Florida Senate - 2022 CS for SB 466 By the Committee on Health Policy; and Senators Torres, Wright, Book, Taddeo, Stewart, Jones, Cruz, Rouson, Gibson, Powell, Ausley, Bracy, Burgess, and Harrell 588-01990-22 2022466c1 1 A bill to be entitled 2 An act relating to the Military Medics and Corpsmen of 3 Florida program; creating s. 295.126, F.S.; defining 4 terms; authorizing the Department of Health to 5 establish the Military Medics and Corpsmen of Florida 6 (MMACOF) program in collaboration with Florida Is For 7 Veterans, Inc.; providing the purpose of MMACOF; 8 providing the components of the program; requiring 9 Florida Is For Veterans, Inc., to recruit and review 10 the eligibility of certain veterans for the program; 11 requiring Florida Is For Veterans, Inc., to assist 12 certain veterans with certain applications; requiring 13 the department to waive certain fees for such 14 applicants; providing application requirements; 15 requiring certain disclosures by an applicant; 16 requiring Florida Is For Veterans, Inc., to recruit, 17 establish, and maintain a statewide list of 18 participating health care providers; requiring the 19 participating health care providers to agree to 20 specified terms; requiring Florida Is For Veterans, 21 Inc., to assist such veterans with identifying and 22 applying to a participating health care providers for 23 employment; requiring the Board of Medicine to 24 determine the areas in which such veterans are 25 eligible to practice; requiring the board to specify 26 which skills such veterans may practice under direct 27 supervision; requiring the board to place such 28 veterans in a specified status if certain conditions 29 are met; requiring the department to provide such 30 veterans with specified information; providing that a 31 certain status expires within a certain timeframe if 32 not renewed before a specified date; requiring certain 33 veterans to provide specified information to the 34 department; authorizing the department to issue a 35 certain certificate to such veterans under specified 36 conditions; providing that such certificate is valid 37 for a certain timeframe subject to specified 38 conditions; requiring the department to provide by 39 rule a method to renew such certificate; requiring 40 such veterans to provide the department specified 41 information within a certain timeframe after 42 employment; requiring a certificateholder to provide 43 Florida Is For Veterans, Inc., with specified 44 information within a certain timeframe; requiring 45 participating health care providers to provide certain 46 information to the department and to Florida Is For 47 Veterans, Inc., within a certain timeframe; requiring 48 certain education and training programs to provide the 49 department and Florida Is For Veterans, Inc., with 50 specified information within a specified timeframe; 51 providing acts that are grounds for denial of a 52 certificate or disciplinary action; authorizing the 53 department or the board to enter certain orders; 54 prohibiting the department or the board from issuing 55 or reinstating a certificate until certain conditions 56 are met by the veteran; requiring the board to adopt 57 rules relating to disciplinary action; providing that 58 veterans who do not meet program requirements may 59 receive certain assistance from the program; requiring 60 the program to assist veterans and their spouses with 61 obtaining certain employment; authorizing the 62 department and the board to adopt rules; amending s. 63 295.21, F.S.; providing the purpose for a health care 64 service program for veterans through Florida Is For 65 Veterans, Inc.; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Section 295.126, Florida Statutes, is created to 70 read: 71 295.126 Military Medics and Corpsmen of Florida (MMACOF) 72 program.— 73 (1) DEFINITIONS.—As used in this section, the term: 74 (a) “Department” means the Department of Health. 75 (b) “Military-trained health care veteran” means a person 76 who: 77 1. Has served within the preceding consecutive 12 months as 78 a medic in the United States Army, a medical technician in the 79 United States Air Force, a hospital corpsman in the United 80 States Navy, or a health services technician in the United 81 States Coast Guard; 82 2. Was discharged or separated from military service under 83 conditions other than dishonorable; 84 3. Has received “MMACOF Health Care Program Qualified” 85 status from the department under paragraph (3)(a); 86 4. Is enrolled, on at least a half-time basis, in an 87 approved and accredited Florida health care education and 88 training program specific to the health care field for which the 89 department has issued the veteran his or her “MMACOF Health Care 90 Program Qualified” status; and 91 5. Has applied for and received approval from the 92 department for the MMACOF Health Care Certification program. 