Florida Senate - 2022                       CS for CS for SB 768
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senator Rodriguez
       
       
       
       
       576-03558-22                                           2022768c2
    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
   20         certain applicants for medical marijuana treatment
   21         center licenses to transfer their initial application
   22         fee to one subsequent opportunity to apply for
   23         licensure under certain circumstances; authorizing the
   24         department to select samples of marijuana from medical
   25         marijuana treatment center facilities for certain
   26         testing; authorizing the department to select samples
   27         of marijuana delivery devices from medical marijuana
   28         treatment centers to determine whether such devices
   29         are safe for use; requiring medical marijuana
   30         treatment centers to recall marijuana and marijuana
   31         delivery devices, instead of just edibles, under
   32         certain circumstances; exempting the department and
   33         its employees from criminal provisions if they
   34         acquire, possess, test, transport, or lawfully dispose
   35         of marijuana and marijuana delivery devices under
   36         certain circumstances; amending s. 381.99, F.S.;
   37         revising the membership of the Rare Disease Advisory
   38         Council; amending s. 383.216, F.S.; authorizing the
   39         organization representing all Healthy Start Coalitions
   40         to use any method of telecommunication to conduct
   41         meetings under certain circumstances; amending s.
   42         456.039, F.S.; requiring certain applicants for
   43         licensure as physicians to provide specified
   44         documentation to the department at the time of
   45         application; amending s. 460.406, F.S.; revising
   46         provisions related to chiropractic physician
   47         licensing; amending s. 464.008, F.S.; deleting a
   48         requirement that certain nursing program graduates
   49         complete a specified preparatory course; amending s.
   50         464.018, F.S.; revising grounds for disciplinary
   51         action against licensed nurses; amending s. 467.003,
   52         F.S.; revising and defining terms; amending s.
   53         467.009, F.S.; revising provisions related to
   54         accredited and approved midwifery programs; amending
   55         s. 467.011, F.S.; revising requirements for licensure
   56         of midwives; amending s. 467.0125, F.S.; revising
   57         requirements for licensure by endorsement of midwives;
   58         revising requirements for temporary certificates to
   59         practice midwifery in this state; amending s. 467.205,
   60         F.S.; revising provisions relating to approval,
   61         continued monitoring, probationary status, provisional
   62         approval, and approval rescission of midwifery
   63         programs; amending s. 468.803, F.S.; revising
   64         provisions related to orthotist and prosthetist
   65         registration, examination, and licensing; amending s.
   66         483.824, F.S.; revising educational requirements for
   67         clinical laboratory directors; amending s. 490.003,
   68         F.S.; defining the terms “doctoral degree from an
   69         American Psychological Association accredited program”
   70         and “doctoral degree in psychology”; amending ss.
   71         490.005 and 490.0051, F.S.; revising education
   72         requirements for psychologist licensure and
   73         provisional licensure, respectively; amending s.
   74         491.005, F.S.; revising requirements for licensure of
   75         clinical social workers, marriage and family
   76         therapists, and mental health counselors; amending s.
   77         766.31, F.S.; revising eligibility requirements for
   78         certain retroactive payments to parents or legal
   79         guardians under the Florida Birth-Related Neurological
   80         Injury Compensation Plan; providing retroactive
   81         applicability; requiring the plan to make certain
   82         retroactive payments to eligible parents or guardians;
   83         authorizing the plan to make such payments in a lump
   84         sum or periodically as designated by eligible parents
   85         or legal guardians; requiring the plan to make the
   86         payments by a specified date; amending s. 766.314,
   87         F.S.; deleting obsolete language and updating
   88         provisions to conform to current law; revising the
   89         frequency with which the department must submit
   90         certain reports to the Florida Birth-Related
   91         Neurological Injury Compensation Association; revising
   92         the content of such reports; authorizing the
   93         association to enforce the collection of certain
   94         assessments in circuit court under certain
   95         circumstances; requiring the association to notify the
   96         department and the applicable regulatory board of any
   97         unpaid final judgment against a physician within a
   98         specified timeframe; providing effective dates.
   99          
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Subsections (2) and (3) of section 381.0045,
  103  Florida Statutes, are amended to read:
  104         381.0045 Targeted outreach for pregnant women.—
  105         (2) It is the purpose of this section to establish a
  106  targeted outreach program for high-risk pregnant women who may
  107  not seek proper prenatal care, who suffer from substance abuse
  108  or mental health problems, or who have acquired are infected
  109  with human immunodeficiency virus (HIV), and to provide these
  110  women with links to much-needed much needed services and
  111  information.
  112         (3) The department shall:
  113         (a) Conduct outreach programs through contracts with,
  114  grants to, or other working relationships with persons or
  115  entities where the target population is likely to be found.
  116         (b) Provide outreach that is peer-based, culturally
  117  sensitive, and performed in a nonjudgmental manner.
  118         (c) Encourage high-risk pregnant women of unknown status to
  119  be tested for HIV and other sexually transmissible diseases as
  120  specified by department rule.
  121         (d) Educate women not receiving prenatal care as to the
  122  benefits of such care.
  123         (e) Provide HIV-infected pregnant women who have HIV with
  124  information on the need for antiretroviral medication for their
  125  newborn, their medication options, and how they can access the
  126  medication after their discharge from the hospital so they can
  127  make an informed decision about the use of Zidovudine (AZT).
  128         (f) Link women with substance abuse treatment and mental
  129  health services, when available, and act as a liaison with
  130  Healthy Start coalitions, children’s medical services, Ryan
  131  White-funded providers, and other services of the Department of
  132  Health.
  133         (g) Educate pregnant women who have HIV on the importance
  134  of engaging in and continuing HIV care.
  135         (h) Provide continued oversight of any newborn exposed to
  136  HIV to determine the newborn’s final HIV status and ensure
  137  continued linkage to care if the newborn is diagnosed with HIV
  138  to HIV-exposed newborns.
  139         Section 2. Paragraphs (a) and (c) of subsection (2) of
  140  section 381.0303, Florida Statutes, are amended to read:
  141         381.0303 Special needs shelters.—
  142         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
  143  ASSISTANCE.—If funds have been appropriated to support disaster
  144  coordinator positions in county health departments:
  145         (a) The department shall assume lead responsibility for the
  146  coordination of local medical and health care providers, the
  147  American Red Cross, and other interested parties in developing a
  148  plan for the staffing and medical management of special needs
  149  shelters and. The local Children’s Medical Services offices
  150  shall assume lead responsibility for the coordination of local
  151  medical and health care providers, the American Red Cross, and
  152  other interested parties in developing a plan for the staffing
  153  and medical management of pediatric special needs shelters.
  154  Plans must conform to the local comprehensive emergency
  155  management plan.
  156         (c) The appropriate county health department, Children’s
  157  Medical Services office, and local emergency management agency
  158  shall jointly decide who has responsibility for medical
  159  supervision in each special needs shelter.
  160         Section 3. Effective upon this act becoming a law,
  161  paragraph (a) of subsection (8) of section 381.986, Florida
  162  Statutes, is amended to read:
  163         381.986 Medical use of marijuana.—
  164         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  165         (a) The department shall license medical marijuana
  166  treatment centers to ensure reasonable statewide accessibility
  167  and availability as necessary for qualified patients registered
  168  in the medical marijuana use registry and who are issued a
  169  physician certification under this section.
  170         1. As soon as practicable, but no later than July 3, 2017,
  171  the department shall license as a medical marijuana treatment
  172  center any entity that holds an active, unrestricted license to
  173  cultivate, process, transport, and dispense low-THC cannabis,
  174  medical cannabis, and cannabis delivery devices, under former s.
  175  381.986, Florida Statutes 2016, before July 1, 2017, and which
  176  meets the requirements of this section. In addition to the
  177  authority granted under this section, these entities are
  178  authorized to dispense low-THC cannabis, medical cannabis, and
  179  cannabis delivery devices ordered pursuant to former s. 381.986,
  180  Florida Statutes 2016, which were entered into the compassionate
  181  use registry before July 1, 2017, and are authorized to begin
  182  dispensing marijuana under this section on July 3, 2017. The
  183  department may grant variances from the representations made in
  184  such an entity’s original application for approval under former
  185  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  186         2. The department shall license as medical marijuana
  187  treatment centers 10 applicants that meet the requirements of
  188  this section, under the following parameters:
  189         a. As soon as practicable, but no later than August 1,
  190  2017, the department shall license any applicant whose
  191  application was reviewed, evaluated, and scored by the
  192  department and which was denied a dispensing organization
  193  license by the department under former s. 381.986, Florida
  194  Statutes 2014; which had one or more administrative or judicial
  195  challenges pending as of January 1, 2017, or had a final ranking
  196  within one point of the highest final ranking in its region
  197  under former s. 381.986, Florida Statutes 2014; which meets the
  198  requirements of this section; and which provides documentation
  199  to the department that it has the existing infrastructure and
  200  technical and technological ability to begin cultivating
  201  marijuana within 30 days after registration as a medical
  202  marijuana treatment center.
  203         b. As soon as practicable, the department shall license one
  204  applicant that is a recognized class member of Pigford v.
  205  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  206  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  207  under this sub-subparagraph is exempt from the requirement of
  208  subparagraph (b)2. An applicant that applies for licensure under
  209  this sub-subparagraph, pays its initial application fee, is
  210  determined by the department through the application process to
  211  qualify as a recognized class member, and is not awarded a
  212  license under this sub-subparagraph may transfer its initial
  213  application fee to one subsequent opportunity to apply for
  214  licensure under subparagraph 4.
  215         c. As soon as practicable, but no later than October 3,
  216  2017, the department shall license applicants that meet the
  217  requirements of this section in sufficient numbers to result in
  218  10 total licenses issued under this subparagraph, while
  219  accounting for the number of licenses issued under sub
  220  subparagraphs a. and b.
  221         3. For up to two of the licenses issued under subparagraph
  222  2., the department shall give preference to applicants that
  223  demonstrate in their applications that they own one or more
  224  facilities that are, or were, used for the canning,
  225  concentrating, or otherwise processing of citrus fruit or citrus
  226  molasses and will use or convert the facility or facilities for
  227  the processing of marijuana.
  228         4. Within 6 months after the registration of 100,000 active
  229  qualified patients in the medical marijuana use registry, the
  230  department shall license four additional medical marijuana
  231  treatment centers that meet the requirements of this section.
  232  Thereafter, the department shall license four medical marijuana
  233  treatment centers within 6 months after the registration of each
  234  additional 100,000 active qualified patients in the medical
  235  marijuana use registry that meet the requirements of this
  236  section.
