Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1568, 1st Eng.
       
       
       
       
       
       
                                Ì535476FÎ535476                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .           Floor: CA            
             04/29/2021 12:12 PM       .      04/29/2021 09:08 PM       
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment to House Amendment (527309) (with title
    2  amendment)
    3  
    4         Delete lines 483 - 1483
    5  and insert:
    6         Section 6. Subsections (3) and (4) of section 401.465,
    7  Florida Statutes, are renumbered as subsections (4) and (5),
    8  respectively, paragraphs (d) and (j) of subsection (2) of that
    9  section are amended, paragraph (d) is added to subsection (1),
   10  and a new subsection (3) is added to that section, to read:
   11         401.465 911 public safety telecommunicator certification.—
   12         (1) DEFINITIONS.—As used in this section, the term:
   13         (d) “Telecommunicator cardiopulmonary resuscitation
   14  training” means specific training, including continuous
   15  education, that is evidence based and contains nationally
   16  accepted guidelines for high-quality telecommunicator
   17  cardiopulmonary resuscitation with the recognition of out-of
   18  hospital cardiac arrest over the telephone and the delivery of
   19  telephonic instructions for treating cardiac arrest and
   20  performing compression-only cardiopulmonary resuscitation.
   21         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
   22         (d) The department shall determine whether the applicant
   23  meets the requirements specified in this section and in rules of
   24  the department and shall issue a certificate to any person who
   25  meets such requirements. Such requirements must include the
   26  following:
   27         1. Completion of an appropriate 911 public safety
   28  telecommunication training program;
   29         2. Certification under oath that the applicant is not
   30  addicted to alcohol or any controlled substance;
   31         3. Certification under oath that the applicant is free from
   32  any physical or mental defect or disease that might impair the
   33  applicant’s ability to perform his or her duties;
   34         4. Submission of the application fee prescribed in
   35  subsection (4) (3);
   36         5. Submission of a completed application to the department
   37  which indicates compliance with subparagraphs 1., 2., and 3.;
   38  and
   39         6. Effective October 1, 2012, passage of an examination
   40  approved by the department which measures the applicant’s
   41  competency and proficiency in the subject material of the public
   42  safety telecommunication training program.
   43         (j)1. The requirement for certification as a 911 public
   44  safety telecommunicator is waived for a person employed as a
   45  sworn state-certified law enforcement officer, provided the
   46  officer:
   47         a. Is selected by his or her chief executive to perform as
   48  a 911 public safety telecommunicator;
   49         b. Performs as a 911 public safety telecommunicator on an
   50  occasional or limited basis; and
   51         c. Passes the department-approved examination that measures
   52  the competency and proficiency of an applicant in the subject
   53  material comprising the public safety telecommunication program.
   54         2. A sworn state-certified law enforcement officer who
   55  fails an examination taken under subparagraph 1. must take a
   56  department-approved public safety telecommunication training
   57  program prior to retaking the examination.
   58         3. The testing required under this paragraph is exempt from
   59  the examination fee required under subsection (4) (3).
   60         (3) TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION
   61  TRAINING.—In addition to the certification and recertification
   62  requirements contained in this section, 911 public safety
   63  telecommunicators who take telephone calls and provide dispatch
   64  functions for emergency medical conditions must complete
   65  telecommunicator cardiopulmonary resuscitation training every 2
   66  years.
   67         Section 7. Paragraph (h) is added to subsection (1) of
   68  section 408.033, Florida Statutes, to read:
   69         408.033 Local and state health planning.—
   70         (1) LOCAL HEALTH COUNCILS.—
   71         (h) For the purpose of performing their duties under this
   72  section, local health councils may collect utilization data from
   73  each hospital licensed under chapter 395 which is located within
   74  their respective local health council districts.
   75         Section 8. Paragraph (c) of subsection (2) of section
   76  456.47, Florida Statutes, is amended to read:
   77         456.47 Use of telehealth to provide services.—
   78         (2) PRACTICE STANDARDS.—
   79         (c) A telehealth provider may not use telehealth to
   80  prescribe a controlled substance listed in Schedule II of s.
   81  893.03 unless the controlled substance is prescribed for the
   82  following:
   83         1. The treatment of a psychiatric disorder;
   84         2. Inpatient treatment at a hospital licensed under chapter
   85  395;
   86         3. The treatment of a patient receiving hospice services as
   87  defined in s. 400.601; or
   88         4. The treatment of a resident of a nursing home facility
   89  as defined in s. 400.021.
   90         Section 9. Subsection (1) of section 460.406, Florida
   91  Statutes, is amended to read:
   92         460.406 Licensure by examination.—
   93         (1) Any person desiring to be licensed as a chiropractic
   94  physician must apply to the department to take the licensure
   95  examination. There shall be an application fee set by the board
   96  not to exceed $100 which shall be nonrefundable. There shall
   97  also be an examination fee not to exceed $500 plus the actual
   98  per applicant cost to the department for purchase of portions of
   99  the examination from the National Board of Chiropractic
  100  Examiners or a similar national organization, which may be
  101  refundable if the applicant is found ineligible to take the
  102  examination. The department shall examine each applicant who the
  103  board certifies has met all of the following criteria:
  104         (a) Completed the application form and remitted the
  105  appropriate fee.
