Florida Senate - 2021                      CS for CS for SB 1568
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senator Rodriguez
       
       
       
       
       576-04211-21                                          20211568c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.0045, F.S.; revising the purpose of the
    4         department’s targeted outreach program for certain
    5         pregnant women; requiring the department to encourage
    6         high-risk pregnant women of unknown status to be
    7         tested for sexually transmissible diseases; requiring
    8         the department to provide specified information to
    9         pregnant women who have human immunodeficiency virus
   10         (HIV); requiring the department to link women with
   11         mental health services when available; requiring the
   12         department to educate pregnant women who have HIV on
   13         certain information; requiring the department to
   14         provide, for a specified purpose, continued oversight
   15         of newborns exposed to HIV; amending s. 381.0061,
   16         F.S., as amended by s. 41 of chapter 2020-150, Laws of
   17         Florida; revising provisions related to administrative
   18         fines for violations relating to onsite sewage
   19         treatment and disposal systems and septic tank
   20         contracting; creating s. 381.00635, F.S.; transferring
   21         provisions from s. 381.0067, F.S., relating to
   22         corrective orders for private and certain public water
   23         systems; amending s. 381.0067, F.S.; conforming
   24         provisions to changes made by the act; amending s.
   25         381.0101, F.S.; revising certification requirements
   26         for persons performing evaluations of onsite sewage
   27         treatment and disposal systems; making technical
   28         changes; creating s. 395.3042, F.S.; requiring the
   29         department to send a list of certain providers of
   30         adult cardiovascular services to the medical directors
   31         of licensed emergency medical services providers by a
   32         specified date each year; requiring the department to
   33         develop a sample heart attack-triage assessment tool;
   34         requiring the department to post the sample assessment
   35         tool on its website and provide a copy of it to all
   36         licensed emergency medical services providers;
   37         requiring such providers to use an assessment tool
   38         substantially similar to the one developed by the
   39         department; requiring the medical director of each
   40         licensed emergency medical services provider to
   41         develop and implement certain protocols for heart
   42         attack patients; providing requirements for such
   43         protocols; requiring licensed emergency medical
   44         services providers to comply with certain provisions;
   45         amending s. 401.465, F.S.; defining the term
   46         “telecommunicator cardiopulmonary resuscitation
   47         training”; requiring certain 911 public safety
   48         telecommunicators to receive biannual telecommunicator
   49         cardiopulmonary resuscitation training; amending s.
   50         408.033, F.S.; authorizing local health councils to
   51         collect utilization data from licensed hospitals
   52         within their respective local health council districts
   53         for a specified purpose; amending s. 456.47, F.S.;
   54         authorizing telehealth providers to prescribe
   55         specified controlled substances through telehealth
   56         under certain circumstances; amending s. 460.406,
   57         F.S.; revising provisions related to chiropractic
   58         physician licensing; amending s. 464.008, F.S.;
   59         deleting a requirement that certain nursing program
   60         graduates complete a specified preparatory course;
   61         amending s. 464.018, F.S.; revising grounds for
   62         disciplinary action against licensed nurses; amending
   63         s. 465.1893, F.S.; providing additional long-acting
   64         medications that pharmacists may administer under
   65         certain circumstances; revising requirements for a
   66         continuing education course such pharmacists must
   67         complete; amending s. 466.028, F.S.; revising grounds
   68         for disciplinary action by the Board of Dentistry;
   69         amending s. 466.0285, F.S.; exempting certain
   70         specialty hospitals from prohibitions relating to the
   71         employment of dentists and dental hygienists and the
   72         control of dental equipment and materials by
   73         nondentists; exempting such hospitals from a
   74         prohibition on nondentists entering into certain
   75         agreements with dentists or dental hygienists; making
   76         technical changes; amending s. 467.003, F.S.; revising
   77         and defining terms; amending s. 467.009, F.S.;
   78         revising provisions related to approved midwifery
   79         programs; amending s. 467.011, F.S.; revising
   80         provisions relating to licensure of midwives; amending
   81         s. 467.0125, F.S.; revising provisions relating to
   82         licensure by endorsement of midwives; revising
   83         requirements for temporary certificates to practice
   84         midwifery in this state; amending s. 467.205, F.S.;
   85         revising provisions relating to approval, continued
   86         monitoring, probationary status, provisional approval,
   87         and approval rescission of midwifery programs;
   88         amending s. 468.803, F.S.; revising provisions related
   89         to orthotist and prosthetist registration,
   90         examination, and licensing; amending s. 483.801, F.S.;
   91         exempting certain persons from clinical laboratory
   92         personnel regulations; amending s. 483.824, F.S.;
   93         revising educational requirements for clinical
   94         laboratory directors; amending s. 490.003, F.S.;
   95         defining the terms “doctoral degree from an American
   96         Psychological Association accredited program” and
   97         “doctoral degree in psychology”; amending ss. 490.005
   98         and 490.0051, F.S.; revising education requirements
   99         for psychologist licensing and provisional licensing,
  100         respectively; amending s. 491.005, F.S.; revising
  101         licensing requirements for clinical social workers,
  102         marriage and family therapists, and mental health
  103         counselors; providing an effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Subsections (2) and (3) of section 381.0045,
  108  Florida Statutes, are amended to read:
  109         381.0045 Targeted outreach for pregnant women.—
  110         (2) It is the purpose of this section to establish a
  111  targeted outreach program for high-risk pregnant women who may
  112  not seek proper prenatal care, who suffer from substance abuse
  113  or mental health problems, or who have are infected with human
  114  immunodeficiency virus (HIV), and to provide these women with
  115  links to much needed services and information.
  116         (3) The department shall:
  117         (a) Conduct outreach programs through contracts with,
  118  grants to, or other working relationships with persons or
  119  entities where the target population is likely to be found.
  120         (b) Provide outreach that is peer-based, culturally
  121  sensitive, and performed in a nonjudgmental manner.
  122         (c) Encourage high-risk pregnant women of unknown status to
  123  be tested for HIV and other sexually transmissible diseases as
  124  specified by department rule.
  125         (d) Educate women not receiving prenatal care as to the
  126  benefits of such care.
  127         (e) Provide HIV-infected pregnant women who have HIV with
  128  information on the need for antiretroviral medication for their
  129  newborn, their medication options, and how they can access the
  130  medication after their discharge from the hospital so they can
  131  make an informed decision about the use of Zidovudine (AZT).
  132         (f) Link women with substance abuse treatment and mental
  133  health services, when available, and act as a liaison with
  134  Healthy Start coalitions, children’s medical services, Ryan
  135  White-funded providers, and other services of the Department of
  136  Health.
  137         (g) Educate pregnant women who have HIV on the importance
  138  of engaging in and continuing HIV care.
  139         (h) Provide continued oversight of to HIV-exposed newborns
  140  exposed to HIV to determine the newborn’s final HIV status and
  141  ensure continued linkage to care if the newborn is diagnosed
  142  with HIV.
  143         Section 2. Subsection (1) of section 381.0061, Florida
  144  Statutes, as amended by section 41 of chapter 2020-150, Laws of
  145  Florida, is amended to read:
  146         381.0061 Administrative fines.—
  147         (1) In addition to any administrative action authorized by
  148  chapter 120 or by other law, the department may impose a fine,
  149  which may not exceed $500 for each violation, for a violation of
  150  s. 381.006(15), s. 381.0065, s. 381.0066, s. 381.0072, or part
  151  III of chapter 489, for a violation of any rule adopted under
  152  this chapter, or for a violation of chapter 386. Notice of
  153  intent to impose such fine shall be given by the department to
  154  the alleged violator. Each day that a violation continues may
  155  constitute a separate violation.
  156         Section 3. Section 381.00635, Florida Statutes, is created
  157  to read:
  158         381.00635 Corrective orders; private and certain public
  159  water systems.—When the department or its agents, through
  160  investigation, find that any private water system or public
  161  water system not covered or included in the Florida Safe
  162  Drinking Water Act, part VI of chapter 403, constitutes a
  163  nuisance or menace to the public health or significantly
  164  degrades the groundwater or surface water, the department or its
  165  agents may issue an order requiring the owner to correct the
  166  improper condition.
  167         Section 4. Section 381.0067, Florida Statutes, is amended
  168  to read:
  169         381.0067 Corrective orders; private and certain public
  170  water systems and onsite sewage treatment and disposal systems.
  171  When the department or its agents, through investigation, find
  172  that any private water system, public water system not covered
  173  or included in the Florida Safe Drinking Water Act (part VI of
  174  chapter 403), or onsite sewage treatment and disposal system
  175  constitutes a nuisance or menace to the public health or
  176  significantly degrades the groundwater or surface water, the
  177  department or its agents may issue an order requiring the owner
  178  to correct the improper condition. If the improper condition
  179  relates to the drainfield of an onsite sewage treatment and
  180  disposal system, the department or its agents may issue an order
  181  requiring the owner to repair or replace the drainfield. If an
  182  onsite sewage treatment and disposal system has failed, the
  183  department or its agents shall issue an order requiring the
  184  owner to replace the system. For purposes of this section, an
  185  onsite sewage treatment and disposal system has failed if the
  186  operation of the system constitutes a nuisance or menace to the
  187  public health or significantly degrades the groundwater or
  188  surface water and the system cannot be repaired.