  237         Section 4. Present paragraphs (e) through (h) of subsection
  238  (14) of section 381.986, Florida Statutes, are redesignated as
  239  paragraphs (f) through (i), respectively, a new paragraph (e) is
  240  added to that subsection, and paragraph (e) of subsection (8) of
  241  that section is amended, to read:
  242         381.986 Medical use of marijuana.—
  243         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  244         (e) A licensed medical marijuana treatment center shall
  245  cultivate, process, transport, and dispense marijuana for
  246  medical use. A licensed medical marijuana treatment center may
  247  not contract for services directly related to the cultivation,
  248  processing, and dispensing of marijuana or marijuana delivery
  249  devices, except that a medical marijuana treatment center
  250  licensed pursuant to subparagraph (a)1. may contract with a
  251  single entity for the cultivation, processing, transporting, and
  252  dispensing of marijuana and marijuana delivery devices. A
  253  licensed medical marijuana treatment center must, at all times,
  254  maintain compliance with the criteria demonstrated and
  255  representations made in the initial application and the criteria
  256  established in this subsection. Upon request, the department may
  257  grant a medical marijuana treatment center a variance from the
  258  representations made in the initial application. Consideration
  259  of such a request shall be based upon the individual facts and
  260  circumstances surrounding the request. A variance may not be
  261  granted unless the requesting medical marijuana treatment center
  262  can demonstrate to the department that it has a proposed
  263  alternative to the specific representation made in its
  264  application which fulfills the same or a similar purpose as the
  265  specific representation in a way that the department can
  266  reasonably determine will not be a lower standard than the
  267  specific representation in the application. A variance may not
  268  be granted from the requirements in subparagraph 2. and
  269  subparagraphs (b)1. and 2.
  270         1. A licensed medical marijuana treatment center may
  271  transfer ownership to an individual or entity who meets the
  272  requirements of this section. A publicly traded corporation or
  273  publicly traded company that meets the requirements of this
  274  section is not precluded from ownership of a medical marijuana
  275  treatment center. To accommodate a change in ownership:
  276         a. The licensed medical marijuana treatment center shall
  277  notify the department in writing at least 60 days before the
  278  anticipated date of the change of ownership.
  279         b. The individual or entity applying for initial licensure
  280  due to a change of ownership must submit an application that
  281  must be received by the department at least 60 days before the
  282  date of change of ownership.
  283         c. Upon receipt of an application for a license, the
  284  department shall examine the application and, within 30 days
  285  after receipt, notify the applicant in writing of any apparent
  286  errors or omissions and request any additional information
  287  required.
  288         d. Requested information omitted from an application for
  289  licensure must be filed with the department within 21 days after
  290  the department’s request for omitted information or the
  291  application shall be deemed incomplete and shall be withdrawn
  292  from further consideration and the fees shall be forfeited.
  293         e. Within 30 days after the receipt of a complete
  294  application, the department shall approve or deny the
  295  application.
  296         2. A medical marijuana treatment center, and any individual
  297  or entity who directly or indirectly owns, controls, or holds
  298  with power to vote 5 percent or more of the voting shares of a
  299  medical marijuana treatment center, may not acquire direct or
  300  indirect ownership or control of any voting shares or other form
  301  of ownership of any other medical marijuana treatment center.
  302         3. A medical marijuana treatment center may not enter into
  303  any form of profit-sharing arrangement with the property owner
  304  or lessor of any of its facilities where cultivation,
  305  processing, storing, or dispensing of marijuana and marijuana
  306  delivery devices occurs.
  307         4. All employees of a medical marijuana treatment center
  308  must be 21 years of age or older and have passed a background
  309  screening pursuant to subsection (9).
  310         5. Each medical marijuana treatment center must adopt and
  311  enforce policies and procedures to ensure employees and
  312  volunteers receive training on the legal requirements to
  313  dispense marijuana to qualified patients.
  314         6. When growing marijuana, a medical marijuana treatment
  315  center:
  316         a. May use pesticides determined by the department, after
  317  consultation with the Department of Agriculture and Consumer
  318  Services, to be safely applied to plants intended for human
  319  consumption, but may not use pesticides designated as
  320  restricted-use pesticides pursuant to s. 487.042.
  321         b. Must grow marijuana within an enclosed structure and in
  322  a room separate from any other plant.
  323         c. Must inspect seeds and growing plants for plant pests
  324  that endanger or threaten the horticultural and agricultural
  325  interests of the state in accordance with chapter 581 and any
  326  rules adopted thereunder.
  327         d. Must perform fumigation or treatment of plants, or
  328  remove and destroy infested or infected plants, in accordance
  329  with chapter 581 and any rules adopted thereunder.
  330         7. Each medical marijuana treatment center must produce and
  331  make available for purchase at least one low-THC cannabis
  332  product.
  333         8. A medical marijuana treatment center that produces
  334  edibles must hold a permit to operate as a food establishment
  335  pursuant to chapter 500, the Florida Food Safety Act, and must
  336  comply with all the requirements for food establishments
  337  pursuant to chapter 500 and any rules adopted thereunder.
  338  Edibles may not contain more than 200 milligrams of
  339  tetrahydrocannabinol, and a single serving portion of an edible
  340  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  341  may have a potency variance of no greater than 15 percent.
  342  Edibles may not be attractive to children; be manufactured in
  343  the shape of humans, cartoons, or animals; be manufactured in a
  344  form that bears any reasonable resemblance to products available
  345  for consumption as commercially available candy; or contain any
  346  color additives. To discourage consumption of edibles by
  347  children, the department shall determine by rule any shapes,
  348  forms, and ingredients allowed and prohibited for edibles.
  349  Medical marijuana treatment centers may not begin processing or
  350  dispensing edibles until after the effective date of the rule.
  351  The department shall also adopt sanitation rules providing the
  352  standards and requirements for the storage, display, or
  353  dispensing of edibles.
  354         9. Within 12 months after licensure, a medical marijuana
  355  treatment center must demonstrate to the department that all of
  356  its processing facilities have passed a Food Safety Good
  357  Manufacturing Practices, such as Global Food Safety Initiative
  358  or equivalent, inspection by a nationally accredited certifying
  359  body. A medical marijuana treatment center must immediately stop
  360  processing at any facility which fails to pass this inspection
  361  until it demonstrates to the department that such facility has
  362  met this requirement.
  363         10. A medical marijuana treatment center that produces
  364  prerolled marijuana cigarettes may not use wrapping paper made
  365  with tobacco or hemp.
  366         11. When processing marijuana, a medical marijuana
  367  treatment center must:
  368         a. Process the marijuana within an enclosed structure and
  369  in a room separate from other plants or products.
  370         b. Comply with department rules when processing marijuana
  371  with hydrocarbon solvents or other solvents or gases exhibiting
  372  potential toxicity to humans. The department shall determine by
  373  rule the requirements for medical marijuana treatment centers to
  374  use such solvents or gases exhibiting potential toxicity to
  375  humans.
  376         c. Comply with federal and state laws and regulations and
  377  department rules for solid and liquid wastes. The department
  378  shall determine by rule procedures for the storage, handling,
  379  transportation, management, and disposal of solid and liquid
  380  waste generated during marijuana production and processing. The
  381  Department of Environmental Protection shall assist the
  382  department in developing such rules.
  383         d. Test the processed marijuana using a medical marijuana
  384  testing laboratory before it is dispensed. Results must be
  385  verified and signed by two medical marijuana treatment center
  386  employees. Before dispensing, the medical marijuana treatment
  387  center must determine that the test results indicate that low
  388  THC cannabis meets the definition of low-THC cannabis, the
  389  concentration of tetrahydrocannabinol meets the potency
  390  requirements of this section, the labeling of the concentration
  391  of tetrahydrocannabinol and cannabidiol is accurate, and all
  392  marijuana is safe for human consumption and free from
  393  contaminants that are unsafe for human consumption. The
  394  department shall determine by rule which contaminants must be
  395  tested for and the maximum levels of each contaminant which are
  396  safe for human consumption. The Department of Agriculture and
  397  Consumer Services shall assist the department in developing the
  398  testing requirements for contaminants that are unsafe for human
  399  consumption in edibles. The department shall also determine by
  400  rule the procedures for the treatment of marijuana that fails to
  401  meet the testing requirements of this section, s. 381.988, or
  402  department rule. The department may select samples of marijuana
  403  a random sample from edibles available for purchase in a medical
  404  marijuana treatment center dispensing facility which shall be
  405  tested by the department to determine whether that the marijuana
  406  edible meets the potency requirements of this section, is safe
  407  for human consumption, and is accurately labeled with the
  408  labeling of the tetrahydrocannabinol and cannabidiol
  409  concentration or to verify the result of marijuana testing
  410  conducted by a marijuana testing laboratory. The department may
  411  also select samples of marijuana delivery devices from a medical
  412  marijuana treatment center to determine whether the marijuana
  413  delivery device is safe for use by qualified patients is
  414  accurate. A medical marijuana treatment center may not require
  415  payment from the department for the sample. A medical marijuana
  416  treatment center must recall marijuana edibles, including all
  417  marijuana and marijuana products edibles made from the same
  418  batch of marijuana, that fails which fail to meet the potency
  419  requirements of this section, that is which are unsafe for human
  420  consumption, or for which the labeling of the
  421  tetrahydrocannabinol and cannabidiol concentration is
  422  inaccurate. A medical marijuana treatment center must also
  423  recall all marijuana delivery devices determined to be unsafe
  424  for use by qualified patients. The medical marijuana treatment
  425  center must retain records of all testing and samples of each
  426  homogenous batch of marijuana for at least 9 months. The medical
  427  marijuana treatment center must contract with a marijuana
  428  testing laboratory to perform audits on the medical marijuana
  429  treatment center’s standard operating procedures, testing
  430  records, and samples and provide the results to the department
  431  to confirm that the marijuana or low-THC cannabis meets the
  432  requirements of this section and that the marijuana or low-THC
  433  cannabis is safe for human consumption. A medical marijuana
  434  treatment center shall reserve two processed samples from each
  435  batch and retain such samples for at least 9 months for the
  436  purpose of such audits. A medical marijuana treatment center may
  437  use a laboratory that has not been certified by the department
  438  under s. 381.988 until such time as at least one laboratory
  439  holds the required certification, but in no event later than
  440  July 1, 2018.
  441         e. Package the marijuana in compliance with the United
  442  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  443  1471 et seq.
  444         f. Package the marijuana in a receptacle that has a firmly
  445  affixed and legible label stating the following information:
  446         (I) The marijuana or low-THC cannabis meets the
  447  requirements of sub-subparagraph d.
  448         (II) The name of the medical marijuana treatment center
  449  from which the marijuana originates.
  450         (III) The batch number and harvest number from which the
  451  marijuana originates and the date dispensed.
  452         (IV) The name of the physician who issued the physician
  453  certification.
  454         (V) The name of the patient.
  455         (VI) The product name, if applicable, and dosage form,
  456  including concentration of tetrahydrocannabinol and cannabidiol.
  457  The product name may not contain wording commonly associated
  458  with products marketed by or to children.
  459         (VII) The recommended dose.
  460         (VIII) A warning that it is illegal to transfer medical
  461  marijuana to another person.