  106         (b) Submitted proof satisfactory to the department that he
  107  or she is not less than 18 years of age.
  108         (c) Submitted proof satisfactory to the department that he
  109  or she is a graduate of a chiropractic college which is
  110  accredited by or has status with the Council on Chiropractic
  111  Education or its predecessor agency. However, any applicant who
  112  is a graduate of a chiropractic college that was initially
  113  accredited by the Council on Chiropractic Education in 1995, who
  114  graduated from such college within the 4 years immediately
  115  preceding such accreditation, and who is otherwise qualified is
  116  shall be eligible to take the examination. An No application for
  117  a license to practice chiropractic medicine may not shall be
  118  denied solely because the applicant is a graduate of a
  119  chiropractic college that subscribes to one philosophy of
  120  chiropractic medicine as distinguished from another.
  121         (d)1. For an applicant who has matriculated in a
  122  chiropractic college before prior to July 2, 1990, completed at
  123  least 2 years of residence college work, consisting of a minimum
  124  of one-half the work acceptable for a bachelor’s degree granted
  125  on the basis of a 4-year period of study, in a college or
  126  university accredited by an institutional accrediting agency
  127  recognized and approved by the United States Department of
  128  Education. However, before prior to being certified by the board
  129  to sit for the examination, each applicant who has matriculated
  130  in a chiropractic college after July 1, 1990, must shall have
  131  been granted a bachelor’s degree, based upon 4 academic years of
  132  study, by a college or university accredited by an institutional
  133  a regional accrediting agency which is a member of the
  134  Commission on Recognition of Postsecondary Accreditation.
  135         2. Effective July 1, 2000, completed, before prior to
  136  matriculation in a chiropractic college, at least 3 years of
  137  residence college work, consisting of a minimum of 90 semester
  138  hours leading to a bachelor’s degree in a liberal arts college
  139  or university accredited by an institutional accrediting agency
  140  recognized and approved by the United States Department of
  141  Education. However, before prior to being certified by the board
  142  to sit for the examination, each applicant who has matriculated
  143  in a chiropractic college after July 1, 2000, must shall have
  144  been granted a bachelor’s degree from an institution holding
  145  accreditation for that degree from an institutional a regional
  146  accrediting agency which is recognized by the United States
  147  Department of Education. The applicant’s chiropractic degree
  148  must consist of credits earned in the chiropractic program and
  149  may not include academic credit for courses from the bachelor’s
  150  degree.
  151         (e) Successfully completed the National Board of
  152  Chiropractic Examiners certification examination in parts I, II,
  153  III, and IV, and the physiotherapy examination of the National
  154  Board of Chiropractic Examiners, with a score approved by the
  155  board.
  156         (f) Submitted to the department a set of fingerprints on a
  157  form and under procedures specified by the department, along
  158  with payment in an amount equal to the costs incurred by the
  159  Department of Health for the criminal background check of the
  160  applicant.
  161  
  162  The board may require an applicant who graduated from an
  163  institution accredited by the Council on Chiropractic Education
  164  more than 10 years before the date of application to the board
  165  to take the National Board of Chiropractic Examiners Special
  166  Purposes Examination for Chiropractic, or its equivalent, as
  167  determined by the board. The board shall establish by rule a
  168  passing score.
  169         Section 10. Subsection (4) of section 464.008, Florida
  170  Statutes, is amended to read:
  171         464.008 Licensure by examination.—
  172         (4) If an applicant who graduates from an approved program
  173  does not take the licensure examination within 6 months after
  174  graduation, he or she must enroll in and successfully complete a
  175  board-approved licensure examination preparatory course. The
  176  applicant is responsible for all costs associated with the
  177  course and may not use state or federal financial aid for such
  178  costs. The board shall by rule establish guidelines for
  179  licensure examination preparatory courses.
  180         Section 11. Paragraph (e) of subsection (1) of section
  181  464.018, Florida Statutes, is amended to read:
  182         464.018 Disciplinary actions.—
  183         (1) The following acts constitute grounds for denial of a
  184  license or disciplinary action, as specified in ss. 456.072(2)
  185  and 464.0095:
  186         (e) Having been found guilty of, regardless of
  187  adjudication, or entered a plea of nolo contendere or guilty to,
  188  regardless of adjudication, any offense prohibited under s.
  189  435.04 or similar statute of another jurisdiction; or having
  190  committed an act which constitutes domestic violence as defined
  191  in s. 741.28.
  192         Section 12. Section 465.1893, Florida Statutes, is amended
  193  to read:
  194         465.1893 Administration of long-acting antipsychotic
  195  medication by injection.—
  196         (1)(a) A pharmacist, at the direction of a physician
  197  licensed under chapter 458 or chapter 459, may administer a
  198  long-acting antipsychotic medication or an extended-release
  199  medication indicated to treat opioid use disorder, alcohol use
  200  disorder, or other substance use disorders or dependencies,
  201  including, but not limited to, buprenorphine, naltrexone, or
  202  other medications that have been approved by the United States
  203  Food and Drug Administration by injection to a patient if the
  204  pharmacist:
  205         1. Is authorized by and acting within the framework of an
  206  established protocol with the prescribing physician.
