Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 466 Ì521082|Î521082 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Torres) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 295.126, Florida Statutes, is created to 6 read: 7 295.126 Military Medics and Corpsmen of Florida (MMACOF) 8 program.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Department” means the Department of Health. 11 (b) “Military-trained health care veteran” means a person 12 who: 13 1. Has served within the preceding consecutive 12 months as 14 a medic in the United States Army, a medical technician in the 15 United States Air Force, a hospital corpsman in the United 16 States Navy, or a health services technician in the United 17 States Coast Guard; 18 2. Was discharged or separated from military service under 19 conditions other than dishonorable; 20 3. Has received MMACOF Health Care Program Qualified Status 21 from the department under paragraph (3)(a); 22 4. Is enrolled, on at least a half-time basis, in an 23 approved and accredited Florida health care education and 24 training program specific to the health care field for which the 25 department has issued the MMACOF Health Care Program Qualified 26 Status; and 27 5. Has applied for and received approval from the 28 department for the MMACOF Health Care Certification program. 29 (c) “Participating health care provider” means: 30 1. A physician licensed under chapter 458 or an osteopathic 31 physician licensed under chapter 459; 32 2. A professional corporation or partnership of physicians 33 licensed under chapter 458 or osteopathic physicians licensed 34 under chapter 459; 35 3. A hospital or ambulatory surgical center licensed under 36 chapter 395; 37 4. An office registered under s. 458.328 or s. 459.03198; 38 5. A commercial enterprise having medical facilities for 39 its employees, which are supervised by one or more physicians 40 licensed under chapter 458 or osteopathic physicians licensed 41 under chapter 459; or 42 6. A facility that is licensed under chapter 395 which 43 offers medical services to the public and is supervised by one 44 or more physicians licensed under chapter 458 or osteopathic 45 physicians licensed under chapter 459. 46 (d) “Veteran” has the same meaning as in s. 1.01(14) or 47 means a former member of the Florida National Guard. 48 (2) PROGRAM ESTABLISHMENT AND PURPOSES.—The department, in 49 collaboration with Florida Is For Veterans, Inc., may establish 50 and administer the Military Medics and Corpsmen of Florida 51 (MMACOF) program. The purpose of the program is to offer 52 clinical, leadership, and nonclinical career pathways to 53 veterans and their spouses seeking careers in health care or 54 health care-related fields within this state. 55 (3) PROGRAM COMPONENTS.—The MMACOF program shall consist of 56 the following components: 57 (a) MMACOF Health Care Certification program.— 58 1. Florida Is For Veterans, Inc. shall recruit and review 59 the military eligibility of veterans according to the military 60 requirements for acceptance into the MMACOF Health Care 61 Certification program. 62 2. Florida Is For Veterans, Inc., shall assist each 63 individual veteran in completing a department MMACOF Health Care 64 Certification program application form, which much be developed 65 by the department and each board, or the department if there is 66 no board. The department shall waive the application fee, 67 certificate fee, and unlicensed activity fee for such 68 applicants. 69 3. The MMACOF Health Care Certification program application 70 must include, but is not limited to the following information: 71 a. The individual’s civilian and military education; health 72 care education and training; a list of practice skills regularly 73 performed in the military during service as a medic in the 74 United States Army, a medical technician in the United States 75 Air Force, a hospital corpsman in the United States Navy, or a 76 health services technician in the United States Coast Guard; and 77 any other health care-related education or experience the 78 individual has received as a civilian or active duty 79 servicemember; and 80 b.(I) A disclosure by the MMACOF Health Care Certification 81 program applicant stating whether or not he or she is currently 82 enrolled, on at least a half-time basis, in an approved and 83 accredited Florida health care education and training program 84 for a specified health care practice areas listed in 85 subparagraph 6., and the status of that enrollment; or 86 (II) If the MMACOF Health Care Certification program 87 applicant is not currently enrolled in an approved and 88 accredited Florida health care education and training program, 89 the applicant’s preference for the health care practice area in 90 which he or she seeks to pursue future education and training 91 and, if known, which approved and accredited Florida health care 92 education and training program he or she plans to enter under 93 the MMACOF Health Care Certification program. 