Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1270
       
       
       
       
       
       
                                Ì275506,Î275506                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2025           .                                
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       The Committee on Health Policy (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon becoming a law, or, if this act
    6  fails to become a law until after June 1, 2025, operating
    7  retroactively to June 1, 2025, notwithstanding the scheduled
    8  repeal in section 9 of chapter 2023-43, Laws of Florida,
    9  paragraph (g) of subsection (2) of section 381.00316, Florida
   10  Statutes, is reenacted to read:
   11         381.00316 Discrimination by governmental and business
   12  entities based on health care choices; prohibition.—
   13         (2) As used in this section, the term:
   14         (g) “Messenger ribonucleic acid vaccine” means any vaccine
   15  that uses laboratory-produced messenger ribonucleic acid to
   16  trigger the human body’s immune system to generate an immune
   17  response.
   18         Section 2. Effective upon becoming a law, or, if this act
   19  fails to become a law until after June 1, 2025, operating
   20  retroactively to June 1, 2025, notwithstanding the scheduled
   21  repeal in section 9 of chapter 2023-43, Laws of Florida,
   22  paragraph (e) of subsection (1) of section 381.00319, Florida
   23  Statutes, is reenacted to read:
   24         381.00319 Prohibition on mask mandates and vaccination and
   25  testing mandates for educational institutions.—
   26         (1) For purposes of this section, the term:
   27         (e) “Messenger ribonucleic acid vaccine” has the same
   28  meaning as in s. 381.00316.
   29         Section 3. Effective upon becoming a law, or, if this act
   30  fails to become a law until after June 1, 2025, operating
   31  retroactively to June 1, 2025, section 9 of chapter 2023-43,
   32  Laws of Florida, is repealed.
   33         Section 4. Paragraphs (b) and (d) of subsection (4) and
   34  subsection (6) of section 381.026, Florida Statutes, are amended
   35  to read:
   36         381.026 Florida Patient’s Bill of Rights and
   37  Responsibilities.—
   38         (4) RIGHTS OF PATIENTS.—Each health care facility or
   39  provider shall observe the following standards:
   40         (b) Information.—
   41         1. A patient has the right to know the name, function, and
   42  qualifications of each health care provider who is providing
   43  medical services to the patient. A patient may request such
   44  information from his or her responsible provider or the health
   45  care facility in which he or she is receiving medical services.
   46         2. A patient in a health care facility has the right to
   47  know what patient support services are available in the
   48  facility.
   49         3. A patient has the right to be given by his or her health
   50  care provider information concerning diagnosis, planned course
   51  of treatment, alternatives, risks, and prognosis, unless it is
   52  medically inadvisable or impossible to give this information to
   53  the patient, in which case the information must be given to the
   54  patient’s guardian or a person designated as the patient’s
   55  representative. A patient has the right to refuse this
   56  information.
   57         4. A patient has the right to refuse any treatment based on
   58  information required by this paragraph, except as otherwise
   59  provided by law. The responsible provider shall document any
   60  such refusal.
   61         5. A patient in a health care facility has the right to
   62  know what facility rules and regulations apply to patient
   63  conduct.
   64         6. A patient has the right to express grievances to a
   65  health care provider, a health care facility, or the appropriate
   66  state licensing agency regarding alleged violations of patients’
   67  rights. A patient has the right to know the health care
   68  provider’s or health care facility’s procedures for expressing a
   69  grievance.
   70         7. A patient in a health care facility who does not speak
   71  English has the right to be provided an interpreter when
   72  receiving medical services if the facility has a person readily
   73  available who can interpret on behalf of the patient.
   74         8. A health care provider or health care facility shall
   75  respect a patient’s right to privacy and should refrain from
   76  making a written inquiry or asking questions concerning the
   77  ownership of a firearm or ammunition by the patient or by a
   78  family member of the patient, or the presence of a firearm in a
   79  private home or other domicile of the patient or a family member
   80  of the patient. Notwithstanding this provision, a health care
   81  provider or health care facility that in good faith believes
   82  that this information is relevant to the patient’s medical care
   83  or safety, or safety of others, may make such a verbal or
   84  written inquiry.
   85         9. A patient may decline to answer or provide any
   86  information regarding ownership of a firearm by the patient or a
   87  family member of the patient, or the presence of a firearm in
   88  the domicile of the patient or a family member of the patient. A
   89  patient’s decision not to answer a question relating to the
   90  presence or ownership of a firearm does not alter existing law
   91  regarding a physician’s authorization to choose his or her
   92  patients.
   93         10. A health care provider or health care facility may not
   94  discriminate against a patient based solely upon the patient’s
   95  exercise of the constitutional right to own and possess firearms
   96  or ammunition.
   97         11. A health care provider or health care facility shall
   98  respect a patient’s legal right to own or possess a firearm and
   99  should refrain from unnecessarily harassing a patient about
  100  firearm ownership during an examination.
  101         12.A health care provider or health care facility may not
  102  discriminate against a patient based solely upon the patient’s
  103  vaccination status.
  104         (d) Access to health care.—
  105         1. A patient has the right to impartial access to medical
  106  treatment or accommodations, regardless of race, national
  107  origin, religion, handicap, vaccination status, or source of
  108  payment.
  109         2. A patient has the right to treatment for any emergency
  110  medical condition that will deteriorate from failure to provide
  111  such treatment.
  112         3. A patient has the right to access any mode of treatment
  113  that is, in his or her own judgment and the judgment of his or
  114  her health care practitioner, in the best interests of the
  115  patient, including complementary or alternative health care
  116  treatments, in accordance with the provisions of s. 456.41.
  117         (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
  118  provider who treats a patient in an office or any health care
  119  facility licensed under chapter 395 that provides emergency
  120  services and care or outpatient services and care to a patient,
  121  or admits and treats a patient, shall adopt and make available
  122  to the patient, in writing, a statement of the rights and
  123  responsibilities of patients, including the following:
  124  
  125                SUMMARY OF THE FLORIDA PATIENT’S BILL              
  126                   OF RIGHTS AND RESPONSIBILITIES                  
  127  
  128         Florida law requires that your health care
  129         provider or health care facility recognize your rights
  130         while you are receiving medical care and that you
  131         respect the health care provider’s or health care
  132         facility’s right to expect certain behavior on the
  133         part of patients. You may request a copy of the full
  134         text of this law from your health care provider or
  135         health care facility. A summary of your rights and
  136         responsibilities follows:
  137         A patient has the right to be treated with
  138         courtesy and respect, with appreciation of his or her
  139         individual dignity, and with protection of his or her
  140         need for privacy.
  141         A patient has the right to a prompt and
  142         reasonable response to questions and requests.
  143         A patient has the right to know who is providing
  144         medical services and who is responsible for his or her
  145         care.
  146         A patient has the right to know what patient
  147         support services are available, including whether an
  148         interpreter is available if he or she does not speak
  149         English.
  150         A patient has the right to bring any person of
  151         his or her choosing to the patient-accessible areas of
  152         the health care facility or provider’s office to
  153         accompany the patient while the patient is receiving
  154         inpatient or outpatient treatment or is consulting
  155         with his or her health care provider, unless doing so
  156         would risk the safety or health of the patient, other
  157         patients, or staff of the facility or office or cannot
  158         be reasonably accommodated by the facility or
  159         provider.
  160         A patient has the right to know what rules and
  161         regulations apply to his or her conduct.
  162         A patient has the right to be given by the health
  163         care provider information concerning diagnosis,
  164         planned course of treatment, alternatives, risks, and
  165         prognosis.
  166         A patient has the right to refuse any treatment,
  167         except as otherwise provided by law.
  168         A patient has the right to be given, upon
  169         request, full information and necessary counseling on
  170         the availability of known financial resources for his
  171         or her care.
  172         A patient who is eligible for Medicare has the
  173         right to know, upon request and in advance of
  174         treatment, whether the health care provider or health
  175         care facility accepts the Medicare assignment rate.
  176         A patient has the right to receive, upon request,
  177         prior to treatment, a reasonable estimate of charges
  178         for medical care.
  179         A patient has the right to receive a copy of a
  180         reasonably clear and understandable, itemized bill
  181         and, upon request, to have the charges explained.
  182         A patient has the right to impartial access to
  183         medical treatment or accommodations, regardless of
  184         race, national origin, religion, handicap, vaccination
  185         status, or source of payment.
  186         A patient has the right to treatment for any
  187         emergency medical condition that will deteriorate from
  188         failure to provide treatment.
  189         A patient has the right to know if medical
  190         treatment is for purposes of experimental research and
  191         to give his or her consent or refusal to participate
  192         in such experimental research.
  193         A patient has the right to express grievances
  194         regarding any violation of his or her rights, as
  195         stated in Florida law, through the grievance procedure
  196         of the health care provider or health care facility
  197         which served him or her and to the appropriate state
  198         licensing agency.
  199         A patient is responsible for providing to the
  200         health care provider, to the best of his or her
  201         knowledge, accurate and complete information about
  202         present complaints, past illnesses, hospitalizations,
  203         medications, and other matters relating to his or her
  204         health.