  207         2. Practices at a facility that accommodates privacy for
  208  nondeltoid injections and conforms with state rules and
  209  regulations regarding the appropriate and safe disposal of
  210  medication and medical waste.
  211         3. Has completed the course required under subsection (2).
  212         (b) A separate prescription from a physician is required
  213  for each injection administered by a pharmacist under this
  214  subsection.
  215         (2)(a) A pharmacist seeking to administer a long-acting
  216  antipsychotic medication described in paragraph (1)(a) by
  217  injection must complete an 8-hour continuing education course
  218  offered by:
  219         1. A statewide professional association of physicians in
  220  this state accredited to provide educational activities
  221  designated for the American Medical Association Physician’s
  222  Recognition Award (AMA PRA) Category 1 Credit or the American
  223  Osteopathic Association (AOA) Category 1-A continuing medical
  224  education (CME) credit; and
  225         2. A statewide association of pharmacists.
  226         (b) The course may be offered in a distance learning format
  227  and must be included in the 30 hours of continuing professional
  228  pharmaceutical education required under s. 465.009(1). The
  229  course shall have a curriculum of instruction that concerns the
  230  safe and effective administration of behavioral health,
  231  addiction, and antipsychotic medications by injection,
  232  including, but not limited to, potential allergic reactions to
  233  such medications.
  234         Section 13. Paragraph (h) of subsection (1) of section
  235  466.028, Florida Statutes, is amended to read:
  236         466.028 Grounds for disciplinary action; action by the
  237  board.—
  238         (1) The following acts constitute grounds for denial of a
  239  license or disciplinary action, as specified in s. 456.072(2):
  240         (h) Being employed by any corporation, organization, group,
  241  or person other than a dentist, a hospital, or a professional
  242  corporation or limited liability company composed of dentists to
  243  practice dentistry.
  244         Section 14. Section 466.0285, Florida Statutes, is amended
  245  to read:
  246         466.0285 Proprietorship by nondentists.—
  247         (1) A person or an entity No person other than a dentist
  248  licensed under pursuant to this chapter, a specialty-licensed
  249  children’s hospital licensed under chapter 395 as of January 1,
  250  2021, or nor any entity other than a professional corporation or
  251  limited liability company composed of dentists, may not:
  252         (a) Employ a dentist or dental hygienist in the operation
  253  of a dental office.
  254         (b) Control the use of any dental equipment or material
  255  while such equipment or material is being used for the provision
  256  of dental services, whether those services are provided by a
  257  dentist, a dental hygienist, or a dental assistant.
  258         (c) Direct, control, or interfere with a dentist’s clinical
  259  judgment. To direct, control, or interfere with a dentist’s
  260  clinical judgment does not mean may not be interpreted to mean
  261  dental services contractually excluded, the application of
  262  alternative benefits that may be appropriate given the dentist’s
  263  prescribed course of treatment, or the application of
  264  contractual provisions and scope of coverage determinations in
  265  comparison with a dentist’s prescribed treatment on behalf of a
  266  covered person by an insurer, health maintenance organization,
  267  or a prepaid limited health service organization.
  268  
  269  Any lease agreement, rental agreement, or other arrangement
  270  between a nondentist and a dentist whereby the nondentist
  271  provides the dentist with dental equipment or dental materials
  272  must shall contain a provision whereby the dentist expressly
  273  maintains complete care, custody, and control of the equipment
  274  or practice.
  275         (2) The purpose of this section is to prevent a nondentist
  276  from influencing or otherwise interfering with the exercise of a
  277  dentist’s independent professional judgment. In addition to the
  278  acts specified in subsection (1), a no person or an entity that
  279  who is not a dentist licensed under pursuant to this chapter, a
  280  specialty-licensed children’s hospital licensed under chapter
  281  395 as of January 1, 2021, or nor any entity that is not a
  282  professional corporation or limited liability company composed
  283  of dentists may not shall enter into a relationship with a
  284  licensee pursuant to which such unlicensed person or such entity
  285  exercises control over any of the following:
  286         (a) The selection of a course of treatment for a patient,
  287  the procedures or materials to be used as part of such course of
  288  treatment, and the manner in which such course of treatment is
  289  carried out by the licensee.;
  290         (b) The patient records of a dentist.;
  291         (c) Policies and decisions relating to pricing, credit,
  292  refunds, warranties, and advertising.; and
  293         (d) Decisions relating to office personnel and hours of
  294  practice.
  295         (3) Any person who violates this section commits a felony
  296  of the third degree, punishable as provided in s. 775.082, s.
  297  775.083, or s. 775.084.
  298         (4) Any contract or arrangement entered into or undertaken
  299  in violation of this section is shall be void as contrary to
  300  public policy. This section applies to contracts entered into or
  301  renewed on or after October 1, 1997.
