Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 713, 2nd Eng.
Ì6244746Î624474
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: CA
03/13/2020 03:23 PM . 03/13/2020 09:03 PM
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Senator Harrell moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a) and (b) of subsection (2) of
6 section 39.303, Florida Statutes, are amended to read:
7 39.303 Child Protection Teams and sexual abuse treatment
8 programs; services; eligible cases.—
9 (2)(a) The Statewide Medical Director for Child Protection
10 must be a physician licensed under chapter 458 or chapter 459
11 who is a board-certified pediatrician with a subspecialty
12 certification in child abuse from the American Board of
13 Pediatrics. The Statewide Medical Director for Child Protection
14 shall report directly to the Deputy Secretary for Children’s
15 Medical Services.
16 (b) Each Child Protection Team medical director must be a
17 physician licensed under chapter 458 or chapter 459 who is a
18 board-certified physician in pediatrics or family medicine and,
19 within 2 years after the date of employment as a Child
20 Protection Team medical director, obtains a subspecialty
21 certification in child abuse from the American Board of
22 Pediatrics or within 2 years meet the minimum requirements
23 established by a third-party credentialing entity recognizing a
24 demonstrated specialized competence in child abuse pediatrics
25 pursuant to paragraph (d). Each Child Protection Team medical
26 director employed on July 1, 2015, must, by July 1, 2019, either
27 obtain a subspecialty certification in child abuse from the
28 American Board of Pediatrics or meet the minimum requirements
29 established by a third-party credentialing entity recognizing a
30 demonstrated specialized competence in child abuse pediatrics
31 pursuant to paragraph (d). Child Protection Team medical
32 directors shall be responsible for oversight of the teams in the
33 circuits. Each Child Protection Team medical director shall
34 report directly to the Statewide Medical Director for Child
35 Protection.
36 Section 2. Section 381.0042, Florida Statutes, is amended
37 to read:
38 381.0042 Patient care for persons with HIV infection.—The
39 department may establish human immunodeficiency virus acquired
40 immune deficiency syndrome patient care networks in each region
41 of the state where the number numbers of cases of acquired
42 immune deficiency syndrome and other human immunodeficiency
43 virus transmission infections justifies the establishment of
44 cost-effective regional patient care networks. Such networks
45 shall be delineated by rule of the department which shall take
46 into account natural trade areas and centers of medical
47 excellence that specialize in the treatment of human
48 immunodeficiency virus acquired immune deficiency syndrome, as
49 well as available federal, state, and other funds. Each patient
50 care network shall include representation of persons with human
51 immunodeficiency virus infection; health care providers;
52 business interests; the department, including, but not limited
53 to, county health departments; and local units of government.
54 Each network shall plan for the care and treatment of persons
55 with human immunodeficiency virus acquired immune deficiency
56 syndrome and acquired immune deficiency syndrome related complex
57 in a cost-effective, dignified manner that which emphasizes
58 outpatient and home care. Once per each year, beginning April
59 1989, each network shall make its recommendations concerning the
60 needs for patient care to the department.
61 Section 3. Subsection (3) of section 381.4018, Florida
62 Statutes, is amended to read:
63 381.4018 Physician workforce assessment and development.—
64 (3) GENERAL FUNCTIONS.—The department shall maximize the
65 use of existing programs under the jurisdiction of the
66 department and other state agencies and coordinate governmental
67 and nongovernmental stakeholders and resources in order to
68 develop a state strategic plan and assess the implementation of
69 such strategic plan. In developing the state strategic plan, the
70 department shall:
71 (a) Monitor, evaluate, and report on the supply and
72 distribution of physicians licensed under chapter 458 or chapter
73 459. The department shall maintain a database to serve as a
74 statewide source of data concerning the physician workforce.
75 (b) Develop a model and quantify, on an ongoing basis, the
76 adequacy of the state’s current and future physician workforce
77 as reliable data becomes available. Such model must take into
78 account demographics, physician practice status, place of
79 education and training, generational changes, population growth,
80 economic indicators, and issues concerning the “pipeline” into
81 medical education.
82 (c) Develop and recommend strategies to determine whether
83 the number of qualified medical school applicants who might
84 become competent, practicing physicians in this state will be
85 sufficient to meet the capacity of the state’s medical schools.
86 If appropriate, the department shall, working with
87 representatives of appropriate governmental and nongovernmental
88 entities, develop strategies and recommendations and identify
89 best practice programs that introduce health care as a
90 profession and strengthen skills needed for medical school
91 admission for elementary, middle, and high school students, and
92 improve premedical education at the precollege and college level
93 in order to increase this state’s potential pool of medical
94 students.
95 (d) Develop strategies to ensure that the number of
96 graduates from the state’s public and private allopathic and
97 osteopathic medical schools is adequate to meet physician
98 workforce needs, based on the analysis of the physician
99 workforce data, so as to provide a high-quality medical
100 education to students in a manner that recognizes the uniqueness
101 of each new and existing medical school in this state.
102 (e) Pursue strategies and policies to create, expand, and
103 maintain graduate medical education positions in the state based
104 on the analysis of the physician workforce data. Such strategies
105 and policies must take into account the effect of federal
106 funding limitations on the expansion and creation of positions
107 in graduate medical education. The department shall develop
108 options to address such federal funding limitations. The
109 department shall consider options to provide direct state
110 funding for graduate medical education positions in a manner
111 that addresses requirements and needs relative to accreditation
112 of graduate medical education programs. The department shall
113 consider funding residency positions as a means of addressing
114 needed physician specialty areas, rural areas having a shortage
115 of physicians, and areas of ongoing critical need, and as a
116 means of addressing the state’s physician workforce needs based
117 on an ongoing analysis of physician workforce data.
118 (f) Develop strategies to maximize federal and state
119 programs that provide for the use of incentives to attract
120 physicians to this state or retain physicians within the state.
121 Such strategies should explore and maximize federal-state
122 partnerships that provide incentives for physicians to practice
123 in federally designated shortage areas, in otherwise medically
124 underserved areas, or in rural areas. Strategies shall also
125 consider the use of state programs, such as the Medical
126 Education Reimbursement and Loan Repayment Program pursuant to
127 s. 1009.65, which provide for education loan repayment or loan
128 forgiveness and provide monetary incentives for physicians to
129 relocate to underserved areas of the state.
130 (g) Coordinate and enhance activities relative to physician
131 workforce needs, undergraduate medical education, graduate
132 medical education, and reentry of retired military and other
133 physicians into the physician workforce provided by the Division
134 of Medical Quality Assurance, area health education center
135 networks established pursuant to s. 381.0402, and other offices
136 and programs within the department as designated by the State
137 Surgeon General.
138 (h) Work in conjunction with and act as a coordinating body
139 for governmental and nongovernmental stakeholders to address
140 matters relating to the state’s physician workforce assessment
141 and development for the purpose of ensuring an adequate supply
142 of well-trained physicians to meet the state’s future needs.
143 Such governmental stakeholders shall include, but need not be
144 limited to, the State Surgeon General or his or her designee,
145 the Commissioner of Education or his or her designee, the
146 Secretary of Health Care Administration or his or her designee,
147 and the Chancellor of the State University System or his or her
148 designee, and, at the discretion of the department, other
149 representatives of state and local agencies that are involved in
150 assessing, educating, or training the state’s current or future
151 physicians. Other stakeholders shall include, but need not be
152 limited to, organizations representing the state’s public and
153 private allopathic and osteopathic medical schools;
154 organizations representing hospitals and other institutions
155 providing health care, particularly those that currently provide
156 or have an interest in providing accredited medical education
157 and graduate medical education to medical students and medical
158 residents; organizations representing allopathic and osteopathic
159 practicing physicians; and, at the discretion of the department,
160 representatives of other organizations or entities involved in
161 assessing, educating, or training the state’s current or future
162 physicians.
163 (i) Serve as a liaison with other states and federal
164 agencies and programs in order to enhance resources available to
165 the state’s physician workforce and medical education continuum.
166 (j) Act as a clearinghouse for collecting and disseminating
167 information concerning the physician workforce and medical
168 education continuum in this state.
169
170 The department may adopt rules to implement this subsection,
171 including rules that establish guidelines to implement the
172 federal Conrad 30 Waiver Program created under s. 214(l) of the
173 Immigration and Nationality Act.
174 Section 4. Paragraph (c) of subsection (4) of section
175 381.915, Florida Statutes, is amended to read:
176 381.915 Florida Consortium of National Cancer Institute
177 Centers Program.—
178 (4) Tier designations and corresponding weights within the
179 Florida Consortium of National Cancer Institute Centers Program
180 are as follows:
181 (c) Tier 3: Florida-based cancer centers seeking
182 designation as either a NCI-designated cancer center or NCI
183 designated comprehensive cancer center, which shall be weighted
184 at 1.0.
185 1. A cancer center shall meet the following minimum
186 criteria to be considered eligible for Tier 3 designation in any
187 given fiscal year:
188 a. Conducting cancer-related basic scientific research and
189 cancer-related population scientific research;
190 b. Offering and providing the full range of diagnostic and
191 treatment services on site, as determined by the Commission on
192 Cancer of the American College of Surgeons;
193 c. Hosting or conducting cancer-related interventional
194 clinical trials that are registered with the NCI’s Clinical
195 Trials Reporting Program;
196 d. Offering degree-granting programs or affiliating with
197 universities through degree-granting programs accredited or
198 approved by a nationally recognized agency and offered through
199 the center or through the center in conjunction with another
200 institution accredited by the Commission on Colleges of the
201 Southern Association of Colleges and Schools;
202 e. Providing training to clinical trainees, medical
203 trainees accredited by the Accreditation Council for Graduate
204 Medical Education or the American Osteopathic Association, and
205 postdoctoral fellows recently awarded a doctorate degree; and
206 f. Having more than $5 million in annual direct costs
207 associated with their total NCI peer-reviewed grant funding.
208 2. The General Appropriations Act or accompanying
209 legislation may limit the number of cancer centers which shall
210 receive Tier 3 designations or provide additional criteria for
211 such designation.
212 3. A cancer center’s participation in Tier 3 may not extend
213 beyond June 30, 2024 shall be limited to 6 years.
214 4. A cancer center that qualifies as a designated Tier 3
215 center under the criteria provided in subparagraph 1. by July 1,
216 2014, is authorized to pursue NCI designation as a cancer center
217 or a comprehensive cancer center until June 30, 2024 for 6 years
218 after qualification.
219 Section 5. Paragraphs (c) and (d) of subsection (1) of
220 section 401.35, Florida Statutes, are amended to read:
221 401.35 Rules.—The department shall adopt rules, including
222 definitions of terms, necessary to carry out the purposes of
223 this part.
224 (1) The rules must provide at least minimum standards
225 governing:
226 (c) Ground ambulance and vehicle equipment and supplies
227 that a licensee with a valid vehicle permit under s. 401.26 is
228 required to maintain to provide basic or advanced life support
229 services at least as comprehensive as those published in the
230 most current edition of the American College of Surgeons,
231 Committee on Trauma, list of essential equipment for ambulances,
232 as interpreted by rules of the department.
233 (d) Ground ambulance or vehicle design and construction
234 based on national standards recognized by the department and at
235 least equal to those most currently recommended by the United
236 States General Services Administration as interpreted by
237 department rule rules of the department.
238 Section 6. Subsection (21) is added to section 404.031,
239 Florida Statutes, to read:
240 404.031 Definitions.—As used in this chapter, unless the
241 context clearly indicates otherwise, the term:
242 (21) ″Useful beam″ means that portion of the radiation
243 emitted from a radiation machine through the aperture of the
244 machine′s beam-limiting device which is designed to focus the
245 radiation on the intended target in order to accomplish the
246 machine′s purpose when the machine′s exposure controls are in a
247 mode to cause the system to produce radiation.
248 Section 7. Subsections (7) and (8) are added to section
249 404.22, Florida Statutes, to read:
250 404.22 Radiation machines and components; inspection.—
251 (7) Radiation machines that are used to intentionally
252 expose a human being to the useful beam:
253 (a) Must be maintained and operated according to
254 manufacturer standards or nationally recognized consensus
255 standards accepted by the department;
256 (b) Must be operated at the lowest exposure that will
257 achieve the intended purpose of the exposure; and
258 (c) May not be modified in a manner that causes the
259 original parts to operate in a way that differs from the
260 original manufacturer′s design specification or the parameters
261 approved for the machine and its components by the United States
262 Food and Drug Administration.
263 (8) A human being may be exposed to the useful beam of a
264 radiation machine only under the following conditions:
265 (a) For the purpose of medical or health care, if a
266 licensed health care practitioner operating within the scope of
267 his or her practice has determined that the exposure provides a
268 medical or health benefit greater than the health risks posed by
269 the exposure and the health care practitioner uses the results
270 of the exposure in the medical or health care of the exposed
271 individual; or
272 (b) For the purpose of providing security for facilities or
273 other venues, if the exposure is determined to provide a life
274 safety benefit to the individual exposed which is greater than
275 the health risk posed by the exposure. Such determination must
276 be made by an individual trained in evaluating and calculating
277 comparative mortality and morbidity risks according to standards
278 set by the department. To be valid, the calculation and method
279 of making the determination must be submitted to and accepted by
280 the department. Limits to annual total exposure for security
281 purposes must be adopted by department rule based on nationally
282 recognized limits or relevant consensus standards.