  205         A patient is responsible for reporting unexpected
  206         changes in his or her condition to the health care
  207         provider.
  208         A patient is responsible for reporting to the
  209         health care provider whether he or she comprehends a
  210         contemplated course of action and what is expected of
  211         him or her.
  212         A patient is responsible for following the
  213         treatment plan recommended by the health care
  214         provider.
  215         A patient is responsible for keeping appointments
  216         and, when he or she is unable to do so for any reason,
  217         for notifying the health care provider or health care
  218         facility.
  219         A patient is responsible for his or her actions
  220         if he or she refuses treatment or does not follow the
  221         health care provider’s instructions.
  222         A patient is responsible for assuring that the
  223         financial obligations of his or her health care are
  224         fulfilled as promptly as possible.
  225         A patient is responsible for following health
  226         care facility rules and regulations affecting patient
  227         care and conduct.
  228  
  229         Section 5. Paragraphs (b), (e), and (f) of subsection (8)
  230  of section 381.986, Florida Statutes, are amended to read:
  231         381.986 Medical use of marijuana.—
  232         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  233         (b) An applicant for licensure as a medical marijuana
  234  treatment center must shall apply to the department on a form
  235  prescribed by the department and adopted in rule. The department
  236  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  237  establishing a procedure for the issuance and biennial renewal
  238  of licenses, including initial application and biennial renewal
  239  fees sufficient to cover the costs of implementing and
  240  administering this section, and establishing supplemental
  241  licensure fees for payment beginning May 1, 2018, sufficient to
  242  cover the costs of administering ss. 381.989 and 1004.4351. The
  243  department shall identify applicants with strong diversity plans
  244  reflecting this state’s commitment to diversity and implement
  245  training programs and other educational programs to enable
  246  minority persons and minority business enterprises, as defined
  247  in s. 288.703, and veteran business enterprises, as defined in
  248  s. 295.187, to compete for medical marijuana treatment center
  249  licensure and contracts. Subject to the requirements in
  250  subparagraphs (a)2.-4., the department shall issue a license to
  251  an applicant if the applicant meets the requirements of this
  252  section and pays the initial application fee. The department
  253  shall renew the licensure of a medical marijuana treatment
  254  center biennially if the licensee meets the requirements of this
  255  section and pays the biennial renewal fee. However, the
  256  department may not renew the license of a medical marijuana
  257  treatment center that has not begun to cultivate, process, and
  258  dispense marijuana by the date that the medical marijuana
  259  treatment center is required to renew its license. An individual
  260  may not be an applicant, owner, officer, board member, or
  261  manager on more than one application for licensure as a medical
  262  marijuana treatment center. An individual or entity may not be
  263  awarded more than one license as a medical marijuana treatment
  264  center. An applicant for licensure as a medical marijuana
  265  treatment center must demonstrate:
  266         1. That, for the 5 consecutive years before submitting the
  267  application, the applicant has been registered to do business in
  268  this the state.
  269         2. Possession of a valid certificate of registration issued
  270  by the Department of Agriculture and Consumer Services pursuant
  271  to s. 581.131.
  272         3. The technical and technological ability to cultivate and
  273  produce marijuana, including, but not limited to, low-THC
  274  cannabis.
  275         4. The ability to secure the premises, resources, and
  276  personnel necessary to operate as a medical marijuana treatment
  277  center.
  278         5. The ability to maintain accountability of all raw
  279  materials, finished products, and any byproducts to prevent
  280  diversion or unlawful access to or possession of these
  281  substances.
  282         6. An infrastructure reasonably located to dispense
  283  marijuana to registered qualified patients statewide or
  284  regionally as determined by the department.
  285         7. The financial ability to maintain operations for the
  286  duration of the 2-year approval cycle, including the provision
  287  of certified financial statements to the department.
  288         a. Upon approval, the applicant must post a $5 million
  289  performance bond issued by an authorized surety insurance
  290  company rated in one of the three highest rating categories by a
  291  nationally recognized rating service. However, a medical
  292  marijuana treatment center serving at least 1,000 qualified
  293  patients is only required to maintain a $2 million performance
  294  bond.
  295         b. In lieu of the performance bond required under sub
  296  subparagraph a., the applicant may provide an irrevocable letter
  297  of credit payable to the department or provide cash to the
  298  department. If provided with cash under this sub-subparagraph,
  299  the department must shall deposit the cash in the Grants and
  300  Donations Trust Fund within the Department of Health, subject to
  301  the same conditions as the bond regarding requirements for the
  302  applicant to forfeit ownership of the funds. If the funds
  303  deposited under this sub-subparagraph generate interest, the
  304  amount of that interest must shall be used by the department for
  305  the administration of this section.
  306         8. That all owners, officers, board members, and managers
  307  have passed a background screening pursuant to subsection (9).
  308  As used in this subparagraph, the term:
  309         a.“Manager” means any person with the authority to
  310  exercise or contribute to the operational control, direction, or
  311  management of an applicant or a medical marijuana treatment
  312  center or who has authority to supervise any employee of an
  313  applicant or a medical marijuana treatment center. This includes
  314  officers and board members.
  315         b.“Owner” means any person who owns or controls a 5
  316  percent or greater share of interests of the applicant or a
  317  medical marijuana treatment center which include beneficial or
  318  voting rights to interests. In the event that one person owns a
  319  beneficial right to interests and another person holds the
  320  voting rights with respect to such interests, then in such case,
  321  both are considered the owner of such interests.
  322         9. The employment of a medical director to supervise the
  323  activities of the medical marijuana treatment center.
  324         10. A diversity plan that promotes and ensures the
  325  involvement of minority persons and minority business
  326  enterprises, as defined in s. 288.703, or veteran business
  327  enterprises, as defined in s. 295.187, in ownership, management,
  328  and employment. An applicant for licensure renewal must show the
  329  effectiveness of the diversity plan by including the following
  330  with his or her application for renewal:
  331         a. Representation of minority persons and veterans in the
  332  medical marijuana treatment center’s workforce;
  333         b. Efforts to recruit minority persons and veterans for
  334  employment; and
  335         c. A record of contracts for services with minority
  336  business enterprises and veteran business enterprises.
  337         (e) A licensed medical marijuana treatment center shall
  338  cultivate, process, transport, and dispense marijuana for
  339  medical use. A licensed medical marijuana treatment center may
  340  not contract for services directly related to the cultivation,
  341  processing, and dispensing of marijuana or marijuana delivery
  342  devices, except that a medical marijuana treatment center
  343  licensed pursuant to subparagraph (a)1. may contract with a
  344  single entity for the cultivation, processing, transporting, and
  345  dispensing of marijuana and marijuana delivery devices. A
  346  licensed medical marijuana treatment center shall must, at all
  347  times, maintain compliance with the criteria demonstrated and
  348  representations made in the initial application and the criteria
  349  established in this subsection. Upon request, the department may
  350  grant a medical marijuana treatment center a variance from the
  351  representations made in the initial application. Consideration
  352  of such a request must shall be based upon the individual facts
  353  and circumstances surrounding the request. A variance may not be
  354  granted unless the requesting medical marijuana treatment center
  355  can demonstrate to the department that it has a proposed
  356  alternative to the specific representation made in its
  357  application which fulfills the same or a similar purpose as the
  358  specific representation in a way that the department can
  359  reasonably determine will not be a lower standard than the
  360  specific representation in the application. A variance may not
  361  be granted from the requirements in subparagraph 2. and
  362  subparagraphs (b)1. and 2.
  363         1. A licensed medical marijuana treatment center may
  364  transfer ownership to an individual or entity who meets the
  365  requirements of this section. A publicly traded corporation or
  366  publicly traded company that meets the requirements of this
  367  section is not precluded from ownership of a medical marijuana
  368  treatment center. To accommodate a change in ownership:
  369         a. The licensed medical marijuana treatment center shall
  370  notify the department in writing at least 60 days before the
  371  anticipated date of the change of ownership.
  372         b. The individual or entity applying for initial licensure
  373  due to a change of ownership must submit an application that
  374  must be received by the department at least 60 days before the
  375  date of change of ownership.
  376         c. Upon receipt of an application for a license, the
  377  department shall examine the application and, within 30 days
  378  after receipt, notify the applicant in writing of any apparent
  379  errors or omissions and request any additional information
  380  required.
  381         d. Requested information omitted from an application for
  382  licensure must be filed with the department within 21 days after
  383  the department’s request for omitted information or the
  384  application will shall be deemed incomplete and shall be
  385  withdrawn from further consideration and the fees shall be
  386  forfeited.
  387         e. Within 30 days after the receipt of a complete
  388  application, the department shall approve or deny the
  389  application.
  390         2. A medical marijuana treatment center, and any individual
  391  or entity who directly or indirectly owns, controls, or holds
  392  with power to vote 5 percent or more of the voting shares of a
  393  medical marijuana treatment center, may not acquire direct or
  394  indirect ownership or control of any voting shares or other form
  395  of ownership of any other medical marijuana treatment center.