  302         Section 15. Subsections (13) and (14) of section 467.003,
  303  Florida Statutes, are renumbered as subsections (14) and (15),
  304  respectively, subsections (1) and (12) are amended, and a new
  305  subsection (13) is added to that section, to read:
  306         467.003 Definitions.—As used in this chapter, unless the
  307  context otherwise requires:
  308         (1) “Approved midwifery program” means a midwifery school
  309  or a midwifery training program that which is approved by the
  310  department pursuant to s. 467.205.
  311         (12) “Preceptor” means a physician licensed under chapter
  312  458 or chapter 459, a licensed midwife licensed under this
  313  chapter, or a certified nurse midwife licensed under chapter
  314  464, who has a minimum of 3 years’ professional experience, and
  315  who directs, teaches, supervises, and evaluates the learning
  316  experiences of a the student midwife as part of an approved
  317  midwifery program.
  318         (13) “Prelicensure course” means a course of study, offered
  319  by an approved midwifery program and approved by the department,
  320  which an applicant for licensure must complete before a license
  321  may be issued and which provides instruction in the laws and
  322  rules of this state and demonstrates the student’s competency to
  323  practice midwifery under this chapter.
  324         Section 16. Section 467.009, Florida Statutes, is amended
  325  to read:
  326         467.009 Approved midwifery programs; education and training
  327  requirements.—
  328         (1) The department shall adopt standards for approved
  329  midwifery programs which must include, but need not be limited
  330  to, standards for all of the following:
  331         (a). The standards shall encompass Clinical and classroom
  332  instruction in all aspects of prenatal, intrapartal, and
  333  postpartal care, including all of the following:
  334         1. Obstetrics.;
  335         2. Neonatal pediatrics.;
  336         3. Basic sciences.;
  337         4. Female reproductive anatomy and physiology.;
  338         5. Behavioral sciences.;
  339         6. Childbirth education.;
  340         7. Community care.;
  341         8. Epidemiology.;
  342         9. Genetics.;
  343         10. Embryology.;
  344         11. Neonatology.;
  345         12. Applied pharmacology.;
  346         13. The medical and legal aspects of midwifery.;
  347         14. Gynecology and women’s health.;
  348         15. Family planning.;
  349         16. Nutrition during pregnancy and lactation.;
  350         17. Breastfeeding.; and
  351         18. Basic nursing skills; and any other instruction
  352  determined by the department and council to be necessary.
  353         (b)The standards shall incorporate the Core competencies
  354  incorporating those established by the American College of Nurse
  355  Midwives and the Midwives Alliance of North America, including
  356  knowledge, skills, and professional behavior in all of the
  357  following areas:
  358         1. Primary management, collaborative management, referral,
  359  and medical consultation.;
  360         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  361         3. Family planning and gynecological care.;
  362         4. Common complications.; and
  363         5. Professional responsibilities.
  364         (c) Noncurricular The standards shall include noncurriculum
  365  matters under this section, including, but not limited to,
  366  staffing and teacher qualifications.
  367         (2) An approved midwifery program must offer shall include
  368  a course of study and clinical training for a minimum of 3 years
  369  which incorporates all of the standards, curriculum guidelines,
  370  and educational objectives provided in this section and the
  371  rules adopted hereunder.
  372         (3) An approved midwifery program may reduce If the
  373  applicant is a registered nurse or a licensed practical nurse or
  374  has previous nursing or midwifery education, the required period
  375  of training may be reduced to the extent of the student’s
  376  applicant’s qualifications as a registered nurse or licensed
  377  practical nurse or based on prior completion of equivalent
  378  nursing or midwifery education, as determined under rules
  379  adopted by the department rule. In no case shall the training be
  380  reduced to a period of less than 2 years.
  381         (4)(3)An approved midwifery program may accept students
  382  who To be accepted into an approved midwifery program, an
  383  applicant shall have completed all of the following:
  384         (a) A high school diploma or its equivalent.
  385         (b) Taken Three college-level credits each of math and
  386  English or demonstrated competencies in communication and
  387  computation.
  388         (5)(4)As part of its course of study, an approved
  389  midwifery program must require clinical training that includes
  390  all of the following:
  391         (a)A student midwife, during training, shall undertake,
  392  under the supervision of a preceptor, The care of 50 women in
  393  each of the prenatal, intrapartal, and postpartal periods under
  394  the supervision of a preceptor., but The same women need not be
  395  seen through all three periods.
  396         (b)(5)Observation of The student midwife shall observe an
  397  additional 25 women in the intrapartal period before qualifying
  398  for a license.
  399         (6) Clinical The training required under this section must
  400  include all of the following:
  401         (a)shall include Training in either hospitals, or
  402  alternative birth settings, or both.
  403         (b) A requirement that students demonstrate competency in
  404  the assessment of and differentiation, with particular emphasis
  405  on learning the ability to differentiate between low-risk
  406  pregnancies and high-risk pregnancies.
