Florida Senate - 2022                              CS for SB 768
       
       
        
       By the Committee on Health Policy; and Senator Rodriguez
       
       
       
       
       
       588-02346-22                                           2022768c1
    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. 381.0303,
   16         F.S.; removing the Children’s Medical Services office
   17         from parties required to coordinate in the development
   18         of local emergency management plans for special needs
   19         shelters; amending s. 381.986, F.S.; authorizing the
   20         department to select samples of marijuana from medical
   21         marijuana treatment center facilities for certain
   22         testing; authorizing the department to select samples
   23         of marijuana delivery devices from medical marijuana
   24         treatment centers to determine whether such devices
   25         are safe for use; requiring medical marijuana
   26         treatment centers to recall marijuana and marijuana
   27         delivery devices, instead of just edibles, under
   28         certain circumstances; exempting the department and
   29         its employees from criminal provisions if they
   30         acquire, possess, test, transport, or lawfully dispose
   31         of marijuana and marijuana delivery devices under
   32         certain circumstances; amending s. 456.039, F.S.;
   33         requiring certain applicants for licensure as
   34         physicians to provide specified documentation to the
   35         department at the time of application; amending s.
   36         460.406, F.S.; revising provisions related to
   37         chiropractic physician licensing; amending s. 464.008,
   38         F.S.; deleting a requirement that certain nursing
   39         program graduates complete a specified preparatory
   40         course; amending s. 464.018, F.S.; revising grounds
   41         for disciplinary action against licensed nurses;
   42         amending s. 467.003, F.S.; revising and defining
   43         terms; amending s. 467.009, F.S.; revising provisions
   44         related to accredited and approved midwifery programs;
   45         amending s. 467.011, F.S.; revising requirements for
   46         licensure of midwives; amending s. 467.0125, F.S.;
   47         revising requirements for licensure by endorsement of
   48         midwives; revising requirements for temporary
   49         certificates to practice midwifery in this state;
   50         amending s. 467.205, F.S.; revising provisions
   51         relating to approval, continued monitoring,
   52         probationary status, provisional approval, and
   53         approval rescission of midwifery programs; amending s.
   54         468.803, F.S.; revising provisions related to
   55         orthotist and prosthetist registration, examination,
   56         and licensing; amending s. 483.824, F.S.; revising
   57         educational requirements for clinical laboratory
   58         directors; amending s. 490.003, F.S.; defining the
   59         terms “doctoral degree from an American Psychological
   60         Association accredited program” and “doctoral degree
   61         in psychology”; amending ss. 490.005 and 490.0051,
   62         F.S.; revising education requirements for psychologist
   63         licensure and provisional licensure, respectively;
   64         amending s. 491.005, F.S.; revising requirements for
   65         licensure of clinical social workers, marriage and
   66         family therapists, and mental health counselors;
   67         amending s. 766.314, F.S.; deleting obsolete language
   68         and updating provisions to conform to current law;
   69         revising the frequency with which the department must
   70         submit certain reports to the Florida Birth-Related
   71         Neurological Injury Compensation Association; revising
   72         the content of such reports; authorizing the
   73         association to enforce the collection of certain
   74         assessments in circuit court under certain
   75         circumstances; requiring the association to notify the
   76         department and the applicable regulatory board of any
   77         unpaid final judgment against a physician within a
   78         specified timeframe; providing effective dates.
   79          
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Subsections (2) and (3) of section 381.0045,
   83  Florida Statutes, are amended to read:
   84         381.0045 Targeted outreach for pregnant women.—
   85         (2) It is the purpose of this section to establish a
   86  targeted outreach program for high-risk pregnant women who may
   87  not seek proper prenatal care, who suffer from substance abuse
   88  or mental health problems, or who have acquired are infected
   89  with human immunodeficiency virus (HIV), and to provide these
   90  women with links to much-needed much needed services and
   91  information.
   92         (3) The department shall:
   93         (a) Conduct outreach programs through contracts with,
   94  grants to, or other working relationships with persons or
   95  entities where the target population is likely to be found.
   96         (b) Provide outreach that is peer-based, culturally
   97  sensitive, and performed in a nonjudgmental manner.
   98         (c) Encourage high-risk pregnant women of unknown status to
   99  be tested for HIV and other sexually transmissible diseases as
  100  specified by department rule.
  101         (d) Educate women not receiving prenatal care as to the
  102  benefits of such care.
  103         (e) Provide HIV-infected pregnant women who have HIV with
  104  information on the need for antiretroviral medication for their
  105  newborn, their medication options, and how they can access the
  106  medication after their discharge from the hospital so they can
  107  make an informed decision about the use of Zidovudine (AZT).
  108         (f) Link women with substance abuse treatment and mental
  109  health services, when available, and act as a liaison with
  110  Healthy Start coalitions, children’s medical services, Ryan
  111  White-funded providers, and other services of the Department of
  112  Health.
  113         (g) Educate pregnant women who have HIV on the importance
  114  of engaging in and continuing HIV care.
  115         (h) Provide continued oversight of any newborn exposed to
  116  HIV to determine the newborn’s final HIV status and ensure
  117  continued linkage to care if the newborn is diagnosed with HIV
  118  to HIV-exposed newborns.
  119         Section 2. Paragraphs (a) and (c) of subsection (2) of
  120  section 381.0303, Florida Statutes, are amended to read:
  121         381.0303 Special needs shelters.—
  122         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
  123  ASSISTANCE.—If funds have been appropriated to support disaster
  124  coordinator positions in county health departments:
  125         (a) The department shall assume lead responsibility for the
  126  coordination of local medical and health care providers, the
  127  American Red Cross, and other interested parties in developing a
  128  plan for the staffing and medical management of special needs
  129  shelters and. The local Children’s Medical Services offices
  130  shall assume lead responsibility for the coordination of local
  131  medical and health care providers, the American Red Cross, and
  132  other interested parties in developing a plan for the staffing
  133  and medical management of pediatric special needs shelters.
  134  Plans must conform to the local comprehensive emergency
  135  management plan.
  136         (c) The appropriate county health department, Children’s
  137  Medical Services office, and local emergency management agency
  138  shall jointly decide who has responsibility for medical
  139  supervision in each special needs shelter.
  140         Section 3. Present paragraphs (e) through (h) of subsection
  141  (14) of section 381.986, Florida Statutes, are redesignated as
  142  paragraphs (f) through (i), respectively, a new paragraph (e) is
  143  added to that subsection, and paragraph (e) of subsection (8) of
  144  that section is amended, to read:
  145         381.986 Medical use of marijuana.—
  146         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  147         (e) A licensed medical marijuana treatment center shall
  148  cultivate, process, transport, and dispense marijuana for
  149  medical use. A licensed medical marijuana treatment center may
  150  not contract for services directly related to the cultivation,
  151  processing, and dispensing of marijuana or marijuana delivery
  152  devices, except that a medical marijuana treatment center
  153  licensed pursuant to subparagraph (a)1. may contract with a
  154  single entity for the cultivation, processing, transporting, and
  155  dispensing of marijuana and marijuana delivery devices. A
  156  licensed medical marijuana treatment center must, at all times,
  157  maintain compliance with the criteria demonstrated and
  158  representations made in the initial application and the criteria
  159  established in this subsection. Upon request, the department may
  160  grant a medical marijuana treatment center a variance from the
  161  representations made in the initial application. Consideration
  162  of such a request shall be based upon the individual facts and
  163  circumstances surrounding the request. A variance may not be
  164  granted unless the requesting medical marijuana treatment center
  165  can demonstrate to the department that it has a proposed
  166  alternative to the specific representation made in its
  167  application which fulfills the same or a similar purpose as the
  168  specific representation in a way that the department can
  169  reasonably determine will not be a lower standard than the
  170  specific representation in the application. A variance may not
  171  be granted from the requirements in subparagraph 2. and
  172  subparagraphs (b)1. and 2.
  173         1. A licensed medical marijuana treatment center may
  174  transfer ownership to an individual or entity who meets the
  175  requirements of this section. A publicly traded corporation or
  176  publicly traded company that meets the requirements of this
  177  section is not precluded from ownership of a medical marijuana
  178  treatment center. To accommodate a change in ownership:
  179         a. The licensed medical marijuana treatment center shall
  180  notify the department in writing at least 60 days before the
  181  anticipated date of the change of ownership.
  182         b. The individual or entity applying for initial licensure
  183  due to a change of ownership must submit an application that
  184  must be received by the department at least 60 days before the
  185  date of change of ownership.
  186         c. Upon receipt of an application for a license, the
  187  department shall examine the application and, within 30 days
  188  after receipt, notify the applicant in writing of any apparent
  189  errors or omissions and request any additional information
  190  required.
  191         d. Requested information omitted from an application for
  192  licensure must be filed with the department within 21 days after
  193  the department’s request for omitted information or the
  194  application shall be deemed incomplete and shall be withdrawn
  195  from further consideration and the fees shall be forfeited.
  196         e. Within 30 days after the receipt of a complete
  197  application, the department shall approve or deny the
  198  application.
  199         2. A medical marijuana treatment center, and any individual
  200  or entity who directly or indirectly owns, controls, or holds
  201  with power to vote 5 percent or more of the voting shares of a
  202  medical marijuana treatment center, may not acquire direct or
  203  indirect ownership or control of any voting shares or other form
  204  of ownership of any other medical marijuana treatment center.
  205         3. A medical marijuana treatment center may not enter into
  206  any form of profit-sharing arrangement with the property owner
  207  or lessor of any of its facilities where cultivation,
  208  processing, storing, or dispensing of marijuana and marijuana
  209  delivery devices occurs.