  189         Section 5. Subsections (2) and (4) of section 381.0101,
  190  Florida Statutes, are amended to read:
  191         381.0101 Environmental health professionals.—
  192         (2) CERTIFICATION REQUIRED.—A person may not perform
  193  environmental health or sanitary evaluations in any primary
  194  program area of environmental health or an onsite sewage
  195  treatment and disposal program under ss. 381.0065 and 381.00651
  196  without being certified by the department as competent to
  197  perform such evaluations. This section does not apply to:
  198         (a) Persons performing inspections of public food service
  199  establishments licensed under chapter 509; or
  200         (b) Persons performing site evaluations in order to
  201  determine proper placement and installation of onsite sewage
  202  wastewater treatment and disposal systems who have successfully
  203  completed a department-approved soils morphology course and who
  204  are working under the direct responsible charge of an engineer
  205  licensed under chapter 471.
  206         (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
  207  rules that establish definitions of terms and minimum standards
  208  of education, training, or experience for those persons subject
  209  to this section. The rules must also address the process for
  210  application, examination, issuance, expiration, and renewal of
  211  certification and ethical standards of practice for the
  212  profession.
  213         (a) Persons employed as environmental health professionals
  214  shall exhibit a knowledge of rules and principles of
  215  environmental and public health law in Florida through
  216  examination. A person may not conduct environmental health
  217  evaluations in a primary program area or an onsite sewage
  218  treatment and disposal program under ss. 381.0065 and 381.00651
  219  unless he or she is currently certified in that program area or
  220  works under the direct supervision of a certified environmental
  221  health professional.
  222         1. All persons who begin employment in a primary
  223  environmental health program or an onsite sewage treatment and
  224  disposal system program on or after September 21, 1994, must be
  225  certified in that program within 6 months after employment.
  226         2. Persons employed in the primary environmental health
  227  program of a food protection program or an onsite sewage
  228  treatment and disposal system program before prior to September
  229  21, 1994, are shall be considered certified while employed in
  230  that position and are shall be required to adhere to any
  231  professional standards established by the department pursuant to
  232  paragraph (b), complete any continuing education requirements
  233  imposed under paragraph (d), and pay the certificate renewal fee
  234  imposed under subsection (6).
  235         3. Persons employed in the primary environmental health
  236  program of a food protection program or an onsite sewage
  237  treatment and disposal system program before prior to September
  238  21, 1994, who change positions or program areas and transfer
  239  into another primary environmental health program area on or
  240  after September 21, 1994, must be certified in that program
  241  within 6 months after such transfer, except that they are will
  242  not be required to possess the college degree required under
  243  paragraph (e).
  244         4. Registered sanitarians are shall be considered certified
  245  and are shall be required to adhere to any professional
  246  standards established by the department pursuant to paragraph
  247  (b).
  248         (b) At a minimum, the department shall establish standards
  249  for professionals in the areas of food hygiene and onsite sewage
  250  treatment and disposal.
  251         (c) Those persons conducting primary environmental health
  252  evaluations or evaluations of onsite sewage treatment and
  253  disposal systems must shall be certified by examination to be
  254  knowledgeable in any primary area of environmental health in
  255  which they are routinely assigned duties.
  256         (d) Persons who are certified shall renew their
  257  certification biennially by completing a minimum of not less
  258  than 24 contact hours of continuing education for each program
  259  area in which they maintain certification, subject to a maximum
  260  of 48 hours for multiprogram certification.
  261         (e) Applicants for certification must shall have graduated
  262  from an accredited 4-year college or university with a degree or
  263  major coursework in public health, environmental health,
  264  environmental science, or a physical or biological science.
  265         (f) A certificateholder must shall notify the department
  266  within 60 days after any change of name or address from that
  267  which appears on the current certificate.
  268         Section 6. Section 395.3042, Florida Statutes, is created
  269  to read:
  270         395.3042 Emergency medical services providers; triage and
  271  transportation of heart attack victims to an adult
  272  cardiovascular services provider.—
  273         (1) By June 1 of each year, the department shall send a
  274  list of providers of Level I and Level II adult cardiovascular
  275  services to the medical director of each licensed emergency
  276  medical services provider in this state.
  277         (2) The department shall develop a sample heart attack
  278  triage assessment tool. The department shall post this sample
  279  assessment tool on its website and provide a copy of the
  280  assessment tool to each licensed emergency medical services
  281  provider. Each licensed emergency medical services provider
  282  shall use a heart attack-triage assessment tool that is
  283  substantially similar to the sample heart attack-triage
  284  assessment tool provided by the department.
  285         (3) The medical director of each licensed emergency medical
  286  services provider shall develop and implement assessment,
  287  treatment, and transport-destination protocols for heart attack
  288  patients with the intent to assess, treat, and transport heart
  289  attack patients to the most appropriate hospital. Such protocols
  290  must include the development and implementation of plans for the
  291  triage and transport of patients with acute heart attack
  292  symptoms.
  293         (4) Each emergency medical services provider licensed under
  294  chapter 401 must comply with this section.
  295         Section 7. Present subsections (3) and (4) of section
  296  401.465, Florida Statutes, are redesignated as subsections (4)
  297  and (5), respectively, paragraph (d) is added to subsection (1)
  298  and a new subsection (3) is added to that section, and
  299  paragraphs (d) and (j) of subsection (2) of that section are
  300  amended, to read:
  301         401.465 911 public safety telecommunicator certification.—
  302         (1) DEFINITIONS.—As used in this section, the term:
  303         (d) “Telecommunicator cardiopulmonary resuscitation
  304  training” means specific training, including continuous
  305  education, that is evidence based and contains nationally
  306  accepted guidelines for high-quality telecommunicator
  307  cardiopulmonary resuscitation with the recognition of out-of
  308  hospital cardiac arrest over the telephone and the delivery of
  309  telephonic instructions for treating cardiac arrest and
  310  performing compression-only cardiopulmonary resuscitation.
  311         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
  312         (d) The department shall determine whether the applicant
  313  meets the requirements specified in this section and in rules of
  314  the department and shall issue a certificate to any person who
  315  meets such requirements. Such requirements must include the
  316  following:
  317         1. Completion of an appropriate 911 public safety
  318  telecommunication training program;
  319         2. Certification under oath that the applicant is not
  320  addicted to alcohol or any controlled substance;
  321         3. Certification under oath that the applicant is free from
  322  any physical or mental defect or disease that might impair the
  323  applicant’s ability to perform his or her duties;
  324         4. Submission of the application fee prescribed in
  325  subsection (4) (3);
  326         5. Submission of a completed application to the department
  327  which indicates compliance with subparagraphs 1., 2., and 3.;
  328  and
  329         6. Effective October 1, 2012, passage of an examination
  330  approved by the department which measures the applicant’s
  331  competency and proficiency in the subject material of the public
  332  safety telecommunication training program.
  333         (j)1. The requirement for certification as a 911 public
  334  safety telecommunicator is waived for a person employed as a
  335  sworn state-certified law enforcement officer, provided the
  336  officer:
  337         a. Is selected by his or her chief executive to perform as
  338  a 911 public safety telecommunicator;
  339         b. Performs as a 911 public safety telecommunicator on an
  340  occasional or limited basis; and
  341         c. Passes the department-approved examination that measures
  342  the competency and proficiency of an applicant in the subject
  343  material comprising the public safety telecommunication program.
  344         2. A sworn state-certified law enforcement officer who
  345  fails an examination taken under subparagraph 1. must take a
  346  department-approved public safety telecommunication training
  347  program prior to retaking the examination.
  348         3. The testing required under this paragraph is exempt from
  349  the examination fee required under subsection (4) (3).
  350         (3) TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION
  351  TRAINING.—In addition to the certification and recertification
  352  requirements imposed by this section, 911 public safety
  353  telecommunicators who take telephone calls and provide dispatch
  354  functions for emergency medical conditions also shall receive
  355  telecommunicator cardiopulmonary resuscitation training every 2
  356  years.
  357         Section 8. Paragraph (h) is added to subsection (1) of
  358  section 408.033, Florida Statutes, to read:
  359         408.033 Local and state health planning.—
  360         (1) LOCAL HEALTH COUNCILS.—
  361         (h) For the purpose of performing their duties under this
  362  section, local health councils may collect utilization data from
  363  each hospital licensed under chapter 395 which is located within
  364  their respective local health council districts.