  407         (7) A hospital or birthing center receiving public funds
  408  shall be required to provide student midwives access to observe
  409  labor, delivery, and postpartal procedures, provided the woman
  410  in labor has given informed consent. The Department of Health
  411  shall assist in facilitating access to hospital training for
  412  approved midwifery programs.
  413         (8)(7) The Department of Education shall adopt curricular
  414  frameworks for midwifery programs conducted within public
  415  educational institutions under pursuant to this section.
  416         (8) Nonpublic educational institutions that conduct
  417  approved midwifery programs shall be accredited by a member of
  418  the Commission on Recognition of Postsecondary Accreditation and
  419  shall be licensed by the Commission for Independent Education.
  420         Section 17. Section 467.011, Florida Statutes, is amended
  421  to read:
  422         467.011 Licensed midwives; qualifications; examination
  423  Licensure by examination.—
  424         (1) The department shall administer an examination to test
  425  the proficiency of applicants in the core competencies required
  426  to practice midwifery as specified in s. 467.009.
  427         (2) The department shall develop, publish, and make
  428  available to interested parties at a reasonable cost a
  429  bibliography and guide for the examination.
  430         (3) The department shall issue a license to practice
  431  midwifery to an applicant who meets all of the following
  432  criteria:
  433         (1) Demonstrates that he or she has graduated from one of
  434  the following:
  435         (a) An approved midwifery program.
  436         (b) A medical or midwifery program offered in another
  437  state, jurisdiction, territory, or country whose graduation
  438  requirements were equivalent to or exceeded those required by s.
  439  467.009 and the rules adopted thereunder at the time of
  440  graduation.
  441         (2) Demonstrates that he or she has and successfully
  442  completed a prelicensure course offered by an approved midwifery
  443  program. Students graduating from an approved midwifery program
  444  may meet this requirement by showing that the content
  445  requirements for the prelicensure course were covered as part of
  446  their course of study.
  447         (3) Submits an application for licensure on a form approved
  448  by the department and pays the appropriate fee.
  449         (4) Demonstrates that he or she has received a passing
  450  score on an the examination specified by the department, upon
  451  payment of the required licensure fee.
  452         Section 18. Section 467.0125, Florida Statutes, is amended
  453  to read:
  454         467.0125 Licensed midwives; qualifications; Licensure by
  455  endorsement; temporary certificates.—
  456         (1) The department shall issue a license by endorsement to
  457  practice midwifery to an applicant who, upon applying to the
  458  department, demonstrates to the department that she or he meets
  459  all of the following criteria:
  460         (a)1. Holds a valid certificate or diploma from a foreign
  461  institution of medicine or midwifery or from a midwifery program
  462  offered in another state, bearing the seal of the institution or
  463  otherwise authenticated, which renders the individual eligible
  464  to practice midwifery in the country or state in which it was
  465  issued, provided the requirements therefor are deemed by the
  466  department to be substantially equivalent to, or to exceed,
  467  those established under this chapter and rules adopted under
  468  this chapter, and submits therewith a certified translation of
  469  the foreign certificate or diploma; or
  470         2. Holds an active, unencumbered a valid certificate or
  471  license to practice midwifery in another state, jurisdiction, or
  472  territory issued by that state, provided the licensing
  473  requirements of that state, jurisdiction, or territory at the
  474  time the license was issued were therefor are deemed by the
  475  department to be substantially equivalent to, or exceeded to
  476  exceed, those established under this chapter and the rules
  477  adopted thereunder under this chapter.
  478         (b) Has successfully completed a 4-month prelicensure
  479  course conducted by an approved midwifery program and has
  480  submitted documentation to the department of successful
  481  completion.
  482         (c) Submits an application for licensure on a form approved
  483  by the department and pays the appropriate fee Has successfully
  484  passed the licensed midwifery examination.
  485         (2) The department may issue a temporary certificate to
  486  practice in areas of critical need to an applicant any midwife
  487  who is qualifying for a midwifery license licensure by
  488  endorsement under subsection (1) who meets all of the following
  489  criteria, with the following restrictions:
  490         (a) Submits an application for a temporary certificate on a
  491  form approved by the department and pays the appropriate fee,
  492  which may not exceed $50 and is in addition to the fee required
  493  for licensure by endorsement under subsection (1);
  494         (b) Specifies on the application that he or she will The
  495  Department of Health shall determine the areas of critical need,
  496  and the midwife so certified shall practice only in one or more
  497  of the following locations:
  498         1. A county health department;
  499         2. A correctional facility;
  500         3. A Department of Veterans’ Affairs clinic;
  501         4. A community health center funded by s. 329, s. 330, or
  502  s. 340 of the United States Public Health Service Act; or
  503         5. Any other agency or institution that is approved by the
  504  State Surgeon General and provides health care to meet the needs
  505  of an underserved population in this state; and those specific
  506  areas,
  507         (c) Will practice only under the supervision auspices of a
  508  physician licensed under pursuant to chapter 458 or chapter 459,
  509  a certified nurse midwife licensed under pursuant to part I of
  510  chapter 464, or a midwife licensed under this chapter, who has a
  511  minimum of 3 years’ professional experience.