94 4. Florida Is For Veterans, Inc., shall recruit, establish, 95 and maintain a statewide list of MMACOF Health Care 96 Certification program participating health care providers. 97 Participating health care providers must agree to employ 98 unlicensed but military-trained health care veterans who hold an 99 MMACOF Health Care Certificate in specific health care fields; 100 who are qualified to perform specific health care skills under 101 the direct supervision of a licensed health care provider in the 102 specific field, and who are enrolled on at least a half-time 103 basis in an approved and accredited Florida health care 104 education and training program for the health care field 105 specified on the veteran’s MMACOF Health Care Certificate. 106 5. Florida Is For Veterans, Inc., shall assist veterans who 107 hold an MMACOF Health Care Certificate in identifying 108 participating health care providers for potential employment, 109 including providing assistance with resume writing, application 110 completion, and interviewing skills. 111 6. The Board of Medicine shall review, in consultation with 112 any other professional board it deems appropriate, each 113 veteran’s individual MMACOF Health Care Certification program 114 application and, based on criteria set forth in board rule, 115 shall determine within 30 days in which of the following health 116 care practice areas the individual veteran is eligible to 117 practice under the direct supervision of a health care 118 practitioner, as defined by the specific profession’s practice 119 act, while the veteran is enrolled on at least a half-time basis 120 in an approved and accredited Florida health care education and 121 training program for such practice areas: 122 a. Certified nursing assistant; 123 b. Dental assistant; 124 c. Dental hygienist; 125 d. Emergency medical technologist; 126 e. Licensed practical nurse; 127 f. Laboratory technologist; 128 g. Medical assistant; 129 h. Optician; 130 i. Physician assistant; 131 j. Occupational therapy assistant; 132 k. Radiologic technologist; 133 l. Registered nurse; 134 m. Respiratory care or therapy technician; 135 n. Paramedic; 136 o. Pharmacy technician; 137 p. Physical therapist assistant; or 138 q. Physical therapist. 139 7. The Board of Medicine shall delineate the practice 140 skills that the military-trained health care veteran is 141 permitted to perform under the direct supervision of a licensed 142 health care practitioner in the field in which the veteran is to 143 practice. 144 8. Once the Board of Medicine has determined from the 145 information submitted by the MMACOF Health Care Certification 146 program applicant that he or she has sufficient civilian or 147 military health care education and training in one or more 148 health care practice areas set out in subparagraph 6., the 149 veteran’s application shall be given “MMACOF Health Care Program 150 Qualified” status and the veteran shall be notified of this 151 status in writing within 14 days. The department must also 152 provide the veteran with a list of practice skills the Board of 153 Medicine has determined he or she has experience to perform 154 under direct supervision when employed by a participating health 155 care provider after obtaining his or her MMACOF Health Care 156 Certificate. The notification to the veteran of “MMACOF Health 157 Care program Qualified” status must include instructions on how 158 the veteran may obtain an MMACOF Health Care Certificate. 159 9. The Board of Medicine’s initial determination of the 160 veteran’s “MMACOF Program Health Care Qualified” status expires 161 18 months after its first issuance, unless the veteran applies 162 for an MMACOF Health Care Certificate before the expiration 163 date. 164 10. To obtain an MMACOF Health Care Certificate, a veteran 165 whose MMACOF Health Care Certification application is in “MMACOF 166 Program Health Care Qualified” status must provide to the 167 department documentation of his or her enrollment on at least a 168 half-time basis, signed by the registrar or similar 169 representative of the approved and accredited Florida health 170 care education and training program, for his or her approved 171 health care field on a form or in the manner prescribed by 172 department rule. 173 11. Upon receipt by the department of the veteran’s proof 174 of at least half-time enrollment in an approved and accredited 175 Florida health care education and training program for the 176 health care field for which the veteran is “MMACOF Program 177 Health Care Qualified,” the department may issue to the veteran 178 an MMACOF Health Care Certificate that qualifies the unlicensed 179 veteran for employment with a participating health care provider 180 in a position matching the health care field listed on the 181 veteran’s MMACOF Health Care Certificate. 