CS for CS for SB 768                            Second Engrossed
       
       
       
       
       
       
       
       
       2022768e2
       
    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; prohibiting the
   24         department from renewing a medical marijuana treatment
   25         center’s license under certain circumstances;
   26         authorizing the department to select samples of
   27         marijuana from medical marijuana treatment center
   28         facilities for certain testing; authorizing the
   29         department to select samples of marijuana delivery
   30         devices from medical marijuana treatment centers to
   31         determine whether such devices are safe for use;
   32         requiring the department to adopt certain rules using
   33         negotiated rulemaking procedures; requiring medical
   34         marijuana treatment centers to recall marijuana and
   35         marijuana delivery devices, instead of just edibles,
   36         under certain circumstances; exempting the department
   37         and its employees from criminal provisions if they
   38         acquire, possess, test, transport, or lawfully dispose
   39         of marijuana and marijuana delivery devices under
   40         certain circumstances; amending s. 381.99, F.S.;
   41         revising the membership of the Rare Disease Advisory
   42         Council; amending s. 383.216, F.S.; authorizing the
   43         organization representing all Healthy Start Coalitions
   44         to use any method of telecommunication to conduct
   45         meetings under certain circumstances; amending s.
   46         406.11, F.S.; revising requirements for medical
   47         examiner death certifications; amending s. 456.039,
   48         F.S.; requiring certain applicants for licensure as
   49         physicians to provide specified documentation to the
   50         department at the time of application; amending s.
   51         460.406, F.S.; revising provisions related to
   52         chiropractic physician licensing; amending s. 464.008,
   53         F.S.; deleting a requirement that certain nursing
   54         program graduates complete a specified preparatory
   55         course; amending s. 464.018, F.S.; revising grounds
   56         for disciplinary action against licensed nurses;
   57         amending s. 467.003, F.S.; revising and defining
   58         terms; amending s. 467.009, F.S.; revising provisions
   59         related to accredited and approved midwifery programs;
   60         amending s. 467.011, F.S.; revising requirements for
   61         licensure of midwives; amending s. 467.0125, F.S.;
   62         revising requirements for licensure by endorsement of
   63         midwives; revising requirements for temporary
   64         certificates to practice midwifery in this state;
   65         amending s. 467.205, F.S.; revising provisions
   66         relating to approval, continued monitoring,
   67         probationary status, provisional approval, and
   68         approval rescission of midwifery programs; amending s.
   69         468.803, F.S.; revising provisions related to
   70         orthotist and prosthetist registration, examination,
   71         and licensing; amending s. 483.824, F.S.; revising
   72         educational requirements for clinical laboratory
   73         directors; amending s. 490.003, F.S.; defining the
   74         terms “doctoral degree from an American Psychological
   75         Association accredited program” and “doctoral degree
   76         in psychology”; amending ss. 490.005 and 490.0051,
   77         F.S.; revising education requirements for psychologist
   78         licensure and provisional licensure, respectively;
   79         amending s. 491.005, F.S.; revising requirements for
   80         licensure of clinical social workers, marriage and
   81         family therapists, and mental health counselors;
   82         amending s. 766.31, F.S.; revising eligibility
   83         requirements for certain retroactive payments to
   84         parents or legal guardians under the Florida Birth
   85         Related Neurological Injury Compensation Plan;
   86         providing retroactive applicability; requiring the
   87         plan to make certain retroactive payments to eligible
   88         parents or guardians; authorizing the plan to make
   89         such payments in a lump sum or periodically as
   90         designated by eligible parents or legal guardians;
   91         requiring the plan to make the payments by a specified
   92         date; amending s. 766.314, F.S.; deleting obsolete
   93         language and updating provisions to conform to current
   94         law; revising the frequency with which the department
   95         must submit certain reports to the Florida Birth
   96         Related Neurological Injury Compensation Association;
   97         revising the content of such reports; authorizing the
   98         association to enforce the collection of certain
   99         assessments in circuit court under certain
  100         circumstances; requiring the association to notify the
  101         department and the applicable regulatory board of any
  102         unpaid final judgment against a physician within a
  103         specified timeframe; providing effective dates.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Subsections (2) and (3) of section 381.0045,
  108  Florida Statutes, are amended to read:
  109         381.0045 Targeted outreach for pregnant women.—
  110         (2) It is the purpose of this section to establish a
  111  targeted outreach program for high-risk pregnant women who may
  112  not seek proper prenatal care, who suffer from substance abuse
  113  or mental health problems, or who have acquired are infected
  114  with human immunodeficiency virus (HIV), and to provide these
  115  women with links to much-needed much needed services and
  116  information.
  117         (3) The department shall:
  118         (a) Conduct outreach programs through contracts with,
  119  grants to, or other working relationships with persons or
  120  entities where the target population is likely to be found.
  121         (b) Provide outreach that is peer-based, culturally
  122  sensitive, and performed in a nonjudgmental manner.
  123         (c) Encourage high-risk pregnant women of unknown status to
  124  be tested for HIV and other sexually transmissible diseases as
  125  specified by department rule.
  126         (d) Educate women not receiving prenatal care as to the
  127  benefits of such care.
  128         (e) Provide HIV-infected pregnant women who have HIV with
  129  information on the need for antiretroviral medication for their
  130  newborn, their medication options, and how they can access the
  131  medication after their discharge from the hospital so they can
  132  make an informed decision about the use of Zidovudine (AZT).
  133         (f) Link women with substance abuse treatment and mental
  134  health services, when available, and act as a liaison with
  135  Healthy Start coalitions, children’s medical services, Ryan
  136  White-funded providers, and other services of the Department of
  137  Health.
  138         (g) Educate pregnant women who have HIV on the importance
  139  of engaging in and continuing HIV care.
  140         (h) Provide continued oversight of any newborn exposed to
  141  HIV to determine the newborn’s final HIV status and ensure
  142  continued linkage to care if the newborn is diagnosed with HIV
  143  to HIV-exposed newborns.
  144         Section 2. Paragraphs (a) and (c) of subsection (2) of
  145  section 381.0303, Florida Statutes, are amended to read:
  146         381.0303 Special needs shelters.—
  147         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
  148  ASSISTANCE.—If funds have been appropriated to support disaster
  149  coordinator positions in county health departments:
  150         (a) The department shall assume lead responsibility for the
  151  coordination of local medical and health care providers, the
  152  American Red Cross, and other interested parties in developing a
  153  plan for the staffing and medical management of special needs
  154  shelters and. The local Children’s Medical Services offices
  155  shall assume lead responsibility for the coordination of local
  156  medical and health care providers, the American Red Cross, and
  157  other interested parties in developing a plan for the staffing
  158  and medical management of pediatric special needs shelters.
  159  Plans must conform to the local comprehensive emergency
  160  management plan.
  161         (c) The appropriate county health department, Children’s
  162  Medical Services office, and local emergency management agency
  163  shall jointly decide who has responsibility for medical
  164  supervision in each special needs shelter.
  165         Section 3. Effective upon this act becoming a law,
  166  paragraph (a) of subsection (8) of section 381.986, Florida
  167  Statutes, is amended to read:
  168         381.986 Medical use of marijuana.—
  169         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  170         (a) The department shall license medical marijuana
  171  treatment centers to ensure reasonable statewide accessibility
  172  and availability as necessary for qualified patients registered
  173  in the medical marijuana use registry and who are issued a
  174  physician certification under this section.
  175         1. As soon as practicable, but no later than July 3, 2017,
  176  the department shall license as a medical marijuana treatment
  177  center any entity that holds an active, unrestricted license to
  178  cultivate, process, transport, and dispense low-THC cannabis,
  179  medical cannabis, and cannabis delivery devices, under former s.
  180  381.986, Florida Statutes 2016, before July 1, 2017, and which
  181  meets the requirements of this section. In addition to the
  182  authority granted under this section, these entities are
  183  authorized to dispense low-THC cannabis, medical cannabis, and
  184  cannabis delivery devices ordered pursuant to former s. 381.986,
  185  Florida Statutes 2016, which were entered into the compassionate
  186  use registry before July 1, 2017, and are authorized to begin
  187  dispensing marijuana under this section on July 3, 2017. The
  188  department may grant variances from the representations made in
  189  such an entity’s original application for approval under former
  190  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  191         2. The department shall license as medical marijuana
  192  treatment centers 10 applicants that meet the requirements of
  193  this section, under the following parameters:
  194         a. As soon as practicable, but no later than August 1,
  195  2017, the department shall license any applicant whose
  196  application was reviewed, evaluated, and scored by the
  197  department and which was denied a dispensing organization
  198  license by the department under former s. 381.986, Florida
  199  Statutes 2014; which had one or more administrative or judicial
  200  challenges pending as of January 1, 2017, or had a final ranking
  201  within one point of the highest final ranking in its region
  202  under former s. 381.986, Florida Statutes 2014; which meets the
  203  requirements of this section; and which provides documentation
  204  to the department that it has the existing infrastructure and
  205  technical and technological ability to begin cultivating
  206  marijuana within 30 days after registration as a medical
  207  marijuana treatment center.
  208         b. As soon as practicable, the department shall license one
  209  applicant that is a recognized class member of Pigford v.
  210  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  211  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  212  under this sub-subparagraph is exempt from the requirement of
  213  subparagraph (b)2. An applicant that applies for licensure under
  214  this sub-subparagraph, pays its initial application fee, is
  215  determined by the department through the application process to
  216  qualify as a recognized class member, and is not awarded a
  217  license under this sub-subparagraph may transfer its initial
  218  application fee to one subsequent opportunity to apply for
  219  licensure under subparagraph 4.
  220         c. As soon as practicable, but no later than October 3,
  221  2017, the department shall license applicants that meet the
  222  requirements of this section in sufficient numbers to result in
  223  10 total licenses issued under this subparagraph, while
  224  accounting for the number of licenses issued under sub
  225  subparagraphs a. and b.
  226         3. For up to two of the licenses issued under subparagraph
  227  2., the department shall give preference to applicants that
  228  demonstrate in their applications that they own one or more
  229  facilities that are, or were, used for the canning,
  230  concentrating, or otherwise processing of citrus fruit or citrus
  231  molasses and will use or convert the facility or facilities for
  232  the processing of marijuana.
  233         4. Within 6 months after the registration of 100,000 active
  234  qualified patients in the medical marijuana use registry, the
  235  department shall license four additional medical marijuana
  236  treatment centers that meet the requirements of this section.
  237  Thereafter, the department shall license four medical marijuana
  238  treatment centers within 6 months after the registration of each
  239  additional 100,000 active qualified patients in the medical
  240  marijuana use registry that meet the requirements of this
  241  section.