  396         3. A medical marijuana treatment center may not enter into
  397  any form of profit-sharing arrangement with the property owner
  398  or lessor of any of its facilities where cultivation,
  399  processing, storing, or dispensing of marijuana and marijuana
  400  delivery devices occurs.
  401         4. All employees of a medical marijuana treatment center
  402  must be 21 years of age or older and have passed a background
  403  screening pursuant to subsection (9). As used in this
  404  subparagraph, the term “employee” means any person employed by a
  405  medical marijuana treatment center licensee in any capacity,
  406  including those whose duties involve any aspect of the
  407  cultivation, processing, transportation, or dispensing of
  408  marijuana. This requirement applies to all employees, regardless
  409  of the compensation received.
  410         5. Each medical marijuana treatment center must adopt and
  411  enforce policies and procedures to ensure employees and
  412  volunteers receive training on the legal requirements to
  413  dispense marijuana to qualified patients.
  414         6. When growing marijuana, a medical marijuana treatment
  415  center:
  416         a. May use pesticides determined by the department, after
  417  consultation with the Department of Agriculture and Consumer
  418  Services, to be safely applied to plants intended for human
  419  consumption, but may not use pesticides designated as
  420  restricted-use pesticides pursuant to s. 487.042.
  421         b. Must grow marijuana within an enclosed structure and in
  422  a room separate from any other plant.
  423         c. Must inspect seeds and growing plants for plant pests
  424  that endanger or threaten the horticultural and agricultural
  425  interests of the state in accordance with chapter 581 and any
  426  rules adopted thereunder.
  427         d. Must perform fumigation or treatment of plants, or
  428  remove and destroy infested or infected plants, in accordance
  429  with chapter 581 and any rules adopted thereunder.
  430         7. Each medical marijuana treatment center must produce and
  431  make available for purchase at least one low-THC cannabis
  432  product.
  433         8. A medical marijuana treatment center that produces
  434  edibles must hold a permit to operate as a food establishment
  435  pursuant to chapter 500, the Florida Food Safety Act, and must
  436  comply with all the requirements for food establishments
  437  pursuant to chapter 500 and any rules adopted thereunder.
  438  Edibles may not contain more than 200 milligrams of
  439  tetrahydrocannabinol, and a single serving portion of an edible
  440  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  441  may not have a potency variance of no greater than 15 percent.
  442  Marijuana products, including edibles, may not be attractive to
  443  children; be manufactured in the shape of humans, cartoons, or
  444  animals; be manufactured in a form that bears any reasonable
  445  resemblance to products available for consumption as
  446  commercially available candy; or contain any color additives. To
  447  discourage consumption of edibles by children, the department
  448  shall determine by rule any shapes, forms, and ingredients
  449  allowed and prohibited for edibles. Medical marijuana treatment
  450  centers may not begin processing or dispensing edibles until
  451  after the effective date of the rule. The department shall also
  452  adopt sanitation rules providing the standards and requirements
  453  for the storage, display, or dispensing of edibles.
  454         9. Within 12 months after licensure, a medical marijuana
  455  treatment center must demonstrate to the department that all of
  456  its processing facilities have passed a Food Safety Good
  457  Manufacturing Practices, such as Global Food Safety Initiative
  458  or equivalent, inspection by a nationally accredited certifying
  459  body. A medical marijuana treatment center must immediately stop
  460  processing at any facility which fails to pass this inspection
  461  until it demonstrates to the department that such facility has
  462  met this requirement.
  463         10. A medical marijuana treatment center that produces
  464  prerolled marijuana cigarettes may not use wrapping paper made
  465  with tobacco or hemp.
  466         11. When processing marijuana, a medical marijuana
  467  treatment center must:
  468         a. Process the marijuana within an enclosed structure and
  469  in a room separate from other plants or products.
  470         b. Comply with department rules when processing marijuana
  471  with hydrocarbon solvents or other solvents or gases exhibiting
  472  potential toxicity to humans. The department shall determine by
  473  rule the requirements for medical marijuana treatment centers to
  474  use such solvents or gases exhibiting potential toxicity to
  475  humans.
  476         c. Comply with federal and state laws and regulations and
  477  department rules for solid and liquid wastes. The department
  478  shall determine by rule procedures for the storage, handling,
  479  transportation, management, and disposal of solid and liquid
  480  waste generated during marijuana production and processing. The
  481  Department of Environmental Protection shall assist the
  482  department in developing such rules.
  483         d. Test the processed marijuana using a medical marijuana
  484  testing laboratory before it is dispensed. Results must be
  485  verified and signed by two medical marijuana treatment center
  486  employees. Before dispensing, the medical marijuana treatment
  487  center must determine that the test results indicate that low
  488  THC cannabis meets the definition of low-THC cannabis, the
  489  concentration of tetrahydrocannabinol meets the potency
  490  requirements of this section, the labeling of the concentration
  491  of tetrahydrocannabinol and cannabidiol is accurate, and all
  492  marijuana is safe for human consumption and free from
  493  contaminants that are unsafe for human consumption. The
  494  department shall determine by rule which contaminants must be
  495  tested for and the maximum levels of each contaminant which are
  496  safe for human consumption. The Department of Agriculture and
  497  Consumer Services shall assist the department in developing the
  498  testing requirements for contaminants that are unsafe for human
  499  consumption in edibles. The department shall also determine by
  500  rule the procedures for the treatment of marijuana that fails to
  501  meet the testing requirements of this section, s. 381.988, or
  502  department rule. The department may select samples of marijuana
  503  from a medical marijuana treatment center facility which shall
  504  be tested by the department to determine whether the marijuana
  505  meets the potency requirements of this section, is safe for
  506  human consumption, and is accurately labeled with the
  507  tetrahydrocannabinol and cannabidiol concentration or to verify
  508  the result of marijuana testing conducted by a marijuana testing
  509  laboratory. The department may also select samples of marijuana
  510  delivery devices from a medical marijuana treatment center to
  511  determine whether the marijuana delivery device is safe for use
  512  by qualified patients. A medical marijuana treatment center may
  513  not require payment from the department for the sample. A
  514  medical marijuana treatment center must recall marijuana,
  515  including all marijuana and marijuana products made from the
  516  same batch of marijuana, that fails to meet the potency
  517  requirements of this section, that is unsafe for human
  518  consumption, or for which the labeling of the
  519  tetrahydrocannabinol and cannabidiol concentration is
  520  inaccurate. The department shall adopt rules to establish
  521  marijuana potency variations of no greater than 15 percent using
  522  negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
  523  for, but is not limited to, time lapses between testing, testing
  524  methods, testing instruments, and types of marijuana sampled for
  525  testing. The department may not issue any recalls for product
  526  potency as it relates to product labeling before issuing a rule
  527  relating to potency variation standards. A medical marijuana
  528  treatment center must also recall all marijuana delivery devices
  529  determined to be unsafe for use by qualified patients. The
  530  medical marijuana treatment center must retain records of all
  531  testing and samples of each homogeneous batch of marijuana for
  532  at least 9 months. The medical marijuana treatment center must
  533  contract with a marijuana testing laboratory to perform audits
  534  on the medical marijuana treatment center’s standard operating
  535  procedures, testing records, and samples and provide the results
  536  to the department to confirm that the marijuana or low-THC
  537  cannabis meets the requirements of this section and that the
  538  marijuana or low-THC cannabis is safe for human consumption. A
  539  medical marijuana treatment center shall reserve two processed
  540  samples from each batch and retain such samples for at least 9
  541  months for the purpose of such audits. A medical marijuana
  542  treatment center may use a laboratory that has not been
  543  certified by the department under s. 381.988 until such time as
  544  at least one laboratory holds the required certification, but in
  545  no event later than July 1, 2018.
  546         e. Package the marijuana in compliance with the United
  547  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  548  1471 et seq.
  549         f. Package the marijuana in a receptacle that has a firmly
  550  affixed and legible label stating the following information:
  551         (I) The marijuana or low-THC cannabis meets the
  552  requirements of sub-subparagraph d.
  553         (II) The name of the medical marijuana treatment center
  554  from which the marijuana originates.
  555         (III) The batch number and harvest number from which the
  556  marijuana originates and the date dispensed.
  557         (IV) The name of the physician who issued the physician
  558  certification.
  559         (V) The name of the patient.
  560         (VI) The product name, if applicable, and dosage form,
  561  including concentration of tetrahydrocannabinol and cannabidiol.
  562  The product name may not contain wording commonly associated
  563  with products that are attractive to children or which promote
  564  the recreational use of marijuana.
  565         (VII) The recommended dose.
  566         (VIII) A warning that it is illegal to transfer medical
  567  marijuana to another person.
  568         (IX) A marijuana universal symbol developed by the
  569  department.
  570         12. The medical marijuana treatment center shall include in
  571  each package a patient package insert with information on the
  572  specific product dispensed related to:
  573         a. Clinical pharmacology.
  574         b. Indications and use.
  575         c. Dosage and administration.
  576         d. Dosage forms and strengths.
  577         e. Contraindications.
  578         f. Warnings and precautions.
  579         g. Adverse reactions.