  365         Section 9. Paragraph (c) of subsection (2) of section
  366  456.47, Florida Statutes, is amended to read:
  367         456.47 Use of telehealth to provide services.—
  368         (2) PRACTICE STANDARDS.—
  369         (c) A telehealth provider, acting within the scope of his
  370  or her practice and in accordance with chapter 893, may not use
  371  telehealth to prescribe a controlled substance listed in
  372  Schedule III, Schedule IV, or Schedule V of s. 893.03 and may
  373  use telehealth to prescribe a controlled substance listed in
  374  Schedule II of s. 893.03 if unless the controlled substance is
  375  prescribed for the following:
  376         1. The treatment of a psychiatric disorder;
  377         2. Inpatient treatment at a hospital licensed under chapter
  378  395;
  379         3. The treatment of a patient receiving hospice services as
  380  defined in s. 400.601; or
  381         4. The treatment of a resident of a nursing home facility
  382  as defined in s. 400.021; or
  383         5. The treatment of a postoperative patients acute pain
  384  resulting from surgery within 14 days after the surgery has been
  385  performed, in accordance with the prescription supply
  386  requirements of s. 456.44(5).
  387         Section 10. Subsection (1) of section 460.406, Florida
  388  Statutes, is amended to read:
  389         460.406 Licensure by examination.—
  390         (1) Any person desiring to be licensed as a chiropractic
  391  physician must apply to the department to take the licensure
  392  examination. There shall be an application fee set by the board
  393  not to exceed $100 which shall be nonrefundable. There shall
  394  also be an examination fee not to exceed $500 plus the actual
  395  per applicant cost to the department for purchase of portions of
  396  the examination from the National Board of Chiropractic
  397  Examiners or a similar national organization, which may be
  398  refundable if the applicant is found ineligible to take the
  399  examination. The department shall examine each applicant who the
  400  board certifies has met all of the following criteria:
  401         (a) Completed the application form and remitted the
  402  appropriate fee.
  403         (b) Submitted proof satisfactory to the department that he
  404  or she is not less than 18 years of age.
  405         (c) Submitted proof satisfactory to the department that he
  406  or she is a graduate of a chiropractic college which is
  407  accredited by or has status with the Council on Chiropractic
  408  Education or its predecessor agency. However, any applicant who
  409  is a graduate of a chiropractic college that was initially
  410  accredited by the Council on Chiropractic Education in 1995, who
  411  graduated from such college within the 4 years immediately
  412  preceding such accreditation, and who is otherwise qualified is
  413  shall be eligible to take the examination. An No application for
  414  a license to practice chiropractic medicine may not shall be
  415  denied solely because the applicant is a graduate of a
  416  chiropractic college that subscribes to one philosophy of
  417  chiropractic medicine as distinguished from another.
  418         (d)1. For an applicant who has matriculated in a
  419  chiropractic college before prior to July 2, 1990, completed at
  420  least 2 years of residence college work, consisting of a minimum
  421  of one-half the work acceptable for a bachelor’s degree granted
  422  on the basis of a 4-year period of study, in a college or
  423  university accredited by an institutional accrediting agency
  424  recognized and approved by the United States Department of
  425  Education. However, before prior to being certified by the board
  426  to sit for the examination, each applicant who has matriculated
  427  in a chiropractic college after July 1, 1990, must shall have
  428  been granted a bachelor’s degree, based upon 4 academic years of
  429  study, by a college or university accredited by an institutional
  430  a regional accrediting agency which is a member of the
  431  Commission on Recognition of Postsecondary Accreditation.
  432         2. Effective July 1, 2000, completed, before prior to
  433  matriculation in a chiropractic college, at least 3 years of
  434  residence college work, consisting of a minimum of 90 semester
  435  hours leading to a bachelor’s degree in a liberal arts college
  436  or university accredited by an institutional accrediting agency
  437  recognized and approved by the United States Department of
  438  Education. However, before prior to being certified by the board
  439  to sit for the examination, each applicant who has matriculated
  440  in a chiropractic college after July 1, 2000, must shall have
  441  been granted a bachelor’s degree from an institution holding
  442  accreditation for that degree from an institutional a regional
  443  accrediting agency which is recognized by the United States
  444  Department of Education. The applicant’s chiropractic degree
  445  must consist of credits earned in the chiropractic program and
  446  may not include academic credit for courses from the bachelor’s
  447  degree.
  448         (e) Successfully completed the National Board of
  449  Chiropractic Examiners certification examination in parts I, II,
  450  III, and IV, and the physiotherapy examination of the National
  451  Board of Chiropractic Examiners, with a score approved by the
  452  board.
  453         (f) Submitted to the department a set of fingerprints on a
  454  form and under procedures specified by the department, along
  455  with payment in an amount equal to the costs incurred by the
  456  Department of Health for the criminal background check of the
  457  applicant.
  458  
  459  The board may require an applicant who graduated from an
  460  institution accredited by the Council on Chiropractic Education
  461  more than 10 years before the date of application to the board
  462  to take the National Board of Chiropractic Examiners Special
  463  Purposes Examination for Chiropractic, or its equivalent, as
  464  determined by the board. The board shall establish by rule a
  465  passing score.
  466         Section 11. Subsection (4) of section 464.008, Florida
  467  Statutes, is amended to read:
  468         464.008 Licensure by examination.—
  469         (4) If an applicant who graduates from an approved program
  470  does not take the licensure examination within 6 months after
  471  graduation, he or she must enroll in and successfully complete a
  472  board-approved licensure examination preparatory course. The
  473  applicant is responsible for all costs associated with the
  474  course and may not use state or federal financial aid for such
  475  costs. The board shall by rule establish guidelines for
  476  licensure examination preparatory courses.
  477         Section 12. Paragraph (e) of subsection (1) of section
  478  464.018, Florida Statutes, is amended to read:
  479         464.018 Disciplinary actions.—
  480         (1) The following acts constitute grounds for denial of a
  481  license or disciplinary action, as specified in ss. 456.072(2)
  482  and 464.0095:
  483         (e) Having been found guilty of, regardless of
  484  adjudication, or entered a plea of nolo contendere or guilty to,
  485  regardless of adjudication, any offense prohibited under s.
  486  435.04 or similar statute of another jurisdiction; or having
  487  committed an act which constitutes domestic violence as defined
  488  in s. 741.28.
  489         Section 13. Section 465.1893, Florida Statutes, is amended
  490  to read:
  491         465.1893 Administration of long-acting antipsychotic
  492  medication by injection.—
  493         (1)(a) A pharmacist, at the direction of a physician
  494  licensed under chapter 458 or chapter 459, may administer a
  495  long-acting antipsychotic medication or an extended-release
  496  medication indicated to treat opioid use disorder, alcohol use
  497  disorder, or other substance use disorders or dependencies,
  498  including, but not limited to, buprenorphine, naltrexone, or
  499  other medications that have been approved by the United States
  500  Food and Drug Administration by injection to a patient if the
  501  pharmacist:
  502         1. Is authorized by and acting within the framework of an
  503  established protocol with the prescribing physician.
  504         2. Practices at a facility that accommodates privacy for
  505  nondeltoid injections and conforms with state rules and
  506  regulations regarding the appropriate and safe disposal of
  507  medication and medical waste.
  508         3. Has completed the course required under subsection (2).
  509         (b) A separate prescription from a physician is required
  510  for each injection administered by a pharmacist under this
  511  subsection.
  512         (2)(a) A pharmacist seeking to administer a long-acting
  513  antipsychotic medication described in paragraph (1)(a) by
  514  injection must complete an 8-hour continuing education course
  515  offered by:
  516         1. A statewide professional association of physicians in
  517  this state accredited to provide educational activities
  518  designated for the American Medical Association Physician’s
  519  Recognition Award (AMA PRA) Category 1 Credit or the American
  520  Osteopathic Association (AOA) Category 1-A continuing medical
  521  education (CME) credit; and
  522         2. A statewide association of pharmacists.
  523         (b) The course may be offered in a distance learning format
  524  and must be included in the 30 hours of continuing professional
  525  pharmaceutical education required under s. 465.009(1). The
  526  course shall have a curriculum of instruction that concerns the
  527  safe and effective administration of behavioral health,
  528  addiction, and antipsychotic medications by injection,
  529  including, but not limited to, potential allergic reactions to
  530  such medications.
  531         Section 14. Paragraph (h) of subsection (1) of section
  532  466.028, Florida Statutes, is amended to read:
  533         466.028 Grounds for disciplinary action; action by the
  534  board.—
  535         (1) The following acts constitute grounds for denial of a
  536  license or disciplinary action, as specified in s. 456.072(2):
  537         (h) Being employed by any corporation, organization, group,
  538  or person other than a dentist, a hospital, or a professional
  539  corporation or limited liability company composed of dentists to
  540  practice dentistry.
  541         Section 15. Section 466.0285, Florida Statutes, is amended
  542  to read:
  543         466.0285 Proprietorship by nondentists.—
  544         (1) A person or an entity No person other than a dentist
  545  licensed under pursuant to this chapter, a specialty-licensed
  546  children’s hospital licensed under chapter 395 as of January 1,
  547  2021, or nor any entity other than a professional corporation or
  548  limited liability company composed of dentists, may not:
  549         (a) Employ a dentist or dental hygienist in the operation
  550  of a dental office.
