
 1422  organizer by a nurse. A nurse shall document the date and time
 1423  that medication is placed into each client’s pill organizer. All
 1424  medications must be administered in compliance with orders of a
 1425  physician, physician assistant, or advanced practice registered
 1426  nurse advanced registered nurse practitioner.
 1427         (2) If an interdisciplinary team determines that self
 1428  administration of medication is an appropriate objective, and if
 1429  the physician, physician assistant, or advanced practice
 1430  registered nurse advanced registered nurse practitioner does not
 1431  specify otherwise, the client must be instructed by the
 1432  physician, physician assistant, or advanced practice registered
 1433  nurse advanced registered nurse practitioner to self-administer
 1434  his or her medication without the assistance of a staff person.
 1435  All forms of self-administration of medication, including
 1436  administration orally, by injection, and by suppository, shall
 1437  be included in the training. The client’s physician, physician
 1438  assistant, or advanced practice registered nurse advanced
 1439  registered nurse practitioner must be informed of the
 1440  interdisciplinary team’s decision that self-administration of
 1441  medication is an objective for the client. A client may not
 1442  self-administer medication until he or she demonstrates the
 1443  competency to take the correct medication in the correct dosage
 1444  at the correct time, to respond to missed doses, and to contact
 1445  the appropriate person with questions.
 1446         (3) Medication administration discrepancies and adverse
 1447  drug reactions must be recorded and reported immediately to a
 1448  physician, physician assistant, or advanced practice registered
 1449  nurse advanced registered nurse practitioner.
 1450         Section 36. Subsections (2) through (5) of section
 1451  400.9979, Florida Statutes, are amended to read:
 1452         400.9979 Restraint and seclusion; client safety.—
 1453         (2) The use of physical restraints must be ordered and
 1454  documented by a physician, physician assistant, or advanced
 1455  practice registered nurse advanced registered nurse practitioner
 1456  and must be consistent with the policies and procedures adopted
 1457  by the facility. The client or, if applicable, the client’s
 1458  representative shall be informed of the facility’s physical
 1459  restraint policies and procedures when the client is admitted.
 1460         (3) The use of chemical restraints shall be limited to
 1461  prescribed dosages of medications as ordered by a physician,
 1462  physician assistant, or advanced practice registered nurse
 1463  advanced registered nurse practitioner and must be consistent
 1464  with the client’s diagnosis and the policies and procedures
 1465  adopted by the facility. The client and, if applicable, the
 1466  client’s representative shall be informed of the facility’s
 1467  chemical restraint policies and procedures when the client is
 1468  admitted.
 1469         (4) Based on the assessment by a physician, physician
 1470  assistant, or advanced practice registered nurse advanced
 1471  registered nurse practitioner, if a client exhibits symptoms
 1472  that present an immediate risk of injury or death to himself or
 1473  herself or others, a physician, physician assistant, or advanced
 1474  practice registered nurse advanced registered nurse practitioner
 1475  may issue an emergency treatment order to immediately administer
 1476  rapid-response psychotropic medications or other chemical
 1477  restraints. Each emergency treatment order must be documented
 1478  and maintained in the client’s record.
 1479         (a) An emergency treatment order is not effective for more
 1480  than 24 hours.
 1481         (b) Whenever a client is medicated under this subsection,
 1482  the client’s representative or a responsible party and the
 1483  client’s physician, physician assistant, or advanced practice
 1484  registered nurse advanced registered nurse practitioner shall be
 1485  notified as soon as practicable.
 1486         (5) A client who is prescribed and receives a medication
 1487  that can serve as a chemical restraint for a purpose other than
 1488  an emergency treatment order must be evaluated by his or her
 1489  physician, physician assistant, or advanced practice registered
 1490  nurse advanced registered nurse practitioner at least monthly to
 1491  assess:
 1492         (a) The continued need for the medication.
 1493         (b) The level of the medication in the client’s blood.
 1494         (c) The need for adjustments to the prescription.
 1495         Section 37. Subsections (1) and (2) of section 401.445,
 1496  Florida Statutes, are amended to read:
 1497         401.445 Emergency examination and treatment of
 1498  incapacitated persons.—
 1499         (1) No recovery shall be allowed in any court in this state
 1500  against any emergency medical technician, paramedic, or
 1501  physician as defined in this chapter, any advanced practice
 1502  registered nurse advanced registered nurse practitioner
 1503  certified under s. 464.012, or any physician assistant licensed
 1504  under s. 458.347 or s. 459.022, or any person acting under the
 1505  direct medical supervision of a physician, in an action brought
 1506  for examining or treating a patient without his or her informed
 1507  consent if:
 1508         (a) The patient at the time of examination or treatment is
 1509  intoxicated, under the influence of drugs, or otherwise
 1510  incapable of providing informed consent as provided in s.
 1511  766.103;
 1512         (b) The patient at the time of examination or treatment is
 1513  experiencing an emergency medical condition; and
 1514         (c) The patient would reasonably, under all the surrounding
 1515  circumstances, undergo such examination, treatment, or procedure
 1516  if he or she were advised by the emergency medical technician,
 1517  paramedic, physician, advanced practice registered nurse
 1518  advanced registered nurse practitioner, or physician assistant
 1519  in accordance with s. 766.103(3).
 1520  
 1521  Examination and treatment provided under this subsection shall
 1522  be limited to reasonable examination of the patient to determine
 1523  the medical condition of the patient and treatment reasonably
 1524  necessary to alleviate the emergency medical condition or to
 1525  stabilize the patient.
 1526         (2) In examining and treating a person who is apparently
 1527  intoxicated, under the influence of drugs, or otherwise
 1528  incapable of providing informed consent, the emergency medical
 1529  technician, paramedic, physician, advanced practice registered
 1530  nurse advanced registered nurse practitioner, or physician
 1531  assistant, or any person acting under the direct medical
 1532  supervision of a physician, shall proceed wherever possible with
 1533  the consent of the person. If the person reasonably appears to
 1534  be incapacitated and refuses his or her consent, the person may
 1535  be examined, treated, or taken to a hospital or other
 1536  appropriate treatment resource if he or she is in need of
 1537  emergency attention, without his or her consent, but
 1538  unreasonable force shall not be used.
 1539         Section 38. Subsection (1) of section 409.905, Florida
 1540  Statutes, is amended to read:
 1541         409.905 Mandatory Medicaid services.—The agency may make
 1542  payments for the following services, which are required of the
 1543  state by Title XIX of the Social Security Act, furnished by
 1544  Medicaid providers to recipients who are determined to be
 1545  eligible on the dates on which the services were provided. Any
 1546  service under this section shall be provided only when medically
 1547  necessary and in accordance with state and federal law.
 1548  Mandatory services rendered by providers in mobile units to
 1549  Medicaid recipients may be restricted by the agency. Nothing in
 1550  this section shall be construed to prevent or limit the agency
 1551  from adjusting fees, reimbursement rates, lengths of stay,
 1552  number of visits, number of services, or any other adjustments
 1553  necessary to comply with the availability of moneys and any
 1554  limitations or directions provided for in the General
 1555  Appropriations Act or chapter 216.
 1556         (1) ADVANCED PRACTICE REGISTERED NURSE ADVANCED REGISTERED
 1557  NURSE PRACTITIONER SERVICES.—The agency shall pay for services
 1558  provided to a recipient by a licensed advanced practice
 1559  registered nurse advanced registered nurse practitioner who has
 1560  a valid collaboration agreement with a licensed physician on
 1561  file with the Department of Health or who provides anesthesia
 1562  services in accordance with established protocol required by
 1563  state law and approved by the medical staff of the facility in
 1564  which the anesthetic service is performed. Reimbursement for
 1565  such services must be provided in an amount that equals not less
 1566  than 80 percent of the reimbursement to a physician who provides
 1567  the same services, unless otherwise provided for in the General
 1568  Appropriations Act.
 1569         Section 39. Paragraph (a) of subsection (3) and subsection
 1570  (7) of section 409.908, Florida Statutes, are amended to read:
 1571         409.908 Reimbursement of Medicaid providers.—Subject to
 1572  specific appropriations, the agency shall reimburse Medicaid
 1573  providers, in accordance with state and federal law, according
 1574  to methodologies set forth in the rules of the agency and in
 1575  policy manuals and handbooks incorporated by reference therein.
 1576  These methodologies may include fee schedules, reimbursement
 1577  methods based on cost reporting, negotiated fees, competitive
 1578  bidding pursuant to s. 287.057, and other mechanisms the agency
 1579  considers efficient and effective for purchasing services or
 1580  goods on behalf of recipients. If a provider is reimbursed based
 1581  on cost reporting and submits a cost report late and that cost
 1582  report would have been used to set a lower reimbursement rate
 1583  for a rate semester, then the provider’s rate for that semester
 1584  shall be retroactively calculated using the new cost report, and
 1585  full payment at the recalculated rate shall be effected
 1586  retroactively. Medicare-granted extensions for filing cost
 1587  reports, if applicable, shall also apply to Medicaid cost
 1588  reports. Payment for Medicaid compensable services made on
 1589  behalf of Medicaid eligible persons is subject to the
 1590  availability of moneys and any limitations or directions
 1591  provided for in the General Appropriations Act or chapter 216.
 1592  Further, nothing in this section shall be construed to prevent
 1593  or limit the agency from adjusting fees, reimbursement rates,
 1594  lengths of stay, number of visits, or number of services, or
 1595  making any other adjustments necessary to comply with the
 1596  availability of moneys and any limitations or directions
 1597  provided for in the General Appropriations Act, provided the
 1598  adjustment is consistent with legislative intent.
 1599         (3) Subject to any limitations or directions provided for
 1600  in the General Appropriations Act, the following Medicaid
 1601  services and goods may be reimbursed on a fee-for-service basis.
 1602  For each allowable service or goods furnished in accordance with
 1603  Medicaid rules, policy manuals, handbooks, and state and federal
 1604  law, the payment shall be the amount billed by the provider, the
 1605  provider’s usual and customary charge, or the maximum allowable
 1606  fee established by the agency, whichever amount is less, with
 1607  the exception of those services or goods for which the agency
 1608  makes payment using a methodology based on capitation rates,
 1609  average costs, or negotiated fees.
 1610         (a) Advanced practice registered nurse Advanced registered
 1611  nurse practitioner services.
 1612         (7) A provider of family planning services shall be
 1613  reimbursed the lesser of the amount billed by the provider or an
 1614  all-inclusive amount per type of visit for physicians and
 1615  advanced practice registered nurses advanced registered nurse
 1616  practitioners, as established by the agency in a fee schedule.
 1617         Section 40. Paragraph (a) of subsection (1) of section
 1618  409.973, Florida Statutes, is amended to read:
 1619         409.973 Benefits.—
 1620         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
 1621  minimum, the following services:
 1622         (a) Advanced practice registered nurse Advanced registered
 1623  nurse practitioner services.
 1624         Section 41.  Section 1 of chapter 2016-109, Laws of
 1625  Florida, is amended to read:
 1626         Section 1. Effective March 1, 2019, subsection (1) of
 1627  section 409.973, Florida Statutes, is amended to read:
 1628         409.973 Benefits.—
 1629         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
 1630  minimum, the following services:
 1631         (a) Advanced practice registered nurse Advanced registered
 1632  nurse practitioner services.
 1633         (b) Ambulatory surgical treatment center services.
 1634         (c) Birthing center services.
 1635         (d) Chiropractic services.
 1636         (e) Early periodic screening diagnosis and treatment
 1637  services for recipients under age 21.
 1638         (f) Emergency services.
 1639         (g) Family planning services and supplies. Pursuant to 42
 1640  C.F.R. s. 438.102, plans may elect to not provide these services
 1641  due to an objection on moral or religious grounds, and must
 1642  notify the agency of that election when submitting a reply to an
 1643  invitation to negotiate.
 1644         (h) Healthy start services, except as provided in s.
 1645  409.975(4).
 1646         (i) Hearing services.
 1647         (j) Home health agency services.
 1648         (k) Hospice services.
 1649         (l) Hospital inpatient services.
 1650         (m) Hospital outpatient services.
 1651         (n) Laboratory and imaging services.
 1652         (o) Medical supplies, equipment, prostheses, and orthoses.
 1653         (p) Mental health services.
 1654         (q) Nursing care.
 1655         (r) Optical services and supplies.
 1656         (s) Optometrist services.
 1657         (t) Physical, occupational, respiratory, and speech therapy
 1658  services.
 1659         (u) Physician services, including physician assistant
 1660  services.
 1661         (v) Podiatric services.
 1662         (w) Prescription drugs.
 1663         (x) Renal dialysis services.
 1664         (y) Respiratory equipment and supplies.
 1665         (z) Rural health clinic services.
 1666         (aa) Substance abuse treatment services.
 1667         (bb) Transportation to access covered services.
 1668         Section 42. Paragraph (a) of subsection (2) and paragraph
 1669  (a) of subsection (7) of section 429.918, Florida Statutes, are
 1670  amended to read:
 1671         429.918 Licensure designation as a specialized Alzheimer’s
 1672  services adult day care center.—
 1673         (2) As used in this section, the term:
 1674         (a) “ADRD participant” means a participant who has a
 1675  documented diagnosis of Alzheimer’s disease or a dementia
 1676  related disorder (ADRD) from a licensed physician, licensed
 1677  physician assistant, or a licensed advanced practice registered
 1678  nurse advanced registered nurse practitioner.
 1679         (7)(a) An ADRD participant admitted to an adult day care
 1680  center having a license designated under this section, or the
 1681  caregiver when applicable, must:
 1682         1. Require ongoing supervision to maintain the highest
 1683  level of medical or custodial functioning and have a
 1684  demonstrated need for a responsible party to oversee his or her
 1685  care.
 1686         2. Not actively demonstrate aggressive behavior that places
 1687  himself, herself, or others at risk of harm.
