Florida Senate - 2019 CS for CS for SB 188
By the Committees on Appropriations; and Health Policy; and
Senator Harrell
576-02791-19 2019188c2
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.4018, F.S.; requiring the Department of Health
4 to develop strategies to maximize federal-state
5 partnerships that provide incentives for physicians to
6 practice in medically underserved or rural areas;
7 authorizing the department to adopt certain rules;
8 amending s. 456.013, F.S.; revising health care
9 practitioner licensure application requirements;
10 amending s. 458.3312, F.S.; removing a provision
11 prohibiting a physician from representing himself or
12 herself as a board-certified specialist in dermatology
13 unless the recognizing agency is reviewed and
14 reauthorized on a specified basis by the Board of
15 Medicine; amending s. 459.0055, F.S.; revising
16 licensure requirements for a person seeking licensure
17 or certification as an osteopathic physician;
18 repealing s. 460.4166, F.S., relating to registered
19 chiropractic assistants; amending s. 464.019, F.S.;
20 extending through 2025 the Florida Center for
21 Nursing’s responsibility to study and issue an annual
22 report on the implementation of nursing education
23 programs; amending s. 464.202, F.S.; requiring the
24 Board of Nursing to adopt rules that include
25 disciplinary procedures and standards of practice for
26 certified nursing assistants; amending s. 464.203,
27 F.S.; revising certification requirements for nursing
28 assistants; amending s. 464.204, F.S.; revising
29 grounds for board-imposed disciplinary sanctions;
30 amending s. 466.006, F.S.; revising certain
31 requirements for examinations to be completed by
32 applicants seeking dental licensure; amending s.
33 466.00673, F.S.; extending the repeal date of
34 provisions relating to health access dental licenses;
35 amending s. 466.007, F.S.; revising requirements for
36 examinations of dental hygienists; amending s.
37 466.017, F.S.; providing adverse incident reporting
38 requirements; providing for disciplinary action by the
39 Board of Dentistry; defining the term “adverse
40 incident”; authorizing the board to adopt rules;
41 amending s. 466.031, F.S.; making technical changes;
42 authorizing an employee or an independent contractor
43 of a dental laboratory acting as an agent of that
44 dental laboratory to engage in onsite consultation
45 with a licensed dentist during a dental procedure;
46 amending s. 466.036, F.S.; revising inspection
47 frequency of dental laboratories during a specified
48 period; amending s. 468.701, F.S.; revising the
49 definition of the term “athletic trainer” for the
50 purpose of relocating an existing requirement;
51 amending s. 468.707, F.S.; revising athletic trainer
52 licensure requirements; amending s. 468.711, F.S.;
53 requiring certain licensees to maintain certification
54 in good standing without lapse to renew their athletic
55 trainer license; amending s. 468.713, F.S.; requiring
56 that an athletic trainer work within a specified scope
57 of practice; relocating an existing requirement;
58 amending s. 468.723, F.S.; requiring the direct
59 supervision of an athletic training student to be in
60 accordance with rules adopted by the Board of Athletic
61 Training; amending s. 468.803, F.S.; revising
62 orthotic, prosthetic, and pedorthic licensure,
63 registration, and examination requirements; amending
64 s. 480.033, F.S.; revising the definition of the term
65 “apprentice”; amending s. 480.041, F.S.; revising
66 qualifications for licensure as a massage therapist;
67 specifying that a massage apprentice who was licensed
68 before a specified date may continue to perform
69 massage therapy as authorized under his or her
70 license; authorizing a massage apprentice to apply for
71 full licensure upon completion of the apprenticeship
72 under certain conditions; repealing s. 480.042, F.S.,
73 relating to examinations for licensure as a massage
74 therapist; amending s. 480.046, F.S.; revising
75 instances under which disciplinary action may be taken
76 against massage establishments; prohibiting certain
77 massage establishments from applying for relicensure;
78 providing an exception; amending s. 490.003, F.S.;
79 revising the definition of the terms “doctoral-level
80 psychological education” and “doctoral degree in
81 psychology”; amending s. 490.005, F.S.; revising
82 requirements for licensure by examination of
83 psychologists and school psychologists; amending s.
84 490.006, F.S.; revising requirements for licensure by
85 endorsement of psychologists and school psychologists;
86 amending s. 491.0045, F.S.; providing an exemption for
87 registration requirements for clinical social worker
88 interns, marriage and family therapist interns, and
89 mental health counselor interns under certain
90 circumstances; amending s. 491.005, F.S.; revising
91 requirements for the licensure by examination of
92 marriage and family therapists; revising examination
93 requirements for the licensure by examination of
94 mental health counselors; amending s. 491.006, F.S.;
95 revising requirements for licensure by endorsement or
96 certification for specified professions; amending s.
97 491.007, F.S.; removing a biennial intern registration
98 fee; amending s. 491.009, F.S.; authorizing the Board
99 of Clinical Social Work, Marriage and Family Therapy,
100 and Mental Health Counseling or, under certain
101 circumstances, the department to enter an order
102 denying licensure or imposing penalties against an
103 applicant for licensure under certain circumstances;
104 amending ss. 491.0046 and 945.42, F.S.; conforming
105 cross-references; providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Subsection (3) of section 381.4018, Florida
110 Statutes, is amended to read:
111 381.4018 Physician workforce assessment and development.—
112 (3) GENERAL FUNCTIONS.—The department shall maximize the
113 use of existing programs under the jurisdiction of the
114 department and other state agencies and coordinate governmental
115 and nongovernmental stakeholders and resources in order to
116 develop a state strategic plan and assess the implementation of
117 such strategic plan. In developing the state strategic plan, the
118 department shall:
119 (a) Monitor, evaluate, and report on the supply and
120 distribution of physicians licensed under chapter 458 or chapter
121 459. The department shall maintain a database to serve as a
122 statewide source of data concerning the physician workforce.
123 (b) Develop a model and quantify, on an ongoing basis, the
124 adequacy of the state’s current and future physician workforce
125 as reliable data becomes available. Such model must take into
126 account demographics, physician practice status, place of
127 education and training, generational changes, population growth,
128 economic indicators, and issues concerning the “pipeline” into
129 medical education.
130 (c) Develop and recommend strategies to determine whether
131 the number of qualified medical school applicants who might
132 become competent, practicing physicians in this state will be
133 sufficient to meet the capacity of the state’s medical schools.
134 If appropriate, the department shall, working with
135 representatives of appropriate governmental and nongovernmental
136 entities, develop strategies and recommendations and identify
137 best practice programs that introduce health care as a
138 profession and strengthen skills needed for medical school
139 admission for elementary, middle, and high school students, and
140 improve premedical education at the precollege and college level
141 in order to increase this state’s potential pool of medical
142 students.
143 (d) Develop strategies to ensure that the number of
144 graduates from the state’s public and private allopathic and
145 osteopathic medical schools is adequate to meet physician
146 workforce needs, based on the analysis of the physician
147 workforce data, so as to provide a high-quality medical
148 education to students in a manner that recognizes the uniqueness
149 of each new and existing medical school in this state.
150 (e) Pursue strategies and policies to create, expand, and
151 maintain graduate medical education positions in the state based
152 on the analysis of the physician workforce data. Such strategies
153 and policies must take into account the effect of federal
154 funding limitations on the expansion and creation of positions
155 in graduate medical education. The department shall develop
156 options to address such federal funding limitations. The
157 department shall consider options to provide direct state
158 funding for graduate medical education positions in a manner
159 that addresses requirements and needs relative to accreditation
160 of graduate medical education programs. The department shall
161 consider funding residency positions as a means of addressing
162 needed physician specialty areas, rural areas having a shortage
163 of physicians, and areas of ongoing critical need, and as a
164 means of addressing the state’s physician workforce needs based
165 on an ongoing analysis of physician workforce data.
166 (f) Develop strategies to maximize federal and state
167 programs that provide for the use of incentives to attract
168 physicians to this state or retain physicians within the state.
169 Such strategies should explore and maximize federal-state
170 partnerships that provide incentives for physicians to practice
171 in federally designated shortage areas, in otherwise medically
172 underserved areas, or in rural areas. Strategies shall also
173 consider the use of state programs, such as the Medical
174 Education Reimbursement and Loan Repayment Program pursuant to
175 s. 1009.65, which provide for education loan repayment or loan
176 forgiveness and provide monetary incentives for physicians to
177 relocate to underserved areas of the state.
178 (g) Coordinate and enhance activities relative to physician
179 workforce needs, undergraduate medical education, graduate
180 medical education, and reentry of retired military and other
181 physicians into the physician workforce provided by the Division
182 of Medical Quality Assurance, area health education center
183 networks established pursuant to s. 381.0402, and other offices
184 and programs within the department as designated by the State
185 Surgeon General.
186 (h) Work in conjunction with and act as a coordinating body
187 for governmental and nongovernmental stakeholders to address
188 matters relating to the state’s physician workforce assessment
189 and development for the purpose of ensuring an adequate supply
190 of well-trained physicians to meet the state’s future needs.