  551         (b) Control the use of any dental equipment or material
  552  while such equipment or material is being used for the provision
  553  of dental services, whether those services are provided by a
  554  dentist, a dental hygienist, or a dental assistant.
  555         (c) Direct, control, or interfere with a dentist’s clinical
  556  judgment. To direct, control, or interfere with a dentist’s
  557  clinical judgment does not mean may not be interpreted to mean
  558  dental services contractually excluded, the application of
  559  alternative benefits that may be appropriate given the dentist’s
  560  prescribed course of treatment, or the application of
  561  contractual provisions and scope of coverage determinations in
  562  comparison with a dentist’s prescribed treatment on behalf of a
  563  covered person by an insurer, health maintenance organization,
  564  or a prepaid limited health service organization.
  565  
  566  Any lease agreement, rental agreement, or other arrangement
  567  between a nondentist and a dentist whereby the nondentist
  568  provides the dentist with dental equipment or dental materials
  569  must shall contain a provision whereby the dentist expressly
  570  maintains complete care, custody, and control of the equipment
  571  or practice.
  572         (2) The purpose of this section is to prevent a nondentist
  573  from influencing or otherwise interfering with the exercise of a
  574  dentist’s independent professional judgment. In addition to the
  575  acts specified in subsection (1), a no person or an entity that
  576  who is not a dentist licensed under pursuant to this chapter, a
  577  specialty-licensed children’s hospital licensed under chapter
  578  395 as of January 1, 2021, or nor any entity that is not a
  579  professional corporation or limited liability company composed
  580  of dentists may not shall enter into a relationship with a
  581  licensee pursuant to which such unlicensed person or such entity
  582  exercises control over any of the following:
  583         (a) The selection of a course of treatment for a patient,
  584  the procedures or materials to be used as part of such course of
  585  treatment, and the manner in which such course of treatment is
  586  carried out by the licensee.;
  587         (b) The patient records of a dentist.;
  588         (c) Policies and decisions relating to pricing, credit,
  589  refunds, warranties, and advertising.; and
  590         (d) Decisions relating to office personnel and hours of
  591  practice.
  592         (3) Any person who violates this section commits a felony
  593  of the third degree, punishable as provided in s. 775.082, s.
  594  775.083, or s. 775.084.
  595         (4) Any contract or arrangement entered into or undertaken
  596  in violation of this section is shall be void as contrary to
  597  public policy. This section applies to contracts entered into or
  598  renewed on or after October 1, 1997.
  599         Section 16. Present subsections (13) and (14) of section
  600  467.003, Florida Statutes, are redesignated as subsections (14)
  601  and (15), respectively, a new subsection (13) is added to that
  602  section, and subsections (1) and (12) of that section are
  603  amended, to read:
  604         467.003 Definitions.—As used in this chapter, unless the
  605  context otherwise requires:
  606         (1) “Approved midwifery program” means a midwifery school
  607  or a midwifery training program that which is approved by the
  608  department pursuant to s. 467.205.
  609         (12) “Preceptor” means a physician licensed under chapter
  610  458 or chapter 459, a licensed midwife licensed under this
  611  chapter, or a certified nurse midwife licensed under chapter
  612  464, who has a minimum of 3 years’ professional experience, and
  613  who directs, teaches, supervises, and evaluates the learning
  614  experiences of a the student midwife as part of an approved
  615  midwifery program.
  616         (13)“Prelicensure course” means a course of study, offered
  617  by an approved midwifery program and approved by the department,
  618  which an applicant for licensure must complete before a license
  619  may be issued and which provides instruction in the laws and
  620  rules of this state and demonstrates the student’s competency to
  621  practice midwifery under this chapter.
  622         Section 17. Section 467.009, Florida Statutes, is amended
  623  to read:
  624         467.009 Approved midwifery programs; education and training
  625  requirements.—
  626         (1) The department shall adopt standards for approved
  627  midwifery programs which must include, but need not be limited
  628  to, standards for all of the following:
  629         (a). The standards shall encompass Clinical and classroom
  630  instruction in all aspects of prenatal, intrapartal, and
  631  postpartal care, including all of the following:
  632         1. Obstetrics.;
  633         2. Neonatal pediatrics.;
  634         3. Basic sciences.;
  635         4. Female reproductive anatomy and physiology.;
  636         5. Behavioral sciences.;
  637         6. Childbirth education.;
  638         7. Community care.;
  639         8. Epidemiology.;
  640         9. Genetics.;
  641         10. Embryology.;
  642         11. Neonatology.;
  643         12. Applied pharmacology.;
  644         13. The medical and legal aspects of midwifery.;
  645         14. Gynecology and women’s health.;
  646         15. Family planning.;
  647         16. Nutrition during pregnancy and lactation.;
  648         17. Breastfeeding.; and
  649         18. Basic nursing skills; and any other instruction
  650  determined by the department and council to be necessary.
  651         (b)The standards shall incorporate the Core competencies,
  652  incorporating those established by the American College of Nurse
  653  Midwives and the Midwives Alliance of North America, including
  654  knowledge, skills, and professional behavior in all of the
  655  following areas:
  656         1. Primary management, collaborative management, referral,
  657  and medical consultation.;
  658         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  659         3. Family planning and gynecological care.;
  660         4. Common complications.; and
  661         5. Professional responsibilities.
  662         (c)Noncurricular The standards shall include noncurriculum
  663  matters under this section, including, but not limited to,
  664  staffing and teacher qualifications.
  665         (2) An approved midwifery program must offer shall include
  666  a course of study and clinical training for a minimum of 3 years
  667  which incorporates all of the standards, curriculum guidelines,
  668  and educational objectives provided in this section and the
  669  rules adopted hereunder.
  670         (3)An approved midwifery program may reduce If the
  671  applicant is a registered nurse or a licensed practical nurse or
  672  has previous nursing or midwifery education, the required period
  673  of training may be reduced to the extent of the student’s
  674  applicant’s qualifications as a registered nurse or licensed
  675  practical nurse or based on prior completion of equivalent
  676  nursing or midwifery education, as determined under rules
  677  adopted by the department rule. In no case shall the training be
  678  reduced to a period of less than 2 years.
  679         (4)(3)An approved midwifery program may accept students
  680  who To be accepted into an approved midwifery program, an
  681  applicant shall have both:
  682         (a) A high school diploma or its equivalent.
  683         (b) Taken three college-level credits each of math and
  684  English or demonstrated competencies in communication and
  685  computation.
  686         (5)(4)As part of its course of study, an approved
  687  midwifery program must require clinical training that includes
  688  all of the following:
  689         (a)A student midwife, during training, shall undertake,
  690  under the supervision of a preceptor, The care of 50 women in
  691  each of the prenatal, intrapartal, and postpartal periods under
  692  the supervision of a preceptor., but The same women need not be
  693  seen through all three periods.
  694         (b)(5)Observation of The student midwife shall observe an
  695  additional 25 women in the intrapartal period before qualifying
  696  for a license.
  697         (6) Clinical The training required under this section must
  698  include all of the following:
  699         (a)shall include Training in either hospitals, or
  700  alternative birth settings, or both.
  701         (b)A requirement that students demonstrate competency in
  702  the assessment of and differentiation, with particular emphasis
  703  on learning the ability to differentiate between low-risk
  704  pregnancies and high-risk pregnancies.
  705         (7) A hospital or birthing center receiving public funds
  706  shall be required to provide student midwives access to observe
  707  labor, delivery, and postpartal procedures, provided the woman
  708  in labor has given informed consent. The Department of Health
  709  shall assist in facilitating access to hospital training for
  710  approved midwifery programs.
  711         (8)(7) The Department of Education shall adopt curricular
  712  frameworks for midwifery programs conducted within public
  713  educational institutions under pursuant to this section.
  714         (8) Nonpublic educational institutions that conduct
  715  approved midwifery programs shall be accredited by a member of
  716  the Commission on Recognition of Postsecondary Accreditation and
  717  shall be licensed by the Commission for Independent Education.
  718         Section 18. Section 467.011, Florida Statutes, is amended
  719  to read:
  720         467.011 Licensed midwives; qualifications; examination
  721  Licensure by examination.—
  722         (1) The department shall administer an examination to test
  723  the proficiency of applicants in the core competencies required
  724  to practice midwifery as specified in s. 467.009.
  725         (2) The department shall develop, publish, and make
  726  available to interested parties at a reasonable cost a
  727  bibliography and guide for the examination.
  728         (3) The department shall issue a license to practice
  729  midwifery to an applicant who meets all of the following
  730  criteria:
  731         (1)Demonstrates that he or she has graduated from one of
  732  the following:
  733         (a) An approved midwifery program.
  734         (b)A medical or midwifery program offered in another
  735  state, jurisdiction, territory, or country whose graduation
  736  requirements were equivalent to or exceeded those required by s.
  737  467.009 and the rules adopted thereunder at the time of
  738  graduation.
