Florida Senate - 2018 CS for SB 758
By the Committee on Health Policy; and Senators Gibson and
Torres
588-02917-18 2018758c1
1 A bill to be entitled
2 An act relating to diabetes educators; amending s.
3 456.001, F.S.; redefining the term “health care
4 practitioner” to include diabetes educators; creating
5 part XVII of ch. 468, F.S., entitled “Diabetes
6 Educators”; providing legislative findings and intent;
7 requiring implementation by a specified date; defining
8 terms; providing requirements for registration as a
9 diabetes educator; requiring the Department of Health
10 to renew a registration under certain circumstances;
11 requiring the department to adopt rules for biennial
12 renewal of registrations; requiring the department to
13 establish specified fees; prohibiting an unregistered
14 person from certain activities relating to diabetes
15 self-management training; providing exemptions;
16 authorizing the department to take disciplinary action
17 against an applicant or registrant for specified
18 violations; authorizing rulemaking; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (4) of section 456.001, Florida
24 Statutes, is amended to read:
25 456.001 Definitions.—As used in this chapter, the term:
26 (4) “Health care practitioner” means any person licensed or
27 registered under chapter 457; chapter 458; chapter 459; chapter
28 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter
29 465; chapter 466; chapter 467; part I, part II, part III, part
30 V, part X, part XIII, or part XIV, or part XVII of chapter 468;
31 chapter 478; chapter 480; part III or part IV of chapter 483;
32 chapter 484; chapter 486; chapter 490; or chapter 491.
33 Section 2. Part XVII of chapter 468, Florida Statutes,
34 consisting of sections 468.931 through 468.935, Florida
35 Statutes, is created to read:
36 PART XVII
37 DIABETES EDUCATORS
38 468.931 Legislative findings and intent; implementation.—
39 (1) The Legislature finds that the provision of diabetes
40 self-management training by unregistered and incompetent
41 practitioners presents a danger to the public health and safety.
42 Therefore, it is the intent of the Legislature to prohibit
43 diabetes educators who fall below minimum competency standards
44 or who otherwise present a danger to the public health and
45 safety from providing diabetes self-management training in this
46 state.
47 (2) The Department of Health must implement the provisions
48 of this part by July 1, 2019.
49 468.932 Definitions.—As used in this part, the term:
50 (1) “Department” means the Department of Health.
51 (2) “Diabetes educator” means a health care practitioner
52 registered under this part who has demonstrated a comprehensive
53 knowledge of and experience in prediabetes, diabetes prevention,
54 and diabetes education and who provides diabetes self-management
55 training.
56 (3) “Diabetes self-management training” means the
57 assessment and development of a plan of care for a person with
58 diabetes through a collaborative process through which the
59 person gains the knowledge and skills necessary to modify
60 behavior and successfully self-manage the disease as provided
61 for in the national standards published by the American Diabetes
62 Association.
63 468.933 Requirements for registration; registration
64 renewal.—
65 (1) The department shall issue a registration to an
66 applicant who has submitted to the department:
67 (a) A completed application in a form prescribed by the
68 department.
69 (b) A registration fee, pursuant to s. 468.934.
70 (c)1. Proof of certification as a Certified Diabetes
71 Educator by the National Certification Board for Diabetes
72 Educators or certification in Board Certified—Advanced Diabetes
73 Management by the American Association of Diabetes Educators; or
74 2. Proof of completion of at least 250 practice hours of
75 diabetes education, of which at least 100 practice hours are
76 earned in the calendar year immediately preceding application,
77 and proof of passing the registration examination administered
78 by the National Certification Board for Diabetes Educators; and
79 proof of licensure as a health care practitioner as defined in
80 s. 456.001.
81 (2) The department shall renew a registration under this
82 section upon receipt of a renewal application and biennial
83 renewal fee from a registrant. The department shall adopt rules
84 establishing procedures for biennial renewal of registrations
85 under this section.
86 468.934 Fees.—The department shall establish by rule the
87 following fees to be paid by a person seeking registration or
88 registration renewal as a diabetes educator. The fees must be
89 adequate to implement and administer this part:
90 (1) A nonrefundable application fee, which may not exceed
91 $100.
92 (2) An initial registration fee, which may not exceed $100.
93 (3) A biennial renewal fee, which may not exceed $80.
94 (4) A fee for reactivation of an inactive registration,
95 which may not exceed $135.
96 468.935 Prohibited acts; exemptions.—
97 (1) A person may not provide diabetes self-management
98 training, or represent himself or herself as being a diabetes
99 educator, unless he or she is registered pursuant to this part.
100 (2) This section does not prohibit or restrict:
101 (a) An emergency medical technician or paramedic licensed
102 under chapter 401 or a health care practitioner as defined in s.
103 456.001 from engaging in, or practicing within, the scope of the
104 occupation or profession for which he or she is licensed.
105 (b) A person employed by the Federal Government or any
106 bureau, division, or agency of the Federal Government from
107 discharging his or her official duties.
108 (3) The department may take disciplinary action pursuant to
109 s. 456.072 against an applicant or registrant and may deny,
110 revoke, or suspend registration or registration renewal for a
111 violation of this section.
112 (4) The department may adopt rules to implement and
113 administer this section.
114 Section 3. This act shall take effect July 1, 2018.