  580         13. In addition to the packaging and labeling requirements
  581  specified in subparagraphs 11. and 12., marijuana in a form for
  582  smoking must be packaged in a sealed receptacle with a legible
  583  and prominent warning to keep away from children and a warning
  584  that states marijuana smoke contains carcinogens and may
  585  negatively affect health. Such receptacles for marijuana in a
  586  form for smoking must be plain, opaque, and white without
  587  depictions of the product or images other than the medical
  588  marijuana treatment center’s department-approved logo and the
  589  marijuana universal symbol.
  590         14. The department shall adopt rules to regulate the types,
  591  appearance, and labeling of marijuana delivery devices dispensed
  592  from a medical marijuana treatment center. The rules must
  593  require marijuana delivery devices to have an appearance
  594  consistent with medical use.
  595         15. Each edible must be individually sealed in plain,
  596  opaque wrapping marked only with the marijuana universal symbol.
  597  Where practical, each edible must be marked with the marijuana
  598  universal symbol. In addition to the packaging and labeling
  599  requirements in subparagraphs 11. and 12., edible receptacles
  600  must be plain, opaque, and white without depictions of the
  601  product or images other than the medical marijuana treatment
  602  center’s department-approved logo and the marijuana universal
  603  symbol. The receptacle must also include a list of all the
  604  edible’s ingredients, storage instructions, an expiration date,
  605  a legible and prominent warning to keep away from children and
  606  pets, and a warning that the edible has not been produced or
  607  inspected pursuant to federal food safety laws.
  608         16. When dispensing marijuana or a marijuana delivery
  609  device, a medical marijuana treatment center:
  610         a. May dispense any active, valid order for low-THC
  611  cannabis, medical cannabis and cannabis delivery devices issued
  612  pursuant to former s. 381.986, Florida Statutes 2016, which was
  613  entered into the medical marijuana use registry before July 1,
  614  2017.
  615         b. May not dispense more than a 70-day supply of marijuana
  616  within any 70-day period to a qualified patient or caregiver.
  617  May not dispense more than one 35-day supply of marijuana in a
  618  form for smoking within any 35-day period to a qualified patient
  619  or caregiver. A 35-day supply of marijuana in a form for smoking
  620  may not exceed 2.5 ounces unless an exception to this amount is
  621  approved by the department pursuant to paragraph (4)(f).
  622         c. Must have the medical marijuana treatment center’s
  623  employee who dispenses the marijuana or a marijuana delivery
  624  device enter into the medical marijuana use registry his or her
  625  name or unique employee identifier.
  626         d. Must verify that the qualified patient and the
  627  caregiver, if applicable, each have an active registration in
  628  the medical marijuana use registry and an active and valid
  629  medical marijuana use registry identification card, the amount
  630  and type of marijuana dispensed matches the physician
  631  certification in the medical marijuana use registry for that
  632  qualified patient, and the physician certification has not
  633  already been filled.
  634         e. May not dispense marijuana to a qualified patient who is
  635  younger than 18 years of age. If the qualified patient is
  636  younger than 18 years of age, marijuana may only be dispensed to
  637  the qualified patient’s caregiver.
  638         f. May not dispense or sell any other type of cannabis,
  639  alcohol, or illicit drug-related product, including pipes or
  640  wrapping papers made with tobacco or hemp, other than a
  641  marijuana delivery device required for the medical use of
  642  marijuana and which is specified in a physician certification.
  643         g. Must, upon dispensing the marijuana or marijuana
  644  delivery device, record in the registry the date, time,
  645  quantity, and form of marijuana dispensed; the type of marijuana
  646  delivery device dispensed; and the name and medical marijuana
  647  use registry identification number of the qualified patient or
  648  caregiver to whom the marijuana delivery device was dispensed.
  649         h. Must ensure that patient records are not visible to
  650  anyone other than the qualified patient, his or her caregiver,
  651  and authorized medical marijuana treatment center employees.
  652         (f) To ensure the safety and security of premises where the
  653  cultivation, processing, storing, or dispensing of marijuana
  654  occurs, and to maintain adequate controls against the diversion,
  655  theft, and loss of marijuana or marijuana delivery devices, a
  656  medical marijuana treatment center shall:
  657         1.a. Maintain a fully operational security alarm system
  658  that secures all entry points and perimeter windows and is
  659  equipped with motion detectors; pressure switches; and duress,
  660  panic, and hold-up alarms; and
  661         b. Maintain a video surveillance system that records
  662  continuously 24 hours a day and meets the following criteria:
  663         (I) Cameras are fixed in a place that allows for the clear
  664  identification of persons and activities in controlled areas of
  665  the premises. Controlled areas include grow rooms, processing
  666  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  667  rooms.
  668         (II) Cameras are fixed in entrances and exits to the
  669  premises, which must shall record from both indoor and outdoor,
  670  or ingress and egress, vantage points.
  671         (III) Recorded images must clearly and accurately display
  672  the time and date.
  673         (IV) Retain video surveillance recordings for at least 45
  674  days or longer upon the request of a law enforcement agency.
  675         2. Ensure that the medical marijuana treatment center’s
  676  outdoor premises have sufficient lighting from dusk until dawn.
  677         3. Ensure that the indoor premises where dispensing occurs
  678  includes a waiting area with sufficient space and seating to
  679  accommodate qualified patients and caregivers and at least one
  680  private consultation area that is isolated from the waiting area
  681  and area where dispensing occurs. A medical marijuana treatment
  682  center may not display products or dispense marijuana or
  683  marijuana delivery devices in the waiting area.
  684         4. Not dispense from its premises marijuana or a marijuana
  685  delivery device between the hours of 9 p.m. and 7 a.m., but may
  686  perform all other operations and deliver marijuana to qualified
  687  patients 24 hours a day.
  688         5. Store marijuana in a secured, locked room or a vault.
  689         6. Require at least two of its employees, or two employees
  690  of a security agency with whom it contracts, to be on the
  691  premises at all times where cultivation, processing, or storing
  692  of marijuana occurs.
  693         7. Require each employee or contractor to wear a photo
  694  identification badge at all times while on the premises.
  695         8. Require each visitor to wear a visitor pass at all times
  696  while on the premises.
  697         9. Implement an alcohol and drug-free workplace policy.
  698         10. Report to local law enforcement and notify the
  699  department through e-mail within 24 hours after the medical
  700  marijuana treatment center is notified or becomes aware of any
  701  actual or attempted the theft, diversion, or loss of marijuana.
  702         Section 6. Paragraph (d) of subsection (1) of section
  703  381.988, Florida Statutes, is amended to read:
  704         381.988 Medical marijuana testing laboratories; marijuana
  705  tests conducted by a certified laboratory.—
  706         (1) A person or entity seeking to be a certified marijuana
  707  testing laboratory must:
  708         (d) Require all employees, owners, and managers to submit
  709  to and pass a level 2 background screening pursuant to chapter
  710  435. The department shall deny certification if the person or
  711  entity seeking certification has a disqualifying offense as
  712  provided in s. 435.04 or has an arrest awaiting final
  713  disposition for, has been found guilty of, or has entered a plea
  714  of guilty or nolo contendere to, regardless of adjudication, any
  715  offense listed in chapter 837, chapter 895, or chapter 896 or
  716  similar law of another jurisdiction. Exemptions from
  717  disqualification as provided under s. 435.07 do not apply to
  718  this paragraph.
  719         1. As used in this paragraph, the term:
  720         a.“Employee” means any person whose duties or activities
  721  involve any aspect of regulatory compliance testing or research
  722  and development testing of marijuana for a certified marijuana
  723  testing laboratory, regardless of whether such person is
  724  compensated for his or her work.
  725         b.“Manager” means any person with authority to exercise or
  726  contribute to the operational control, direction, or management
  727  of an applicant or certified marijuana testing laboratory or who
  728  has authority to supervise any employee of an applicant or a
  729  certified marijuana testing laboratory. This includes officers
  730  and board members.
  731         c.“Owner” means any person who owns or controls a 5
  732  percent or greater share of interests of the applicant or a
  733  certified marijuana testing laboratory which include beneficial
  734  or voting rights to interests. In the event that one person owns
  735  a beneficial right to interests and another person holds the
  736  voting rights with respect to such interests, then in such case,
  737  both are considered the owner of such interests.
  738         2. Such employees, owners, and managers must submit a full
  739  set of fingerprints to the department or to a vendor, entity, or
  740  agency authorized by s. 943.053(13). The department, vendor,
  741  entity, or agency shall forward the fingerprints to the
  742  Department of Law Enforcement for state processing, and the
  743  Department of Law Enforcement shall forward the fingerprints to
  744  the Federal Bureau of Investigation for national processing.
  745         3.2. Fees for state and federal fingerprint processing and
  746  retention must shall be borne by the certified marijuana testing
  747  laboratory. The state cost for fingerprint processing is shall
  748  be as provided in s. 943.053(3)(e) for records provided to
  749  persons or entities other than those specified as exceptions
  750  therein.