  739         (2)Demonstrates that he or she has and successfully
  740  completed a prelicensure course offered by an approved midwifery
  741  program. Students graduating from an approved midwifery program
  742  may meet this requirement by showing that the content
  743  requirements for the prelicensure course were covered as part of
  744  their course of study.
  745         (3)Submits an application for licensure on a form approved
  746  by the department and pays the appropriate fee.
  747         (4)Demonstrates that he or she has received a passing
  748  score on an the examination specified by the department, upon
  749  payment of the required licensure fee.
  750         Section 19. Section 467.0125, Florida Statutes, is amended
  751  to read:
  752         467.0125 Licensed midwives; qualifications; Licensure by
  753  endorsement; temporary certificates.—
  754         (1) The department shall issue a license by endorsement to
  755  practice midwifery to an applicant who, upon applying to the
  756  department, demonstrates to the department that she or he meets
  757  all of the following criteria:
  758         (a)1. Holds a valid certificate or diploma from a foreign
  759  institution of medicine or midwifery or from a midwifery program
  760  offered in another state, bearing the seal of the institution or
  761  otherwise authenticated, which renders the individual eligible
  762  to practice midwifery in the country or state in which it was
  763  issued, provided the requirements therefor are deemed by the
  764  department to be substantially equivalent to, or to exceed,
  765  those established under this chapter and rules adopted under
  766  this chapter, and submits therewith a certified translation of
  767  the foreign certificate or diploma; or
  768         2. Holds an active, unencumbered a valid certificate or
  769  license to practice midwifery in another state, jurisdiction, or
  770  territory issued by that state, provided the licensing
  771  requirements of that state, jurisdiction, or territory at the
  772  time the license was issued were therefor are deemed by the
  773  department to be substantially equivalent to, or exceeded to
  774  exceed, those established under this chapter and the rules
  775  adopted thereunder under this chapter.
  776         (b) Has successfully completed a 4-month prelicensure
  777  course conducted by an approved midwifery program and has
  778  submitted documentation to the department of successful
  779  completion.
  780         (c) Submits an application for licensure on a form approved
  781  by the department and pays the appropriate fee Has successfully
  782  passed the licensed midwifery examination.
  783         (2) The department may issue a temporary certificate to
  784  practice in areas of critical need to an applicant any midwife
  785  who is qualifying for a midwifery license licensure by
  786  endorsement under subsection (1) who meets all of the following
  787  criteria, with the following restrictions:
  788         (a) Submits an application for a temporary certificate on a
  789  form approved by the department and pays the appropriate fee,
  790  which may not exceed $50 and is in addition to the fee required
  791  for licensure by endorsement under subsection (1);
  792         (b)Specifies on the application that he or she will The
  793  Department of Health shall determine the areas of critical need,
  794  and the midwife so certified shall practice only in one or more
  795  of the following locations:
  796         1.A county health department;
  797         2.A correctional facility;
  798         3.A Department of Veterans’ Affairs clinic;
  799         4.A community health center funded by s. 329, s. 330, or
  800  s. 340 of the United States Public Health Service Act; or
  801         5.Any other agency or institution that is approved by the
  802  State Surgeon General and provides health care to meet the needs
  803  of an underserved population in this state; and those specific
  804  areas,
  805         (c)Will practice only under the supervision auspices of a
  806  physician licensed under pursuant to chapter 458 or chapter 459,
  807  a certified nurse midwife licensed under pursuant to part I of
  808  chapter 464, or a midwife licensed under this chapter, who has a
  809  minimum of 3 years’ professional experience.
  810         (3)The department may issue a temporary certificate under
  811  this section with the following restrictions:
  812         (a)A requirement that a temporary certificateholder
  813  practice only in areas of critical need. The State Surgeon
  814  General shall determine the areas of critical need, which Such
  815  areas shall include, but are not be limited to, health
  816  professional shortage areas designated by the United States
  817  Department of Health and Human Services.
  818         (b) A requirement that if a temporary certificateholder’s
  819  practice area ceases to be an area of critical need, within 30
  820  days after such change the certificateholder must either:
  821         1.Report a new practice area of critical need to the
  822  department; or
  823         2.Voluntarily relinquish the temporary certificate.
  824         (4)The department shall review a temporary
  825  certificateholder’s practice at least annually to determine
  826  whether the certificateholder is meeting the requirements of
  827  subsections (2) and (3) and the rules adopted thereunder. If the
  828  department determines that a certificateholder is not meeting
  829  these requirements, the department must revoke the temporary
  830  certificate.
  831         (5) A temporary certificate issued under this section is
  832  shall be valid only as long as an area for which it is issued
  833  remains an area of critical need, but no longer than 2 years,
  834  and is shall not be renewable.
  835         (c) The department may administer an abbreviated oral
  836  examination to determine the midwife’s competency, but no
  837  written regular examination shall be necessary.
  838         (d) The department shall not issue a temporary certificate
  839  to any midwife who is under investigation in another state for
  840  an act which would constitute a violation of this chapter until
  841  such time as the investigation is complete, at which time the
  842  provisions of this section shall apply.
  843         (e) The department shall review the practice under a
  844  temporary certificate at least annually to ascertain that the
  845  minimum requirements of the midwifery rules promulgated under
  846  this chapter are being met. If it is determined that the minimum
  847  requirements are not being met, the department shall immediately
  848  revoke the temporary certificate.
  849         (f) The fee for a temporary certificate shall not exceed
  850  $50 and shall be in addition to the fee required for licensure.
  851         Section 20. Section 467.205, Florida Statutes, is amended
  852  to read:
  853         467.205 Approval of midwifery programs.—
  854         (1) The department shall approve an accredited or state
  855  licensed public or private institution seeking to provide
  856  midwifery education and training as an approved midwifery
  857  program in this state if the institution meets all of the
  858  following criteria:
  859         (a)Submits an application for approval on a form approved
  860  by the department.
  861         (b)Demonstrates to the department’s satisfaction that the
  862  proposed midwifery program complies with s. 467.009 and the
  863  rules adopted thereunder.
  864         (c)For a private institution, demonstrates its
  865  accreditation by a member of the Council for Higher Education
  866  Accreditation or an accrediting agency approved by the United
  867  States Department of Education and its licensing or provisional
  868  licensing by the Commission for Independent Education An
  869  organization desiring to conduct an approved program for the
  870  education of midwives shall apply to the department and submit
  871  such evidence as may be required to show that it complies with
  872  s. 467.009 and with the rules of the department. Any accredited
  873  or state-licensed institution of higher learning, public or
  874  private, may provide midwifery education and training.
  875         (2) The department shall adopt rules regarding educational
  876  objectives, faculty qualifications, curriculum guidelines,
  877  administrative procedures, and other training requirements as
  878  are necessary to ensure that approved programs graduate midwives
  879  competent to practice under this chapter.
  880         (3) The department shall survey each organization applying
  881  for approval. If the department is satisfied that the program
  882  meets the requirements of s. 467.009 and rules adopted pursuant
  883  to that section, it shall approve the program.
  884         (2)(4) The department shall, at least once every 3 years,
  885  certify whether each approved midwifery program is currently
  886  compliant, and has maintained compliance, complies with the
  887  requirements of standards developed under s. 467.009 and the
  888  rules adopted thereunder.
  889         (3)(5) If the department finds that an approved midwifery
  890  program is not in compliance with the requirements of s. 467.009
  891  or the rules adopted thereunder, or has lost its accreditation
  892  status, the department must provide its finding to the program
  893  in writing and no longer meets the required standards, it may
  894  place the program on probationary status for a specified period
  895  of time, which may not exceed 3 years until such time as the
  896  standards are restored.
  897         (4) If a program on probationary status does not come into
  898  compliance with the requirements of s. 467.009 or the rules
  899  adopted thereunder, or regain its accreditation status, as
  900  applicable, within the period specified by the department fails
  901  to correct these conditions within a specified period of time,
  902  the department may rescind the program’s approval.
  903         (5)A Any program that has having its approval rescinded
  904  has shall have the right to reapply for approval.
  905         (6) The department may grant provisional approval of a new
  906  program seeking accreditation status, for a period not to exceed
  907  5 years, provided that all other requirements of this section
  908  are met.
  909         (7)The department may rescind provisional approval of a
  910  program that fails to the meet the requirements of s. 467.009,
  911  this section, or the rules adopted thereunder, in accordance
  912  with procedures provided in subsections (3) and (4) may be
  913  granted pending the licensure results of the first graduating
  914  class.