  462         (IX) A marijuana universal symbol developed by the
  463  department.
  464         12. The medical marijuana treatment center shall include in
  465  each package a patient package insert with information on the
  466  specific product dispensed related to:
  467         a. Clinical pharmacology.
  468         b. Indications and use.
  469         c. Dosage and administration.
  470         d. Dosage forms and strengths.
  471         e. Contraindications.
  472         f. Warnings and precautions.
  473         g. Adverse reactions.
  474         13. In addition to the packaging and labeling requirements
  475  specified in subparagraphs 11. and 12., marijuana in a form for
  476  smoking must be packaged in a sealed receptacle with a legible
  477  and prominent warning to keep away from children and a warning
  478  that states marijuana smoke contains carcinogens and may
  479  negatively affect health. Such receptacles for marijuana in a
  480  form for smoking must be plain, opaque, and white without
  481  depictions of the product or images other than the medical
  482  marijuana treatment center’s department-approved logo and the
  483  marijuana universal symbol.
  484         14. The department shall adopt rules to regulate the types,
  485  appearance, and labeling of marijuana delivery devices dispensed
  486  from a medical marijuana treatment center. The rules must
  487  require marijuana delivery devices to have an appearance
  488  consistent with medical use.
  489         15. Each edible shall be individually sealed in plain,
  490  opaque wrapping marked only with the marijuana universal symbol.
  491  Where practical, each edible shall be marked with the marijuana
  492  universal symbol. In addition to the packaging and labeling
  493  requirements in subparagraphs 11. and 12., edible receptacles
  494  must be plain, opaque, and white without depictions of the
  495  product or images other than the medical marijuana treatment
  496  center’s department-approved logo and the marijuana universal
  497  symbol. The receptacle must also include a list of all the
  498  edible’s ingredients, storage instructions, an expiration date,
  499  a legible and prominent warning to keep away from children and
  500  pets, and a warning that the edible has not been produced or
  501  inspected pursuant to federal food safety laws.
  502         16. When dispensing marijuana or a marijuana delivery
  503  device, a medical marijuana treatment center:
  504         a. May dispense any active, valid order for low-THC
  505  cannabis, medical cannabis and cannabis delivery devices issued
  506  pursuant to former s. 381.986, Florida Statutes 2016, which was
  507  entered into the medical marijuana use registry before July 1,
  508  2017.
  509         b. May not dispense more than a 70-day supply of marijuana
  510  within any 70-day period to a qualified patient or caregiver.
  511  May not dispense more than one 35-day supply of marijuana in a
  512  form for smoking within any 35-day period to a qualified patient
  513  or caregiver. A 35-day supply of marijuana in a form for smoking
  514  may not exceed 2.5 ounces unless an exception to this amount is
  515  approved by the department pursuant to paragraph (4)(f).
  516         c. Must have the medical marijuana treatment center’s
  517  employee who dispenses the marijuana or a marijuana delivery
  518  device enter into the medical marijuana use registry his or her
  519  name or unique employee identifier.
  520         d. Must verify that the qualified patient and the
  521  caregiver, if applicable, each have an active registration in
  522  the medical marijuana use registry and an active and valid
  523  medical marijuana use registry identification card, the amount
  524  and type of marijuana dispensed matches the physician
  525  certification in the medical marijuana use registry for that
  526  qualified patient, and the physician certification has not
  527  already been filled.
  528         e. May not dispense marijuana to a qualified patient who is
  529  younger than 18 years of age. If the qualified patient is
  530  younger than 18 years of age, marijuana may only be dispensed to
  531  the qualified patient’s caregiver.
  532         f. May not dispense or sell any other type of cannabis,
  533  alcohol, or illicit drug-related product, including pipes or
  534  wrapping papers made with tobacco or hemp, other than a
  535  marijuana delivery device required for the medical use of
  536  marijuana and which is specified in a physician certification.
  537         g. Must, upon dispensing the marijuana or marijuana
  538  delivery device, record in the registry the date, time,
  539  quantity, and form of marijuana dispensed; the type of marijuana
  540  delivery device dispensed; and the name and medical marijuana
  541  use registry identification number of the qualified patient or
  542  caregiver to whom the marijuana delivery device was dispensed.
  543         h. Must ensure that patient records are not visible to
  544  anyone other than the qualified patient, his or her caregiver,
  545  and authorized medical marijuana treatment center employees.
  546         (14) EXCEPTIONS TO OTHER LAWS.—
  547         (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  548  any other law, but subject to the requirements of this section,
  549  the department, including an employee of the department acting
  550  within the scope of his or her employment, may acquire, possess,
  551  test, transport, and lawfully dispose of marijuana and marijuana
  552  delivery devices as provided in this section, in s. 381.988, and
  553  by department rule.
  554         Section 5. Paragraphs (b) and (c) of subsection (2) of
  555  section 381.99, Florida Statutes, are amended to read:
  556         381.99 Rare Disease Advisory Council.—
  557         (2) The advisory council is composed of the following
  558  members:
  559         (b) As appointed by the President of the Senate:
  560         1. A representative from an academic research institution
  561  in this state which receives grant funding for research
  562  regarding rare diseases.
  563         2. A physician who is licensed under chapter 458 or chapter
  564  459 and practicing in this state with experience in treating
  565  rare diseases.
  566         3. An individual who is 18 years of age or older who has a
  567  rare disease.
  568         4. Two individuals An individual who are caregivers for
  569  individuals is a caregiver of an individual with a rare disease.
  570         5. A representative of an organization operating in this
  571  state which provides care or other support to individuals with
  572  rare diseases.
  573         (c) As appointed by the Speaker of the House of
  574  Representatives:
  575         1. A representative from an academic research institution
  576  in this state which receives grant funding for research
  577  regarding rare diseases.
  578         2. A physician who is licensed under chapter 458 or chapter
  579  459 and practicing in this state with experience in treating
  580  rare diseases.
  581         3. An individual who is 18 years of age or older who has a
  582  rare disease.
  583         4. Two individuals An individual who are caregivers for
  584  individuals is a caregiver of an individual with a rare disease.
  585         5. A representative of organizations in this state which
  586  provide care or other support to individuals with rare diseases.
  587  
  588  Any vacancy on the advisory council must be filled in the same
  589  manner as the original appointment.
  590         Section 6. Subsection (9) of section 383.216, Florida
  591  Statutes, is amended to read:
  592         383.216 Community-based prenatal and infant health care.—
  593         (9) Local prenatal and infant health care coalitions shall
  594  incorporate as not-for-profit corporations for the purpose of
  595  seeking and receiving grants from federal, state, and local
  596  government and other contributors. However, a coalition need not
  597  be designated as a tax-exempt organization under s. 501(c)(3) of
  598  the Internal Revenue Code. The administrative services
  599  organization representing all Healthy Start Coalitions under s.
  600  409.975(4) may use any method of telecommunication to conduct
  601  meetings for any authorized function, provided that the public
  602  is given proper notice of and reasonable access to the meeting.
  603         Section 7. Subsection (1) of section 456.039, Florida
  604  Statutes, is amended to read:
  605         456.039 Designated health care professionals; information
  606  required for licensure.—
  607         (1) Each person who applies for initial licensure or
  608  license renewal as a physician under chapter 458, chapter 459,
  609  chapter 460, or chapter 461, except a person applying for
  610  registration pursuant to ss. 458.345 and 459.021, must furnish
  611  the following information to the department, at the time of
  612  application or, and each physician who applies for license
  613  renewal under chapter 458, chapter 459, chapter 460, or chapter
  614  461, except a person registered pursuant to ss. 458.345 and
  615  459.021, must, in conjunction with the renewal of such license
  616  and under procedures adopted by the department of Health, and in
  617  addition to any other information that may be required from the
  618  applicant, furnish the following information to the Department
  619  of Health:
  620         (a)1. The name of each medical school that the applicant
  621  has attended, with the dates of attendance and the date of
  622  graduation, and a description of all graduate medical education
  623  completed by the applicant, excluding any coursework taken to
  624  satisfy medical licensure continuing education requirements.
  625         2. The name of each hospital at which the applicant has
  626  privileges.
  627         3. The address at which the applicant will primarily
  628  conduct his or her practice.
  629         4. Any certification that the applicant has received from a
  630  specialty board that is recognized by the board to which the
  631  applicant is applying.
  632         5. The year that the applicant began practicing medicine.
  633         6. Any appointment to the faculty of a medical school which
  634  the applicant currently holds and an indication as to whether
  635  the applicant has had the responsibility for graduate medical
  636  education within the most recent 10 years.
  637         7. A description of any criminal offense of which the
  638  applicant has been found guilty, regardless of whether
  639  adjudication of guilt was withheld, or to which the applicant
  640  has pled guilty or nolo contendere. A criminal offense committed
  641  in another jurisdiction which would have been a felony or
  642  misdemeanor if committed in this state must be reported. If the
  643  applicant indicates that a criminal offense is under appeal and
  644  submits a copy of the notice for appeal of that criminal
  645  offense, the department must state that the criminal offense is
  646  under appeal if the criminal offense is reported in the
  647  applicant’s profile. If the applicant indicates to the
  648  department that a criminal offense is under appeal, the
  649  applicant must, upon disposition of the appeal, submit to the
  650  department a copy of the final written order of disposition.
  651         8. A description of any final disciplinary action taken
  652  within the previous 10 years against the applicant by the agency
  653  regulating the profession that the applicant is or has been
  654  licensed to practice, whether in this state or in any other
  655  jurisdiction, by a specialty board that is recognized by the
  656  American Board of Medical Specialties, the American Osteopathic
  657  Association, or a similar national organization, or by a
  658  licensed hospital, health maintenance organization, prepaid
  659  health clinic, ambulatory surgical center, or nursing home.
  660  Disciplinary action includes resignation from or nonrenewal of
  661  medical staff membership or the restriction of privileges at a
  662  licensed hospital, health maintenance organization, prepaid
  663  health clinic, ambulatory surgical center, or nursing home taken
  664  in lieu of or in settlement of a pending disciplinary case
  665  related to competence or character. If the applicant indicates
  666  that the disciplinary action is under appeal and submits a copy
  667  of the document initiating an appeal of the disciplinary action,
  668  the department must state that the disciplinary action is under
  669  appeal if the disciplinary action is reported in the applicant’s
  670  profile.
  671         9. Relevant professional qualifications as defined by the
  672  applicable board.
  673         (b) In addition to the information required under paragraph
  674  (a), for each applicant seeking who seeks licensure under
  675  chapter 458, chapter 459, or chapter 461, and who has practiced
  676  previously in this state or in another jurisdiction or a foreign
  677  country, must provide the information required of licensees
  678  under those chapters pursuant to s. 456.049. An applicant for
  679  licensure under chapter 460 who has practiced previously in this
  680  state or in another jurisdiction or a foreign country must
  681  provide the same information as is required of licensees under
  682  chapter 458, pursuant to s. 456.049.