  210         4. All employees of a medical marijuana treatment center
  211  must be 21 years of age or older and have passed a background
  212  screening pursuant to subsection (9).
  213         5. Each medical marijuana treatment center must adopt and
  214  enforce policies and procedures to ensure employees and
  215  volunteers receive training on the legal requirements to
  216  dispense marijuana to qualified patients.
  217         6. When growing marijuana, a medical marijuana treatment
  218  center:
  219         a. May use pesticides determined by the department, after
  220  consultation with the Department of Agriculture and Consumer
  221  Services, to be safely applied to plants intended for human
  222  consumption, but may not use pesticides designated as
  223  restricted-use pesticides pursuant to s. 487.042.
  224         b. Must grow marijuana within an enclosed structure and in
  225  a room separate from any other plant.
  226         c. Must inspect seeds and growing plants for plant pests
  227  that endanger or threaten the horticultural and agricultural
  228  interests of the state in accordance with chapter 581 and any
  229  rules adopted thereunder.
  230         d. Must perform fumigation or treatment of plants, or
  231  remove and destroy infested or infected plants, in accordance
  232  with chapter 581 and any rules adopted thereunder.
  233         7. Each medical marijuana treatment center must produce and
  234  make available for purchase at least one low-THC cannabis
  235  product.
  236         8. A medical marijuana treatment center that produces
  237  edibles must hold a permit to operate as a food establishment
  238  pursuant to chapter 500, the Florida Food Safety Act, and must
  239  comply with all the requirements for food establishments
  240  pursuant to chapter 500 and any rules adopted thereunder.
  241  Edibles may not contain more than 200 milligrams of
  242  tetrahydrocannabinol, and a single serving portion of an edible
  243  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  244  may have a potency variance of no greater than 15 percent.
  245  Edibles may not be attractive to children; be manufactured in
  246  the shape of humans, cartoons, or animals; be manufactured in a
  247  form that bears any reasonable resemblance to products available
  248  for consumption as commercially available candy; or contain any
  249  color additives. To discourage consumption of edibles by
  250  children, the department shall determine by rule any shapes,
  251  forms, and ingredients allowed and prohibited for edibles.
  252  Medical marijuana treatment centers may not begin processing or
  253  dispensing edibles until after the effective date of the rule.
  254  The department shall also adopt sanitation rules providing the
  255  standards and requirements for the storage, display, or
  256  dispensing of edibles.
  257         9. Within 12 months after licensure, a medical marijuana
  258  treatment center must demonstrate to the department that all of
  259  its processing facilities have passed a Food Safety Good
  260  Manufacturing Practices, such as Global Food Safety Initiative
  261  or equivalent, inspection by a nationally accredited certifying
  262  body. A medical marijuana treatment center must immediately stop
  263  processing at any facility which fails to pass this inspection
  264  until it demonstrates to the department that such facility has
  265  met this requirement.
  266         10. A medical marijuana treatment center that produces
  267  prerolled marijuana cigarettes may not use wrapping paper made
  268  with tobacco or hemp.
  269         11. When processing marijuana, a medical marijuana
  270  treatment center must:
  271         a. Process the marijuana within an enclosed structure and
  272  in a room separate from other plants or products.
  273         b. Comply with department rules when processing marijuana
  274  with hydrocarbon solvents or other solvents or gases exhibiting
  275  potential toxicity to humans. The department shall determine by
  276  rule the requirements for medical marijuana treatment centers to
  277  use such solvents or gases exhibiting potential toxicity to
  278  humans.
  279         c. Comply with federal and state laws and regulations and
  280  department rules for solid and liquid wastes. The department
  281  shall determine by rule procedures for the storage, handling,
  282  transportation, management, and disposal of solid and liquid
  283  waste generated during marijuana production and processing. The
  284  Department of Environmental Protection shall assist the
  285  department in developing such rules.
  286         d. Test the processed marijuana using a medical marijuana
  287  testing laboratory before it is dispensed. Results must be
  288  verified and signed by two medical marijuana treatment center
  289  employees. Before dispensing, the medical marijuana treatment
  290  center must determine that the test results indicate that low
  291  THC cannabis meets the definition of low-THC cannabis, the
  292  concentration of tetrahydrocannabinol meets the potency
  293  requirements of this section, the labeling of the concentration
  294  of tetrahydrocannabinol and cannabidiol is accurate, and all
  295  marijuana is safe for human consumption and free from
  296  contaminants that are unsafe for human consumption. The
  297  department shall determine by rule which contaminants must be
  298  tested for and the maximum levels of each contaminant which are
  299  safe for human consumption. The Department of Agriculture and
  300  Consumer Services shall assist the department in developing the
  301  testing requirements for contaminants that are unsafe for human
  302  consumption in edibles. The department shall also determine by
  303  rule the procedures for the treatment of marijuana that fails to
  304  meet the testing requirements of this section, s. 381.988, or
  305  department rule. The department may select samples of marijuana
  306  a random sample from edibles available for purchase in a medical
  307  marijuana treatment center dispensing facility which shall be
  308  tested by the department to determine whether that the marijuana
  309  edible meets the potency requirements of this section, is safe
  310  for human consumption, and is accurately labeled with the
  311  labeling of the tetrahydrocannabinol and cannabidiol
  312  concentration or to verify the result of marijuana testing
  313  conducted by a marijuana testing laboratory. The department may
  314  also select samples of marijuana delivery devices from a medical
  315  marijuana treatment center to determine whether the marijuana
  316  delivery device is safe for use by qualified patients is
  317  accurate. A medical marijuana treatment center may not require
  318  payment from the department for the sample. A medical marijuana
  319  treatment center must recall marijuana edibles, including all
  320  marijuana and marijuana products edibles made from the same
  321  batch of marijuana, that fails which fail to meet the potency
  322  requirements of this section, that is which are unsafe for human
  323  consumption, or for which the labeling of the
  324  tetrahydrocannabinol and cannabidiol concentration is
  325  inaccurate. A medical marijuana treatment center must also
  326  recall all marijuana delivery devices determined to be unsafe
  327  for use by qualified patients. The medical marijuana treatment
  328  center must retain records of all testing and samples of each
  329  homogenous batch of marijuana for at least 9 months. The medical
  330  marijuana treatment center must contract with a marijuana
  331  testing laboratory to perform audits on the medical marijuana
  332  treatment center’s standard operating procedures, testing
  333  records, and samples and provide the results to the department
  334  to confirm that the marijuana or low-THC cannabis meets the
  335  requirements of this section and that the marijuana or low-THC
  336  cannabis is safe for human consumption. A medical marijuana
  337  treatment center shall reserve two processed samples from each
  338  batch and retain such samples for at least 9 months for the
  339  purpose of such audits. A medical marijuana treatment center may
  340  use a laboratory that has not been certified by the department
  341  under s. 381.988 until such time as at least one laboratory
  342  holds the required certification, but in no event later than
  343  July 1, 2018.
  344         e. Package the marijuana in compliance with the United
  345  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  346  1471 et seq.
  347         f. Package the marijuana in a receptacle that has a firmly
  348  affixed and legible label stating the following information:
  349         (I) The marijuana or low-THC cannabis meets the
  350  requirements of sub-subparagraph d.
  351         (II) The name of the medical marijuana treatment center
  352  from which the marijuana originates.
  353         (III) The batch number and harvest number from which the
  354  marijuana originates and the date dispensed.
  355         (IV) The name of the physician who issued the physician
  356  certification.
  357         (V) The name of the patient.
  358         (VI) The product name, if applicable, and dosage form,
  359  including concentration of tetrahydrocannabinol and cannabidiol.
  360  The product name may not contain wording commonly associated
  361  with products marketed by or to children.
  362         (VII) The recommended dose.
  363         (VIII) A warning that it is illegal to transfer medical
  364  marijuana to another person.
  365         (IX) A marijuana universal symbol developed by the
  366  department.
  367         12. The medical marijuana treatment center shall include in
  368  each package a patient package insert with information on the
  369  specific product dispensed related to:
  370         a. Clinical pharmacology.
  371         b. Indications and use.
  372         c. Dosage and administration.
  373         d. Dosage forms and strengths.
  374         e. Contraindications.
  375         f. Warnings and precautions.
  376         g. Adverse reactions.
  377         13. In addition to the packaging and labeling requirements
  378  specified in subparagraphs 11. and 12., marijuana in a form for
  379  smoking must be packaged in a sealed receptacle with a legible
  380  and prominent warning to keep away from children and a warning
  381  that states marijuana smoke contains carcinogens and may
  382  negatively affect health. Such receptacles for marijuana in a
  383  form for smoking must be plain, opaque, and white without
  384  depictions of the product or images other than the medical
  385  marijuana treatment center’s department-approved logo and the
  386  marijuana universal symbol.
  387         14. The department shall adopt rules to regulate the types,
  388  appearance, and labeling of marijuana delivery devices dispensed
  389  from a medical marijuana treatment center. The rules must
  390  require marijuana delivery devices to have an appearance
  391  consistent with medical use.
  392         15. Each edible shall be individually sealed in plain,
  393  opaque wrapping marked only with the marijuana universal symbol.
  394  Where practical, each edible shall be marked with the marijuana
  395  universal symbol. In addition to the packaging and labeling
  396  requirements in subparagraphs 11. and 12., edible receptacles
  397  must be plain, opaque, and white without depictions of the
  398  product or images other than the medical marijuana treatment
  399  center’s department-approved logo and the marijuana universal
  400  symbol. The receptacle must also include a list of all the
  401  edible’s ingredients, storage instructions, an expiration date,
  402  a legible and prominent warning to keep away from children and
  403  pets, and a warning that the edible has not been produced or
  404  inspected pursuant to federal food safety laws.