  751         4.3. Fingerprints submitted to the Department of Law
  752  Enforcement pursuant to this paragraph must shall be retained by
  753  the Department of Law Enforcement as provided in s. 943.05(2)(g)
  754  and (h) and, when the Department of Law Enforcement begins
  755  participation in the program, enrolled in the Federal Bureau of
  756  Investigation’s national retained print arrest notification
  757  program. Any arrest record identified must shall be reported to
  758  the department.
  759         Section 7. Paragraph (c) of subsection (2) of section
  760  456.0145, Florida Statutes, is amended to read:
  761         456.0145 Mobile Opportunity by Interstate Licensure
  762  Endorsement (MOBILE) Act.—
  763         (2) LICENSURE BY ENDORSEMENT.—
  764         (c) A person is ineligible for a license under this section
  765  if he or she:
  766         1. Has a complaint, an allegation, or an investigation
  767  pending before a licensing entity in another state, the District
  768  of Columbia, or a possession or territory of the United States;
  769         2. Has been convicted of or pled nolo contendere to,
  770  regardless of adjudication, any felony or misdemeanor related to
  771  the practice of a health care profession;
  772         3. Has had a health care provider license revoked or
  773  suspended by another state, the District of Columbia, or a
  774  territory of the United States, or has voluntarily surrendered
  775  any such license in lieu of having disciplinary action taken
  776  against the license; or
  777         4. Has been reported to the National Practitioner Data
  778  Bank, unless the applicant has successfully appealed to have his
  779  or her name removed from the data bank. If the reported adverse
  780  action was a result of conduct that would not constitute a
  781  violation of any law or rule in this state, the board, or the
  782  department if there is no board, may:
  783         a.Approve the application;
  784         b.Approve the application with restrictions on the scope
  785  of practice of the licensee;
  786         c.Approve the application with placement of the licensee
  787  on probation for a period of time and subject to such conditions
  788  as the board, or the department if there is no board, may
  789  specify, including, but not limited to, requiring the applicant
  790  to submit to treatment, attend continuing education courses, or
  791  submit to reexamination; or
  792         d.Deny the application.
  793         Section 8. Section 486.112, Florida Statutes, is amended to
  794  read:
  795         486.112 Physical Therapy Licensure Compact.—The Physical
  796  Therapy Licensure Compact is hereby enacted into law and entered
  797  into by this state with all other jurisdictions legally joining
  798  therein in the form substantially as follows:
  799  
  800                              ARTICLE I                            
  801                       PURPOSE AND OBJECTIVES                      
  802  
  803         (1) The purpose of the compact is to facilitate interstate
  804  practice of physical therapy with the goal of improving public
  805  access to physical therapy services. The compact preserves the
  806  regulatory authority of member states to protect public health
  807  and safety through their current systems of state licensure. For
  808  purposes of state regulation under the compact, the practice of
  809  physical therapy is deemed to have occurred in the state where
  810  the patient is located at the time physical therapy is provided
  811  to the patient.
  812         (2) The compact is designed to achieve all of the following
  813  objectives:
  814         (a) Increase public access to physical therapy services by
  815  providing for the mutual recognition of other member state
  816  licenses.
  817         (b) Enhance the states’ ability to protect the public’s
  818  health and safety.
  819         (c) Encourage the cooperation of member states in
  820  regulating multistate physical therapy practice.
  821         (d) Support spouses of relocating military members.
  822         (e) Enhance the exchange of licensure, investigative, and
  823  disciplinary information between member states.
  824         (f) Allow a remote state to hold a provider of services
  825  with a compact privilege in that state accountable to that
  826  state’s practice standards.
  827  
  828                             ARTICLE II                            
  829                             DEFINITIONS                           
  830  
  831         As used in the compact, and except as otherwise provided,
  832  the term:
  833         (1) “Active duty military” means full-time duty status in
  834  the active uniformed service of the United States, including
  835  members of the National Guard and Reserve on active duty orders
  836  pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
  837         (2) “Adverse action” means disciplinary action taken by a
  838  physical therapy licensing board based upon misconduct,
  839  unacceptable performance, or a combination of both.
  840         (3) “Alternative program” means a nondisciplinary
  841  monitoring or practice remediation process approved by a state’s
  842  physical therapy licensing board. The term includes, but is not
  843  limited to, programs that address substance abuse issues.
  844         (4) “Compact privilege” means the authorization granted by
  845  a remote state to allow a licensee from another member state to
  846  practice as a physical therapist or physical therapist assistant
  847  in the remote state under its laws and rules.
  848         (5) “Continuing competence” means a requirement, as a
  849  condition of license renewal, to provide evidence of
  850  participation in, and completion of, educational and
  851  professional activities relevant to the practice of physical
  852  therapy.
  853         (6) “Data system” means the coordinated database and
  854  reporting system created by the Physical Therapy Compact
  855  Commission for the exchange of information between member states
  856  relating to licensees or applicants under the compact, including
  857  identifying information, licensure data, investigative
  858  information, adverse actions, nonconfidential information
  859  related to alternative program participation, any denials of
  860  applications for licensure, and other information as specified
  861  by commission rule.
  862         (7) “Encumbered license” means a license that a physical
  863  therapy licensing board has limited in any way.
  864         (8) “Executive board” means a group of directors elected or
  865  appointed to act on behalf of, and within the powers granted to
  866  them by, the commission.
  867         (9) “Home state” means the member state that is the
  868  licensee’s primary state of residence.
  869         (10) “Investigative information” means information,
  870  records, and documents received or generated by a physical
  871  therapy licensing board pursuant to an investigation.
  872         (11) “Jurisprudence requirement” means the assessment of an
  873  individual’s knowledge of the laws and rules governing the
  874  practice of physical therapy in a specific state.
  875         (12) “Licensee” means an individual who currently holds an
  876  authorization from a state to practice as a physical therapist
  877  or physical therapist assistant.
  878         (13) “Member state” means a state that has enacted the
  879  compact.
  880         (14) “Party state” means any member state in which a
  881  licensee holds a current license or compact privilege or is
  882  applying for a license or compact privilege.
  883         (15) “Physical therapist” means an individual licensed by a
  884  state to practice physical therapy.
  885         (16)(15) “Physical therapist assistant” means an individual
  886  licensed by a state to assist a physical therapist in specified
  887  areas of physical therapy.
  888         (17)(16) “Physical therapy” or “the practice of physical
  889  therapy” means the care and services provided by or under the
  890  direction and supervision of a licensed physical therapist.
  891         (18)(17) “Physical Therapy Compact Commission” or
  892  “commission” means the national administrative body whose
  893  membership consists of all states that have enacted the compact.
  894         (19)(18) “Physical therapy licensing board” means the
  895  agency of a state which is responsible for the licensing and
  896  regulation of physical therapists and physical therapist
  897  assistants.
  898         (20)(19) “Remote state” means a member state other than the
  899  home state where a licensee is exercising or seeking to exercise
  900  the compact privilege.
  901         (21)(20) “Rule” means a regulation, principle, or directive
  902  adopted by the commission which has the force of law.
  903         (22)(21) “State” means any state, commonwealth, district,
  904  or territory of the United States of America which regulates the
  905  practice of physical therapy.
  906  
  907                             ARTICLE III                           
  908                 STATE PARTICIPATION IN THE COMPACT                
  909  
  910         (1) To participate in the compact, a state must do all of
  911  the following:
  912         (a) Participate fully in the commission’s data system,
  913  including using the commission’s unique identifier, as defined
  914  by commission rule.
  915         (b) Have a mechanism in place for receiving and
  916  investigating complaints about licensees.
  917         (c) Notify the commission, in accordance with the terms of
  918  the compact and rules, of any adverse action or the availability
  919  of investigative information regarding a licensee.
  920         (d) Fully implement a criminal background check
  921  requirement, within a timeframe established by commission rule,
  922  which uses results from the Federal Bureau of Investigation
  923  record search on criminal background checks to make licensure
  924  decisions in accordance with subsection (2).
  925         (e) Comply with the commission’s rules.
  926         (f) Use a recognized national examination as a requirement
  927  for licensure pursuant to the commission’s rules.
  928         (g) Have continuing competence requirements as a condition
  929  for license renewal.
  930         (2) Upon adoption of the compact, a member state has the
  931  authority to obtain biometric-based information from each
  932  licensee applying for a compact privilege and submit this
  933  information to the Federal Bureau of Investigation for a
  934  criminal background check in accordance with 28 U.S.C. s. 534
  935  and 34 U.S.C. s. 40316.
  936         (3) A member state must grant the compact privilege to a
  937  licensee holding a valid unencumbered license in another member
  938  state in accordance with the terms of the compact and rules.
  939  
  940                             ARTICLE IV                            
  941                          COMPACT PRIVILEGE                        
  942  
  943         (1) To exercise the compact privilege under the compact, a
  944  licensee must satisfy all of the following conditions:
  945         (a) Hold a license in the home state.
  946         (b) Not have an encumbrance on any state license.
  947         (c) Be eligible for a compact privilege in all member
  948  states in accordance with subsections (4), (7), and (8).
  949         (d) Not have had an adverse action against any license or
  950  compact privilege within the preceding 2 years.