283 Section 8. Paragraphs (a) and (b) of subsection (1) of
284 section 456.013, Florida Statutes, are amended to read:
285 456.013 Department; general licensing provisions.—
286 (1)(a) Any person desiring to be licensed in a profession
287 within the jurisdiction of the department must shall apply to
288 the department in writing to take the licensure examination. The
289 application must shall be made on a form prepared and furnished
290 by the department. The application form must be available on the
291 Internet World Wide Web and the department may accept
292 electronically submitted applications. The application shall
293 require the social security number and date of birth of the
294 applicant, except as provided in paragraphs (b) and (c). The
295 form shall be supplemented as needed to reflect any material
296 change in any circumstance or condition stated in the
297 application which takes place between the initial filing of the
298 application and the final grant or denial of the license and
299 which might affect the decision of the department. If an
300 application is submitted electronically, the department may
301 require supplemental materials, including an original signature
302 of the applicant and verification of credentials, to be
303 submitted in a nonelectronic format. An incomplete application
304 shall expire 1 year after initial filing. In order to further
305 the economic development goals of the state, and notwithstanding
306 any law to the contrary, the department may enter into an
307 agreement with the county tax collector for the purpose of
308 appointing the county tax collector as the department’s agent to
309 accept applications for licenses and applications for renewals
310 of licenses. The agreement must specify the time within which
311 the tax collector must forward any applications and accompanying
312 application fees to the department.
313 (b) If an applicant has not been issued a social security
314 number by the Federal Government at the time of application
315 because the applicant is not a citizen or resident of this
316 country, the department may process the application using a
317 unique personal identification number. If such an applicant is
318 otherwise eligible for licensure, the board, or the department
319 when there is no board, may issue a temporary license to the
320 applicant, which shall expire 30 days after issuance unless a
321 social security number is obtained and submitted in writing to
322 the department. A temporary license issued under this paragraph
323 to an applicant who has accepted a position with an accredited
324 residency, internship, or fellowship program in this state and
325 is applying for registration under s. 458.345 or s. 459.021
326 shall expire 60 days after issuance unless the applicant obtains
327 a social security number and submits it in writing to the
328 department. Upon receipt of the applicant’s social security
329 number, the department shall issue a new license, which shall
330 expire at the end of the current biennium.
331 Section 9. Paragraph (o) of subsection (3) of section
332 456.053, Florida Statutes, is amended to read:
333 456.053 Financial arrangements between referring health
334 care providers and providers of health care services.—
335 (3) DEFINITIONS.—For the purpose of this section, the word,
336 phrase, or term:
337 (o) “Referral” means any referral of a patient by a health
338 care provider for health care services, including, without
339 limitation:
340 1. The forwarding of a patient by a health care provider to
341 another health care provider or to an entity which provides or
342 supplies designated health services or any other health care
343 item or service; or
344 2. The request or establishment of a plan of care by a
345 health care provider, which includes the provision of designated
346 health services or other health care item or service.
347 3. The following orders, recommendations, or plans of care
348 shall not constitute a referral by a health care provider:
349 a. By a radiologist for diagnostic-imaging services.
350 b. By a physician specializing in the provision of
351 radiation therapy services for such services.
352 c. By a medical oncologist for drugs and solutions to be
353 prepared and administered intravenously to such oncologist’s
354 patient, as well as for the supplies and equipment used in
355 connection therewith to treat such patient for cancer and the
356 complications thereof.
357 d. By a cardiologist for cardiac catheterization services.
358 e. By a pathologist for diagnostic clinical laboratory
359 tests and pathological examination services, if furnished by or
360 under the supervision of such pathologist pursuant to a
361 consultation requested by another physician.
362 f. By a health care provider who is the sole provider or
363 member of a group practice for designated health services or
364 other health care items or services that are prescribed or
365 provided solely for such referring health care provider’s or
366 group practice’s own patients, and that are provided or
367 performed by or under the direct supervision of such referring
368 health care provider or group practice; provided, however, that
369 effective July 1, 1999, a physician licensed pursuant to chapter
370 458, chapter 459, chapter 460, or chapter 461 may refer a
371 patient to a sole provider or group practice for diagnostic
372 imaging services, excluding radiation therapy services, for
373 which the sole provider or group practice billed both the
374 technical and the professional fee for or on behalf of the
375 patient, if the referring physician has no investment interest
376 in the practice. The diagnostic imaging service referred to a
377 group practice or sole provider must be a diagnostic imaging
378 service normally provided within the scope of practice to the
379 patients of the group practice or sole provider. The group
380 practice or sole provider may accept no more than 15 percent of
381 their patients receiving diagnostic imaging services from
382 outside referrals, excluding radiation therapy services.
383 However, the 15 percent limitation of this sub-subparagraph and
384 the requirements of subparagraph (4)(a)2. do not apply to a
385 group practice entity that owns an accountable care organization
386 or an entity operating under an advanced alternative payment
387 model according to federal regulations if such entity provides
388 diagnostic imaging services to more than 30,000 patients per
389 year.
390 g. By a health care provider for services provided by an
391 ambulatory surgical center licensed under chapter 395.
392 h. By a urologist for lithotripsy services.
393 i. By a dentist for dental services performed by an
394 employee of or health care provider who is an independent
395 contractor with the dentist or group practice of which the
396 dentist is a member.
397 j. By a physician for infusion therapy services to a
398 patient of that physician or a member of that physician’s group
399 practice.
400 k. By a nephrologist for renal dialysis services and
401 supplies, except laboratory services.
402 l. By a health care provider whose principal professional
403 practice consists of treating patients in their private
404 residences for services to be rendered in such private
405 residences, except for services rendered by a home health agency
406 licensed under chapter 400. For purposes of this sub
407 subparagraph, the term “private residences” includes patients’
408 private homes, independent living centers, and assisted living
409 facilities, but does not include skilled nursing facilities.
410 m. By a health care provider for sleep-related testing.
411 Section 10. Effective upon this act becoming a law,
412 paragraphs (a), (k), and (t), of subsection (1) and subsection
413 (2) of section 456.072, Florida Statutes, are amended to read:
414 456.072 Grounds for discipline; penalties; enforcement.—
415 (1) The following acts shall constitute grounds for which
416 the disciplinary actions specified in subsection (2) may be
417 taken:
418 (a) Making misleading, deceptive, or fraudulent
419 representations in or related to the practice of the licensee’s
420 profession or specialty designation.
421 (k) Failing to perform any statutory or legal obligation
422 placed upon a licensee. For purposes of this section, failing to
423 repay a student loan issued or guaranteed by the state or the
424 Federal Government in accordance with the terms of the loan is
425 not or failing to comply with service scholarship obligations
426 shall be considered a failure to perform a statutory or legal
427 obligation, and the minimum disciplinary action imposed shall be
428 a suspension of the license until new payment terms are agreed
429 upon or the scholarship obligation is resumed, followed by
430 probation for the duration of the student loan or remaining
431 scholarship obligation period, and a fine equal to 10 percent of
432 the defaulted loan amount. Fines collected shall be deposited
433 into the Medical Quality Assurance Trust Fund.
434 (t) Failing to identify through written notice, which may
435 include the wearing of a name tag, or orally to a patient the
436 type of license or specialty designation under which the
437 practitioner is practicing. Any advertisement for health care
438 services naming the practitioner must identify the type of
439 license the practitioner holds. This paragraph does not apply to
440 a practitioner while the practitioner is providing services in a
441 facility licensed under chapter 394, chapter 395, chapter 400,
442 or chapter 429. The department shall enforce this paragraph Each
443 board, or the department where there is no board, is authorized
444 by rule to determine how its practitioners may comply with this
445 disclosure requirement.
446 (2)(a) When the board, or the department when there is no
447 board, finds any person guilty of the grounds set forth in
448 subsection (1) or of any grounds set forth in the applicable
449 practice act, including conduct constituting a substantial
450 violation of subsection (1) or a violation of the applicable
451 practice act which occurred prior to obtaining a license, it may
452 enter an order imposing one or more of the following penalties:
453 1.(a) Refusal to certify, or to certify with restrictions,
454 an application for a license.
455 2.(b) Suspension or permanent revocation of a license.
456 3.(c) Restriction of practice or license, including, but
457 not limited to, restricting the licensee from practicing in
458 certain settings, restricting the licensee to work only under
459 designated conditions or in certain settings, restricting the
460 licensee from performing or providing designated clinical and
461 administrative services, restricting the licensee from
462 practicing more than a designated number of hours, or any other
463 restriction found to be necessary for the protection of the
464 public health, safety, and welfare.
465 4.(d) Imposition of an administrative fine not to exceed
466 $10,000 for each count or separate offense. If the violation is
467 for fraud or making a false or fraudulent representation, the
468 board, or the department if there is no board, must impose a
469 fine of $10,000 per count or offense.
470 5.(e) Issuance of a reprimand or letter of concern.
471 6.(f) Placement of the licensee on probation for a period
472 of time and subject to such conditions as the board, or the
473 department when there is no board, may specify. Those conditions
474 may include, but are not limited to, requiring the licensee to
475 undergo treatment, attend continuing education courses, submit
476 to be reexamined, work under the supervision of another
477 licensee, or satisfy any terms which are reasonably tailored to
478 the violations found.
479 7.(g) Corrective action.
480 8.(h) Imposition of an administrative fine in accordance
481 with s. 381.0261 for violations regarding patient rights.
482 9.(i) Refund of fees billed and collected from the patient
483 or a third party on behalf of the patient.
484 10.(j) Requirement that the practitioner undergo remedial
485 education.
486
487 In determining what action is appropriate, the board, or
488 department when there is no board, must first consider what
489 sanctions are necessary to protect the public or to compensate
490 the patient. Only after those sanctions have been imposed may
491 the disciplining authority consider and include in the order
492 requirements designed to rehabilitate the practitioner. All
493 costs associated with compliance with orders issued under this
494 subsection are the obligation of the practitioner.
495 (b)1. If the department finds that any licensed health care
496 practitioner has violated paragraph (1)(a), the department must
497 issue an emergency order to the practitioner to cease and desist
498 the use of such name, title, words, letter, abbreviations, or
499 insignia. The department shall send the emergency cease and
500 desist order to the practitioner by certified mail and e-mail to
501 the practitioner’s physical address and e-mail address of record
502 on file with the department and to any other mailing address or
503 e-mail address through which the department believes the person
504 may be reached.
505 2. If the practitioner does not cease and desist his or her
506 actions in violation of paragraph (1)(a) immediately upon
507 receipt of the emergency cease and desist order, the department
508 must enter an order imposing any of the following penalties, or
509 a combination thereof, until the practitioner complies with the
510 cease and desist order:
511 a. A citation and a daily fine.
512 b. A reprimand or a letter of concern.
513 c. Suspension of license.
514 Section 11. Section 456.0721, Florida Statutes, is
515 repealed.
516 Section 12. Subsection (4) of section 456.074, Florida
517 Statutes, is amended to read:
518 456.074 Certain health care practitioners; immediate
519 suspension of license.—
520 (4) Upon receipt of information that a Florida-licensed
521 health care practitioner has defaulted on a student loan issued
522 or guaranteed by the state or the Federal Government, the
523 department shall notify the licensee by certified mail that he
524 or she shall be subject to immediate suspension of license
525 unless, within 45 days after the date of mailing, the licensee
526 provides proof that new payment terms have been agreed upon by
527 all parties to the loan. The department shall issue an emergency
528 order suspending the license of any licensee who, after 45 days
529 following the date of mailing from the department, has failed to
530 provide such proof. Production of such proof shall not prohibit
531 the department from proceeding with disciplinary action against
532 the licensee pursuant to s. 456.073.
533 Section 13. Subsection (1) of section 458.3145, Florida
534 Statutes, is amended to read:
535 458.3145 Medical faculty certificate.—
536 (1) A medical faculty certificate may be issued without
537 examination to an individual who:
538 (a) Is a graduate of an accredited medical school or its
539 equivalent, or is a graduate of a foreign medical school listed
540 with the World Health Organization;
541 (b) Holds a valid, current license to practice medicine in
542 another jurisdiction;
543 (c) Has completed the application form and remitted a
544 nonrefundable application fee not to exceed $500;
545 (d) Has completed an approved residency or fellowship of at
546 least 1 year or has received training which has been determined
547 by the board to be equivalent to the 1-year residency
548 requirement;
549 (e) Is at least 21 years of age;
550 (f) Is of good moral character;
551 (g) Has not committed any act in this or any other
552 jurisdiction which would constitute the basis for disciplining a
553 physician under s. 458.331;
554 (h) For any applicant who has graduated from medical school
555 after October 1, 1992, has completed, before entering medical
556 school, the equivalent of 2 academic years of preprofessional,
557 postsecondary education, as determined by rule of the board,
558 which must include, at a minimum, courses in such fields as
559 anatomy, biology, and chemistry; and
560 (i) Has been offered and has accepted a full-time faculty
561 appointment to teach in a program of medicine at:
562 1. The University of Florida;
563 2. The University of Miami;
564 3. The University of South Florida;
565 4. The Florida State University;
566 5. The Florida International University;
567 6. The University of Central Florida;
568 7. The Mayo Clinic College of Medicine and Science in
569 Jacksonville, Florida;
570 8. The Florida Atlantic University; or
571 9. The Johns Hopkins All Children’s Hospital in St.