  405         16. When dispensing marijuana or a marijuana delivery
  406  device, a medical marijuana treatment center:
  407         a. May dispense any active, valid order for low-THC
  408  cannabis, medical cannabis and cannabis delivery devices issued
  409  pursuant to former s. 381.986, Florida Statutes 2016, which was
  410  entered into the medical marijuana use registry before July 1,
  411  2017.
  412         b. May not dispense more than a 70-day supply of marijuana
  413  within any 70-day period to a qualified patient or caregiver.
  414  May not dispense more than one 35-day supply of marijuana in a
  415  form for smoking within any 35-day period to a qualified patient
  416  or caregiver. A 35-day supply of marijuana in a form for smoking
  417  may not exceed 2.5 ounces unless an exception to this amount is
  418  approved by the department pursuant to paragraph (4)(f).
  419         c. Must have the medical marijuana treatment center’s
  420  employee who dispenses the marijuana or a marijuana delivery
  421  device enter into the medical marijuana use registry his or her
  422  name or unique employee identifier.
  423         d. Must verify that the qualified patient and the
  424  caregiver, if applicable, each have an active registration in
  425  the medical marijuana use registry and an active and valid
  426  medical marijuana use registry identification card, the amount
  427  and type of marijuana dispensed matches the physician
  428  certification in the medical marijuana use registry for that
  429  qualified patient, and the physician certification has not
  430  already been filled.
  431         e. May not dispense marijuana to a qualified patient who is
  432  younger than 18 years of age. If the qualified patient is
  433  younger than 18 years of age, marijuana may only be dispensed to
  434  the qualified patient’s caregiver.
  435         f. May not dispense or sell any other type of cannabis,
  436  alcohol, or illicit drug-related product, including pipes or
  437  wrapping papers made with tobacco or hemp, other than a
  438  marijuana delivery device required for the medical use of
  439  marijuana and which is specified in a physician certification.
  440         g. Must, upon dispensing the marijuana or marijuana
  441  delivery device, record in the registry the date, time,
  442  quantity, and form of marijuana dispensed; the type of marijuana
  443  delivery device dispensed; and the name and medical marijuana
  444  use registry identification number of the qualified patient or
  445  caregiver to whom the marijuana delivery device was dispensed.
  446         h. Must ensure that patient records are not visible to
  447  anyone other than the qualified patient, his or her caregiver,
  448  and authorized medical marijuana treatment center employees.
  449         (14) EXCEPTIONS TO OTHER LAWS.—
  450         (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  451  any other law, but subject to the requirements of this section,
  452  the department, including an employee of the department acting
  453  within the scope of his or her employment, may acquire, possess,
  454  test, transport, and lawfully dispose of marijuana and marijuana
  455  delivery devices as provided in this section, in s. 381.988, and
  456  by department rule.
  457         Section 4. Subsection (1) of section 456.039, Florida
  458  Statutes, is amended to read:
  459         456.039 Designated health care professionals; information
  460  required for licensure.—
  461         (1) Each person who applies for initial licensure or
  462  license renewal as a physician under chapter 458, chapter 459,
  463  chapter 460, or chapter 461, except a person applying for
  464  registration pursuant to ss. 458.345 and 459.021, must furnish
  465  the following information to the department, at the time of
  466  application or, and each physician who applies for license
  467  renewal under chapter 458, chapter 459, chapter 460, or chapter
  468  461, except a person registered pursuant to ss. 458.345 and
  469  459.021, must, in conjunction with the renewal of such license
  470  and under procedures adopted by the department of Health, and in
  471  addition to any other information that may be required from the
  472  applicant, furnish the following information to the Department
  473  of Health:
  474         (a)1. The name of each medical school that the applicant
  475  has attended, with the dates of attendance and the date of
  476  graduation, and a description of all graduate medical education
  477  completed by the applicant, excluding any coursework taken to
  478  satisfy medical licensure continuing education requirements.
  479         2. The name of each hospital at which the applicant has
  480  privileges.
  481         3. The address at which the applicant will primarily
  482  conduct his or her practice.
  483         4. Any certification that the applicant has received from a
  484  specialty board that is recognized by the board to which the
  485  applicant is applying.
  486         5. The year that the applicant began practicing medicine.
  487         6. Any appointment to the faculty of a medical school which
  488  the applicant currently holds and an indication as to whether
  489  the applicant has had the responsibility for graduate medical
  490  education within the most recent 10 years.
  491         7. A description of any criminal offense of which the
  492  applicant has been found guilty, regardless of whether
  493  adjudication of guilt was withheld, or to which the applicant
  494  has pled guilty or nolo contendere. A criminal offense committed
  495  in another jurisdiction which would have been a felony or
  496  misdemeanor if committed in this state must be reported. If the
  497  applicant indicates that a criminal offense is under appeal and
  498  submits a copy of the notice for appeal of that criminal
  499  offense, the department must state that the criminal offense is
  500  under appeal if the criminal offense is reported in the
  501  applicant’s profile. If the applicant indicates to the
  502  department that a criminal offense is under appeal, the
  503  applicant must, upon disposition of the appeal, submit to the
  504  department a copy of the final written order of disposition.
  505         8. A description of any final disciplinary action taken
  506  within the previous 10 years against the applicant by the agency
  507  regulating the profession that the applicant is or has been
  508  licensed to practice, whether in this state or in any other
  509  jurisdiction, by a specialty board that is recognized by the
  510  American Board of Medical Specialties, the American Osteopathic
  511  Association, or a similar national organization, or by a
  512  licensed hospital, health maintenance organization, prepaid
  513  health clinic, ambulatory surgical center, or nursing home.
  514  Disciplinary action includes resignation from or nonrenewal of
  515  medical staff membership or the restriction of privileges at a
  516  licensed hospital, health maintenance organization, prepaid
  517  health clinic, ambulatory surgical center, or nursing home taken
  518  in lieu of or in settlement of a pending disciplinary case
  519  related to competence or character. If the applicant indicates
  520  that the disciplinary action is under appeal and submits a copy
  521  of the document initiating an appeal of the disciplinary action,
  522  the department must state that the disciplinary action is under
  523  appeal if the disciplinary action is reported in the applicant’s
  524  profile.
  525         9. Relevant professional qualifications as defined by the
  526  applicable board.
  527         (b) In addition to the information required under paragraph
  528  (a), for each applicant seeking who seeks licensure under
  529  chapter 458, chapter 459, or chapter 461, and who has practiced
  530  previously in this state or in another jurisdiction or a foreign
  531  country, must provide the information required of licensees
  532  under those chapters pursuant to s. 456.049. An applicant for
  533  licensure under chapter 460 who has practiced previously in this
  534  state or in another jurisdiction or a foreign country must
  535  provide the same information as is required of licensees under
  536  chapter 458, pursuant to s. 456.049.
  537         (c)For each applicant seeking licensure under chapter 458
  538  or chapter 459, proof of payment of the assessment required
  539  under s. 766.314, if applicable.
  540         Section 5. Subsection (1) of section 460.406, Florida
  541  Statutes, is amended to read:
  542         460.406 Licensure by examination.—
  543         (1) Any person desiring to be licensed as a chiropractic
  544  physician must apply to the department to take the licensure
  545  examination. There shall be an application fee set by the board
  546  not to exceed $100 which shall be nonrefundable. There shall
  547  also be an examination fee not to exceed $500 plus the actual
  548  per applicant cost to the department for purchase of portions of
  549  the examination from the National Board of Chiropractic
  550  Examiners or a similar national organization, which may be
  551  refundable if the applicant is found ineligible to take the
  552  examination. The department shall examine each applicant whom
  553  who the board certifies has met all of the following criteria:
  554         (a) Completed the application form and remitted the
  555  appropriate fee.
  556         (b) Submitted proof satisfactory to the department that he
  557  or she is not less than 18 years of age.
  558         (c) Submitted proof satisfactory to the department that he
  559  or she is a graduate of a chiropractic college which is
  560  accredited by or has status with the Council on Chiropractic
  561  Education or its predecessor agency. However, any applicant who
  562  is a graduate of a chiropractic college that was initially
  563  accredited by the Council on Chiropractic Education in 1995, who
  564  graduated from such college within the 4 years immediately
  565  preceding such accreditation, and who is otherwise qualified is
  566  shall be eligible to take the examination. An No application for
  567  a license to practice chiropractic medicine may not shall be
  568  denied solely because the applicant is a graduate of a
  569  chiropractic college that subscribes to one philosophy of
  570  chiropractic medicine as distinguished from another.
  571         (d)1. For an applicant who has matriculated in a
  572  chiropractic college before prior to July 2, 1990, completed at
  573  least 2 years of residence college work, consisting of a minimum
  574  of one-half the work acceptable for a bachelor’s degree granted
  575  on the basis of a 4-year period of study, in a college or
  576  university accredited by an institutional accrediting agency
  577  recognized and approved by the United States Department of
  578  Education. However, before prior to being certified by the board
  579  to sit for the examination, each applicant who has matriculated
  580  in a chiropractic college after July 1, 1990, must shall have
  581  been granted a bachelor’s degree, based upon 4 academic years of
  582  study, by a college or university accredited by an institutional
  583  a regional accrediting agency that which is a member of the
  584  Commission on Recognition of Postsecondary Accreditation.
  585         2. Effective July 1, 2000, completed, before prior to
  586  matriculation in a chiropractic college, at least 3 years of
  587  residence college work, consisting of a minimum of 90 semester
  588  hours leading to a bachelor’s degree in a liberal arts college
  589  or university accredited by an institutional accrediting agency
  590  recognized and approved by the United States Department of
  591  Education. However, before prior to being certified by the board
  592  to sit for the examination, each applicant who has matriculated
  593  in a chiropractic college after July 1, 2000, must shall have
  594  been granted a bachelor’s degree from an institution holding
  595  accreditation for that degree from an institutional a regional
  596  accrediting agency that which is recognized by the United States
  597  Department of Education. The applicant’s chiropractic degree
  598  must consist of credits earned in the chiropractic program and
  599  may not include academic credit for courses from the bachelor’s
  600  degree.