  242         Section 4. Paragraphs (e) through (h) of subsection (14) of
  243  section 381.986, Florida Statutes, are redesignated as
  244  paragraphs (f) through (i), respectively, paragraphs (b) and (e)
  245  of subsection (8) are amended, and a new paragraph (e) is added
  246  to subsection (14) of that section, to read:
  247         381.986 Medical use of marijuana.—
  248         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  249         (b) An applicant for licensure as a medical marijuana
  250  treatment center shall apply to the department on a form
  251  prescribed by the department and adopted in rule. The department
  252  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  253  establishing a procedure for the issuance and biennial renewal
  254  of licenses, including initial application and biennial renewal
  255  fees sufficient to cover the costs of implementing and
  256  administering this section, and establishing supplemental
  257  licensure fees for payment beginning May 1, 2018, sufficient to
  258  cover the costs of administering ss. 381.989 and 1004.4351. The
  259  department shall identify applicants with strong diversity plans
  260  reflecting this state’s commitment to diversity and implement
  261  training programs and other educational programs to enable
  262  minority persons and minority business enterprises, as defined
  263  in s. 288.703, and veteran business enterprises, as defined in
  264  s. 295.187, to compete for medical marijuana treatment center
  265  licensure and contracts. Subject to the requirements in
  266  subparagraphs (a)2.-4., the department shall issue a license to
  267  an applicant if the applicant meets the requirements of this
  268  section and pays the initial application fee. The department
  269  shall renew the licensure of a medical marijuana treatment
  270  center biennially if the licensee meets the requirements of this
  271  section and pays the biennial renewal fee. However, the
  272  department may not renew the license of a medical marijuana
  273  treatment center that has not begun to cultivate, process, and
  274  dispense marijuana by the date that the medical marijuana
  275  treatment center is required to renew its license. An individual
  276  may not be an applicant, owner, officer, board member, or
  277  manager on more than one application for licensure as a medical
  278  marijuana treatment center. An individual or entity may not be
  279  awarded more than one license as a medical marijuana treatment
  280  center. An applicant for licensure as a medical marijuana
  281  treatment center must demonstrate:
  282         1. That, for the 5 consecutive years before submitting the
  283  application, the applicant has been registered to do business in
  284  the state.
  285         2. Possession of a valid certificate of registration issued
  286  by the Department of Agriculture and Consumer Services pursuant
  287  to s. 581.131.
  288         3. The technical and technological ability to cultivate and
  289  produce marijuana, including, but not limited to, low-THC
  290  cannabis.
  291         4. The ability to secure the premises, resources, and
  292  personnel necessary to operate as a medical marijuana treatment
  293  center.
  294         5. The ability to maintain accountability of all raw
  295  materials, finished products, and any byproducts to prevent
  296  diversion or unlawful access to or possession of these
  297  substances.
  298         6. An infrastructure reasonably located to dispense
  299  marijuana to registered qualified patients statewide or
  300  regionally as determined by the department.
  301         7. The financial ability to maintain operations for the
  302  duration of the 2-year approval cycle, including the provision
  303  of certified financial statements to the department.
  304         a. Upon approval, the applicant must post a $5 million
  305  performance bond issued by an authorized surety insurance
  306  company rated in one of the three highest rating categories by a
  307  nationally recognized rating service. However, a medical
  308  marijuana treatment center serving at least 1,000 qualified
  309  patients is only required to maintain a $2 million performance
  310  bond.
  311         b. In lieu of the performance bond required under sub
  312  subparagraph a., the applicant may provide an irrevocable letter
  313  of credit payable to the department or provide cash to the
  314  department. If provided with cash under this sub-subparagraph,
  315  the department shall deposit the cash in the Grants and
  316  Donations Trust Fund within the Department of Health, subject to
  317  the same conditions as the bond regarding requirements for the
  318  applicant to forfeit ownership of the funds. If the funds
  319  deposited under this sub-subparagraph generate interest, the
  320  amount of that interest shall be used by the department for the
  321  administration of this section.
  322         8. That all owners, officers, board members, and managers
  323  have passed a background screening pursuant to subsection (9).
  324         9. The employment of a medical director to supervise the
  325  activities of the medical marijuana treatment center.
  326         10. A diversity plan that promotes and ensures the
  327  involvement of minority persons and minority business
  328  enterprises, as defined in s. 288.703, or veteran business
  329  enterprises, as defined in s. 295.187, in ownership, management,
  330  and employment. An applicant for licensure renewal must show the
  331  effectiveness of the diversity plan by including the following
  332  with his or her application for renewal:
  333         a. Representation of minority persons and veterans in the
  334  medical marijuana treatment center’s workforce;
  335         b. Efforts to recruit minority persons and veterans for
  336  employment; and
  337         c. A record of contracts for services with minority
  338  business enterprises and veteran business enterprises.
  339         (e) A licensed medical marijuana treatment center shall
  340  cultivate, process, transport, and dispense marijuana for
  341  medical use. A licensed medical marijuana treatment center may
  342  not contract for services directly related to the cultivation,
  343  processing, and dispensing of marijuana or marijuana delivery
  344  devices, except that a medical marijuana treatment center
  345  licensed pursuant to subparagraph (a)1. may contract with a
  346  single entity for the cultivation, processing, transporting, and
  347  dispensing of marijuana and marijuana delivery devices. A
  348  licensed medical marijuana treatment center must, at all times,
  349  maintain compliance with the criteria demonstrated and
  350  representations made in the initial application and the criteria
  351  established in this subsection. Upon request, the department may
  352  grant a medical marijuana treatment center a variance from the
  353  representations made in the initial application. Consideration
  354  of such a request shall be based upon the individual facts and
  355  circumstances surrounding the request. A variance may not be
  356  granted unless the requesting medical marijuana treatment center
  357  can demonstrate to the department that it has a proposed
  358  alternative to the specific representation made in its
  359  application which fulfills the same or a similar purpose as the
  360  specific representation in a way that the department can
  361  reasonably determine will not be a lower standard than the
  362  specific representation in the application. A variance may not
  363  be granted from the requirements in subparagraph 2. and
  364  subparagraphs (b)1. and 2.
  365         1. A licensed medical marijuana treatment center may
  366  transfer ownership to an individual or entity who meets the
  367  requirements of this section. A publicly traded corporation or
  368  publicly traded company that meets the requirements of this
  369  section is not precluded from ownership of a medical marijuana
  370  treatment center. To accommodate a change in ownership:
  371         a. The licensed medical marijuana treatment center shall
  372  notify the department in writing at least 60 days before the
  373  anticipated date of the change of ownership.
  374         b. The individual or entity applying for initial licensure
  375  due to a change of ownership must submit an application that
  376  must be received by the department at least 60 days before the
  377  date of change of ownership.
  378         c. Upon receipt of an application for a license, the
  379  department shall examine the application and, within 30 days
  380  after receipt, notify the applicant in writing of any apparent
  381  errors or omissions and request any additional information
  382  required.
  383         d. Requested information omitted from an application for
  384  licensure must be filed with the department within 21 days after
  385  the department’s request for omitted information or the
  386  application shall be deemed incomplete and shall be withdrawn
  387  from further consideration and the fees shall be forfeited.
  388         e. Within 30 days after the receipt of a complete
  389  application, the department shall approve or deny the
  390  application.
  391         2. A medical marijuana treatment center, and any individual
  392  or entity who directly or indirectly owns, controls, or holds
  393  with power to vote 5 percent or more of the voting shares of a
  394  medical marijuana treatment center, may not acquire direct or
  395  indirect ownership or control of any voting shares or other form
  396  of ownership of any other medical marijuana treatment center.
  397         3. A medical marijuana treatment center may not enter into
  398  any form of profit-sharing arrangement with the property owner
  399  or lessor of any of its facilities where cultivation,
  400  processing, storing, or dispensing of marijuana and marijuana
  401  delivery devices occurs.
  402         4. All employees of a medical marijuana treatment center
  403  must be 21 years of age or older and have passed a background
  404  screening pursuant to subsection (9).
  405         5. Each medical marijuana treatment center must adopt and
  406  enforce policies and procedures to ensure employees and
  407  volunteers receive training on the legal requirements to
  408  dispense marijuana to qualified patients.
  409         6. When growing marijuana, a medical marijuana treatment
  410  center:
  411         a. May use pesticides determined by the department, after
  412  consultation with the Department of Agriculture and Consumer
  413  Services, to be safely applied to plants intended for human
  414  consumption, but may not use pesticides designated as
  415  restricted-use pesticides pursuant to s. 487.042.
  416         b. Must grow marijuana within an enclosed structure and in
  417  a room separate from any other plant.
  418         c. Must inspect seeds and growing plants for plant pests
  419  that endanger or threaten the horticultural and agricultural
  420  interests of the state in accordance with chapter 581 and any
  421  rules adopted thereunder.
  422         d. Must perform fumigation or treatment of plants, or
  423  remove and destroy infested or infected plants, in accordance
  424  with chapter 581 and any rules adopted thereunder.
  425         7. Each medical marijuana treatment center must produce and
  426  make available for purchase at least one low-THC cannabis
  427  product.
  428         8. A medical marijuana treatment center that produces
  429  edibles must hold a permit to operate as a food establishment
  430  pursuant to chapter 500, the Florida Food Safety Act, and must
  431  comply with all the requirements for food establishments
  432  pursuant to chapter 500 and any rules adopted thereunder.
  433  Edibles may not contain more than 200 milligrams of
  434  tetrahydrocannabinol, and a single serving portion of an edible
  435  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  436  may have a potency variance of no greater than 15 percent.
  437  Edibles may not be attractive to children; be manufactured in
  438  the shape of humans, cartoons, or animals; be manufactured in a
  439  form that bears any reasonable resemblance to products available
  440  for consumption as commercially available candy; or contain any
  441  color additives. To discourage consumption of edibles by
  442  children, the department shall determine by rule any shapes,
  443  forms, and ingredients allowed and prohibited for edibles.
  444  Medical marijuana treatment centers may not begin processing or
  445  dispensing edibles until after the effective date of the rule.
  446  The department shall also adopt sanitation rules providing the
  447  standards and requirements for the storage, display, or
  448  dispensing of edibles.
  449         9. Within 12 months after licensure, a medical marijuana
  450  treatment center must demonstrate to the department that all of
  451  its processing facilities have passed a Food Safety Good
  452  Manufacturing Practices, such as Global Food Safety Initiative
  453  or equivalent, inspection by a nationally accredited certifying
  454  body. A medical marijuana treatment center must immediately stop
  455  processing at any facility which fails to pass this inspection
  456  until it demonstrates to the department that such facility has
  457  met this requirement.
  458         10. A medical marijuana treatment center that produces
  459  prerolled marijuana cigarettes may not use wrapping paper made
  460  with tobacco or hemp.
  461         11. When processing marijuana, a medical marijuana
  462  treatment center must:
  463         a. Process the marijuana within an enclosed structure and
  464  in a room separate from other plants or products.
  465         b. Comply with department rules when processing marijuana
  466  with hydrocarbon solvents or other solvents or gases exhibiting
  467  potential toxicity to humans. The department shall determine by
  468  rule the requirements for medical marijuana treatment centers to
  469  use such solvents or gases exhibiting potential toxicity to
  470  humans.
  471         c. Comply with federal and state laws and regulations and
  472  department rules for solid and liquid wastes. The department
  473  shall determine by rule procedures for the storage, handling,
  474  transportation, management, and disposal of solid and liquid
  475  waste generated during marijuana production and processing. The
  476  Department of Environmental Protection shall assist the
  477  department in developing such rules.