  512         (3) The department may issue a temporary certificate under
  513  this section with the following restrictions:
  514         (a) A requirement that a temporary certificateholder
  515  practice only in areas of critical need. The State Surgeon
  516  General shall determine the areas of critical need, which Such
  517  areas shall include, but are not be limited to, health
  518  professional shortage areas designated by the United States
  519  Department of Health and Human Services.
  520         (b) A requirement that if a temporary certificateholder’s
  521  practice area ceases to be an area of critical need, within 30
  522  days after such change the certificateholder must either:
  523         1. Report a new practice area of critical need to the
  524  department; or
  525         2. Voluntarily relinquish the temporary certificate.
  526         (4) The department shall review a temporary
  527  certificateholder’s practice at least annually to determine
  528  whether the certificateholder is meeting the requirements of
  529  subsections (2) and (3) and the rules adopted thereunder. If the
  530  department determines that a certificateholder is not meeting
  531  these requirements, the department must revoke the temporary
  532  certificate.
  533         (5) A temporary certificate issued under this section is
  534  shall be valid only as long as an area for which it is issued
  535  remains an area of critical need, but no longer than 2 years,
  536  and is shall not be renewable.
  537         (c) The department may administer an abbreviated oral
  538  examination to determine the midwife’s competency, but no
  539  written regular examination shall be necessary.
  540         (d) The department shall not issue a temporary certificate
  541  to any midwife who is under investigation in another state for
  542  an act which would constitute a violation of this chapter until
  543  such time as the investigation is complete, at which time the
  544  provisions of this section shall apply.
  545         (e) The department shall review the practice under a
  546  temporary certificate at least annually to ascertain that the
  547  minimum requirements of the midwifery rules promulgated under
  548  this chapter are being met. If it is determined that the minimum
  549  requirements are not being met, the department shall immediately
  550  revoke the temporary certificate.
  551         (f) The fee for a temporary certificate shall not exceed
  552  $50 and shall be in addition to the fee required for licensure.
  553         Section 19. Section 467.205, Florida Statutes, is amended
  554  to read:
  555         467.205 Approval of midwifery programs.—
  556         (1) The department shall approve an accredited or state
  557  licensed public or private institution seeking to provide
  558  midwifery education and training as an approved midwifery
  559  program in this state if the institution meets all of the
  560  following criteria:
  561         (a) Submits an application for approval on a form approved
  562  by the department.
  563         (b) Demonstrates to the department’s satisfaction that the
  564  proposed midwifery program complies with s. 467.009 and the
  565  rules adopted thereunder.
  566         (c) For a private institution, demonstrates its
  567  accreditation by a member of the Council for Higher Education
  568  Accreditation or an accrediting agency approved by the United
  569  States Department of Education and its licensing or provisional
  570  licensing by the Commission for Independent Education An
  571  organization desiring to conduct an approved program for the
  572  education of midwives shall apply to the department and submit
  573  such evidence as may be required to show that it complies with
  574  s. 467.009 and with the rules of the department. Any accredited
  575  or state-licensed institution of higher learning, public or
  576  private, may provide midwifery education and training.
  577         (2) The department shall adopt rules regarding educational
  578  objectives, faculty qualifications, curriculum guidelines,
  579  administrative procedures, and other training requirements as
  580  are necessary to ensure that approved programs graduate midwives
  581  competent to practice under this chapter.
  582         (3) The department shall survey each organization applying
  583  for approval. If the department is satisfied that the program
  584  meets the requirements of s. 467.009 and rules adopted pursuant
  585  to that section, it shall approve the program.
  586         (2)(4) The department shall, at least once every 3 years,
  587  certify whether each approved midwifery program is currently
  588  compliant, and has maintained compliance, complies with the
  589  requirements of standards developed under s. 467.009 and the
  590  rules adopted thereunder.
  591         (3)(5) If the department finds that an approved midwifery
  592  program is not in compliance with the requirements of s. 467.009
  593  or the rules adopted thereunder, or has lost its accreditation
  594  status, the department must provide its finding to the program
  595  in writing and no longer meets the required standards, it may
  596  place the program on probationary status for a specified period
  597  of time, which may not exceed 3 years until such time as the
  598  standards are restored.
  599         (4) If a program on probationary status does not come into
  600  compliance with the requirements of s. 467.009 or the rules
  601  adopted thereunder, or regain its accreditation status, as
  602  applicable, within the period specified by the department fails
  603  to correct these conditions within a specified period of time,
  604  the department may rescind the program’s approval.
  605         (5) A Any program that has having its approval rescinded
  606  has shall have the right to reapply for approval.
  607         (6) The department may grant provisional approval of a new
  608  program seeking accreditation status, for a period not to exceed
  609  5 years, provided that all other requirements of this section
  610  are met.
  611         (7) The department may rescind provisional approval of a
  612  program that fails to the meet the requirements of s. 467.009,
  613  this section, or the rules adopted thereunder, in accordance
  614  with procedures provided in subsections (3) and (4) may be
  615  granted pending the licensure results of the first graduating
  616  class.