572 Petersburg, Florida;
573 10. Nova Southeastern University; or
574 11. Lake Erie College of Osteopathic Medicine.
575 Section 14. Section 458.3312, Florida Statutes, is amended
576 to read:
577 458.3312 Specialties.—A physician licensed under this
578 chapter may not hold himself or herself out as a board-certified
579 specialist unless the physician has received formal recognition
580 as a specialist from a specialty board of the American Board of
581 Medical Specialties or other recognizing agency that has been
582 approved by the board. However, a physician may indicate the
583 services offered and may state that his or her practice is
584 limited to one or more types of services when this accurately
585 reflects the scope of practice of the physician. A physician may
586 not hold himself or herself out as a board-certified specialist
587 in dermatology unless the recognizing agency, whether authorized
588 in statute or by rule, is triennially reviewed and reauthorized
589 by the Board of Medicine.
590 Section 15. Subsection (1) of section 459.0055, Florida
591 Statutes, is amended to read:
592 459.0055 General licensure requirements.—
593 (1) Except as otherwise provided herein, any person
594 desiring to be licensed or certified as an osteopathic physician
595 pursuant to this chapter shall:
596 (a) Complete an application form and submit the appropriate
597 fee to the department;
598 (b) Be at least 21 years of age;
599 (c) Be of good moral character;
600 (d) Have completed at least 3 years of preprofessional
601 postsecondary education;
602 (e) Have not previously committed any act that would
603 constitute a violation of this chapter, unless the board
604 determines that such act does not adversely affect the
605 applicant’s present ability and fitness to practice osteopathic
606 medicine;
607 (f) Not be under investigation in any jurisdiction for an
608 act that would constitute a violation of this chapter. If, upon
609 completion of such investigation, it is determined that the
610 applicant has committed an act that would constitute a violation
611 of this chapter, the applicant is ineligible for licensure
612 unless the board determines that such act does not adversely
613 affect the applicant’s present ability and fitness to practice
614 osteopathic medicine;
615 (g) Have not had an application for a license to practice
616 osteopathic medicine denied or a license to practice osteopathic
617 medicine revoked, suspended, or otherwise acted against by the
618 licensing authority of any jurisdiction unless the board
619 determines that the grounds on which such action was taken do
620 not adversely affect the applicant’s present ability and fitness
621 to practice osteopathic medicine. A licensing authority’s
622 acceptance of a physician’s relinquishment of license,
623 stipulation, consent order, or other settlement, offered in
624 response to or in anticipation of the filing of administrative
625 charges against the osteopathic physician, shall be considered
626 action against the osteopathic physician’s license;
627 (h) Not have received less than a satisfactory evaluation
628 from an internship, residency, or fellowship training program,
629 unless the board determines that such act does not adversely
630 affect the applicant’s present ability and fitness to practice
631 osteopathic medicine. Such evaluation shall be provided by the
632 director of medical education from the medical training
633 facility;
634 (i) Have met the criteria set forth in s. 459.0075, s.
635 459.0077, or s. 459.021, whichever is applicable;
636 (j) Submit to the department a set of fingerprints on a
637 form and under procedures specified by the department, along
638 with a payment in an amount equal to the costs incurred by the
639 Department of Health for the criminal background check of the
640 applicant;
641 (k) Demonstrate that he or she is a graduate of a medical
642 college recognized and approved by the American Osteopathic
643 Association;
644 (l) Demonstrate that she or he has successfully completed
645 an internship or residency a resident internship of not less
646 than 12 months in a program accredited hospital approved for
647 this purpose by the Board of Trustees of the American
648 Osteopathic Association or the Accreditation Council for
649 Graduate Medical Education any other internship program approved
650 by the board upon a showing of good cause by the applicant. This
651 requirement may be waived for an applicant who matriculated in a
652 college of osteopathic medicine during or before 1948; and
653 (m) Demonstrate that she or he has obtained a passing
654 score, as established by rule of the board, on all parts of the
655 examination conducted by the National Board of Osteopathic
656 Medical Examiners or other examination approved by the board no
657 more than 5 years before making application in this state or, if
658 holding a valid active license in another state, that the
659 initial licensure in the other state occurred no more than 5
660 years after the applicant obtained a passing score on the
661 examination conducted by the National Board of Osteopathic
662 Medical Examiners or other substantially similar examination
663 approved by the board.
664 Section 16. Section 460.4166, Florida Statutes, is
665 repealed.
666 Section 17. Effective upon this act becoming a law,
667 subsections (8) and (10) of section 464.019, Florida Statutes,
668 are amended, and paragraph (f) is added to subsection (11) of
669 that section, to read:
670 464.019 Approval of nursing education programs.—
671 (8) RULEMAKING.—The board does not have rulemaking
672 authority to administer this section, except that the board
673 shall adopt rules that prescribe the format for submitting
674 program applications under subsection (1) and annual reports
675 under subsection (3), and to administer the documentation of the
676 accreditation of nursing education programs under subsection
677 (11). The board may adopt rules relating to the nursing
678 curriculum, including rules relating to the uses and limitations
679 of simulation technology, and rules relating to the criteria to
680 qualify for an extension of time to meet the accreditation
681 requirements under paragraph (11)(f). The board may not impose
682 any condition or requirement on an educational institution
683 submitting a program application, an approved program, or an
684 accredited program, except as expressly provided in this
685 section.
686 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
687 shall study the administration of this section and submit
688 reports to the Governor, the President of the Senate, and the
689 Speaker of the House of Representatives annually by January 30,
690 through January 30, 2025 2020. The annual reports shall address
691 the previous academic year; provide data on the measures
692 specified in paragraphs (a) and (b), as such data becomes
693 available; and include an evaluation of such data for purposes
694 of determining whether this section is increasing the
695 availability of nursing education programs and the production of
696 quality nurses. The department and each approved program or
697 accredited program shall comply with requests for data from the
698 Florida Center for Nursing.
699 (a) The Florida Center for Nursing shall evaluate program
700 specific data for each approved program and accredited program
701 conducted in the state, including, but not limited to:
702 1. The number of programs and student slots available.
703 2. The number of student applications submitted, the number
704 of qualified applicants, and the number of students accepted.
705 3. The number of program graduates.
706 4. Program retention rates of students tracked from program
707 entry to graduation.
708 5. Graduate passage rates on the National Council of State
709 Boards of Nursing Licensing Examination.
710 6. The number of graduates who become employed as practical
711 or professional nurses in the state.
712 (b) The Florida Center for Nursing shall evaluate the
713 board’s implementation of the:
714 1. Program application approval process, including, but not
715 limited to, the number of program applications submitted under
716 subsection (1),; the number of program applications approved and
717 denied by the board under subsection (2),; the number of denials
718 of program applications reviewed under chapter 120,; and a
719 description of the outcomes of those reviews.
720 2. Accountability processes, including, but not limited to,
721 the number of programs on probationary status, the number of
722 approved programs for which the program director is required to
723 appear before the board under subsection (5), the number of
724 approved programs terminated by the board, the number of
725 terminations reviewed under chapter 120, and a description of
726 the outcomes of those reviews.
727 (c) The Florida Center for Nursing shall complete an annual
728 assessment of compliance by programs with the accreditation
729 requirements of subsection (11), include in the assessment a
730 determination of the accreditation process status for each
731 program, and submit the assessment as part of the reports
732 required by this subsection.
733 (11) ACCREDITATION REQUIRED.—
734 (f) An approved nursing education program may, no sooner
735 than 90 days before the deadline for meeting the accreditation
736 requirements of this subsection, apply to the board for an
737 extension of the accreditation deadline for a period which does
738 not exceed 2 years. An additional extension may not be granted.
739 In order to be eligible for the extension, the approved program
740 must establish that it has a graduate passage rate of 60 percent
741 or higher on the National Council of State Boards of Nursing
742 Licensing Examination for the most recent calendar year and must
743 meet a majority of the board’s additional criteria, including,
744 but not limited to, all of the following:
745 1. A student retention rate of 60 percent or higher for the
746 most recent calendar year.
747 2. A graduate work placement rate of 70 percent or higher
748 for the most recent calendar year.
749 3. The program has applied for approval or been approved by
750 an institutional or programmatic accreditor recognized by the
751 United States Department of Education.
752 4. The program is in full compliance with subsections (1)
753 and (3) and paragraph (5)(b).
754 5. The program is not currently in its second year of
755 probationary status under subsection (5).
756
757 The applicable deadline under this paragraph is tolled from the
758 date on which an approved program applies for an extension until
759 the date on which the board issues a decision on the requested
760 extension.
761 Section 18. Section 464.202, Florida Statutes, is amended
762 to read:
763 464.202 Duties and powers of the board.—The board shall
764 maintain, or contract with or approve another entity to
765 maintain, a state registry of certified nursing assistants. The
766 registry must consist of the name of each certified nursing
767 assistant in this state; other identifying information defined
768 by board rule; certification status; the effective date of
769 certification; other information required by state or federal
770 law; information regarding any crime or any abuse, neglect, or
771 exploitation as provided under chapter 435; and any disciplinary
772 action taken against the certified nursing assistant. The
773 registry shall be accessible to the public, the
774 certificateholder, employers, and other state agencies. The
775 board shall adopt by rule testing procedures for use in
776 certifying nursing assistants and shall adopt rules regulating
777 the practice of certified nursing assistants, including
778 disciplinary procedures and standards of practice, and
779 specifying the scope of practice authorized and the level of
780 supervision required for the practice of certified nursing
781 assistants. The board may contract with or approve another
782 entity or organization to provide the examination services,
783 including the development and administration of examinations.
784 The board shall require that the contract provider offer
785 certified nursing assistant applications via the Internet, and
786 may require the contract provider to accept certified nursing
787 assistant applications for processing via the Internet. The
788 board shall require the contract provider to provide the
789 preliminary results of the certified nursing examination on the
790 date the test is administered. The provider shall pay all
791 reasonable costs and expenses incurred by the board in
792 evaluating the provider’s application and performance during the
793 delivery of services, including examination services and
794 procedures for maintaining the certified nursing assistant
795 registry.
796 Section 19. Paragraph (c) of subsection (1) of section
797 464.203, Florida Statutes, is amended to read:
798 464.203 Certified nursing assistants; certification
799 requirement.—
800 (1) The board shall issue a certificate to practice as a
801 certified nursing assistant to any person who demonstrates a
802 minimum competency to read and write and successfully passes the
803 required background screening pursuant to s. 400.215. If the
804 person has successfully passed the required background screening
805 pursuant to s. 400.215 or s. 408.809 within 90 days before
806 applying for a certificate to practice and the person’s
807 background screening results are not retained in the
808 clearinghouse created under s. 435.12, the board shall waive the
809 requirement that the applicant successfully pass an additional
810 background screening pursuant to s. 400.215. The person must
811 also meet one of the following requirements:
812 (c) Is currently certified in another state or territory of
813 the United States or in the District of Columbia; is listed on
814 that jurisdiction’s state’s certified nursing assistant
815 registry; and has not been found to have committed abuse,
816 neglect, or exploitation in that jurisdiction state.
817 Section 20. Paragraph (b) of subsection (1) of section
818 464.204, Florida Statutes, is amended to read:
819 464.204 Denial, suspension, or revocation of certification;
820 disciplinary actions.—
821 (1) The following acts constitute grounds for which the
822 board may impose disciplinary sanctions as specified in
823 subsection (2):
824 (b) Intentionally Violating any provision of this chapter,
825 chapter 456, or the rules adopted by the board.
826 Section 21. Subsections (3) and (4) of section 466.006,
827 Florida Statutes, are amended to read:
828 466.006 Examination of dentists.—
829 (3) If an applicant is a graduate of a dental college or
830 school not accredited in accordance with paragraph (2)(b) or of
831 a dental college or school not approved by the board, the
832 applicant is not entitled to take the examinations required in
833 this section to practice dentistry until she or he satisfies one
834 of the following:
835 (a) Completes a program of study, as defined by the board
836 by rule, at an accredited American dental school and
837 demonstrates receipt of a D.D.S. or D.M.D. from said school; or
838 (b) Submits proof of having successfully completed at least
839 2 consecutive academic years at a full-time supplemental general
840 dentistry program accredited by the American Dental Association
841 Commission on Dental Accreditation. This program must provide
842 didactic and clinical education at the level of a D.D.S. or
843 D.M.D. program accredited by the American Dental Association
844 Commission on Dental Accreditation. For purposes of this
845 paragraph, a supplemental general dentistry program does not
846 include an advanced education program in a dental specialty.