 1688         3. Provide the following medical documentation signed by a
 1689  licensed physician, licensed physician assistant, or a licensed
 1690  advanced practice registered nurse advanced registered nurse
 1691  practitioner:
 1692         a. Any physical, health, or emotional conditions that
 1693  require medical care.
 1694         b. A listing of the ADRD participant’s current prescribed
 1695  and over-the-counter medications and dosages, diet restrictions,
 1696  mobility restrictions, and other physical limitations.
 1697         4. Provide documentation signed by a health care provider
 1698  licensed in this state which indicates that the ADRD participant
 1699  is free of the communicable form of tuberculosis and free of
 1700  signs and symptoms of other communicable diseases.
 1701         Section 43. Section 456.0391, Florida Statutes, is amended
 1702  to read:
 1703         456.0391 Advanced practice registered nurses Advanced
 1704  registered nurse practitioners; information required for
 1705  certification.—
 1706         (1)(a) Each person who applies for initial certification
 1707  under s. 464.012 must, at the time of application, and each
 1708  person certified under s. 464.012 who applies for certification
 1709  renewal must, in conjunction with the renewal of such
 1710  certification and under procedures adopted by the Department of
 1711  Health, and in addition to any other information that may be
 1712  required from the applicant, furnish the following information
 1713  to the Department of Health:
 1714         1. The name of each school or training program that the
 1715  applicant has attended, with the months and years of attendance
 1716  and the month and year of graduation, and a description of all
 1717  graduate professional education completed by the applicant,
 1718  excluding any coursework taken to satisfy continuing education
 1719  requirements.
 1720         2. The name of each location at which the applicant
 1721  practices.
 1722         3. The address at which the applicant will primarily
 1723  conduct his or her practice.
 1724         4. Any certification or designation that the applicant has
 1725  received from a specialty or certification board that is
 1726  recognized or approved by the regulatory board or department to
 1727  which the applicant is applying.
 1728         5. The year that the applicant received initial
 1729  certification and began practicing the profession in any
 1730  jurisdiction and the year that the applicant received initial
 1731  certification in this state.
 1732         6. Any appointment which the applicant currently holds to
 1733  the faculty of a school related to the profession and an
 1734  indication as to whether the applicant has had the
 1735  responsibility for graduate education within the most recent 10
 1736  years.
 1737         7. A description of any criminal offense of which the
 1738  applicant has been found guilty, regardless of whether
 1739  adjudication of guilt was withheld, or to which the applicant
 1740  has pled guilty or nolo contendere. A criminal offense committed
 1741  in another jurisdiction which would have been a felony or
 1742  misdemeanor if committed in this state must be reported. If the
 1743  applicant indicates that a criminal offense is under appeal and
 1744  submits a copy of the notice for appeal of that criminal
 1745  offense, the department must state that the criminal offense is
 1746  under appeal if the criminal offense is reported in the
 1747  applicant’s profile. If the applicant indicates to the
 1748  department that a criminal offense is under appeal, the
 1749  applicant must, within 15 days after the disposition of the
 1750  appeal, submit to the department a copy of the final written
 1751  order of disposition.
 1752         8. A description of any final disciplinary action taken
 1753  within the previous 10 years against the applicant by a
 1754  licensing or regulatory body in any jurisdiction, by a specialty
 1755  board that is recognized by the board or department, or by a
 1756  licensed hospital, health maintenance organization, prepaid
 1757  health clinic, ambulatory surgical center, or nursing home.
 1758  Disciplinary action includes resignation from or nonrenewal of
 1759  staff membership or the restriction of privileges at a licensed
 1760  hospital, health maintenance organization, prepaid health
 1761  clinic, ambulatory surgical center, or nursing home taken in
 1762  lieu of or in settlement of a pending disciplinary case related
 1763  to competence or character. If the applicant indicates that the
 1764  disciplinary action is under appeal and submits a copy of the
 1765  document initiating an appeal of the disciplinary action, the
 1766  department must state that the disciplinary action is under
 1767  appeal if the disciplinary action is reported in the applicant’s
 1768  profile.
 1769         (b) In addition to the information required under paragraph
 1770  (a), each applicant for initial certification or certification
 1771  renewal must provide the information required of licensees
 1772  pursuant to s. 456.049.
 1773         (2) The Department of Health shall send a notice to each
 1774  person certified under s. 464.012 at the certificateholder’s
 1775  last known address of record regarding the requirements for
 1776  information to be submitted by advanced practice registered
 1777  nurses advanced registered nurse practitioners pursuant to this
 1778  section in conjunction with the renewal of such certificate.
 1779         (3) Each person certified under s. 464.012 who has
 1780  submitted information pursuant to subsection (1) must update
 1781  that information in writing by notifying the Department of
 1782  Health within 45 days after the occurrence of an event or the
 1783  attainment of a status that is required to be reported by
 1784  subsection (1). Failure to comply with the requirements of this
 1785  subsection to update and submit information constitutes a ground
 1786  for disciplinary action under chapter 464 and s. 456.072(1)(k).
 1787  For failure to comply with the requirements of this subsection
 1788  to update and submit information, the department or board, as
 1789  appropriate, may:
 1790         (a) Refuse to issue a certificate to any person applying
 1791  for initial certification who fails to submit and update the
 1792  required information.
 1793         (b) Issue a citation to any certificateholder who fails to
 1794  submit and update the required information and may fine the
 1795  certificateholder up to $50 for each day that the
 1796  certificateholder is not in compliance with this subsection. The
 1797  citation must clearly state that the certificateholder may
 1798  choose, in lieu of accepting the citation, to follow the
 1799  procedure under s. 456.073. If the certificateholder disputes
 1800  the matter in the citation, the procedures set forth in s.
 1801  456.073 must be followed. However, if the certificateholder does
 1802  not dispute the matter in the citation with the department
 1803  within 30 days after the citation is served, the citation
 1804  becomes a final order and constitutes discipline. Service of a
 1805  citation may be made by personal service or certified mail,
 1806  restricted delivery, to the subject at the certificateholder’s
 1807  last known address.
 1808         (4)(a) An applicant for initial certification under s.
 1809  464.012 must submit a set of fingerprints to the Department of
 1810  Health on a form and under procedures specified by the
 1811  department, along with payment in an amount equal to the costs
 1812  incurred by the Department of Health for a national criminal
 1813  history check of the applicant.
 1814         (b) An applicant for renewed certification who has not
 1815  previously submitted a set of fingerprints to the Department of
 1816  Health for purposes of certification must submit a set of
 1817  fingerprints to the department as a condition of the initial
 1818  renewal of his or her certificate after the effective date of
 1819  this section. The applicant must submit the fingerprints on a
 1820  form and under procedures specified by the department, along
 1821  with payment in an amount equal to the costs incurred by the
 1822  Department of Health for a national criminal history check. For
 1823  subsequent renewals, the applicant for renewed certification
 1824  must only submit information necessary to conduct a statewide
 1825  criminal history check, along with payment in an amount equal to
 1826  the costs incurred by the Department of Health for a statewide
 1827  criminal history check.
 1828         (c)1. The Department of Health shall submit the
 1829  fingerprints provided by an applicant for initial certification
 1830  to the Florida Department of Law Enforcement for a statewide
 1831  criminal history check, and the Florida Department of Law
 1832  Enforcement shall forward the fingerprints to the Federal Bureau
 1833  of Investigation for a national criminal history check of the
 1834  applicant.
 1835         2. The department shall submit the fingerprints provided by
 1836  an applicant for the initial renewal of certification to the
 1837  Florida Department of Law Enforcement for a statewide criminal
 1838  history check, and the Florida Department of Law Enforcement
 1839  shall forward the fingerprints to the Federal Bureau of
 1840  Investigation for a national criminal history check for the
 1841  initial renewal of the applicant’s certificate after the
 1842  effective date of this section.
 1843         3. For any subsequent renewal of the applicant’s
 1844  certificate, the department shall submit the required
 1845  information for a statewide criminal history check of the
 1846  applicant to the Florida Department of Law Enforcement.
 1847         (d) Any applicant for initial certification or renewal of
 1848  certification as an advanced practice registered nurse advanced
 1849  registered nurse practitioner who submits to the Department of
 1850  Health a set of fingerprints and information required for the
 1851  criminal history check required under this section shall not be
 1852  required to provide a subsequent set of fingerprints or other
 1853  duplicate information required for a criminal history check to
 1854  the Agency for Health Care Administration, the Department of
 1855  Juvenile Justice, or the Department of Children and Families for
 1856  employment or licensure with such agency or department, if the
 1857  applicant has undergone a criminal history check as a condition
 1858  of initial certification or renewal of certification as an
 1859  advanced practice registered nurse advanced registered nurse
 1860  practitioner with the Department of Health, notwithstanding any
 1861  other provision of law to the contrary. In lieu of such
 1862  duplicate submission, the Agency for Health Care Administration,
 1863  the Department of Juvenile Justice, and the Department of
 1864  Children and Families shall obtain criminal history information
 1865  for employment or licensure of persons certified under s.
 1866  464.012 by such agency or department from the Department of
 1867  Health’s health care practitioner credentialing system.
 1868         (5) Each person who is required to submit information
 1869  pursuant to this section may submit additional information to
 1870  the Department of Health. Such information may include, but is
 1871  not limited to:
 1872         (a) Information regarding publications in peer-reviewed
 1873  professional literature within the previous 10 years.
 1874         (b) Information regarding professional or community service
 1875  activities or awards.
 1876         (c) Languages, other than English, used by the applicant to
 1877  communicate with patients or clients and identification of any
 1878  translating service that may be available at the place where the
 1879  applicant primarily conducts his or her practice.
 1880         (d) An indication of whether the person participates in the
 1881  Medicaid program.
 1882         Section 44. Subsection (2) of section 456.0392, Florida
 1883  Statutes, is amended to read:
 1884         456.0392 Prescription labeling.—
 1885         (2) A prescription for a drug that is not listed as a
 1886  controlled substance in chapter 893 which is written by an
 1887  advanced practice registered nurse advanced registered nurse
 1888  practitioner certified under s. 464.012 is presumed, subject to
 1889  rebuttal, to be valid and within the parameters of the
 1890  prescriptive authority delegated by a practitioner licensed
 1891  under chapter 458, chapter 459, or chapter 466.
 1892         Section 45. Paragraph (a) of subsection (1) and subsection
 1893  (6) of section 456.041, Florida Statutes, are amended to read:
 1894         456.041 Practitioner profile; creation.—
 1895         (1)(a) The Department of Health shall compile the
 1896  information submitted pursuant to s. 456.039 into a practitioner
 1897  profile of the applicant submitting the information, except that
 1898  the Department of Health shall develop a format to compile
 1899  uniformly any information submitted under s. 456.039(4)(b).
 1900  Beginning July 1, 2001, the Department of Health may compile the
 1901  information submitted pursuant to s. 456.0391 into a
 1902  practitioner profile of the applicant submitting the
 1903  information. The protocol submitted pursuant to s. 464.012(3)
 1904  must be included in the practitioner profile of the advanced
 1905  practice registered nurse advanced registered nurse
 1906  practitioner.
 1907         (6) The Department of Health shall provide in each
 1908  practitioner profile for every physician or advanced practice
 1909  registered nurse advanced registered nurse practitioner
 1910  terminated for cause from participating in the Medicaid program,
 1911  pursuant to s. 409.913, or sanctioned by the Medicaid program a
 1912  statement that the practitioner has been terminated from
 1913  participating in the Florida Medicaid program or sanctioned by
 1914  the Medicaid program.
 1915         Section 46. Subsection (1) of section 456.048, Florida
 1916  Statutes, is amended to read:
 1917         456.048 Financial responsibility requirements for certain
 1918  health care practitioners.—
 1919         (1) As a prerequisite for licensure or license renewal, the
 1920  Board of Acupuncture, the Board of Chiropractic Medicine, the
 1921  Board of Podiatric Medicine, and the Board of Dentistry shall,
 1922  by rule, require that all health care practitioners licensed
 1923  under the respective board, and the Board of Medicine and the
 1924  Board of Osteopathic Medicine shall, by rule, require that all
 1925  anesthesiologist assistants licensed pursuant to s. 458.3475 or
 1926  s. 459.023, and the Board of Nursing shall, by rule, require
 1927  that advanced practice registered nurses advanced registered
 1928  nurse practitioners certified under s. 464.012, and the
 1929  department shall, by rule, require that midwives maintain
 1930  medical malpractice insurance or provide proof of financial
 1931  responsibility in an amount and in a manner determined by the
 1932  board or department to be sufficient to cover claims arising out
 1933  of the rendering of or failure to render professional care and
 1934  services in this state.
 1935         Section 47. Subsection (7) of section 456.072, Florida
 1936  Statutes, is amended to read:
 1937         456.072 Grounds for discipline; penalties; enforcement.—
 1938         (7) Notwithstanding subsection (2), upon a finding that a
 1939  physician has prescribed or dispensed a controlled substance, or
 1940  caused a controlled substance to be prescribed or dispensed, in
 1941  a manner that violates the standard of practice set forth in s.
 1942  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
 1943  or (s), or s. 466.028(1)(p) or (x), or that an advanced practice
 1944  registered nurse advanced registered nurse practitioner has
 1945  prescribed or dispensed a controlled substance, or caused a
 1946  controlled substance to be prescribed or dispensed, in a manner
 1947  that violates the standard of practice set forth in s.
 1948  464.018(1)(n) or (p)6., the physician or advanced practice
 1949  registered nurse advanced registered nurse practitioner shall be
 1950  suspended for a period of not less than 6 months and pay a fine
 1951  of not less than $10,000 per count. Repeated violations shall
 1952  result in increased penalties.
 1953         Section 48. Paragraph (g) of subsection (1) and subsection
 1954  (2) of section 456.44, Florida Statutes, are amended to read:
 1955         456.44 Controlled substance prescribing.—
 1956         (1) DEFINITIONS.—As used in this section, the term:
 1957         (g) “Registrant” means a physician, a physician assistant,
 1958  or an advanced practice registered nurse advanced registered
 1959  nurse practitioner who meets the requirements of subsection (2).