  915         Section 21. Subsections (2), (3), and (4) and paragraphs
  916  (a) and (b) of subsection (5) of section 468.803, Florida
  917  Statutes, are amended to read:
  918         468.803 License, registration, and examination
  919  requirements.—
  920         (2) An applicant for registration, examination, or
  921  licensure must apply to the department on a form prescribed by
  922  the board for consideration of board approval. Each initial
  923  applicant shall submit a set of fingerprints to the department
  924  on a form and under procedures specified by the department,
  925  along with payment in an amount equal to the costs incurred by
  926  the department for state and national criminal history checks of
  927  the applicant. The department shall submit the fingerprints
  928  provided by an applicant to the Department of Law Enforcement
  929  for a statewide criminal history check, and the Department of
  930  Law Enforcement shall forward the fingerprints to the Federal
  931  Bureau of Investigation for a national criminal history check of
  932  the applicant. The board shall screen the results to determine
  933  if an applicant meets licensure requirements. The board shall
  934  consider for examination, registration, or licensure each
  935  applicant who the board verifies:
  936         (a) Has submitted the completed application and completed
  937  the fingerprinting requirements fingerprint forms and has paid
  938  the applicable application fee, not to exceed $500, and the cost
  939  of the state and national criminal history checks. The
  940  application fee is and cost of the criminal history checks shall
  941  be nonrefundable;
  942         (b) Is of good moral character;
  943         (c) Is 18 years of age or older; and
  944         (d) Has completed the appropriate educational preparation.
  945         (3) A person seeking to attain the orthotics or prosthetics
  946  experience required for licensure in this state must be approved
  947  by the board and registered as a resident by the department.
  948  Although a registration may be held in both disciplines, for
  949  independent registrations the board may not approve a second
  950  registration until at least 1 year after the issuance of the
  951  first registration. Notwithstanding subsection (2), a person who
  952  has been approved by the board and registered by the department
  953  in one discipline may apply for registration in the second
  954  discipline without an additional state or national criminal
  955  history check during the period in which the first registration
  956  is valid. Each independent registration or dual registration is
  957  valid for 2 years after the date of issuance unless otherwise
  958  revoked by the department upon recommendation of the board. The
  959  board shall set a registration fee not to exceed $500 to be paid
  960  by the applicant. A registration may be renewed once by the
  961  department upon recommendation of the board for a period no
  962  longer than 1 year, as such renewal is defined by the board by
  963  rule. The renewal fee may not exceed one-half the current
  964  registration fee. To be considered by the board for approval of
  965  registration as a resident, the applicant must have one of the
  966  following:
  967         (a) A Bachelor of Science or higher-level postgraduate
  968  degree in orthotics and prosthetics from an a regionally
  969  accredited college or university recognized by the Commission on
  970  Accreditation of Allied Health Education Programs.
  971         (b) A minimum of a bachelor’s degree from an
  972  institutionally a regionally accredited college or university
  973  and a certificate in orthotics or prosthetics from a program
  974  recognized by the Commission on Accreditation of Allied Health
  975  Education Programs, or its equivalent, as determined by the
  976  board.
  977         (c) A minimum of a bachelor’s degree from an
  978  institutionally a regionally accredited college or university
  979  and a dual certificate in both orthotics and prosthetics from
  980  programs recognized by the Commission on Accreditation of Allied
  981  Health Education Programs, or its equivalent, as determined by
  982  the board.
  983         (4) The department may develop and administer a state
  984  examination for an orthotist or a prosthetist license, or the
  985  board may approve the existing examination of a national
  986  standards organization. The examination must be predicated on a
  987  minimum of a baccalaureate-level education and formalized
  988  specialized training in the appropriate field. Each examination
  989  must demonstrate a minimum level of competence in basic
  990  scientific knowledge, written problem solving, and practical
  991  clinical patient management. The board shall require an
  992  examination fee not to exceed the actual cost to the board in
  993  developing, administering, and approving the examination, which
  994  fee must be paid by the applicant. To be considered by the board
  995  for examination, the applicant must have:
  996         (a) For an examination in orthotics:
  997         1. A Bachelor of Science or higher-level postgraduate
  998  degree in orthotics and prosthetics from an institutionally a
  999  regionally accredited college or university recognized by the
 1000  Commission on Accreditation of Allied Health Education Programs
 1001  or, at a minimum, a bachelor’s degree from an institutionally a
 1002  regionally accredited college or university and a certificate in
 1003  orthotics from a program recognized by the Commission on
 1004  Accreditation of Allied Health Education Programs, or its
 1005  equivalent, as determined by the board; and
 1006         2. An approved orthotics internship of 1 year of qualified
 1007  experience, as determined by the board, or an orthotic residency
 1008  or dual residency program recognized by the board.
 1009         (b) For an examination in prosthetics:
 1010         1. A Bachelor of Science or higher-level postgraduate
 1011  degree in orthotics and prosthetics from an institutionally a
 1012  regionally accredited college or university recognized by the
 1013  Commission on Accreditation of Allied Health Education Programs
 1014  or, at a minimum, a bachelor’s degree from an institutionally a
 1015  regionally accredited college or university and a certificate in
 1016  prosthetics from a program recognized by the Commission on
 1017  Accreditation of Allied Health Education Programs, or its
 1018  equivalent, as determined by the board; and
 1019         2. An approved prosthetics internship of 1 year of
 1020  qualified experience, as determined by the board, or a
 1021  prosthetic residency or dual residency program recognized by the
 1022  board.
 1023         (5) In addition to the requirements in subsection (2), to
 1024  be licensed as:
 1025         (a) An orthotist, the applicant must pay a license fee not
 1026  to exceed $500 and must have:
 1027         1. A Bachelor of Science or higher-level postgraduate
 1028  degree in Orthotics and Prosthetics from an institutionally a
 1029  regionally accredited college or university recognized by the
 1030  Commission on Accreditation of Allied Health Education Programs,
 1031  or a bachelor’s degree from an institutionally accredited
 1032  college or university and with a certificate in orthotics from a
 1033  program recognized by the Commission on Accreditation of Allied
 1034  Health Education Programs, or its equivalent, as determined by
 1035  the board;
 1036         2. An approved appropriate internship of 1 year of
 1037  qualified experience, as determined by the board, or a residency
 1038  program recognized by the board;
 1039         3. Completed the mandatory courses; and
 1040         4. Passed the state orthotics examination or the board
 1041  approved orthotics examination.
 1042         (b) A prosthetist, the applicant must pay a license fee not
 1043  to exceed $500 and must have:
 1044         1. A Bachelor of Science or higher-level postgraduate
 1045  degree in Orthotics and Prosthetics from an institutionally a
 1046  regionally accredited college or university recognized by the
 1047  Commission on Accreditation of Allied Health Education Programs,
 1048  or a bachelor’s degree from an institutionally accredited
 1049  college or university and with a certificate in prosthetics from
 1050  a program recognized by the Commission on Accreditation of
 1051  Allied Health Education Programs, or its equivalent, as
 1052  determined by the board;
 1053         2. An internship of 1 year of qualified experience, as
 1054  determined by the board, or a residency program recognized by
 1055  the board;
 1056         3. Completed the mandatory courses; and
 1057         4. Passed the state prosthetics examination or the board
 1058  approved prosthetics examination.
 1059         Section 22. Subsection (7) is added to section 483.801,
 1060  Florida Statutes, to read:
 1061         483.801 Exemptions.—This part applies to all clinical
 1062  laboratories and clinical laboratory personnel within this
 1063  state, except:
 1064         (7) Persons performing alternate-site testing within a
 1065  hospital or offsite emergency department licensed under chapter
 1066  395.
 1067         Section 23. Section 483.824, Florida Statutes, is amended
 1068  to read:
 1069         483.824 Qualifications of clinical laboratory director.—A
 1070  clinical laboratory director must have 4 years of clinical
 1071  laboratory experience with 2 years of experience in the
 1072  specialty to be directed or be nationally board certified in the
 1073  specialty to be directed, and must meet one of the following
 1074  requirements:
 1075         (1) Be a physician licensed under chapter 458 or chapter
 1076  459;
 1077         (2) Hold an earned doctoral degree in a chemical, physical,
 1078  or biological science from an a regionally accredited
 1079  institution and maintain national certification requirements
 1080  equal to those required by the federal Health Care Financing
 1081  Administration; or
 1082         (3) For the subspecialty of oral pathology, be a physician
 1083  licensed under chapter 458 or chapter 459 or a dentist licensed
 1084  under chapter 466.
 1085         Section 24. Subsection (3) of section 490.003, Florida
 1086  Statutes, is amended to read:
 1087         490.003 Definitions.—As used in this chapter:
 1088         (3)(a)“Doctoral degree from an American Psychological
 1089  Association accredited program” means Effective July 1, 1999,
 1090  “doctoral-level psychological education” and “doctoral degree in
 1091  psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
 1092  psychology from a psychology program at an educational
 1093  institution that, at the time the applicant was enrolled and
 1094  graduated:
 1095         1.(a) Had institutional accreditation from an agency
 1096  recognized and approved by the United States Department of
 1097  Education or was recognized as a member in good standing with
 1098  the Association of Universities and Colleges of Canada; and
 1099         2.(b) Had programmatic accreditation from the American
 1100  Psychological Association.
 1101         (b)“Doctoral degree in psychology” means a Psy.D., an
 1102  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1103  program at an educational institution that, at the time the
 1104  applicant was enrolled and graduated, had institutional
 1105  accreditation from an agency recognized and approved by the
 1106  United States Department of Education or was recognized as a
 1107  member in good standing with the Association of Universities and
 1108  Colleges of Canada.
 1109         Section 25. Subsection (1) of section 490.005, Florida
 1110  Statutes, is amended to read:
 1111         490.005 Licensure by examination.—
 1112         (1) Any person desiring to be licensed as a psychologist
 1113  shall apply to the department to take the licensure examination.