191 Such governmental stakeholders shall include, but need not be
192 limited to, the State Surgeon General or his or her designee,
193 the Commissioner of Education or his or her designee, the
194 Secretary of Health Care Administration or his or her designee,
195 and the Chancellor of the State University System or his or her
196 designee, and, at the discretion of the department, other
197 representatives of state and local agencies that are involved in
198 assessing, educating, or training the state’s current or future
199 physicians. Other stakeholders shall include, but need not be
200 limited to, organizations representing the state’s public and
201 private allopathic and osteopathic medical schools;
202 organizations representing hospitals and other institutions
203 providing health care, particularly those that currently provide
204 or have an interest in providing accredited medical education
205 and graduate medical education to medical students and medical
206 residents; organizations representing allopathic and osteopathic
207 practicing physicians; and, at the discretion of the department,
208 representatives of other organizations or entities involved in
209 assessing, educating, or training the state’s current or future
210 physicians.
211 (i) Serve as a liaison with other states and federal
212 agencies and programs in order to enhance resources available to
213 the state’s physician workforce and medical education continuum.
214 (j) Act as a clearinghouse for collecting and disseminating
215 information concerning the physician workforce and medical
216 education continuum in this state.
217
218 The department may adopt rules to implement this subsection,
219 including rules to establish guidelines to implement the federal
220 Conrad 30 Waiver Program created under s. 214(l) of the
221 Immigration and Nationality Act.
222 Section 2. Paragraph (a) of subsection (1) of section
223 456.013, Florida Statutes, is amended to read:
224 456.013 Department; general licensing provisions.—
225 (1)(a) Any person desiring to be licensed in a profession
226 within the jurisdiction of the department shall apply to the
227 department in writing to take the licensure examination. The
228 application shall be made on a form prepared and furnished by
229 the department. The application form must be available on the
230 Internet, World Wide Web and the department may accept
231 electronically submitted applications. The application shall
232 require the social security number and date of birth of the
233 applicant, except as provided in paragraphs (b) and (c). The
234 form shall be supplemented as needed to reflect any material
235 change in any circumstance or condition stated in the
236 application which takes place between the initial filing of the
237 application and the final grant or denial of the license and
238 which might affect the decision of the department. If an
239 application is submitted electronically, the department may
240 require supplemental materials, including an original signature
241 of the applicant and verification of credentials, to be
242 submitted in a nonelectronic format. An incomplete application
243 shall expire 1 year after initial filing. In order to further
244 the economic development goals of the state, and notwithstanding
245 any law to the contrary, the department may enter into an
246 agreement with the county tax collector for the purpose of
247 appointing the county tax collector as the department’s agent to
248 accept applications for licenses and applications for renewals
249 of licenses. The agreement must specify the time within which
250 the tax collector must forward any applications and accompanying
251 application fees to the department.
252 Section 3. Section 458.3312, Florida Statutes, is amended
253 to read:
254 458.3312 Specialties.—A physician licensed under this
255 chapter may not hold himself or herself out as a board-certified
256 specialist unless the physician has received formal recognition
257 as a specialist from a specialty board of the American Board of
258 Medical Specialties or other recognizing agency that has been
259 approved by the board. However, a physician may indicate the
260 services offered and may state that his or her practice is
261 limited to one or more types of services when this accurately
262 reflects the scope of practice of the physician. A physician may
263 not hold himself or herself out as a board-certified specialist
264 in dermatology unless the recognizing agency, whether authorized
265 in statute or by rule, is triennially reviewed and reauthorized
266 by the Board of Medicine.
267 Section 4. Subsection (1) of section 459.0055, Florida
268 Statutes, is amended to read:
269 459.0055 General licensure requirements.—
270 (1) Except as otherwise provided herein, any person
271 desiring to be licensed or certified as an osteopathic physician
272 pursuant to this chapter shall:
273 (a) Complete an application form and submit the appropriate
274 fee to the department;
275 (b) Be at least 21 years of age;
276 (c) Be of good moral character;
277 (d) Have completed at least 3 years of preprofessional
278 postsecondary education;
279 (e) Have not previously committed any act that would
280 constitute a violation of this chapter, unless the board
281 determines that such act does not adversely affect the
282 applicant’s present ability and fitness to practice osteopathic
283 medicine;
284 (f) Not be under investigation in any jurisdiction for an
285 act that would constitute a violation of this chapter. If, upon
286 completion of such investigation, it is determined that the
287 applicant has committed an act that would constitute a violation
288 of this chapter, the applicant is ineligible for licensure
289 unless the board determines that such act does not adversely
290 affect the applicant’s present ability and fitness to practice
291 osteopathic medicine;
292 (g) Have not had an application for a license to practice
293 osteopathic medicine denied or a license to practice osteopathic
294 medicine revoked, suspended, or otherwise acted against by the
295 licensing authority of any jurisdiction unless the board
296 determines that the grounds on which such action was taken do
297 not adversely affect the applicant’s present ability and fitness
298 to practice osteopathic medicine. A licensing authority’s
299 acceptance of a physician’s relinquishment of license,
300 stipulation, consent order, or other settlement, offered in
301 response to or in anticipation of the filing of administrative
302 charges against the osteopathic physician, shall be considered
303 action against the osteopathic physician’s license;
304 (h) Not have received less than a satisfactory evaluation
305 from an internship, residency, or fellowship training program,
306 unless the board determines that such act does not adversely
307 affect the applicant’s present ability and fitness to practice
308 osteopathic medicine. Such evaluation shall be provided by the
309 director of medical education from the medical training
310 facility;
311 (i) Have met the criteria set forth in s. 459.0075, s.
312 459.0077, or s. 459.021, whichever is applicable;
313 (j) Submit to the department a set of fingerprints on a
314 form and under procedures specified by the department, along
315 with a payment in an amount equal to the costs incurred by the
316 Department of Health for the criminal background check of the
317 applicant;
318 (k) Demonstrate that he or she is a graduate of a medical
319 college recognized and approved by the American Osteopathic
320 Association;
321 (l) Demonstrate that she or he has successfully completed
322 an internship or residency a resident internship of not less
323 than 12 months in a program accredited hospital approved for
324 this purpose by the Board of Trustees of the American
325 Osteopathic Association or the Accreditation Council for
326 Graduate Medical Education any other internship program approved
327 by the board upon a showing of good cause by the applicant. This
328 requirement may be waived for an applicant who matriculated in a
329 college of osteopathic medicine during or before 1948; and
330 (m) Demonstrate that she or he has obtained a passing
331 score, as established by rule of the board, on all parts of the
332 examination conducted by the National Board of Osteopathic
333 Medical Examiners or other examination approved by the board no
334 more than 5 years before making application in this state or, if
335 holding a valid active license in another state, that the
336 initial licensure in the other state occurred no more than 5
337 years after the applicant obtained a passing score on the
338 examination conducted by the National Board of Osteopathic
339 Medical Examiners or other substantially similar examination
340 approved by the board.
341 Section 5. Section 460.4166, Florida Statutes, is repealed.
342 Section 6. Subsection (10) of section 464.019, Florida
343 Statutes, is amended to read:
344 464.019 Approval of nursing education programs.—
345 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
346 shall study the administration of this section and submit
347 reports to the Governor, the President of the Senate, and the
348 Speaker of the House of Representatives annually by January 30,
349 through January 30, 2025 2020. The annual reports shall address
350 the previous academic year; provide data on the measures
351 specified in paragraphs (a) and (b), as such data becomes
352 available; and include an evaluation of such data for purposes
353 of determining whether this section is increasing the
354 availability of nursing education programs and the production of
355 quality nurses. The department and each approved program or
356 accredited program shall comply with requests for data from the
357 Florida Center for Nursing.
358 (a) The Florida Center for Nursing shall evaluate program
359 specific data for each approved program and accredited program
360 conducted in the state, including, but not limited to:
361 1. The number of programs and student slots available.
362 2. The number of student applications submitted, the number
363 of qualified applicants, and the number of students accepted.
364 3. The number of program graduates.
365 4. Program retention rates of students tracked from program
366 entry to graduation.
367 5. Graduate passage rates on the National Council of State
368 Boards of Nursing Licensing Examination.
369 6. The number of graduates who become employed as practical
370 or professional nurses in the state.
371 (b) The Florida Center for Nursing shall evaluate the
372 board’s implementation of the:
373 1. Program application approval process, including, but not
374 limited to, the number of program applications submitted under
375 subsection (1); the number of program applications approved and
376 denied by the board under subsection (2); the number of denials
377 of program applications reviewed under chapter 120; and a
378 description of the outcomes of those reviews.