 1960         (2) REGISTRATION.—A physician licensed under chapter 458,
 1961  chapter 459, chapter 461, or chapter 466, a physician assistant
 1962  licensed under chapter 458 or chapter 459, or an advanced
 1963  practice registered nurse advanced registered nurse practitioner
 1964  certified under part I of chapter 464 who prescribes any
 1965  controlled substance, listed in Schedule II, Schedule III, or
 1966  Schedule IV as defined in s. 893.03, for the treatment of
 1967  chronic nonmalignant pain, must:
 1968         (a) Designate himself or herself as a controlled substance
 1969  prescribing practitioner on his or her practitioner profile.
 1970         (b) Comply with the requirements of this section and
 1971  applicable board rules.
 1972         Section 49. Paragraph (c) of subsection (2) of section
 1973  458.3265, Florida Statutes, is amended to read:
 1974         458.3265 Pain-management clinics.—
 1975         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 1976  apply to any physician who provides professional services in a
 1977  pain-management clinic that is required to be registered in
 1978  subsection (1).
 1979         (c) A physician, a physician assistant, or an advanced
 1980  practice registered nurse advanced registered nurse practitioner
 1981  must perform a physical examination of a patient on the same day
 1982  that the physician prescribes a controlled substance to a
 1983  patient at a pain-management clinic. If the physician prescribes
 1984  more than a 72-hour dose of controlled substances for the
 1985  treatment of chronic nonmalignant pain, the physician must
 1986  document in the patient’s record the reason for prescribing that
 1987  quantity.
 1988         Section 50. Paragraph (dd) of subsection (1) of section
 1989  458.331, Florida Statutes, is amended to read:
 1990         458.331 Grounds for disciplinary action; action by the
 1991  board and department.—
 1992         (1) The following acts constitute grounds for denial of a
 1993  license or disciplinary action, as specified in s. 456.072(2):
 1994         (dd) Failing to supervise adequately the activities of
 1995  those physician assistants, paramedics, emergency medical
 1996  technicians, advanced practice registered nurses advanced
 1997  registered nurse practitioners, or anesthesiologist assistants
 1998  acting under the supervision of the physician.
 1999         Section 51. Paragraph (a) of subsection (1) and subsection
 2000  (3) of section 458.348, Florida Statutes, are amended to read:
 2001         458.348 Formal supervisory relationships, standing orders,
 2002  and established protocols; notice; standards.—
 2003         (1) NOTICE.—
 2004         (a) When a physician enters into a formal supervisory
 2005  relationship or standing orders with an emergency medical
 2006  technician or paramedic licensed pursuant to s. 401.27, which
 2007  relationship or orders contemplate the performance of medical
 2008  acts, or when a physician enters into an established protocol
 2009  with an advanced practice registered nurse advanced registered
 2010  nurse practitioner, which protocol contemplates the performance
 2011  of medical acts set forth in s. 464.012(3) and (4), the
 2012  physician shall submit notice to the board. The notice shall
 2013  contain a statement in substantially the following form:
 2014  
 2015         I, ...(name and professional license number of
 2016  physician)..., of ...(address of physician)... have hereby
 2017  entered into a formal supervisory relationship, standing orders,
 2018  or an established protocol with ...(number of persons)...
 2019  emergency medical technician(s), ...(number of persons)...
 2020  paramedic(s), or ...(number of persons)... advanced practice
 2021  registered nurse(s) advanced registered nurse practitioner(s).
 2022  
 2023         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
 2024  physician who supervises an advanced practice registered nurse
 2025  advanced registered nurse practitioner or physician assistant at
 2026  a medical office other than the physician’s primary practice
 2027  location, where the advanced practice registered nurse advanced
 2028  registered nurse practitioner or physician assistant is not
 2029  under the onsite supervision of a supervising physician, must
 2030  comply with the standards set forth in this subsection. For the
 2031  purpose of this subsection, a physician’s “primary practice
 2032  location” means the address reflected on the physician’s profile
 2033  published pursuant to s. 456.041.
 2034         (a) A physician who is engaged in providing primary health
 2035  care services may not supervise more than four offices in
 2036  addition to the physician’s primary practice location. For the
 2037  purpose of this subsection, “primary health care” means health
 2038  care services that are commonly provided to patients without
 2039  referral from another practitioner, including obstetrical and
 2040  gynecological services, and excludes practices providing
 2041  primarily dermatologic and skin care services, which include
 2042  aesthetic skin care services.
 2043         (b) A physician who is engaged in providing specialty
 2044  health care services may not supervise more than two offices in
 2045  addition to the physician’s primary practice location. For the
 2046  purpose of this subsection, “specialty health care” means health
 2047  care services that are commonly provided to patients with a
 2048  referral from another practitioner and excludes practices
 2049  providing primarily dermatologic and skin care services, which
 2050  include aesthetic skin care services.
 2051         (c) A physician who supervises an advanced practice
 2052  registered nurse advanced registered nurse practitioner or
 2053  physician assistant at a medical office other than the
 2054  physician’s primary practice location, where the advanced
 2055  practice registered nurse advanced registered nurse practitioner
 2056  or physician assistant is not under the onsite supervision of a
 2057  supervising physician and the services offered at the office are
 2058  primarily dermatologic or skin care services, which include
 2059  aesthetic skin care services other than plastic surgery, must
 2060  comply with the standards listed in subparagraphs 1.-4.
 2061  Notwithstanding s. 458.347(4)(e)6., a physician supervising a
 2062  physician assistant pursuant to this paragraph may not be
 2063  required to review and cosign charts or medical records prepared
 2064  by such physician assistant.
 2065         1. The physician shall submit to the board the addresses of
 2066  all offices where he or she is supervising an advanced practice
 2067  registered nurse advanced registered nurse practitioner or a
 2068  physician’s assistant which are not the physician’s primary
 2069  practice location.
 2070         2. The physician must be board certified or board eligible
 2071  in dermatology or plastic surgery as recognized by the board
 2072  pursuant to s. 458.3312.
 2073         3. All such offices that are not the physician’s primary
 2074  place of practice must be within 25 miles of the physician’s
 2075  primary place of practice or in a county that is contiguous to
 2076  the county of the physician’s primary place of practice.
 2077  However, the distance between any of the offices may not exceed
 2078  75 miles.
 2079         4. The physician may supervise only one office other than
 2080  the physician’s primary place of practice except that until July
 2081  1, 2011, the physician may supervise up to two medical offices
 2082  other than the physician’s primary place of practice if the
 2083  addresses of the offices are submitted to the board before July
 2084  1, 2006. Effective July 1, 2011, the physician may supervise
 2085  only one office other than the physician’s primary place of
 2086  practice, regardless of when the addresses of the offices were
 2087  submitted to the board.
 2088         (d) A physician who supervises an office in addition to the
 2089  physician’s primary practice location must conspicuously post in
 2090  each of the physician’s offices a current schedule of the
 2091  regular hours when the physician is present in that office and
 2092  the hours when the office is open while the physician is not
 2093  present.
 2094         (e) This subsection does not apply to health care services
 2095  provided in facilities licensed under chapter 395 or in
 2096  conjunction with a college of medicine, a college of nursing, an
 2097  accredited graduate medical program, or a nursing education
 2098  program; not-for-profit, family-planning clinics that are not
 2099  licensed pursuant to chapter 390; rural and federally qualified
 2100  health centers; health care services provided in a nursing home
 2101  licensed under part II of chapter 400, an assisted living
 2102  facility licensed under part I of chapter 429, a continuing care
 2103  facility licensed under chapter 651, or a retirement community
 2104  consisting of independent living units and a licensed nursing
 2105  home or assisted living facility; anesthesia services provided
 2106  in accordance with law; health care services provided in a
 2107  designated rural health clinic; health care services provided to
 2108  persons enrolled in a program designed to maintain elderly
 2109  persons and persons with disabilities in a home or community
 2110  based setting; university primary care student health centers;
 2111  school health clinics; or health care services provided in
 2112  federal, state, or local government facilities. Subsection (2)
 2113  and this subsection do not apply to offices at which the
 2114  exclusive service being performed is laser hair removal by an
 2115  advanced practice registered nurse advanced registered nurse
 2116  practitioner or physician assistant.
 2117         Section 52. Paragraph (c) of subsection (2) of section
 2118  459.0137, Florida Statutes, is amended to read:
 2119         459.0137 Pain-management clinics.—
 2120         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 2121  apply to any osteopathic physician who provides professional
 2122  services in a pain-management clinic that is required to be
 2123  registered in subsection (1).
 2124         (c) An osteopathic physician, a physician assistant, or an
 2125  advanced practice registered nurse advanced registered nurse
 2126  practitioner must perform a physical examination of a patient on
 2127  the same day that the physician prescribes a controlled
 2128  substance to a patient at a pain-management clinic. If the
 2129  osteopathic physician prescribes more than a 72-hour dose of
 2130  controlled substances for the treatment of chronic nonmalignant
 2131  pain, the osteopathic physician must document in the patient’s
 2132  record the reason for prescribing that quantity.
 2133         Section 53. Paragraph (hh) of subsection (1) of section
 2134  459.015, Florida Statutes, is amended to read:
 2135         459.015 Grounds for disciplinary action; action by the
 2136  board and department.—
 2137         (1) The following acts constitute grounds for denial of a
 2138  license or disciplinary action, as specified in s. 456.072(2):
 2139         (hh) Failing to supervise adequately the activities of
 2140  those physician assistants, paramedics, emergency medical
 2141  technicians, advanced practice registered nurses advanced
 2142  registered nurse practitioners, anesthesiologist assistants, or
 2143  other persons acting under the supervision of the osteopathic
 2144  physician.
 2145         Section 54. Paragraph (a) of subsection (1) and subsection
 2146  (3) of section 459.025, Florida Statutes, are amended to read:
 2147         459.025 Formal supervisory relationships, standing orders,
 2148  and established protocols; notice; standards.—
 2149         (1) NOTICE.—
 2150         (a) When an osteopathic physician enters into a formal
 2151  supervisory relationship or standing orders with an emergency
 2152  medical technician or paramedic licensed pursuant to s. 401.27,
 2153  which relationship or orders contemplate the performance of
 2154  medical acts, or when an osteopathic physician enters into an
 2155  established protocol with an advanced practice registered nurse
 2156  advanced registered nurse practitioner, which protocol
 2157  contemplates the performance of medical acts or acts set forth
 2158  in s. 464.012(3) and (4), the osteopathic physician shall submit
 2159  notice to the board. The notice must contain a statement in
 2160  substantially the following form:
 2161  
 2162         I, ...(name and professional license number of osteopathic
 2163  physician)..., of ...(address of osteopathic physician)... have
 2164  hereby entered into a formal supervisory relationship, standing
 2165  orders, or an established protocol with ...(number of
 2166  persons)... emergency medical technician(s), ...(number of
 2167  persons)... paramedic(s), or ...(number of persons)... advanced
 2168  practice registered nurse(s) advanced registered nurse
 2169  practitioner(s).
 2170         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
 2171  An osteopathic physician who supervises an advanced practice
 2172  registered nurse advanced registered nurse practitioner or
 2173  physician assistant at a medical office other than the
 2174  osteopathic physician’s primary practice location, where the
 2175  advanced practice registered nurse advanced registered nurse
 2176  practitioner or physician assistant is not under the onsite
 2177  supervision of a supervising osteopathic physician, must comply
 2178  with the standards set forth in this subsection. For the purpose
 2179  of this subsection, an osteopathic physician’s “primary practice
 2180  location” means the address reflected on the physician’s profile
 2181  published pursuant to s. 456.041.
 2182         (a) An osteopathic physician who is engaged in providing
 2183  primary health care services may not supervise more than four
 2184  offices in addition to the osteopathic physician’s primary
 2185  practice location. For the purpose of this subsection, “primary
 2186  health care” means health care services that are commonly
 2187  provided to patients without referral from another practitioner,
 2188  including obstetrical and gynecological services, and excludes
 2189  practices providing primarily dermatologic and skin care
 2190  services, which include aesthetic skin care services.
 2191         (b) An osteopathic physician who is engaged in providing
 2192  specialty health care services may not supervise more than two
 2193  offices in addition to the osteopathic physician’s primary
 2194  practice location. For the purpose of this subsection,
 2195  “specialty health care” means health care services that are
 2196  commonly provided to patients with a referral from another
 2197  practitioner and excludes practices providing primarily
 2198  dermatologic and skin care services, which include aesthetic
 2199  skin care services.
 2200         (c) An osteopathic physician who supervises an advanced
 2201  practice registered nurse advanced registered nurse practitioner
 2202  or physician assistant at a medical office other than the
 2203  osteopathic physician’s primary practice location, where the
 2204  advanced practice registered nurse advanced registered nurse
 2205  practitioner or physician assistant is not under the onsite
 2206  supervision of a supervising osteopathic physician and the
 2207  services offered at the office are primarily dermatologic or
 2208  skin care services, which include aesthetic skin care services
 2209  other than plastic surgery, must comply with the standards
 2210  listed in subparagraphs 1.-4. Notwithstanding s.
 2211  459.022(4)(e)6., an osteopathic physician supervising a
 2212  physician assistant pursuant to this paragraph may not be
 2213  required to review and cosign charts or medical records prepared
 2214  by such physician assistant.
 2215         1. The osteopathic physician shall submit to the Board of
 2216  Osteopathic Medicine the addresses of all offices where he or
 2217  she is supervising or has a protocol with an advanced practice
 2218  registered nurse advanced registered nurse practitioner or a
 2219  physician’s assistant which are not the osteopathic physician’s
 2220  primary practice location.
 2221         2. The osteopathic physician must be board certified or
 2222  board eligible in dermatology or plastic surgery as recognized
 2223  by the Board of Osteopathic Medicine pursuant to s. 459.0152.