  601         (e) Successfully completed the National Board of
  602  Chiropractic Examiners certification examination in parts I, II,
  603  III, and IV, and the physiotherapy examination of the National
  604  Board of Chiropractic Examiners, with a score approved by the
  605  board.
  606         (f) Submitted to the department a set of fingerprints on a
  607  form and under procedures specified by the department, along
  608  with payment in an amount equal to the costs incurred by the
  609  Department of Health for the criminal background check of the
  610  applicant.
  611  
  612  The board may require an applicant who graduated from an
  613  institution accredited by the Council on Chiropractic Education
  614  more than 10 years before the date of application to the board
  615  to take the National Board of Chiropractic Examiners Special
  616  Purposes Examination for Chiropractic, or its equivalent, as
  617  determined by the board. The board shall establish by rule a
  618  passing score.
  619         Section 6. Subsection (4) of section 464.008, Florida
  620  Statutes, is amended to read:
  621         464.008 Licensure by examination.—
  622         (4) If an applicant who graduates from an approved program
  623  does not take the licensure examination within 6 months after
  624  graduation, he or she must enroll in and successfully complete a
  625  board-approved licensure examination preparatory course. The
  626  applicant is responsible for all costs associated with the
  627  course and may not use state or federal financial aid for such
  628  costs. The board shall by rule establish guidelines for
  629  licensure examination preparatory courses.
  630         Section 7. Paragraph (e) of subsection (1) of section
  631  464.018, Florida Statutes, is amended to read:
  632         464.018 Disciplinary actions.—
  633         (1) The following acts constitute grounds for denial of a
  634  license or disciplinary action, as specified in ss. 456.072(2)
  635  and 464.0095:
  636         (e) Having been found guilty of, regardless of
  637  adjudication, or entered a plea of nolo contendere or guilty to,
  638  regardless of adjudication, any offense prohibited under s.
  639  435.04 or similar statute of another jurisdiction; or having
  640  committed an act which constitutes domestic violence as defined
  641  in s. 741.28.
  642         Section 8. Present subsections (13) and (14) of section
  643  467.003, Florida Statutes, are redesignated as subsections (14)
  644  and (15), respectively, a new subsection (13) is added to that
  645  section, and subsections (1) and (12) of that section are
  646  amended, to read:
  647         467.003 Definitions.—As used in this chapter, unless the
  648  context otherwise requires:
  649         (1) “Approved midwifery program” means a midwifery school
  650  or a midwifery training program which is approved by the
  651  department pursuant to s. 467.205.
  652         (12) “Preceptor” means a physician licensed under chapter
  653  458 or chapter 459, a licensed midwife licensed under this
  654  chapter, or a certified nurse midwife licensed under chapter
  655  464, who has a minimum of 3 years’ professional experience, and
  656  who directs, teaches, supervises, and evaluates the learning
  657  experiences of a the student midwife as part of an approved
  658  midwifery program.
  659         (13)“Prelicensure course” means a course of study, offered
  660  by an accredited midwifery program and approved by the
  661  department, which an applicant for licensure must complete
  662  before a license may be issued and which provides instruction in
  663  the laws and rules of this state and demonstrates the student’s
  664  competency to practice midwifery under this chapter.
  665         Section 9. Section 467.009, Florida Statutes, is amended to
  666  read:
  667         467.009 Accredited and approved midwifery programs;
  668  education and training requirements.—
  669         (1) The department shall adopt standards for accredited and
  670  approved midwifery programs which must include, but need not be
  671  limited to, standards for all of the following:
  672         (a). The standards shall encompass Clinical and classroom
  673  instruction in all aspects of prenatal, intrapartal, and
  674  postpartal care, including all of the following:
  675         1. Obstetrics.;
  676         2. Neonatal pediatrics.;
  677         3. Basic sciences.;
  678         4. Female reproductive anatomy and physiology.;
  679         5. Behavioral sciences.;
  680         6. Childbirth education.;
  681         7. Community care.;
  682         8. Epidemiology.;
  683         9. Genetics.;
  684         10. Embryology.;
  685         11. Neonatology.;
  686         12. Applied pharmacology.;
  687         13. The medical and legal aspects of midwifery.;
  688         14. Gynecology and women’s health.;
  689         15. Family planning.;
  690         16. Nutrition during pregnancy and lactation.;
  691         17. Breastfeeding.; and
  692         18. Basic nursing skills; and any other instruction
  693  determined by the department and council to be necessary.
  694         (b)The standards shall incorporate the Core competencies,
  695  incorporating those established by the American College of Nurse
  696  Midwives and the Midwives Alliance of North America, including
  697  knowledge, skills, and professional behavior in all of the
  698  following areas:
  699         1. Primary management, collaborative management, referral,
  700  and medical consultation.;
  701         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  702         3. Family planning and gynecological care.;
  703         4. Common complications.; and
  704         5. Professional responsibilities.
  705         (c)Noncurricular The standards shall include noncurriculum
  706  matters under this section, including, but not limited to,
  707  staffing and teacher qualifications.
  708         (2) An accredited and approved midwifery program must offer
  709  shall include a course of study and clinical training for a
  710  minimum of 3 years which incorporates all of the standards,
  711  curriculum guidelines, and educational objectives provided in
  712  this section and the rules adopted hereunder.
  713         (3)An accredited and approved midwifery program may reduce
  714  If the applicant is a registered nurse or a licensed practical
  715  nurse or has previous nursing or midwifery education, the
  716  required period of training may be reduced to the extent of the
  717  student’s applicant’s qualifications as a registered nurse or
  718  licensed practical nurse or based on prior completion of
  719  equivalent nursing or midwifery education, as determined under
  720  rules adopted by the department rule. In no case shall the
  721  training be reduced to a period of less than 2 years.
  722         (4)(3)An accredited and approved midwifery program may
  723  accept students who To be accepted into an approved midwifery
  724  program, an applicant shall have both:
  725         (a) A high school diploma or its equivalent.
  726         (b) Taken three college-level credits each of math and
  727  English or demonstrated competencies in communication and
  728  computation.
  729         (5)(4)As part of its course of study, an accredited and
  730  approved midwifery program must require clinical training that
  731  includes all of the following:
  732         (a)A student midwife, during training, shall undertake,
  733  under the supervision of a preceptor, The care of 50 women in
  734  each of the prenatal, intrapartal, and postpartal periods under
  735  the supervision of a preceptor., but The same women need not be
  736  seen through all three periods.
  737         (b)(5)Observation of The student midwife shall observe an
  738  additional 25 women in the intrapartal period before qualifying
  739  for a license.
  740         (6) Clinical The training required under this section must
  741  include all of the following:
  742         (a)shall include Training in either hospitals or
  743  alternative birth settings, or both.
  744         (b)A requirement that students demonstrate competency in
  745  the assessment of and differentiation, with particular emphasis
  746  on learning the ability to differentiate between low-risk
  747  pregnancies and high-risk pregnancies.
  748         (7) A hospital or birthing center receiving public funds
  749  shall be required to provide student midwives access to observe
  750  labor, delivery, and postpartal procedures, provided the woman
  751  in labor has given informed consent. The Department of Health
  752  shall assist in facilitating access to hospital training for
  753  accredited and approved midwifery programs.
  754         (8)(7) The Department of Education shall adopt curricular
  755  frameworks for midwifery programs offered by conducted within
  756  public educational institutions under pursuant to this section.
  757         (8) Nonpublic educational institutions that conduct
  758  approved midwifery programs shall be accredited by a member of
  759  the Commission on Recognition of Postsecondary Accreditation and
  760  shall be licensed by the Commission for Independent Education.
  761         Section 10. Section 467.011, Florida Statutes, is amended
  762  to read:
  763         467.011 Licensed midwives; qualifications; examination
  764  Licensure by examination.—
  765         (1) The department shall administer an examination to test
  766  the proficiency of applicants in the core competencies required
  767  to practice midwifery as specified in s. 467.009.
  768         (2) The department shall develop, publish, and make
  769  available to interested parties at a reasonable cost a
  770  bibliography and guide for the examination.
  771         (3) The department shall issue a license to practice
  772  midwifery to an applicant who meets all of the following
  773  criteria:
  774         (1)Demonstrates that he or she has graduated from one of
  775  the following:
  776         (a) An accredited and approved midwifery program.
  777         (b)A medical or midwifery program offered in another
  778  state, jurisdiction, territory, or country whose graduation
  779  requirements were equivalent to or exceeded those required by s.
  780  467.009 and the rules adopted thereunder at the time of
  781  graduation.
  782         (2)Demonstrates that he or she has and successfully
  783  completed a prelicensure course offered by an accredited and
  784  approved midwifery program. Students graduating from an
  785  accredited and approved midwifery program may meet this
  786  requirement by showing that the content requirements for the
  787  prelicensure course were covered as part of their course of
  788  study.
  789         (3)Submits an application for licensure on a form approved
  790  by the department and pays the appropriate fee.
  791         (4)Demonstrates that he or she has received a passing
  792  score on an the examination specified by the department, upon
  793  payment of the required licensure fee.