182 12. The veteran’s MMACOF Health Care Certificate is valid 183 for the length of time the veteran remains actively enrolled on 184 at least a half-time basis in an approved and accredited Florida 185 health care education and training program, and he or she may 186 continue to practice the skills approved by the Board of 187 Medicine in a participating civilian health care provider 188 setting while enrolled on at least a one-half time basis in an 189 accredited and approved Florida health care educational and 190 training program or accredited nursing program, as provided by 191 s. 464.019(4)(a). 192 13. The department shall provide by rule a method for 193 annual renewal of military-trained health care veterans’ MMACOF 194 Program Health Care Certifications. 195 14. A MMACOF Health Care Certificateholder must provide the 196 department and Florida Is For Veterans, Inc., with the following 197 information within 10 days after civilian employment under his 198 or her MMACOF Health Care Certificate with a participating 199 health care provider: 200 a. The name, address, and telephone number of the 201 participating health care provider that employs the military 202 trained health care veteran; and 203 b. The name and phone number of a contact health care 204 provider who is responsible for supervising the military-trained 205 health care veteran and who shall be in possession of a copy of 206 the list of practice skills for which the board has determined 207 the military-trained health care veteran has sufficient 208 experience to perform under supervision with his or her MMACOF 209 Health Care Certificate. 210 15. An MMACOF Health Care Certificateholder must notify the 211 department and Florida Is For Veterans, Inc., in writing within 212 10 days after: 213 a. The military-trained health care veteran’s termination 214 of employment with his or her participating health care 215 provider; or 216 b. The military-trained health care veteran’s failure to 217 remain in or maintain active enrollment on at least a half-time 218 basis in an approved and accredited Florida health care 219 education and training program. 220 16. A participating health care provider that employs a 221 military-trained health care veteran in any capacity must notify 222 the department and Florida Is For Veterans, Inc., in writing 223 within 10 days after the employment termination of a military 224 trained health care veteran, including the reasons for the 225 termination. 226 17. An approved and accredited Florida health care 227 education and training program that has enrolled a military 228 trained health care veteran who holds a MMACOF Health Care 229 Certificate and who is employed by a participating health care 230 provider must notify the department and Florida Is For Veterans, 231 Inc., in writing within 10 days after the: 232 a. Termination of the military-trained health care 233 veteran’s enrollment from the approved and accredited Florida 234 health care education and training program for any reason, 235 specifying the reasons for termination; 236 b. Military-trained health care veteran’s enrollment 237 dropping below a half-time basis; or 238 c. Military-trained health care veteran’s class absences 239 being of sufficient number to cause the military-trained health 240 care veteran to drop or fail classes, dropping his or her 241 enrollment to less than a half-time basis. 242 18. The following acts constitute grounds for denial of an 243 MMACOF Health Care Certificate or disciplinary action, as 244 specified in s. 456.072(2): 245 a. Obtaining or attempting to obtain an MMACOF Health Care 246 Certificate by bribery, fraud, or knowing misrepresentation. 247 b. Having an MMACOF Health Care Certificate revoked, 248 suspended, or otherwise acted against, including denial, in 249 another jurisdiction. 250 c. Being convicted or found guilty of, or entering a plea 251 of nolo contendere to, regardless of adjudication, a crime in 252 any jurisdiction which relates to practicing as a military 253 trained health care veteran under an MMACOF Health Care 254 Certificate. 255 d. Willfully making or filing a false report or record, 256 willfully failing to file a report or record that directly 257 relates to practicing as a military-trained health care veteran 258 under an MMACOF Health Care Certificate, or willfully impeding 259 or obstructing the filing of a report or record required by 260 another person. 261 e. Circulating false, misleading, or deceptive advertising. 262 f. Engaging in unprofessional conduct, including any 263 departure from or failure to conform to acceptable standards 264 related to practicing as a military-trained health care veteran 265 under an MMACOF Health Care Certificate. 