 2224         3. All such offices that are not the osteopathic
 2225  physician’s primary place of practice must be within 25 miles of
 2226  the osteopathic physician’s primary place of practice or in a
 2227  county that is contiguous to the county of the osteopathic
 2228  physician’s primary place of practice. However, the distance
 2229  between any of the offices may not exceed 75 miles.
 2230         4. The osteopathic physician may supervise only one office
 2231  other than the osteopathic physician’s primary place of practice
 2232  except that until July 1, 2011, the osteopathic physician may
 2233  supervise up to two medical offices other than the osteopathic
 2234  physician’s primary place of practice if the addresses of the
 2235  offices are submitted to the Board of Osteopathic Medicine
 2236  before July 1, 2006. Effective July 1, 2011, the osteopathic
 2237  physician may supervise only one office other than the
 2238  osteopathic physician’s primary place of practice, regardless of
 2239  when the addresses of the offices were submitted to the Board of
 2240  Osteopathic Medicine.
 2241         (d) An osteopathic physician who supervises an office in
 2242  addition to the osteopathic physician’s primary practice
 2243  location must conspicuously post in each of the osteopathic
 2244  physician’s offices a current schedule of the regular hours when
 2245  the osteopathic physician is present in that office and the
 2246  hours when the office is open while the osteopathic physician is
 2247  not present.
 2248         (e) This subsection does not apply to health care services
 2249  provided in facilities licensed under chapter 395 or in
 2250  conjunction with a college of medicine or college of nursing or
 2251  an accredited graduate medical or nursing education program;
 2252  offices where the only service being performed is hair removal
 2253  by an advanced practice registered nurse advanced registered
 2254  nurse practitioner or physician assistant; not-for-profit,
 2255  family-planning clinics that are not licensed pursuant to
 2256  chapter 390; rural and federally qualified health centers;
 2257  health care services provided in a nursing home licensed under
 2258  part II of chapter 400, an assisted living facility licensed
 2259  under part I of chapter 429, a continuing care facility licensed
 2260  under chapter 651, or a retirement community consisting of
 2261  independent living units and either a licensed nursing home or
 2262  assisted living facility; anesthesia services provided in
 2263  accordance with law; health care services provided in a
 2264  designated rural health clinic; health care services provided to
 2265  persons enrolled in a program designed to maintain elderly
 2266  persons and persons with disabilities in a home or community
 2267  based setting; university primary care student health centers;
 2268  school health clinics; or health care services provided in
 2269  federal, state, or local government facilities.
 2270         Section 55. Subsection (2) of section 464.003, Florida
 2271  Statutes, is amended to read:
 2272         464.003 Definitions.—As used in this part, the term:
 2273         (2) “Advanced or specialized nursing practice” means, in
 2274  addition to the practice of professional nursing, the
 2275  performance of advanced-level nursing acts approved by the board
 2276  which, by virtue of postbasic specialized education, training,
 2277  and experience, are appropriately performed by an advanced
 2278  practice registered nurse advanced registered nurse
 2279  practitioner. Within the context of advanced or specialized
 2280  nursing practice, the advanced practice registered nurse
 2281  advanced registered nurse practitioner may perform acts of
 2282  nursing diagnosis and nursing treatment of alterations of the
 2283  health status. The advanced practice registered nurse advanced
 2284  registered nurse practitioner may also perform acts of medical
 2285  diagnosis and treatment, prescription, and operation as
 2286  authorized within the framework of an established supervisory
 2287  protocol. The department may, by rule, require that a copy of
 2288  the protocol be filed with the department along with the notice
 2289  required by s. 458.348.
 2290         Section 56. Subsection (2) of section 464.004, Florida
 2291  Statutes, is amended to read:
 2292         464.004 Board of Nursing; membership; appointment; terms.—
 2293         (2) Seven members of the board must be registered nurses
 2294  who are residents of this state and who have been engaged in the
 2295  practice of professional nursing for at least 4 years, including
 2296  at least one advanced practice registered nurse advanced
 2297  registered nurse practitioner, one nurse educator member of an
 2298  approved program, and one nurse executive. These seven board
 2299  members should be representative of the diverse areas of
 2300  practice within the nursing profession. In addition, three
 2301  members of the board must be licensed practical nurses who are
 2302  residents of this state and who have been actively engaged in
 2303  the practice of practical nursing for at least 4 years prior to
 2304  their appointment. The remaining three members must be residents
 2305  of the state who have never been licensed as nurses and who are
 2306  in no way connected with the practice of nursing. No person may
 2307  be appointed as a lay member who is in any way connected with,
 2308  or has any financial interest in, any health care facility,
 2309  agency, or insurer. At least one member of the board must be 60
 2310  years of age or older.
 2311         Section 57. Paragraph (b) of subsection (3) of section
 2312  464.013, Florida Statutes, is amended to read:
 2313         464.013 Renewal of license or certificate.—
 2314         (3) The board shall by rule prescribe up to 30 hours of
 2315  continuing education biennially as a condition for renewal of a
 2316  license or certificate.
 2317         (b) Notwithstanding the exemption in paragraph (a), as part
 2318  of the maximum 30 hours of continuing education hours required
 2319  under this subsection, advanced practice registered nurses
 2320  advanced registered nurse practitioners certified under s.
 2321  464.012 must complete at least 3 hours of continuing education
 2322  on the safe and effective prescription of controlled substances.
 2323  Such continuing education courses must be offered by a statewide
 2324  professional association of physicians in this state accredited
 2325  to provide educational activities designated for the American
 2326  Medical Association Physician’s Recognition Award Category 1
 2327  credit, the American Nurses Credentialing Center, the American
 2328  Association of Nurse Anesthetists, or the American Association
 2329  of Nurse Practitioners and may be offered in a distance learning
 2330  format.
 2331         Section 58. Subsections (8) and (9) of section 464.015,
 2332  Florida Statutes, are amended to read:
 2333         464.015 Titles and abbreviations; restrictions; penalty.—
 2334         (8) Only persons who hold valid certificates to practice as
 2335  advanced practice registered nurses advanced registered nurse
 2336  practitioners in this state may use the title “Advanced Practice
 2337  Registered Nurse “Advanced Registered Nurse Practitioner and
 2338  the abbreviation “A.P.R.N.” “A.R.N.P.”
 2339         (9) A person may not practice or advertise as, or assume
 2340  the title of, registered nurse, licensed practical nurse,
 2341  clinical nurse specialist, certified registered nurse
 2342  anesthetist, certified nurse midwife, or advanced practice
 2343  registered nurse advanced registered nurse practitioner or use
 2344  the abbreviation “R.N.,” “L.P.N.,” “C.N.S.,” “C.R.N.A.,”
 2345  “C.N.M.,” or “A.P.R.N.” “A.R.N.P. or take any other action that
 2346  would lead the public to believe that person was certified as
 2347  such or is performing nursing services pursuant to the exception
 2348  set forth in s. 464.022(8), unless that person is licensed or
 2349  certified to practice as such.
 2350         Section 59. Section 9 of chapter 2016-139, Laws of Florida,
 2351  is amended to read:
 2352         Section 9. Subsections (1), (2), and (9) of section
 2353  464.015, Florida Statutes, are amended to read:
 2354         464.015 Titles and abbreviations; restrictions; penalty.—
 2355         (1) Only a person who holds a license in this state or a
 2356  multistate license pursuant to s. 464.0095 to practice
 2357  professional nursing or who performs nursing services pursuant
 2358  to the exception set forth in s. 464.022(8) may use the title
 2359  “Registered Nurse” and the abbreviation “R.N.”
 2360         (2) Only a person who holds a license in this state or a
 2361  multistate license pursuant to s. 464.0095 to practice as a
 2362  licensed practical nurse or who performs practical nursing
 2363  services pursuant to the exception set forth in s. 464.022(8)
 2364  may use the title “Licensed Practical Nurse” and the
 2365  abbreviation “L.P.N.”
 2366         (9) A person may not practice or advertise as, or assume
 2367  the title of, registered nurse, licensed practical nurse,
 2368  clinical nurse specialist, certified registered nurse
 2369  anesthetist, certified nurse midwife, or advanced practice
 2370  registered nurse advanced registered nurse practitioner or use
 2371  the abbreviation “R.N.,” “L.P.N.,” “C.N.S.,” “C.R.N.A.,”
 2372  “C.N.M.,” or “A.P.R.N.” “A.R.N.P.” or take any other action that
 2373  would lead the public to believe that person was authorized by
 2374  law to practice as such or is performing nursing services
 2375  pursuant to the exception set forth in s. 464.022(8) unless that
 2376  person is licensed, certified, or authorized pursuant to s.
 2377  464.0095 to practice as such.
 2378         Section 60. Paragraph (a) of subsection (2) of section
 2379  464.016, Florida Statutes, is amended to read:
 2380         464.016 Violations and penalties.—
 2381         (2) Each of the following acts constitutes a misdemeanor of
 2382  the first degree, punishable as provided in s. 775.082 or s.
 2383  775.083:
 2384         (a) Using the name or title “Nurse,” “Registered Nurse,”
 2385  “Licensed Practical Nurse,” “Clinical Nurse Specialist,”
 2386  “Certified Registered Nurse Anesthetist,” “Certified Nurse
 2387  Midwife,” “Advanced Practice Registered Nurse,” “Advanced
 2388  Registered Nurse Practitioner,” or any other name or title which
 2389  implies that a person was licensed or certified as same, unless
 2390  such person is duly licensed or certified.
 2391         Section 61. Paragraphs (p) and (q) of subsection (1) of
 2392  section 464.018, Florida Statutes, are amended to read:
 2393         464.018 Disciplinary actions.—
 2394         (1) The following acts constitute grounds for denial of a
 2395  license or disciplinary action, as specified in s. 456.072(2):
 2396         (p) For an advanced practice registered nurse advanced
 2397  registered nurse practitioner:
 2398         1. Presigning blank prescription forms.
 2399         2. Prescribing for office use any medicinal drug appearing
 2400  on Schedule II in chapter 893.
 2401         3. Prescribing, ordering, dispensing, administering,
 2402  supplying, selling, or giving a drug that is an amphetamine, a
 2403  sympathomimetic amine drug, or a compound designated in s.
 2404  893.03(2) as a Schedule II controlled substance, to or for any
 2405  person except for:
 2406         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2407  syndrome in children characterized by the developmentally
 2408  inappropriate symptoms of moderate to severe distractibility,
 2409  short attention span, hyperactivity, emotional lability, and
 2410  impulsivity; or drug-induced brain dysfunction.
 2411         b. The differential diagnostic psychiatric evaluation of
 2412  depression or the treatment of depression shown to be refractory
 2413  to other therapeutic modalities.
 2414         c. The clinical investigation of the effects of such drugs
 2415  or compounds when an investigative protocol is submitted to,
 2416  reviewed by, and approved by the department before such
 2417  investigation is begun.
 2418         4. Prescribing, ordering, dispensing, administering,
 2419  supplying, selling, or giving growth hormones, testosterone or
 2420  its analogs, human chorionic gonadotropin (HCG), or other
 2421  hormones for the purpose of muscle building or to enhance
 2422  athletic performance. As used in this subparagraph, the term
 2423  “muscle building” does not include the treatment of injured
 2424  muscle. A prescription written for the drug products identified
 2425  in this subparagraph may be dispensed by a pharmacist with the
 2426  presumption that the prescription is for legitimate medical use.
 2427         5. Promoting or advertising on any prescription form a
 2428  community pharmacy unless the form also states: “This
 2429  prescription may be filled at any pharmacy of your choice.”
 2430         6. Prescribing, dispensing, administering, mixing, or
 2431  otherwise preparing a legend drug, including a controlled
 2432  substance, other than in the course of his or her professional
 2433  practice. For the purposes of this subparagraph, it is legally
 2434  presumed that prescribing, dispensing, administering, mixing, or
 2435  otherwise preparing legend drugs, including all controlled
 2436  substances, inappropriately or in excessive or inappropriate
 2437  quantities is not in the best interest of the patient and is not
 2438  in the course of the advanced practice registered nurse’s
 2439  advanced registered nurse practitioner’s professional practice,
 2440  without regard to his or her intent.
 2441         7. Prescribing, dispensing, or administering a medicinal
 2442  drug appearing on any schedule set forth in chapter 893 to
 2443  himself or herself, except a drug prescribed, dispensed, or
 2444  administered to the advanced practice registered nurse advanced
 2445  registered nurse practitioner by another practitioner authorized
 2446  to prescribe, dispense, or administer medicinal drugs.
 2447         8. Prescribing, ordering, dispensing, administering,
 2448  supplying, selling, or giving amygdalin (laetrile) to any
 2449  person.
 2450         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2451  as a substance controlled in Schedule II or Schedule III,
 2452  respectively, in violation of s. 465.0276.
 2453         10. Promoting or advertising through any communication
 2454  medium the use, sale, or dispensing of a substance designated in
 2455  s. 893.03 as a controlled substance.
 2456         (q) For a psychiatric nurse:
 2457         1. Presigning blank prescription forms.
 2458         2. Prescribing for office use any medicinal drug appearing
 2459  in Schedule II of s. 893.03.
 2460         3. Prescribing, ordering, dispensing, administering,
 2461  supplying, selling, or giving a drug that is an amphetamine, a
 2462  sympathomimetic amine drug, or a compound designated in s.
 2463  893.03(2) as a Schedule II controlled substance, to or for any
 2464  person except for:
 2465         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2466  syndrome in children characterized by the developmentally
 2467  inappropriate symptoms of moderate to severe distractibility,
 2468  short attention span, hyperactivity, emotional lability, and
 2469  impulsivity; or drug-induced brain dysfunction.
 2470         b. The differential diagnostic psychiatric evaluation of
 2471  depression or the treatment of depression shown to be refractory
 2472  to other therapeutic modalities.
 2473         c. The clinical investigation of the effects of such drugs
 2474  or compounds when an investigative protocol is submitted to,
 2475  reviewed by, and approved by the department before such
 2476  investigation is begun.