  617         Section 20. Subsections (2), (3), and (4) and paragraphs
  618  (a) and (b) of subsection (5) of section 468.803, Florida
  619  Statutes, are amended to read:
  620         468.803 License, registration, and examination
  621  requirements.—
  622         (2) An applicant for registration, examination, or
  623  licensure must apply to the department on a form prescribed by
  624  the board for consideration of board approval. Each initial
  625  applicant shall submit a set of fingerprints to the department
  626  on a form and under procedures specified by the department,
  627  along with payment in an amount equal to the costs incurred by
  628  the department for state and national criminal history checks of
  629  the applicant. The department shall submit the fingerprints
  630  provided by an applicant to the Department of Law Enforcement
  631  for a statewide criminal history check, and the Department of
  632  Law Enforcement shall forward the fingerprints to the Federal
  633  Bureau of Investigation for a national criminal history check of
  634  the applicant. The board shall screen the results to determine
  635  if an applicant meets licensure requirements. The board shall
  636  consider for examination, registration, or licensure each
  637  applicant who the board verifies:
  638         (a) Has submitted the completed application and completed
  639  the fingerprinting requirements fingerprint forms and has paid
  640  the applicable application fee, not to exceed $500, and the cost
  641  of the state and national criminal history checks. The
  642  application fee is and cost of the criminal history checks shall
  643  be nonrefundable;
  644         (b) Is of good moral character;
  645         (c) Is 18 years of age or older; and
  646         (d) Has completed the appropriate educational preparation.
  647         (3) A person seeking to attain the orthotics or prosthetics
  648  experience required for licensure in this state must be approved
  649  by the board and registered as a resident by the department.
  650  Although a registration may be held in both disciplines, for
  651  independent registrations the board may not approve a second
  652  registration until at least 1 year after the issuance of the
  653  first registration. Notwithstanding subsection (2), a person who
  654  has been approved by the board and registered by the department
  655  in one discipline may apply for registration in the second
  656  discipline without an additional state or national criminal
  657  history check during the period in which the first registration
  658  is valid. Each independent registration or dual registration is
  659  valid for 2 years after the date of issuance unless otherwise
  660  revoked by the department upon recommendation of the board. The
  661  board shall set a registration fee not to exceed $500 to be paid
  662  by the applicant. A registration may be renewed once by the
  663  department upon recommendation of the board for a period no
  664  longer than 1 year, as such renewal is defined by the board by
  665  rule. The renewal fee may not exceed one-half the current
  666  registration fee. To be considered by the board for approval of
  667  registration as a resident, the applicant must have one of the
  668  following:
  669         (a) A Bachelor of Science or higher-level postgraduate
  670  degree in orthotics and prosthetics from an a regionally
  671  accredited college or university recognized by the Commission on
  672  Accreditation of Allied Health Education Programs.
  673         (b) A minimum of a bachelor’s degree from an
  674  institutionally a regionally accredited college or university
  675  and a certificate in orthotics or prosthetics from a program
  676  recognized by the Commission on Accreditation of Allied Health
  677  Education Programs, or its equivalent, as determined by the
  678  board.
  679         (c) A minimum of a bachelor’s degree from an
  680  institutionally a regionally accredited college or university
  681  and a dual certificate in both orthotics and prosthetics from
  682  programs recognized by the Commission on Accreditation of Allied
  683  Health Education Programs, or its equivalent, as determined by
  684  the board.
  685         (4) The department may develop and administer a state
  686  examination for an orthotist or a prosthetist license, or the
  687  board may approve the existing examination of a national
  688  standards organization. The examination must be predicated on a
  689  minimum of a baccalaureate-level education and formalized
  690  specialized training in the appropriate field. Each examination
  691  must demonstrate a minimum level of competence in basic
  692  scientific knowledge, written problem solving, and practical
  693  clinical patient management. The board shall require an
  694  examination fee not to exceed the actual cost to the board in
  695  developing, administering, and approving the examination, which
  696  fee must be paid by the applicant. To be considered by the board
  697  for examination, the applicant must have:
  698         (a) For an examination in orthotics:
  699         1. A Bachelor of Science or higher-level postgraduate
  700  degree in orthotics and prosthetics from an institutionally a
  701  regionally accredited college or university recognized by the
  702  Commission on Accreditation of Allied Health Education Programs
  703  or, at a minimum, a bachelor’s degree from an institutionally a
  704  regionally accredited college or university and a certificate in
  705  orthotics from a program recognized by the Commission on
  706  Accreditation of Allied Health Education Programs, or its
  707  equivalent, as determined by the board; and
  708         2. An approved orthotics internship of 1 year of qualified
  709  experience, as determined by the board, or an orthotic residency
  710  or dual residency program recognized by the board.
  711         (b) For an examination in prosthetics:
  712         1. A Bachelor of Science or higher-level postgraduate
  713  degree in orthotics and prosthetics from an institutionally a
  714  regionally accredited college or university recognized by the
  715  Commission on Accreditation of Allied Health Education Programs
  716  or, at a minimum, a bachelor’s degree from an institutionally a
  717  regionally accredited college or university and a certificate in
  718  prosthetics from a program recognized by the Commission on
  719  Accreditation of Allied Health Education Programs, or its
  720  equivalent, as determined by the board; and
  721         2. An approved prosthetics internship of 1 year of
  722  qualified experience, as determined by the board, or a
  723  prosthetic residency or dual residency program recognized by the
  724  board.