  478         d. Test the processed marijuana using a medical marijuana
  479  testing laboratory before it is dispensed. Results must be
  480  verified and signed by two medical marijuana treatment center
  481  employees. Before dispensing, the medical marijuana treatment
  482  center must determine that the test results indicate that low
  483  THC cannabis meets the definition of low-THC cannabis, the
  484  concentration of tetrahydrocannabinol meets the potency
  485  requirements of this section, the labeling of the concentration
  486  of tetrahydrocannabinol and cannabidiol is accurate, and all
  487  marijuana is safe for human consumption and free from
  488  contaminants that are unsafe for human consumption. The
  489  department shall determine by rule which contaminants must be
  490  tested for and the maximum levels of each contaminant which are
  491  safe for human consumption. The Department of Agriculture and
  492  Consumer Services shall assist the department in developing the
  493  testing requirements for contaminants that are unsafe for human
  494  consumption in edibles. The department shall also determine by
  495  rule the procedures for the treatment of marijuana that fails to
  496  meet the testing requirements of this section, s. 381.988, or
  497  department rule. The department may select samples of marijuana
  498  a random sample from edibles available for purchase in a medical
  499  marijuana treatment center dispensing facility which shall be
  500  tested by the department to determine whether that the marijuana
  501  edible meets the potency requirements of this section, is safe
  502  for human consumption, and is accurately labeled with the
  503  labeling of the tetrahydrocannabinol and cannabidiol
  504  concentration or to verify the result of marijuana testing
  505  conducted by a marijuana testing laboratory. The department may
  506  also select samples of marijuana delivery devices from a medical
  507  marijuana treatment center to determine whether the marijuana
  508  delivery device is safe for use by qualified patients is
  509  accurate. A medical marijuana treatment center may not require
  510  payment from the department for the sample. A medical marijuana
  511  treatment center must recall marijuana edibles, including all
  512  marijuana and marijuana products edibles made from the same
  513  batch of marijuana, that fails which fail to meet the potency
  514  requirements of this section, that is which are unsafe for human
  515  consumption, or for which the labeling of the
  516  tetrahydrocannabinol and cannabidiol concentration is
  517  inaccurate. The department shall adopt rules to establish
  518  marijuana potency variations of no greater than 15 percent using
  519  negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
  520  for, but is not limited to, time lapses between testing, testing
  521  methods, testing instruments, and types of marijuana sampled for
  522  testing. The department may not issue any recalls for product
  523  potency as it relates to product labeling before issuing a rule
  524  relating to potency variation standards. A medical marijuana
  525  treatment center must also recall all marijuana delivery devices
  526  determined to be unsafe for use by qualified patients. The
  527  medical marijuana treatment center must retain records of all
  528  testing and samples of each homogenous batch of marijuana for at
  529  least 9 months. The medical marijuana treatment center must
  530  contract with a marijuana testing laboratory to perform audits
  531  on the medical marijuana treatment center’s standard operating
  532  procedures, testing records, and samples and provide the results
  533  to the department to confirm that the marijuana or low-THC
  534  cannabis meets the requirements of this section and that the
  535  marijuana or low-THC cannabis is safe for human consumption. A
  536  medical marijuana treatment center shall reserve two processed
  537  samples from each batch and retain such samples for at least 9
  538  months for the purpose of such audits. A medical marijuana
  539  treatment center may use a laboratory that has not been
  540  certified by the department under s. 381.988 until such time as
  541  at least one laboratory holds the required certification, but in
  542  no event later than July 1, 2018.
  543         e. Package the marijuana in compliance with the United
  544  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  545  1471 et seq.
  546         f. Package the marijuana in a receptacle that has a firmly
  547  affixed and legible label stating the following information:
  548         (I) The marijuana or low-THC cannabis meets the
  549  requirements of sub-subparagraph d.
  550         (II) The name of the medical marijuana treatment center
  551  from which the marijuana originates.
  552         (III) The batch number and harvest number from which the
  553  marijuana originates and the date dispensed.
  554         (IV) The name of the physician who issued the physician
  555  certification.
  556         (V) The name of the patient.
  557         (VI) The product name, if applicable, and dosage form,
  558  including concentration of tetrahydrocannabinol and cannabidiol.
  559  The product name may not contain wording commonly associated
  560  with products marketed by or to children.
  561         (VII) The recommended dose.
  562         (VIII) A warning that it is illegal to transfer medical
  563  marijuana to another person.
  564         (IX) A marijuana universal symbol developed by the
  565  department.
  566         12. The medical marijuana treatment center shall include in
  567  each package a patient package insert with information on the
  568  specific product dispensed related to:
  569         a. Clinical pharmacology.
  570         b. Indications and use.
  571         c. Dosage and administration.
  572         d. Dosage forms and strengths.
  573         e. Contraindications.
  574         f. Warnings and precautions.
  575         g. Adverse reactions.
  576         13. In addition to the packaging and labeling requirements
  577  specified in subparagraphs 11. and 12., marijuana in a form for
  578  smoking must be packaged in a sealed receptacle with a legible
  579  and prominent warning to keep away from children and a warning
  580  that states marijuana smoke contains carcinogens and may
  581  negatively affect health. Such receptacles for marijuana in a
  582  form for smoking must be plain, opaque, and white without
  583  depictions of the product or images other than the medical
  584  marijuana treatment center’s department-approved logo and the
  585  marijuana universal symbol.
  586         14. The department shall adopt rules to regulate the types,
  587  appearance, and labeling of marijuana delivery devices dispensed
  588  from a medical marijuana treatment center. The rules must
  589  require marijuana delivery devices to have an appearance
  590  consistent with medical use.
  591         15. Each edible shall be individually sealed in plain,
  592  opaque wrapping marked only with the marijuana universal symbol.
  593  Where practical, each edible shall be marked with the marijuana
  594  universal symbol. In addition to the packaging and labeling
  595  requirements in subparagraphs 11. and 12., edible receptacles
  596  must be plain, opaque, and white without depictions of the
  597  product or images other than the medical marijuana treatment
  598  center’s department-approved logo and the marijuana universal
  599  symbol. The receptacle must also include a list of all the
  600  edible’s ingredients, storage instructions, an expiration date,
  601  a legible and prominent warning to keep away from children and
  602  pets, and a warning that the edible has not been produced or
  603  inspected pursuant to federal food safety laws.
  604         16. When dispensing marijuana or a marijuana delivery
  605  device, a medical marijuana treatment center:
  606         a. May dispense any active, valid order for low-THC
  607  cannabis, medical cannabis and cannabis delivery devices issued
  608  pursuant to former s. 381.986, Florida Statutes 2016, which was
  609  entered into the medical marijuana use registry before July 1,
  610  2017.
  611         b. May not dispense more than a 70-day supply of marijuana
  612  within any 70-day period to a qualified patient or caregiver.
  613  May not dispense more than one 35-day supply of marijuana in a
  614  form for smoking within any 35-day period to a qualified patient
  615  or caregiver. A 35-day supply of marijuana in a form for smoking
  616  may not exceed 2.5 ounces unless an exception to this amount is
  617  approved by the department pursuant to paragraph (4)(f).
  618         c. Must have the medical marijuana treatment center’s
  619  employee who dispenses the marijuana or a marijuana delivery
  620  device enter into the medical marijuana use registry his or her
  621  name or unique employee identifier.
  622         d. Must verify that the qualified patient and the
  623  caregiver, if applicable, each have an active registration in
  624  the medical marijuana use registry and an active and valid
  625  medical marijuana use registry identification card, the amount
  626  and type of marijuana dispensed matches the physician
  627  certification in the medical marijuana use registry for that
  628  qualified patient, and the physician certification has not
  629  already been filled.
  630         e. May not dispense marijuana to a qualified patient who is
  631  younger than 18 years of age. If the qualified patient is
  632  younger than 18 years of age, marijuana may only be dispensed to
  633  the qualified patient’s caregiver.
  634         f. May not dispense or sell any other type of cannabis,
  635  alcohol, or illicit drug-related product, including pipes or
  636  wrapping papers made with tobacco or hemp, other than a
  637  marijuana delivery device required for the medical use of
  638  marijuana and which is specified in a physician certification.
  639         g. Must, upon dispensing the marijuana or marijuana
  640  delivery device, record in the registry the date, time,
  641  quantity, and form of marijuana dispensed; the type of marijuana
  642  delivery device dispensed; and the name and medical marijuana
  643  use registry identification number of the qualified patient or
  644  caregiver to whom the marijuana delivery device was dispensed.
  645         h. Must ensure that patient records are not visible to
  646  anyone other than the qualified patient, his or her caregiver,
  647  and authorized medical marijuana treatment center employees.
  648         (14) EXCEPTIONS TO OTHER LAWS.—
  649         (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  650  any other law, but subject to the requirements of this section,
  651  the department, including an employee of the department acting
  652  within the scope of his or her employment, may acquire, possess,
  653  test, transport, and lawfully dispose of marijuana and marijuana
  654  delivery devices as provided in this section, in s. 381.988, and
  655  by department rule.
  656         Section 5. Paragraphs (b) and (c) of subsection (2) of
  657  section 381.99, Florida Statutes, are amended to read:
  658         381.99 Rare Disease Advisory Council.—
  659         (2) The advisory council is composed of the following
  660  members:
  661         (b) As appointed by the President of the Senate:
  662         1. A representative from an academic research institution
  663  in this state which receives grant funding for research
  664  regarding rare diseases.
  665         2. A physician who is licensed under chapter 458 or chapter
  666  459 and practicing in this state with experience in treating
  667  rare diseases.
  668         3. An individual who is 18 years of age or older who has a
  669  rare disease.
  670         4. Two individuals An individual who are, or were
  671  previously, caregivers for individuals is a caregiver of an
  672  individual with a rare disease.
  673         5. A representative of an organization operating in this
  674  state which provides care or other support to individuals with
  675  rare diseases.
  676         (c) As appointed by the Speaker of the House of
  677  Representatives:
  678         1. A representative from an academic research institution
  679  in this state which receives grant funding for research
  680  regarding rare diseases.
  681         2. A physician who is licensed under chapter 458 or chapter
  682  459 and practicing in this state with experience in treating
  683  rare diseases.
  684         3. An individual who is 18 years of age or older who has a
  685  rare disease.
  686         4. Two individuals An individual who are, or were
  687  previously, caregivers for individuals is a caregiver of an
  688  individual with a rare disease.
  689         5. A representative of organizations in this state which
  690  provide care or other support to individuals with rare diseases.
  691  
  692  Any vacancy on the advisory council must be filled in the same
  693  manner as the original appointment.
  694         Section 6. Subsection (9) of section 383.216, Florida
  695  Statutes, is amended to read:
  696         383.216 Community-based prenatal and infant health care.—
  697         (9) Local prenatal and infant health care coalitions shall
  698  incorporate as not-for-profit corporations for the purpose of
  699  seeking and receiving grants from federal, state, and local
  700  government and other contributors. However, a coalition need not
  701  be designated as a tax-exempt organization under s. 501(c)(3) of
  702  the Internal Revenue Code. The administrative services
  703  organization representing all Healthy Start Coalitions under s.
  704  409.975(4) may use any method of telecommunication to conduct
  705  meetings for any authorized function, provided that the public
  706  is given proper notice of and reasonable access to the meeting.
  707         Section 7. Subsection (1) of section 406.11, Florida
  708  Statutes, is amended to read:
  709         406.11 Examinations, investigations, and autopsies.—
  710         (1) In any of the following circumstances involving the
  711  death of a human being, the medical examiner of the district in
  712  which the death occurred or the body was found shall determine
  713  the cause of death and certify the death and shall, for that
  714  purpose, make or perform such examinations, investigations, and
  715  autopsies as he or she deems necessary or as requested by the
  716  state attorney:
  717         (a) When any person dies in this state:
  718         1. Of criminal violence.
  719         2. By accident.
  720         3. By suicide.
  721         4. Suddenly, when in apparent good health.
  722         5. Unattended by a practicing physician or other recognized
  723  practitioner.
  724         6. In any prison or penal institution.
  725         7. In police custody.
  726         8. In any suspicious or unusual circumstance.
  727         9. By criminal abortion.
  728         10. By poison.
  729         11. By disease constituting a threat to public health.
  730         12. By disease, injury, or toxic agent resulting from
  731  employment.
  732         (b) When a dead body is brought into this state without
  733  proper medical certification.
  734         (c) When a body is to be cremated, dissected, or buried at
  735  sea.