 1114  The department shall license each applicant who the board
 1115  certifies has met all of the following requirements:
 1116         (a) Completed the application form and remitted a
 1117  nonrefundable application fee not to exceed $500 and an
 1118  examination fee set by the board sufficient to cover the actual
 1119  per applicant cost to the department for development, purchase,
 1120  and administration of the examination, but not to exceed $500.
 1121         (b) Submitted proof satisfactory to the board that the
 1122  applicant has received:
 1123         1. A doctoral degree from an American Psychological
 1124  Association accredited program Doctoral-level psychological
 1125  education; or
 1126         2. The equivalent of a doctoral degree from an American
 1127  Psychological Association accredited program doctoral-level
 1128  psychological education, as defined in s. 490.003(3), from a
 1129  program at a school or university located outside the United
 1130  States of America which was officially recognized by the
 1131  government of the country in which it is located as an
 1132  institution or program to train students to practice
 1133  professional psychology. The applicant has the burden of
 1134  establishing that this requirement has been met.
 1135         (c) Had at least 2 years or 4,000 hours of experience in
 1136  the field of psychology in association with or under the
 1137  supervision of a licensed psychologist meeting the academic and
 1138  experience requirements of this chapter or the equivalent as
 1139  determined by the board. The experience requirement may be met
 1140  by work performed on or off the premises of the supervising
 1141  psychologist if the off-premises work is not the independent,
 1142  private practice rendering of psychological services that does
 1143  not have a psychologist as a member of the group actually
 1144  rendering psychological services on the premises.
 1145         (d) Passed the examination. However, an applicant who has
 1146  obtained a passing score, as established by the board by rule,
 1147  on the psychology licensure examination designated by the board
 1148  as the national licensure examination need only pass the Florida
 1149  law and rules portion of the examination.
 1150         Section 26. Subsection (1) of section 490.0051, Florida
 1151  Statutes, is amended to read:
 1152         490.0051 Provisional licensure; requirements.—
 1153         (1) The department shall issue a provisional psychology
 1154  license to each applicant who the board certifies has:
 1155         (a) Completed the application form and remitted a
 1156  nonrefundable application fee not to exceed $250, as set by
 1157  board rule.
 1158         (b) Earned a doctoral degree from an American Psychological
 1159  Association accredited program in psychology as defined in s.
 1160  490.003(3).
 1161         (c) Met any additional requirements established by board
 1162  rule.
 1163         Section 27. Subsections (1), (3), and (4) of section
 1164  491.005, Florida Statutes, are amended to read:
 1165         491.005 Licensure by examination.—
 1166         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1167  documentation and payment of a fee not to exceed $200, as set by
 1168  board rule, plus the actual per applicant cost to the department
 1169  for purchase of the examination from the American Association of
 1170  State Social Worker’s Boards or a similar national organization,
 1171  the department shall issue a license as a clinical social worker
 1172  to an applicant who the board certifies has met all of the
 1173  following criteria:
 1174         (a) Has Submitted an application and paid the appropriate
 1175  fee.
 1176         (b)1. Has Received a doctoral degree in social work from a
 1177  graduate school of social work which at the time the applicant
 1178  graduated was accredited by an accrediting agency recognized by
 1179  the United States Department of Education or has received a
 1180  master’s degree in social work from a graduate school of social
 1181  work which at the time the applicant graduated:
 1182         a. Was accredited by the Council on Social Work Education;
 1183         b. Was accredited by the Canadian Association of Schools of
 1184  Social Work; or
 1185         c. Has been determined to have been a program equivalent to
 1186  programs approved by the Council on Social Work Education by the
 1187  Foreign Equivalency Determination Service of the Council on
 1188  Social Work Education. An applicant who graduated from a program
 1189  at a university or college outside of the United States or
 1190  Canada must present documentation of the equivalency
 1191  determination from the council in order to qualify.
 1192         2. The applicant’s graduate program must have emphasized
 1193  direct clinical patient or client health care services,
 1194  including, but not limited to, coursework in clinical social
 1195  work, psychiatric social work, medical social work, social
 1196  casework, psychotherapy, or group therapy. The applicant’s
 1197  graduate program must have included all of the following
 1198  coursework:
 1199         a. A supervised field placement which was part of the
 1200  applicant’s advanced concentration in direct practice, during
 1201  which the applicant provided clinical services directly to
 1202  clients.
 1203         b. Completion of 24 semester hours or 32 quarter hours in
 1204  theory of human behavior and practice methods as courses in
 1205  clinically oriented services, including a minimum of one course
 1206  in psychopathology, and no more than one course in research,
 1207  taken in a school of social work accredited or approved pursuant
 1208  to subparagraph 1.
 1209         3. If the course title which appears on the applicant’s
 1210  transcript does not clearly identify the content of the
 1211  coursework, the applicant shall be required to provide
 1212  additional documentation, including, but not limited to, a
 1213  syllabus or catalog description published for the course.
 1214         (c) Has Had at least 2 years of clinical social work
 1215  experience, which took place subsequent to completion of a
 1216  graduate degree in social work at an institution meeting the
 1217  accreditation requirements of this section, under the
 1218  supervision of a licensed clinical social worker or the
 1219  equivalent who is a qualified supervisor as determined by the
 1220  board. An individual who intends to practice in Florida to
 1221  satisfy clinical experience requirements must register pursuant
 1222  to s. 491.0045 before commencing practice. If the applicant’s
 1223  graduate program was not a program which emphasized direct
 1224  clinical patient or client health care services as described in
 1225  subparagraph (b)2., the supervised experience requirement must
 1226  take place after the applicant has completed a minimum of 15
 1227  semester hours or 22 quarter hours of the coursework required. A
 1228  doctoral internship may be applied toward the clinical social
 1229  work experience requirement. A licensed mental health
 1230  professional must be on the premises when clinical services are
 1231  provided by a registered intern in a private practice setting.
 1232  When a registered intern is providing clinical services through
 1233  telehealth, a licensed mental health professional must be
 1234  accessible by telephone or electronic means.
 1235         (d) Has Passed a theory and practice examination designated
 1236  by board rule provided by the department for this purpose.
 1237         (e) Has Demonstrated, in a manner designated by rule of the
 1238  board, knowledge of the laws and rules governing the practice of
 1239  clinical social work, marriage and family therapy, and mental
 1240  health counseling.
 1241         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1242  documentation and payment of a fee not to exceed $200, as set by
 1243  board rule, plus the actual cost of the purchase of the
 1244  examination from the Association of Marital and Family Therapy
 1245  Regulatory Board, or similar national organization, the
 1246  department shall issue a license as a marriage and family
 1247  therapist to an applicant who the board certifies has met all of
 1248  the following criteria:
 1249         (a) Has Submitted an application and paid the appropriate
 1250  fee.
 1251         (b)1.Obtained one of the following:
 1252         a.Has A minimum of a master’s degree with major emphasis
 1253  in marriage and family therapy or a closely related field from a
 1254  program accredited by the Commission on Accreditation for
 1255  Marriage and Family Therapy Education or from a Florida
 1256  university program accredited by the Council for Accreditation
 1257  of Counseling and Related Educational Programs.
 1258         b.A minimum of a master’s degree with an emphasis in
 1259  marriage and family therapy with a degree conferred date before
 1260  July 1, 2026, from an institutionally accredited Florida college
 1261  or university that is not yet accredited by the Commission on
 1262  Accreditation for Marriage and Family Therapy Education or the
 1263  Council for Accreditation of Counseling and Related Educational
 1264  Programs.
 1265         2.Completed and graduate courses approved by the Board of
 1266  Clinical Social Work, Marriage and Family Therapy, and Mental
 1267  Health Counseling.
 1268  
 1269  If the course title that appears on the applicant’s transcript
 1270  does not clearly identify the content of the coursework, the
 1271  applicant shall provide additional documentation, including, but
 1272  not limited to, a syllabus or catalog description published for
 1273  the course. The required master’s degree must have been received
 1274  in an institution of higher education that, at the time the
 1275  applicant graduated, was fully accredited by an institutional a
 1276  regional accrediting body recognized by the Commission on
 1277  Recognition of Postsecondary Accreditation or publicly
 1278  recognized as a member in good standing with the Association of
 1279  Universities and Colleges of Canada, or an institution of higher
 1280  education located outside the United States and Canada which, at
 1281  the time the applicant was enrolled and at the time the
 1282  applicant graduated, maintained a standard of training
 1283  substantially equivalent to the standards of training of those
 1284  institutions in the United States which are accredited by an
 1285  institutional a regional accrediting body recognized by the
 1286  Commission on Recognition of Postsecondary Accreditation. Such
 1287  foreign education and training must have been received in an
 1288  institution or program of higher education officially recognized
 1289  by the government of the country in which it is located as an
 1290  institution or program to train students to practice as
 1291  professional marriage and family therapists or psychotherapists.