266 g. Engaging or attempting to engage in the illegal 267 possession, sale, or distribution of any illegal or controlled 268 substance. 269 h. Willfully failing to report any known violation of 270 chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; 271 chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; 272 chapter 467; part I, part II, part III, part V, part X, part 273 XIII, or part XIV of chapter 468; chapter 478; chapter 480; part 274 I, part II, or part III of chapter 483; chapter 484; chapter 275 486; chapter 490; or chapter 491. 276 i. Engaging in the delivery of military-trained health care 277 skills without an active MMACOF Health Care Certificate. 278 j. Failing to perform any statutory or legal obligation 279 placed upon a military-trained health care veteran. 280 k. Accepting and performing professional responsibilities 281 that the certificateholder knows, or has reason to know, he or 282 she is not competent to perform. 283 l. Delegating military-trained heath care skills to a 284 person the certificateholder knows, or has reason to know, is 285 unqualified by training, experience, or licensure to perform. 286 m. Being judicially determined mentally incompetent. 287 n. Being unable to practice as a military-trained health 288 care veteran with reasonable skill and safety because of a 289 mental or physical condition or illness or the use of alcohol, 290 controlled substances, or any other substance that impairs one’s 291 ability to practice. 292 o. Disclosing the identity of or information about a 293 patient without written permission, except for information that 294 does not identify a patient and is used for training purposes in 295 an approved training program. 296 p. Violating any provision of this section or chapter 456, 297 or any rules adopted pursuant thereto. 298 q. The department may, upon probable cause, compel a 299 certificateholder to submit to a mental or physical examination 300 by physicians designated by the department. The cost of an 301 examination shall be borne by the certificateholder, and his or 302 her failure to submit to such an examination shall constitute an 303 admission of the allegations against him or her, consequent upon 304 which a default and a final order may be entered without the 305 taking of testimony or presentation of evidence, unless the 306 failure was due to circumstances beyond his or her control. 307 r. A certificateholder who is disciplined under this 308 paragraph shall, at reasonable intervals, be afforded an 309 opportunity to demonstrate that he or she can resume the 310 practice as a military-trained health care veteran with 311 reasonable skill and safety. 312 s. In any proceeding under this subparagraph, the record of 313 proceedings or the orders entered by the board may not be used 314 against a certificateholder in any other proceeding. 315 19. The department or Board of Medicine may enter an order 316 denying certification or imposing any of the penalties in s. 317 456.072(2) against any applicant for certification who is found 318 guilty of any of the violations specified in s. 456.072(1). 319 20. The department or Board of Medicine may not issue or 320 reinstate a military-trained heath care veteran’s MMACOF Health 321 Care Certificate to a person it has deemed unqualified until it 322 is satisfied that such person has complied with the terms and 323 conditions of the final order and that the certificateholder can 324 safely practice as a medically-trained health care veteran. 325 21. The Board of Medicine may, by rule, establish 326 guidelines for the disposition of disciplinary cases involving 327 specific violations. The guidelines may include minimum and 328 maximum fines, periods of supervision on probation, or 329 conditions upon probation or reissuance of a military-trained 330 health care veteran’s MMACOF Health Care Certificate. 331 (b) No Veteran Left Behind.—Veterans who do not meet the 332 definition of the term “military-trained health care veteran” 333 but who have served in health care-related fields shall receive 334 assistance from the MMACOF program in resume writing, 335 mentorship, and obtaining employment with participating health 336 care providers. 337 (c) Health Care Leadership.—The MMACOF program shall assist 338 veterans and their spouses, in the course of the veterans’ 339 military service, who have gained management experience or 340 completed any advanced degree in finding civilian health care 341 leadership and management employment in a variety of health care 342 disciplines. 343 (4) RULEMAKING AUTHORITY.—The department and the Board of 344 Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54 345 to implement this section. 346 Section 2. Subsection (2) of section 295.21, Florida 347 Statutes, is amended to read: 348 295.21 Florida Is For Veterans, Inc.— 349 (2) PURPOSE.