379 2. Accountability processes, including, but not limited to,
380 the number of programs on probationary status, the number of
381 approved programs for which the program director is required to
382 appear before the board under subsection (5), the number of
383 approved programs terminated by the board, the number of
384 terminations reviewed under chapter 120, and a description of
385 the outcomes of those reviews.
386 (c) The Florida Center for Nursing shall complete an annual
387 assessment of compliance by programs with the accreditation
388 requirements of subsection (11), include in the assessment a
389 determination of the accreditation process status for each
390 program, and submit the assessment as part of the reports
391 required by this subsection.
392 Section 7. Section 464.202, Florida Statutes, is amended to
393 read:
394 464.202 Duties and powers of the board.—The board shall
395 maintain, or contract with or approve another entity to
396 maintain, a state registry of certified nursing assistants. The
397 registry must consist of the name of each certified nursing
398 assistant in this state; other identifying information defined
399 by board rule; certification status; the effective date of
400 certification; other information required by state or federal
401 law; information regarding any crime or any abuse, neglect, or
402 exploitation as provided under chapter 435; and any disciplinary
403 action taken against the certified nursing assistant. The
404 registry shall be accessible to the public, the
405 certificateholder, employers, and other state agencies. The
406 board shall adopt by rule testing procedures for use in
407 certifying nursing assistants and shall adopt rules regulating
408 the practice of certified nursing assistants, including
409 disciplinary procedures and standards of practice, and
410 specifying the scope of practice authorized and the level of
411 supervision required for the practice of certified nursing
412 assistants. The board may contract with or approve another
413 entity or organization to provide the examination services,
414 including the development and administration of examinations.
415 The board shall require that the contract provider offer
416 certified nursing assistant applications via the Internet, and
417 may require the contract provider to accept certified nursing
418 assistant applications for processing via the Internet. The
419 board shall require the contract provider to provide the
420 preliminary results of the certified nursing examination on the
421 date the test is administered. The provider shall pay all
422 reasonable costs and expenses incurred by the board in
423 evaluating the provider’s application and performance during the
424 delivery of services, including examination services and
425 procedures for maintaining the certified nursing assistant
426 registry.
427 Section 8. Paragraph (c) of subsection (1) of section
428 464.203, Florida Statutes, is amended to read:
429 464.203 Certified nursing assistants; certification
430 requirement.—
431 (1) The board shall issue a certificate to practice as a
432 certified nursing assistant to any person who demonstrates a
433 minimum competency to read and write and successfully passes the
434 required background screening pursuant to s. 400.215. If the
435 person has successfully passed the required background screening
436 pursuant to s. 400.215 or s. 408.809 within 90 days before
437 applying for a certificate to practice and the person’s
438 background screening results are not retained in the
439 clearinghouse created under s. 435.12, the board shall waive the
440 requirement that the applicant successfully pass an additional
441 background screening pursuant to s. 400.215. The person must
442 also meet one of the following requirements:
443 (c) Is currently certified in another state or territory of
444 the United States or in the District of Columbia; is listed on
445 that jurisdiction’s state’s certified nursing assistant
446 registry; and has not been found to have committed abuse,
447 neglect, or exploitation in that jurisdiction state.
448 Section 9. Paragraph (b) of subsection (1) of section
449 464.204, Florida Statutes, is amended to read:
450 464.204 Denial, suspension, or revocation of certification;
451 disciplinary actions.—
452 (1) The following acts constitute grounds for which the
453 board may impose disciplinary sanctions as specified in
454 subsection (2):
455 (b) Intentionally Violating any provision of this chapter,
456 chapter 456, or the rules adopted by the board.
457 Section 10. Paragraph (b) of subsection (3) and subsection
458 (4) of section 466.006, Florida Statutes, are amended to read:
459 466.006 Examination of dentists.—
460 (3) If an applicant is a graduate of a dental college or
461 school not accredited in accordance with paragraph (2)(b) or of
462 a dental college or school not approved by the board, the
463 applicant is not entitled to take the examinations required in
464 this section to practice dentistry until she or he satisfies one
465 of the following:
466 (b) Submits proof of having successfully completed at least
467 2 consecutive academic years at a full-time supplemental general
468 dentistry program accredited by the American Dental Association
469 Commission on Dental Accreditation. This program must provide
470 didactic and clinical education at the level of a D.D.S. or
471 D.M.D. program accredited by the American Dental Association
472 Commission on Dental Accreditation. For purposes of this
473 paragraph, a supplemental general dentistry program does not
474 include an advanced education program in a dental specialty.
475 (4) Notwithstanding any other provision of law in chapter
476 456 pertaining to the clinical dental licensure examination or
477 national examinations, to be licensed as a dentist in this
478 state, an applicant must successfully complete both of the
479 following:
480 (a) A written examination on the laws and rules of the
481 state regulating the practice of dentistry.;
482 (b)1. A practical or clinical examination, which must shall
483 be the American Dental Licensing Examination produced by the
484 American Board of Dental Examiners, Inc., or its successor
485 entity, if any, that is administered in this state and graded by
486 dentists licensed in this state and employed by the department
487 for just such purpose, provided that the board has attained, and
488 continues to maintain thereafter, representation on the board of
489 directors of the American Board of Dental Examiners, the
490 examination development committee of the American Board of
491 Dental Examiners, and such other committees of the American
492 Board of Dental Examiners as the board deems appropriate by rule
493 to assure that the standards established herein are maintained
494 organizationally. A passing score on the American Dental
495 Licensing Examination administered in this state and graded by
496 dentists who are licensed in this state is valid for 365 days
497 after the date the official examination results are published.
498 1.2.a. As an alternative to such practical or clinical
499 examination the requirements of subparagraph 1., an applicant
500 may submit scores from an American Dental Licensing Examination
501 previously administered in a jurisdiction other than this state
502 after October 1, 2011, and such examination results shall be
503 recognized as valid for the purpose of licensure in this state.
504 A passing score on the American Dental Licensing Examination
505 administered out-of-state shall be the same as the passing score
506 for the American Dental Licensing Examination administered in
507 this state and graded by dentists who are licensed in this
508 state. The examination results are valid for 365 days after the
509 date the official examination results are published. The
510 applicant must have completed the examination after October 1,
511 2011.
512 b. This subparagraph may not be given retroactive
513 application.
514 2.3. If the date of an applicant’s passing American Dental
515 Licensing Examination scores from an examination previously
516 administered in a jurisdiction other than this state under
517 subparagraph 1. subparagraph 2. is older than 365 days, then
518 such scores are shall nevertheless be recognized as valid for
519 the purpose of licensure in this state, but only if the
520 applicant demonstrates that all of the following additional
521 standards have been met:
522 a.(I) The applicant completed the American Dental Licensing
523 Examination after October 1, 2011.
524 (II) This sub-subparagraph may not be given retroactive
525 application;
526 b. The applicant graduated from a dental school accredited
527 by the American Dental Association Commission on Dental
528 Accreditation or its successor entity, if any, or any other
529 dental accrediting organization recognized by the United States
530 Department of Education. Provided, however, if the applicant did
531 not graduate from such a dental school, the applicant may submit
532 proof of having successfully completed a full-time supplemental
533 general dentistry program accredited by the American Dental
534 Association Commission on Dental Accreditation of at least 2
535 consecutive academic years at such accredited sponsoring
536 institution. Such program must provide didactic and clinical
537 education at the level of a D.D.S. or D.M.D. program accredited
538 by the American Dental Association Commission on Dental
539 Accreditation. For purposes of this paragraph, a supplemental
540 general dentistry program does not include an advanced education
541 program in a dental specialty;
542 c. The applicant currently possesses a valid and active
543 dental license in good standing, with no restriction, which has
544 never been revoked, suspended, restricted, or otherwise
545 disciplined, from another state or territory of the United
546 States, the District of Columbia, or the Commonwealth of Puerto
547 Rico;
548 d. The applicant submits proof that he or she has never
549 been reported to the National Practitioner Data Bank, the
550 Healthcare Integrity and Protection Data Bank, or the American
551 Association of Dental Boards Clearinghouse. This sub
552 subparagraph does not apply if the applicant successfully
553 appealed to have his or her name removed from the data banks of
554 these agencies;
555 e.(I)(A) In the 5 years immediately preceding the date of
556 application for licensure in this state, The applicant submits
557 must submit proof of having been consecutively engaged in the
558 full-time practice of dentistry in another state or territory of
559 the United States, the District of Columbia, or the Commonwealth
560 of Puerto Rico in the 5 years immediately preceding the date of
561 application for licensure in this state;, or,
562 (B) If the applicant has been licensed in another state or
563 territory of the United States, the District of Columbia, or the
564 Commonwealth of Puerto Rico for less than 5 years, the applicant
565 submits must submit proof of having been engaged in the full
566 time practice of dentistry since the date of his or her initial
567 licensure.
