Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 466
Ì521082|Î521082
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/13/2022 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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.