  683         (c)For each applicant seeking licensure under chapter 458
  684  or chapter 459, proof of payment of the assessment required
  685  under s. 766.314, if applicable.
  686         Section 8. Subsection (1) of section 460.406, Florida
  687  Statutes, is amended to read:
  688         460.406 Licensure by examination.—
  689         (1) Any person desiring to be licensed as a chiropractic
  690  physician must apply to the department to take the licensure
  691  examination. There shall be an application fee set by the board
  692  not to exceed $100 which shall be nonrefundable. There shall
  693  also be an examination fee not to exceed $500 plus the actual
  694  per applicant cost to the department for purchase of portions of
  695  the examination from the National Board of Chiropractic
  696  Examiners or a similar national organization, which may be
  697  refundable if the applicant is found ineligible to take the
  698  examination. The department shall examine each applicant whom
  699  who the board certifies has met all of the following criteria:
  700         (a) Completed the application form and remitted the
  701  appropriate fee.
  702         (b) Submitted proof satisfactory to the department that he
  703  or she is not less than 18 years of age.
  704         (c) Submitted proof satisfactory to the department that he
  705  or she is a graduate of a chiropractic college which is
  706  accredited by or has status with the Council on Chiropractic
  707  Education or its predecessor agency. However, any applicant who
  708  is a graduate of a chiropractic college that was initially
  709  accredited by the Council on Chiropractic Education in 1995, who
  710  graduated from such college within the 4 years immediately
  711  preceding such accreditation, and who is otherwise qualified is
  712  shall be eligible to take the examination. An No application for
  713  a license to practice chiropractic medicine may not shall be
  714  denied solely because the applicant is a graduate of a
  715  chiropractic college that subscribes to one philosophy of
  716  chiropractic medicine as distinguished from another.
  717         (d)1. For an applicant who has matriculated in a
  718  chiropractic college before prior to July 2, 1990, completed at
  719  least 2 years of residence college work, consisting of a minimum
  720  of one-half the work acceptable for a bachelor’s degree granted
  721  on the basis of a 4-year period of study, in a college or
  722  university accredited by an institutional accrediting agency
  723  recognized and approved by the United States Department of
  724  Education. However, before prior to being certified by the board
  725  to sit for the examination, each applicant who has matriculated
  726  in a chiropractic college after July 1, 1990, must shall have
  727  been granted a bachelor’s degree, based upon 4 academic years of
  728  study, by a college or university accredited by an institutional
  729  a regional accrediting agency that which is a member of the
  730  Commission on Recognition of Postsecondary Accreditation.
  731         2. Effective July 1, 2000, completed, before prior to
  732  matriculation in a chiropractic college, at least 3 years of
  733  residence college work, consisting of a minimum of 90 semester
  734  hours leading to a bachelor’s degree in a liberal arts college
  735  or university accredited by an institutional accrediting agency
  736  recognized and approved by the United States Department of
  737  Education. However, before prior to being certified by the board
  738  to sit for the examination, each applicant who has matriculated
  739  in a chiropractic college after July 1, 2000, must shall have
  740  been granted a bachelor’s degree from an institution holding
  741  accreditation for that degree from an institutional a regional
  742  accrediting agency that which is recognized by the United States
  743  Department of Education. The applicant’s chiropractic degree
  744  must consist of credits earned in the chiropractic program and
  745  may not include academic credit for courses from the bachelor’s
  746  degree.
  747         (e) Successfully completed the National Board of
  748  Chiropractic Examiners certification examination in parts I, II,
  749  III, and IV, and the physiotherapy examination of the National
  750  Board of Chiropractic Examiners, with a score approved by the
  751  board.
  752         (f) Submitted to the department a set of fingerprints on a
  753  form and under procedures specified by the department, along
  754  with payment in an amount equal to the costs incurred by the
  755  Department of Health for the criminal background check of the
  756  applicant.
  757  
  758  The board may require an applicant who graduated from an
  759  institution accredited by the Council on Chiropractic Education
  760  more than 10 years before the date of application to the board
  761  to take the National Board of Chiropractic Examiners Special
  762  Purposes Examination for Chiropractic, or its equivalent, as
  763  determined by the board. The board shall establish by rule a
  764  passing score.
  765         Section 9. Subsection (4) of section 464.008, Florida
  766  Statutes, is amended to read:
  767         464.008 Licensure by examination.—
  768         (4) If an applicant who graduates from an approved program
  769  does not take the licensure examination within 6 months after
  770  graduation, he or she must enroll in and successfully complete a
  771  board-approved licensure examination preparatory course. The
  772  applicant is responsible for all costs associated with the
  773  course and may not use state or federal financial aid for such
  774  costs. The board shall by rule establish guidelines for
  775  licensure examination preparatory courses.
  776         Section 10. Paragraph (e) of subsection (1) of section
  777  464.018, Florida Statutes, is amended to read:
  778         464.018 Disciplinary actions.—
  779         (1) The following acts constitute grounds for denial of a
  780  license or disciplinary action, as specified in ss. 456.072(2)
  781  and 464.0095:
  782         (e) Having been found guilty of, regardless of
  783  adjudication, or entered a plea of nolo contendere or guilty to,
  784  regardless of adjudication, any offense prohibited under s.
  785  435.04 or similar statute of another jurisdiction; or having
  786  committed an act which constitutes domestic violence as defined
  787  in s. 741.28.
  788         Section 11. Present subsections (13) and (14) of section
  789  467.003, Florida Statutes, are redesignated as subsections (14)
  790  and (15), respectively, a new subsection (13) is added to that
  791  section, and subsections (1) and (12) of that section are
  792  amended, to read:
  793         467.003 Definitions.—As used in this chapter, unless the
  794  context otherwise requires:
  795         (1) “Approved midwifery program” means a midwifery school
  796  or a midwifery training program which is approved by the
  797  department pursuant to s. 467.205.
  798         (12) “Preceptor” means a physician licensed under chapter
  799  458 or chapter 459, a licensed midwife licensed under this
  800  chapter, or a certified nurse midwife licensed under chapter
  801  464, who has a minimum of 3 years’ professional experience, and
  802  who directs, teaches, supervises, and evaluates the learning
  803  experiences of a the student midwife as part of an approved
  804  midwifery program.
  805         (13)“Prelicensure course” means a course of study, offered
  806  by an accredited midwifery program and approved by the
  807  department, which an applicant for licensure must complete
  808  before a license may be issued and which provides instruction in
  809  the laws and rules of this state and demonstrates the student’s
  810  competency to practice midwifery under this chapter.
  811         Section 12. Section 467.009, Florida Statutes, is amended
  812  to read:
  813         467.009 Accredited and approved midwifery programs;
  814  education and training requirements.—
  815         (1) The department shall adopt standards for accredited and
  816  approved midwifery programs which must include, but need not be
  817  limited to, standards for all of the following:
  818         (a). The standards shall encompass Clinical and classroom
  819  instruction in all aspects of prenatal, intrapartal, and
  820  postpartal care, including all of the following:
  821         1. Obstetrics.;
  822         2. Neonatal pediatrics.;
  823         3. Basic sciences.;
  824         4. Female reproductive anatomy and physiology.;
  825         5. Behavioral sciences.;
  826         6. Childbirth education.;
  827         7. Community care.;
  828         8. Epidemiology.;
  829         9. Genetics.;
  830         10. Embryology.;
  831         11. Neonatology.;
  832         12. Applied pharmacology.;
  833         13. The medical and legal aspects of midwifery.;
  834         14. Gynecology and women’s health.;
  835         15. Family planning.;
  836         16. Nutrition during pregnancy and lactation.;
  837         17. Breastfeeding.; and
  838         18. Basic nursing skills; and any other instruction
  839  determined by the department and council to be necessary.
  840         (b)The standards shall incorporate the Core competencies,
  841  incorporating those established by the American College of Nurse
  842  Midwives and the Midwives Alliance of North America, including
  843  knowledge, skills, and professional behavior in all of the
  844  following areas:
  845         1. Primary management, collaborative management, referral,
  846  and medical consultation.;
  847         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  848         3. Family planning and gynecological care.;
  849         4. Common complications.; and
  850         5. Professional responsibilities.
  851         (c)Noncurricular The standards shall include noncurriculum
  852  matters under this section, including, but not limited to,
  853  staffing and teacher qualifications.
  854         (2) An accredited and approved midwifery program must offer
  855  shall include a course of study and clinical training for a
  856  minimum of 3 years which incorporates all of the standards,
  857  curriculum guidelines, and educational objectives provided in
  858  this section and the rules adopted hereunder.
  859         (3)An accredited and approved midwifery program may reduce
  860  If the applicant is a registered nurse or a licensed practical
  861  nurse or has previous nursing or midwifery education, the
  862  required period of training may be reduced to the extent of the
  863  student’s applicant’s qualifications as a registered nurse or
  864  licensed practical nurse or based on prior completion of
  865  equivalent nursing or midwifery education, as determined under
  866  rules adopted by the department rule. In no case shall the
  867  training be reduced to a period of less than 2 years.
  868         (4)(3)An accredited and approved midwifery program may
  869  accept students who To be accepted into an approved midwifery
  870  program, an applicant shall have both:
  871         (a) A high school diploma or its equivalent.
  872         (b) Taken three college-level credits each of math and
  873  English or demonstrated competencies in communication and
  874  computation.
  875         (5)(4)As part of its course of study, an accredited and
  876  approved midwifery program must require clinical training that
  877  includes all of the following:
  878         (a)A student midwife, during training, shall undertake,
  879  under the supervision of a preceptor, The care of 50 women in
  880  each of the prenatal, intrapartal, and postpartal periods under
  881  the supervision of a preceptor., but The same women need not be
  882  seen through all three periods.
  883         (b)(5)Observation of The student midwife shall observe an
  884  additional 25 women in the intrapartal period before qualifying
  885  for a license.
  886         (6) Clinical The training required under this section must
  887  include all of the following:
  888         (a)shall include Training in either hospitals or
  889  alternative birth settings, or both.
  890         (b)A requirement that students demonstrate competency in
  891  the assessment of and differentiation, with particular emphasis
  892  on learning the ability to differentiate between low-risk
  893  pregnancies and high-risk pregnancies.
  894         (7) A hospital or birthing center receiving public funds
  895  shall be required to provide student midwives access to observe
  896  labor, delivery, and postpartal procedures, provided the woman
  897  in labor has given informed consent. The Department of Health
  898  shall assist in facilitating access to hospital training for
  899  accredited and approved midwifery programs.
  900         (8)(7) The Department of Education shall adopt curricular
  901  frameworks for midwifery programs offered by conducted within
  902  public educational institutions under pursuant to this section.
  903         (8) Nonpublic educational institutions that conduct
  904  approved midwifery programs shall be accredited by a member of
  905  the Commission on Recognition of Postsecondary Accreditation and
  906  shall be licensed by the Commission for Independent Education.