 2477         4. Prescribing, ordering, dispensing, administering,
 2478  supplying, selling, or giving growth hormones, testosterone or
 2479  its analogs, human chorionic gonadotropin (HCG), or other
 2480  hormones for the purpose of muscle building or to enhance
 2481  athletic performance. As used in this subparagraph, the term
 2482  “muscle building” does not include the treatment of injured
 2483  muscle. A prescription written for the drug products identified
 2484  in this subparagraph may be dispensed by a pharmacist with the
 2485  presumption that the prescription is for legitimate medical use.
 2486         5. Promoting or advertising on any prescription form a
 2487  community pharmacy unless the form also states: “This
 2488  prescription may be filled at any pharmacy of your choice.”
 2489         6. Prescribing, dispensing, administering, mixing, or
 2490  otherwise preparing a legend drug, including a controlled
 2491  substance, other than in the course of his or her professional
 2492  practice. For the purposes of this subparagraph, it is legally
 2493  presumed that prescribing, dispensing, administering, mixing, or
 2494  otherwise preparing legend drugs, including all controlled
 2495  substances, inappropriately or in excessive or inappropriate
 2496  quantities is not in the best interest of the patient and is not
 2497  in the course of the advanced practice registered nurse’s
 2498  advanced registered nurse practitioner’s professional practice,
 2499  without regard to his or her intent.
 2500         7. Prescribing, dispensing, or administering a medicinal
 2501  drug appearing on any schedule set forth in chapter 893 to
 2502  himself or herself, except a drug prescribed, dispensed, or
 2503  administered to the psychiatric nurse by another practitioner
 2504  authorized to prescribe, dispense, or administer medicinal
 2505  drugs.
 2506         8. Prescribing, ordering, dispensing, administering,
 2507  supplying, selling, or giving amygdalin (laetrile) to any
 2508  person.
 2509         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2510  as a substance controlled in Schedule II or Schedule III,
 2511  respectively, in violation of s. 465.0276.
 2512         10. Promoting or advertising through any communication
 2513  medium the use, sale, or dispensing of a substance designated in
 2514  s. 893.03 as a controlled substance.
 2515         Section 62. Section 10 of chapter 2016-139, Laws of
 2516  Florida, as amended, is amended to read:
 2517         Section 10. Subsections (1) and (2) of section 464.018,
 2518  Florida Statutes, are amended to read:
 2519         464.018 Disciplinary actions.—
 2520         (1) The following acts constitute grounds for denial of a
 2521  license or disciplinary action, as specified in ss. 456.072(2)
 2522  and 464.0095:
 2523         (a) Procuring, attempting to procure, or renewing a license
 2524  to practice nursing or the authority to practice practical or
 2525  professional nursing pursuant to s. 464.0095 by bribery, by
 2526  knowing misrepresentations, or through an error of the
 2527  department or the board.
 2528         (b) Having a license to practice nursing revoked,
 2529  suspended, or otherwise acted against, including the denial of
 2530  licensure, by the licensing authority of another state,
 2531  territory, or country.
 2532         (c) Being convicted or found guilty of, or entering a plea
 2533  of guilty or nolo contendere to, regardless of adjudication, a
 2534  crime in any jurisdiction which directly relates to the practice
 2535  of nursing or to the ability to practice nursing.
 2536         (d) Being convicted or found guilty of, or entering a plea
 2537  of guilty or nolo contendere to, regardless of adjudication, any
 2538  of the following offenses:
 2539         1. A forcible felony as defined in chapter 776.
 2540         2. A violation of chapter 812, relating to theft, robbery,
 2541  and related crimes.
 2542         3. A violation of chapter 817, relating to fraudulent
 2543  practices.
 2544         4. A violation of chapter 800, relating to lewdness and
 2545  indecent exposure.
 2546         5. A violation of chapter 784, relating to assault,
 2547  battery, and culpable negligence.
 2548         6. A violation of chapter 827, relating to child abuse.
 2549         7. A violation of chapter 415, relating to protection from
 2550  abuse, neglect, and exploitation.
 2551         8. A violation of chapter 39, relating to child abuse,
 2552  abandonment, and neglect.
 2553         9. For an applicant for a multistate license or for a
 2554  multistate licenseholder under s. 464.0095, a felony offense
 2555  under Florida law or federal criminal law.
 2556         (e) Having been found guilty of, regardless of
 2557  adjudication, or entered a plea of nolo contendere or guilty to,
 2558  any offense prohibited under s. 435.04 or similar statute of
 2559  another jurisdiction; or having committed an act which
 2560  constitutes domestic violence as defined in s. 741.28.
 2561         (f) Making or filing a false report or record, which the
 2562  nurse knows to be false, intentionally or negligently failing to
 2563  file a report or record required by state or federal law,
 2564  willfully impeding or obstructing such filing or inducing
 2565  another person to do so. Such reports or records shall include
 2566  only those which are signed in the nurse’s capacity as a
 2567  licensed nurse.
 2568         (g) False, misleading, or deceptive advertising.
 2569         (h) Unprofessional conduct, as defined by board rule.
 2570         (i) Engaging or attempting to engage in the possession,
 2571  sale, or distribution of controlled substances as set forth in
 2572  chapter 893, for any other than legitimate purposes authorized
 2573  by this part.
 2574         (j) Being unable to practice nursing with reasonable skill
 2575  and safety to patients by reason of illness or use of alcohol,
 2576  drugs, narcotics, or chemicals or any other type of material or
 2577  as a result of any mental or physical condition. In enforcing
 2578  this paragraph, the department shall have, upon a finding of the
 2579  State Surgeon General or the State Surgeon General’s designee
 2580  that probable cause exists to believe that the nurse is unable
 2581  to practice nursing because of the reasons stated in this
 2582  paragraph, the authority to issue an order to compel a nurse to
 2583  submit to a mental or physical examination by physicians
 2584  designated by the department. If the nurse refuses to comply
 2585  with such order, the department’s order directing such
 2586  examination may be enforced by filing a petition for enforcement
 2587  in the circuit court where the nurse resides or does business.
 2588  The nurse against whom the petition is filed shall not be named
 2589  or identified by initials in any public court records or
 2590  documents, and the proceedings shall be closed to the public.
 2591  The department shall be entitled to the summary procedure
 2592  provided in s. 51.011. A nurse affected by this paragraph shall
 2593  at reasonable intervals be afforded an opportunity to
 2594  demonstrate that she or he can resume the competent practice of
 2595  nursing with reasonable skill and safety to patients.
 2596         (k) Failing to report to the department any person who the
 2597  nurse knows is in violation of this part or of the rules of the
 2598  department or the board. However, a person who the licensee
 2599  knows is unable to practice nursing with reasonable skill and
 2600  safety to patients by reason of illness or use of alcohol,
 2601  drugs, narcotics, chemicals, or any other type of material, or
 2602  as a result of a mental or physical condition, may be reported
 2603  to a consultant operating an impaired practitioner program as
 2604  described in s. 456.076 rather than to the department.
 2605         (l) Knowingly violating any provision of this part, a rule
 2606  of the board or the department, or a lawful order of the board
 2607  or department previously entered in a disciplinary proceeding or
 2608  failing to comply with a lawfully issued subpoena of the
 2609  department.
 2610         (m) Failing to report to the department any licensee under
 2611  chapter 458 or under chapter 459 who the nurse knows has
 2612  violated the grounds for disciplinary action set out in the law
 2613  under which that person is licensed and who provides health care
 2614  services in a facility licensed under chapter 395, or a health
 2615  maintenance organization certificated under part I of chapter
 2616  641, in which the nurse also provides services.
 2617         (n) Failing to meet minimal standards of acceptable and
 2618  prevailing nursing practice, including engaging in acts for
 2619  which the nurse is not qualified by training or experience.
 2620         (o) Violating any provision of this chapter or chapter 456,
 2621  or any rules adopted pursuant thereto.
 2622         (p) For an advanced practice registered nurse advanced
 2623  registered nurse practitioner:
 2624         1. Presigning blank prescription forms.
 2625         2. Prescribing for office use any medicinal drug appearing
 2626  on Schedule II in chapter 893.
 2627         3. Prescribing, ordering, dispensing, administering,
 2628  supplying, selling, or giving a drug that is an amphetamine, a
 2629  sympathomimetic amine drug, or a compound designated in s.
 2630  893.03(2) as a Schedule II controlled substance, to or for any
 2631  person except for:
 2632         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2633  syndrome in children characterized by the developmentally
 2634  inappropriate symptoms of moderate to severe distractibility,
 2635  short attention span, hyperactivity, emotional lability, and
 2636  impulsivity; or drug-induced brain dysfunction.
 2637         b. The differential diagnostic psychiatric evaluation of
 2638  depression or the treatment of depression shown to be refractory
 2639  to other therapeutic modalities.
 2640         c. The clinical investigation of the effects of such drugs
 2641  or compounds when an investigative protocol is submitted to,
 2642  reviewed by, and approved by the department before such
 2643  investigation is begun.
 2644         4. Prescribing, ordering, dispensing, administering,
 2645  supplying, selling, or giving growth hormones, testosterone or
 2646  its analogs, human chorionic gonadotropin (HCG), or other
 2647  hormones for the purpose of muscle building or to enhance
 2648  athletic performance. As used in this subparagraph, the term
 2649  “muscle building” does not include the treatment of injured
 2650  muscle. A prescription written for the drug products identified
 2651  in this subparagraph may be dispensed by a pharmacist with the
 2652  presumption that the prescription is for legitimate medical use.
 2653         5. Promoting or advertising on any prescription form a
 2654  community pharmacy unless the form also states: “This
 2655  prescription may be filled at any pharmacy of your choice.”
 2656         6. Prescribing, dispensing, administering, mixing, or
 2657  otherwise preparing a legend drug, including a controlled
 2658  substance, other than in the course of his or her professional
 2659  practice. For the purposes of this subparagraph, it is legally
 2660  presumed that prescribing, dispensing, administering, mixing, or
 2661  otherwise preparing legend drugs, including all controlled
 2662  substances, inappropriately or in excessive or inappropriate
 2663  quantities is not in the best interest of the patient and is not
 2664  in the course of the advanced practice registered nurse’s
 2665  advanced registered nurse practitioner’s professional practice,
 2666  without regard to his or her intent.
 2667         7. Prescribing, dispensing, or administering a medicinal
 2668  drug appearing on any schedule set forth in chapter 893 to
 2669  himself or herself, except a drug prescribed, dispensed, or
 2670  administered to the advanced practice registered nurse advanced
 2671  registered nurse practitioner by another practitioner authorized
 2672  to prescribe, dispense, or administer medicinal drugs.
 2673         8. Prescribing, ordering, dispensing, administering,
 2674  supplying, selling, or giving amygdalin (laetrile) to any
 2675  person.
 2676         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2677  as a substance controlled in Schedule II or Schedule III,
 2678  respectively, in violation of s. 465.0276.
 2679         10. Promoting or advertising through any communication
 2680  medium the use, sale, or dispensing of a substance designated in
 2681  s. 893.03 as a controlled substance.
 2682         (q) For a psychiatric nurse:
 2683         1. Presigning blank prescription forms.
 2684         2. Prescribing for office use any medicinal drug appearing
 2685  in Schedule II of s. 893.03.
 2686         3. Prescribing, ordering, dispensing, administering,
 2687  supplying, selling, or giving a drug that is an amphetamine, a
 2688  sympathomimetic amine drug, or a compound designated in s.
 2689  893.03(2) as a Schedule II controlled substance, to or for any
 2690  person except for:
 2691         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2692  syndrome in children characterized by the developmentally
 2693  inappropriate symptoms of moderate to severe distractibility,
 2694  short attention span, hyperactivity, emotional lability, and
 2695  impulsivity; or drug-induced brain dysfunction.
 2696         b. The differential diagnostic psychiatric evaluation of
 2697  depression or the treatment of depression shown to be refractory
 2698  to other therapeutic modalities.
 2699         c. The clinical investigation of the effects of such drugs
 2700  or compounds when an investigative protocol is submitted to,
 2701  reviewed by, and approved by the department before such
 2702  investigation is begun.
 2703         4. Prescribing, ordering, dispensing, administering,
 2704  supplying, selling, or giving growth hormones, testosterone or
 2705  its analogs, human chorionic gonadotropin (HCG), or other
 2706  hormones for the purpose of muscle building or to enhance
 2707  athletic performance. As used in this subparagraph, the term
 2708  “muscle building” does not include the treatment of injured
 2709  muscle. A prescription written for the drug products identified
 2710  in this subparagraph may be dispensed by a pharmacist with the
 2711  presumption that the prescription is for legitimate medical use.
 2712         5. Promoting or advertising on any prescription form a
 2713  community pharmacy unless the form also states: “This
 2714  prescription may be filled at any pharmacy of your choice.”
 2715         6. Prescribing, dispensing, administering, mixing, or
 2716  otherwise preparing a legend drug, including a controlled
 2717  substance, other than in the course of his or her professional
 2718  practice. For the purposes of this subparagraph, it is legally
 2719  presumed that prescribing, dispensing, administering, mixing, or
 2720  otherwise preparing legend drugs, including all controlled
 2721  substances, inappropriately or in excessive or inappropriate
 2722  quantities is not in the best interest of the patient and is not
 2723  in the course of the advanced practice registered nurse’s
 2724  advanced registered nurse practitioner’s professional practice,
 2725  without regard to his or her intent.
 2726         7. Prescribing, dispensing, or administering a medicinal
 2727  drug appearing on any schedule set forth in chapter 893 to
 2728  himself or herself, except a drug prescribed, dispensed, or
 2729  administered to the psychiatric nurse by another practitioner
 2730  authorized to prescribe, dispense, or administer medicinal
 2731  drugs.
 2732         8. Prescribing, ordering, dispensing, administering,
 2733  supplying, selling, or giving amygdalin (laetrile) to any
 2734  person.
 2735         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2736  as a substance controlled in Schedule II or Schedule III,
 2737  respectively, in violation of s. 465.0276.