568 (II) As used in this section, “full-time practice” is
569 defined as a minimum of 1,200 hours per year for each and every
570 year in the consecutive 5-year period or, where applicable, the
571 period since initial licensure, and must include any combination
572 of the following:
573 (A) Active clinical practice of dentistry providing direct
574 patient care.
575 (B) Full-time practice as a faculty member employed by a
576 dental or dental hygiene school approved by the board or
577 accredited by the American Dental Association Commission on
578 Dental Accreditation.
579 (C) Full-time practice as a student at a postgraduate
580 dental education program approved by the board or accredited by
581 the American Dental Association Commission on Dental
582 Accreditation.
583 (III) The board shall develop rules to determine what type
584 of proof of full-time practice is required and to recoup the
585 cost to the board of verifying full-time practice under this
586 section. Such proof must, at a minimum, be:
587 (A) Admissible as evidence in an administrative proceeding;
588 (B) Submitted in writing;
589 (C) Submitted by the applicant under oath with penalties of
590 perjury attached;
591 (D) Further documented by an affidavit of someone unrelated
592 to the applicant who is familiar with the applicant’s practice
593 and testifies with particularity that the applicant has been
594 engaged in full-time practice; and
595 (E) Specifically found by the board to be both credible and
596 admissible.
597 (IV) An affidavit of only the applicant is not acceptable
598 proof of full-time practice unless it is further attested to by
599 someone unrelated to the applicant who has personal knowledge of
600 the applicant’s practice. If the board deems it necessary to
601 assess credibility or accuracy, the board may require the
602 applicant or the applicant’s witnesses to appear before the
603 board and give oral testimony under oath;
604 f. The applicant submits must submit documentation that he
605 or she has completed, or will complete, prior to licensure in
606 this state, continuing education equivalent to this state’s
607 requirements for the last full reporting biennium;
608 g. The applicant proves must prove that he or she has never
609 been convicted of, or pled nolo contendere to, regardless of
610 adjudication, any felony or misdemeanor related to the practice
611 of a health care profession in any jurisdiction;
612 h. The applicant has must successfully passed pass a
613 written examination on the laws and rules of this state
614 regulating the practice of dentistry and must successfully pass
615 the computer-based diagnostic skills examination; and
616 i. The applicant submits must submit documentation that he
617 or she has successfully completed the applicable examination
618 administered by the Joint Commission on National Dental
619 Examinations or its successor organization National Board of
620 Dental Examiners dental examination.
621 Section 11. Section 466.00673, Florida Statutes, is amended
622 to read:
623 466.00673 Repeal of a health access dental license.
624 Effective January 1, 2025 2020, ss. 466.0067-466.00673 are
625 repealed unless reenacted by the Legislature. Any health access
626 dental license issued before January 1, 2025 2020, shall remain
627 valid according to ss. 466.0067-466.00673, without effect from
628 repeal.
629 Section 12. Paragraph (b) of subsection (4) and paragraph
630 (a) of subsection (6) of section 466.007, Florida Statutes, are
631 amended to read:
632 466.007 Examination of dental hygienists.—
633 (4) Effective July 1, 2012, to be licensed as a dental
634 hygienist in this state, an applicant must successfully complete
635 the following:
636 (b) A practical or clinical examination approved by the
637 board. The examination shall be the Dental Hygiene Examination
638 produced by the American Board of Dental Examiners, Inc. (ADEX)
639 or its successor entity, if any, if the board finds that the
640 successor entity’s clinical examination meets or exceeds the
641 provisions of this section. The board shall approve the ADEX
642 Dental Hygiene Examination if the board has attained and
643 continues to maintain representation on the ADEX House of
644 Representatives, the ADEX Dental Hygiene Examination Development
645 Committee, and such other ADEX Dental Hygiene committees as the
646 board deems appropriate through rulemaking to ensure that the
647 standards established in this section are maintained
648 organizationally. The ADEX Dental Hygiene Examination or the
649 examination produced by its successor entity is a comprehensive
650 examination in which an applicant must demonstrate skills within
651 the dental hygiene scope of practice on a live patient and any
652 other components that the board deems necessary for the
653 applicant to successfully demonstrate competency for the purpose
654 of licensure. The ADEX Dental Hygiene Examination or the
655 examination by the successor entity administered in this state
656 shall be graded by dentists and dental hygienists licensed in
657 this state who are employed by the department for this purpose.
658 (6)(a) A passing score on the ADEX Dental Hygiene
659 Examination administered out of state must shall be considered
660 the same as a passing score for the ADEX Dental Hygiene
661 Examination administered in this state and graded by licensed
662 dentists and dental hygienists.
663 Section 13. Subsections (9) through (15) are added to
664 section 466.017, Florida Statutes, to read:
665 466.017 Prescription of drugs; anesthesia.—
666 (9) Any adverse incident that occurs in an office
667 maintained by a dentist must be reported to the department. The
668 required notification to the department must be submitted in
669 writing by certified mail and postmarked within 48 hours after
670 the incident occurs.
671 (10) A dentist practicing in this state must notify the
672 board in writing by certified mail within 48 hours after any
673 adverse incident that occurs in the dentist’s outpatient
674 facility. A complete written report must be filed with the board
675 within 30 days after the incident occurs.
676 (11) Any certified registered dental hygienist
677 administering local anesthesia must notify the board in writing
678 by registered mail within 48 hours after any adverse incident
679 that was related to or the result of the administration of local
680 anesthesia. A complete written report must be filed with the
681 board within 30 days after the mortality or other adverse
682 incident.
683 (12) A failure by the dentist or dental hygienist to timely
684 and completely comply with all the reporting requirements in
685 this section is the basis for disciplinary action by the board
686 pursuant to s. 466.028(1).
687 (13) The department shall review each adverse incident and
688 determine whether it involved conduct by a health care
689 professional subject to disciplinary action, in which case s.
690 456.073 applies. Disciplinary action, if any, shall be taken by
691 the board under which the health care professional is licensed.
692 (14) As used in subsections (9)-(13), the term “adverse
693 incident” means any mortality that occurs during or as the
694 result of a dental procedure, or an incident that results in a
695 temporary or permanent physical or mental injury that requires
696 hospitalization or emergency room treatment of a dental patient
697 which occurs during or as a direct result of the use of general
698 anesthesia, deep sedation, moderate sedation, pediatric moderate
699 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
700 oxide, or local anesthesia.
701 (15) The board may adopt rules to administer this section.
702 Section 14. Section 466.031, Florida Statutes, is amended
703 to read:
704 466.031 “Dental laboratories laboratory” defined.—
705 (1) The term “dental laboratory” as used in this chapter:
706 (1) includes any person, firm, or corporation that who
707 performs for a fee of any kind, gratuitously, or otherwise,
708 directly or through an agent or an employee, by any means or
709 method, or who in any way supplies or manufactures artificial
710 substitutes for the natural teeth;, or who furnishes, supplies,
711 constructs, or reproduces or repairs any prosthetic denture,
712 bridge, or appliance to be worn in the human mouth; or who in
713 any way represents holds itself out as a dental laboratory.
714 (2) The term does not include a Excludes any dental
715 laboratory technician who constructs or repairs dental
716 prosthetic appliances in the office of a licensed dentist
717 exclusively for that such dentist only and under her or his
718 supervision and work order.
719 (2) An employee or an independent contractor of a dental
720 laboratory acting as an agent of that dental laboratory may
721 engage in onsite consultation with a licensed dentist during a
722 dental procedure.
723 Section 15. Section 466.036, Florida Statutes, is amended
724 to read:
725 466.036 Information; periodic inspections; equipment and
726 supplies.—The department may require from the applicant for a
727 registration certificate to operate a dental laboratory any
728 information necessary to carry out the purpose of this chapter,
729 including proof that the applicant has the equipment and
730 supplies necessary to operate as determined by rule of the
731 department, and shall require periodic inspection of all dental
732 laboratories operating in this state at least once each biennial
733 registration period. Such inspections must shall include, but
734 need not be limited to, inspection of sanitary conditions,
735 equipment, supplies, and facilities on the premises. The
736 department shall specify dental equipment and supplies that are
737 not allowed permitted in a registered dental laboratory.