  907         Section 13. Section 467.011, Florida Statutes, is amended
  908  to read:
  909         467.011 Licensed midwives; qualifications; examination
  910  Licensure by examination.—
  911         (1) The department shall administer an examination to test
  912  the proficiency of applicants in the core competencies required
  913  to practice midwifery as specified in s. 467.009.
  914         (2) The department shall develop, publish, and make
  915  available to interested parties at a reasonable cost a
  916  bibliography and guide for the examination.
  917         (3) The department shall issue a license to practice
  918  midwifery to an applicant who meets all of the following
  919  criteria:
  920         (1)Demonstrates that he or she has graduated from one of
  921  the following:
  922         (a) An accredited and approved midwifery program.
  923         (b)A medical or midwifery program offered in another
  924  state, jurisdiction, territory, or country whose graduation
  925  requirements were equivalent to or exceeded those required by s.
  926  467.009 and the rules adopted thereunder at the time of
  927  graduation.
  928         (2)Demonstrates that he or she has and successfully
  929  completed a prelicensure course offered by an accredited and
  930  approved midwifery program. Students graduating from an
  931  accredited and approved midwifery program may meet this
  932  requirement by showing that the content requirements for the
  933  prelicensure course were covered as part of their course of
  934  study.
  935         (3)Submits an application for licensure on a form approved
  936  by the department and pays the appropriate fee.
  937         (4)Demonstrates that he or she has received a passing
  938  score on an the examination specified by the department, upon
  939  payment of the required licensure fee.
  940         Section 14. Section 467.0125, Florida Statutes, is amended
  941  to read:
  942         467.0125 Licensed midwives; qualifications; Licensure by
  943  endorsement; temporary certificates.—
  944         (1) The department shall issue a license by endorsement to
  945  practice midwifery to an applicant who, upon applying to the
  946  department, demonstrates to the department that she or he meets
  947  all of the following criteria:
  948         (a)1. Holds a valid certificate or diploma from a foreign
  949  institution of medicine or midwifery or from a midwifery program
  950  offered in another state, bearing the seal of the institution or
  951  otherwise authenticated, which renders the individual eligible
  952  to practice midwifery in the country or state in which it was
  953  issued, provided the requirements therefor are deemed by the
  954  department to be substantially equivalent to, or to exceed,
  955  those established under this chapter and rules adopted under
  956  this chapter, and submits therewith a certified translation of
  957  the foreign certificate or diploma; or
  958         2. Holds an active, unencumbered a valid certificate or
  959  license to practice midwifery in another state, jurisdiction, or
  960  territory issued by that state, provided the licensing
  961  requirements of that state, jurisdiction, or territory at the
  962  time the license was issued were therefor are deemed by the
  963  department to be substantially equivalent to, or exceeded to
  964  exceed, those established under this chapter and the rules
  965  adopted hereunder under this chapter.
  966         (b) Has successfully completed a 4-month prelicensure
  967  course conducted by an accredited and approved midwifery program
  968  and has submitted documentation to the department of successful
  969  completion.
  970         (c) Submits an application for licensure on a form approved
  971  by the department and pays the appropriate fee Has successfully
  972  passed the licensed midwifery examination.
  973         (2) The department may issue a temporary certificate to
  974  practice in areas of critical need to an applicant any midwife
  975  who is qualifying for a midwifery license licensure by
  976  endorsement under subsection (1) who meets all of the following
  977  criteria, with the following restrictions:
  978         (a) Submits an application for a temporary certificate on a
  979  form approved by the department and pays the appropriate fee,
  980  which may not exceed $50 and is in addition to the fee required
  981  for licensure by endorsement under subsection (1).
  982         (b)Specifies on the application that he or she will The
  983  Department of Health shall determine the areas of critical need,
  984  and the midwife so certified shall practice only in one or more
  985  of the following locations:
  986         1.A county health department.
  987         2.A correctional facility.
  988         3.A United States Department of Veterans Affairs clinic.
  989         4.A community health center funded by s. 329, s. 330, or
  990  s. 340 of the Public Health Service Act.
  991         5.Any other agency or institution that is approved by the
  992  State Surgeon General and provides health care to meet the needs
  993  of an underserved population in this state.
  994         (c)Will practice only those specific areas, under the
  995  supervision auspices of a physician licensed under pursuant to
  996  chapter 458 or chapter 459, a certified nurse midwife licensed
  997  under pursuant to part I of chapter 464, or a midwife licensed
  998  under this chapter, who has a minimum of 3 years’ professional
  999  experience.
 1000         (3)The department may issue a temporary certificate under
 1001  this section with the following restrictions:
 1002         (a)A requirement that a temporary certificateholder
 1003  practice only in areas of critical need. The State Surgeon
 1004  General shall determine the areas of critical need, which Such
 1005  areas shall include, but are not be limited to, health
 1006  professional shortage areas designated by the United States
 1007  Department of Health and Human Services.
 1008         (b) A requirement that if a temporary certificateholder’s
 1009  practice area ceases to be an area of critical need, within 30
 1010  days after such change the certificateholder must either:
 1011         1.Report a new practice area of critical need to the
 1012  department; or
 1013         2.Voluntarily relinquish the temporary certificate.
 1014         (4)The department shall review a temporary
 1015  certificateholder’s practice at least annually to determine
 1016  whether the certificateholder is meeting the requirements of
 1017  subsections (2) and (3) and the rules adopted thereunder. If the
 1018  department determines that a certificateholder is not meeting
 1019  these requirements, the department must revoke the temporary
 1020  certificate.
 1021         (5) A temporary certificate issued under this section is
 1022  shall be valid only as long as an area for which it is issued
 1023  remains an area of critical need, but no longer than 2 years,
 1024  and is shall not be renewable.
 1025         (c) The department may administer an abbreviated oral
 1026  examination to determine the midwife’s competency, but no
 1027  written regular examination shall be necessary.
 1028         (d) The department shall not issue a temporary certificate
 1029  to any midwife who is under investigation in another state for
 1030  an act which would constitute a violation of this chapter until
 1031  such time as the investigation is complete, at which time the
 1032  provisions of this section shall apply.
 1033         (e) The department shall review the practice under a
 1034  temporary certificate at least annually to ascertain that the
 1035  minimum requirements of the midwifery rules promulgated under
 1036  this chapter are being met. If it is determined that the minimum
 1037  requirements are not being met, the department shall immediately
 1038  revoke the temporary certificate.
 1039         (f) The fee for a temporary certificate shall not exceed
 1040  $50 and shall be in addition to the fee required for licensure.
 1041         Section 15. Section 467.205, Florida Statutes, is amended
 1042  to read:
 1043         467.205 Approval of midwifery programs.—
 1044         (1) The department must approve an accredited or state
 1045  licensed public or private institution seeking to provide
 1046  midwifery education and training as an approved midwifery
 1047  program in this state if the institution meets all of the
 1048  following criteria:
 1049         (a)Submits an application for approval on a form approved
 1050  by the department.
 1051         (b)Demonstrates to the department’s satisfaction that the
 1052  proposed midwifery program complies with s. 467.009 and the
 1053  rules adopted thereunder.
 1054         (c)For a private institution, demonstrates its
 1055  accreditation by a member of the Council for Higher Education
 1056  Accreditation or an accrediting agency approved by the United
 1057  States Department of Education as an institutional accrediting
 1058  agency for direct-entry midwifery education programs and its
 1059  licensing or provisional licensing by the Commission for
 1060  Independent Education An organization desiring to conduct an
 1061  approved program for the education of midwives shall apply to
 1062  the department and submit such evidence as may be required to
 1063  show that it complies with s. 467.009 and with the rules of the
 1064  department. Any accredited or state-licensed institution of
 1065  higher learning, public or private, may provide midwifery
 1066  education and training.
 1067         (2) The department shall adopt rules regarding educational
 1068  objectives, faculty qualifications, curriculum guidelines,
 1069  administrative procedures, and other training requirements as
 1070  are necessary to ensure that approved programs graduate midwives
 1071  competent to practice under this chapter.
 1072         (3) The department shall survey each organization applying
 1073  for approval. If the department is satisfied that the program
 1074  meets the requirements of s. 467.009 and rules adopted pursuant
 1075  to that section, it shall approve the program.
 1076         (2)(4) The department shall, at least once every 3 years,
 1077  certify whether each approved midwifery program is currently
 1078  compliant, and has maintained compliance, complies with the
 1079  requirements of standards developed under s. 467.009 and the
 1080  rules adopted thereunder.
 1081         (3)(5) If the department finds that an approved midwifery
 1082  program is not in compliance with the requirements of s. 467.009
 1083  or the rules adopted thereunder, or has lost its accreditation
 1084  status, the department must provide its finding to the program
 1085  in writing and no longer meets the required standards, it may
 1086  place the program on probationary status for a specified period
 1087  of time, which may not exceed 3 years until such time as the
 1088  standards are restored.
 1089         (4) If a program on probationary status does not come into
 1090  compliance with the requirements of s. 467.009 or the rules
 1091  adopted thereunder, or regain its accreditation status, as
 1092  applicable, within the period specified by the department fails
 1093  to correct these conditions within a specified period of time,
 1094  the department may rescind the program’s approval.
 1095         (5)A Any program that has having its approval rescinded
 1096  has shall have the right to reapply for approval.
 1097         (6) The department may grant provisional approval of a new
 1098  program seeking accreditation status, for a period not to exceed
 1099  5 years, provided that all other requirements of this section
 1100  are met.
 1101         (7)The department may rescind provisional approval of a
 1102  program that fails to meet the requirements of s. 467.009, this
 1103  section, or the rules adopted thereunder, in accordance with
 1104  procedures provided in subsections (3) and (4) may be granted
 1105  pending the licensure results of the first graduating class.
 1106         Section 16. Subsections (2), (3), and (4) and paragraphs
 1107  (a) and (b) of subsection (5) of section 468.803, Florida
 1108  Statutes, are amended to read:
 1109         468.803 License, registration, and examination
 1110  requirements.—
 1111         (2) An applicant for registration, examination, or
 1112  licensure must apply to the department on a form prescribed by
 1113  the board for consideration of board approval. Each initial
 1114  applicant shall submit a set of fingerprints to the department
 1115  in accordance with on a form and under procedures specified by
 1116  the department, along with payment in an amount equal to the
 1117  costs incurred by the department for state and national criminal
 1118  history checks of the applicant. The department shall submit the
 1119  fingerprints provided by an applicant to the Department of Law
 1120  Enforcement for a statewide criminal history check, and the
 1121  Department of Law Enforcement shall forward the fingerprints to
 1122  the Federal Bureau of Investigation for a national criminal
 1123  history check of the applicant. The board shall screen the
 1124  results to determine if an applicant meets licensure
 1125  requirements. The board shall consider for examination,
 1126  registration, or licensure each applicant whom who the board
 1127  verifies:
 1128         (a) Has submitted the completed application and completed
 1129  the fingerprinting requirements fingerprint forms and has paid
 1130  the applicable application fee, not to exceed $500, and the cost
 1131  of the state and national criminal history checks. The
 1132  application fee is and cost of the criminal history checks shall
 1133  be nonrefundable;
 1134         (b) Is of good moral character;
 1135         (c) Is 18 years of age or older; and
 1136         (d) Has completed the appropriate educational preparation.