  794         Section 11. Section 467.0125, Florida Statutes, is amended
  795  to read:
  796         467.0125 Licensed midwives; qualifications; Licensure by
  797  endorsement; temporary certificates.—
  798         (1) The department shall issue a license by endorsement to
  799  practice midwifery to an applicant who, upon applying to the
  800  department, demonstrates to the department that she or he meets
  801  all of the following criteria:
  802         (a)1. Holds a valid certificate or diploma from a foreign
  803  institution of medicine or midwifery or from a midwifery program
  804  offered in another state, bearing the seal of the institution or
  805  otherwise authenticated, which renders the individual eligible
  806  to practice midwifery in the country or state in which it was
  807  issued, provided the requirements therefor are deemed by the
  808  department to be substantially equivalent to, or to exceed,
  809  those established under this chapter and rules adopted under
  810  this chapter, and submits therewith a certified translation of
  811  the foreign certificate or diploma; or
  812         2. Holds an active, unencumbered a valid certificate or
  813  license to practice midwifery in another state, jurisdiction, or
  814  territory issued by that state, provided the licensing
  815  requirements of that state, jurisdiction, or territory at the
  816  time the license was issued were therefor are deemed by the
  817  department to be substantially equivalent to, or exceeded to
  818  exceed, those established under this chapter and the rules
  819  adopted hereunder under this chapter.
  820         (b) Has successfully completed a 4-month prelicensure
  821  course conducted by an accredited and approved midwifery program
  822  and has submitted documentation to the department of successful
  823  completion.
  824         (c) Submits an application for licensure on a form approved
  825  by the department and pays the appropriate fee Has successfully
  826  passed the licensed midwifery examination.
  827         (2) The department may issue a temporary certificate to
  828  practice in areas of critical need to an applicant any midwife
  829  who is qualifying for a midwifery license licensure by
  830  endorsement under subsection (1) who meets all of the following
  831  criteria, with the following restrictions:
  832         (a) Submits an application for a temporary certificate on a
  833  form approved by the department and pays the appropriate fee,
  834  which may not exceed $50 and is in addition to the fee required
  835  for licensure by endorsement under subsection (1).
  836         (b)Specifies on the application that he or she will The
  837  Department of Health shall determine the areas of critical need,
  838  and the midwife so certified shall practice only in one or more
  839  of the following locations:
  840         1.A county health department.
  841         2.A correctional facility.
  842         3.A United States Department of Veterans Affairs clinic.
  843         4.A community health center funded by s. 329, s. 330, or
  844  s. 340 of the Public Health Service Act.
  845         5.Any other agency or institution that is approved by the
  846  State Surgeon General and provides health care to meet the needs
  847  of an underserved population in this state.
  848         (c)Will practice only those specific areas, under the
  849  supervision auspices of a physician licensed under pursuant to
  850  chapter 458 or chapter 459, a certified nurse midwife licensed
  851  under pursuant to part I of chapter 464, or a midwife licensed
  852  under this chapter, who has a minimum of 3 years’ professional
  853  experience.
  854         (3)The department may issue a temporary certificate under
  855  this section with the following restrictions:
  856         (a)A requirement that a temporary certificateholder
  857  practice only in areas of critical need. The State Surgeon
  858  General shall determine the areas of critical need, which Such
  859  areas shall include, but are not be limited to, health
  860  professional shortage areas designated by the United States
  861  Department of Health and Human Services.
  862         (b) A requirement that if a temporary certificateholder’s
  863  practice area ceases to be an area of critical need, within 30
  864  days after such change the certificateholder must either:
  865         1.Report a new practice area of critical need to the
  866  department; or
  867         2.Voluntarily relinquish the temporary certificate.
  868         (4)The department shall review a temporary
  869  certificateholder’s practice at least annually to determine
  870  whether the certificateholder is meeting the requirements of
  871  subsections (2) and (3) and the rules adopted thereunder. If the
  872  department determines that a certificateholder is not meeting
  873  these requirements, the department must revoke the temporary
  874  certificate.
  875         (5) A temporary certificate issued under this section is
  876  shall be valid only as long as an area for which it is issued
  877  remains an area of critical need, but no longer than 2 years,
  878  and is shall not be renewable.
  879         (c) The department may administer an abbreviated oral
  880  examination to determine the midwife’s competency, but no
  881  written regular examination shall be necessary.
  882         (d) The department shall not issue a temporary certificate
  883  to any midwife who is under investigation in another state for
  884  an act which would constitute a violation of this chapter until
  885  such time as the investigation is complete, at which time the
  886  provisions of this section shall apply.
  887         (e) The department shall review the practice under a
  888  temporary certificate at least annually to ascertain that the
  889  minimum requirements of the midwifery rules promulgated under
  890  this chapter are being met. If it is determined that the minimum
  891  requirements are not being met, the department shall immediately
  892  revoke the temporary certificate.
  893         (f) The fee for a temporary certificate shall not exceed
  894  $50 and shall be in addition to the fee required for licensure.
  895         Section 12. Section 467.205, Florida Statutes, is amended
  896  to read:
  897         467.205 Approval of midwifery programs.—
  898         (1) The department must approve an accredited or state
  899  licensed public or private institution seeking to provide
  900  midwifery education and training as an approved midwifery
  901  program in this state if the institution meets all of the
  902  following criteria:
  903         (a)Submits an application for approval on a form approved
  904  by the department.
  905         (b)Demonstrates to the department’s satisfaction that the
  906  proposed midwifery program complies with s. 467.009 and the
  907  rules adopted thereunder.
  908         (c)For a private institution, demonstrates its
  909  accreditation by a member of the Council for Higher Education
  910  Accreditation or an accrediting agency approved by the United
  911  States Department of Education as an institutional accrediting
  912  agency for direct-entry midwifery education programs and its
  913  licensing or provisional licensing by the Commission for
  914  Independent Education An organization desiring to conduct an
  915  approved program for the education of midwives shall apply to
  916  the department and submit such evidence as may be required to
  917  show that it complies with s. 467.009 and with the rules of the
  918  department. Any accredited or state-licensed institution of
  919  higher learning, public or private, may provide midwifery
  920  education and training.
  921         (2) The department shall adopt rules regarding educational
  922  objectives, faculty qualifications, curriculum guidelines,
  923  administrative procedures, and other training requirements as
  924  are necessary to ensure that approved programs graduate midwives
  925  competent to practice under this chapter.
  926         (3) The department shall survey each organization applying
  927  for approval. If the department is satisfied that the program
  928  meets the requirements of s. 467.009 and rules adopted pursuant
  929  to that section, it shall approve the program.
  930         (2)(4) The department shall, at least once every 3 years,
  931  certify whether each approved midwifery program is currently
  932  compliant, and has maintained compliance, complies with the
  933  requirements of standards developed under s. 467.009 and the
  934  rules adopted thereunder.
  935         (3)(5) If the department finds that an approved midwifery
  936  program is not in compliance with the requirements of s. 467.009
  937  or the rules adopted thereunder, or has lost its accreditation
  938  status, the department must provide its finding to the program
  939  in writing and no longer meets the required standards, it may
  940  place the program on probationary status for a specified period
  941  of time, which may not exceed 3 years until such time as the
  942  standards are restored.
  943         (4) If a program on probationary status does not come into
  944  compliance with the requirements of s. 467.009 or the rules
  945  adopted thereunder, or regain its accreditation status, as
  946  applicable, within the period specified by the department fails
  947  to correct these conditions within a specified period of time,
  948  the department may rescind the program’s approval.
  949         (5)A Any program that has having its approval rescinded
  950  has shall have the right to reapply for approval.
  951         (6) The department may grant provisional approval of a new
  952  program seeking accreditation status, for a period not to exceed
  953  5 years, provided that all other requirements of this section
  954  are met.
  955         (7)The department may rescind provisional approval of a
  956  program that fails to meet the requirements of s. 467.009, this
  957  section, or the rules adopted thereunder, in accordance with
  958  procedures provided in subsections (3) and (4) may be granted
  959  pending the licensure results of the first graduating class.
  960         Section 13. Subsections (2), (3), and (4) and paragraphs
  961  (a) and (b) of subsection (5) of section 468.803, Florida
  962  Statutes, are amended to read:
  963         468.803 License, registration, and examination
  964  requirements.—
  965         (2) An applicant for registration, examination, or
  966  licensure must apply to the department on a form prescribed by
  967  the board for consideration of board approval. Each initial
  968  applicant shall submit a set of fingerprints to the department
  969  in accordance with on a form and under procedures specified by
  970  the department, along with payment in an amount equal to the
  971  costs incurred by the department for state and national criminal
  972  history checks of the applicant. The department shall submit the
  973  fingerprints provided by an applicant to the Department of Law
  974  Enforcement for a statewide criminal history check, and the
  975  Department of Law Enforcement shall forward the fingerprints to
  976  the Federal Bureau of Investigation for a national criminal
  977  history check of the applicant. The board shall screen the
  978  results to determine if an applicant meets licensure
  979  requirements. The board shall consider for examination,
  980  registration, or licensure each applicant whom who the board
  981  verifies:
  982         (a) Has submitted the completed application and completed
  983  the fingerprinting requirements fingerprint forms and has paid
  984  the applicable application fee, not to exceed $500, and the cost
  985  of the state and national criminal history checks. The
  986  application fee is and cost of the criminal history checks shall
  987  be nonrefundable;
  988         (b) Is of good moral character;
  989         (c) Is 18 years of age or older; and
  990         (d) Has completed the appropriate educational preparation.
  991         (3) A person seeking to attain the orthotics or prosthetics
  992  experience required for licensure in this state must be approved
  993  by the board and registered as a resident by the department.