847 (4) Notwithstanding any other provision of law in chapter
848 456 pertaining to the clinical dental licensure examination or
849 national examinations, to be licensed as a dentist in this
850 state, an applicant must successfully complete both of the
851 following:
852 (a) A written examination on the laws and rules of the
853 state regulating the practice of dentistry.;
854 (b)1. A practical or clinical examination, which must shall
855 be the American Dental Licensing Examination produced by the
856 American Board of Dental Examiners, Inc., or its successor
857 entity, if any, that is administered in this state and graded by
858 dentists licensed in this state and employed by the department
859 for just such purpose, provided that the board has attained, and
860 continues to maintain thereafter, representation on the board of
861 directors of the American Board of Dental Examiners, the
862 examination development committee of the American Board of
863 Dental Examiners, and such other committees of the American
864 Board of Dental Examiners as the board deems appropriate by rule
865 to assure that the standards established herein are maintained
866 organizationally. A passing score on the American Dental
867 Licensing Examination administered in this state and graded by
868 dentists who are licensed in this state is valid for 365 days
869 after the date the official examination results are published.
870 1.2.a. As an alternative to such practical or clinical
871 examination the requirements of subparagraph 1., an applicant
872 may submit scores from an American Dental Licensing Examination
873 previously administered in a jurisdiction other than this state
874 after October 1, 2011, and such examination results shall be
875 recognized as valid for the purpose of licensure in this state.
876 A passing score on the American Dental Licensing Examination
877 administered out of state out-of-state shall be the same as the
878 passing score for the American Dental Licensing Examination
879 administered in this state and graded by dentists who are
880 licensed in this state. The examination results are valid for
881 365 days after the date the official examination results are
882 published. The applicant must have completed the examination
883 after October 1, 2011.
884 b. This subparagraph may not be given retroactive
885 application.
886 2.3. If the date of an applicant’s passing American Dental
887 Licensing Examination scores from an examination previously
888 administered in a jurisdiction other than this state under
889 subparagraph 1. subparagraph 2. is older than 365 days, then
890 such scores are shall nevertheless be recognized as valid for
891 the purpose of licensure in this state, but only if the
892 applicant demonstrates that all of the following additional
893 standards have been met:
894 a.(I) The applicant completed the American Dental Licensing
895 Examination after October 1, 2011.
896 (II) This sub-subparagraph may not be given retroactive
897 application;
898 b. The applicant graduated from a dental school accredited
899 by the American Dental Association Commission on Dental
900 Accreditation or its successor entity, if any, or any other
901 dental accrediting organization recognized by the United States
902 Department of Education. Provided, however, if the applicant did
903 not graduate from such a dental school, the applicant may submit
904 proof of having successfully completed a full-time supplemental
905 general dentistry program accredited by the American Dental
906 Association Commission on Dental Accreditation of at least 2
907 consecutive academic years at such accredited sponsoring
908 institution. Such program must provide didactic and clinical
909 education at the level of a D.D.S. or D.M.D. program accredited
910 by the American Dental Association Commission on Dental
911 Accreditation. For purposes of this sub-subparagraph, a
912 supplemental general dentistry program does not include an
913 advanced education program in a dental specialty;
914 c. The applicant currently possesses a valid and active
915 dental license in good standing, with no restriction, which has
916 never been revoked, suspended, restricted, or otherwise
917 disciplined, from another state or territory of the United
918 States, the District of Columbia, or the Commonwealth of Puerto
919 Rico;
920 d. The applicant submits proof that he or she has never
921 been reported to the National Practitioner Data Bank, the
922 Healthcare Integrity and Protection Data Bank, or the American
923 Association of Dental Boards Clearinghouse. This sub
924 subparagraph does not apply if the applicant successfully
925 appealed to have his or her name removed from the data banks of
926 these agencies;
927 e.(I)(A) In the 5 years immediately preceding the date of
928 application for licensure in this state, The applicant submits
929 must submit proof of having been consecutively engaged in the
930 full-time practice of dentistry in another state or territory of
931 the United States, the District of Columbia, or the Commonwealth
932 of Puerto Rico in the 5 years immediately preceding the date of
933 application for licensure in this state;, or,
934 (B) If the applicant has been licensed in another state or
935 territory of the United States, the District of Columbia, or the
936 Commonwealth of Puerto Rico for less than 5 years, the applicant
937 submits must submit proof of having been engaged in the full
938 time practice of dentistry since the date of his or her initial
939 licensure.
940 (II) As used in this section, “full-time practice” is
941 defined as a minimum of 1,200 hours per year for each and every
942 year in the consecutive 5-year period or, when where applicable,
943 the period since initial licensure, and must include any
944 combination of the following:
945 (A) Active clinical practice of dentistry providing direct
946 patient care.
947 (B) Full-time practice as a faculty member employed by a
948 dental or dental hygiene school approved by the board or
949 accredited by the American Dental Association Commission on
950 Dental Accreditation.
951 (C) Full-time practice as a student at a postgraduate
952 dental education program approved by the board or accredited by
953 the American Dental Association Commission on Dental
954 Accreditation.
955 (III) The board shall develop rules to determine what type
956 of proof of full-time practice is required and to recoup the
957 cost to the board of verifying full-time practice under this
958 section. Such proof must, at a minimum, be:
959 (A) Admissible as evidence in an administrative proceeding;
960 (B) Submitted in writing;
961 (C) Submitted by the applicant under oath with penalties of
962 perjury attached;
963 (D) Further documented by an affidavit of someone unrelated
964 to the applicant who is familiar with the applicant’s practice
965 and testifies with particularity that the applicant has been
966 engaged in full-time practice; and
967 (E) Specifically found by the board to be both credible and
968 admissible.
969 (IV) An affidavit of only the applicant is not acceptable
970 proof of full-time practice unless it is further attested to by
971 someone unrelated to the applicant who has personal knowledge of
972 the applicant’s practice. If the board deems it necessary to
973 assess credibility or accuracy, the board may require the
974 applicant or the applicant’s witnesses to appear before the
975 board and give oral testimony under oath;
976 f. The applicant submits must submit documentation that he
977 or she has completed, or will complete before he or she is
978 licensed, prior to licensure in this state, continuing education
979 equivalent to this state’s requirements for the last full
980 reporting biennium;
981 g. The applicant proves must prove that he or she has never
982 been convicted of, or pled nolo contendere to, regardless of
983 adjudication, any felony or misdemeanor related to the practice
984 of a health care profession in any jurisdiction;
985 h. The applicant has must successfully passed pass a
986 written examination on the laws and rules of this state
987 regulating the practice of dentistry and must successfully pass
988 the computer-based diagnostic skills examination; and
989 i. The applicant submits must submit documentation that he
990 or she has successfully completed the applicable examination
991 administered by the Joint Commission on National Dental
992 Examinations or its successor organization National Board of
993 Dental Examiners dental examination.
994 Section 22. Notwithstanding the January 1, 2020, repeal of
995 section 466.0067, Florida Statutes, that section is revived,
996 reenacted, and amended to read:
997 466.0067 Application for health access dental license.—The
998 Legislature finds that there is an important state interest in
999 attracting dentists to practice in underserved health access
1000 settings in this state and further, that allowing out-of-state
1001 dentists who meet certain criteria to practice in health access
1002 settings without the supervision of a dentist licensed in this
1003 state is substantially related to achieving this important state
1004 interest. Therefore, notwithstanding the requirements of s.
1005 466.006, the board shall grant a health access dental license to
1006 practice dentistry in this state in health access settings as
1007 defined in s. 466.003 to an applicant who that:
1008 (1) Files an appropriate application approved by the board;
1009 (2) Pays an application license fee for a health access
1010 dental license, laws-and-rule exam fee, and an initial licensure
1011 fee. The fees specified in this subsection may not differ from
1012 an applicant seeking licensure pursuant to s. 466.006;
1013 (3) Has not been convicted of or pled nolo contendere to,
1014 regardless of adjudication, any felony or misdemeanor related to
1015 the practice of a health care profession;
1016 (4) Submits proof of graduation from a dental school
1017 accredited by the Commission on Dental Accreditation of the
1018 American Dental Association or its successor agency;
1019 (5) Submits documentation that she or he has completed, or
1020 will obtain before prior to licensure, continuing education
1021 equivalent to this state’s requirement for dentists licensed
1022 under s. 466.006 for the last full reporting biennium before
1023 applying for a health access dental license;
1024 (6) Submits proof of her or his successful completion of
1025 parts I and II of the dental examination by the National Board
1026 of Dental Examiners and a state or regional clinical dental
1027 licensing examination that the board has determined effectively
1028 measures the applicant’s ability to practice safely;
1029 (7) Currently holds a valid, active, dental license in good
1030 standing which has not been revoked, suspended, restricted, or
1031 otherwise disciplined from another of the United States, the
1032 District of Columbia, or a United States territory;
1033 (8) Has never had a license revoked from another of the
1034 United States, the District of Columbia, or a United States
1035 territory;
1036 (9) Has never failed the examination specified in s.
1037 466.006, unless the applicant was reexamined pursuant to s.
1038 466.006 and received a license to practice dentistry in this
1039 state;
1040 (10) Has not been reported to the National Practitioner
1041 Data Bank, unless the applicant successfully appealed to have
1042 his or her name removed from the data bank;
1043 (11) Submits proof that he or she has been engaged in the
1044 active, clinical practice of dentistry providing direct patient
1045 care for 5 years immediately preceding the date of application,
1046 or in instances when the applicant has graduated from an
1047 accredited dental school within the preceding 5 years, submits
1048 proof of continuous clinical practice providing direct patient
1049 care since graduation; and
1050 (12) Has passed an examination covering the laws and rules
1051 of the practice of dentistry in this state as described in s.
1052 466.006(4)(a).
1053 Section 23. Notwithstanding the January 1, 2020, repeal of
1054 section 466.00671, Florida Statutes, that section is revived,
1055 reenacted, and amended to read:
1056 466.00671 Renewal of the health access dental license.—
1057 (1) A health access dental licensee shall apply for renewal
1058 each biennium. At the time of renewal, the licensee shall sign a
1059 statement that she or he has complied with all continuing
1060 education requirements of an active dentist licensee. The board
1061 shall renew a health access dental license for an applicant who
1062 that:
1063 (a) Submits documentation, as approved by the board, from
1064 the employer in the health access setting that the licensee has
1065 at all times pertinent remained an employee;
1066 (b) Has not been convicted of or pled nolo contendere to,
1067 regardless of adjudication, any felony or misdemeanor related to
1068 the practice of a health care profession;
1069 (c) Has paid a renewal fee set by the board. The fee
1070 specified herein may not differ from the renewal fee adopted by
1071 the board pursuant to s. 466.013. The department may provide
1072 payment for these fees through the dentist’s salary, benefits,
1073 or other department funds;
1074 (d) Has not failed the examination specified in s. 466.006
1075 since initially receiving a health access dental license or
1076 since the last renewal; and
1077 (e) Has not been reported to the National Practitioner Data
1078 Bank, unless the applicant successfully appealed to have his or
1079 her name removed from the data bank.
1080 (2) The board may undertake measures to independently
1081 verify the health access dental licensee’s ongoing employment
1082 status in the health access setting.
1083 Section 24. Notwithstanding the January 1, 2020, repeal of
1084 section 466.00672, Florida Statutes, that section is revived and
1085 reenacted to read:
1086 466.00672 Revocation of health access dental license.—
1087 (1) The board shall revoke a health access dental license
1088 upon:
1089 (a) The licensee’s termination from employment from a
1090 qualifying health access setting;
1091 (b) Final agency action determining that the licensee has
1092 violated any provision of s. 466.027 or s. 466.028, other than
1093 infractions constituting citation offenses or minor violations;
1094 or
1095 (c) Failure of the Florida dental licensure examination.
1096 (2) Failure of an individual licensed pursuant to s.
1097 466.0067 to limit the practice of dentistry to health access
1098 settings as defined in s. 466.003 constitutes the unlicensed
1099 practice of dentistry.
1100 Section 25. Paragraph (b) of subsection (4) and paragraph
1101 (a) of subsection (6) of section 466.007, Florida Statutes, are
1102 amended to read:
1103 466.007 Examination of dental hygienists.—
1104 (4) Effective July 1, 2012, to be licensed as a dental
1105 hygienist in this state, an applicant must successfully complete
1106 the following:
1107 (b) A practical or clinical examination approved by the
1108 board. The examination shall be the Dental Hygiene Examination
1109 produced by the American Board of Dental Examiners, Inc. (ADEX)
1110 or its successor entity, if any, if the board finds that the
1111 successor entity’s clinical examination meets or exceeds the
1112 provisions of this section. The board shall approve the ADEX
1113 Dental Hygiene Examination if the board has attained and
1114 continues to maintain representation on the ADEX House of
1115 Representatives, the ADEX Dental Hygiene Examination Development
1116 Committee, and such other ADEX Dental Hygiene committees as the
1117 board deems appropriate through rulemaking to ensure that the
1118 standards established in this section are maintained
1119 organizationally. The ADEX Dental Hygiene Examination or the
1120 examination produced by its successor entity is a comprehensive
1121 examination in which an applicant must demonstrate skills within
1122 the dental hygiene scope of practice on a live patient and any
1123 other components that the board deems necessary for the
1124 applicant to successfully demonstrate competency for the purpose
1125 of licensure. The ADEX Dental Hygiene Examination or the
1126 examination by the successor entity administered in this state
1127 shall be graded by dentists and dental hygienists licensed in
1128 this state who are employed by the department for this purpose.