 1137         (3) A person seeking to attain the orthotics or prosthetics
 1138  experience required for licensure in this state must be approved
 1139  by the board and registered as a resident by the department.
 1140  Although a registration may be held in both disciplines, for
 1141  independent registrations the board may not approve a second
 1142  registration until at least 1 year after the issuance of the
 1143  first registration. Notwithstanding subsection (2), a person who
 1144  has been approved by the board and registered by the department
 1145  in one discipline may apply for registration in the second
 1146  discipline without an additional state or national criminal
 1147  history check during the period in which the first registration
 1148  is valid. Each independent registration or dual registration is
 1149  valid for 2 years after the date of issuance unless otherwise
 1150  revoked by the department upon recommendation of the board. The
 1151  board shall set a registration fee not to exceed $500 to be paid
 1152  by the applicant. A registration may be renewed once by the
 1153  department upon recommendation of the board for a period no
 1154  longer than 1 year, as such renewal is defined by the board by
 1155  rule. The renewal fee may not exceed one-half the current
 1156  registration fee. To be considered by the board for approval of
 1157  registration as a resident, the applicant must have one of the
 1158  following:
 1159         (a) A Bachelor of Science or higher-level postgraduate
 1160  degree in orthotics and prosthetics from an institutionally a
 1161  regionally accredited college or university recognized by the
 1162  Commission on Accreditation of Allied Health Education Programs.
 1163         (b) A minimum of a bachelor’s degree from an
 1164  institutionally a regionally accredited college or university
 1165  and a certificate in orthotics or prosthetics from a program
 1166  recognized by the Commission on Accreditation of Allied Health
 1167  Education Programs, or its equivalent, as determined by the
 1168  board.
 1169         (c) A minimum of a bachelor’s degree from an
 1170  institutionally a regionally accredited college or university
 1171  and a dual certificate in both orthotics and prosthetics from
 1172  programs recognized by the Commission on Accreditation of Allied
 1173  Health Education Programs, or its equivalent, as determined by
 1174  the board.
 1175         (4) The department may develop and administer a state
 1176  examination for an orthotist or a prosthetist license, or the
 1177  board may approve the existing examination of a national
 1178  standards organization. The examination must be predicated on a
 1179  minimum of a baccalaureate-level education and formalized
 1180  specialized training in the appropriate field. Each examination
 1181  must demonstrate a minimum level of competence in basic
 1182  scientific knowledge, written problem solving, and practical
 1183  clinical patient management. The board shall require an
 1184  examination fee not to exceed the actual cost to the board in
 1185  developing, administering, and approving the examination, which
 1186  fee must be paid by the applicant. To be considered by the board
 1187  for examination, the applicant must have:
 1188         (a) For an examination in orthotics:
 1189         1. A Bachelor of Science or higher-level postgraduate
 1190  degree in orthotics and prosthetics from an institutionally a
 1191  regionally accredited college or university recognized by the
 1192  Commission on Accreditation of Allied Health Education Programs
 1193  or, at a minimum, a bachelor’s degree from an institutionally a
 1194  regionally accredited college or university and a certificate in
 1195  orthotics from a program recognized by the Commission on
 1196  Accreditation of Allied Health Education Programs, or its
 1197  equivalent, as determined by the board; and
 1198         2. An approved orthotics internship of 1 year of qualified
 1199  experience, as determined by the board, or an orthotic residency
 1200  or dual residency program recognized by the board.
 1201         (b) For an examination in prosthetics:
 1202         1. A Bachelor of Science or higher-level postgraduate
 1203  degree in orthotics and prosthetics from an institutionally a
 1204  regionally accredited college or university recognized by the
 1205  Commission on Accreditation of Allied Health Education Programs
 1206  or, at a minimum, a bachelor’s degree from an institutionally a
 1207  regionally accredited college or university and a certificate in
 1208  prosthetics from a program recognized by the Commission on
 1209  Accreditation of Allied Health Education Programs, or its
 1210  equivalent, as determined by the board; and
 1211         2. An approved prosthetics internship of 1 year of
 1212  qualified experience, as determined by the board, or a
 1213  prosthetic residency or dual residency program recognized by the
 1214  board.
 1215         (5) In addition to the requirements in subsection (2), to
 1216  be licensed as:
 1217         (a) An orthotist, the applicant must pay a license fee not
 1218  to exceed $500 and must have:
 1219         1. A Bachelor of Science or higher-level postgraduate
 1220  degree in orthotics and prosthetics from an institutionally a
 1221  regionally accredited college or university recognized by the
 1222  Commission on Accreditation of Allied Health Education Programs,
 1223  or a bachelor’s degree from an institutionally accredited
 1224  college or university and with a certificate in orthotics from a
 1225  program recognized by the Commission on Accreditation of Allied
 1226  Health Education Programs, or its equivalent, as determined by
 1227  the board;
 1228         2. An approved appropriate internship of 1 year of
 1229  qualified experience, as determined by the board, or a residency
 1230  program recognized by the board;
 1231         3. Completed the mandatory courses; and
 1232         4. Passed the state orthotics examination or the board
 1233  approved orthotics examination.
 1234         (b) A prosthetist, the applicant must pay a license fee not
 1235  to exceed $500 and must have:
 1236         1. A Bachelor of Science or higher-level postgraduate
 1237  degree in orthotics and prosthetics from an institutionally a
 1238  regionally accredited college or university recognized by the
 1239  Commission on Accreditation of Allied Health Education Programs,
 1240  or a bachelor’s degree from an institutionally accredited
 1241  college or university and with a certificate in prosthetics from
 1242  a program recognized by the Commission on Accreditation of
 1243  Allied Health Education Programs, or its equivalent, as
 1244  determined by the board;
 1245         2. An internship of 1 year of qualified experience, as
 1246  determined by the board, or a residency program recognized by
 1247  the board;
 1248         3. Completed the mandatory courses; and
 1249         4. Passed the state prosthetics examination or the board
 1250  approved prosthetics examination.
 1251         Section 17. Section 483.824, Florida Statutes, is amended
 1252  to read:
 1253         483.824 Qualifications of clinical laboratory director.—A
 1254  clinical laboratory director must have 4 years of clinical
 1255  laboratory experience with 2 years of experience in the
 1256  specialty to be directed or be nationally board certified in the
 1257  specialty to be directed, and must meet one of the following
 1258  requirements:
 1259         (1) Be a physician licensed under chapter 458 or chapter
 1260  459;
 1261         (2) Hold an earned doctoral degree in a chemical, physical,
 1262  or biological science from an institutionally a regionally
 1263  accredited institution and maintain national certification
 1264  requirements equal to those required by the federal Health Care
 1265  Financing Administration; or
 1266         (3) For the subspecialty of oral pathology, be a physician
 1267  licensed under chapter 458 or chapter 459 or a dentist licensed
 1268  under chapter 466.
 1269         Section 18. Subsection (3) of section 490.003, Florida
 1270  Statutes, is amended to read:
 1271         490.003 Definitions.—As used in this chapter:
 1272         (3)(a)“Doctoral degree from an American Psychological
 1273  Association accredited program” means Effective July 1, 1999,
 1274  “doctoral-level psychological education” and “doctoral degree in
 1275  psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
 1276  psychology from a psychology program at an educational
 1277  institution that, at the time the applicant was enrolled and
 1278  graduated:
 1279         1.(a) Had institutional accreditation from an agency
 1280  recognized and approved by the United States Department of
 1281  Education or was recognized as a member in good standing with
 1282  Universities Canada the Association of Universities and Colleges
 1283  of Canada; and
 1284         2.(b) Had programmatic accreditation from the American
 1285  Psychological Association.
 1286         (b)“Doctoral degree in psychology” means a Psy.D., an
 1287  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1288  program at an educational institution that, at the time the
 1289  applicant was enrolled and graduated, had institutional
 1290  accreditation from an agency recognized and approved by the
 1291  United States Department of Education or was recognized as a
 1292  member in good standing with Universities Canada.
 1293         Section 19. Subsection (1) of section 490.005, Florida
 1294  Statutes, is amended to read:
 1295         490.005 Licensure by examination.—
 1296         (1) Any person desiring to be licensed as a psychologist
 1297  shall apply to the department to take the licensure examination.
 1298  The department shall license each applicant whom who the board
 1299  certifies has met all of the following requirements:
 1300         (a) Completed the application form and remitted a
 1301  nonrefundable application fee not to exceed $500 and an
 1302  examination fee set by the board sufficient to cover the actual
 1303  per applicant cost to the department for development, purchase,
 1304  and administration of the examination, but not to exceed $500.
 1305         (b) Submitted proof satisfactory to the board that the
 1306  applicant has received:
 1307         1. A doctoral degree from an American Psychological
 1308  Association accredited program Doctoral-level psychological
 1309  education; or
 1310         2. The equivalent of a doctoral degree from an American
 1311  Psychological Association accredited program doctoral-level
 1312  psychological education, as defined in s. 490.003(3), from a
 1313  program at a school or university located outside the United
 1314  States of America which was officially recognized by the
 1315  government of the country in which it is located as an
 1316  institution or program to train students to practice
 1317  professional psychology. The applicant has the burden of
 1318  establishing that this requirement has been met.
 1319         (c) Had at least 2 years or 4,000 hours of experience in
 1320  the field of psychology in association with or under the
 1321  supervision of a licensed psychologist meeting the academic and
 1322  experience requirements of this chapter or the equivalent as
 1323  determined by the board. The experience requirement may be met
 1324  by work performed on or off the premises of the supervising
 1325  psychologist if the off-premises work is not the independent,
 1326  private practice rendering of psychological services that does
 1327  not have a psychologist as a member of the group actually
 1328  rendering psychological services on the premises.
 1329         (d) Passed the examination. However, an applicant who has
 1330  obtained a passing score, as established by the board by rule,
 1331  on the psychology licensure examination designated by the board
 1332  as the national licensure examination need only pass the Florida
 1333  law and rules portion of the examination.
 1334         Section 20. Subsection (1) of section 490.0051, Florida
 1335  Statutes, is amended to read:
 1336         490.0051 Provisional licensure; requirements.—
 1337         (1) The department shall issue a provisional psychology
 1338  license to each applicant whom who the board certifies has met
 1339  all of the following criteria:
 1340         (a) Completed the application form and remitted a
 1341  nonrefundable application fee not to exceed $250, as set by
 1342  board rule.
 1343         (b) Earned a doctoral degree from an American Psychological
 1344  Association accredited program in psychology as defined in s.
 1345  490.003(3).