738 Section 16. Subsection (1) of section 468.701, Florida
739 Statutes, is amended to read:
740 468.701 Definitions.—As used in this part, the term:
741 (1) “Athletic trainer” means a person licensed under this
742 part who has met the requirements of under this part, including
743 the education requirements established as set forth by the
744 Commission on Accreditation of Athletic Training Education or
745 its successor organization and necessary credentials from the
746 Board of Certification. An individual who is licensed as an
747 athletic trainer may not provide, offer to provide, or represent
748 that he or she is qualified to provide any care or services that
749 he or she lacks the education, training, or experience to
750 provide, or that he or she is otherwise prohibited by law from
751 providing.
752 Section 17. Section 468.707, Florida Statutes, is amended
753 to read:
754 468.707 Licensure requirements.—Any person desiring to be
755 licensed as an athletic trainer shall apply to the department on
756 a form approved by the department. An applicant shall also
757 provide records or other evidence, as determined by the board,
758 to prove he or she has met the requirements of this section. The
759 department shall license each applicant who:
760 (1) Has completed the application form and remitted the
761 required fees.
762 (2) For a person who applies on or after July 1, 2016, Has
763 submitted to background screening pursuant to s. 456.0135. The
764 board may require a background screening for an applicant whose
765 license has expired or who is undergoing disciplinary action.
766 (3)(a) Has obtained, at a minimum, a baccalaureate or
767 higher degree from a college or university professional athletic
768 training degree program accredited by the Commission on
769 Accreditation of Athletic Training Education or its successor
770 organization recognized and approved by the United States
771 Department of Education or the Commission on Recognition of
772 Postsecondary Accreditation, approved by the board, or
773 recognized by the Board of Certification, and has passed the
774 national examination to be certified by the Board of
775 Certification; or.
776 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
777 completed the Board of Certification internship requirements,
778 and If graduated before 2004, has a current certification from
779 the Board of Certification.
780 (4)(5) Has current certification in both cardiopulmonary
781 resuscitation and the use of an automated external defibrillator
782 set forth in the continuing education requirements as determined
783 by the board pursuant to s. 468.711.
784 (5)(6) Has completed any other requirements as determined
785 by the department and approved by the board.
786 Section 18. Subsection (3) of section 468.711, Florida
787 Statutes, is amended to read:
788 468.711 Renewal of license; continuing education.—
789 (3) If initially licensed after January 1, 1998, the
790 licensee must be currently certified by the Board of
791 Certification or its successor agency and maintain that
792 certification in good standing without lapse.
793 Section 19. Section 468.713, Florida Statutes, is amended
794 to read:
795 468.713 Responsibilities of athletic trainers.—
796 (1) An athletic trainer shall practice under the direction
797 of a physician licensed under chapter 458, chapter 459, chapter
798 460, or otherwise authorized by Florida law to practice
799 medicine. The physician shall communicate his or her direction
800 through oral or written prescriptions or protocols as deemed
801 appropriate by the physician for the provision of services and
802 care by the athletic trainer. An athletic trainer shall provide
803 service or care in the manner dictated by the physician.
804 (2) An athletic trainer shall work within his or her
805 allowable scope of practice as specified in board rule under s.
806 468.705. An athletic trainer may not provide, offer to provide,
807 or represent that he or she is qualified to provide any care or
808 services that he or she lacks the education, training, or
809 experience to provide, or that he or she is otherwise prohibited
810 by law from providing.
811 Section 20. Subsection (2) of section 468.723, Florida
812 Statutes, is amended to read:
813 468.723 Exemptions.—This part does not prohibit prevent or
814 restrict:
815 (2) An athletic training student acting under the direct
816 supervision of a licensed athletic trainer. For purposes of this
817 subsection, “direct supervision” means the physical presence of
818 an athletic trainer so that the athletic trainer is immediately
819 available to the athletic training student and able to intervene
820 on behalf of the athletic training student. The supervision must
821 comply with board rule in accordance with the standards set
822 forth by the Commission on Accreditation of Athletic Training
823 Education or its successor.
824 Section 21. Subsections (1), (3), and (4) of section
825 468.803, Florida Statutes, are amended to read:
826 468.803 License, registration, and examination
827 requirements.—
828 (1) The department shall issue a license to practice
829 orthotics, prosthetics, or pedorthics, or a registration for a
830 resident to practice orthotics or prosthetics, to qualified
831 applicants. Licenses to practice shall be granted independently
832 in orthotics, prosthetics, or pedorthics shall be granted
833 independently, but a person may be licensed in more than one
834 such discipline, and a prosthetist-orthotist license may be
835 granted to persons meeting the requirements for licensure both
836 as a prosthetist and as an orthotist license. Registrations to
837 practice shall be granted independently in orthotics or
838 prosthetics shall be granted independently, and a person may be
839 registered in both disciplines fields at the same time or
840 jointly in orthotics and prosthetics as a dual registration.
841 (3) A person seeking to attain the required orthotics or
842 prosthetics experience required for licensure in this state must
843 be approved by the board and registered as a resident by the
844 department. Although a registration may be held in both
845 disciplines practice fields, for independent registrations the
846 board may shall not approve a second registration for until at
847 least 1 year after the issuance of the first registration.
848 Notwithstanding subsection (2), a person an applicant who has
849 been approved by the board and registered by the department in
850 one discipline practice field may apply for registration in the
851 second discipline practice field without an additional state or
852 national criminal history check during the period in which the
853 first registration is valid. Each independent registration or
854 dual registration is valid for 2 years after from the date of
855 issuance unless otherwise revoked by the department upon
856 recommendation of the board. The board shall set a registration
857 fee not to exceed $500 to be paid by the applicant. A
858 registration may be renewed once by the department upon
859 recommendation of the board for a period no longer than 1 year,
860 as such renewal is defined by the board by rule. The
861 registration renewal fee may shall not exceed one-half the
862 current registration fee. To be considered by the board for
863 approval of registration as a resident, the applicant must have
864 one of the following:
865 (a) A Bachelor of Science or higher-level postgraduate
866 degree in Orthotics and Prosthetics from a regionally accredited
867 college or university recognized by the Commission on
868 Accreditation of Allied Health Education Programs. or, at
869 (b) A minimum, of a bachelor’s degree from a regionally
870 accredited college or university and a certificate in orthotics
871 or prosthetics from a program recognized by the Commission on
872 Accreditation of Allied Health Education Programs, or its
873 equivalent, as determined by the board.; or
874 (c) A minimum of a bachelor’s degree from a regionally
875 accredited college or university and a dual certificate in both
876 orthotics and prosthetics from programs recognized by the
877 Commission on Accreditation of Allied Health Education Programs,
878 or its equivalent, as determined by the board.
879 (b) A Bachelor of Science or higher-level postgraduate
880 degree in Orthotics and Prosthetics from a regionally accredited
881 college or university recognized by the Commission on
882 Accreditation of Allied Health Education Programs or, at a
883 minimum, a bachelor’s degree from a regionally accredited
884 college or university and a certificate in prosthetics from a
885 program recognized by the Commission on Accreditation of Allied
886 Health Education Programs, or its equivalent, as determined by
887 the board.
888 (4) The department may develop and administer a state
889 examination for an orthotist or a prosthetist license, or the
890 board may approve the existing examination of a national
891 standards organization. The examination must be predicated on a
892 minimum of a baccalaureate-level education and formalized
893 specialized training in the appropriate field. Each examination
894 must demonstrate a minimum level of competence in basic
895 scientific knowledge, written problem solving, and practical
896 clinical patient management. The board shall require an
897 examination fee not to exceed the actual cost to the board in
898 developing, administering, and approving the examination, which
899 fee must be paid by the applicant. To be considered by the board
900 for examination, the applicant must have:
901 (a) For an examination in orthotics:
902 1. A Bachelor of Science or higher-level postgraduate
903 degree in Orthotics and Prosthetics from a regionally accredited
904 college or university recognized by the Commission on
905 Accreditation of Allied Health Education Programs or, at a
906 minimum, a bachelor’s degree from a regionally accredited
907 college or university and a certificate in orthotics from a
908 program recognized by the Commission on Accreditation of Allied
909 Health Education Programs, or its equivalent, as determined by
910 the board; and
911 2. An approved orthotics internship of 1 year of qualified
912 experience, as determined by the board, or an orthotic residency
913 or dual residency program recognized by the board.
914 (b) For an examination in prosthetics:
915 1. A Bachelor of Science or higher-level postgraduate
916 degree in Orthotics and Prosthetics from a regionally accredited
917 college or university recognized by the Commission on
918 Accreditation of Allied Health Education Programs or, at a
919 minimum, a bachelor’s degree from a regionally accredited
920 college or university and a certificate in prosthetics from a
921 program recognized by the Commission on Accreditation of Allied
922 Health Education Programs, or its equivalent, as determined by
923 the board; and
924 2. An approved prosthetics internship of 1 year of
925 qualified experience, as determined by the board, or a
926 prosthetic residency or dual residency program recognized by the
927 board.