 2738         10. Promoting or advertising through any communication
 2739  medium the use, sale, or dispensing of a substance designated in
 2740  s. 893.03 as a controlled substance.
 2741         (2)(a) The board may enter an order denying licensure or
 2742  imposing any of the penalties in s. 456.072(2) against any
 2743  applicant for licensure or nurse who is found guilty of
 2744  violating subsection (1) or s. 456.072(1).
 2745         (b) The board may take adverse action against a nurse’s
 2746  multistate licensure privilege and impose any of the penalties
 2747  in s. 456.072(2) when the nurse is found guilty of violating
 2748  subsection (1) or s. 456.072(1).
 2749         Section 63. Paragraph (a) of subsection (4) of section
 2750  464.0205, Florida Statutes, is amended to read:
 2751         464.0205 Retired volunteer nurse certificate.—
 2752         (4) A retired volunteer nurse receiving certification from
 2753  the board shall:
 2754         (a) Work under the direct supervision of the director of a
 2755  county health department, a physician working under a limited
 2756  license issued pursuant to s. 458.317 or s. 459.0075, a
 2757  physician licensed under chapter 458 or chapter 459, an advanced
 2758  practice registered nurse advanced registered nurse practitioner
 2759  certified under s. 464.012, or a registered nurse licensed under
 2760  s. 464.008 or s. 464.009.
 2761         Section 64. Subsection (2) of section 467.003, Florida
 2762  Statutes, is amended to read:
 2763         467.003 Definitions.—As used in this chapter, unless the
 2764  context otherwise requires:
 2765         (2) “Certified nurse midwife” means a person who is
 2766  licensed as an advanced practice registered nurse advanced
 2767  registered nurse practitioner under part I of chapter 464 and
 2768  who is certified to practice midwifery by the American College
 2769  of Nurse Midwives.
 2770         Section 65. Subsection (1) of section 480.0475, Florida
 2771  Statutes, is amended to read:
 2772         480.0475 Massage establishments; prohibited practices.—
 2773         (1) A person may not operate a massage establishment
 2774  between the hours of midnight and 5 a.m. This subsection does
 2775  not apply to a massage establishment:
 2776         (a) Located on the premises of a health care facility as
 2777  defined in s. 408.07; a health care clinic as defined in s.
 2778  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 2779  terms are defined in s. 509.242; a timeshare property as defined
 2780  in s. 721.05; a public airport as defined in s. 330.27; or a
 2781  pari-mutuel facility as defined in s. 550.002;
 2782         (b) In which every massage performed between the hours of
 2783  midnight and 5 a.m. is performed by a massage therapist acting
 2784  under the prescription of a physician or physician assistant
 2785  licensed under chapter 458, an osteopathic physician or
 2786  physician assistant licensed under chapter 459, a chiropractic
 2787  physician licensed under chapter 460, a podiatric physician
 2788  licensed under chapter 461, an advanced practice registered
 2789  nurse advanced registered nurse practitioner licensed under part
 2790  I of chapter 464, or a dentist licensed under chapter 466; or
 2791         (c) Operating during a special event if the county or
 2792  municipality in which the establishment operates has approved
 2793  such operation during the special event.
 2794         Section 66. Subsection (7) of section 483.041, Florida
 2795  Statutes, is amended to read:
 2796         483.041 Definitions.—As used in this part, the term:
 2797         (7) “Licensed practitioner” means a physician licensed
 2798  under chapter 458, chapter 459, chapter 460, or chapter 461; a
 2799  certified optometrist licensed under chapter 463; a dentist
 2800  licensed under chapter 466; a person licensed under chapter 462;
 2801  a consultant pharmacist or doctor of pharmacy licensed under
 2802  chapter 465; or an advanced practice registered nurse advanced
 2803  registered nurse practitioner licensed under part I of chapter
 2804  464; or a duly licensed practitioner from another state licensed
 2805  under similar statutes who orders examinations on materials or
 2806  specimens for nonresidents of the State of Florida, but who
 2807  reside in the same state as the requesting licensed
 2808  practitioner.
 2809         Section 67. Subsection (5) of section 483.801, Florida
 2810  Statutes, is amended to read:
 2811         483.801 Exemptions.—This part applies to all clinical
 2812  laboratories and clinical laboratory personnel within this
 2813  state, except:
 2814         (5) Advanced practice registered nurses advanced registered
 2815  nurse practitioners licensed under part I of chapter 464 who
 2816  perform provider-performed microscopy procedures (PPMP) in an
 2817  exclusive-use laboratory setting.
 2818         Section 68. Paragraph (a) of subsection (11) of section
 2819  486.021, Florida Statutes, is amended to read:
 2820         486.021 Definitions.—In this chapter, unless the context
 2821  otherwise requires, the term:
 2822         (11) “Practice of physical therapy” means the performance
 2823  of physical therapy assessments and the treatment of any
 2824  disability, injury, disease, or other health condition of human
 2825  beings, or the prevention of such disability, injury, disease,
 2826  or other condition of health, and rehabilitation as related
 2827  thereto by the use of the physical, chemical, and other
 2828  properties of air; electricity; exercise; massage; the
 2829  performance of acupuncture only upon compliance with the
 2830  criteria set forth by the Board of Medicine, when no penetration
 2831  of the skin occurs; the use of radiant energy, including
 2832  ultraviolet, visible, and infrared rays; ultrasound; water; the
 2833  use of apparatus and equipment in the application of the
 2834  foregoing or related thereto; the performance of tests of
 2835  neuromuscular functions as an aid to the diagnosis or treatment
 2836  of any human condition; or the performance of electromyography
 2837  as an aid to the diagnosis of any human condition only upon
 2838  compliance with the criteria set forth by the Board of Medicine.
 2839         (a) A physical therapist may implement a plan of treatment
 2840  developed by the physical therapist for a patient or provided
 2841  for a patient by a practitioner of record or by an advanced
 2842  practice registered nurse advanced registered nurse practitioner
 2843  licensed under s. 464.012. The physical therapist shall refer
 2844  the patient to or consult with a practitioner of record if the
 2845  patient’s condition is found to be outside the scope of physical
 2846  therapy. If physical therapy treatment for a patient is required
 2847  beyond 30 days for a condition not previously assessed by a
 2848  practitioner of record, the physical therapist shall have a
 2849  practitioner of record review and sign the plan. The requirement
 2850  that a physical therapist have a practitioner of record review
 2851  and sign a plan of treatment does not apply when a patient has
 2852  been physically examined by a physician licensed in another
 2853  state, the patient has been diagnosed by the physician as having
 2854  a condition for which physical therapy is required, and the
 2855  physical therapist is treating the condition. For purposes of
 2856  this paragraph, a health care practitioner licensed under
 2857  chapter 458, chapter 459, chapter 460, chapter 461, or chapter
 2858  466 and engaged in active practice is eligible to serve as a
 2859  practitioner of record.
 2860         Section 69. Paragraph (d) of subsection (1) of section
 2861  490.012, Florida Statutes, is amended to read:
 2862         490.012 Violations; penalties; injunction.—
 2863         (1)
 2864         (d) A person may not No person shall hold herself or
 2865  himself out by any title or description incorporating the word,
 2866  or a permutation of the word, “psychotherapy” unless such person
 2867  holds a valid, active license under chapter 458, chapter 459,
 2868  chapter 490, or chapter 491, or such person is certified as an
 2869  advanced practice registered nurse advanced registered nurse
 2870  practitioner, pursuant to s. 464.012, who has been determined by
 2871  the Board of Nursing as a specialist in psychiatric mental
 2872  health.
 2873         Section 70. Subsection (1) of section 491.0057, Florida
 2874  Statutes, is amended to read:
 2875         491.0057 Dual licensure as a marriage and family
 2876  therapist.—The department shall license as a marriage and family
 2877  therapist any person who demonstrates to the board that he or
 2878  she:
 2879         (1) Holds a valid, active license as a psychologist under
 2880  chapter 490 or as a clinical social worker or mental health
 2881  counselor under this chapter, or is certified under s. 464.012
 2882  as an advanced practice registered nurse advanced registered
 2883  nurse practitioner who has been determined by the Board of
 2884  Nursing as a specialist in psychiatric mental health.
 2885         Section 71. Paragraph (d) of subsection (1) and subsection
 2886  (2) of section 491.012, Florida Statutes, are amended to read:
 2887         491.012 Violations; penalty; injunction.—
 2888         (1) It is unlawful and a violation of this chapter for any
 2889  person to:
 2890         (d) Use the terms psychotherapist, sex therapist, or
 2891  juvenile sexual offender therapist unless such person is
 2892  licensed pursuant to this chapter or chapter 490, or is
 2893  certified under s. 464.012 as an advanced practice registered
 2894  nurse advanced registered nurse practitioner who has been
 2895  determined by the Board of Nursing as a specialist in
 2896  psychiatric mental health and the use of such terms is within
 2897  the scope of her or his practice based on education, training,
 2898  and licensure.
 2899         (2) It is unlawful and a violation of this chapter for any
 2900  person to describe her or his services using the following terms
 2901  or any derivative thereof, unless such person holds a valid,
 2902  active license under this chapter or chapter 490, or is
 2903  certified under s. 464.012 as an advanced practice registered
 2904  nurse advanced registered nurse practitioner who has been
 2905  determined by the Board of Nursing as a specialist in
 2906  psychiatric mental health and the use of such terms is within
 2907  the scope of her or his practice based on education, training,
 2908  and licensure:
 2909         (a) “Psychotherapy.”
 2910         (b) “Sex therapy.”
 2911         (c) “Sex counseling.”
 2912         (d) “Clinical social work.”
 2913         (e) “Psychiatric social work.”
 2914         (f) “Marriage and family therapy.”
 2915         (g) “Marriage and family counseling.”
 2916         (h) “Marriage counseling.”
 2917         (i) “Family counseling.”
 2918         (j) “Mental health counseling.”
 2919         Section 72. Subsection (2) of section 493.6108, Florida
 2920  Statutes, is amended to read:
 2921         493.6108 Investigation of applicants by Department of
 2922  Agriculture and Consumer Services.—
 2923         (2) In addition to subsection (1), the department shall
 2924  make an investigation of the general physical fitness of the
 2925  Class “G” applicant to bear a weapon or firearm. Determination
 2926  of physical fitness shall be certified by a physician or
 2927  physician assistant currently licensed pursuant to chapter 458,
 2928  chapter 459, or any similar law of another state or authorized
 2929  to act as a licensed physician by a federal agency or department
 2930  or by an advanced practice registered nurse advanced registered
 2931  nurse practitioner currently licensed pursuant to chapter 464.
 2932  Such certification shall be submitted on a form provided by the
 2933  department.
 2934         Section 73. Paragraph (b) of subsection (1) of section
 2935  627.357, Florida Statutes, is amended to read:
 2936         627.357 Medical malpractice self-insurance.—
 2937         (1) DEFINITIONS.—As used in this section, the term:
 2938         (b) “Health care provider” means any:
 2939         1. Hospital licensed under chapter 395.
 2940         2. Physician licensed, or physician assistant licensed,
 2941  under chapter 458.
 2942         3. Osteopathic physician or physician assistant licensed
 2943  under chapter 459.
 2944         4. Podiatric physician licensed under chapter 461.
 2945         5. Health maintenance organization certificated under part
 2946  I of chapter 641.
 2947         6. Ambulatory surgical center licensed under chapter 395.
 2948         7. Chiropractic physician licensed under chapter 460.
 2949         8. Psychologist licensed under chapter 490.
 2950         9. Optometrist licensed under chapter 463.
 2951         10. Dentist licensed under chapter 466.
 2952         11. Pharmacist licensed under chapter 465.
 2953         12. Registered nurse, licensed practical nurse, or advanced
 2954  practice registered nurse advanced registered nurse practitioner
 2955  licensed or registered under part I of chapter 464.
 2956         13. Other medical facility.
 2957         14. Professional association, partnership, corporation,
 2958  joint venture, or other association established by the
 2959  individuals set forth in subparagraphs 2., 3., 4., 7., 8., 9.,
 2960  10., 11., and 12. for professional activity.
 2961         Section 74. Subsection (6) of section 627.6471, Florida
 2962  Statutes, is amended to read:
 2963         627.6471 Contracts for reduced rates of payment;
 2964  limitations; coinsurance and deductibles.—
 2965         (6) If psychotherapeutic services are covered by a policy
 2966  issued by the insurer, the insurer shall provide eligibility
 2967  criteria for each group of health care providers licensed under
 2968  chapter 458, chapter 459, chapter 490, or chapter 491, which
 2969  include psychotherapy within the scope of their practice as
 2970  provided by law, or for any person who is certified as an
 2971  advanced practice registered nurse advanced registered nurse
 2972  practitioner in psychiatric mental health under s. 464.012. When
 2973  psychotherapeutic services are covered, eligibility criteria
 2974  shall be established by the insurer to be included in the
 2975  insurer’s criteria for selection of network providers. The
 2976  insurer may not discriminate against a health care provider by
 2977  excluding such practitioner from its provider network solely on
 2978  the basis of the practitioner’s license.
 2979         Section 75. Subsections (15) and (17) of section 627.6472,
 2980  Florida Statutes, are amended to read:
 2981         627.6472 Exclusive provider organizations.—
 2982         (15) If psychotherapeutic services are covered by a policy
 2983  issued by the insurer, the insurer shall provide eligibility
 2984  criteria for all groups of health care providers licensed under
 2985  chapter 458, chapter 459, chapter 490, or chapter 491, which
 2986  include psychotherapy within the scope of their practice as
 2987  provided by law, or for any person who is certified as an
 2988  advanced practice registered nurse advanced registered nurse
 2989  practitioner in psychiatric mental health under s. 464.012. When
 2990  psychotherapeutic services are covered, eligibility criteria
 2991  shall be established by the insurer to be included in the
 2992  insurer’s criteria for selection of network providers. The
 2993  insurer may not discriminate against a health care provider by
 2994  excluding such practitioner from its provider network solely on
 2995  the basis of the practitioner’s license.