 1346         (c) Met any additional requirements established by board
 1347  rule.
 1348         Section 21. Effective upon this act becoming a law,
 1349  subsections (1), (3), and (4) of section 491.005, Florida
 1350  Statutes, are amended to read:
 1351         491.005 Licensure by examination.—
 1352         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1353  documentation and payment of a fee not to exceed $200, as set by
 1354  board rule, plus the actual per applicant cost to the department
 1355  for purchase of the examination from the American Association of
 1356  State Social Worker’s Boards or a similar national organization,
 1357  the department shall issue a license as a clinical social worker
 1358  to an applicant whom who the board certifies has met all of the
 1359  following criteria:
 1360         (a) Has Submitted an application and paid the appropriate
 1361  fee.
 1362         (b)1. Has Received a doctoral degree in social work from a
 1363  graduate school of social work which at the time the applicant
 1364  graduated was accredited by an accrediting agency recognized by
 1365  the United States Department of Education or has received a
 1366  master’s degree in social work from a graduate school of social
 1367  work which at the time the applicant graduated:
 1368         a. Was accredited by the Council on Social Work Education;
 1369         b. Was accredited by the Canadian Association for of
 1370  Schools of Social Work Education; or
 1371         c. Has been determined to have been a program equivalent to
 1372  programs approved by the Council on Social Work Education by the
 1373  Foreign Equivalency Determination Service of the Council on
 1374  Social Work Education. An applicant who graduated from a program
 1375  at a university or college outside of the United States or
 1376  Canada must present documentation of the equivalency
 1377  determination from the council in order to qualify.
 1378         2. The applicant’s graduate program must have emphasized
 1379  direct clinical patient or client health care services,
 1380  including, but not limited to, coursework in clinical social
 1381  work, psychiatric social work, medical social work, social
 1382  casework, psychotherapy, or group therapy. The applicant’s
 1383  graduate program must have included all of the following
 1384  coursework:
 1385         a. A supervised field placement which was part of the
 1386  applicant’s advanced concentration in direct practice, during
 1387  which the applicant provided clinical services directly to
 1388  clients.
 1389         b. Completion of 24 semester hours or 32 quarter hours in
 1390  theory of human behavior and practice methods as courses in
 1391  clinically oriented services, including a minimum of one course
 1392  in psychopathology, and no more than one course in research,
 1393  taken in a school of social work accredited or approved pursuant
 1394  to subparagraph 1.
 1395         3. If the course title which appears on the applicant’s
 1396  transcript does not clearly identify the content of the
 1397  coursework, the applicant provided shall be required to provide
 1398  additional documentation, including, but not limited to, a
 1399  syllabus or catalog description published for the course.
 1400         (c) Completed Has had at least 2 years of clinical social
 1401  work experience, which took place subsequent to completion of a
 1402  graduate degree in social work at an institution meeting the
 1403  accreditation requirements of this section, under the
 1404  supervision of a licensed clinical social worker or the
 1405  equivalent who is a qualified supervisor as determined by the
 1406  board. An individual who intends to practice in Florida to
 1407  satisfy clinical experience requirements must register pursuant
 1408  to s. 491.0045 before commencing practice. If the applicant’s
 1409  graduate program was not a program which emphasized direct
 1410  clinical patient or client health care services as described in
 1411  subparagraph (b)2., the supervised experience requirement must
 1412  take place after the applicant has completed a minimum of 15
 1413  semester hours or 22 quarter hours of the coursework required. A
 1414  doctoral internship may be applied toward the clinical social
 1415  work experience requirement. A licensed mental health
 1416  professional must be on the premises when clinical services are
 1417  provided by a registered intern in a private practice setting.
 1418         (d) Has Passed a theory and practice examination designated
 1419  by board rule provided by the department for this purpose.
 1420         (e) Has Demonstrated, in a manner designated by board rule
 1421  of the board, knowledge of the laws and rules governing the
 1422  practice of clinical social work, marriage and family therapy,
 1423  and mental health counseling.
 1424         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1425  documentation and payment of a fee not to exceed $200, as set by
 1426  board rule, plus the actual cost of the purchase of the
 1427  examination from the Association of Marital and Family Therapy
 1428  Regulatory Board, or similar national organization, the
 1429  department shall issue a license as a marriage and family
 1430  therapist to an applicant whom who the board certifies has met
 1431  all of the following criteria:
 1432         (a) Has Submitted an application and paid the appropriate
 1433  fee.
 1434         (b)1.Attained one of the following:
 1435         a.A minimum of a master’s degree in marriage and family
 1436  therapy from a program accredited by the Commission on
 1437  Accreditation for Marriage and Family Therapy Education.
 1438         b.A minimum of a master’s degree with a major emphasis in
 1439  marriage and family therapy or a closely related field from a
 1440  university program accredited by the Council on Accreditation of
 1441  Counseling and Related Educational Programs and graduate courses
 1442  approved by the board.
 1443         c.Has A minimum of a master’s degree with an major
 1444  emphasis in marriage and family therapy or a closely related
 1445  field, with a degree conferred before September 1, 2027, from an
 1446  institutionally accredited college or university from a program
 1447  accredited by the Commission on Accreditation for Marriage and
 1448  Family Therapy Education or from a Florida university program
 1449  accredited by the Council for Accreditation of Counseling and
 1450  Related Educational Programs and graduate courses approved by
 1451  the board of Clinical Social Work, Marriage and Family Therapy,
 1452  and Mental Health Counseling.
 1453         2. If the course title that appears on the applicant’s
 1454  transcript does not clearly identify the content of the
 1455  coursework, the applicant provided shall provide additional
 1456  documentation, including, but not limited to, a syllabus or
 1457  catalog description published for the course. The required
 1458  master’s degree must have been received in an institution of
 1459  higher education that, at the time the applicant graduated, was
 1460  fully accredited by an institutional a regional accrediting body
 1461  recognized by the Council for Higher Education Accreditation or
 1462  its successor organization Commission on Recognition of
 1463  Postsecondary Accreditation or was publicly recognized as a
 1464  member in good standing with Universities Canada the Association
 1465  of Universities and Colleges of Canada, or an institution of
 1466  higher education located outside the United States and Canada
 1467  which, at the time the applicant was enrolled and at the time
 1468  the applicant graduated, maintained a standard of training
 1469  substantially equivalent to the standards of training of those
 1470  institutions in the United States which are accredited by an
 1471  institutional a regional accrediting body recognized by the
 1472  Council for Higher Education Accreditation or its successor
 1473  organization Commission on Recognition of Postsecondary
 1474  Accreditation. Such foreign education and training must have
 1475  been received in an institution or program of higher education
 1476  officially recognized by the government of the country in which
 1477  it is located as an institution or program to train students to
 1478  practice as professional marriage and family therapists or
 1479  psychotherapists. The applicant has the burden of establishing
 1480  that the requirements of this provision have been met, and the
 1481  board shall require documentation, such as an evaluation by a
 1482  foreign equivalency determination service, as evidence that the
 1483  applicant’s graduate degree program and education were
 1484  equivalent to an accredited program in this country. An
 1485  applicant with a master’s degree from a program that did not
 1486  emphasize marriage and family therapy may complete the
 1487  coursework requirement in a training institution fully
 1488  accredited by the Commission on Accreditation for Marriage and
 1489  Family Therapy Education recognized by the United States
 1490  Department of Education.
 1491         (c) Completed Has had at least 2 years of clinical
 1492  experience during which 50 percent of the applicant’s clients
 1493  were receiving marriage and family therapy services, which must
 1494  be at the post-master’s level under the supervision of a
 1495  licensed marriage and family therapist with at least 5 years of
 1496  experience, or the equivalent, who is a qualified supervisor as
 1497  determined by the board. An individual who intends to practice
 1498  in Florida to satisfy the clinical experience requirements must
 1499  register pursuant to s. 491.0045 before commencing practice. If
 1500  a graduate has a master’s degree with a major emphasis in
 1501  marriage and family therapy or a closely related field which did
 1502  not include all of the coursework required by paragraph (b),
 1503  credit for the post-master’s level clinical experience may not
 1504  commence until the applicant has completed a minimum of 10 of
 1505  the courses required by paragraph (b), as determined by the
 1506  board, and at least 6 semester hours or 9 quarter hours of the
 1507  course credits must have been completed in the area of marriage
 1508  and family systems, theories, or techniques. Within the 2 years
 1509  of required experience, the applicant shall provide direct
 1510  individual, group, or family therapy and counseling to cases
 1511  including those involving unmarried dyads, married couples,
 1512  separating and divorcing couples, and family groups that include
 1513  children. A doctoral internship may be applied toward the
 1514  clinical experience requirement. A licensed mental health
 1515  professional must be on the premises when clinical services are
 1516  provided by a registered intern in a private practice setting.
 1517         (d) Has Passed a theory and practice examination designated
 1518  by board rule provided by the department.
 1519         (e) Has Demonstrated, in a manner designated by board rule,
 1520  knowledge of the laws and rules governing the practice of
 1521  clinical social work, marriage and family therapy, and mental
 1522  health counseling.
 1523  
 1524  For the purposes of dual licensure, the department shall license
 1525  as a marriage and family therapist any person who meets the
 1526  requirements of s. 491.0057. Fees for dual licensure may not
 1527  exceed those stated in this subsection.
 1528         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1529  documentation and payment of a fee not to exceed $200, as set by
 1530  board rule, plus the actual per applicant cost of purchase of
 1531  the examination from the National Board for Certified Counselors
 1532  or its successor organization, the department shall issue a
 1533  license as a mental health counselor to an applicant whom who
 1534  the board certifies has met all of the following criteria:
 1535         (a) Has Submitted an application and paid the appropriate
 1536  fee.
 1537         (b)1. Attained Has a minimum of an earned master’s degree
 1538  from a mental health counseling program accredited by the
 1539  Council for the Accreditation of Counseling and Related
 1540  Educational Programs which consists of at least 60 semester
 1541  hours or 80 quarter hours of clinical and didactic instruction,
 1542  including a course in human sexuality and a course in substance
 1543  abuse. If the master’s degree is earned from a program related
 1544  to the practice of mental health counseling which is not
 1545  accredited by the Council for the Accreditation of Counseling
 1546  and Related Educational Programs, then the coursework and
 1547  practicum, internship, or fieldwork must consist of at least 60
 1548  semester hours or 80 quarter hours and meet all of the following
 1549  requirements:
 1550         a. Thirty-three semester hours or 44 quarter hours of
 1551  graduate coursework, which must include a minimum of 3 semester
 1552  hours or 4 quarter hours of graduate-level coursework in each of
 1553  the following 11 content areas: counseling theories and
 1554  practice; human growth and development; diagnosis and treatment
 1555  of psychopathology; human sexuality; group theories and
 1556  practice; individual evaluation and assessment; career and
 1557  lifestyle assessment; research and program evaluation; social
 1558  and cultural foundations; substance abuse; and legal, ethical,
 1559  and professional standards issues in the practice of mental
 1560  health counseling. Courses in research, thesis or dissertation
 1561  work, practicums, internships, or fieldwork may not be applied
 1562  toward this requirement.