  736         Section 8. Subsection (1) of section 456.039, Florida
  737  Statutes, is amended to read:
  738         456.039 Designated health care professionals; information
  739  required for licensure.—
  740         (1) Each person who applies for initial licensure or
  741  license renewal as a physician under chapter 458, chapter 459,
  742  chapter 460, or chapter 461, except a person applying for
  743  registration pursuant to ss. 458.345 and 459.021, must furnish
  744  the following information to the department, at the time of
  745  application or, and each physician who applies for license
  746  renewal under chapter 458, chapter 459, chapter 460, or chapter
  747  461, except a person registered pursuant to ss. 458.345 and
  748  459.021, must, in conjunction with the renewal of such license
  749  and under procedures adopted by the department of Health, and in
  750  addition to any other information that may be required from the
  751  applicant, furnish the following information to the Department
  752  of Health:
  753         (a)1. The name of each medical school that the applicant
  754  has attended, with the dates of attendance and the date of
  755  graduation, and a description of all graduate medical education
  756  completed by the applicant, excluding any coursework taken to
  757  satisfy medical licensure continuing education requirements.
  758         2. The name of each hospital at which the applicant has
  759  privileges.
  760         3. The address at which the applicant will primarily
  761  conduct his or her practice.
  762         4. Any certification that the applicant has received from a
  763  specialty board that is recognized by the board to which the
  764  applicant is applying.
  765         5. The year that the applicant began practicing medicine.
  766         6. Any appointment to the faculty of a medical school which
  767  the applicant currently holds and an indication as to whether
  768  the applicant has had the responsibility for graduate medical
  769  education within the most recent 10 years.
  770         7. A description of any criminal offense of which the
  771  applicant has been found guilty, regardless of whether
  772  adjudication of guilt was withheld, or to which the applicant
  773  has pled guilty or nolo contendere. A criminal offense committed
  774  in another jurisdiction which would have been a felony or
  775  misdemeanor if committed in this state must be reported. If the
  776  applicant indicates that a criminal offense is under appeal and
  777  submits a copy of the notice for appeal of that criminal
  778  offense, the department must state that the criminal offense is
  779  under appeal if the criminal offense is reported in the
  780  applicant’s profile. If the applicant indicates to the
  781  department that a criminal offense is under appeal, the
  782  applicant must, upon disposition of the appeal, submit to the
  783  department a copy of the final written order of disposition.
  784         8. A description of any final disciplinary action taken
  785  within the previous 10 years against the applicant by the agency
  786  regulating the profession that the applicant is or has been
  787  licensed to practice, whether in this state or in any other
  788  jurisdiction, by a specialty board that is recognized by the
  789  American Board of Medical Specialties, the American Osteopathic
  790  Association, or a similar national organization, or by a
  791  licensed hospital, health maintenance organization, prepaid
  792  health clinic, ambulatory surgical center, or nursing home.
  793  Disciplinary action includes resignation from or nonrenewal of
  794  medical staff membership or the restriction of privileges at a
  795  licensed hospital, health maintenance organization, prepaid
  796  health clinic, ambulatory surgical center, or nursing home taken
  797  in lieu of or in settlement of a pending disciplinary case
  798  related to competence or character. If the applicant indicates
  799  that the disciplinary action is under appeal and submits a copy
  800  of the document initiating an appeal of the disciplinary action,
  801  the department must state that the disciplinary action is under
  802  appeal if the disciplinary action is reported in the applicant’s
  803  profile.
  804         9. Relevant professional qualifications as defined by the
  805  applicable board.
  806         (b) In addition to the information required under paragraph
  807  (a), for each applicant seeking who seeks licensure under
  808  chapter 458, chapter 459, or chapter 461, and who has practiced
  809  previously in this state or in another jurisdiction or a foreign
  810  country, must provide the information required of licensees
  811  under those chapters pursuant to s. 456.049. An applicant for
  812  licensure under chapter 460 who has practiced previously in this
  813  state or in another jurisdiction or a foreign country must
  814  provide the same information as is required of licensees under
  815  chapter 458, pursuant to s. 456.049.
  816         (c) For each applicant seeking licensure under chapter 458
  817  or chapter 459, proof of payment of the assessment required
  818  under s. 766.314, if applicable.
  819         Section 9. Subsection (1) of section 460.406, Florida
  820  Statutes, is amended to read:
  821         460.406 Licensure by examination.—
  822         (1) Any person desiring to be licensed as a chiropractic
  823  physician must apply to the department to take the licensure
  824  examination. There shall be an application fee set by the board
  825  not to exceed $100 which shall be nonrefundable. There shall
  826  also be an examination fee not to exceed $500 plus the actual
  827  per applicant cost to the department for purchase of portions of
  828  the examination from the National Board of Chiropractic
  829  Examiners or a similar national organization, which may be
  830  refundable if the applicant is found ineligible to take the
  831  examination. The department shall examine each applicant whom
  832  who the board certifies has met all of the following criteria:
  833         (a) Completed the application form and remitted the
  834  appropriate fee.
  835         (b) Submitted proof satisfactory to the department that he
  836  or she is not less than 18 years of age.
  837         (c) Submitted proof satisfactory to the department that he
  838  or she is a graduate of a chiropractic college which is
  839  accredited by or has status with the Council on Chiropractic
  840  Education or its predecessor agency. However, any applicant who
  841  is a graduate of a chiropractic college that was initially
  842  accredited by the Council on Chiropractic Education in 1995, who
  843  graduated from such college within the 4 years immediately
  844  preceding such accreditation, and who is otherwise qualified is
  845  shall be eligible to take the examination. An No application for
  846  a license to practice chiropractic medicine may not shall be
  847  denied solely because the applicant is a graduate of a
  848  chiropractic college that subscribes to one philosophy of
  849  chiropractic medicine as distinguished from another.
  850         (d)1. For an applicant who has matriculated in a
  851  chiropractic college before prior to July 2, 1990, completed at
  852  least 2 years of residence college work, consisting of a minimum
  853  of one-half the work acceptable for a bachelor’s degree granted
  854  on the basis of a 4-year period of study, in a college or
  855  university accredited by an institutional accrediting agency
  856  recognized and approved by the United States Department of
  857  Education. However, before prior to being certified by the board
  858  to sit for the examination, each applicant who has matriculated
  859  in a chiropractic college after July 1, 1990, must shall have
  860  been granted a bachelor’s degree, based upon 4 academic years of
  861  study, by a college or university accredited by an institutional
  862  a regional accrediting agency that which is a member of the
  863  Commission on Recognition of Postsecondary Accreditation.
  864         2. Effective July 1, 2000, completed, before prior to
  865  matriculation in a chiropractic college, at least 3 years of
  866  residence college work, consisting of a minimum of 90 semester
  867  hours leading to a bachelor’s degree in a liberal arts college
  868  or university accredited by an institutional accrediting agency
  869  recognized and approved by the United States Department of
  870  Education. However, before prior to being certified by the board
  871  to sit for the examination, each applicant who has matriculated
  872  in a chiropractic college after July 1, 2000, must shall have
  873  been granted a bachelor’s degree from an institution holding
  874  accreditation for that degree from an institutional a regional
  875  accrediting agency that which is recognized by the United States
  876  Department of Education. The applicant’s chiropractic degree
  877  must consist of credits earned in the chiropractic program and
  878  may not include academic credit for courses from the bachelor’s
  879  degree.
  880         (e) Successfully completed the National Board of
  881  Chiropractic Examiners certification examination in parts I, II,
  882  III, and IV, and the physiotherapy examination of the National
  883  Board of Chiropractic Examiners, with a score approved by the
  884  board.
  885         (f) Submitted to the department a set of fingerprints on a
  886  form and under procedures specified by the department, along
  887  with payment in an amount equal to the costs incurred by the
  888  Department of Health for the criminal background check of the
  889  applicant.
  890  
  891  The board may require an applicant who graduated from an
  892  institution accredited by the Council on Chiropractic Education
  893  more than 10 years before the date of application to the board
  894  to take the National Board of Chiropractic Examiners Special
  895  Purposes Examination for Chiropractic, or its equivalent, as
  896  determined by the board. The board shall establish by rule a
  897  passing score.
  898         Section 10. Subsection (4) of section 464.008, Florida
  899  Statutes, is amended to read:
  900         464.008 Licensure by examination.—
  901         (4) If an applicant who graduates from an approved program
  902  does not take the licensure examination within 6 months after
  903  graduation, he or she must enroll in and successfully complete a
  904  board-approved licensure examination preparatory course. The
  905  applicant is responsible for all costs associated with the
  906  course and may not use state or federal financial aid for such
  907  costs. The board shall by rule establish guidelines for
  908  licensure examination preparatory courses.
  909         Section 11. Paragraph (e) of subsection (1) of section
  910  464.018, Florida Statutes, is amended to read:
  911         464.018 Disciplinary actions.—
  912         (1) The following acts constitute grounds for denial of a
  913  license or disciplinary action, as specified in ss. 456.072(2)
  914  and 464.0095:
  915         (e) Having been found guilty of, regardless of
  916  adjudication, or entered a plea of nolo contendere or guilty to,
  917  regardless of adjudication, any offense prohibited under s.
  918  435.04 or similar statute of another jurisdiction; or having
  919  committed an act which constitutes domestic violence as defined
  920  in s. 741.28.
  921         Section 12. Subsections (13) and (14) of section 467.003,
  922  Florida Statutes, are renumbered as subsections (14) and (15),
  923  respectively, subsections (1) and (12) are amended, and a new
  924  subsection (13) is added to that section, to read:
  925         467.003 Definitions.—As used in this chapter, unless the
  926  context otherwise requires:
  927         (1) “Approved midwifery program” means a midwifery school
  928  or a midwifery training program which is approved by the
  929  department pursuant to s. 467.205.
  930         (12) “Preceptor” means a physician licensed under chapter
  931  458 or chapter 459, a licensed midwife licensed under this
  932  chapter, or a certified nurse midwife licensed under chapter
  933  464, who has a minimum of 3 years’ professional experience, and
  934  who directs, teaches, supervises, and evaluates the learning
  935  experiences of a the student midwife as part of an approved
  936  midwifery program.
  937         (13) “Prelicensure course” means a course of study, offered
  938  by an accredited midwifery program and approved by the
  939  department, which an applicant for licensure must complete
  940  before a license may be issued and which provides instruction in
  941  the laws and rules of this state and demonstrates the student’s
  942  competency to practice midwifery under this chapter.
  943         Section 13. Section 467.009, Florida Statutes, is amended
  944  to read:
  945         467.009 Accredited and approved midwifery programs;
  946  education and training requirements.—
  947         (1) The department shall adopt standards for accredited and
  948  approved midwifery programs which must include, but need not be
  949  limited to, standards for all of the following:
  950         (a). The standards shall encompass Clinical and classroom
  951  instruction in all aspects of prenatal, intrapartal, and
  952  postpartal care, including all of the following:
  953         1. Obstetrics.;
  954         2. Neonatal pediatrics.;
  955         3. Basic sciences.;
  956         4. Female reproductive anatomy and physiology.;
  957         5. Behavioral sciences.;
  958         6. Childbirth education.;
  959         7. Community care.;
  960         8. Epidemiology.;
  961         9. Genetics.;
  962         10. Embryology.;
  963         11. Neonatology.;
  964         12. Applied pharmacology.;
  965         13. The medical and legal aspects of midwifery.;
  966         14. Gynecology and women’s health.;
  967         15. Family planning.;
  968         16. Nutrition during pregnancy and lactation.;
  969         17. Breastfeeding.; and
  970         18. Basic nursing skills; and any other instruction
  971  determined by the department and council to be necessary.
  972         (b)The standards shall incorporate the Core competencies,
  973  incorporating those established by the American College of Nurse
  974  Midwives and the Midwives Alliance of North America, including
  975  knowledge, skills, and professional behavior in all of the
  976  following areas:
  977         1. Primary management, collaborative management, referral,
  978  and medical consultation.;
  979         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  980         3. Family planning and gynecological care.;
  981         4. Common complications.; and
  982         5. Professional responsibilities.