928 Section 22. Subsection (5) of section 480.033, Florida
929 Statutes, is amended to read:
930 480.033 Definitions.—As used in this act:
931 (5) “Apprentice” means a person approved by the board to
932 study colonic irrigation massage under the instruction of a
933 licensed massage therapist practicing colonic irrigation.
934 Section 23. Subsections (1) and (2) of section 480.041,
935 Florida Statutes, are amended, and subsection (8) is added to
936 that section, to read:
937 480.041 Massage therapists; qualifications; licensure;
938 endorsement.—
939 (1) Any person is qualified for licensure as a massage
940 therapist under this act who:
941 (a) Is at least 18 years of age or has received a high
942 school diploma or high school equivalency diploma;
943 (b) Has completed a course of study at a board-approved
944 massage school or has completed an apprenticeship program that
945 meets standards adopted by the board; and
946 (c) Has received a passing grade on a national an
947 examination designated administered by the board department.
948 (2) Every person desiring to be examined for licensure as a
949 massage therapist shall apply to the department in writing upon
950 forms prepared and furnished by the department. Such applicants
951 are shall be subject to the provisions of s. 480.046(1).
952 Applicants may take an examination administered by the
953 department only upon meeting the requirements of this section as
954 determined by the board.
955 (8) A person issued a license as a massage apprentice
956 before July 1, 2019, may continue that apprenticeship and
957 perform massage therapy as permitted under that license until it
958 expires. Upon completion of the apprenticeship, which must occur
959 before July 1, 2022, a massage apprentice may apply to the board
960 for full licensure and be granted a license if all other
961 applicable licensure requirements are met.
962 Section 24. Section 480.042, Florida Statutes, is repealed.
963 Section 25. Subsection (3) of section 480.046, Florida
964 Statutes, is amended, and subsection (5) is added to that
965 section, to read:
966 480.046 Grounds for disciplinary action by the board.—
967 (3) The board may shall have the power to revoke or suspend
968 the license of a massage establishment licensed under this act,
969 or to deny subsequent licensure of such an establishment, if the
970 establishment is owned by an individual or entity that owned
971 another establishment whose license was revoked, upon a showing
972 of proof that, in either of the following cases:
973 (a) The current Upon proof that a license has been obtained
974 by fraud or misrepresentation.
975 (b) Upon proof that The holder of the a license is guilty
976 of fraud or deceit or of gross negligence, incompetency, or
977 misconduct in the operation of the currently licensed
978 establishment so licensed.
979 (c) The owner of the massage establishment or any
980 individual or individuals providing massage therapy services
981 within the establishment, in the aggregate or individually, have
982 had three convictions of, or pleas of guilty or nolo contendere
983 to, or dismissals of a criminal action after a successful
984 completion of a pretrial intervention, diversion, or substance
985 abuse program for any misdemeanor or felony, regardless of
986 adjudication, a crime in any jurisdiction related to
987 prostitution and related acts as defined in s. 796.07, which
988 occurred at or within the currently licensed establishment.
989 (5) An establishment that has been the subject of
990 disciplinary action under this section may not apply for
991 relicensure unless there is a change in ownership.
992 Section 26. Subsection (3) of section 490.003, Florida
993 Statutes, is amended to read:
994 490.003 Definitions.—As used in this chapter:
995 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
996 education” and “doctoral degree in psychology” mean a Psy.D., an
997 Ed.D. in psychology, or a Ph.D. in psychology from:
998 1. An educational institution which, at the time the
999 applicant was enrolled and graduated, had institutional
1000 accreditation from an agency recognized and approved by the
1001 United States Department of Education or was recognized as a
1002 member in good standing with the Association of Universities and
1003 Colleges of Canada; and
1004 2. A psychology program within that educational institution
1005 which, at the time the applicant was enrolled and graduated, had
1006 programmatic accreditation from an accrediting agency recognized
1007 and approved by the United States Department of Education or was
1008 comparable to such programs.
1009 (b) Effective July 1, 1999, “doctoral-level psychological
1010 education” and “doctoral degree in psychology” mean a Psy.D., an
1011 Ed.D. in psychology, or a Ph.D. in psychology from:
1012 1. a psychology program within an educational institution
1013 that which, at the time the applicant was enrolled and
1014 graduated, had institutional accreditation from an agency
1015 recognized and approved by the United States Department of
1016 Education or was recognized as a member in good standing with
1017 the Association of Universities and Colleges of Canada. The
1018 psychology program must have had; and
1019 2. A psychology program within that educational institution
1020 which, at the time the applicant was enrolled and graduated, had
1021 programmatic accreditation from the American Psychological
1022 Association an agency recognized and approved by the United
1023 States Department of Education.
1024 Section 27. Paragraph (b) of subsection (1) and paragraph
1025 (b) of subsection (2) of section 490.005, Florida Statutes, are
1026 amended to read:
1027 490.005 Licensure by examination.—
1028 (1) Any person desiring to be licensed as a psychologist
1029 shall apply to the department to take the licensure examination.
1030 The department shall license each applicant who the board
1031 certifies has:
1032 (b) Submitted proof satisfactory to the board that the
1033 applicant has:
1034 1. Received doctoral-level psychological education, as
1035 defined in s. 490.003(3); or
1036 2. Received the equivalent of a doctoral-level
1037 psychological education, as defined in s. 490.003(3), from a
1038 program at a school or university located outside the United
1039 States of America and Canada, which was officially recognized by
1040 the government of the country in which it is located as an
1041 institution or program to train students to practice
1042 professional psychology. The applicant has the burden of
1043 establishing that this requirement has the requirements of this
1044 provision have been met shall be upon the applicant;
1045 3. Received and submitted to the board, prior to July 1,
1046 1999, certification of an augmented doctoral-level psychological
1047 education from the program director of a doctoral-level
1048 psychology program accredited by a programmatic agency
1049 recognized and approved by the United States Department of
1050 Education; or
1051 4. Received and submitted to the board, prior to August 31,
1052 2001, certification of a doctoral-level program that at the time
1053 the applicant was enrolled and graduated maintained a standard
1054 of education and training comparable to the standard of training
1055 of programs accredited by a programmatic agency recognized and
1056 approved by the United States Department of Education. Such
1057 certification of comparability shall be provided by the program
1058 director of a doctoral-level psychology program accredited by a
1059 programmatic agency recognized and approved by the United States
1060 Department of Education.
1061 (2) Any person desiring to be licensed as a school
1062 psychologist shall apply to the department to take the licensure
1063 examination. The department shall license each applicant who the
1064 department certifies has:
1065 (b) Submitted satisfactory proof to the department that the
1066 applicant:
1067 1. Has received a doctorate, specialist, or equivalent
1068 degree from a program primarily psychological in nature and has
1069 completed 60 semester hours or 90 quarter hours of graduate
1070 study, in areas related to school psychology as defined by rule
1071 of the department, from a college or university which at the
1072 time the applicant was enrolled and graduated was accredited by
1073 an accrediting agency recognized and approved by the Council for
1074 Higher Education Accreditation or its successor organization
1075 Commission on Recognition of Postsecondary Accreditation or from
1076 an institution that which is publicly recognized as a member in
1077 good standing with the Association of Universities and Colleges
1078 of Canada.
1079 2. Has had a minimum of 3 years of experience in school
1080 psychology, 2 years of which must be supervised by an individual
1081 who is a licensed school psychologist or who has otherwise
1082 qualified as a school psychologist supervisor, by education and
1083 experience, as set forth by rule of the department. A doctoral
1084 internship may be applied toward the supervision requirement.
1085 3. Has passed an examination provided by the department.
1086 Section 28. Subsection (1) of section 490.006, Florida
1087 Statutes, is amended to read:
1088 490.006 Licensure by endorsement.—
1089 (1) The department shall license a person as a psychologist
1090 or school psychologist who, upon applying to the department and
1091 remitting the appropriate fee, demonstrates to the department
1092 or, in the case of psychologists, to the board that the
1093 applicant:
1094 (a) Holds a valid license or certificate in another state
1095 to practice psychology or school psychology, as applicable,
1096 provided that, when the applicant secured such license or
1097 certificate, the requirements were substantially equivalent to
1098 or more stringent than those set forth in this chapter at that
1099 time; and, if no Florida law existed at that time, then the
1100 requirements in the other state must have been substantially
1101 equivalent to or more stringent than those set forth in this
1102 chapter at the present time;
1103 (a)(b) Is a diplomate in good standing with the American
1104 Board of Professional Psychology, Inc.; or
1105 (b)(c) Possesses a doctoral degree in psychology as
1106 described in s. 490.003 and has at least 10 20 years of
1107 experience as a licensed psychologist in any jurisdiction or
1108 territory of the United States within the 25 years preceding the
1109 date of application.