  994  Although a registration may be held in both disciplines, for
  995  independent registrations the board may not approve a second
  996  registration until at least 1 year after the issuance of the
  997  first registration. Notwithstanding subsection (2), a person who
  998  has been approved by the board and registered by the department
  999  in one discipline may apply for registration in the second
 1000  discipline without an additional state or national criminal
 1001  history check during the period in which the first registration
 1002  is valid. Each independent registration or dual registration is
 1003  valid for 2 years after the date of issuance unless otherwise
 1004  revoked by the department upon recommendation of the board. The
 1005  board shall set a registration fee not to exceed $500 to be paid
 1006  by the applicant. A registration may be renewed once by the
 1007  department upon recommendation of the board for a period no
 1008  longer than 1 year, as such renewal is defined by the board by
 1009  rule. The renewal fee may not exceed one-half the current
 1010  registration fee. To be considered by the board for approval of
 1011  registration as a resident, the applicant must have one of the
 1012  following:
 1013         (a) A Bachelor of Science or higher-level postgraduate
 1014  degree in orthotics and prosthetics from an institutionally a
 1015  regionally accredited college or university recognized by the
 1016  Commission on Accreditation of Allied Health Education Programs.
 1017         (b) A minimum of a bachelor’s degree from an
 1018  institutionally a regionally accredited college or university
 1019  and a certificate in orthotics or prosthetics from a program
 1020  recognized by the Commission on Accreditation of Allied Health
 1021  Education Programs, or its equivalent, as determined by the
 1022  board.
 1023         (c) A minimum of a bachelor’s degree from an
 1024  institutionally a regionally accredited college or university
 1025  and a dual certificate in both orthotics and prosthetics from
 1026  programs recognized by the Commission on Accreditation of Allied
 1027  Health Education Programs, or its equivalent, as determined by
 1028  the board.
 1029         (4) The department may develop and administer a state
 1030  examination for an orthotist or a prosthetist license, or the
 1031  board may approve the existing examination of a national
 1032  standards organization. The examination must be predicated on a
 1033  minimum of a baccalaureate-level education and formalized
 1034  specialized training in the appropriate field. Each examination
 1035  must demonstrate a minimum level of competence in basic
 1036  scientific knowledge, written problem solving, and practical
 1037  clinical patient management. The board shall require an
 1038  examination fee not to exceed the actual cost to the board in
 1039  developing, administering, and approving the examination, which
 1040  fee must be paid by the applicant. To be considered by the board
 1041  for examination, the applicant must have:
 1042         (a) For an examination in orthotics:
 1043         1. A Bachelor of Science or higher-level postgraduate
 1044  degree in orthotics and prosthetics from an institutionally a
 1045  regionally accredited college or university recognized by the
 1046  Commission on Accreditation of Allied Health Education Programs
 1047  or, at a minimum, a bachelor’s degree from an institutionally a
 1048  regionally accredited college or university and a certificate in
 1049  orthotics from a program recognized by the Commission on
 1050  Accreditation of Allied Health Education Programs, or its
 1051  equivalent, as determined by the board; and
 1052         2. An approved orthotics internship of 1 year of qualified
 1053  experience, as determined by the board, or an orthotic residency
 1054  or dual residency program recognized by the board.
 1055         (b) For an examination in prosthetics:
 1056         1. A Bachelor of Science or higher-level postgraduate
 1057  degree in orthotics and prosthetics from an institutionally a
 1058  regionally accredited college or university recognized by the
 1059  Commission on Accreditation of Allied Health Education Programs
 1060  or, at a minimum, a bachelor’s degree from an institutionally a
 1061  regionally accredited college or university and a certificate in
 1062  prosthetics from a program recognized by the Commission on
 1063  Accreditation of Allied Health Education Programs, or its
 1064  equivalent, as determined by the board; and
 1065         2. An approved prosthetics internship of 1 year of
 1066  qualified experience, as determined by the board, or a
 1067  prosthetic residency or dual residency program recognized by the
 1068  board.
 1069         (5) In addition to the requirements in subsection (2), to
 1070  be licensed as:
 1071         (a) An orthotist, the applicant must pay a license fee not
 1072  to exceed $500 and must have:
 1073         1. A Bachelor of Science or higher-level postgraduate
 1074  degree in orthotics and prosthetics from an institutionally a
 1075  regionally accredited college or university recognized by the
 1076  Commission on Accreditation of Allied Health Education Programs,
 1077  or a bachelor’s degree from an institutionally accredited
 1078  college or university and with a certificate in orthotics from a
 1079  program recognized by the Commission on Accreditation of Allied
 1080  Health Education Programs, or its equivalent, as determined by
 1081  the board;
 1082         2. An approved appropriate internship of 1 year of
 1083  qualified experience, as determined by the board, or a residency
 1084  program recognized by the board;
 1085         3. Completed the mandatory courses; and
 1086         4. Passed the state orthotics examination or the board
 1087  approved orthotics examination.
 1088         (b) A prosthetist, the applicant must pay a license fee not
 1089  to exceed $500 and must have:
 1090         1. A Bachelor of Science or higher-level postgraduate
 1091  degree in orthotics and prosthetics from an institutionally a
 1092  regionally accredited college or university recognized by the
 1093  Commission on Accreditation of Allied Health Education Programs,
 1094  or a bachelor’s degree from an institutionally accredited
 1095  college or university and with a certificate in prosthetics from
 1096  a program recognized by the Commission on Accreditation of
 1097  Allied Health Education Programs, or its equivalent, as
 1098  determined by the board;
 1099         2. An internship of 1 year of qualified experience, as
 1100  determined by the board, or a residency program recognized by
 1101  the board;
 1102         3. Completed the mandatory courses; and
 1103         4. Passed the state prosthetics examination or the board
 1104  approved prosthetics examination.
 1105         Section 14. Section 483.824, Florida Statutes, is amended
 1106  to read:
 1107         483.824 Qualifications of clinical laboratory director.—A
 1108  clinical laboratory director must have 4 years of clinical
 1109  laboratory experience with 2 years of experience in the
 1110  specialty to be directed or be nationally board certified in the
 1111  specialty to be directed, and must meet one of the following
 1112  requirements:
 1113         (1) Be a physician licensed under chapter 458 or chapter
 1114  459;
 1115         (2) Hold an earned doctoral degree in a chemical, physical,
 1116  or biological science from an institutionally a regionally
 1117  accredited institution and maintain national certification
 1118  requirements equal to those required by the federal Health Care
 1119  Financing Administration; or
 1120         (3) For the subspecialty of oral pathology, be a physician
 1121  licensed under chapter 458 or chapter 459 or a dentist licensed
 1122  under chapter 466.
 1123         Section 15. Subsection (3) of section 490.003, Florida
 1124  Statutes, is amended to read:
 1125         490.003 Definitions.—As used in this chapter:
 1126         (3)(a)“Doctoral degree from an American Psychological
 1127  Association accredited program” means Effective July 1, 1999,
 1128  “doctoral-level psychological education” and “doctoral degree in
 1129  psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
 1130  psychology from a psychology program at an educational
 1131  institution that, at the time the applicant was enrolled and
 1132  graduated:
 1133         1.(a) Had institutional accreditation from an agency
 1134  recognized and approved by the United States Department of
 1135  Education or was recognized as a member in good standing with
 1136  Universities Canada the Association of Universities and Colleges
 1137  of Canada; and
 1138         2.(b) Had programmatic accreditation from the American
 1139  Psychological Association.
 1140         (b)“Doctoral degree in psychology” means a Psy.D., an
 1141  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1142  program at an educational institution that, at the time the
 1143  applicant was enrolled and graduated, had institutional
 1144  accreditation from an agency recognized and approved by the
 1145  United States Department of Education or was recognized as a
 1146  member in good standing with Universities Canada.
 1147         Section 16. Subsection (1) of section 490.005, Florida
 1148  Statutes, is amended to read:
 1149         490.005 Licensure by examination.—
 1150         (1) Any person desiring to be licensed as a psychologist
 1151  shall apply to the department to take the licensure examination.
 1152  The department shall license each applicant whom who the board
 1153  certifies has met all of the following requirements:
 1154         (a) Completed the application form and remitted a
 1155  nonrefundable application fee not to exceed $500 and an
 1156  examination fee set by the board sufficient to cover the actual
 1157  per applicant cost to the department for development, purchase,
 1158  and administration of the examination, but not to exceed $500.
 1159         (b) Submitted proof satisfactory to the board that the
 1160  applicant has received:
 1161         1. A doctoral degree from an American Psychological
 1162  Association accredited program Doctoral-level psychological
 1163  education; or
 1164         2. The equivalent of a doctoral degree from an American
 1165  Psychological Association accredited program doctoral-level
 1166  psychological education, as defined in s. 490.003(3), from a
 1167  program at a school or university located outside the United
 1168  States of America which was officially recognized by the
 1169  government of the country in which it is located as an
 1170  institution or program to train students to practice
 1171  professional psychology. The applicant has the burden of
 1172  establishing that this requirement has been met.
 1173         (c) Had at least 2 years or 4,000 hours of experience in
 1174  the field of psychology in association with or under the
 1175  supervision of a licensed psychologist meeting the academic and
 1176  experience requirements of this chapter or the equivalent as
 1177  determined by the board. The experience requirement may be met
 1178  by work performed on or off the premises of the supervising
 1179  psychologist if the off-premises work is not the independent,
 1180  private practice rendering of psychological services that does
 1181  not have a psychologist as a member of the group actually
 1182  rendering psychological services on the premises.
 1183         (d) Passed the examination. However, an applicant who has
 1184  obtained a passing score, as established by the board by rule,
 1185  on the psychology licensure examination designated by the board
 1186  as the national licensure examination need only pass the Florida
 1187  law and rules portion of the examination.