  983         (c) Noncurricular The standards shall include noncurriculum
  984  matters under this section, including, but not limited to,
  985  staffing and teacher qualifications.
  986         (2) An accredited and approved midwifery program must offer
  987  shall include a course of study and clinical training for a
  988  minimum of 3 years which incorporates all of the standards,
  989  curriculum guidelines, and educational objectives provided in
  990  this section and the rules adopted hereunder.
  991         (3) An accredited and approved midwifery program may reduce
  992  If the applicant is a registered nurse or a licensed practical
  993  nurse or has previous nursing or midwifery education, the
  994  required period of training may be reduced to the extent of the
  995  student’s applicant’s qualifications as a registered nurse or
  996  licensed practical nurse or based on prior completion of
  997  equivalent nursing or midwifery education, as determined under
  998  rules adopted by the department rule. In no case shall the
  999  training be reduced to a period of less than 2 years.
 1000         (4)(3)An accredited and approved midwifery program may
 1001  accept students who To be accepted into an approved midwifery
 1002  program, an applicant shall have both:
 1003         (a) A high school diploma or its equivalent.
 1004         (b) Taken three college-level credits each of math and
 1005  English or demonstrated competencies in communication and
 1006  computation.
 1007         (5)(4)As part of its course of study, an accredited and
 1008  approved midwifery program must require clinical training that
 1009  includes all of the following:
 1010         (a)A student midwife, during training, shall undertake,
 1011  under the supervision of a preceptor, The care of 50 women in
 1012  each of the prenatal, intrapartal, and postpartal periods under
 1013  the supervision of a preceptor., but The same women need not be
 1014  seen through all three periods.
 1015         (b)(5)Observation of The student midwife shall observe an
 1016  additional 25 women in the intrapartal period before qualifying
 1017  for a license.
 1018         (6) Clinical The training required under this section must
 1019  include all of the following:
 1020         (a)shall include Training in either hospitals or
 1021  alternative birth settings, or both.
 1022         (b) A requirement that students demonstrate competency in
 1023  the assessment of and differentiation, with particular emphasis
 1024  on learning the ability to differentiate between low-risk
 1025  pregnancies and high-risk pregnancies.
 1026         (7) A hospital or birthing center receiving public funds
 1027  shall be required to provide student midwives access to observe
 1028  labor, delivery, and postpartal procedures, provided the woman
 1029  in labor has given informed consent. The Department of Health
 1030  shall assist in facilitating access to hospital training for
 1031  accredited and approved midwifery programs.
 1032         (8)(7) The Department of Education shall adopt curricular
 1033  frameworks for midwifery programs offered by conducted within
 1034  public educational institutions under pursuant to this section.
 1035         (8) Nonpublic educational institutions that conduct
 1036  approved midwifery programs shall be accredited by a member of
 1037  the Commission on Recognition of Postsecondary Accreditation and
 1038  shall be licensed by the Commission for Independent Education.
 1039         Section 14. Section 467.011, Florida Statutes, is amended
 1040  to read:
 1041         467.011 Licensed midwives; qualifications; examination
 1042  Licensure by examination.—
 1043         (1) The department shall administer an examination to test
 1044  the proficiency of applicants in the core competencies required
 1045  to practice midwifery as specified in s. 467.009.
 1046         (2) The department shall develop, publish, and make
 1047  available to interested parties at a reasonable cost a
 1048  bibliography and guide for the examination.
 1049         (3) The department shall issue a license to practice
 1050  midwifery to an applicant who meets all of the following
 1051  criteria:
 1052         (1) Demonstrates that he or she has graduated from one of
 1053  the following:
 1054         (a) An accredited and approved midwifery program.
 1055         (b) A medical or midwifery program offered in another
 1056  state, jurisdiction, territory, or country whose graduation
 1057  requirements were equivalent to or exceeded those required by s.
 1058  467.009 and the rules adopted thereunder at the time of
 1059  graduation.
 1060         (2) Demonstrates that he or she has and successfully
 1061  completed a prelicensure course offered by an accredited and
 1062  approved midwifery program. Students graduating from an
 1063  accredited and approved midwifery program may meet this
 1064  requirement by showing that the content requirements for the
 1065  prelicensure course were covered as part of their course of
 1066  study.
 1067         (3) Submits an application for licensure on a form approved
 1068  by the department and pays the appropriate fee.
 1069         (4) Demonstrates that he or she has received a passing
 1070  score on an the examination specified by the department, upon
 1071  payment of the required licensure fee.
 1072         Section 15. Section 467.0125, Florida Statutes, is amended
 1073  to read:
 1074         467.0125 Licensed midwives; qualifications; Licensure by
 1075  endorsement; temporary certificates.—
 1076         (1) The department shall issue a license by endorsement to
 1077  practice midwifery to an applicant who, upon applying to the
 1078  department, demonstrates to the department that she or he meets
 1079  all of the following criteria:
 1080         (a)1. Holds a valid certificate or diploma from a foreign
 1081  institution of medicine or midwifery or from a midwifery program
 1082  offered in another state, bearing the seal of the institution or
 1083  otherwise authenticated, which renders the individual eligible
 1084  to practice midwifery in the country or state in which it was
 1085  issued, provided the requirements therefor are deemed by the
 1086  department to be substantially equivalent to, or to exceed,
 1087  those established under this chapter and rules adopted under
 1088  this chapter, and submits therewith a certified translation of
 1089  the foreign certificate or diploma; or
 1090         2. Holds an active, unencumbered a valid certificate or
 1091  license to practice midwifery in another state, jurisdiction, or
 1092  territory issued by that state, provided the licensing
 1093  requirements of that state, jurisdiction, or territory at the
 1094  time the license was issued were therefor are deemed by the
 1095  department to be substantially equivalent to, or exceeded to
 1096  exceed, those established under this chapter and the rules
 1097  adopted hereunder under this chapter.
 1098         (b) Has successfully completed a 4-month prelicensure
 1099  course conducted by an accredited and approved midwifery program
 1100  and has submitted documentation to the department of successful
 1101  completion.
 1102         (c) Submits an application for licensure on a form approved
 1103  by the department and pays the appropriate fee Has successfully
 1104  passed the licensed midwifery examination.
 1105         (2) The department may issue a temporary certificate to
 1106  practice in areas of critical need to an applicant any midwife
 1107  who is qualifying for a midwifery license licensure by
 1108  endorsement under subsection (1) who meets all of the following
 1109  criteria, with the following restrictions:
 1110         (a) Submits an application for a temporary certificate on a
 1111  form approved by the department and pays the appropriate fee,
 1112  which may not exceed $50 and is in addition to the fee required
 1113  for licensure by endorsement under subsection (1).
 1114         (b) Specifies on the application that he or she will The
 1115  Department of Health shall determine the areas of critical need,
 1116  and the midwife so certified shall practice only in one or more
 1117  of the following locations:
 1118         1. A county health department.
 1119         2. A correctional facility.
 1120         3. A United States Department of Veterans Affairs clinic.
 1121         4. A community health center funded by s. 329, s. 330, or
 1122  s. 340 of the Public Health Service Act.
 1123         5. Any other agency or institution that is approved by the
 1124  State Surgeon General and provides health care to meet the needs
 1125  of an underserved population in this state.
 1126         (c) Will practice only those specific areas, under the
 1127  supervision auspices of a physician licensed under pursuant to
 1128  chapter 458 or chapter 459, a certified nurse midwife licensed
 1129  under pursuant to part I of chapter 464, or a midwife licensed
 1130  under this chapter, who has a minimum of 3 years’ professional
 1131  experience.
 1132         (3) The department may issue a temporary certificate under
 1133  this section with the following restrictions:
 1134         (a) A requirement that a temporary certificateholder
 1135  practice only in areas of critical need. The State Surgeon
 1136  General shall determine the areas of critical need, which Such
 1137  areas shall include, but are not be limited to, health
 1138  professional shortage areas designated by the United States
 1139  Department of Health and Human Services.
 1140         (b) A requirement that if a temporary certificateholder’s
 1141  practice area ceases to be an area of critical need, within 30
 1142  days after such change the certificateholder must either:
 1143         1. Report a new practice area of critical need to the
 1144  department; or
 1145         2. Voluntarily relinquish the temporary certificate.
 1146         (4) The department shall review a temporary
 1147  certificateholder’s practice at least annually to determine
 1148  whether the certificateholder is meeting the requirements of
 1149  subsections (2) and (3) and the rules adopted thereunder. If the
 1150  department determines that a certificateholder is not meeting
 1151  these requirements, the department must revoke the temporary
 1152  certificate.
 1153         (5) A temporary certificate issued under this section is
 1154  shall be valid only as long as an area for which it is issued
 1155  remains an area of critical need, but no longer than 2 years,
 1156  and is shall not be renewable.
 1157         (c) The department may administer an abbreviated oral
 1158  examination to determine the midwife’s competency, but no
 1159  written regular examination shall be necessary.
 1160         (d) The department shall not issue a temporary certificate
 1161  to any midwife who is under investigation in another state for
 1162  an act which would constitute a violation of this chapter until
 1163  such time as the investigation is complete, at which time the
 1164  provisions of this section shall apply.
 1165         (e) The department shall review the practice under a
 1166  temporary certificate at least annually to ascertain that the
 1167  minimum requirements of the midwifery rules promulgated under
 1168  this chapter are being met. If it is determined that the minimum
 1169  requirements are not being met, the department shall immediately
 1170  revoke the temporary certificate.
 1171         (f) The fee for a temporary certificate shall not exceed
 1172  $50 and shall be in addition to the fee required for licensure.
 1173         Section 16. Section 467.205, Florida Statutes, is amended
 1174  to read:
 1175         467.205 Approval of midwifery programs.—
 1176         (1) The department must approve an accredited or state
 1177  licensed public or private institution seeking to provide
 1178  midwifery education and training as an approved midwifery
 1179  program in this state if the institution meets all of the
 1180  following criteria:
 1181         (a) Submits an application for approval on a form approved
 1182  by the department.
 1183         (b) Demonstrates to the department’s satisfaction that the
 1184  proposed midwifery program complies with s. 467.009 and the
 1185  rules adopted thereunder.
 1186         (c) For a private institution, demonstrates its
 1187  accreditation by a member of the Council for Higher Education
 1188  Accreditation or an accrediting agency approved by the United
 1189  States Department of Education as an institutional accrediting
 1190  agency for direct-entry midwifery education programs and its
 1191  licensing or provisional licensing by the Commission for
 1192  Independent Education An organization desiring to conduct an
 1193  approved program for the education of midwives shall apply to
 1194  the department and submit such evidence as may be required to
 1195  show that it complies with s. 467.009 and with the rules of the
 1196  department. Any accredited or state-licensed institution of
 1197  higher learning, public or private, may provide midwifery
 1198  education and training.
 1199         (2) The department shall adopt rules regarding educational
 1200  objectives, faculty qualifications, curriculum guidelines,
 1201  administrative procedures, and other training requirements as
 1202  are necessary to ensure that approved programs graduate midwives
 1203  competent to practice under this chapter.
 1204         (3) The department shall survey each organization applying
 1205  for approval. If the department is satisfied that the program
 1206  meets the requirements of s. 467.009 and rules adopted pursuant
 1207  to that section, it shall approve the program.
 1208         (2)(4) The department shall, at least once every 3 years,
 1209  certify whether each approved midwifery program is currently
 1210  compliant, and has maintained compliance, complies with the
 1211  requirements of standards developed under s. 467.009 and the
 1212  rules adopted thereunder.