1110 Section 29. Subsection (6) of section 491.0045, Florida
1111 Statutes, as amended by chapter 2016-80 and chapter 2016-241,
1112 Laws of Florida, is amended to read:
1113 491.0045 Intern registration; requirements.—
1114 (6) A registration issued on or before March 31, 2017,
1115 expires March 31, 2022, and may not be renewed or reissued. Any
1116 registration issued after March 31, 2017, expires 60 months
1117 after the date it is issued. The board may make a one-time
1118 exception from the requirements of this subsection in emergency
1119 or hardship cases, as defined by board rule, if A subsequent
1120 intern registration may not be issued unless the candidate has
1121 passed the theory and practice examination described in s.
1122 491.005(1)(d), (3)(d), and (4)(d).
1123 Section 30. Subsections (3) and (4) of section 491.005,
1124 Florida Statutes, are amended to read:
1125 491.005 Licensure by examination.—
1126 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1127 documentation and payment of a fee not to exceed $200, as set by
1128 board rule, plus the actual cost of to the department for the
1129 purchase of the examination from the Association of Marital and
1130 Family Therapy Regulatory Board, or similar national
1131 organization, the department shall issue a license as a marriage
1132 and family therapist to an applicant who the board certifies:
1133 (a) Has submitted an application and paid the appropriate
1134 fee.
1135 (b)1. Has a minimum of a master’s degree with major
1136 emphasis in marriage and family therapy, or a closely related
1137 field from a program accredited by the Commission on
1138 Accreditation for Marriage and Family Therapy Education or from
1139 a Florida university program accredited by the Council for
1140 Accreditation of Counseling and Related Educational Programs,
1141 and graduate courses approved by the Board of Clinical Social
1142 Work, Marriage and Family Therapy, and Mental Health Counseling
1143 has completed all of the following requirements:
1144 a. Thirty-six semester hours or 48 quarter hours of
1145 graduate coursework, which must include a minimum of 3 semester
1146 hours or 4 quarter hours of graduate-level course credits in
1147 each of the following nine areas: dynamics of marriage and
1148 family systems; marriage therapy and counseling theory and
1149 techniques; family therapy and counseling theory and techniques;
1150 individual human development theories throughout the life cycle;
1151 personality theory or general counseling theory and techniques;
1152 psychopathology; human sexuality theory and counseling
1153 techniques; psychosocial theory; and substance abuse theory and
1154 counseling techniques. Courses in research, evaluation,
1155 appraisal, assessment, or testing theories and procedures;
1156 thesis or dissertation work; or practicums, internships, or
1157 fieldwork may not be applied toward this requirement.
1158 b. A minimum of one graduate-level course of 3 semester
1159 hours or 4 quarter hours in legal, ethical, and professional
1160 standards issues in the practice of marriage and family therapy
1161 or a course determined by the board to be equivalent.
1162 c. A minimum of one graduate-level course of 3 semester
1163 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1164 and testing for individual or interpersonal disorder or
1165 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1166 hour graduate-level course in behavioral research which focuses
1167 on the interpretation and application of research data as it
1168 applies to clinical practice. Credit for thesis or dissertation
1169 work, practicums, internships, or fieldwork may not be applied
1170 toward this requirement.
1171 d. A minimum of one supervised clinical practicum,
1172 internship, or field experience in a marriage and family
1173 counseling setting, during which the student provided 180 direct
1174 client contact hours of marriage and family therapy services
1175 under the supervision of an individual who met the requirements
1176 for supervision under paragraph (c). This requirement may be met
1177 by a supervised practice experience which took place outside the
1178 academic arena, but which is certified as equivalent to a
1179 graduate-level practicum or internship program which required a
1180 minimum of 180 direct client contact hours of marriage and
1181 family therapy services currently offered within an academic
1182 program of a college or university accredited by an accrediting
1183 agency approved by the United States Department of Education, or
1184 an institution which is publicly recognized as a member in good
1185 standing with the Association of Universities and Colleges of
1186 Canada or a training institution accredited by the Commission on
1187 Accreditation for Marriage and Family Therapy Education
1188 recognized by the United States Department of Education.
1189 Certification shall be required from an official of such
1190 college, university, or training institution.
1191 2. If the course title that which appears on the
1192 applicant’s transcript does not clearly identify the content of
1193 the coursework, the applicant shall be required to provide
1194 additional documentation, including, but not limited to, a
1195 syllabus or catalog description published for the course.
1196
1197 The required master’s degree must have been received in an
1198 institution of higher education which, at the time the applicant
1199 graduated, was: fully accredited by a regional accrediting body
1200 recognized by the Commission on Recognition of Postsecondary
1201 Accreditation or; publicly recognized as a member in good
1202 standing with the Association of Universities and Colleges of
1203 Canada,; or an institution of higher education located outside
1204 the United States and Canada, which, at the time the applicant
1205 was enrolled and at the time the applicant graduated, maintained
1206 a standard of training substantially equivalent to the standards
1207 of training of those institutions in the United States which are
1208 accredited by a regional accrediting body recognized by the
1209 Commission on Recognition of Postsecondary Accreditation. Such
1210 foreign education and training must have been received in an
1211 institution or program of higher education officially recognized
1212 by the government of the country in which it is located as an
1213 institution or program to train students to practice as
1214 professional marriage and family therapists or psychotherapists.
1215 The applicant has the burden of establishing that the
1216 requirements of this provision have been met shall be upon the
1217 applicant, and the board shall require documentation, such as,
1218 but not limited to, an evaluation by a foreign equivalency
1219 determination service, as evidence that the applicant’s graduate
1220 degree program and education were equivalent to an accredited
1221 program in this country. An applicant with a master’s degree
1222 from a program that which did not emphasize marriage and family
1223 therapy may complete the coursework requirement in a training
1224 institution fully accredited by the Commission on Accreditation
1225 for Marriage and Family Therapy Education recognized by the
1226 United States Department of Education.
1227 (c) Has had at least 2 years of clinical experience during
1228 which 50 percent of the applicant’s clients were receiving
1229 marriage and family therapy services, which must be at the post
1230 master’s level under the supervision of a licensed marriage and
1231 family therapist with at least 5 years of experience, or the
1232 equivalent, who is a qualified supervisor as determined by the
1233 board. An individual who intends to practice in Florida to
1234 satisfy the clinical experience requirements must register
1235 pursuant to s. 491.0045 before commencing practice. If a
1236 graduate has a master’s degree with a major emphasis in marriage
1237 and family therapy or a closely related field which that did not
1238 include all of the coursework required by subparagraph (b)1.
1239 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1240 level clinical experience may shall not commence until the
1241 applicant has completed a minimum of 10 of the courses required
1242 by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1243 determined by the board, and at least 6 semester hours or 9
1244 quarter hours of the course credits must have been completed in
1245 the area of marriage and family systems, theories, or
1246 techniques. Within the 2 3 years of required experience, the
1247 applicant shall provide direct individual, group, or family
1248 therapy and counseling, to include the following categories of
1249 cases including those involving: unmarried dyads, married
1250 couples, separating and divorcing couples, and family groups
1251 that include including children. A doctoral internship may be
1252 applied toward the clinical experience requirement. A licensed
1253 mental health professional must be on the premises when clinical
1254 services are provided by a registered intern in a private
1255 practice setting.
1256 (d) Has passed a theory and practice examination provided
1257 by the department for this purpose.
1258 (e) Has demonstrated, in a manner designated by board rule
1259 of the board, knowledge of the laws and rules governing the
1260 practice of clinical social work, marriage and family therapy,
1261 and mental health counseling.
1262 (f)
1263
1264 For the purposes of dual licensure, the department shall license
1265 as a marriage and family therapist any person who meets the
1266 requirements of s. 491.0057. Fees for dual licensure may shall
1267 not exceed those stated in this subsection.
1268 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1269 documentation and payment of a fee not to exceed $200, as set by
1270 board rule, plus the actual per applicant cost of to the
1271 department for purchase of the examination from the National
1272 Board for Certified Counselors or its successor Professional
1273 Examination Service for the National Academy of Certified
1274 Clinical Mental Health Counselors or a similar national
1275 organization, the department shall issue a license as a mental
1276 health counselor to an applicant who the board certifies:
1277 (a) Has submitted an application and paid the appropriate
1278 fee.