93 (c) “Participating health care provider” means: 94 1. A physician licensed under chapter 458 or an osteopathic 95 physician licensed under chapter 459; 96 2. A professional corporation or partnership of physicians 97 licensed under chapter 458 or osteopathic physicians licensed 98 under chapter 459; 99 3. A hospital or ambulatory surgical center licensed under 100 chapter 395; 101 4. An office registered under s. 458.328 or s. 459.0138; 102 5. A commercial enterprise having medical facilities for 103 its employees, which are supervised by one or more physicians 104 licensed under chapter 458 or osteopathic physicians licensed 105 under chapter 459; or 106 6. A facility licensed under chapter 395 which offers 107 medical services to the public and is supervised by one or more 108 physicians licensed under chapter 458 or osteopathic physicians 109 licensed under chapter 459. 110 (d) “Veteran” has the same meaning as in s. 1.01(14) or 111 means a former member of the Florida National Guard. 112 (2) PROGRAM ESTABLISHMENT AND PURPOSES.—The department, in 113 collaboration with Florida Is For Veterans, Inc., may establish 114 and administer the Military Medics and Corpsmen of Florida 115 (MMACOF) program. The purpose of the program is to offer 116 clinical, leadership, and nonclinical career pathways to 117 veterans and their spouses seeking careers in health care or 118 health care-related fields within this state. 119 (3) PROGRAM COMPONENTS.—The MMACOF program shall consist of 120 the following components: 121 (a) MMACOF Health Care Certification program.— 122 1. Florida Is For Veterans, Inc., shall recruit and review 123 the military eligibility of veterans according to the military 124 requirements for acceptance into the MMACOF Health Care 125 Certification program. 126 2. Florida Is For Veterans, Inc., shall assist each 127 individual veteran in completing a department MMACOF Health Care 128 Certification program application form, which must be developed 129 by the department and each board, or the department if there is 130 no board. The department shall waive the application fee, 131 certificate fee, and unlicensed activity fee for such 132 applicants. 133 3. The MMACOF Health Care Certification program application 134 must include, but is not limited to, the following information: 135 a. The individual’s civilian and military education; health 136 care education and training; a list of practice skills regularly 137 performed in the military during service as a medic in the 138 United States Army, a medical technician in the United States 139 Air Force, a hospital corpsman in the United States Navy, or a 140 health services technician in the United States Coast Guard; and 141 any other health care-related education or experience the 142 individual has received as a civilian or as an active duty 143 servicemember; and 144 b.(I) A disclosure by the MMACOF Health Care Certification 145 program applicant stating whether he or she is currently 146 enrolled, on at least a half-time basis, in an approved and 147 accredited Florida health care education and training program 148 for a specified health care practice area listed in subparagraph 149 6., and the status of that enrollment; or 150 (II) If the MMACOF Health Care Certification program 151 applicant is not currently enrolled in an approved and 152 accredited Florida health care education and training program, 153 the applicant’s preference for the health care practice area in 154 which he or she seeks to pursue future education and training 155 and, if known, which approved and accredited Florida health care 156 education and training program he or she plans to enter under 157 the MMACOF Health Care Certification program. 158 4. Florida Is For Veterans, Inc., shall recruit, establish, 159 and maintain a statewide list of MMACOF Health Care 160 Certification program participating health care providers. 161 Participating health care providers must agree to employ 162 unlicensed but military-trained health care veterans who hold an 163 MMACOF Health Care Certificate in specific health care fields; 164 are qualified to perform specific health care skills under the 165 direct supervision of a licensed health care provider in the 166 specific field, and are enrolled on at least a half-time basis 167 in an approved and accredited Florida health care education and 168 training program for the health care field specified on the 169 veteran’s MMACOF Health Care Certificate. 170 5. Florida Is For Veterans, Inc., shall assist veterans who 171 hold an MMACOF Health Care Certificate in identifying 172 participating health care providers for potential employment, 173 including providing assistance with resume writing, application 174 completion, and interviewing skills. 