 1188         Section 17. Subsection (1) of section 490.0051, Florida
 1189  Statutes, is amended to read:
 1190         490.0051 Provisional licensure; requirements.—
 1191         (1) The department shall issue a provisional psychology
 1192  license to each applicant whom who the board certifies has met
 1193  all of the following criteria:
 1194         (a) Completed the application form and remitted a
 1195  nonrefundable application fee not to exceed $250, as set by
 1196  board rule.
 1197         (b) Earned a doctoral degree from an American Psychological
 1198  Association accredited program in psychology as defined in s.
 1199  490.003(3).
 1200         (c) Met any additional requirements established by board
 1201  rule.
 1202         Section 18. Effective upon this act becoming a law,
 1203  subsections (1), (3), and (4) of section 491.005, Florida
 1204  Statutes, are amended to read:
 1205         491.005 Licensure by examination.—
 1206         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1207  documentation and payment of a fee not to exceed $200, as set by
 1208  board rule, plus the actual per applicant cost to the department
 1209  for purchase of the examination from the American Association of
 1210  State Social Worker’s Boards or a similar national organization,
 1211  the department shall issue a license as a clinical social worker
 1212  to an applicant whom who the board certifies has met all of the
 1213  following criteria:
 1214         (a) Has Submitted an application and paid the appropriate
 1215  fee.
 1216         (b)1. Has Received a doctoral degree in social work from a
 1217  graduate school of social work which at the time the applicant
 1218  graduated was accredited by an accrediting agency recognized by
 1219  the United States Department of Education or has received a
 1220  master’s degree in social work from a graduate school of social
 1221  work which at the time the applicant graduated:
 1222         a. Was accredited by the Council on Social Work Education;
 1223         b. Was accredited by the Canadian Association for of
 1224  Schools of Social Work Education; or
 1225         c. Has been determined to have been a program equivalent to
 1226  programs approved by the Council on Social Work Education by the
 1227  Foreign Equivalency Determination Service of the Council on
 1228  Social Work Education. An applicant who graduated from a program
 1229  at a university or college outside of the United States or
 1230  Canada must present documentation of the equivalency
 1231  determination from the council in order to qualify.
 1232         2. The applicant’s graduate program must have emphasized
 1233  direct clinical patient or client health care services,
 1234  including, but not limited to, coursework in clinical social
 1235  work, psychiatric social work, medical social work, social
 1236  casework, psychotherapy, or group therapy. The applicant’s
 1237  graduate program must have included all of the following
 1238  coursework:
 1239         a. A supervised field placement which was part of the
 1240  applicant’s advanced concentration in direct practice, during
 1241  which the applicant provided clinical services directly to
 1242  clients.
 1243         b. Completion of 24 semester hours or 32 quarter hours in
 1244  theory of human behavior and practice methods as courses in
 1245  clinically oriented services, including a minimum of one course
 1246  in psychopathology, and no more than one course in research,
 1247  taken in a school of social work accredited or approved pursuant
 1248  to subparagraph 1.
 1249         3. If the course title which appears on the applicant’s
 1250  transcript does not clearly identify the content of the
 1251  coursework, the applicant provided shall be required to provide
 1252  additional documentation, including, but not limited to, a
 1253  syllabus or catalog description published for the course.
 1254         (c) Completed Has had at least 2 years of clinical social
 1255  work experience, which took place subsequent to completion of a
 1256  graduate degree in social work at an institution meeting the
 1257  accreditation requirements of this section, under the
 1258  supervision of a licensed clinical social worker or the
 1259  equivalent who is a qualified supervisor as determined by the
 1260  board. An individual who intends to practice in Florida to
 1261  satisfy clinical experience requirements must register pursuant
 1262  to s. 491.0045 before commencing practice. If the applicant’s
 1263  graduate program was not a program which emphasized direct
 1264  clinical patient or client health care services as described in
 1265  subparagraph (b)2., the supervised experience requirement must
 1266  take place after the applicant has completed a minimum of 15
 1267  semester hours or 22 quarter hours of the coursework required. A
 1268  doctoral internship may be applied toward the clinical social
 1269  work experience requirement. A licensed mental health
 1270  professional must be on the premises when clinical services are
 1271  provided by a registered intern in a private practice setting.
 1272         (d) Has Passed a theory and practice examination designated
 1273  by board rule provided by the department for this purpose.
 1274         (e) Has Demonstrated, in a manner designated by board rule
 1275  of the board, knowledge of the laws and rules governing the
 1276  practice of clinical social work, marriage and family therapy,
 1277  and mental health counseling.
 1278         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1279  documentation and payment of a fee not to exceed $200, as set by
 1280  board rule, plus the actual cost of the purchase of the
 1281  examination from the Association of Marital and Family Therapy
 1282  Regulatory Board, or similar national organization, the
 1283  department shall issue a license as a marriage and family
 1284  therapist to an applicant whom who the board certifies has met
 1285  all of the following criteria:
 1286         (a) Has Submitted an application and paid the appropriate
 1287  fee.
 1288         (b)1.Attained one of the following:
 1289         a.A minimum of a master’s degree in marriage and family
 1290  therapy from a program accredited by the Commission on
 1291  Accreditation for Marriage and Family Therapy Education.
 1292         b.A minimum of a master’s degree with a major emphasis in
 1293  marriage and family therapy or a closely related field from a
 1294  university program accredited by the Council on Accreditation of
 1295  Counseling and Related Educational Programs and graduate courses
 1296  approved by the board.
 1297         c.Has A minimum of a master’s degree with an major
 1298  emphasis in marriage and family therapy or a closely related
 1299  field, with a degree conferred before September 1, 2027, from an
 1300  institutionally accredited college or university from a program
 1301  accredited by the Commission on Accreditation for Marriage and
 1302  Family Therapy Education or from a Florida university program
 1303  accredited by the Council for Accreditation of Counseling and
 1304  Related Educational Programs and graduate courses approved by
 1305  the board of Clinical Social Work, Marriage and Family Therapy,
 1306  and Mental Health Counseling.
 1307         2. If the course title that appears on the applicant’s
 1308  transcript does not clearly identify the content of the
 1309  coursework, the applicant provided shall provide additional
 1310  documentation, including, but not limited to, a syllabus or
 1311  catalog description published for the course. The required
 1312  master’s degree must have been received in an institution of
 1313  higher education that, at the time the applicant graduated, was
 1314  fully accredited by an institutional a regional accrediting body
 1315  recognized by the Council for Higher Education Accreditation or
 1316  its successor organization Commission on Recognition of
 1317  Postsecondary Accreditation or was publicly recognized as a
 1318  member in good standing with Universities Canada the Association
 1319  of Universities and Colleges of Canada, or an institution of
 1320  higher education located outside the United States and Canada
 1321  which, at the time the applicant was enrolled and at the time
 1322  the applicant graduated, maintained a standard of training
 1323  substantially equivalent to the standards of training of those
 1324  institutions in the United States which are accredited by an
 1325  institutional a regional accrediting body recognized by the
 1326  Council for Higher Education Accreditation or its successor
 1327  organization Commission on Recognition of Postsecondary
 1328  Accreditation. Such foreign education and training must have
 1329  been received in an institution or program of higher education
 1330  officially recognized by the government of the country in which
 1331  it is located as an institution or program to train students to
 1332  practice as professional marriage and family therapists or
 1333  psychotherapists. The applicant has the burden of establishing
 1334  that the requirements of this provision have been met, and the
 1335  board shall require documentation, such as an evaluation by a
 1336  foreign equivalency determination service, as evidence that the
 1337  applicant’s graduate degree program and education were
 1338  equivalent to an accredited program in this country. An
 1339  applicant with a master’s degree from a program that did not
 1340  emphasize marriage and family therapy may complete the
 1341  coursework requirement in a training institution fully
 1342  accredited by the Commission on Accreditation for Marriage and
 1343  Family Therapy Education recognized by the United States
 1344  Department of Education.
 1345         (c) Completed Has had at least 2 years of clinical
 1346  experience during which 50 percent of the applicant’s clients
 1347  were receiving marriage and family therapy services, which must
 1348  be at the post-master’s level under the supervision of a
 1349  licensed marriage and family therapist with at least 5 years of
 1350  experience, or the equivalent, who is a qualified supervisor as
 1351  determined by the board. An individual who intends to practice
 1352  in Florida to satisfy the clinical experience requirements must
 1353  register pursuant to s. 491.0045 before commencing practice. If
 1354  a graduate has a master’s degree with a major emphasis in
 1355  marriage and family therapy or a closely related field which did
 1356  not include all of the coursework required by paragraph (b),
 1357  credit for the post-master’s level clinical experience may not
 1358  commence until the applicant has completed a minimum of 10 of
 1359  the courses required by paragraph (b), as determined by the
 1360  board, and at least 6 semester hours or 9 quarter hours of the
 1361  course credits must have been completed in the area of marriage
 1362  and family systems, theories, or techniques. Within the 2 years
 1363  of required experience, the applicant shall provide direct
 1364  individual, group, or family therapy and counseling to cases
 1365  including those involving unmarried dyads, married couples,
 1366  separating and divorcing couples, and family groups that include
 1367  children. A doctoral internship may be applied toward the
 1368  clinical experience requirement. A licensed mental health
 1369  professional must be on the premises when clinical services are
 1370  provided by a registered intern in a private practice setting.
 1371         (d) Has Passed a theory and practice examination designated
 1372  by board rule provided by the department.
 1373         (e) Has Demonstrated, in a manner designated by board rule,
 1374  knowledge of the laws and rules governing the practice of
 1375  clinical social work, marriage and family therapy, and mental
 1376  health counseling.
 1377  
 1378  For the purposes of dual licensure, the department shall license
 1379  as a marriage and family therapist any person who meets the
 1380  requirements of s. 491.0057. Fees for dual licensure may not
 1381  exceed those stated in this subsection.