1279 (b)1. Has a minimum of an earned master’s degree from a
1280 mental health counseling program accredited by the Council for
1281 the Accreditation of Counseling and Related Educational Programs
1282 that consists of at least 60 semester hours or 80 quarter hours
1283 of clinical and didactic instruction, including a course in
1284 human sexuality and a course in substance abuse. If the master’s
1285 degree is earned from a program related to the practice of
1286 mental health counseling that is not accredited by the Council
1287 for the Accreditation of Counseling and Related Educational
1288 Programs, then the coursework and practicum, internship, or
1289 fieldwork must consist of at least 60 semester hours or 80
1290 quarter hours and meet all of the following requirements:
1291 a. Thirty-three semester hours or 44 quarter hours of
1292 graduate coursework, which must include a minimum of 3 semester
1293 hours or 4 quarter hours of graduate-level coursework in each of
1294 the following 11 content areas: counseling theories and
1295 practice; human growth and development; diagnosis and treatment
1296 of psychopathology; human sexuality; group theories and
1297 practice; individual evaluation and assessment; career and
1298 lifestyle assessment; research and program evaluation; social
1299 and cultural foundations; substance abuse; and legal, ethical,
1300 and professional standards issues in the practice of mental
1301 health counseling in community settings; and substance abuse.
1302 Courses in research, thesis or dissertation work, practicums,
1303 internships, or fieldwork may not be applied toward this
1304 requirement.
1305 b. A minimum of 3 semester hours or 4 quarter hours of
1306 graduate-level coursework addressing diagnostic processes,
1307 including differential diagnosis and the use of the current
1308 diagnostic tools, such as the current edition of the American
1309 Psychiatric Association’s Diagnostic and Statistical Manual of
1310 Mental Disorders. The graduate program must have emphasized the
1311 common core curricular experience in legal, ethical, and
1312 professional standards issues in the practice of mental health
1313 counseling, which includes goals, objectives, and practices of
1314 professional counseling organizations, codes of ethics, legal
1315 considerations, standards of preparation, certifications and
1316 licensing, and the role identity and professional obligations of
1317 mental health counselors. Courses in research, thesis or
1318 dissertation work, practicums, internships, or fieldwork may not
1319 be applied toward this requirement.
1320 c. The equivalent, as determined by the board, of at least
1321 700 1,000 hours of university-sponsored supervised clinical
1322 practicum, internship, or field experience that includes at
1323 least 280 hours of direct client services, as required in the
1324 accrediting standards of the Council for Accreditation of
1325 Counseling and Related Educational Programs for mental health
1326 counseling programs. This experience may not be used to satisfy
1327 the post-master’s clinical experience requirement.
1328 2. Has provided additional documentation if a the course
1329 title that which appears on the applicant’s transcript does not
1330 clearly identify the content of the coursework., The applicant
1331 shall be required to provide additional documentation must
1332 include, including, but is not limited to, a syllabus or catalog
1333 description published for the course.
1334
1335 Education and training in mental health counseling must have
1336 been received in an institution of higher education that, which
1337 at the time the applicant graduated, was: fully accredited by a
1338 regional accrediting body recognized by the Council for Higher
1339 Education Accreditation or its successor organization or
1340 Commission on Recognition of Postsecondary Accreditation;
1341 publicly recognized as a member in good standing with the
1342 Association of Universities and Colleges of Canada,; or an
1343 institution of higher education located outside the United
1344 States and Canada, which, at the time the applicant was enrolled
1345 and at the time the applicant graduated, maintained a standard
1346 of training substantially equivalent to the standards of
1347 training of those institutions in the United States which are
1348 accredited by a regional accrediting body recognized by the
1349 Council for Higher Education Accreditation or its successor
1350 organization Commission on Recognition of Postsecondary
1351 Accreditation. Such foreign education and training must have
1352 been received in an institution or program of higher education
1353 officially recognized by the government of the country in which
1354 it is located as an institution or program to train students to
1355 practice as mental health counselors. The applicant has the
1356 burden of establishing that the requirements of this provision
1357 have been met shall be upon the applicant, and the board shall
1358 require documentation, such as, but not limited to, an
1359 evaluation by a foreign equivalency determination service, as
1360 evidence that the applicant’s graduate degree program and
1361 education were equivalent to an accredited program in this
1362 country. Beginning July 1, 2024, an applicant must have a
1363 master’s degree from a program that is accredited by the Council
1364 for Accreditation of Counseling and Related Educational Programs
1365 which consists of at least 60 semester hours or 80 quarter hours
1366 to apply for licensure under this paragraph.
1367 (c) Has had at least 2 years of clinical experience in
1368 mental health counseling, which must be at the post-master’s
1369 level under the supervision of a licensed mental health
1370 counselor or the equivalent who is a qualified supervisor as
1371 determined by the board. An individual who intends to practice
1372 in Florida to satisfy the clinical experience requirements must
1373 register pursuant to s. 491.0045 before commencing practice. If
1374 a graduate has a master’s degree with a major related to the
1375 practice of mental health counseling which that did not include
1376 all the coursework required under sub-subparagraphs (b)1.a. and
1377 b. (b)1.a.-b., credit for the post-master’s level clinical
1378 experience may shall not commence until the applicant has
1379 completed a minimum of seven of the courses required under sub
1380 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1381 board, one of which must be a course in psychopathology or
1382 abnormal psychology. A doctoral internship may be applied toward
1383 the clinical experience requirement. A licensed mental health
1384 professional must be on the premises when clinical services are
1385 provided by a registered intern in a private practice setting.
1386 (d) Has passed a theory and practice examination provided
1387 by the department for this purpose.
1388 (e) Has demonstrated, in a manner designated by board rule
1389 of the board, knowledge of the laws and rules governing the
1390 practice of clinical social work, marriage and family therapy,
1391 and mental health counseling.
1392 Section 31. Paragraph (b) of subsection (1) of section
1393 491.006, Florida Statutes, is amended to read:
1394 491.006 Licensure or certification by endorsement.—
1395 (1) The department shall license or grant a certificate to
1396 a person in a profession regulated by this chapter who, upon
1397 applying to the department and remitting the appropriate fee,
1398 demonstrates to the board that he or she:
1399 (b)1. Holds an active valid license to practice and has
1400 actively practiced the licensed profession for which licensure
1401 is applied in another state for 3 of the last 5 years
1402 immediately preceding licensure;.
1403 2. Meets the education requirements of this chapter for the
1404 profession for which licensure is applied.
1405 2.3. Has passed a substantially equivalent licensing
1406 examination in another state or has passed the licensure
1407 examination in this state in the profession for which the
1408 applicant seeks licensure; and.
1409 3.4. Holds a license in good standing, is not under
1410 investigation for an act that would constitute a violation of
1411 this chapter, and has not been found to have committed any act
1412 that would constitute a violation of this chapter.
1413
1414 The fees paid by any applicant for certification as a master
1415 social worker under this section are nonrefundable.
1416 Section 32. Subsection (3) of section 491.007, Florida
1417 Statutes, is amended to read:
1418 491.007 Renewal of license, registration, or certificate.—
1419 (3) The board or department shall prescribe by rule a
1420 method for the biennial renewal of an intern registration at a
1421 fee set by rule, not to exceed $100.
1422 Section 33. Subsection (2) of section 491.009, Florida
1423 Statutes, is amended to read:
1424 491.009 Discipline.—
1425 (2) The board department, or, in the case of certified
1426 master social workers psychologists, the department board, may
1427 enter an order denying licensure or imposing any of the
1428 penalties authorized in s. 456.072(2) against any applicant for
1429 licensure or licensee who is found guilty of violating any
1430 provision of subsection (1) of this section or who is found
1431 guilty of violating any provision of s. 456.072(1).
1432 Section 34. Paragraph (c) of subsection (2) of section
1433 491.0046, Florida Statutes, is amended to read:
1434 491.0046 Provisional license; requirements.—
1435 (2) The department shall issue a provisional clinical
1436 social worker license, provisional marriage and family therapist
1437 license, or provisional mental health counselor license to each
1438 applicant who the board certifies has:
1439 (c) Has Met the following minimum coursework requirements:
1440 1. For clinical social work, a minimum of 15 semester hours
1441 or 22 quarter hours of the coursework required by s.
1442 491.005(1)(b)2.b.
1443 2. For marriage and family therapy, 10 of the courses
1444 required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1445 determined by the board, and at least 6 semester hours or 9
1446 quarter hours of the course credits must have been completed in
1447 the area of marriage and family systems, theories, or
1448 techniques.
1449 3. For mental health counseling, a minimum of seven of the
1450 courses required under s. 491.005(4)(b)1.a.-c.
1451 Section 35. Subsection (11) of section 945.42, Florida
1452 Statutes, is amended to read:
1453 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1454 945.40-945.49, the following terms shall have the meanings
1455 ascribed to them, unless the context shall clearly indicate
1456 otherwise:
1457 (11) “Psychological professional” means a behavioral
1458 practitioner who has an approved doctoral degree in psychology
1459 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1460 the department or who is licensed as a psychologist pursuant to
1461 chapter 490.
1462 Section 36. This act shall take effect July 1, 2019.