175 6. The Board of Medicine shall review, in consultation with 176 any other professional board it deems appropriate, each 177 veteran’s individual MMACOF Health Care Certification program 178 application and, based on criteria set forth in board rule, 179 shall determine within 30 days in which of the following health 180 care practice areas the individual veteran is eligible to 181 practice under the direct supervision of a health care 182 practitioner, as defined by the specific profession’s practice 183 act, while the veteran is enrolled on at least a half-time basis 184 in an approved and accredited Florida health care education and 185 training program for one of the following practice areas: 186 a. Certified nursing assistant; 187 b. Dental assistant; 188 c. Dental hygienist; 189 d. Emergency medical technologist; 190 e. Licensed practical nurse; 191 f. Laboratory technologist; 192 g. Medical assistant; 193 h. Optician; 194 i. Physician assistant; 195 j. Occupational therapy assistant; 196 k. Radiologic technologist; 197 l. Registered nurse; 198 m. Respiratory care or therapy technician; 199 n. Paramedic; 200 o. Pharmacy technician; 201 p. Physical therapist assistant; or 202 q. Physical therapist. 203 7. The Board of Medicine shall delineate the practice 204 skills that the military-trained health care veteran is 205 permitted to perform under the direct supervision of a licensed 206 health care practitioner in the field in which the veteran is to 207 practice. 208 8. Once the Board of Medicine has determined from the 209 information submitted by the MMACOF Health Care Certification 210 program applicant that he or she has sufficient civilian or 211 military health care education and training in one or more 212 health care practice areas set out in subparagraph 6., the 213 veteran’s application shall be given “MMACOF Health Care Program 214 Qualified” status, and the veteran shall be notified of this 215 status in writing within 14 days. The department must also 216 provide the veteran with a list of practice skills the Board of 217 Medicine has determined he or she has experience to perform 218 under direct supervision when employed by a participating health 219 care provider after obtaining his or her MMACOF Health Care 220 Certificate. The notification to the veteran of “MMACOF Health 221 Care Program Qualified” status must include instructions on how 222 the veteran may obtain an MMACOF Health Care Certificate. 223 9. The Board of Medicine’s initial determination of the 224 veteran’s “MMACOF Program Health Care Qualified” status expires 225 18 months after its first issuance, unless the veteran applies 226 for an MMACOF Health Care Certificate before the expiration 227 date. 228 10. To obtain an MMACOF Health Care Certificate, a veteran 229 whose MMACOF Health Care Certification application is in “MMACOF 230 Program Health Care Qualified” status must provide to the 231 department documentation of his or her enrollment on at least a 232 half-time basis, signed by the registrar or similar 233 representative of the approved and accredited Florida health 234 care education and training program, for his or her approved 235 health care field on a form or in the manner prescribed by 236 department rule. 237 11. Upon receipt by the department of the veteran’s proof 238 of at least half-time enrollment in an approved and accredited 239 Florida health care education and training program for the 240 health care field for which the veteran is “MMACOF Program 241 Health Care Qualified,” the department may issue to the veteran 242 an MMACOF Health Care Certificate that qualifies the unlicensed 243 veteran for employment with a participating health care provider 244 in a position matching the health care field listed on the 245 veteran’s MMACOF Health Care Certificate. 246 12. The veteran’s MMACOF Health Care Certificate is valid 247 for the length of time the veteran remains actively enrolled on 248 at least a half-time basis in an approved and accredited Florida 249 health care education and training program, and he or she may 250 continue to practice the skills approved by the Board of 251 Medicine in a participating civilian health care provider 252 setting while enrolled on at least a one-half time basis in an 253 accredited and approved Florida health care educational and 254 training program or accredited nursing program, as provided by 255 s. 464.019(4)(a). 256 13. The department shall provide by rule a method for 257 annual renewal of military-trained health care veterans’ MMACOF 258 Program Health Care Certifications. 