 1213         (3)(5) If the department finds that an approved midwifery
 1214  program is not in compliance with the requirements of s. 467.009
 1215  or the rules adopted thereunder, or has lost its accreditation
 1216  status, the department must provide its finding to the program
 1217  in writing and no longer meets the required standards, it may
 1218  place the program on probationary status for a specified period
 1219  of time, which may not exceed 3 years until such time as the
 1220  standards are restored.
 1221         (4) If a program on probationary status does not come into
 1222  compliance with the requirements of s. 467.009 or the rules
 1223  adopted thereunder, or regain its accreditation status, as
 1224  applicable, within the period specified by the department fails
 1225  to correct these conditions within a specified period of time,
 1226  the department may rescind the program’s approval.
 1227         (5) A Any program that has having its approval rescinded
 1228  has shall have the right to reapply for approval.
 1229         (6) The department may grant provisional approval of a new
 1230  program seeking accreditation status, for a period not to exceed
 1231  5 years, provided that all other requirements of this section
 1232  are met.
 1233         (7) The department may rescind provisional approval of a
 1234  program that fails to meet the requirements of s. 467.009, this
 1235  section, or the rules adopted thereunder, in accordance with
 1236  procedures provided in subsections (3) and (4) may be granted
 1237  pending the licensure results of the first graduating class.
 1238         Section 17. Subsections (2), (3), and (4) and paragraphs
 1239  (a) and (b) of subsection (5) of section 468.803, Florida
 1240  Statutes, are amended to read:
 1241         468.803 License, registration, and examination
 1242  requirements.—
 1243         (2) An applicant for registration, examination, or
 1244  licensure must apply to the department on a form prescribed by
 1245  the board for consideration of board approval. Each initial
 1246  applicant shall submit a set of fingerprints to the department
 1247  in accordance with on a form and under procedures specified by
 1248  the department, along with payment in an amount equal to the
 1249  costs incurred by the department for state and national criminal
 1250  history checks of the applicant. The department shall submit the
 1251  fingerprints provided by an applicant to the Department of Law
 1252  Enforcement for a statewide criminal history check, and the
 1253  Department of Law Enforcement shall forward the fingerprints to
 1254  the Federal Bureau of Investigation for a national criminal
 1255  history check of the applicant. The board shall screen the
 1256  results to determine if an applicant meets licensure
 1257  requirements. The board shall consider for examination,
 1258  registration, or licensure each applicant whom who the board
 1259  verifies:
 1260         (a) Has submitted the completed application and completed
 1261  the fingerprinting requirements fingerprint forms and has paid
 1262  the applicable application fee, not to exceed $500, and the cost
 1263  of the state and national criminal history checks. The
 1264  application fee is and cost of the criminal history checks shall
 1265  be nonrefundable;
 1266         (b) Is of good moral character;
 1267         (c) Is 18 years of age or older; and
 1268         (d) Has completed the appropriate educational preparation.
 1269         (3) A person seeking to attain the orthotics or prosthetics
 1270  experience required for licensure in this state must be approved
 1271  by the board and registered as a resident by the department.
 1272  Although a registration may be held in both disciplines, for
 1273  independent registrations the board may not approve a second
 1274  registration until at least 1 year after the issuance of the
 1275  first registration. Notwithstanding subsection (2), a person who
 1276  has been approved by the board and registered by the department
 1277  in one discipline may apply for registration in the second
 1278  discipline without an additional state or national criminal
 1279  history check during the period in which the first registration
 1280  is valid. Each independent registration or dual registration is
 1281  valid for 2 years after the date of issuance unless otherwise
 1282  revoked by the department upon recommendation of the board. The
 1283  board shall set a registration fee not to exceed $500 to be paid
 1284  by the applicant. A registration may be renewed once by the
 1285  department upon recommendation of the board for a period no
 1286  longer than 1 year, as such renewal is defined by the board by
 1287  rule. The renewal fee may not exceed one-half the current
 1288  registration fee. To be considered by the board for approval of
 1289  registration as a resident, the applicant must have one of the
 1290  following:
 1291         (a) A Bachelor of Science or higher-level postgraduate
 1292  degree in orthotics and prosthetics from an institutionally a
 1293  regionally accredited college or university recognized by the
 1294  Commission on Accreditation of Allied Health Education Programs.
 1295         (b) A minimum of a bachelor’s degree from an
 1296  institutionally a regionally accredited college or university
 1297  and a certificate in orthotics or prosthetics from a program
 1298  recognized by the Commission on Accreditation of Allied Health
 1299  Education Programs, or its equivalent, as determined by the
 1300  board.
 1301         (c) A minimum of a bachelor’s degree from an
 1302  institutionally a regionally accredited college or university
 1303  and a dual certificate in both orthotics and prosthetics from
 1304  programs recognized by the Commission on Accreditation of Allied
 1305  Health Education Programs, or its equivalent, as determined by
 1306  the board.
 1307         (4) The department may develop and administer a state
 1308  examination for an orthotist or a prosthetist license, or the
 1309  board may approve the existing examination of a national
 1310  standards organization. The examination must be predicated on a
 1311  minimum of a baccalaureate-level education and formalized
 1312  specialized training in the appropriate field. Each examination
 1313  must demonstrate a minimum level of competence in basic
 1314  scientific knowledge, written problem solving, and practical
 1315  clinical patient management. The board shall require an
 1316  examination fee not to exceed the actual cost to the board in
 1317  developing, administering, and approving the examination, which
 1318  fee must be paid by the applicant. To be considered by the board
 1319  for examination, the applicant must have:
 1320         (a) For an examination in orthotics:
 1321         1. A Bachelor of Science or higher-level postgraduate
 1322  degree in orthotics and prosthetics from an institutionally a
 1323  regionally accredited college or university recognized by the
 1324  Commission on Accreditation of Allied Health Education Programs
 1325  or, at a minimum, a bachelor’s degree from an institutionally a
 1326  regionally accredited college or university and a certificate in
 1327  orthotics from a program recognized by the Commission on
 1328  Accreditation of Allied Health Education Programs, or its
 1329  equivalent, as determined by the board; and
 1330         2. An approved orthotics internship of 1 year of qualified
 1331  experience, as determined by the board, or an orthotic residency
 1332  or dual residency program recognized by the board.
 1333         (b) For an examination in prosthetics:
 1334         1. A Bachelor of Science or higher-level postgraduate
 1335  degree in orthotics and prosthetics from an institutionally a
 1336  regionally accredited college or university recognized by the
 1337  Commission on Accreditation of Allied Health Education Programs
 1338  or, at a minimum, a bachelor’s degree from an institutionally a
 1339  regionally accredited college or university and a certificate in
 1340  prosthetics from a program recognized by the Commission on
 1341  Accreditation of Allied Health Education Programs, or its
 1342  equivalent, as determined by the board; and
 1343         2. An approved prosthetics internship of 1 year of
 1344  qualified experience, as determined by the board, or a
 1345  prosthetic residency or dual residency program recognized by the
 1346  board.
 1347         (5) In addition to the requirements in subsection (2), to
 1348  be licensed as:
 1349         (a) An orthotist, the applicant must pay a license fee not
 1350  to exceed $500 and must have:
 1351         1. A Bachelor of Science or higher-level postgraduate
 1352  degree in orthotics and prosthetics from an institutionally a
 1353  regionally accredited college or university recognized by the
 1354  Commission on Accreditation of Allied Health Education Programs,
 1355  or a bachelor’s degree from an institutionally accredited
 1356  college or university and with a certificate in orthotics from a
 1357  program recognized by the Commission on Accreditation of Allied
 1358  Health Education Programs, or its equivalent, as determined by
 1359  the board;
 1360         2. An approved appropriate internship of 1 year of
 1361  qualified experience, as determined by the board, or a residency
 1362  program recognized by the board;
 1363         3. Completed the mandatory courses; and
 1364         4. Passed the state orthotics examination or the board
 1365  approved orthotics examination.
 1366         (b) A prosthetist, the applicant must pay a license fee not
 1367  to exceed $500 and must have:
 1368         1. A Bachelor of Science or higher-level postgraduate
 1369  degree in orthotics and prosthetics from an institutionally a
 1370  regionally accredited college or university recognized by the
 1371  Commission on Accreditation of Allied Health Education Programs,
 1372  or a bachelor’s degree from an institutionally accredited
 1373  college or university and with a certificate in prosthetics from
 1374  a program recognized by the Commission on Accreditation of
 1375  Allied Health Education Programs, or its equivalent, as
 1376  determined by the board;
 1377         2. An internship of 1 year of qualified experience, as
 1378  determined by the board, or a residency program recognized by
 1379  the board;
 1380         3. Completed the mandatory courses; and
 1381         4. Passed the state prosthetics examination or the board
 1382  approved prosthetics examination.
 1383         Section 18. Section 483.824, Florida Statutes, is amended
 1384  to read:
 1385         483.824 Qualifications of clinical laboratory director.—A
 1386  clinical laboratory director must have 4 years of clinical
 1387  laboratory experience with 2 years of experience in the
 1388  specialty to be directed or be nationally board certified in the
 1389  specialty to be directed, and must meet one of the following
 1390  requirements:
 1391         (1) Be a physician licensed under chapter 458 or chapter
 1392  459;
 1393         (2) Hold an earned doctoral degree in a chemical, physical,
 1394  or biological science from an institutionally a regionally
 1395  accredited institution and maintain national certification
 1396  requirements equal to those required by the federal Health Care
 1397  Financing Administration; or
 1398         (3) For the subspecialty of oral pathology, be a physician
 1399  licensed under chapter 458 or chapter 459 or a dentist licensed
 1400  under chapter 466.
 1401         Section 19. Subsection (3) of section 490.003, Florida
 1402  Statutes, is amended to read:
 1403         490.003 Definitions.—As used in this chapter:
 1404         (3)(a) “Doctoral degree from an American Psychological
 1405  Association accredited program” means Effective July 1, 1999,
 1406  “doctoral-level psychological education” and “doctoral degree in
 1407  psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
 1408  psychology from a psychology program at an educational
 1409  institution that, at the time the applicant was enrolled and
 1410  graduated:
 1411         1.(a) Had institutional accreditation from an agency
 1412  recognized and approved by the United States Department of
 1413  Education or was recognized as a member in good standing with
 1414  Universities Canada the Association of Universities and Colleges
 1415  of Canada; and
 1416         2.(b) Had programmatic accreditation from the American
 1417  Psychological Association.
 1418         (b) “Doctoral degree in psychology” means a Psy.D., an
 1419  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1420  program at an educational institution that, at the time the
 1421  applicant was enrolled and graduated, had institutional
 1422  accreditation from an agency recognized and approved by the
 1423  United States Department of Education or was recognized as a
 1424  member in good standing with Universities Canada.
 1425         Section 20. Subsection (1) of section 490.005, Florida
 1426  Statutes, is amended to read:
 1427         490.005 Licensure by examination.—
 1428         (1) Any person desiring to be licensed as a psychologist
 1429  shall apply to the department to take the licensure examination.
 1430  The department shall license each applicant whom who the board
 1431  certifies has met all of the following requirements:
 1432         (a) Completed the application form and remitted a
 1433  nonrefundable application fee not to exceed $500 and an
 1434  examination fee set by the board sufficient to cover the actual
 1435  per applicant cost to the department for development, purchase,
 1436  and administration of the examination, but not to exceed $500.
 1437         (b) Submitted proof satisfactory to the board that the
 1438  applicant has received:
 1439         1. A doctoral degree from an American Psychological
 1440  Association accredited program Doctoral-level psychological
 1441  education; or
 1442         2. The equivalent of a doctoral degree from an American
 1443  Psychological Association accredited program doctoral-level
 1444  psychological education, as defined in s. 490.003(3), from a
 1445  program at a school or university located outside the United
 1446  States of America which was officially recognized by the
 1447  government of the country in which it is located as an
 1448  institution or program to train students to practice
 1449  professional psychology. The applicant has the burden of
 1450  establishing that this requirement has been met.