1129 (6)(a) A passing score on the ADEX Dental Hygiene
1130 Examination administered out of state must shall be considered
1131 the same as a passing score for the ADEX Dental Hygiene
1132 Examination administered in this state and graded by licensed
1133 dentists and dental hygienists.
1134 Section 26. Subsections (9) through (15) are added to
1135 section 466.017, Florida Statutes, to read:
1136 466.017 Prescription of drugs; anesthesia.—
1137 (9) Any adverse incident that occurs in an office
1138 maintained by a dentist must be reported to the department. The
1139 required notification to the department must be submitted in
1140 writing by certified mail and postmarked within 48 hours after
1141 the incident occurs.
1142 (10) A dentist practicing in this state must notify the
1143 board in writing by certified mail within 48 hours after any
1144 adverse incident that occurs in the dentist’s outpatient
1145 facility. A complete written report must be filed with the board
1146 within 30 days after the incident occurs.
1147 (11) Any certified registered dental hygienist
1148 administering local anesthesia must notify the board in writing
1149 by registered mail within 48 hours after any adverse incident
1150 that was related to or the result of the administration of local
1151 anesthesia. A complete written report must be filed with the
1152 board within 30 days after the mortality or other adverse
1153 incident.
1154 (12) A failure by the dentist or dental hygienist to timely
1155 and completely comply with all the reporting requirements in
1156 this section is the basis for disciplinary action by the board
1157 pursuant to s. 466.028(1).
1158 (13) The department shall review each adverse incident and
1159 determine whether it involved conduct by a health care
1160 professional subject to disciplinary action, in which case s.
1161 456.073 applies. Disciplinary action, if any, shall be taken by
1162 the board under which the health care professional is licensed.
1163 (14) As used in subsections (9)-(13), the term “adverse
1164 incident” means any mortality that occurs during or as the
1165 result of a dental procedure, or an incident that results in a
1166 temporary or permanent physical or mental injury that requires
1167 hospitalization or emergency room treatment of a dental patient
1168 which occurs during or as a direct result of the use of general
1169 anesthesia, deep sedation, moderate sedation, pediatric moderate
1170 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
1171 oxide, or local anesthesia.
1172 (15) The board may adopt rules to administer this section.
1173 Section 27. Section 466.031, Florida Statutes, is amended
1174 to read:
1175 466.031 “Dental laboratories laboratory” defined.—
1176 (1) As used in this chapter, the term “dental laboratory”
1177 as used in this chapter:
1178 (1) includes any person, firm, or corporation that who
1179 performs for a fee of any kind, gratuitously, or otherwise,
1180 directly or through an agent or an employee, by any means or
1181 method, or who in any way supplies or manufactures artificial
1182 substitutes for the natural teeth;, or who furnishes, supplies,
1183 constructs, or reproduces or repairs any prosthetic denture,
1184 bridge, or appliance to be worn in the human mouth; or who in
1185 any way represents holds itself out as a dental laboratory.
1186 (2) The term does not include a Excludes any dental
1187 laboratory technician who constructs or repairs dental
1188 prosthetic appliances in the office of a licensed dentist
1189 exclusively for that such dentist only and under her or his
1190 supervision and work order.
1191 (2) An employee or independent contractor of a dental
1192 laboratory, acting as an agent of that dental laboratory, may
1193 engage in onsite consultation with a licensed dentist during a
1194 dental procedure.
1195 Section 28. Section 466.036, Florida Statutes, is amended
1196 to read:
1197 466.036 Information; periodic inspections; equipment and
1198 supplies.—The department may require from the applicant for a
1199 registration certificate to operate a dental laboratory any
1200 information necessary to carry out the purpose of this chapter,
1201 including proof that the applicant has the equipment and
1202 supplies necessary to operate as determined by rule of the
1203 department, and shall require periodic inspection of all dental
1204 laboratories operating in this state at least once each biennial
1205 registration period. Such inspections must shall include, but
1206 need not be limited to, inspection of sanitary conditions,
1207 equipment, supplies, and facilities on the premises. The
1208 department shall specify dental equipment and supplies that are
1209 not allowed permitted in a registered dental laboratory.
1210 Section 29. Subsection (1) of section 468.701, Florida
1211 Statutes, is amended to read:
1212 468.701 Definitions.—As used in this part, the term:
1213 (1) “Athletic trainer” means a person licensed under this
1214 part who has met the requirements of under this part, including
1215 the education requirements established as set forth by the
1216 Commission on Accreditation of Athletic Training Education or
1217 its successor organization and necessary credentials from the
1218 Board of Certification. An individual who is licensed as an
1219 athletic trainer may not provide, offer to provide, or represent
1220 that he or she is qualified to provide any care or services that
1221 he or she lacks the education, training, or experience to
1222 provide, or that he or she is otherwise prohibited by law from
1223 providing.
1224 Section 30. Section 468.707, Florida Statutes, is amended
1225 to read:
1226 468.707 Licensure requirements.—Any person desiring to be
1227 licensed as an athletic trainer shall apply to the department on
1228 a form approved by the department. An applicant shall also
1229 provide records or other evidence, as determined by the board,
1230 to prove he or she has met the requirements of this section. The
1231 department shall license each applicant who:
1232 (1) Has completed the application form and remitted the
1233 required fees.
1234 (2) For a person who applies on or after July 1, 2016, Has
1235 submitted to background screening pursuant to s. 456.0135. The
1236 board may require a background screening for an applicant whose
1237 license has expired or who is undergoing disciplinary action.
1238 (3)(a) Has obtained, at a minimum, a bachelor’s
1239 baccalaureate or higher degree from a college or university
1240 professional athletic training degree program accredited by the
1241 Commission on Accreditation of Athletic Training Education or
1242 its successor organization recognized and approved by the United
1243 States Department of Education or the Commission on Recognition
1244 of Postsecondary Accreditation, approved by the board, or
1245 recognized by the Board of Certification, and has passed the
1246 national examination to be certified by the Board of
1247 Certification; or.
1248 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
1249 completed the Board of Certification internship requirements,
1250 and holds If graduated before 2004, has a current certification
1251 from the Board of Certification.
1252 (4)(5) Has current certification in both cardiopulmonary
1253 resuscitation and the use of an automated external defibrillator
1254 set forth in the continuing education requirements as determined
1255 by the board pursuant to s. 468.711.
1256 (5)(6) Has completed any other requirements as determined
1257 by the department and approved by the board.
1258 Section 31. Subsection (3) of section 468.711, Florida
1259 Statutes, is amended to read:
1260 468.711 Renewal of license; continuing education.—
1261 (3) If initially licensed after January 1, 1998, the
1262 licensee must be currently certified by the Board of
1263 Certification or its successor agency and maintain that
1264 certification in good standing without lapse.
1265 Section 32. Section 468.713, Florida Statutes, is amended
1266 to read:
1267 468.713 Responsibilities of athletic trainers.—
1268 (1) An athletic trainer shall practice under the direction
1269 of a physician licensed under chapter 458, chapter 459, chapter
1270 460, or otherwise authorized by Florida law to practice
1271 medicine. The physician shall communicate his or her direction
1272 through oral or written prescriptions or protocols as deemed
1273 appropriate by the physician for the provision of services and
1274 care by the athletic trainer. An athletic trainer shall provide
1275 service or care in the manner dictated by the physician.
1276 (2) An athletic trainer shall work within his or her
1277 allowable scope of practice as specified by board rule under s.
1278 468.705. An athletic trainer may not provide, offer to provide,
1279 or represent that he or she is qualified to provide any care or
1280 services that he or she lacks the education, training, or
1281 experience to provide or that he or she is otherwise prohibited
1282 by law from providing.
1283 Section 33. Subsection (2) of section 468.723, Florida
1284 Statutes, is amended to read:
1285 468.723 Exemptions.—This part does not prohibit prevent or
1286 restrict:
1287 (2) An athletic training student acting under the direct
1288 supervision of a licensed athletic trainer. For purposes of this
1289 subsection, “direct supervision” means the physical presence of
1290 an athletic trainer so that the athletic trainer is immediately
1291 available to the athletic training student and able to intervene
1292 on behalf of the athletic training student. The supervision must
1293 comply with board rule in accordance with the standards set
1294 forth by the Commission on Accreditation of Athletic Training
1295 Education or its successor.
1296 Section 34. Subsections (1), (3), and (4) of section
1297 468.803, Florida Statutes, are amended to read:
1298 468.803 License, registration, and examination
1299 requirements.—
1300 (1) The department shall issue a license to practice
1301 orthotics, prosthetics, or pedorthics, or a registration for a
1302 resident to practice orthotics or prosthetics, to qualified
1303 applicants. Licenses to practice shall be granted independently
1304 in orthotics, prosthetics, or pedorthics must be granted
1305 independently, but a person may be licensed in more than one
1306 such discipline, and a prosthetist-orthotist license may be
1307 granted to persons meeting the requirements for licensure both
1308 as a prosthetist and as an orthotist license. Registrations to
1309 practice shall be granted independently in orthotics or
1310 prosthetics must be granted independently, and a person may be
1311 registered in both disciplines fields at the same time or
1312 jointly in orthotics and prosthetics as a dual registration.
1313 (3) A person seeking to attain the required orthotics or
1314 prosthetics experience required for licensure in this state must
1315 be approved by the board and registered as a resident by the
1316 department. Although a registration may be held in both
1317 disciplines practice fields, for independent registrations the
1318 board may shall not approve a second registration until at least
1319 1 year after the issuance of the first registration.
1320 Notwithstanding subsection (2), a person an applicant who has
1321 been approved by the board and registered by the department in
1322 one discipline practice field may apply for registration in the
1323 second discipline practice field without an additional state or
1324 national criminal history check during the period in which the
1325 first registration is valid. Each independent registration or
1326 dual registration is valid for 2 years after from the date of
1327 issuance unless otherwise revoked by the department upon
1328 recommendation of the board. The board shall set a registration
1329 fee not to exceed $500 to be paid by the applicant. A
1330 registration may be renewed once by the department upon
1331 recommendation of the board for a period no longer than 1 year,
1332 as such renewal is defined by the board by rule. The
1333 registration renewal fee may shall not exceed one-half the
1334 current registration fee. To be considered by the board for
1335 approval of registration as a resident, the applicant must have
1336 one of the following:
1337 (a) A Bachelor of Science or higher-level postgraduate
1338 degree in orthotics and prosthetics from a regionally accredited
1339 college or university recognized by the Commission on
1340 Accreditation of Allied Health Education Programs. or, at
1341 (b) A minimum of, a bachelor’s degree from a regionally
1342 accredited college or university and a certificate in orthotics
1343 or prosthetics from a program recognized by the Commission on
1344 Accreditation of Allied Health Education Programs, or its
1345 equivalent, as determined by the board.; or
1346 (c) A minimum of a bachelor’s degree from a regionally
1347 accredited college or university and a dual certificate in both
1348 orthotics and prosthetics from programs recognized by the
1349 Commission on Accreditation of Allied Health Education Programs,
1350 or its equivalent, as determined by the board.
1351 (b) A Bachelor of Science or higher-level postgraduate
1352 degree in Orthotics and Prosthetics from a regionally accredited
1353 college or university recognized by the Commission on
1354 Accreditation of Allied Health Education Programs or, at a
1355 minimum, a bachelor’s degree from a regionally accredited
1356 college or university and a certificate in prosthetics from a
1357 program recognized by the Commission on Accreditation of Allied
1358 Health Education Programs, or its equivalent, as determined by
1359 the board.
1360 (4) The department may develop and administer a state
1361 examination for an orthotist or a prosthetist license, or the
1362 board may approve the existing examination of a national
1363 standards organization. The examination must be predicated on a
1364 minimum of a baccalaureate-level education and formalized
1365 specialized training in the appropriate field. Each examination
1366 must demonstrate a minimum level of competence in basic
1367 scientific knowledge, written problem solving, and practical
1368 clinical patient management. The board shall require an
1369 examination fee not to exceed the actual cost to the board in
1370 developing, administering, and approving the examination, which
1371 fee must be paid by the applicant. To be considered by the board
1372 for examination, the applicant must have:
1373 (a) For an examination in orthotics:
1374 1. A Bachelor of Science or higher-level postgraduate
1375 degree in orthotics and prosthetics from a regionally accredited
1376 college or university recognized by the Commission on
1377 Accreditation of Allied Health Education Programs or, at a
1378 minimum, a bachelor’s degree from a regionally accredited
1379 college or university and a certificate in orthotics from a
1380 program recognized by the Commission on Accreditation of Allied
1381 Health Education Programs, or its equivalent, as determined by
1382 the board; and
1383 2. An approved orthotics internship of 1 year of qualified
1384 experience, as determined by the board, or an orthotic residency
1385 or dual residency program recognized by the board.