259 14. A MMACOF Health Care Certificateholder must provide the 260 department and Florida Is For Veterans, Inc., with the following 261 information within 10 days after civilian employment under his 262 or her MMACOF Health Care Certificate with a participating 263 health care provider: 264 a. The name, address, and telephone number of the 265 participating health care provider that employs the military 266 trained health care veteran; and 267 b. The name and phone number of a contact health care 268 provider who is responsible for supervising the military-trained 269 health care veteran and who shall be in possession of a copy of 270 the list of practice skills for which the board has determined 271 the military-trained health care veteran has sufficient 272 experience to perform under supervision with his or her MMACOF 273 Health Care Certificate. 274 15. An MMACOF Health Care Certificateholder must notify the 275 department and Florida Is For Veterans, Inc., in writing within 276 10 days after: 277 a. The military-trained health care veteran’s termination 278 of his or her employment with a participating health care 279 provider; or 280 b. The military-trained health care veteran’s failure to 281 remain in or maintain active enrollment on at least a half-time 282 basis in an approved and accredited Florida health care 283 education and training program. 284 16. A participating health care provider that employs a 285 military-trained health care veteran in any capacity must notify 286 the department and Florida Is For Veterans, Inc., in writing 287 within 10 days after the employment termination of a military 288 trained health care veteran, including the reasons for the 289 termination. 290 17. An approved and accredited Florida health care 291 education and training program that has enrolled a military 292 trained health care veteran who holds a MMACOF Health Care 293 Certificate and who is employed by a participating health care 294 provider must notify the department and Florida Is For Veterans, 295 Inc., in writing within 10 days after the: 296 a. Termination of the military-trained health care 297 veteran’s enrollment from the approved and accredited Florida 298 health care education and training program for any reason, 299 specifying the reasons for termination; 300 b. Military-trained health care veteran’s enrollment 301 dropping below a half-time basis; or 302 c. Military-trained health care veteran’s class absences 303 being of sufficient number to cause the military-trained health 304 care veteran to drop or fail classes, dropping his or her 305 enrollment to less than a half-time basis. 306 18. The following acts constitute grounds for denial of an 307 MMACOF Health Care Certificate or disciplinary action, as 308 specified in s. 456.072(2): 309 a. Obtaining or attempting to obtain an MMACOF Health Care 310 Certificate by bribery, fraud, or knowing misrepresentation. 311 b. Having an MMACOF Health Care Certificate revoked, 312 suspended, or otherwise acted against, including denial, in 313 another jurisdiction. 314 c. Being convicted or found guilty of, or entering a plea 315 of nolo contendere to, regardless of adjudication, a crime in 316 any jurisdiction which relates to practicing as a military 317 trained health care veteran under an MMACOF Health Care 318 Certificate. 319 d. Willfully making or filing a false report or record, 320 willfully failing to file a report or record that directly 321 relates to practicing as a military-trained health care veteran 322 under an MMACOF Health Care Certificate, or willfully impeding 323 or obstructing the filing of a report or record required by 324 another person. 325 e. Circulating false, misleading, or deceptive advertising. 326 f. Engaging in unprofessional conduct, including any 327 departure from or failure to conform to acceptable standards 328 related to practicing as a military-trained health care veteran 329 under an MMACOF Health Care Certificate. 330 g. Engaging or attempting to engage in the illegal 331 possession, sale, or distribution of any illegal or controlled 332 substance. 333 h. Willfully failing to report any known violation of 334 chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; 335 chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; 336 chapter 467; part I, part II, part III, part V, part X, part 337 XIII, or part XIV of chapter 468; chapter 478; chapter 480; part 338 I, part II, or part III of chapter 483; chapter 484; chapter 339 486; chapter 490; or chapter 491. 340 i. Engaging in the delivery of military-trained health care 341 skills without an active MMACOF Health Care Certificate. 342 j. Failing to perform any statutory or legal obligation 343 placed upon a military-trained health care veteran. 344 k. Accepting and performing professional responsibilities 345 that the certificateholder knows, or has reason to know, he or 346 she is not competent to perform. 347 l. Delegating military-trained health care skills to a 348 person the certificateholder knows, or has reason to know, is 349 unqualified by training, experience, or licensure to perform. 350 m. Being judicially determined mentally incompetent. 