 1451         (c) Had at least 2 years or 4,000 hours of experience in
 1452  the field of psychology in association with or under the
 1453  supervision of a licensed psychologist meeting the academic and
 1454  experience requirements of this chapter or the equivalent as
 1455  determined by the board. The experience requirement may be met
 1456  by work performed on or off the premises of the supervising
 1457  psychologist if the off-premises work is not the independent,
 1458  private practice rendering of psychological services that does
 1459  not have a psychologist as a member of the group actually
 1460  rendering psychological services on the premises.
 1461         (d) Passed the examination. However, an applicant who has
 1462  obtained a passing score, as established by the board by rule,
 1463  on the psychology licensure examination designated by the board
 1464  as the national licensure examination need only pass the Florida
 1465  law and rules portion of the examination.
 1466         Section 21. Subsection (1) of section 490.0051, Florida
 1467  Statutes, is amended to read:
 1468         490.0051 Provisional licensure; requirements.—
 1469         (1) The department shall issue a provisional psychology
 1470  license to each applicant whom who the board certifies has met
 1471  all of the following criteria:
 1472         (a) Completed the application form and remitted a
 1473  nonrefundable application fee not to exceed $250, as set by
 1474  board rule.
 1475         (b) Earned a doctoral degree from an American Psychological
 1476  Association accredited program in psychology as defined in s.
 1477  490.003(3).
 1478         (c) Met any additional requirements established by board
 1479  rule.
 1480         Section 22. Effective upon this act becoming a law,
 1481  subsections (1), (3), and (4) of section 491.005, Florida
 1482  Statutes, are amended to read:
 1483         491.005 Licensure by examination.—
 1484         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1485  documentation and payment of a fee not to exceed $200, as set by
 1486  board rule, plus the actual per applicant cost to the department
 1487  for purchase of the examination from the American Association of
 1488  State Social Worker’s Boards or a similar national organization,
 1489  the department shall issue a license as a clinical social worker
 1490  to an applicant whom who the board certifies has met all of the
 1491  following criteria:
 1492         (a) Has Submitted an application and paid the appropriate
 1493  fee.
 1494         (b)1. Has Received a doctoral degree in social work from a
 1495  graduate school of social work which at the time the applicant
 1496  graduated was accredited by an accrediting agency recognized by
 1497  the United States Department of Education or has received a
 1498  master’s degree in social work from a graduate school of social
 1499  work which at the time the applicant graduated:
 1500         a. Was accredited by the Council on Social Work Education;
 1501         b. Was accredited by the Canadian Association for of
 1502  Schools of Social Work Education; or
 1503         c. Has been determined to have been a program equivalent to
 1504  programs approved by the Council on Social Work Education by the
 1505  Foreign Equivalency Determination Service of the Council on
 1506  Social Work Education. An applicant who graduated from a program
 1507  at a university or college outside of the United States or
 1508  Canada must present documentation of the equivalency
 1509  determination from the council in order to qualify.
 1510         2. The applicant’s graduate program must have emphasized
 1511  direct clinical patient or client health care services,
 1512  including, but not limited to, coursework in clinical social
 1513  work, psychiatric social work, medical social work, social
 1514  casework, psychotherapy, or group therapy. The applicant’s
 1515  graduate program must have included all of the following
 1516  coursework:
 1517         a. A supervised field placement which was part of the
 1518  applicant’s advanced concentration in direct practice, during
 1519  which the applicant provided clinical services directly to
 1520  clients.
 1521         b. Completion of 24 semester hours or 32 quarter hours in
 1522  theory of human behavior and practice methods as courses in
 1523  clinically oriented services, including a minimum of one course
 1524  in psychopathology, and no more than one course in research,
 1525  taken in a school of social work accredited or approved pursuant
 1526  to subparagraph 1.
 1527         3. If the course title which appears on the applicant’s
 1528  transcript does not clearly identify the content of the
 1529  coursework, the applicant provided shall be required to provide
 1530  additional documentation, including, but not limited to, a
 1531  syllabus or catalog description published for the course.
 1532         (c) Completed Has had at least 2 years of clinical social
 1533  work experience, which took place subsequent to completion of a
 1534  graduate degree in social work at an institution meeting the
 1535  accreditation requirements of this section, under the
 1536  supervision of a licensed clinical social worker or the
 1537  equivalent who is a qualified supervisor as determined by the
 1538  board. An individual who intends to practice in Florida to
 1539  satisfy clinical experience requirements must register pursuant
 1540  to s. 491.0045 before commencing practice. If the applicant’s
 1541  graduate program was not a program which emphasized direct
 1542  clinical patient or client health care services as described in
 1543  subparagraph (b)2., the supervised experience requirement must
 1544  take place after the applicant has completed a minimum of 15
 1545  semester hours or 22 quarter hours of the coursework required. A
 1546  doctoral internship may be applied toward the clinical social
 1547  work experience requirement. A licensed mental health
 1548  professional must be on the premises when clinical services are
 1549  provided by a registered intern in a private practice setting.
 1550         (d) Has Passed a theory and practice examination designated
 1551  by board rule provided by the department for this purpose.
 1552         (e) Has Demonstrated, in a manner designated by board rule
 1553  of the board, knowledge of the laws and rules governing the
 1554  practice of clinical social work, marriage and family therapy,
 1555  and mental health counseling.
 1556         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1557  documentation and payment of a fee not to exceed $200, as set by
 1558  board rule, plus the actual cost of the purchase of the
 1559  examination from the Association of Marital and Family Therapy
 1560  Regulatory Board, or similar national organization, the
 1561  department shall issue a license as a marriage and family
 1562  therapist to an applicant whom who the board certifies has met
 1563  all of the following criteria:
 1564         (a) Has Submitted an application and paid the appropriate
 1565  fee.
 1566         (b)1. Attained one of the following:
 1567         a. A minimum of a master’s degree in marriage and family
 1568  therapy from a program accredited by the Commission on
 1569  Accreditation for Marriage and Family Therapy Education.
 1570         b. A minimum of a master’s degree with a major emphasis in
 1571  marriage and family therapy or a closely related field from a
 1572  university program accredited by the Council on Accreditation of
 1573  Counseling and Related Educational Programs and graduate courses
 1574  approved by the board.
 1575         c.Has A minimum of a master’s degree with an major
 1576  emphasis in marriage and family therapy or a closely related
 1577  field, with a degree conferred before September 1, 2027, from an
 1578  institutionally accredited college or university from a program
 1579  accredited by the Commission on Accreditation for Marriage and
 1580  Family Therapy Education or from a Florida university program
 1581  accredited by the Council for Accreditation of Counseling and
 1582  Related Educational Programs and graduate courses approved by
 1583  the board of Clinical Social Work, Marriage and Family Therapy,
 1584  and Mental Health Counseling.
 1585         2. If the course title that appears on the applicant’s
 1586  transcript does not clearly identify the content of the
 1587  coursework, the applicant provided shall provide additional
 1588  documentation, including, but not limited to, a syllabus or
 1589  catalog description published for the course. The required
 1590  master’s degree must have been received in an institution of
 1591  higher education that, at the time the applicant graduated, was
 1592  fully accredited by an institutional a regional accrediting body
 1593  recognized by the Council for Higher Education Accreditation or
 1594  its successor organization Commission on Recognition of
 1595  Postsecondary Accreditation or was publicly recognized as a
 1596  member in good standing with Universities Canada the Association
 1597  of Universities and Colleges of Canada, or an institution of
 1598  higher education located outside the United States and Canada
 1599  which, at the time the applicant was enrolled and at the time
 1600  the applicant graduated, maintained a standard of training
 1601  substantially equivalent to the standards of training of those
 1602  institutions in the United States which are accredited by an
 1603  institutional a regional accrediting body recognized by the
 1604  Council for Higher Education Accreditation or its successor
 1605  organization Commission on Recognition of Postsecondary
 1606  Accreditation. Such foreign education and training must have
 1607  been received in an institution or program of higher education
 1608  officially recognized by the government of the country in which
 1609  it is located as an institution or program to train students to
 1610  practice as professional marriage and family therapists or
 1611  psychotherapists. The applicant has the burden of establishing
 1612  that the requirements of this provision have been met, and the
 1613  board shall require documentation, such as an evaluation by a
 1614  foreign equivalency determination service, as evidence that the
 1615  applicant’s graduate degree program and education were
 1616  equivalent to an accredited program in this country. An
 1617  applicant with a master’s degree from a program that did not
 1618  emphasize marriage and family therapy may complete the
 1619  coursework requirement in a training institution fully
 1620  accredited by the Commission on Accreditation for Marriage and
 1621  Family Therapy Education recognized by the United States
 1622  Department of Education.
 1623         (c) Completed Has had at least 2 years of clinical
 1624  experience during which 50 percent of the applicant’s clients
 1625  were receiving marriage and family therapy services, which must
 1626  be at the post-master’s level under the supervision of a
 1627  licensed marriage and family therapist with at least 5 years of
 1628  experience, or the equivalent, who is a qualified supervisor as
 1629  determined by the board. An individual who intends to practice
 1630  in Florida to satisfy the clinical experience requirements must
 1631  register pursuant to s. 491.0045 before commencing practice. If
 1632  a graduate has a master’s degree with a major emphasis in
 1633  marriage and family therapy or a closely related field which did
 1634  not include all of the coursework required by paragraph (b),
 1635  credit for the post-master’s level clinical experience may not
 1636  commence until the applicant has completed a minimum of 10 of
 1637  the courses required by paragraph (b), as determined by the
 1638  board, and at least 6 semester hours or 9 quarter hours of the
 1639  course credits must have been completed in the area of marriage
 1640  and family systems, theories, or techniques. Within the 2 years
 1641  of required experience, the applicant shall provide direct
 1642  individual, group, or family therapy and counseling to cases
 1643  including those involving unmarried dyads, married couples,
 1644  separating and divorcing couples, and family groups that include
 1645  children. A doctoral internship may be applied toward the
 1646  clinical experience requirement. A licensed mental health
 1647  professional must be on the premises when clinical services are
 1648  provided by a registered intern in a private practice setting.
 1649         (d) Has Passed a theory and practice examination designated
 1650  by board rule provided by the department.
 1651         (e) Has Demonstrated, in a manner designated by board rule,
 1652  knowledge of the laws and rules governing the practice of
 1653  clinical social work, marriage and family therapy, and mental
 1654  health counseling.
 1655  
 1656  For the purposes of dual licensure, the department shall license
 1657  as a marriage and family therapist any person who meets the
 1658  requirements of s. 491.0057. Fees for dual licensure may not
 1659  exceed those stated in this subsection.
 1660         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1661  documentation and payment of a fee not to exceed $200, as set by
 1662  board rule, plus the actual per applicant cost of purchase of
 1663  the examination from the National Board for Certified Counselors
 1664  or its successor organization, the department shall issue a
 1665  license as a mental health counselor to an applicant whom who
 1666  the board certifies has met all of the following criteria:
 1667         (a) Has Submitted an application and paid the appropriate
 1668  fee.