1386 (b) For an examination in prosthetics:
1387 1. A Bachelor of Science or higher-level postgraduate
1388 degree in orthotics and prosthetics from a regionally accredited
1389 college or university recognized by the Commission on
1390 Accreditation of Allied Health Education Programs or, at a
1391 minimum, a bachelor’s degree from a regionally accredited
1392 college or university and a certificate in prosthetics from a
1393 program recognized by the Commission on Accreditation of Allied
1394 Health Education Programs, or its equivalent, as determined by
1395 the board; and
1396 2. An approved prosthetics internship of 1 year of
1397 qualified experience, as determined by the board, or a
1398 prosthetic residency or dual residency program recognized by the
1399 board.
1400 Section 35. Subsection (5) of section 480.033, Florida
1401 Statutes, is amended to read:
1402 480.033 Definitions.—As used in this act:
1403 (5) “Apprentice” means a person approved by the board to
1404 study colonic irrigation massage under the instruction of a
1405 licensed massage therapist practicing colonic irrigation.
1406 Section 36. Subsections (1) and (2) of section 480.041,
1407 Florida Statutes, are amended, and subsection (8) is added to
1408 that section, to read:
1409 480.041 Massage therapists; qualifications; licensure;
1410 endorsement.—
1411 (1) Any person is qualified for licensure as a massage
1412 therapist under this act who:
1413 (a) Is at least 18 years of age or has received a high
1414 school diploma or high school equivalency diploma;
1415 (b) Has completed a course of study at a board-approved
1416 massage school or has completed an apprenticeship program that
1417 meets standards adopted by the board; and
1418 (c) Has received a passing grade on a national an
1419 examination designated administered by the board department.
1420 (2) Every person desiring to be examined for licensure as a
1421 massage therapist must shall apply to the department in writing
1422 upon forms prepared and furnished by the department. Such
1423 applicants are shall be subject to the provisions of s.
1424 480.046(1). Applicants may take an examination administered by
1425 the department only upon meeting the requirements of this
1426 section as determined by the board.
1427 (8) A person issued a license as a massage apprentice
1428 before July 1, 2020, may continue that apprenticeship and
1429 perform massage therapy as authorized under that license until
1430 it expires. Upon completion of the apprenticeship, which must
1431 occur before July 1, 2023, a massage apprentice may apply to the
1432 board for full licensure and be granted a license if all other
1433 applicable licensure requirements are met.
1434 Section 37. Section 480.042, Florida Statutes, is repealed.
1435 Section 38. Subsection (3) of section 490.003, Florida
1436 Statutes, is amended to read:
1437 490.003 Definitions.—As used in this chapter:
1438 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
1439 education” and “doctoral degree in psychology” mean a Psy.D., an
1440 Ed.D. in psychology, or a Ph.D. in psychology from:
1441 1. An educational institution which, at the time the
1442 applicant was enrolled and graduated, had institutional
1443 accreditation from an agency recognized and approved by the
1444 United States Department of Education or was recognized as a
1445 member in good standing with the Association of Universities and
1446 Colleges of Canada; and
1447 2. A psychology program within that educational institution
1448 which, at the time the applicant was enrolled and graduated, had
1449 programmatic accreditation from an accrediting agency recognized
1450 and approved by the United States Department of Education or was
1451 comparable to such programs.
1452 (b) Effective July 1, 1999, “doctoral-level psychological
1453 education” and “doctoral degree in psychology” mean a Psy.D., an
1454 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1455 program at:
1456 1. an educational institution that which, at the time the
1457 applicant was enrolled and graduated:
1458 (a) , Had institutional accreditation from an agency
1459 recognized and approved by the United States Department of
1460 Education or was recognized as a member in good standing with
1461 the Association of Universities and Colleges of Canada; and
1462 (b)2. A psychology program within that educational
1463 institution which, at the time the applicant was enrolled and
1464 graduated, Had programmatic accreditation from the American
1465 Psychological Association an agency recognized and approved by
1466 the United States Department of Education.
1467 Section 39. Paragraph (b) of subsection (1) and paragraph
1468 (b) of subsection (2) of section 490.005, Florida Statutes, are
1469 amended to read:
1470 490.005 Licensure by examination.—
1471 (1) Any person desiring to be licensed as a psychologist
1472 shall apply to the department to take the licensure examination.
1473 The department shall license each applicant who the board
1474 certifies has:
1475 (b) Submitted proof satisfactory to the board that the
1476 applicant has received:
1477 1. Received Doctoral-level psychological education, as
1478 defined in s. 490.003(3); or
1479 2. Received The equivalent of a doctoral-level
1480 psychological education, as defined in s. 490.003(3), from a
1481 program at a school or university located outside the United
1482 States of America and Canada, which was officially recognized by
1483 the government of the country in which it is located as an
1484 institution or program to train students to practice
1485 professional psychology. The applicant has the burden of
1486 establishing that this requirement has the requirements of this
1487 provision have been met shall be upon the applicant;
1488 3. Received and submitted to the board, prior to July 1,
1489 1999, certification of an augmented doctoral-level psychological
1490 education from the program director of a doctoral-level
1491 psychology program accredited by a programmatic agency
1492 recognized and approved by the United States Department of
1493 Education; or
1494 4. Received and submitted to the board, prior to August 31,
1495 2001, certification of a doctoral-level program that at the time
1496 the applicant was enrolled and graduated maintained a standard
1497 of education and training comparable to the standard of training
1498 of programs accredited by a programmatic agency recognized and
1499 approved by the United States Department of Education. Such
1500 certification of comparability shall be provided by the program
1501 director of a doctoral-level psychology program accredited by a
1502 programmatic agency recognized and approved by the United States
1503 Department of Education.
1504 (2) Any person desiring to be licensed as a school
1505 psychologist shall apply to the department to take the licensure
1506 examination. The department shall license each applicant who the
1507 department certifies has:
1508 (b) Submitted satisfactory proof to the department that the
1509 applicant:
1510 1. Has received a doctorate, specialist, or equivalent
1511 degree from a program primarily psychological in nature and has
1512 completed 60 semester hours or 90 quarter hours of graduate
1513 study, in areas related to school psychology as defined by rule
1514 of the department, from a college or university which at the
1515 time the applicant was enrolled and graduated was accredited by
1516 an accrediting agency recognized and approved by the Council for
1517 Higher Education Accreditation or its successor organization
1518 Commission on Recognition of Postsecondary Accreditation or from
1519 an institution that which is publicly recognized as a member in
1520 good standing with the Association of Universities and Colleges
1521 of Canada.
1522 2. Has had a minimum of 3 years of experience in school
1523 psychology, 2 years of which must be supervised by an individual
1524 who is a licensed school psychologist or who has otherwise
1525 qualified as a school psychologist supervisor, by education and
1526 experience, as set forth by rule of the department. A doctoral
1527 internship may be applied toward the supervision requirement.
1528 3. Has passed an examination provided by the department.
1529 Section 40. Subsection (1) of section 490.006, Florida
1530 Statutes, is amended to read:
1531 490.006 Licensure by endorsement.—
1532 (1) The department shall license a person as a psychologist
1533 or school psychologist who, upon applying to the department and
1534 remitting the appropriate fee, demonstrates to the department
1535 or, in the case of psychologists, to the board that the
1536 applicant:
1537 (a) Holds a valid license or certificate in another state
1538 to practice psychology or school psychology, as applicable,
1539 provided that, when the applicant secured such license or
1540 certificate, the requirements were substantially equivalent to
1541 or more stringent than those set forth in this chapter at that
1542 time; and, if no Florida law existed at that time, then the
1543 requirements in the other state must have been substantially
1544 equivalent to or more stringent than those set forth in this
1545 chapter at the present time;
1546 (a)(b) Is a diplomate in good standing with the American
1547 Board of Professional Psychology, Inc.; or
1548 (b)(c) Possesses a doctoral degree in psychology as
1549 described in s. 490.003 and has at least 10 20 years of
1550 experience as a licensed psychologist in any jurisdiction or
1551 territory of the United States within the 25 years preceding the
1552 date of application.
1553 Section 41. Subsection (6) of section 491.0045, Florida
1554 Statutes, as created by chapters 2016-80 and 2016-241, Laws of
1555 Florida, is amended to read:
1556 491.0045 Intern registration; requirements.—
1557 (6) A registration issued on or before March 31, 2017,
1558 expires March 31, 2022, and may not be renewed or reissued. Any
1559 registration issued after March 31, 2017, expires 60 months
1560 after the date it is issued. The board may make a one-time
1561 exception to the requirements of this subsection in emergency or
1562 hardship cases, as defined by board rule, if A subsequent intern
1563 registration may not be issued unless the candidate has passed
1564 the theory and practice examination described in s.
1565 491.005(1)(d), (3)(d), and (4)(d).
1566 Section 42. Subsections (3) and (4) of section 491.005,
1567 Florida Statutes, are amended to read:
1568 491.005 Licensure by examination.—
1569 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1570 documentation and payment of a fee not to exceed $200, as set by
1571 board rule, plus the actual cost of to the department for the
1572 purchase of the examination from the Association of Marital and
1573 Family Therapy Regulatory Board, or similar national
1574 organization, the department shall issue a license as a marriage
1575 and family therapist to an applicant who the board certifies:
1576 (a) Has submitted an application and paid the appropriate
1577 fee.
1578 (b)1. Has a minimum of a master’s degree with major
1579 emphasis in marriage and family therapy, or a closely related
1580 field from a program accredited by the Commission on
1581 Accreditation for Marriage and Family Therapy Education or from
1582 a Florida university program accredited by the Council for
1583 Accreditation of Counseling and Related Educational Programs,
1584 and graduate courses approved by the Board of Clinical Social
1585 Work, Marriage and Family Therapy, and Mental Health Counseling.
1586 has completed all of the following requirements:
1587 a. Thirty-six semester hours or 48 quarter hours of
1588 graduate coursework, which must include a minimum of 3 semester
1589 hours or 4 quarter hours of graduate-level course credits in
1590 each of the following nine areas: dynamics of marriage and
1591 family systems; marriage therapy and counseling theory and
1592 techniques; family therapy and counseling theory and techniques;
1593 individual human development theories throughout the life cycle;
1594 personality theory or general counseling theory and techniques;
1595 psychopathology; human sexuality theory and counseling
1596 techniques; psychosocial theory; and substance abuse theory and
1597 counseling techniques. Courses in research, evaluation,
1598 appraisal, assessment, or testing theories and procedures;
1599 thesis or dissertation work; or practicums, internships, or
1600 fieldwork may not be applied toward this requirement.
1601 b. A minimum of one graduate-level course of 3 semester
1602 hours or 4 quarter hours in legal, ethical, and professional
1603 standards issues in the practice of marriage and family therapy
1604 or a course determined by the board to be equivalent.
1605 c. A minimum of one graduate-level course of 3 semester
1606 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1607 and testing for individual or interpersonal disorder or
1608 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1609 hour graduate-level course in behavioral research which focuses
1610 on the interpretation and application of research data as it
1611 applies to clinical practice. Credit for thesis or dissertation
1612 work, practicums, internships, or fieldwork may not be applied
1613 toward this requirement.
1614 d. A minimum of one supervised clinical practicum,
1615 internship, or field experience in a marriage and family
1616 counseling setting, during which the student provided 180 direct
1617 client contact hours of marriage and family therapy services
1618 under the supervision of an individual who met the requirements
1619 for supervision under paragraph (c). This requirement may be met
1620 by a supervised practice experience which took place outside the
1621 academic arena, but which is certified as equivalent to a
1622 graduate-level practicum or internship program which required a
1623 minimum of 180 direct client contact hours of marriage and
1624 family therapy services currently offered within an academic
1625 program of a college or university accredited by an accrediting
1626 agency approved by the United States Department of Education, or
1627 an institution which is publicly recognized as a member in good
1628 standing with the Association of Universities and Colleges of
1629 Canada or a training institution accredited by the Commission on
1630 Accreditation for Marriage and Family Therapy Education
1631 recognized by the United States Department of Education.
1632 Certification shall be required from an official of such
1633 college, university, or training institution.
1634 2. If the course title that which appears on the
1635 applicant’s transcript does not clearly identify the content of
1636 the coursework, the applicant shall be required to provide
1637 additional documentation, including, but not limited to, a
1638 syllabus or catalog description published for the course.