  951         (e) Notify the commission that the licensee is seeking the
  952  compact privilege within a remote state.
  953         (f) Meet any jurisprudence requirements established by the
  954  remote state in which the licensee is seeking a compact
  955  privilege.
  956         (g) Report to the commission adverse action taken by any
  957  nonmember state within 30 days after the date the adverse action
  958  is taken.
  959         (2) The compact privilege is valid until the expiration
  960  date of the home license. The licensee must continue to meet the
  961  requirements of subsection (1) to maintain the compact privilege
  962  in a remote state.
  963         (3) A licensee providing physical therapy in a remote state
  964  under the compact privilege must comply with the laws and rules
  965  of the remote state.
  966         (4) A licensee providing physical therapy in a remote state
  967  is subject to that state’s regulatory authority. A remote state
  968  may, in accordance with due process and that state’s laws,
  969  remove a licensee’s compact privilege in the remote state for a
  970  specific period of time, impose fines, and take any other
  971  necessary actions to protect the health and safety of its
  972  citizens. The licensee is not eligible for a compact privilege
  973  in any member state until the specific period of time for
  974  removal has ended and all fines are paid.
  975         (5) If a home state license is encumbered, the licensee
  976  loses the compact privilege in any remote state until the
  977  following conditions are met:
  978         (a) The home state license is no longer encumbered.
  979         (b) Two years have elapsed from the date of the adverse
  980  action.
  981         (6) Once an encumbered license in the home state is
  982  restored to good standing, the licensee must meet the
  983  requirements of subsection (1) to obtain a compact privilege in
  984  any remote state.
  985         (7) If a licensee’s compact privilege in any remote state
  986  is removed, the licensee loses the compact privilege in all
  987  remote states until all of the following conditions are met:
  988         (a) The specific period of time for which the compact
  989  privilege was removed has ended.
  990         (b) All fines have been paid.
  991         (c) Two years have elapsed from the date of the adverse
  992  action.
  993         (8) Once the requirements of subsection (7) have been met,
  994  the licensee must meet the requirements of subsection (1) to
  995  obtain a compact privilege in a remote state.
  996  
  997                              ARTICLE V                            
  998                   ACTIVE DUTY MILITARY PERSONNEL                  
  999                          AND THEIR SPOUSES                        
 1000  
 1001         A licensee who is active duty military or is the spouse of
 1002  an individual who is active duty military may choose any of the
 1003  following locations to designate his or her home state:
 1004         (1) Home of record.
 1005         (2) Permanent change of station location.
 1006         (3) State of current residence, if it is different from the
 1007  home of record or permanent change of station location.
 1008  
 1009                             ARTICLE VI                            
 1010                           ADVERSE ACTIONS                         
 1011  
 1012         (1) A home state has exclusive power to impose adverse
 1013  action against a license issued by the home state.
 1014         (2) A home state may take adverse action based on the
 1015  investigative information of a remote state, so long as the home
 1016  state follows its own procedures for imposing adverse action.
 1017         (3) The compact does not override a member state’s decision
 1018  that participation in an alternative program may be used in lieu
 1019  of adverse action and that such participation remain nonpublic
 1020  if required by the member state’s laws. Member states must
 1021  require licensees who enter any alternative programs in lieu of
 1022  discipline to agree not to practice in any other member state
 1023  during the term of the alternative program without prior
 1024  authorization from such other member state.
 1025         (4) A member state may investigate actual or alleged
 1026  violations of the laws and rules for the practice of physical
 1027  therapy committed in any other member state by a physical
 1028  therapist or physical therapist assistant practicing under the
 1029  compact who holds a license or compact privilege in such other
 1030  member state.
 1031         (5) A remote state may do any of the following:
 1032         (a) Take adverse actions as set forth in subsection (4) of
 1033  Article IV against a licensee’s compact privilege in the state.
 1034         (b) Issue subpoenas for both hearings and investigations
 1035  which require the attendance and testimony of witnesses and the
 1036  production of evidence. Subpoenas issued by a physical therapy
 1037  licensing board in a party member state for the attendance and
 1038  testimony of witnesses or for the production of evidence from
 1039  another party member state must be enforced in the latter state
 1040  by any court of competent jurisdiction, according to the
 1041  practice and procedure of that court applicable to subpoenas
 1042  issued in proceedings pending before it. The issuing authority
 1043  shall pay any witness fees, travel expenses, mileage, and other
 1044  fees required by the service laws of the state where the
 1045  witnesses or evidence is located.
 1046         (c) If otherwise permitted by state law, recover from the
 1047  licensee the costs of investigations and disposition of cases
 1048  resulting from any adverse action taken against that licensee.
 1049         (6)(a) In addition to the authority granted to a member
 1050  state by its respective physical therapy practice act or other
 1051  applicable state law, a member state may participate with other
 1052  member states in joint investigations of licensees.
 1053         (b) Member states shall share any investigative,
 1054  litigation, or compliance materials in furtherance of any joint
 1055  or individual investigation initiated under the compact.
 1056  
 1057                             ARTICLE VII                           
 1058                        ESTABLISHMENT OF THE                       
 1059                 PHYSICAL THERAPY COMPACT COMMISSION               
 1060  
 1061         (1) COMMISSION CREATED.—The member states hereby create and
 1062  establish a joint public agency known as the Physical Therapy
 1063  Compact Commission:
 1064         (a) The commission is an instrumentality of the member
 1065  states.
 1066         (b) Venue is proper, and judicial proceedings by or against
 1067  the commission must be brought solely and exclusively, in a
 1068  court of competent jurisdiction where the principal office of
 1069  the commission is located. The commission may waive venue and
 1070  jurisdictional defenses to the extent it adopts or consents to
 1071  participate in alternative dispute resolution proceedings.
 1072         (c) The compact may not be construed to be a waiver of
 1073  sovereign immunity.
 1074         (2) MEMBERSHIP, VOTING, AND MEETINGS.—
 1075         (a) Each member state has and is limited to one delegate
 1076  selected by that member state’s physical therapy licensing board
 1077  to serve on the commission. The delegate must be a current
 1078  member of the physical therapy licensing board who is a physical
 1079  therapist, a physical therapist assistant, a public member, or
 1080  the board administrator.
 1081         (b) A delegate may be removed or suspended from office as
 1082  provided by the law of the state from which the delegate is
 1083  appointed. Any vacancy occurring on the commission must be
 1084  filled by the physical therapy licensing board of the member
 1085  state for which the vacancy exists.
 1086         (c) Each delegate is entitled to one vote with regard to
 1087  the adoption of rules and bylaws and shall otherwise have an
 1088  opportunity to participate in the business and affairs of the
 1089  commission.
 1090         (d) A delegate shall vote in person or by such other means
 1091  as provided in the bylaws. The bylaws may provide for delegates’
 1092  participation in meetings by telephone or other means of
 1093  communication.
 1094         (e) The commission shall meet at least once during each
 1095  calendar year. Additional meetings may be held as set forth in
 1096  the bylaws.
 1097         (f) All meetings must be open to the public, and public
 1098  notice of meetings must be given in the same manner as required
 1099  under the rulemaking provisions in Article IX.
 1100         (g) The commission or the executive board or other
 1101  committees of the commission may convene in a closed, nonpublic
 1102  meeting if the commission or executive board or other committees
 1103  of the commission must discuss any of the following:
 1104         1. Noncompliance of a member state with its obligations
 1105  under the compact.
 1106         2. The employment, compensation, or discipline of, or other
 1107  matters, practices, or procedures related to, specific employees
 1108  or other matters related to the commission’s internal personnel
 1109  practices and procedures.
 1110         3. Current, threatened, or reasonably anticipated
 1111  litigation against the commission, executive board, or other
 1112  committees of the commission.
 1113         4. Negotiation of contracts for the purchase, lease, or
 1114  sale of goods, services, or real estate.
 1115         5. An accusation of any person of a crime or a formal
 1116  censure of any person.
 1117         6. Information disclosing trade secrets or commercial or
 1118  financial information that is privileged or confidential.
 1119         7. Information of a personal nature where disclosure would
 1120  constitute a clearly unwarranted invasion of personal privacy.
 1121         8. Investigatory records compiled for law enforcement
 1122  purposes.
 1123         9. Information related to any investigative reports
 1124  prepared by or on behalf of or for use of the commission or
 1125  other committee charged with responsibility for investigation or
 1126  determination of compliance issues pursuant to the compact.
 1127         10. Matters specifically exempted from disclosure by
 1128  federal or member state statute.
 1129         (h) If a meeting, or portion of a meeting, is closed
 1130  pursuant to this subsection, the commission’s legal counsel or
 1131  designee must certify that the meeting may be closed and must
 1132  reference each relevant exempting provision.
 1133         (i) The commission shall keep minutes that fully and
 1134  clearly describe all matters discussed in a meeting and shall
 1135  provide a full and accurate summary of actions taken and the
 1136  reasons therefor, including a description of the views
 1137  expressed. All documents considered in connection with an action
 1138  must be identified in the minutes. All minutes and documents of
 1139  a closed meeting must remain under seal, subject to release only
 1140  by a majority vote of the commission or order of a court of
 1141  competent jurisdiction.