 1669         (b)1. Attained Has a minimum of an earned master’s degree
 1670  from a mental health counseling program accredited by the
 1671  Council for the Accreditation of Counseling and Related
 1672  Educational Programs which consists of at least 60 semester
 1673  hours or 80 quarter hours of clinical and didactic instruction,
 1674  including a course in human sexuality and a course in substance
 1675  abuse. If the master’s degree is earned from a program related
 1676  to the practice of mental health counseling which is not
 1677  accredited by the Council for the Accreditation of Counseling
 1678  and Related Educational Programs, then the coursework and
 1679  practicum, internship, or fieldwork must consist of at least 60
 1680  semester hours or 80 quarter hours and meet all of the following
 1681  requirements:
 1682         a. Thirty-three semester hours or 44 quarter hours of
 1683  graduate coursework, which must include a minimum of 3 semester
 1684  hours or 4 quarter hours of graduate-level coursework in each of
 1685  the following 11 content areas: counseling theories and
 1686  practice; human growth and development; diagnosis and treatment
 1687  of psychopathology; human sexuality; group theories and
 1688  practice; individual evaluation and assessment; career and
 1689  lifestyle assessment; research and program evaluation; social
 1690  and cultural foundations; substance abuse; and legal, ethical,
 1691  and professional standards issues in the practice of mental
 1692  health counseling. Courses in research, thesis or dissertation
 1693  work, practicums, internships, or fieldwork may not be applied
 1694  toward this requirement.
 1695         b. A minimum of 3 semester hours or 4 quarter hours of
 1696  graduate-level coursework addressing diagnostic processes,
 1697  including differential diagnosis and the use of the current
 1698  diagnostic tools, such as the current edition of the American
 1699  Psychiatric Association’s Diagnostic and Statistical Manual of
 1700  Mental Disorders. The graduate program must have emphasized the
 1701  common core curricular experience.
 1702         c. The equivalent, as determined by the board, of at least
 1703  700 hours of university-sponsored supervised clinical practicum,
 1704  internship, or field experience that includes at least 280 hours
 1705  of direct client services, as required in the accrediting
 1706  standards of the Council for Accreditation of Counseling and
 1707  Related Educational Programs for mental health counseling
 1708  programs. This experience may not be used to satisfy the post
 1709  master’s clinical experience requirement.
 1710         2. Has Provided additional documentation if a course title
 1711  that appears on the applicant’s transcript does not clearly
 1712  identify the content of the coursework. The documentation must
 1713  include, but is not limited to, a syllabus or catalog
 1714  description published for the course.
 1715  
 1716  Education and training in mental health counseling must have
 1717  been received in an institution of higher education that, at the
 1718  time the applicant graduated, was fully accredited by an
 1719  institutional a regional accrediting body recognized by the
 1720  Council for Higher Education Accreditation or its successor
 1721  organization or was publicly recognized as a member in good
 1722  standing with Universities Canada the Association of
 1723  Universities and Colleges of Canada, or an institution of higher
 1724  education located outside the United States and Canada which, at
 1725  the time the applicant was enrolled and at the time the
 1726  applicant graduated, maintained a standard of training
 1727  substantially equivalent to the standards of training of those
 1728  institutions in the United States which are accredited by an
 1729  institutional a regional accrediting body recognized by the
 1730  Council for Higher Education Accreditation or its successor
 1731  organization. Such foreign education and training must have been
 1732  received in an institution or program of higher education
 1733  officially recognized by the government of the country in which
 1734  it is located as an institution or program to train students to
 1735  practice as mental health counselors. The applicant has the
 1736  burden of establishing that the requirements of this provision
 1737  have been met, and the board shall require documentation, such
 1738  as an evaluation by a foreign equivalency determination service,
 1739  as evidence that the applicant’s graduate degree program and
 1740  education were equivalent to an accredited program in this
 1741  country. Beginning July 1, 2025, an applicant must have a
 1742  master’s degree from a program that is accredited by the Council
 1743  for Accreditation of Counseling and Related Educational
 1744  Programs, the Masters in Psychology and Counseling Accreditation
 1745  Council, or an equivalent accrediting body which consists of at
 1746  least 60 semester hours or 80 quarter hours to apply for
 1747  licensure under this paragraph.
 1748         (c) Completed Has had at least 2 years of clinical
 1749  experience in mental health counseling, which must be at the
 1750  post-master’s level under the supervision of a licensed mental
 1751  health counselor or the equivalent who is a qualified supervisor
 1752  as determined by the board. An individual who intends to
 1753  practice in Florida to satisfy the clinical experience
 1754  requirements must register pursuant to s. 491.0045 before
 1755  commencing practice. If a graduate has a master’s degree with a
 1756  major related to the practice of mental health counseling which
 1757  did not include all the coursework required under sub
 1758  subparagraphs (b)1.a. and b., credit for the post-master’s level
 1759  clinical experience may not commence until the applicant has
 1760  completed a minimum of seven of the courses required under sub
 1761  subparagraphs (b)1.a. and b., as determined by the board, one of
 1762  which must be a course in psychopathology or abnormal
 1763  psychology. A doctoral internship may be applied toward the
 1764  clinical experience requirement. A licensed mental health
 1765  professional must be on the premises when clinical services are
 1766  provided by a registered intern in a private practice setting.
 1767         (d) Has Passed a theory and practice examination designated
 1768  by board rule provided by the department for this purpose.
 1769         (e) Has Demonstrated, in a manner designated by board rule,
 1770  knowledge of the laws and rules governing the practice of
 1771  clinical social work, marriage and family therapy, and mental
 1772  health counseling.
 1773         Section 23. Effective upon this act becoming a law,
 1774  paragraph (d) of subsection (1) of section 766.31, Florida
 1775  Statutes, is amended to read:
 1776         766.31 Administrative law judge awards for birth-related
 1777  neurological injuries; notice of award.—
 1778         (1) Upon determining that an infant has sustained a birth
 1779  related neurological injury and that obstetrical services were
 1780  delivered by a participating physician at the birth, the
 1781  administrative law judge shall make an award providing
 1782  compensation for the following items relative to such injury:
 1783         (d)1.a. Periodic payments of an award to the parents or
 1784  legal guardians of the infant found to have sustained a birth
 1785  related neurological injury, which award may not exceed
 1786  $100,000. However, at the discretion of the administrative law
 1787  judge, such award may be made in a lump sum. Beginning on
 1788  January 1, 2021, the award may not exceed $250,000, and each
 1789  January 1 thereafter, the maximum award authorized under this
 1790  paragraph shall increase by 3 percent.
 1791         b. Parents or legal guardians who received an award
 1792  pursuant to this section before January 1, 2021, and whose child
 1793  currently receives benefits under the plan must receive a
 1794  retroactive payment in an amount sufficient to bring the total
 1795  award paid to the parents or legal guardians pursuant to sub
 1796  subparagraph a. to $250,000. This additional payment may be made
 1797  in a lump sum or in periodic payments as designated by the
 1798  parents or legal guardians and must be paid by July 1, 2021.
 1799         2.a. Death benefit for the infant in an amount of $50,000.
 1800         b. Parents or legal guardians who received an award
 1801  pursuant to this section, and whose child died since the
 1802  inception of the program, must receive a retroactive payment in
 1803  an amount sufficient to bring the total award paid to the
 1804  parents or legal guardians pursuant to sub-subparagraph a. to
 1805  $50,000. This additional payment may be made in a lump sum or in
 1806  periodic payments as designated by the parents or legal
 1807  guardians and must be paid by July 1, 2021.
 1808  
 1809  Should there be a final determination of compensability, and the
 1810  claimants accept an award under this section, the claimants are
 1811  shall not be liable for any expenses, including attorney
 1812  attorney’s fees, incurred in connection with the filing of a
 1813  claim under ss. 766.301-766.316 other than those expenses
 1814  awarded under this section.
 1815         Section 24. The amendment made to s. 766.31(1)(d)1.b.,
 1816  Florida Statutes, by this act applies retroactively. The Florida
 1817  Birth-Related Neurological Injury Compensation Plan must provide
 1818  the additional payment required under s. 766.31(1)(d)1.b.,
 1819  Florida Statutes, to parents and legal guardians who are
 1820  eligible for the additional payment under that sub-subparagraph
 1821  as a result of the amendment made by this act. The additional
 1822  payment may be made in a lump sum or in periodic payments as
 1823  designated by the parents or legal guardians and must be paid by
 1824  July 1, 2022. This section shall take effect upon this act
 1825  becoming a law.
 1826         Section 25. Subsection (6) and paragraph (c) of subsection
 1827  (9) of section 766.314, Florida Statutes, are amended to read:
 1828         766.314 Assessments; plan of operation.—
 1829         (6)(a) The association shall make all assessments required
 1830  by this section, except initial assessments of physicians
 1831  licensed on or after October 1, 1988, which assessments will be
 1832  made by the Department of Health Business and Professional
 1833  Regulation, and except assessments of casualty insurers pursuant
 1834  to subparagraph (5)(c)1., which assessments will be made by the
 1835  Office of Insurance Regulation. Beginning October 1, 1989, for
 1836  any physician licensed between October 1 and December 31 of any
 1837  year, the Department of Business and Professional Regulation
 1838  shall make the initial assessment plus the assessment for the
 1839  following calendar year. The Department of Health Business and
 1840  Professional Regulation shall provide the association, in an
 1841  electronic format, with a monthly report such frequency as
 1842  determined to be necessary, a listing, in a computer-readable
 1843  form, of the names and license numbers addresses of all
 1844  physicians licensed under chapter 458 or chapter 459.
 1845         (b)1. The association may enforce collection of assessments
 1846  required to be paid pursuant to ss. 766.301-766.316 by suit
 1847  filed in county court, or in circuit court if the amount due
 1848  could exceed the jurisdictional limits of county court. The
 1849  association is shall be entitled to an award of attorney
 1850  attorney’s fees, costs, and interest upon the entry of a
 1851  judgment against a physician for failure to pay such assessment,
 1852  with such interest accruing until paid. Notwithstanding the
 1853  provisions of chapters 47 and 48, the association may file such
 1854  suit in either Leon County or the county of the residence of the
 1855  defendant. The association shall notify the Department of Health
 1856  and the applicable board of any unpaid final judgment against a
 1857  physician within 7 days after the entry of final judgment.
 1858         2. The Department of Health Business and Professional
 1859  Regulation, upon notification by the association that an
 1860  assessment has not been paid and that there is an unsatisfied
 1861  judgment against a physician, shall refuse to not renew any
 1862  license issued to practice for such physician under issued
 1863  pursuant to chapter 458 or chapter 459 until the association
 1864  notifies the Department of Health that such time as the judgment
 1865  is satisfied in full.
 1866         (c) The Agency for Health Care Administration shall, upon
 1867  notification by the association that an assessment has not been
 1868  timely paid, enforce collection of such assessments required to
 1869  be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
 1870  a hospital to pay such assessment is grounds for disciplinary
 1871  action pursuant to s. 395.1065 notwithstanding any provision of
 1872  law to the contrary.
 1873         (9)
 1874         (c) If In the event the total of all current estimates
 1875  equals 80 percent of the funds on hand and the funds that will
 1876  become available to the association within the next 12 months
 1877  from all sources described in subsections (4) and (5) and
 1878  paragraph (7)(a), the association may shall not accept any new
 1879  claims without express authority from the Legislature. Nothing
 1880  in this section precludes herein shall preclude the association
 1881  from accepting any claim if the injury occurred 18 months or
 1882  more before prior to the effective date of this suspension.
 1883  Within 30 days after of the effective date of this suspension,
 1884  the association shall notify the Governor, the Speaker of the
 1885  House of Representatives, the President of the Senate, the
 1886  Office of Insurance Regulation, the Agency for Health Care
 1887  Administration, and the Department of Health, and the Department
 1888  of Business and Professional Regulation of this suspension.
 1889         Section 26. Except as otherwise expressly provided in this
 1890  act and except for this section, which shall take effect upon
 1891  this act becoming a law, this act shall take effect July 1,
 1892  2022.