351 n. Being unable to practice as a military-trained health 352 care veteran with reasonable skill and safety because of a 353 mental or physical condition or illness or the use of alcohol, 354 controlled substances, or any other substance that impairs one’s 355 ability to practice. 356 o. Disclosing the identity of or information about a 357 patient without written permission, except for information that 358 does not identify a patient and is used for training purposes in 359 an approved training program. 360 p. Violating any provision of this section or chapter 456, 361 or any rules adopted pursuant thereto. 362 q. The department may, upon probable cause, compel a 363 certificateholder to submit to a mental or physical examination 364 by physicians designated by the department. The cost of an 365 examination shall be borne by the certificateholder, and his or 366 her failure to submit to such an examination shall constitute an 367 admission of the allegations against him or her, consequent upon 368 which a default and a final order may be entered without the 369 taking of testimony or presentation of evidence, unless the 370 failure was due to circumstances beyond his or her control. 371 r. A certificateholder disciplined under this paragraph 372 shall, at reasonable intervals, be afforded an opportunity to 373 demonstrate that he or she can resume the practice as a 374 military-trained health care veteran with reasonable skill and 375 safety. 376 s. In any proceeding under this subparagraph, the record of 377 proceedings or the orders entered by the board may not be used 378 against a certificateholder in any other proceeding. 379 19. The department or Board of Medicine may enter an order 380 denying certification or imposing any of the penalties in s. 381 456.072(2) against any applicant for certification who is found 382 guilty of any of the violations specified in s. 456.072(1). 383 20. The department or Board of Medicine may not issue or 384 reinstate a military-trained health care veteran’s MMACOF Health 385 Care Certificate to a person it deemed unqualified until it is 386 satisfied that such person has complied with the terms and 387 conditions of the final order and that the certificateholder can 388 safely practice as a military-trained health care veteran. 389 21. The Board of Medicine may, by rule, establish 390 guidelines for the disposition of disciplinary cases involving 391 specific violations. The guidelines may include minimum and 392 maximum fines, periods of supervision during probation, or 393 conditions upon probation or reissuance of a military-trained 394 health care veteran’s MMACOF Health Care Certificate. 395 (b) No Veteran Left Behind.—Veterans who do not meet the 396 definition of the term “military-trained health care veteran” 397 but who have served in health care-related fields shall receive 398 assistance from the MMACOF program in resume writing, 399 mentorship, and obtaining employment with participating health 400 care providers. 401 (c) Health Care Leadership.—The MMACOF program shall assist 402 veterans and their spouses, in the course of the veterans’ 403 military service, who have gained management experience or have 404 completed any advanced degree in finding civilian health care 405 leadership and management employment in a variety of health care 406 disciplines. 407 (4) RULEMAKING AUTHORITY.—The department and the Board of 408 Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54 409 to implement this section. 410 Section 2. Subsection (2) of section 295.21, Florida 411 Statutes, is amended to read: 412 295.21 Florida Is For Veterans, Inc.— 413 (2) PURPOSE.— 414 (a) The purpose of the corporation is to promote Florida as 415 a veteran-friendly state that seeks to provide veterans with 416 employment opportunities and that promotes the hiring of 417 veterans by the business community. The corporation shall 418 encourage retired and recently separated military personnel to 419 remain in the state or to make the state their permanent 420 residence. The corporation shall promote the value of military 421 skill sets to businesses in the state, assist in tailoring the 422 training of veterans to match the needs of the employment 423 marketplace, and enhance the entrepreneurial skills of veterans. 424 (b) A subprogram dedicated to health care services 425 employment may be created under the Veterans Employment and 426 Training Services Program. The purpose of the health care 427 service program is to link veterans who have armed service 428 health care training and who are seeking employment in health 429 care fields to health care organizations seeking to hire 430 dedicated, well-trained workers. The program is to meet the 431 health care workforce demands of this state by facilitating 432 access to training and education in health fields for veterans 433 and to promote the health care licensing programs provided by 434 the state. 435 Section 3. This act shall take effect July 1, 2022.