 1142         (3) DUTIES.—The commission shall do all of the following:
 1143         (a) Establish the fiscal year of the commission.
 1144         (b) Establish bylaws.
 1145         (c) Maintain its financial records in accordance with the
 1146  bylaws.
 1147         (d) Meet and take such actions as are consistent with the
 1148  provisions of the compact and the bylaws.
 1149         (4) POWERS.—The commission may do any of the following:
 1150         (a) Adopt uniform rules to facilitate and coordinate
 1151  implementation and administration of the compact. The rules have
 1152  the force and effect of law and are binding in all member
 1153  states.
 1154         (b) Bring and prosecute legal proceedings or actions in the
 1155  name of the commission, provided that the standing of any state
 1156  physical therapy licensing board to sue or be sued under
 1157  applicable law is not affected.
 1158         (c) Purchase and maintain insurance and bonds.
 1159         (d) Borrow, accept, or contract for services of personnel,
 1160  including, but not limited to, employees of a member state.
 1161         (e) Hire employees and elect or appoint officers; fix the
 1162  compensation of, define the duties of, and grant appropriate
 1163  authority to such individuals to carry out the purposes of the
 1164  compact; and establish the commission’s personnel policies and
 1165  programs relating to conflicts of interest, qualifications of
 1166  personnel, and other related personnel matters.
 1167         (f) Accept any appropriate donations and grants of money,
 1168  equipment, supplies, materials, and services and receive, use,
 1169  and dispose of the same, provided that at all times the
 1170  commission avoids any appearance of impropriety or conflict of
 1171  interest.
 1172         (g) Lease, purchase, accept appropriate gifts or donations
 1173  of, or otherwise own, hold, improve, or use any property, real,
 1174  personal, or mixed, provided that at all times the commission
 1175  avoids any appearance of impropriety or conflict of interest.
 1176         (h) Sell, convey, mortgage, pledge, lease, exchange,
 1177  abandon, or otherwise dispose of any property, real, personal,
 1178  or mixed.
 1179         (i) Establish a budget and make expenditures.
 1180         (j) Borrow money.
 1181         (k) Appoint committees, including standing committees
 1182  composed of members, state regulators, state legislators or
 1183  their representatives, and consumer representatives, and such
 1184  other interested persons as may be designated in the compact and
 1185  the bylaws.
 1186         (l) Provide information to, receive information from, and
 1187  cooperate with law enforcement agencies.
 1188         (m) Establish and elect an executive board.
 1189         (n) Perform such other functions as may be necessary or
 1190  appropriate to achieve the purposes of the compact consistent
 1191  with the state regulation of physical therapy licensure and
 1192  practice.
 1193         (5) THE EXECUTIVE BOARD.—
 1194         (a) The executive board may act on behalf of the commission
 1195  according to the terms of the compact.
 1196         (b) The executive board shall be composed of the following
 1197  nine members:
 1198         1. Seven voting members who are elected by the commission
 1199  from the current membership of the commission.
 1200         2. One ex officio, nonvoting member from the recognized
 1201  national physical therapy professional association.
 1202         3. One ex officio, nonvoting member from the recognized
 1203  membership organization of the physical therapy licensing
 1204  boards.
 1205         (c) The ex officio members shall be selected by their
 1206  respective organizations.
 1207         (d) The commission may remove any member of the executive
 1208  board as provided in its bylaws.
 1209         (e) The executive board shall meet at least annually.
 1210         (f) The executive board shall do all of the following:
 1211         1. Recommend to the entire commission changes to the rules
 1212  or bylaws, compact legislation, fees paid by compact member
 1213  states, such as annual dues, and any commission compact fee
 1214  charged to licensees for the compact privilege.
 1215         2. Ensure compact administration services are appropriately
 1216  provided, contractually or otherwise.
 1217         3. Prepare and recommend the budget.
 1218         4. Maintain financial records on behalf of the commission.
 1219         5. Monitor compact compliance of member states and provide
 1220  compliance reports to the commission.
 1221         6. Establish additional committees as necessary.
 1222         7. Perform other duties as provided in the rules or bylaws.
 1223         (6) FINANCING OF THE COMMISSION.—
 1224         (a) The commission shall pay, or provide for the payment
 1225  of, the reasonable expenses of its establishment, organization,
 1226  and ongoing activities.
 1227         (b) The commission may accept any appropriate revenue
 1228  sources, donations, and grants of money, equipment, supplies,
 1229  materials, and services.
 1230         (c) The commission may levy and collect an annual
 1231  assessment from each member state or impose fees on other
 1232  parties to cover the cost of the operations and activities of
 1233  the commission and its staff. Such assessments and fees must
 1234  total to an amount sufficient to cover the commission’s annual
 1235  budget as approved each year for which revenue is not provided
 1236  by other sources. The aggregate annual assessment amount must be
 1237  allocated based upon a formula to be determined by the
 1238  commission, which shall adopt a rule binding upon all member
 1239  states.
 1240         (d) The commission may not incur obligations of any kind
 1241  before securing the funds adequate to meet such obligations; nor
 1242  may the commission pledge the credit of any of the member
 1243  states, except by and with the authority of the member state.
 1244         (e) The commission shall keep accurate accounts of all
 1245  receipts and disbursements. The receipts and disbursements of
 1246  the commission are subject to the audit and accounting
 1247  procedures established under its bylaws. However, all receipts
 1248  and disbursements of funds handled by the commission must be
 1249  audited yearly by a certified or licensed public accountant, and
 1250  the report of the audit must be included in and become part of
 1251  the annual report of the commission.
 1252         (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
 1253         (a) The members, officers, executive director, employees,
 1254  and representatives of the commission are immune from suit and
 1255  liability, whether personally or in their official capacity, for
 1256  any claim for damage to or loss of property or personal injury
 1257  or other civil liability caused by or arising out of any actual
 1258  or alleged act, error, or omission that occurred, or that the
 1259  person against whom the claim is made had a reasonable basis for
 1260  believing occurred, within the scope of commission employment,
 1261  duties, or responsibilities. However, this paragraph may not be
 1262  construed to protect any such person from suit or liability for
 1263  any damage, loss, injury, or liability caused by the
 1264  intentional, willful, or wanton misconduct of that person.
 1265         (b) The commission shall defend any member, officer,
 1266  executive director, employee, or representative of the
 1267  commission in any civil action seeking to impose liability
 1268  arising out of any actual or alleged act, error, or omission
 1269  that occurred within the scope of commission employment, duties,
 1270  or responsibilities, or that the person against whom the claim
 1271  is made had a reasonable basis for believing occurred within the
 1272  scope of commission employment, duties, or responsibilities.
 1273  However, this subsection may not be construed to prohibit any
 1274  member, officer, executive director, employee, or representative
 1275  of the commission from retaining his or her own counsel or to
 1276  require the commission to defend such person if the actual or
 1277  alleged act, error, or omission resulted from that person’s
 1278  intentional, willful, or wanton misconduct.
 1279         (c) The commission shall indemnify and hold harmless any
 1280  member, officer, executive director, employee, or representative
 1281  of the commission for the amount of any settlement or judgment
 1282  obtained against that person arising out of any actual or
 1283  alleged act, error, or omission that occurred within the scope
 1284  of commission employment, duties, or responsibilities, or that
 1285  such person had a reasonable basis for believing occurred within
 1286  the scope of commission employment, duties, or responsibilities,
 1287  provided that the actual or alleged act, error, or omission did
 1288  not result from the intentional, willful, or wanton misconduct
 1289  of that person.
 1290  
 1291                            ARTICLE VIII                           
 1292                             DATA SYSTEM                           
 1293  
 1294         (1) The commission shall provide for the development,
 1295  maintenance, and use of a coordinated database and reporting
 1296  system containing licensure, adverse action, and investigative
 1297  information on all licensees in member states.
 1298         (2) Notwithstanding any other provision of state law to the
 1299  contrary, a member state shall submit a uniform data set to the
 1300  data system on all individuals to whom the compact is applicable
 1301  as required by the rules of the commission, which data set must
 1302  include all of the following:
 1303         (a) Identifying information.
 1304         (b) Licensure data.
 1305         (c) Investigative information.
 1306         (d) Adverse actions against a license or compact privilege.
 1307         (e) Nonconfidential information related to alternative
 1308  program participation.
 1309         (f) Any denial of application for licensure, and the reason
 1310  for such denial.
 1311         (g) Other information that may facilitate the
 1312  administration of the compact, as determined by the rules of the
 1313  commission.
 1314         (3) Investigative information in the system pertaining to a
 1315  licensee in any party member state must be available only to
 1316  other member states.
 1317         (4) The commission shall promptly notify all member states
 1318  of any adverse action taken against a licensee or an individual
 1319  applying for a license in a member state. Adverse action
 1320  information pertaining to a licensee in any member state must be
 1321  available to all other member states.
 1322         (5) Member states contributing information to the data
 1323  system may designate information that may not be shared with the
 1324  public without the express permission of the contributing state.