  725         (5) In addition to the requirements in subsection (2), to
  726  be licensed as:
  727         (a) An orthotist, the applicant must pay a license fee not
  728  to exceed $500 and must have:
  729         1. A Bachelor of Science or higher-level postgraduate
  730  degree in Orthotics and Prosthetics from an institutionally a
  731  regionally accredited college or university recognized by the
  732  Commission on Accreditation of Allied Health Education Programs,
  733  or a bachelor’s degree from an institutionally accredited
  734  college or university and with a certificate in orthotics from a
  735  program recognized by the Commission on Accreditation of Allied
  736  Health Education Programs, or its equivalent, as determined by
  737  the board;
  738         2. An approved appropriate internship of 1 year of
  739  qualified experience, as determined by the board, or a residency
  740  program recognized by the board;
  741         3. Completed the mandatory courses; and
  742         4. Passed the state orthotics examination or the board
  743  approved orthotics examination.
  744         (b) A prosthetist, the applicant must pay a license fee not
  745  to exceed $500 and must have:
  746         1. A Bachelor of Science or higher-level postgraduate
  747  degree in Orthotics and Prosthetics from an institutionally a
  748  regionally accredited college or university recognized by the
  749  Commission on Accreditation of Allied Health Education Programs,
  750  or a bachelor’s degree from an institutionally accredited
  751  college or university and with a certificate in prosthetics from
  752  a program recognized by the Commission on Accreditation of
  753  Allied Health Education Programs, or its equivalent, as
  754  determined by the board;
  755         2. An internship of 1 year of qualified experience, as
  756  determined by the board, or a residency program recognized by
  757  the board;
  758         3. Completed the mandatory courses; and
  759         4. Passed the state prosthetics examination or the board
  760  approved prosthetics examination.
  761         Section 21. Subsection (7) is added to section 483.801,
  762  Florida Statutes, to read:
  763         483.801 Exemptions.—This part applies to all clinical
  764  laboratories and clinical laboratory personnel within this
  765  state, except:
  766         (7) A registered nurse licensed under chapter 464
  767  performing alternate-site testing within a hospital or hospital
  768  based off-campus emergency department licensed under chapter
  769  395.
  770  
  771  ================= T I T L E  A M E N D M E N T ================
  772  And the title is amended as follows:
  773         Delete lines 1917 - 2002
  774  and insert:
  775         medical services providers; amending s. 401.465, F.S.;
  776         defining the term “telecommunicator cardiopulmonary
  777         resuscitation training”; conforming cross-references;
  778         requiring certain 911 public safety telecommunicators
  779         to complete biennial telecommunicator cardiopulmonary
  780         resuscitation training; amending s. 408.033, F.S.;
  781         authorizing local health councils to collect
  782         utilization data from licensed hospitals within their
  783         respective local health council districts for a
  784         specified purpose; amending s. 456.47, F.S.; revising
  785         the prohibition on prescribing controlled substances
  786         through the use of telehealth to include only
  787         specified controlled substances; amending s. 460.406,
  788         F.S.; revising provisions related to chiropractic
  789         physician licensing; amending s. 464.008, F.S.;
  790         deleting a requirement that certain nursing program
  791         graduates complete a specified preparatory course;
  792         amending s. 464.018, F.S.; revising grounds for
  793         disciplinary action against licensed nurses; amending
  794         s. 465.1893, F.S.; providing additional long-acting
  795         medications that pharmacists may administer under
  796         certain circumstances; revising requirements for a
  797         continuing education course such pharmacists must
  798         complete; amending s. 466.028, F.S.; revising grounds
  799         for disciplinary action by the Board of Dentistry;
  800         amending s. 466.0285, F.S.; exempting certain
  801         specialty hospitals from prohibitions relating to the
  802         employment of dentists and dental hygienists and the
  803         control of dental equipment and materials by
  804         nondentists; exempting such hospitals from a
  805         prohibition on nondentists entering into certain
  806         agreements with dentists or dental hygienists; making
  807         technical changes; amending s. 467.003, F.S.; revising
  808         and defining terms; amending s. 467.009, F.S.;
  809         revising provisions related to approved midwifery
  810         programs; amending s. 467.011, F.S.; revising
  811         provisions relating to licensure of midwives; amending
  812         s. 467.0125, F.S.; revising provisions relating to
  813         licensure by endorsement of midwives; revising
  814         requirements for temporary certificates to practice
  815         midwifery in this state; amending s. 467.205, F.S.;
  816         revising provisions relating to approval, continued
  817         monitoring, probationary status, provisional approval,
  818         and approval rescission of midwifery programs;
  819         amending s. 468.803, F.S.; revising provisions related
  820         to orthotist and prosthetist registration,
  821         examination, and licensing; amending s. 483.801, F.S.;
  822         exempting certain