 1563         b. A minimum of 3 semester hours or 4 quarter hours of
 1564  graduate-level coursework addressing diagnostic processes,
 1565  including differential diagnosis and the use of the current
 1566  diagnostic tools, such as the current edition of the American
 1567  Psychiatric Association’s Diagnostic and Statistical Manual of
 1568  Mental Disorders. The graduate program must have emphasized the
 1569  common core curricular experience.
 1570         c. The equivalent, as determined by the board, of at least
 1571  700 hours of university-sponsored supervised clinical practicum,
 1572  internship, or field experience that includes at least 280 hours
 1573  of direct client services, as required in the accrediting
 1574  standards of the Council for Accreditation of Counseling and
 1575  Related Educational Programs for mental health counseling
 1576  programs. This experience may not be used to satisfy the post
 1577  master’s clinical experience requirement.
 1578         2. Has Provided additional documentation if a course title
 1579  that appears on the applicant’s transcript does not clearly
 1580  identify the content of the coursework. The documentation must
 1581  include, but is not limited to, a syllabus or catalog
 1582  description published for the course.
 1583  
 1584  Education and training in mental health counseling must have
 1585  been received in an institution of higher education that, at the
 1586  time the applicant graduated, was fully accredited by an
 1587  institutional a regional accrediting body recognized by the
 1588  Council for Higher Education Accreditation or its successor
 1589  organization or was publicly recognized as a member in good
 1590  standing with Universities Canada the Association of
 1591  Universities and Colleges of Canada, or an institution of higher
 1592  education located outside the United States and Canada which, at
 1593  the time the applicant was enrolled and at the time the
 1594  applicant graduated, maintained a standard of training
 1595  substantially equivalent to the standards of training of those
 1596  institutions in the United States which are accredited by an
 1597  institutional a regional accrediting body recognized by the
 1598  Council for Higher Education Accreditation or its successor
 1599  organization. Such foreign education and training must have been
 1600  received in an institution or program of higher education
 1601  officially recognized by the government of the country in which
 1602  it is located as an institution or program to train students to
 1603  practice as mental health counselors. The applicant has the
 1604  burden of establishing that the requirements of this provision
 1605  have been met, and the board shall require documentation, such
 1606  as an evaluation by a foreign equivalency determination service,
 1607  as evidence that the applicant’s graduate degree program and
 1608  education were equivalent to an accredited program in this
 1609  country. Beginning July 1, 2025, an applicant must have a
 1610  master’s degree from a program that is accredited by the Council
 1611  for Accreditation of Counseling and Related Educational
 1612  Programs, the Masters in Psychology and Counseling Accreditation
 1613  Council, or an equivalent accrediting body which consists of at
 1614  least 60 semester hours or 80 quarter hours to apply for
 1615  licensure under this paragraph.
 1616         (c) Completed Has had at least 2 years of clinical
 1617  experience in mental health counseling, which must be at the
 1618  post-master’s level under the supervision of a licensed mental
 1619  health counselor or the equivalent who is a qualified supervisor
 1620  as determined by the board. An individual who intends to
 1621  practice in Florida to satisfy the clinical experience
 1622  requirements must register pursuant to s. 491.0045 before
 1623  commencing practice. If a graduate has a master’s degree with a
 1624  major related to the practice of mental health counseling which
 1625  did not include all the coursework required under sub
 1626  subparagraphs (b)1.a. and b., credit for the post-master’s level
 1627  clinical experience may not commence until the applicant has
 1628  completed a minimum of seven of the courses required under sub
 1629  subparagraphs (b)1.a. and b., as determined by the board, one of
 1630  which must be a course in psychopathology or abnormal
 1631  psychology. A doctoral internship may be applied toward the
 1632  clinical experience requirement. A licensed mental health
 1633  professional must be on the premises when clinical services are
 1634  provided by a registered intern in a private practice setting.
 1635         (d) Has Passed a theory and practice examination designated
 1636  by board rule provided by the department for this purpose.
 1637         (e) Has Demonstrated, in a manner designated by board rule,
 1638  knowledge of the laws and rules governing the practice of
 1639  clinical social work, marriage and family therapy, and mental
 1640  health counseling.
 1641         Section 22. Effective upon this act becoming a law,
 1642  paragraph (d) of subsection (1) of section 766.31, Florida
 1643  Statutes, is amended to read:
 1644         766.31 Administrative law judge awards for birth-related
 1645  neurological injuries; notice of award.—
 1646         (1) Upon determining that an infant has sustained a birth
 1647  related neurological injury and that obstetrical services were
 1648  delivered by a participating physician at the birth, the
 1649  administrative law judge shall make an award providing
 1650  compensation for the following items relative to such injury:
 1651         (d)1.a. Periodic payments of an award to the parents or
 1652  legal guardians of the infant found to have sustained a birth
 1653  related neurological injury, which award may not exceed
 1654  $100,000. However, at the discretion of the administrative law
 1655  judge, such award may be made in a lump sum. Beginning on
 1656  January 1, 2021, the award may not exceed $250,000, and each
 1657  January 1 thereafter, the maximum award authorized under this
 1658  paragraph shall increase by 3 percent.
 1659         b. Parents or legal guardians who received an award
 1660  pursuant to this section before January 1, 2021, and whose child
 1661  currently receives benefits under the plan must receive a
 1662  retroactive payment in an amount sufficient to bring the total
 1663  award paid to the parents or legal guardians pursuant to sub
 1664  subparagraph a. to $250,000. This additional payment may be made
 1665  in a lump sum or in periodic payments as designated by the
 1666  parents or legal guardians and must be paid by July 1, 2021.
 1667         2.a. Death benefit for the infant in an amount of $50,000.
 1668         b. Parents or legal guardians who received an award
 1669  pursuant to this section, and whose child died since the
 1670  inception of the program, must receive a retroactive payment in
 1671  an amount sufficient to bring the total award paid to the
 1672  parents or legal guardians pursuant to sub-subparagraph a. to
 1673  $50,000. This additional payment may be made in a lump sum or in
 1674  periodic payments as designated by the parents or legal
 1675  guardians and must be paid by July 1, 2021.
 1676  
 1677  Should there be a final determination of compensability, and the
 1678  claimants accept an award under this section, the claimants are
 1679  shall not be liable for any expenses, including attorney
 1680  attorney’s fees, incurred in connection with the filing of a
 1681  claim under ss. 766.301-766.316 other than those expenses
 1682  awarded under this section.
 1683         Section 23. The amendment made to s. 766.31(1)(d)1.b.,
 1684  Florida Statutes, by this act applies retroactively. The Florida
 1685  Birth-Related Neurological Injury Compensation Plan must provide
 1686  the additional payment required under s. 766.31(1)(d)1.b.,
 1687  Florida Statutes, to parents and legal guardians who are
 1688  eligible for the additional payment under that sub-subparagraph
 1689  as a result of the amendment made by this act. The additional
 1690  payment may be made in a lump sum or in periodic payments as
 1691  designated by the parents or legal guardians and must be paid by
 1692  July 1, 2022. This section shall take effect upon this act
 1693  becoming a law.
 1694         Section 24. Subsection (6) and paragraph (c) of subsection
 1695  (9) of section 766.314, Florida Statutes, are amended to read:
 1696         766.314 Assessments; plan of operation.—
 1697         (6)(a) The association shall make all assessments required
 1698  by this section, except initial assessments of physicians
 1699  licensed on or after October 1, 1988, which assessments will be
 1700  made by the Department of Health Business and Professional
 1701  Regulation, and except assessments of casualty insurers pursuant
 1702  to subparagraph (5)(c)1., which assessments will be made by the
 1703  Office of Insurance Regulation. Beginning October 1, 1989, for
 1704  any physician licensed between October 1 and December 31 of any
 1705  year, the Department of Business and Professional Regulation
 1706  shall make the initial assessment plus the assessment for the
 1707  following calendar year. The Department of Health Business and
 1708  Professional Regulation shall provide the association, in an
 1709  electronic format, with a monthly report such frequency as
 1710  determined to be necessary, a listing, in a computer-readable
 1711  form, of the names and license numbers addresses of all
 1712  physicians licensed under chapter 458 or chapter 459.
 1713         (b)1. The association may enforce collection of assessments
 1714  required to be paid pursuant to ss. 766.301-766.316 by suit
 1715  filed in county court, or in circuit court if the amount due
 1716  could exceed the jurisdictional limits of county court. The
 1717  association is shall be entitled to an award of attorney
 1718  attorney’s fees, costs, and interest upon the entry of a
 1719  judgment against a physician for failure to pay such assessment,
 1720  with such interest accruing until paid. Notwithstanding the
 1721  provisions of chapters 47 and 48, the association may file such
 1722  suit in either Leon County or the county of the residence of the
 1723  defendant. The association shall notify the Department of Health
 1724  and the applicable board of any unpaid final judgment against a
 1725  physician within 7 days after the entry of final judgment.
 1726         2. The Department of Health Business and Professional
 1727  Regulation, upon notification by the association that an
 1728  assessment has not been paid and that there is an unsatisfied
 1729  judgment against a physician, shall refuse to not renew any
 1730  license issued to practice for such physician under issued
 1731  pursuant to chapter 458 or chapter 459 until the association
 1732  notifies the Department of Health that such time as the judgment
 1733  is satisfied in full.
 1734         (c) The Agency for Health Care Administration shall, upon
 1735  notification by the association that an assessment has not been
 1736  timely paid, enforce collection of such assessments required to
 1737  be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
 1738  a hospital to pay such assessment is grounds for disciplinary
 1739  action pursuant to s. 395.1065 notwithstanding any provision of
 1740  law to the contrary.
 1741         (9)
 1742         (c) If In the event the total of all current estimates
 1743  equals 80 percent of the funds on hand and the funds that will
 1744  become available to the association within the next 12 months
 1745  from all sources described in subsections (4) and (5) and
 1746  paragraph (7)(a), the association may shall not accept any new
 1747  claims without express authority from the Legislature. Nothing
 1748  in this section precludes herein shall preclude the association
 1749  from accepting any claim if the injury occurred 18 months or
 1750  more before prior to the effective date of this suspension.
 1751  Within 30 days after of the effective date of this suspension,
 1752  the association shall notify the Governor, the Speaker of the
 1753  House of Representatives, the President of the Senate, the
 1754  Office of Insurance Regulation, the Agency for Health Care
 1755  Administration, and the Department of Health, and the Department
 1756  of Business and Professional Regulation of this suspension.
 1757         Section 25. Except as otherwise expressly provided in this
 1758  act and except for this section, which shall take effect upon
 1759  this act becoming a law, this act shall take effect July 1,
 1760  2022.