 1292  The applicant has the burden of establishing that the
 1293  requirements of this provision have been met, and the board
 1294  shall require documentation, such as an evaluation by a foreign
 1295  equivalency determination service, as evidence that the
 1296  applicant’s graduate degree program and education were
 1297  equivalent to an accredited program in this country. An
 1298  applicant with a master’s degree from a program that did not
 1299  emphasize marriage and family therapy may complete the
 1300  coursework requirement in a training institution fully
 1301  accredited by the Commission on Accreditation for Marriage and
 1302  Family Therapy Education recognized by the United States
 1303  Department of Education.
 1304         (c) Has Had at least 2 years of clinical experience during
 1305  which 50 percent of the applicant’s clients were receiving
 1306  marriage and family therapy services, which must have been be at
 1307  the post-master’s level under the supervision of a licensed
 1308  marriage and family therapist with at least 5 years of
 1309  experience, or the equivalent, who is a qualified supervisor as
 1310  determined by the board. An individual who intends to practice
 1311  in Florida to satisfy the clinical experience requirements must
 1312  register pursuant to s. 491.0045 before commencing practice. If
 1313  a graduate has a master’s degree with a major emphasis in
 1314  marriage and family therapy or a closely related field which did
 1315  not include all of the coursework required by paragraph (b),
 1316  credit for the post-master’s level clinical experience may not
 1317  commence until the applicant has completed a minimum of 10 of
 1318  the courses required by paragraph (b), as determined by the
 1319  board, and at least 6 semester hours or 9 quarter hours of the
 1320  course credits must have been completed in the area of marriage
 1321  and family systems, theories, or techniques. Within the 2 years
 1322  of required experience, the applicant must shall provide direct
 1323  individual, group, or family therapy and counseling to cases
 1324  including those involving unmarried dyads, married couples,
 1325  separating and divorcing couples, and family groups that include
 1326  children. A doctoral internship may be applied toward the
 1327  clinical experience requirement. A licensed mental health
 1328  professional must be on the premises when clinical services are
 1329  provided by a registered intern in a private practice setting.
 1330  When a registered intern is providing clinical services through
 1331  telehealth, a licensed mental health professional must be
 1332  accessible by telephone or other electronic means.
 1333         (d) Has Passed a theory and practice examination designated
 1334  by board rule provided by the department.
 1335         (e) Has Demonstrated, in a manner designated by board rule,
 1336  knowledge of the laws and rules governing the practice of
 1337  clinical social work, marriage and family therapy, and mental
 1338  health counseling.
 1339  
 1340  For the purposes of dual licensure, the department shall license
 1341  as a marriage and family therapist any person who meets the
 1342  requirements of s. 491.0057. Fees for dual licensure may not
 1343  exceed those stated in this subsection.
 1344         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1345  documentation and payment of a fee not to exceed $200, as set by
 1346  board rule, plus the actual per applicant cost of purchase of
 1347  the examination from the National Board for Certified Counselors
 1348  or its successor organization, the department shall issue a
 1349  license as a mental health counselor to an applicant who the
 1350  board certifies has met all of the following criteria:
 1351         (a) Has Submitted an application and paid the appropriate
 1352  fee.
 1353         (b)1. Obtained Has a minimum of an earned master’s degree
 1354  from a mental health counseling program accredited by the
 1355  Council for the Accreditation of Counseling and Related
 1356  Educational Programs which consists of at least 60 semester
 1357  hours or 80 quarter hours of clinical and didactic instruction,
 1358  including a course in human sexuality and a course in substance
 1359  abuse. If the master’s degree is earned from a program related
 1360  to the practice of mental health counseling which is not
 1361  accredited by the Council for the Accreditation of Counseling
 1362  and Related Educational Programs, then the coursework and
 1363  practicum, internship, or fieldwork must consist of at least 60
 1364  semester hours or 80 quarter hours and meet all of the following
 1365  requirements:
 1366         a. Thirty-three semester hours or 44 quarter hours of
 1367  graduate coursework, which must include a minimum of 3 semester
 1368  hours or 4 quarter hours of graduate-level coursework in each of
 1369  the following 11 content areas: counseling theories and
 1370  practice; human growth and development; diagnosis and treatment
 1371  of psychopathology; human sexuality; group theories and
 1372  practice; individual evaluation and assessment; career and
 1373  lifestyle assessment; research and program evaluation; social
 1374  and cultural foundations; substance abuse; and legal, ethical,
 1375  and professional standards issues in the practice of mental
 1376  health counseling. Courses in research, thesis or dissertation
 1377  work, practicums, internships, or fieldwork may not be applied
 1378  toward this requirement.
 1379         b. A minimum of 3 semester hours or 4 quarter hours of
 1380  graduate-level coursework addressing diagnostic processes,
 1381  including differential diagnosis and the use of the current
 1382  diagnostic tools, such as the current edition of the American
 1383  Psychiatric Association’s Diagnostic and Statistical Manual of
 1384  Mental Disorders. The graduate program must have emphasized the
 1385  common core curricular experience.
 1386         c. The equivalent, as determined by the board, of at least
 1387  700 hours of university-sponsored supervised clinical practicum,
 1388  internship, or field experience that includes at least 280 hours
 1389  of direct client services, as required in the accrediting
 1390  standards of the Council for Accreditation of Counseling and
 1391  Related Educational Programs for mental health counseling
 1392  programs. This experience may not be used to satisfy the post
 1393  master’s clinical experience requirement.
 1394         2. Has Provided additional documentation if a course title
 1395  that appears on the applicant’s transcript does not clearly
 1396  identify the content of the coursework. The documentation must
 1397  include, but is not limited to, a syllabus or catalog
 1398  description published for the course.
 1399  
 1400  Education and training in mental health counseling must have
 1401  been received in an institution of higher education that, at the
 1402  time the applicant graduated, was fully accredited by an
 1403  institutional a regional accrediting body recognized by the
 1404  Council for Higher Education Accreditation or its successor
 1405  organization or publicly recognized as a member in good standing
 1406  with the Association of Universities and Colleges of Canada, or
 1407  an institution of higher education located outside the United
 1408  States and Canada which, at the time the applicant was enrolled
 1409  and at the time the applicant graduated, maintained a standard
 1410  of training substantially equivalent to the standards of
 1411  training of those institutions in the United States which are
 1412  accredited by an institutional a regional accrediting body
 1413  recognized by the Council for Higher Education Accreditation or
 1414  its successor organization. Such foreign education and training
 1415  must have been received in an institution or program of higher
 1416  education officially recognized by the government of the country
 1417  in which it is located as an institution or program to train
 1418  students to practice as mental health counselors. The applicant
 1419  has the burden of establishing that the requirements of this
 1420  provision have been met, and the board shall require
 1421  documentation, such as an evaluation by a foreign equivalency
 1422  determination service, as evidence that the applicant’s graduate
 1423  degree program and education were equivalent to an accredited
 1424  program in this country. Beginning July 1, 2025, an applicant
 1425  must have a master’s degree from a program that is accredited by
 1426  the Council for Accreditation of Counseling and Related
 1427  Educational Programs, the Masters in Psychology and Counseling
 1428  Accreditation Council, or an equivalent accrediting body which
 1429  consists of at least 60 semester hours or 80 quarter hours to
 1430  apply for licensure under this paragraph.
 1431         (c) Has Had at least 2 years of clinical experience in
 1432  mental health counseling, which must be at the post-master’s
 1433  level under the supervision of a licensed mental health
 1434  counselor or the equivalent who is a qualified supervisor as
 1435  determined by the board. An individual who intends to practice
 1436  in Florida to satisfy the clinical experience requirements must
 1437  register pursuant to s. 491.0045 before commencing practice. If
 1438  a graduate has a master’s degree with a major related to the
 1439  practice of mental health counseling which did not include all
 1440  the coursework required under sub-subparagraphs (b)1.a. and b.,
 1441  credit for the post-master’s level clinical experience may not
 1442  commence until the applicant has completed a minimum of seven of
 1443  the courses required under sub-subparagraphs (b)1.a. and b., as
 1444  determined by the board, one of which must be a course in
 1445  psychopathology or abnormal psychology. A doctoral internship
 1446  may be applied toward the clinical experience requirement. A
 1447  licensed mental health professional must be on the premises when
 1448  clinical services are provided by a registered intern in a
 1449  private practice setting. When a registered intern is providing
 1450  clinical services through telehealth, a licensed mental health
 1451  professional must be accessible by telephone or other electronic
 1452  means.
 1453         (d) Has Passed a theory and practice examination designated
 1454  by department rule provided by the department for this purpose.
 1455         (e) Has Demonstrated, in a manner designated by board rule,
 1456  knowledge of the laws and rules governing the practice of
 1457  clinical social work, marriage and family therapy, and mental
 1458  health counseling.
 1459         Section 28. This act shall take effect July 1, 2021.