1639
1640 The required master’s degree must have been received in an
1641 institution of higher education that, which at the time the
1642 applicant graduated, was: fully accredited by a regional
1643 accrediting body recognized by the Commission on Recognition of
1644 Postsecondary Accreditation or; publicly recognized as a member
1645 in good standing with the Association of Universities and
1646 Colleges of Canada,; or an institution of higher education
1647 located outside the United States and Canada, which, at the time
1648 the applicant was enrolled and at the time the applicant
1649 graduated, maintained a standard of training substantially
1650 equivalent to the standards of training of those institutions in
1651 the United States which are accredited by a regional accrediting
1652 body recognized by the Commission on Recognition of
1653 Postsecondary Accreditation. Such foreign education and training
1654 must have been received in an institution or program of higher
1655 education officially recognized by the government of the country
1656 in which it is located as an institution or program to train
1657 students to practice as professional marriage and family
1658 therapists or psychotherapists. The applicant has the burden of
1659 establishing that the requirements of this provision have been
1660 met shall be upon the applicant, and the board shall require
1661 documentation, such as, but not limited to, an evaluation by a
1662 foreign equivalency determination service, as evidence that the
1663 applicant’s graduate degree program and education were
1664 equivalent to an accredited program in this country. An
1665 applicant with a master’s degree from a program that which did
1666 not emphasize marriage and family therapy may complete the
1667 coursework requirement in a training institution fully
1668 accredited by the Commission on Accreditation for Marriage and
1669 Family Therapy Education recognized by the United States
1670 Department of Education.
1671 (c) Has had at least 2 years of clinical experience during
1672 which 50 percent of the applicant’s clients were receiving
1673 marriage and family therapy services, which must be at the post
1674 master’s level under the supervision of a licensed marriage and
1675 family therapist with at least 5 years of experience, or the
1676 equivalent, who is a qualified supervisor as determined by the
1677 board. An individual who intends to practice in Florida to
1678 satisfy the clinical experience requirements must register
1679 pursuant to s. 491.0045 before commencing practice. If a
1680 graduate has a master’s degree with a major emphasis in marriage
1681 and family therapy or a closely related field which that did not
1682 include all of the coursework required by paragraph (b) under
1683 sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
1684 clinical experience may shall not commence until the applicant
1685 has completed a minimum of 10 of the courses required by
1686 paragraph (b) under sub-subparagraphs (b)1.a.-c., as determined
1687 by the board, and at least 6 semester hours or 9 quarter hours
1688 of the course credits must have been completed in the area of
1689 marriage and family systems, theories, or techniques. Within the
1690 2 3 years of required experience, the applicant shall provide
1691 direct individual, group, or family therapy and counseling, to
1692 include the following categories of cases including those
1693 involving: unmarried dyads, married couples, separating and
1694 divorcing couples, and family groups that include including
1695 children. A doctoral internship may be applied toward the
1696 clinical experience requirement. A licensed mental health
1697 professional must be on the premises when clinical services are
1698 provided by a registered intern in a private practice setting.
1699 (d) Has passed a theory and practice examination provided
1700 by the department for this purpose.
1701 (e) Has demonstrated, in a manner designated by board rule
1702 of the board, knowledge of the laws and rules governing the
1703 practice of clinical social work, marriage and family therapy,
1704 and mental health counseling.
1705 (f)
1706
1707 For the purposes of dual licensure, the department shall license
1708 as a marriage and family therapist any person who meets the
1709 requirements of s. 491.0057. Fees for dual licensure may shall
1710 not exceed those stated in this subsection.
1711 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1712 documentation and payment of a fee not to exceed $200, as set by
1713 board rule, plus the actual per applicant cost of to the
1714 department for purchase of the examination from the National
1715 Board for Certified Counselors or its successor Professional
1716 Examination Service for the National Academy of Certified
1717 Clinical Mental Health Counselors or a similar national
1718 organization, the department shall issue a license as a mental
1719 health counselor to an applicant who the board certifies:
1720 (a) Has submitted an application and paid the appropriate
1721 fee.
1722 (b)1. Has a minimum of an earned master’s degree from a
1723 mental health counseling program accredited by the Council for
1724 the Accreditation of Counseling and Related Educational Programs
1725 which that consists of at least 60 semester hours or 80 quarter
1726 hours of clinical and didactic instruction, including a course
1727 in human sexuality and a course in substance abuse. If the
1728 master’s degree is earned from a program related to the practice
1729 of mental health counseling which that is not accredited by the
1730 Council for the Accreditation of Counseling and Related
1731 Educational Programs, then the coursework and practicum,
1732 internship, or fieldwork must consist of at least 60 semester
1733 hours or 80 quarter hours and meet all of the following
1734 requirements:
1735 a. Thirty-three semester hours or 44 quarter hours of
1736 graduate coursework, which must include a minimum of 3 semester
1737 hours or 4 quarter hours of graduate-level coursework in each of
1738 the following 11 content areas: counseling theories and
1739 practice; human growth and development; diagnosis and treatment
1740 of psychopathology; human sexuality; group theories and
1741 practice; individual evaluation and assessment; career and
1742 lifestyle assessment; research and program evaluation; social
1743 and cultural foundations; substance abuse; and legal, ethical,
1744 and professional standards issues in the practice of mental
1745 health counseling in community settings; and substance abuse.
1746 Courses in research, thesis or dissertation work, practicums,
1747 internships, or fieldwork may not be applied toward this
1748 requirement.
1749 b. A minimum of 3 semester hours or 4 quarter hours of
1750 graduate-level coursework addressing diagnostic processes,
1751 including differential diagnosis and the use of the current
1752 diagnostic tools, such as the current edition of the American
1753 Psychiatric Association’s Diagnostic and Statistical Manual of
1754 Mental Disorders. The graduate program must have emphasized the
1755 common core curricular experience in legal, ethical, and
1756 professional standards issues in the practice of mental health
1757 counseling, which includes goals, objectives, and practices of
1758 professional counseling organizations, codes of ethics, legal
1759 considerations, standards of preparation, certifications and
1760 licensing, and the role identity and professional obligations of
1761 mental health counselors. Courses in research, thesis or
1762 dissertation work, practicums, internships, or fieldwork may not
1763 be applied toward this requirement.
1764 c. The equivalent, as determined by the board, of at least
1765 700 1,000 hours of university-sponsored supervised clinical
1766 practicum, internship, or field experience that includes at
1767 least 280 hours of direct client services, as required in the
1768 accrediting standards of the Council for Accreditation of
1769 Counseling and Related Educational Programs for mental health
1770 counseling programs. This experience may not be used to satisfy
1771 the post-master’s clinical experience requirement.
1772 2. Has provided additional documentation if a the course
1773 title that which appears on the applicant’s transcript does not
1774 clearly identify the content of the coursework., The applicant
1775 shall be required to provide additional documentation must
1776 include, including, but is not limited to, a syllabus or catalog
1777 description published for the course.
1778
1779 Education and training in mental health counseling must have
1780 been received in an institution of higher education that, which
1781 at the time the applicant graduated, was: fully accredited by a
1782 regional accrediting body recognized by the Council for Higher
1783 Education Accreditation or its successor organization or
1784 Commission on Recognition of Postsecondary Accreditation;
1785 publicly recognized as a member in good standing with the
1786 Association of Universities and Colleges of Canada,; or an
1787 institution of higher education located outside the United
1788 States and Canada, which, at the time the applicant was enrolled
1789 and at the time the applicant graduated, maintained a standard
1790 of training substantially equivalent to the standards of
1791 training of those institutions in the United States which are
1792 accredited by a regional accrediting body recognized by the
1793 Council for Higher Education Accreditation or its successor
1794 organization Commission on Recognition of Postsecondary
1795 Accreditation. Such foreign education and training must have
1796 been received in an institution or program of higher education
1797 officially recognized by the government of the country in which
1798 it is located as an institution or program to train students to
1799 practice as mental health counselors. The applicant has the
1800 burden of establishing that the requirements of this provision
1801 have been met shall be upon the applicant, and the board shall
1802 require documentation, such as, but not limited to, an
1803 evaluation by a foreign equivalency determination service, as
1804 evidence that the applicant’s graduate degree program and
1805 education were equivalent to an accredited program in this
1806 country. Beginning July 1, 2025, an applicant must have a
1807 master’s degree from a program that is accredited by the Council
1808 for Accreditation of Counseling and Related Educational Programs
1809 which consists of at least 60 semester hours or 80 quarter hours
1810 to apply for licensure under this paragraph.
1811 (c) Has had at least 2 years of clinical experience in
1812 mental health counseling, which must be at the post-master’s
1813 level under the supervision of a licensed mental health
1814 counselor or the equivalent who is a qualified supervisor as
1815 determined by the board. An individual who intends to practice
1816 in Florida to satisfy the clinical experience requirements must
1817 register pursuant to s. 491.0045 before commencing practice. If
1818 a graduate has a master’s degree with a major related to the
1819 practice of mental health counseling which that did not include
1820 all the coursework required under sub-subparagraphs (b)1.a. and
1821 b. (b)1.a.-b., credit for the post-master’s level clinical
1822 experience may shall not commence until the applicant has
1823 completed a minimum of seven of the courses required under sub
1824 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1825 board, one of which must be a course in psychopathology or
1826 abnormal psychology. A doctoral internship may be applied toward
1827 the clinical experience requirement. A licensed mental health
1828 professional must be on the premises when clinical services are
1829 provided by a registered intern in a private practice setting.
1830 (d) Has passed a theory and practice examination provided
1831 by the department for this purpose.
1832 (e) Has demonstrated, in a manner designated by board rule
1833 of the board, knowledge of the laws and rules governing the
1834 practice of clinical social work, marriage and family therapy,
1835 and mental health counseling.
1836 Section 43. Paragraph (b) of subsection (1) of section
1837 491.006, Florida Statutes, is amended to read:
1838 491.006 Licensure or certification by endorsement.—
1839 (1) The department shall license or grant a certificate to
1840 a person in a profession regulated by this chapter who, upon
1841 applying to the department and remitting the appropriate fee,
1842 demonstrates to the board that he or she:
1843 (b)1. Holds an active valid license to practice and has
1844 actively practiced the licensed profession for which licensure
1845 is applied in another state for 3 of the last 5 years
1846 immediately preceding licensure;.
1847 2. Meets the education requirements of this chapter for the
1848 profession for which licensure is applied.
1849 2.3. Has passed a substantially equivalent licensing
1850 examination in another state or has passed the licensure
1851 examination in this state in the profession for which the
1852 applicant seeks licensure; and.
1853 3.4. Holds a license in good standing, is not under
1854 investigation for an act that would constitute a violation of
1855 this chapter, and has not been found to have committed any act
1856 that would constitute a violation of this chapter.
1857
1858 The fees paid by any applicant for certification as a master
1859 social worker under this section are nonrefundable.
1860 Section 44. Subsection (3) of section 491.007, Florida
1861 Statutes, is amended to read:
1862 491.007 Renewal of license, registration, or certificate.—
1863 (3) The board or department shall prescribe by rule a
1864 method for the biennial renewal of an intern registration at a
1865 fee set by rule, not to exceed $100.
1866 Section 45. Subsection (2) of section 491.009, Florida
1867 Statutes, is amended to read:
1868 491.009 Discipline.—
1869 (2) The board department, or, in the case of certified
1870 master social workers psychologists, the department board, may
1871 enter an order denying licensure or imposing any of the
1872 penalties authorized in s. 456.072(2) against any applicant for
1873 licensure or any licensee who violates is found guilty of
1874 violating any provision of subsection (1) of this section or who
1875 is found guilty of violating any provision of s. 456.072(1).
1876 Section 46. Subsection (2) of section 491.0046, Florida
1877 Statutes, is amended to read:
1878 491.0046 Provisional license; requirements.—
1879 (2) The department shall issue a provisional clinical
1880 social worker license, provisional marriage and family therapist
1881 license, or provisional mental health counselor license to each
1882 applicant who the board certifies has:
1883 (a) Completed the application form and remitted a
1884 nonrefundable application fee not to exceed $100, as set by
1885 board rule; and
1886 (b) Earned a graduate degree in social work, a graduate
1887 degree with a major emphasis in marriage and family therapy or a
1888 closely related field, or a graduate degree in a major related
1889 to the practice of mental health counseling; and
1890 (c) Has Met the following minimum coursework requirements:
1891 1. For clinical social work, a minimum of 15 semester hours
1892 or 22 quarter hours of the coursework required by s.
1893 491.005(1)(b)2.b.
1894 2. For marriage and family therapy, 10 of the courses
1895 required by s. 491.005(3)(b) s. 491.005(3)(b)1.a.-c., as
1896 determined by the board, and at least 6 semester hours or 9
1897 quarter hours of the course credits must have been completed in
1898 the area of marriage and family systems, theories, or
1899 techniques.
1900 3. For mental health counseling, a minimum of seven of the
1901 courses required under s. 491.005(4)(b)1.a.-c.
1902 Section 47. Subsection (11) of section 945.42, Florida
1903 Statutes, is amended to read:
1904 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1905 945.40-945.49, the following terms shall have the meanings
1906 ascribed to them, unless the context shall clearly indicate
1907 otherwise:
1908 (11) “Psychological professional” means a behavioral
1909 practitioner who has an approved doctoral degree in psychology
1910 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1911 the department or who is licensed as a psychologist pursuant to
1912 chapter 490.
1913 Section 48. For the purpose of incorporating the amendment
1914 made by this act to section 459.0055, Florida Statutes, in a
1915 reference thereto, subsection (6) of section 459.021, Florida
1916 Statutes, is reenacted to read:
1917 459.021 Registration of resident physicians, interns, and
1918 fellows; list of hospital employees; penalty.—
1919 (6) Any person desiring registration pursuant to this
1920 section shall meet all the requirements of s. 459.0055, except
1921 paragraphs (1)(l) and (m).