— 350 (a) The purpose of the corporation is to promote Florida as 351 a veteran-friendly state that seeks to provide veterans with 352 employment opportunities and that promotes the hiring of 353 veterans by the business community. The corporation shall 354 encourage retired and recently separated military personnel to 355 remain in the state or to make the state their permanent 356 residence. The corporation shall promote the value of military 357 skill sets to businesses in the state, assist in tailoring the 358 training of veterans to match the needs of the employment 359 marketplace, and enhance the entrepreneurial skills of veterans. 360 (b) A subprogram dedicated to health care services 361 employment may be created under the Veterans Employment and 362 Training Services Program. The purpose of the health care 363 service program is to link veterans who have armed service 364 health care training and who are seeking employment in health 365 care fields to health care organizations seeking to hire 366 dedicated, well-trained workers. The program is to meet the 367 health care workforce demands of this state by facilitating 368 access to training and education in health fields for veterans 369 and to promote the health care licensing programs provided by 370 the state. 371 Section 3. This act shall take effect July 1, 2022. 372 373 ================= T I T L E A M E N D M E N T ================ 374 And the title is amended as follows: 375 Delete everything before the enacting clause 376 and insert: 377 A bill to be entitled 378 An act relating to the Military Medics and Corpsmen of 379 Florida program; creating s. 295.126, F.S.; defining 380 terms; authorizing the Department of Health to 381 establish the Military Medics and Corpsmen of Florida 382 (MMACOF) program in collaboration with Florida Is For 383 Veterans, Inc.; providing the purpose of MMACOF; 384 providing the components of the program; requiring 385 Florida Is For Veterans, Inc., to recruit and review 386 the eligibility of certain veterans for the program; 387 requiring Florida Is For Veterans, Inc., to assist 388 certain veterans with certain applications; requiring 389 the department to waive certain fees for such 390 applicants; providing application requirements; 391 requiring certain disclosures by an applicant; 392 requiring Florida Is For Veterans, Inc., to recruit, 393 establish, and maintain a statewide list of 394 participating health care providers; requiring the 395 participating health care providers to agree to 396 specified terms; requiring Florida Is For Veterans, 397 Inc., to assist such veterans with identifying and 398 applying to a participating health care providers for 399 employment; requiring the board to determine the areas 400 in which such veterans are eligible to practice; 401 requiring the board to specify which skills such 402 veterans may practice under direct supervision; 403 requiring the board to place such veterans in a 404 specified status if certain conditions are met; 405 requiring the department to provide such veterans with 406 specified information; providing that a certain status 407 expires within a certain timeframe if not renewed 408 before a specified date; requiring certain veterans to 409 provide specified information to the department; 410 authorizing the department to issue a certain 411 certificate to such veterans under specified 412 conditions; requiring the department to provide by 413 rule a method to renew such certificate; requiring 414 such veterans to provide the department specified 415 information within a certain timeframe after 416 employment; requiring a certificateholder to provide 417 Florida Is For Veterans, Inc., with specified 418 information within a certain timeframe; requiring 419 participating health care providers to provide certain 420 information to the department and to Florida Is For 421 Veterans, Inc., within a certain timeframe; requiring 422 certain education and training programs to provide the 423 department and Florida Is For Veterans, Inc., with 424 specified information within a specified timeframe; 425 providing acts that are grounds for denial of a 426 certificate or disciplinary action authorizing the 427 department or the board to enter certain orders; 428 prohibiting the department or the board from issuing 429 or reinstating a certificate until certain conditions 430 are met by the veteran; requiring the board to adopt 431 rules relating to disciplinary action; providing that 432 veterans who do not meet program requirements may 433 receive certain assistance from the program; requiring 434 the program to assist veterans and their spouses with 435 obtaining certain employment; authorizing the 436 department and the board to adopt rules; amending s. 437 295.21, F.S.; providing the purpose for a health care 438 service program for veterans through Florida Is For 439 Veterans, Inc.; providing an effective date.