 2996         (17) An exclusive provider organization shall not
 2997  discriminate with respect to participation as to any advanced
 2998  practice registered nurse advanced registered nurse practitioner
 2999  licensed and certified pursuant to s. 464.012, who is acting
 3000  within the scope of such license and certification, solely on
 3001  the basis of such license or certification. This subsection
 3002  shall not be construed to prohibit a plan from including
 3003  providers only to the extent necessary to meet the needs of the
 3004  plan’s enrollees or from establishing any measure designed to
 3005  maintain quality and control costs consistent with the
 3006  responsibilities of the plan.
 3007         Section 76. Paragraph (a) of subsection (1) of section
 3008  627.736, Florida Statutes, is amended to read:
 3009         627.736 Required personal injury protection benefits;
 3010  exclusions; priority; claims.—
 3011         (1) REQUIRED BENEFITS.—An insurance policy complying with
 3012  the security requirements of s. 627.733 must provide personal
 3013  injury protection to the named insured, relatives residing in
 3014  the same household, persons operating the insured motor vehicle,
 3015  passengers in the motor vehicle, and other persons struck by the
 3016  motor vehicle and suffering bodily injury while not an occupant
 3017  of a self-propelled vehicle, subject to subsection (2) and
 3018  paragraph (4)(e), to a limit of $10,000 in medical and
 3019  disability benefits and $5,000 in death benefits resulting from
 3020  bodily injury, sickness, disease, or death arising out of the
 3021  ownership, maintenance, or use of a motor vehicle as follows:
 3022         (a) Medical benefits.—Eighty percent of all reasonable
 3023  expenses for medically necessary medical, surgical, X-ray,
 3024  dental, and rehabilitative services, including prosthetic
 3025  devices and medically necessary ambulance, hospital, and nursing
 3026  services if the individual receives initial services and care
 3027  pursuant to subparagraph 1. within 14 days after the motor
 3028  vehicle accident. The medical benefits provide reimbursement
 3029  only for:
 3030         1. Initial services and care that are lawfully provided,
 3031  supervised, ordered, or prescribed by a physician licensed under
 3032  chapter 458 or chapter 459, a dentist licensed under chapter
 3033  466, or a chiropractic physician licensed under chapter 460 or
 3034  that are provided in a hospital or in a facility that owns, or
 3035  is wholly owned by, a hospital. Initial services and care may
 3036  also be provided by a person or entity licensed under part III
 3037  of chapter 401 which provides emergency transportation and
 3038  treatment.
 3039         2. Upon referral by a provider described in subparagraph
 3040  1., followup services and care consistent with the underlying
 3041  medical diagnosis rendered pursuant to subparagraph 1. which may
 3042  be provided, supervised, ordered, or prescribed only by a
 3043  physician licensed under chapter 458 or chapter 459, a
 3044  chiropractic physician licensed under chapter 460, a dentist
 3045  licensed under chapter 466, or, to the extent permitted by
 3046  applicable law and under the supervision of such physician,
 3047  osteopathic physician, chiropractic physician, or dentist, by a
 3048  physician assistant licensed under chapter 458 or chapter 459 or
 3049  an advanced practice registered nurse advanced registered nurse
 3050  practitioner licensed under chapter 464. Followup services and
 3051  care may also be provided by the following persons or entities:
 3052         a. A hospital or ambulatory surgical center licensed under
 3053  chapter 395.
 3054         b. An entity wholly owned by one or more physicians
 3055  licensed under chapter 458 or chapter 459, chiropractic
 3056  physicians licensed under chapter 460, or dentists licensed
 3057  under chapter 466 or by such practitioners and the spouse,
 3058  parent, child, or sibling of such practitioners.
 3059         c. An entity that owns or is wholly owned, directly or
 3060  indirectly, by a hospital or hospitals.
 3061         d. A physical therapist licensed under chapter 486, based
 3062  upon a referral by a provider described in this subparagraph.
 3063         e. A health care clinic licensed under part X of chapter
 3064  400 which is accredited by an accrediting organization whose
 3065  standards incorporate comparable regulations required by this
 3066  state, or
 3067         (I) Has a medical director licensed under chapter 458,
 3068  chapter 459, or chapter 460;
 3069         (II) Has been continuously licensed for more than 3 years
 3070  or is a publicly traded corporation that issues securities
 3071  traded on an exchange registered with the United States
 3072  Securities and Exchange Commission as a national securities
 3073  exchange; and
 3074         (III) Provides at least four of the following medical
 3075  specialties:
 3076         (A) General medicine.
 3077         (B) Radiography.
 3078         (C) Orthopedic medicine.
 3079         (D) Physical medicine.
 3080         (E) Physical therapy.
 3081         (F) Physical rehabilitation.
 3082         (G) Prescribing or dispensing outpatient prescription
 3083  medication.
 3084         (H) Laboratory services.
 3085         3. Reimbursement for services and care provided in
 3086  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
 3087  licensed under chapter 458 or chapter 459, a dentist licensed
 3088  under chapter 466, a physician assistant licensed under chapter
 3089  458 or chapter 459, or an advanced practice registered nurse
 3090  advanced registered nurse practitioner licensed under chapter
 3091  464 has determined that the injured person had an emergency
 3092  medical condition.
 3093         4. Reimbursement for services and care provided in
 3094  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
 3095  provider listed in subparagraph 1. or subparagraph 2. determines
 3096  that the injured person did not have an emergency medical
 3097  condition.
 3098         5. Medical benefits do not include massage as defined in s.
 3099  480.033 or acupuncture as defined in s. 457.102, regardless of
 3100  the person, entity, or licensee providing massage or
 3101  acupuncture, and a licensed massage therapist or licensed
 3102  acupuncturist may not be reimbursed for medical benefits under
 3103  this section.
 3104         6. The Financial Services Commission shall adopt by rule
 3105  the form that must be used by an insurer and a health care
 3106  provider specified in sub-subparagraph 2.b., sub-subparagraph
 3107  2.c., or sub-subparagraph 2.e. to document that the health care
 3108  provider meets the criteria of this paragraph. Such rule must
 3109  include a requirement for a sworn statement or affidavit.
 3110  
 3111  Only insurers writing motor vehicle liability insurance in this
 3112  state may provide the required benefits of this section, and
 3113  such insurer may not require the purchase of any other motor
 3114  vehicle coverage other than the purchase of property damage
 3115  liability coverage as required by s. 627.7275 as a condition for
 3116  providing such benefits. Insurers may not require that property
 3117  damage liability insurance in an amount greater than $10,000 be
 3118  purchased in conjunction with personal injury protection. Such
 3119  insurers shall make benefits and required property damage
 3120  liability insurance coverage available through normal marketing
 3121  channels. An insurer writing motor vehicle liability insurance
 3122  in this state who fails to comply with such availability
 3123  requirement as a general business practice violates part IX of
 3124  chapter 626, and such violation constitutes an unfair method of
 3125  competition or an unfair or deceptive act or practice involving
 3126  the business of insurance. An insurer committing such violation
 3127  is subject to the penalties provided under that part, as well as
 3128  those provided elsewhere in the insurance code.
 3129         Section 77. Subsection (5) of section 633.412, Florida
 3130  Statutes, is amended to read:
 3131         633.412 Firefighters; qualifications for certification.—A
 3132  person applying for certification as a firefighter must:
 3133         (5) Be in good physical condition as determined by a
 3134  medical examination given by a physician, surgeon, or physician
 3135  assistant licensed to practice in the state pursuant to chapter
 3136  458; an osteopathic physician, surgeon, or physician assistant
 3137  licensed to practice in the state pursuant to chapter 459; or an
 3138  advanced practice registered nurse advanced registered nurse
 3139  practitioner licensed to practice in the state pursuant to
 3140  chapter 464. Such examination may include, but need not be
 3141  limited to, the National Fire Protection Association Standard
 3142  1582. A medical examination evidencing good physical condition
 3143  shall be submitted to the division, on a form as provided by
 3144  rule, before an individual is eligible for admission into a
 3145  course under s. 633.408.
 3146         Section 78. Section 641.3923, Florida Statutes, is amended
 3147  to read:
 3148         641.3923 Discrimination against providers prohibited.—A
 3149  health maintenance organization may shall not discriminate with
 3150  respect to participation as to any advanced practice registered
 3151  nurse advanced registered nurse practitioner licensed and
 3152  certified pursuant to s. 464.012, who is acting within the scope
 3153  of such license and certification, solely on the basis of such
 3154  license or certification. This section may shall not be
 3155  construed to prohibit a plan from including providers only to
 3156  the extent necessary to meet the needs of the plan’s enrollees
 3157  or from establishing any measure designed to maintain quality
 3158  and control costs consistent with the responsibilities of the
 3159  plan.
 3160         Section 79. Subsection (3) of section 766.103, Florida
 3161  Statutes, is amended to read:
 3162         766.103 Florida Medical Consent Law.—
 3163         (3) No recovery shall be allowed in any court in this state
 3164  against any physician licensed under chapter 458, osteopathic
 3165  physician licensed under chapter 459, chiropractic physician
 3166  licensed under chapter 460, podiatric physician licensed under
 3167  chapter 461, dentist licensed under chapter 466, advanced
 3168  practice registered nurse advanced registered nurse practitioner
 3169  certified under s. 464.012, or physician assistant licensed
 3170  under s. 458.347 or s. 459.022 in an action brought for
 3171  treating, examining, or operating on a patient without his or
 3172  her informed consent when:
 3173         (a)1. The action of the physician, osteopathic physician,
 3174  chiropractic physician, podiatric physician, dentist, advanced
 3175  practice registered nurse advanced registered nurse
 3176  practitioner, or physician assistant in obtaining the consent of
 3177  the patient or another person authorized to give consent for the
 3178  patient was in accordance with an accepted standard of medical
 3179  practice among members of the medical profession with similar
 3180  training and experience in the same or similar medical community
 3181  as that of the person treating, examining, or operating on the
 3182  patient for whom the consent is obtained; and
 3183         2. A reasonable individual, from the information provided
 3184  by the physician, osteopathic physician, chiropractic physician,
 3185  podiatric physician, dentist, advanced practice registered nurse
 3186  advanced registered nurse practitioner, or physician assistant,
 3187  under the circumstances, would have a general understanding of
 3188  the procedure, the medically acceptable alternative procedures
 3189  or treatments, and the substantial risks and hazards inherent in
 3190  the proposed treatment or procedures, which are recognized among
 3191  other physicians, osteopathic physicians, chiropractic
 3192  physicians, podiatric physicians, or dentists in the same or
 3193  similar community who perform similar treatments or procedures;
 3194  or
 3195         (b) The patient would reasonably, under all the surrounding
 3196  circumstances, have undergone such treatment or procedure had he
 3197  or she been advised by the physician, osteopathic physician,
 3198  chiropractic physician, podiatric physician, dentist, advanced
 3199  practice registered nurse advanced registered nurse
 3200  practitioner, or physician assistant in accordance with the
 3201  provisions of paragraph (a).
 3202         Section 80. Paragraph (d) of subsection (3) of section
 3203  766.1115, Florida Statutes, is amended to read:
 3204         766.1115 Health care providers; creation of agency
 3205  relationship with governmental contractors.—
 3206         (3) DEFINITIONS.—As used in this section, the term:
 3207         (d) “Health care provider” or “provider” means:
 3208         1. A birth center licensed under chapter 383.
 3209         2. An ambulatory surgical center licensed under chapter
 3210  395.
 3211         3. A hospital licensed under chapter 395.
 3212         4. A physician or physician assistant licensed under
 3213  chapter 458.
 3214         5. An osteopathic physician or osteopathic physician
 3215  assistant licensed under chapter 459.
 3216         6. A chiropractic physician licensed under chapter 460.
 3217         7. A podiatric physician licensed under chapter 461.
 3218         8. A registered nurse, nurse midwife, licensed practical
 3219  nurse, or advanced practice registered nurse advanced registered
 3220  nurse practitioner licensed or registered under part I of
 3221  chapter 464 or any facility which employs nurses licensed or
 3222  registered under part I of chapter 464 to supply all or part of
 3223  the care delivered under this section.
 3224         9. A midwife licensed under chapter 467.
 3225         10. A health maintenance organization certificated under
 3226  part I of chapter 641.
 3227         11. A health care professional association and its
 3228  employees or a corporate medical group and its employees.
 3229         12. Any other medical facility the primary purpose of which
 3230  is to deliver human medical diagnostic services or which
 3231  delivers nonsurgical human medical treatment, and which includes
 3232  an office maintained by a provider.
 3233         13. A dentist or dental hygienist licensed under chapter
 3234  466.
 3235         14. A free clinic that delivers only medical diagnostic
 3236  services or nonsurgical medical treatment free of charge to all
 3237  low-income recipients.
 3238         15. Any other health care professional, practitioner,
 3239  provider, or facility under contract with a governmental
 3240  contractor, including a student enrolled in an accredited
 3241  program that prepares the student for licensure as any one of
 3242  the professionals listed in subparagraphs 4.-9.
 3243  
 3244  The term includes any nonprofit corporation qualified as exempt
 3245  from federal income taxation under s. 501(a) of the Internal
 3246  Revenue Code, and described in s. 501(c) of the Internal Revenue
 3247  Code, which delivers health care services provided by licensed
 3248  professionals listed in this paragraph, any federally funded
 3249  community health center, and any volunteer corporation or
 3250  volunteer health care provider that delivers health care
 3251  services.
 3252         Section 81. Subsection (1) of section 766.1116, Florida
 3253  Statutes, is amended to read:
 3254         766.1116 Health care practitioner; waiver of license
 3255  renewal fees and continuing education requirements.—
 3256         (1) As used in this section, the term “health care
 3257  practitioner” means a physician or physician assistant licensed
 3258  under chapter 458; an osteopathic physician or physician
 3259  assistant licensed under chapter 459; a chiropractic physician
 3260  licensed under chapter 460; a podiatric physician licensed under
 3261  chapter 461; an advanced practice registered nurse advanced
 3262  registered nurse practitioner, registered nurse, or licensed
 3263  practical nurse licensed under part I of chapter 464; a dentist
 3264  or dental hygienist licensed under chapter 466; or a midwife
 3265  licensed under chapter 467, who participates as a health care
 3266  provider under s. 766.1115.