1922 Section 49. Present subsection (7) of section 514.0115,
1923 Florida Statutes, is redesignated as subsection (8), and a new
1924 subsection (7) is added to that section, to read:
1925 514.0115 Exemptions from supervision or regulation;
1926 variances.—
1927 (7) Until such time as the department adopts rules for the
1928 supervision and regulation of surf pools, a surf pool that is
1929 larger than 4 acres is exempt from supervision under this
1930 chapter if the surf pool is permitted by a local government
1931 pursuant to a special use permit process in which the local
1932 government asserts regulatory authority over the construction of
1933 the surf pool and, in consultation with the department,
1934 establishes through the local government’s special use
1935 permitting process the conditions for the surf pool’s operation,
1936 water quality, and necessary lifesaving equipment. This
1937 subsection does not affect the department’s or a county health
1938 department’s right of entry pursuant to s. 514.04 or its
1939 authority to seek an injunction pursuant to s. 514.06 to
1940 restrain the operation of a surf pool permitted and operated
1941 under this subsection if the surf pool presents significant
1942 risks to public health. For the purposes of this subsection, the
1943 term “surf pool” means a pool that is designed to generate waves
1944 dedicated to the activity of surfing on a surfboard or an
1945 analogous surfing device commonly used in the ocean and intended
1946 for sport, as opposed to the general play intent of wave pools,
1947 other large-scale public swimming pools, or other public bathing
1948 places.
1949 Section 50. Subsection (7) of section 553.77, Florida
1950 Statutes, is amended to read:
1951 553.77 Specific powers of the commission.—
1952 (7) Building officials shall recognize and enforce variance
1953 orders issued by the Department of Health pursuant to s.
1954 514.0115(8) s. 514.0115(7), including any conditions attached to
1955 the granting of the variance.
1956 Section 51. Present paragraphs (g) through (v) of
1957 subsection (4) of section 408.809, Florida Statutes, are
1958 redesignated as paragraphs (h) through (w), respectively, and a
1959 new paragraph (g) is added to that subsection, to read:
1960 408.809 Background screening; prohibited offenses.—
1961 (4) In addition to the offenses listed in s. 435.04, all
1962 persons required to undergo background screening pursuant to
1963 this part or authorizing statutes must not have an arrest
1964 awaiting final disposition for, must not have been found guilty
1965 of, regardless of adjudication, or entered a plea of nolo
1966 contendere or guilty to, and must not have been adjudicated
1967 delinquent and the record not have been sealed or expunged for
1968 any of the following offenses or any similar offense of another
1969 jurisdiction:
1970 (g) Section 784.03, relating to battery, if the victim is a
1971 vulnerable adult as defined in s. 415.102 or a patient or
1972 resident of a facility licensed under chapter 395, chapter 400,
1973 or chapter 429.
1974
1975 If, upon rescreening, a person who is currently employed or
1976 contracted with a licensee as of June 30, 2014, and was screened
1977 and qualified under ss. 435.03 and 435.04, has a disqualifying
1978 offense that was not a disqualifying offense at the time of the
1979 last screening, but is a current disqualifying offense and was
1980 committed before the last screening, he or she may apply for an
1981 exemption from the appropriate licensing agency and, if agreed
1982 to by the employer, may continue to perform his or her duties
1983 until the licensing agency renders a decision on the application
1984 for exemption if the person is eligible to apply for an
1985 exemption and the exemption request is received by the agency no
1986 later than 30 days after receipt of the rescreening results by
1987 the person.
1988 Section 52. Subsection (5) is added to section 456.0135,
1989 Florida Statutes, to read:
1990 456.0135 General background screening provisions.—
1991 (5) In addition to the offenses listed in s. 435.04, all
1992 persons required to undergo background screening under this
1993 section, other than those licensed under s. 465.022, must not
1994 have an arrest awaiting final disposition for, must not have
1995 been found guilty of, regardless of adjudication, or entered a
1996 plea of nolo contendere or guilty to, and must not have been
1997 adjudicated delinquent and the record not have been sealed or
1998 expunged for an offense under s. 784.03 or any similar offense
1999 of another jurisdiction relating to battery, if the victim is a
2000 vulnerable adult as defined in s. 415.102 or a patient or
2001 resident of a facility licensed under chapter 395, chapter 400,
2002 or chapter 429.
2003 Section 53. The amendments and reenactments made by this
2004 act to sections 466.0067, 466.00671, and 466.00672, Florida
2005 Statutes, are remedial in nature, shall take effect upon this
2006 act becoming a law, and shall apply retroactively to January 1,
2007 2020. This section shall take effect upon this act becoming a
2008 law.
2009 Section 54. Except as otherwise expressly provided in this
2010 act and except for this section, which shall take effect upon
2011 this act becoming a law, this act shall take effect July 1,
2012 2020.
2013
2014 ================= T I T L E A M E N D M E N T ================
2015 And the title is amended as follows:
2016 Delete everything before the enacting clause
2017 and insert:
2018 A bill to be entitled
2019 An act relating to health regulation; amending s.
2020 39.303, F.S.; specifying direct reporting requirements
2021 for certain positions within the Children’s Medical
2022 Services Program; amending s. 381.0042, F.S.; revising
2023 the purpose of patient care networks from serving
2024 patients with acquired immune deficiency syndrome to
2025 serving those with human immunodeficiency virus;
2026 conforming provisions to changes made by the act;
2027 deleting obsolete language; amending s. 381.4018,
2028 F.S.; requiring the Department of Health to develop
2029 strategies to maximize federal-state partnerships that
2030 provide incentives for physicians to practice in
2031 medically underserved or rural areas; authorizing the
2032 department to adopt certain rules; amending s.
2033 381.915, F.S.; revising term limits for Tier 3 cancer
2034 center designations within the Florida Consortium of
2035 National Cancer Institute Centers Program; amending s.
2036 401.35, F.S.; revising provisions related to the
2037 department’s rules governing minimum standards for
2038 ground ambulances and emergency medical services
2039 vehicles; deleting the requirement that the department
2040 base rules governing medical supplies and equipment
2041 required in ambulances and emergency medical services
2042 vehicles on a certain association’s standards;
2043 deleting the requirement that the department base
2044 rules governing ambulance or emergency medical
2045 services vehicle design and construction on a certain
2046 agency’s standards and instead requiring the
2047 department to base such rules on national standards
2048 recognized by the department; amending s. 404.031,
2049 F.S.; defining the term ″useful beam″; amending s.
2050 404.22, F.S.; providing limitations on the
2051 maintenance, operation, and modification of certain
2052 radiation machines; providing conditions for the
2053 authorized exposure of human beings to the radiation
2054 emitted from a radiation machine; amending s. 456.013,
2055 F.S.; revising health care practitioner licensure
2056 application requirements; authorizing the board or
2057 department to issue a temporary license to certain
2058 applicants which expires after 60 days; amending s.
2059 456.053, F.S.; revising the definition of the term
2060 “referral”; amending s. 456.072, F.S.; prohibiting
2061 specified acts by health care practitioners relating
2062 to specialty designations; revising grounds for
2063 certain disciplinary actions to conform to changes
2064 made by the act; authorizing the department to enforce
2065 compliance with the act; authorizing the department to
2066 take specified disciplinary action against health care
2067 practitioners in violation of the act; specifying
2068 applicable administrative penalties; repealing s.
2069 456.0721, F.S., relating to health care practitioners
2070 in default on student loan or scholarship obligations;
2071 amending s. 456.074, F.S.; conforming provisions to
2072 changes made by the act; amending s. 458.3145, F.S.;
2073 revising the list of individuals who may be issued a
2074 medical faculty certificate without examination;
2075 amending s. 458.3312, F.S.; removing a prohibition
2076 against physicians representing themselves as board
2077 certified specialists in dermatology unless the
2078 recognizing agency is reviewed and reauthorized on a
2079 specified basis by the Board of Medicine; amending s.
2080 459.0055, F.S.; revising licensure requirements for a
2081 person seeking licensure or certification as an
2082 osteopathic physician; repealing s. 460.4166, F.S.,
2083 relating to registered chiropractic assistants;
2084 amending s. 464.019, F.S.; authorizing the Board of
2085 Nursing to adopt specified rules; extending through
2086 2025 the Florida Center for Nursing’s responsibility
2087 to study and issue an annual report on the
2088 implementation of nursing education programs;
2089 authorizing certain nursing education programs to
2090 apply for an extension for accreditation within a
2091 specified timeframe; providing limitations on and
2092 eligibility criteria for the extension; providing a
2093 tolling provision; amending s. 464.202, F.S.;
2094 requiring the Board of Nursing to adopt rules that
2095 include disciplinary procedures and standards of
2096 practice for certified nursing assistants; amending s.
2097 464.203, F.S.; revising certification requirements for
2098 nursing assistants; amending s. 464.204, F.S.;
2099 revising grounds for board-imposed disciplinary
2100 sanctions; amending s. 466.006, F.S.; revising certain
2101 examination requirements for applicants seeking dental
2102 licensure; reviving, reenacting, and amending s.
2103 466.0067, F.S., relating to the application for a
2104 health access dental license; reviving, reenacting,
2105 and amending s. 466.00671, F.S., relating to the
2106 renewal of such a license; reviving and reenacting s.
2107 466.00672, F.S., relating to the revocation of such
2108 license; amending s. 466.007, F.S.; revising
2109 requirements for dental hygienist licensure; amending
2110 s. 466.017, F.S.; requiring dentists and certified
2111 registered dental hygienists to report in writing
2112 certain adverse incidents to the department within a
2113 specified timeframe; providing for disciplinary action
2114 by the Board of Dentistry for violations; defining the
2115 term “adverse incident”; authorizing the board to
2116 adopt rules; amending s. 466.031, F.S.; making
2117 technical changes; authorizing an employee or an
2118 independent contractor of a dental laboratory, acting
2119 as an agent of that dental laboratory, to engage in
2120 onsite consultation with a licensed dentist during a
2121 dental procedure; amending s. 466.036, F.S.; revising
2122 the frequency of dental laboratory inspections during
2123 a specified period; amending s. 468.701, F.S.;
2124 revising the definition of the term “athletic
2125 trainer”; deleting a requirement that is relocated to
2126 another section; amending s. 468.707, F.S.; revising
2127 athletic trainer licensure requirements; amending s.
2128 468.711, F.S.; requiring certain athletic trainer
2129 licensees to maintain certification in good standing
2130 without lapse as a condition of license renewal;
2131 amending s. 468.713, F.S.; requiring that an athletic
2132 trainer work within a specified scope of practice;
2133 relocating an existing requirement that was stricken
2134 from another section; amending s. 468.723, F.S.;
2135 requiring the direct supervision of an athletic
2136 training student to be in accordance with rules
2137 adopted by the Board of Athletic Training; amending s.
2138 468.803, F.S.; revising orthotic, prosthetic, and
2139 pedorthic licensure, registration, and examination
2140 requirements; amending s. 480.033, F.S.; revising the
2141 definition of the term “apprentice”; amending s.
2142 480.041, F.S.; revising qualifications for licensure
2143 as a massage therapist; specifying that massage
2144 apprentices licensed before a specified date may
2145 continue to perform massage therapy as authorized
2146 under their licenses; authorizing massage apprentices
2147 to apply for full licensure upon completion of their
2148 apprenticeships, under certain conditions; repealing
2149 s. 480.042, F.S., relating to examinations for
2150 licensure as a massage therapist; amending s. 490.003,
2151 F.S.; revising the definition of the terms “doctoral
2152 level psychological education” and “doctoral degree in
2153 psychology”; amending s. 490.005, F.S.; revising
2154 requirements for licensure by examination of
2155 psychologists and school psychologists; amending s.
2156 490.006, F.S.; revising requirements for licensure by
2157 endorsement of psychologists and school psychologists;
2158 amending s. 491.0045, F.S.; exempting clinical social
2159 worker interns, marriage and family therapist interns,
2160 and mental health counselor interns from registration
2161 requirements, under certain circumstances; amending s.
2162 491.005, F.S.; revising requirements for the licensure
2163 by examination of marriage and family therapists;
2164 revising requirements for the licensure by examination
2165 of mental health counselors; amending s. 491.006,
2166 F.S.; revising requirements for licensure by
2167 endorsement or certification for specified
2168 professions; amending s. 491.007, F.S.; removing a
2169 biennial intern registration fee; amending s. 491.009,
2170 F.S.; authorizing the Board of Clinical Social Work,
2171 Marriage and Family Therapy, and Mental Health
2172 Counseling or, under certain circumstances, the
2173 department to enter an order denying licensure or
2174 imposing penalties against an applicant for licensure
2175 under certain circumstances; amending ss. 491.0046 and
2176 945.42, F.S.; conforming cross-references; reenacting
2177 s. 459.021(6), F.S., relating to registration of
2178 osteopathic resident physicians, interns, and fellows,
2179 to incorporate the amendment made to s. 459.0055,
2180 F.S., in a reference thereto; amending s. 514.0115,
2181 F.S.; providing that certain surf pools are exempt
2182 from supervision for specified provisions under
2183 certain circumstances; providing construction;
2184 defining the term “surf pool”; amending s. 553.77,
2185 F.S.; conforming a cross-reference; amending s.
2186 408.809, F.S.; providing that battery on a specified
2187 victim is a disqualifying offense for employment in
2188 certain health care facilities; amending s. 456.0135,
2189 F.S.; providing that battery on a specified victim is
2190 a disqualifying offense for licensure as a health care
2191 practitioner; providing for retroactive applicability
2192 of specified provisions; providing effective dates.