 1382         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1383  documentation and payment of a fee not to exceed $200, as set by
 1384  board rule, plus the actual per applicant cost of purchase of
 1385  the examination from the National Board for Certified Counselors
 1386  or its successor organization, the department shall issue a
 1387  license as a mental health counselor to an applicant whom who
 1388  the board certifies has met all of the following criteria:
 1389         (a) Has Submitted an application and paid the appropriate
 1390  fee.
 1391         (b)1. Attained Has a minimum of an earned master’s degree
 1392  from a mental health counseling program accredited by the
 1393  Council for the Accreditation of Counseling and Related
 1394  Educational Programs which consists of at least 60 semester
 1395  hours or 80 quarter hours of clinical and didactic instruction,
 1396  including a course in human sexuality and a course in substance
 1397  abuse. If the master’s degree is earned from a program related
 1398  to the practice of mental health counseling which is not
 1399  accredited by the Council for the Accreditation of Counseling
 1400  and Related Educational Programs, then the coursework and
 1401  practicum, internship, or fieldwork must consist of at least 60
 1402  semester hours or 80 quarter hours and meet all of the following
 1403  requirements:
 1404         a. Thirty-three semester hours or 44 quarter hours of
 1405  graduate coursework, which must include a minimum of 3 semester
 1406  hours or 4 quarter hours of graduate-level coursework in each of
 1407  the following 11 content areas: counseling theories and
 1408  practice; human growth and development; diagnosis and treatment
 1409  of psychopathology; human sexuality; group theories and
 1410  practice; individual evaluation and assessment; career and
 1411  lifestyle assessment; research and program evaluation; social
 1412  and cultural foundations; substance abuse; and legal, ethical,
 1413  and professional standards issues in the practice of mental
 1414  health counseling. Courses in research, thesis or dissertation
 1415  work, practicums, internships, or fieldwork may not be applied
 1416  toward this requirement.
 1417         b. A minimum of 3 semester hours or 4 quarter hours of
 1418  graduate-level coursework addressing diagnostic processes,
 1419  including differential diagnosis and the use of the current
 1420  diagnostic tools, such as the current edition of the American
 1421  Psychiatric Association’s Diagnostic and Statistical Manual of
 1422  Mental Disorders. The graduate program must have emphasized the
 1423  common core curricular experience.
 1424         c. The equivalent, as determined by the board, of at least
 1425  700 hours of university-sponsored supervised clinical practicum,
 1426  internship, or field experience that includes at least 280 hours
 1427  of direct client services, as required in the accrediting
 1428  standards of the Council for Accreditation of Counseling and
 1429  Related Educational Programs for mental health counseling
 1430  programs. This experience may not be used to satisfy the post
 1431  master’s clinical experience requirement.
 1432         2. Has Provided additional documentation if a course title
 1433  that appears on the applicant’s transcript does not clearly
 1434  identify the content of the coursework. The documentation must
 1435  include, but is not limited to, a syllabus or catalog
 1436  description published for the course.
 1437  
 1438  Education and training in mental health counseling must have
 1439  been received in an institution of higher education that, at the
 1440  time the applicant graduated, was fully accredited by an
 1441  institutional a regional accrediting body recognized by the
 1442  Council for Higher Education Accreditation or its successor
 1443  organization or was publicly recognized as a member in good
 1444  standing with Universities Canada the Association of
 1445  Universities and Colleges of Canada, or an institution of higher
 1446  education located outside the United States and Canada which, at
 1447  the time the applicant was enrolled and at the time the
 1448  applicant graduated, maintained a standard of training
 1449  substantially equivalent to the standards of training of those
 1450  institutions in the United States which are accredited by an
 1451  institutional a regional accrediting body recognized by the
 1452  Council for Higher Education Accreditation or its successor
 1453  organization. Such foreign education and training must have been
 1454  received in an institution or program of higher education
 1455  officially recognized by the government of the country in which
 1456  it is located as an institution or program to train students to
 1457  practice as mental health counselors. The applicant has the
 1458  burden of establishing that the requirements of this provision
 1459  have been met, and the board shall require documentation, such
 1460  as an evaluation by a foreign equivalency determination service,
 1461  as evidence that the applicant’s graduate degree program and
 1462  education were equivalent to an accredited program in this
 1463  country. Beginning July 1, 2025, an applicant must have a
 1464  master’s degree from a program that is accredited by the Council
 1465  for Accreditation of Counseling and Related Educational
 1466  Programs, the Masters in Psychology and Counseling Accreditation
 1467  Council, or an equivalent accrediting body which consists of at
 1468  least 60 semester hours or 80 quarter hours to apply for
 1469  licensure under this paragraph.
 1470         (c) Completed Has had at least 2 years of clinical
 1471  experience in mental health counseling, which must be at the
 1472  post-master’s level under the supervision of a licensed mental
 1473  health counselor or the equivalent who is a qualified supervisor
 1474  as determined by the board. An individual who intends to
 1475  practice in Florida to satisfy the clinical experience
 1476  requirements must register pursuant to s. 491.0045 before
 1477  commencing practice. If a graduate has a master’s degree with a
 1478  major related to the practice of mental health counseling which
 1479  did not include all the coursework required under sub
 1480  subparagraphs (b)1.a. and b., credit for the post-master’s level
 1481  clinical experience may not commence until the applicant has
 1482  completed a minimum of seven of the courses required under sub
 1483  subparagraphs (b)1.a. and b., as determined by the board, one of
 1484  which must be a course in psychopathology or abnormal
 1485  psychology. A doctoral internship may be applied toward the
 1486  clinical experience requirement. A licensed mental health
 1487  professional must be on the premises when clinical services are
 1488  provided by a registered intern in a private practice setting.
 1489         (d) Has Passed a theory and practice examination designated
 1490  by board rule provided by the department for this purpose.
 1491         (e) Has Demonstrated, in a manner designated by board rule,
 1492  knowledge of the laws and rules governing the practice of
 1493  clinical social work, marriage and family therapy, and mental
 1494  health counseling.
 1495         Section 19. Subsection (6) and paragraph (c) of subsection
 1496  (9) of section 766.314, Florida Statutes, are amended to read:
 1497         766.314 Assessments; plan of operation.—
 1498         (6)(a) The association shall make all assessments required
 1499  by this section, except initial assessments of physicians
 1500  licensed on or after October 1, 1988, which assessments will be
 1501  made by the Department of Health Business and Professional
 1502  Regulation, and except assessments of casualty insurers pursuant
 1503  to subparagraph (5)(c)1., which assessments will be made by the
 1504  Office of Insurance Regulation. Beginning October 1, 1989, for
 1505  any physician licensed between October 1 and December 31 of any
 1506  year, the Department of Business and Professional Regulation
 1507  shall make the initial assessment plus the assessment for the
 1508  following calendar year. The Department of Health Business and
 1509  Professional Regulation shall provide the association, in an
 1510  electronic format, with a monthly report such frequency as
 1511  determined to be necessary, a listing, in a computer-readable
 1512  form, of the names and license numbers addresses of all
 1513  physicians licensed under chapter 458 or chapter 459.
 1514         (b)1. The association may enforce collection of assessments
 1515  required to be paid pursuant to ss. 766.301-766.316 by suit
 1516  filed in county court, or in circuit court if the amount due
 1517  could exceed the jurisdictional limits of county court. The
 1518  association is shall be entitled to an award of attorney
 1519  attorney’s fees, costs, and interest upon the entry of a
 1520  judgment against a physician for failure to pay such assessment,
 1521  with such interest accruing until paid. Notwithstanding the
 1522  provisions of chapters 47 and 48, the association may file such
 1523  suit in either Leon County or the county of the residence of the
 1524  defendant. The association shall notify the Department of Health
 1525  and the applicable board of any unpaid final judgment against a
 1526  physician within 7 days after the entry of final judgment.
 1527         2. The Department of Health Business and Professional
 1528  Regulation, upon notification by the association that an
 1529  assessment has not been paid and that there is an unsatisfied
 1530  judgment against a physician, shall refuse to not renew any
 1531  license issued to practice for such physician under issued
 1532  pursuant to chapter 458 or chapter 459 until the association
 1533  notifies the Department of Health that such time as the judgment
 1534  is satisfied in full.
 1535         (c) The Agency for Health Care Administration shall, upon
 1536  notification by the association that an assessment has not been
 1537  timely paid, enforce collection of such assessments required to
 1538  be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
 1539  a hospital to pay such assessment is grounds for disciplinary
 1540  action pursuant to s. 395.1065 notwithstanding any provision of
 1541  law to the contrary.
 1542         (9)
 1543         (c) If In the event the total of all current estimates
 1544  equals 80 percent of the funds on hand and the funds that will
 1545  become available to the association within the next 12 months
 1546  from all sources described in subsections (4) and (5) and
 1547  paragraph (7)(a), the association may shall not accept any new
 1548  claims without express authority from the Legislature. Nothing
 1549  in this section precludes herein shall preclude the association
 1550  from accepting any claim if the injury occurred 18 months or
 1551  more before prior to the effective date of this suspension.
 1552  Within 30 days after of the effective date of this suspension,
 1553  the association shall notify the Governor, the Speaker of the
 1554  House of Representatives, the President of the Senate, the
 1555  Office of Insurance Regulation, the Agency for Health Care
 1556  Administration, and the Department of Health, and the Department
 1557  of Business and Professional Regulation of this suspension.
 1558         Section 20. Except as otherwise expressly provided in this
 1559  act and except for this section, which shall take effect upon
 1560  this act becoming a law, this act shall take effect July 1,
 1561  2022.