 3267         Section 82. Subsection (5) of section 794.08, Florida
 3268  Statutes, is amended to read:
 3269         794.08 Female genital mutilation.—
 3270         (5) This section does not apply to procedures performed by
 3271  or under the direction of a physician licensed under chapter
 3272  458, an osteopathic physician licensed under chapter 459, a
 3273  registered nurse licensed under part I of chapter 464, a
 3274  practical nurse licensed under part I of chapter 464, an
 3275  advanced practice registered nurse advanced registered nurse
 3276  practitioner licensed under part I of chapter 464, a midwife
 3277  licensed under chapter 467, or a physician assistant licensed
 3278  under chapter 458 or chapter 459 when necessary to preserve the
 3279  physical health of a female person. This section also does not
 3280  apply to any autopsy or limited dissection conducted pursuant to
 3281  chapter 406.
 3282         Section 83. Subsection (23) of section 893.02, Florida
 3283  Statutes, is amended to read:
 3284         893.02 Definitions.—The following words and phrases as used
 3285  in this chapter shall have the following meanings, unless the
 3286  context otherwise requires:
 3287         (23) “Practitioner” means a physician licensed under
 3288  chapter 458, a dentist licensed under chapter 466, a
 3289  veterinarian licensed under chapter 474, an osteopathic
 3290  physician licensed under chapter 459, an advanced practice
 3291  registered nurse advanced registered nurse practitioner
 3292  certified under chapter 464, a naturopath licensed under chapter
 3293  462, a certified optometrist licensed under chapter 463, a
 3294  psychiatric nurse as defined in s. 394.455, a podiatric
 3295  physician licensed under chapter 461, or a physician assistant
 3296  licensed under chapter 458 or chapter 459, provided such
 3297  practitioner holds a valid federal controlled substance registry
 3298  number.
 3299         Section 84. Paragraph (b) of subsection (1) of section
 3300  893.05, Florida Statutes, is amended to read:
 3301         893.05 Practitioners and persons administering controlled
 3302  substances in their absence.—
 3303         (1)
 3304         (b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s.
 3305  464.012(3), as applicable, a practitioner who supervises a
 3306  licensed physician assistant or advanced practice registered
 3307  nurse advanced registered nurse practitioner may authorize the
 3308  licensed physician assistant or advanced practice registered
 3309  nurse advanced registered nurse practitioner to order controlled
 3310  substances for administration to a patient in a facility
 3311  licensed under chapter 395 or part II of chapter 400.
 3312         Section 85. Subsection (6) of section 943.13, Florida
 3313  Statutes, is amended to read:
 3314         943.13 Officers’ minimum qualifications for employment or
 3315  appointment.—On or after October 1, 1984, any person employed or
 3316  appointed as a full-time, part-time, or auxiliary law
 3317  enforcement officer or correctional officer; on or after October
 3318  1, 1986, any person employed as a full-time, part-time, or
 3319  auxiliary correctional probation officer; and on or after
 3320  October 1, 1986, any person employed as a full-time, part-time,
 3321  or auxiliary correctional officer by a private entity under
 3322  contract to the Department of Corrections, to a county
 3323  commission, or to the Department of Management Services shall:
 3324         (6) Have passed a physical examination by a licensed
 3325  physician, physician assistant, or certified advanced practice
 3326  registered nurse advanced registered nurse practitioner, based
 3327  on specifications established by the commission. In order to be
 3328  eligible for the presumption set forth in s. 112.18 while
 3329  employed with an employing agency, a law enforcement officer,
 3330  correctional officer, or correctional probation officer must
 3331  have successfully passed the physical examination required by
 3332  this subsection upon entering into service as a law enforcement
 3333  officer, correctional officer, or correctional probation officer
 3334  with the employing agency, which examination must have failed to
 3335  reveal any evidence of tuberculosis, heart disease, or
 3336  hypertension. A law enforcement officer, correctional officer,
 3337  or correctional probation officer may not use a physical
 3338  examination from a former employing agency for purposes of
 3339  claiming the presumption set forth in s. 112.18 against the
 3340  current employing agency.
 3341         Section 86. Paragraph (n) of subsection (1) of section
 3342  948.03, Florida Statutes, is amended to read:
 3343         948.03 Terms and conditions of probation.—
 3344         (1) The court shall determine the terms and conditions of
 3345  probation. Conditions specified in this section do not require
 3346  oral pronouncement at the time of sentencing and may be
 3347  considered standard conditions of probation. These conditions
 3348  may include among them the following, that the probationer or
 3349  offender in community control shall:
 3350         (n) Be prohibited from using intoxicants to excess or
 3351  possessing any drugs or narcotics unless prescribed by a
 3352  physician, an advanced practice registered nurse advanced
 3353  registered nurse practitioner, or a physician assistant. The
 3354  probationer or community controllee may not knowingly visit
 3355  places where intoxicants, drugs, or other dangerous substances
 3356  are unlawfully sold, dispensed, or used.
 3357         Section 87. Paragraph (i) of subsection (3) of section
 3358  1002.20, Florida Statutes, is amended to read:
 3359         1002.20 K-12 student and parent rights.—Parents of public
 3360  school students must receive accurate and timely information
 3361  regarding their child’s academic progress and must be informed
 3362  of ways they can help their child to succeed in school. K-12
 3363  students and their parents are afforded numerous statutory
 3364  rights including, but not limited to, the following:
 3365         (3) HEALTH ISSUES.—
 3366         (i) Epinephrine use and supply.—
 3367         1. A student who has experienced or is at risk for life
 3368  threatening allergic reactions may carry an epinephrine auto
 3369  injector and self-administer epinephrine by auto-injector while
 3370  in school, participating in school-sponsored activities, or in
 3371  transit to or from school or school-sponsored activities if the
 3372  school has been provided with parental and physician
 3373  authorization. The State Board of Education, in cooperation with
 3374  the Department of Health, shall adopt rules for such use of
 3375  epinephrine auto-injectors that shall include provisions to
 3376  protect the safety of all students from the misuse or abuse of
 3377  auto-injectors. A school district, county health department,
 3378  public-private partner, and their employees and volunteers shall
 3379  be indemnified by the parent of a student authorized to carry an
 3380  epinephrine auto-injector for any and all liability with respect
 3381  to the student’s use of an epinephrine auto-injector pursuant to
 3382  this paragraph.
 3383         2. A public school may purchase a supply of epinephrine
 3384  auto-injectors from a wholesale distributor as defined in s.
 3385  499.003 or may enter into an arrangement with a wholesale
 3386  distributor or manufacturer as defined in s. 499.003 for the
 3387  epinephrine auto-injectors at fair-market, free, or reduced
 3388  prices for use in the event a student has an anaphylactic
 3389  reaction. The epinephrine auto-injectors must be maintained in a
 3390  secure location on the public school’s premises. The
 3391  participating school district shall adopt a protocol developed
 3392  by a licensed physician for the administration by school
 3393  personnel who are trained to recognize an anaphylactic reaction
 3394  and to administer an epinephrine auto-injection. The supply of
 3395  epinephrine auto-injectors may be provided to and used by a
 3396  student authorized to self-administer epinephrine by auto
 3397  injector under subparagraph 1. or trained school personnel.
 3398         3. The school district and its employees, agents, and the
 3399  physician who provides the standing protocol for school
 3400  epinephrine auto-injectors are not liable for any injury arising
 3401  from the use of an epinephrine auto-injector administered by
 3402  trained school personnel who follow the adopted protocol and
 3403  whose professional opinion is that the student is having an
 3404  anaphylactic reaction:
 3405         a. Unless the trained school personnel’s action is willful
 3406  and wanton;
 3407         b. Notwithstanding that the parents or guardians of the
 3408  student to whom the epinephrine is administered have not been
 3409  provided notice or have not signed a statement acknowledging
 3410  that the school district is not liable; and
 3411         c. Regardless of whether authorization has been given by
 3412  the student’s parents or guardians or by the student’s
 3413  physician, physician’s assistant, or advanced practice
 3414  registered nurse advanced registered nurse practitioner.
 3415         Section 88. Paragraph (b) of subsection (17) of section
 3416  1002.42, Florida Statutes, is amended to read:
 3417         1002.42 Private schools.—
 3418         (17) EPINEPHRINE SUPPLY.—
 3419         (b) The private school and its employees, agents, and the
 3420  physician who provides the standing protocol for school
 3421  epinephrine auto-injectors are not liable for any injury arising
 3422  from the use of an epinephrine auto-injector administered by
 3423  trained school personnel who follow the adopted protocol and
 3424  whose professional opinion is that the student is having an
 3425  anaphylactic reaction:
 3426         1. Unless the trained school personnel’s action is willful
 3427  and wanton;
 3428         2. Notwithstanding that the parents or guardians of the
 3429  student to whom the epinephrine is administered have not been
 3430  provided notice or have not signed a statement acknowledging
 3431  that the school district is not liable; and
 3432         3. Regardless of whether authorization has been given by
 3433  the student’s parents or guardians or by the student’s
 3434  physician, physician’s assistant, or advanced practice
 3435  registered nurse advanced registered nurse practitioner.
 3436         Section 89. Subsections (4) and (5) of section 1006.062,
 3437  Florida Statutes, are amended to read:
 3438         1006.062 Administration of medication and provision of
 3439  medical services by district school board personnel.—
 3440         (4) Nonmedical assistive personnel shall be allowed to
 3441  perform health-related services upon successful completion of
 3442  child-specific training by a registered nurse or advanced
 3443  practice registered nurse advanced registered nurse practitioner
 3444  licensed under chapter 464, a physician licensed pursuant to
 3445  chapter 458 or chapter 459, or a physician assistant licensed
 3446  pursuant to chapter 458 or chapter 459. All procedures shall be
 3447  monitored periodically by a nurse, advanced practice registered
 3448  nurse advanced registered nurse practitioner, physician
 3449  assistant, or physician, including, but not limited to:
 3450         (a) Intermittent clean catheterization.
 3451         (b) Gastrostomy tube feeding.
 3452         (c) Monitoring blood glucose.
 3453         (d) Administering emergency injectable medication.
 3454         (5) For all other invasive medical services not listed in
 3455  this subsection, a registered nurse or advanced practice
 3456  registered nurse advanced registered nurse practitioner licensed
 3457  under chapter 464, a physician licensed pursuant to chapter 458
 3458  or chapter 459, or a physician assistant licensed pursuant to
 3459  chapter 458 or chapter 459 shall determine if nonmedical
 3460  district school board personnel shall be allowed to perform such
 3461  service.
 3462         Section 90. Subsection (1) and paragraph (a) of subsection
 3463  (2) of section 1009.65, Florida Statutes, are amended to read:
 3464         1009.65 Medical Education Reimbursement and Loan Repayment
 3465  Program.—
 3466         (1) To encourage qualified medical professionals to
 3467  practice in underserved locations where there are shortages of
 3468  such personnel, there is established the Medical Education
 3469  Reimbursement and Loan Repayment Program. The function of the
 3470  program is to make payments that offset loans and educational
 3471  expenses incurred by students for studies leading to a medical
 3472  or nursing degree, medical or nursing licensure, or advanced
 3473  practice registered nurse advanced registered nurse practitioner
 3474  certification or physician assistant licensure. The following
 3475  licensed or certified health care professionals are eligible to
 3476  participate in this program: medical doctors with primary care
 3477  specialties, doctors of osteopathic medicine with primary care
 3478  specialties, physician’s assistants, licensed practical nurses
 3479  and registered nurses, and advanced practice registered nurses
 3480  advanced registered nurse practitioners with primary care
 3481  specialties such as certified nurse midwives. Primary care
 3482  medical specialties for physicians include obstetrics,
 3483  gynecology, general and family practice, internal medicine,
 3484  pediatrics, and other specialties which may be identified by the
 3485  Department of Health.
 3486         (2) From the funds available, the Department of Health
 3487  shall make payments to selected medical professionals as
 3488  follows:
 3489         (a) Up to $4,000 per year for licensed practical nurses and
 3490  registered nurses, up to $10,000 per year for advanced practice
 3491  registered nurses advanced registered nurse practitioners and
 3492  physician’s assistants, and up to $20,000 per year for
 3493  physicians. Penalties for noncompliance shall be the same as
 3494  those in the National Health Services Corps Loan Repayment
 3495  Program. Educational expenses include costs for tuition,
 3496  matriculation, registration, books, laboratory and other fees,
 3497  other educational costs, and reasonable living expenses as
 3498  determined by the Department of Health.
 3499         Section 91. Subsection (2) of section 1009.66, Florida
 3500  Statutes, is amended to read:
 3501         1009.66 Nursing Student Loan Forgiveness Program.—
 3502         (2) To be eligible, a candidate must have graduated from an
 3503  accredited or approved nursing program and have received a
 3504  Florida license as a licensed practical nurse or a registered
 3505  nurse or a Florida certificate as an advanced practice
 3506  registered nurse advanced registered nurse practitioner.
 3507         Section 92. Subsection (3) of section 1009.67, Florida
 3508  Statutes, is amended to read:
 3509         1009.67 Nursing scholarship program.—
 3510         (3) A scholarship may be awarded for no more than 2 years,
 3511  in an amount not to exceed $8,000 per year. However, registered
 3512  nurses pursuing a graduate degree for a faculty position or to
 3513  practice as an advanced practice registered nurse advanced
 3514  registered nurse practitioner may receive up to $12,000 per
 3515  year. These amounts shall be adjusted by the amount of increase
 3516  or decrease in the Consumer Price Index for All Urban Consumers
 3517  published by the United States Department of Commerce.
 3518         Section 93. This act shall take effect July 1, 2018.