 1325         (6) Any information submitted to the data system which is
 1326  subsequently required to be expunged by the laws of the member
 1327  state contributing the information must be removed from the data
 1328  system.
 1329  
 1330                             ARTICLE IX                            
 1331                             RULEMAKING                            
 1332  
 1333         (1) The commission shall exercise its rulemaking powers
 1334  pursuant to the criteria set forth in this article and the rules
 1335  adopted thereunder. Rules and amendments become binding as of
 1336  the date specified in each rule or amendment.
 1337         (2) If a majority of the legislatures of the member states
 1338  rejects a rule by enactment of a statute or resolution in the
 1339  same manner used to adopt the compact within 4 years after the
 1340  date of adoption of the rule, such rule does not have further
 1341  force and effect in any member state.
 1342         (3) Rules or amendments to the rules must be adopted at a
 1343  regular or special meeting of the commission.
 1344         (4) Before adoption of a final rule by the commission, and
 1345  at least 30 days before the meeting at which the rule will be
 1346  considered and voted upon, the commission must file a notice of
 1347  proposed rulemaking on all of the following:
 1348         (a) The website of the commission or another publicly
 1349  accessible platform.
 1350         (b) The website of each member state physical therapy
 1351  licensing board or another publicly accessible platform or the
 1352  publication in which each state would otherwise publish proposed
 1353  rules.
 1354         (5) The notice of proposed rulemaking must include all of
 1355  the following:
 1356         (a) The proposed date, time, and location of the meeting in
 1357  which the rule or amendment will be considered and voted upon.
 1358         (b) The text of the proposed rule or amendment and the
 1359  reason for the proposed rule.
 1360         (c) A request for comments on the proposed rule or
 1361  amendment from any interested person.
 1362         (d) The manner in which interested persons may submit
 1363  notice to the commission of their intention to attend the public
 1364  hearing and any written comments.
 1365         (6) Before adoption of a proposed rule or amendment, the
 1366  commission must allow persons to submit written data, facts,
 1367  opinions, and arguments, which must be made available to the
 1368  public.
 1369         (7) The commission must grant an opportunity for a public
 1370  hearing before it adopts a rule or an amendment if a hearing is
 1371  requested by any of the following:
 1372         (a) At least 25 persons.
 1373         (b) A state or federal governmental subdivision or agency.
 1374         (c) An association having at least 25 members.
 1375         (8) If a scheduled public hearing is held on the proposed
 1376  rule or amendment, the commission must publish the date, time,
 1377  and location of the hearing. If the hearing is held through
 1378  electronic means, the commission must publish the mechanism for
 1379  access to the electronic hearing.
 1380         (a) All persons wishing to be heard at the hearing must
 1381  notify the executive director of the commission or another
 1382  designated member in writing of their desire to appear and
 1383  testify at the hearing at least 5 business days before the
 1384  scheduled date of the hearing.
 1385         (b) Hearings must be conducted in a manner providing each
 1386  person who wishes to comment a fair and reasonable opportunity
 1387  to comment orally or in writing.
 1388         (c) All hearings must be recorded. A copy of the recording
 1389  must be made available on request.
 1390         (d) This article may not be construed to require a separate
 1391  hearing on each rule. Rules may be grouped for the convenience
 1392  of the commission at hearings required by this article.
 1393         (9) Following the scheduled hearing date, or by the close
 1394  of business on the scheduled hearing date if the hearing was not
 1395  held, the commission shall consider all written and oral
 1396  comments received.
 1397         (10) If no written notice of intent to attend the public
 1398  hearing by interested parties is received, the commission may
 1399  proceed with adoption of the proposed rule without a public
 1400  hearing.
 1401         (11) The commission shall, by majority vote of all members,
 1402  take final action on the proposed rule and shall determine the
 1403  effective date of the rule, if any, based on the rulemaking
 1404  record and the full text of the rule.
 1405         (12) Upon determination that an emergency exists, the
 1406  commission may consider and adopt an emergency rule without
 1407  prior notice, opportunity for comment, or hearing, provided that
 1408  the usual rulemaking procedures provided in the compact and in
 1409  this article are retroactively applied to the rule as soon as
 1410  reasonably possible, in no event later than 90 days after the
 1411  effective date of the rule. For the purposes of this subsection,
 1412  an emergency rule is one that must be adopted immediately in
 1413  order to do any of the following:
 1414         (a) Meet an imminent threat to public health, safety, or
 1415  welfare.
 1416         (b) Prevent a loss of commission or member state funds.
 1417         (c) Meet a deadline for the adoption of an administrative
 1418  rule established by federal law or rule.
 1419         (d) Protect public health and safety.
 1420         (13) The commission or an authorized committee of the
 1421  commission may direct revisions to a previously adopted rule or
 1422  amendment for purposes of correcting typographical errors,
 1423  errors in format, errors in consistency, or grammatical errors.
 1424  Public notice of any revisions must be posted on the website of
 1425  the commission. The revision is subject to challenge by any
 1426  person for a period of 30 days after posting. The revision may
 1427  be challenged only on grounds that the revision results in a
 1428  material change to a rule. A challenge must be made in writing
 1429  and delivered to the chair of the commission before the end of
 1430  the notice period. If a challenge is not made, the revision
 1431  takes effect without further action. If the revision is
 1432  challenged, the revision may not take effect without the
 1433  approval of the commission.
 1434  
 1435                              ARTICLE X                            
 1436                   OVERSIGHT, DISPUTE RESOLUTION,                  
 1437                           AND ENFORCEMENT                         
 1438  
 1439         (1) OVERSIGHT.—
 1440         (a) The executive, legislative, and judicial branches of
 1441  state government in each member state shall enforce the compact
 1442  and take all actions necessary and appropriate to carry out the
 1443  compact’s purposes and intent. The provisions of the compact and
 1444  the rules adopted pursuant thereto shall have standing as
 1445  statutory law.
 1446         (b) All courts shall take judicial notice of the compact
 1447  and the rules in any judicial or administrative proceeding in a
 1448  member state pertaining to the subject matter of the compact
 1449  which may affect the powers, responsibilities, or actions of the
 1450  commission.
 1451         (c) The commission is entitled to receive service of
 1452  process in any such proceeding and has standing to intervene in
 1453  such a proceeding for all purposes. Failure to provide service
 1454  of process to the commission renders a judgment or an order void
 1455  as to the commission, the compact, or the adopted rules.
 1456         (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
 1457         (a) If the commission determines that a member state has
 1458  defaulted in the performance of its obligations or
 1459  responsibilities under the compact or the adopted rules, the
 1460  commission must do all of the following:
 1461         1. Provide written notice to the defaulting state and other
 1462  member states of the nature of the default, the proposed means
 1463  of curing the default, and any other action to be taken by the
 1464  commission.
 1465         2. Provide remedial training and specific technical
 1466  assistance regarding the default.
 1467         (b) If a state in default fails to cure the default, the
 1468  defaulting state may be terminated from the compact upon an
 1469  affirmative vote of a majority of the member states, and all
 1470  rights, privileges, and benefits conferred by the compact may be
 1471  terminated on the effective date of termination. A cure of the
 1472  default does not relieve the offending state of obligations or
 1473  liabilities incurred during the period of default.
 1474         (c) Termination of membership in the compact may be imposed
 1475  only after all other means of securing compliance have been
 1476  exhausted. The commission shall give notice of intent to suspend
 1477  or terminate a defaulting member state to the governor and
 1478  majority and minority leaders of the defaulting state’s
 1479  legislature and to each of the member states.
 1480         (d) A state that has been terminated from the compact is
 1481  responsible for all assessments, obligations, and liabilities
 1482  incurred through the effective date of termination, including
 1483  obligations that extend beyond the effective date of
 1484  termination.
 1485         (e) The commission does not bear any costs related to a
 1486  state that is found to be in default or that has been terminated
 1487  from the compact, unless agreed upon in writing between the
 1488  commission and the defaulting state.
 1489         (f) The defaulting state may appeal the action of the
 1490  commission by petitioning the United States District Court for
 1491  the District of Columbia or the federal district where the
 1492  commission has its principal offices. The prevailing member
 1493  shall be awarded all costs of such litigation, including
 1494  reasonable attorney fees.
 1495         (3) DISPUTE RESOLUTION.—
 1496         (a) Upon request by a member state, the commission must
 1497  attempt to resolve disputes related to the compact which arise
 1498  among member states and between member and nonmember states.
 1499         (b) The commission shall adopt a rule providing for both
 1500  mediation and binding dispute resolution for disputes as
 1501  appropriate.
 1502         (4) ENFORCEMENT.—
 1503         (a) The commission, in the reasonable exercise of its
 1504  discretion, shall enforce the compact and the commission’s
 1505  rules.
 1506         (b) By majority vote, the commission may initiate legal
 1507  action in the United States District Court for the District of
 1508  Columbia or the federal district where the commission has its
 1509  principal offices against a member state in default to enforce
 1510  compliance with the provisions of the compact and its adopted
 1511  rules and bylaws. The relief sought may include both injunctive
 1512  relief and damages. In the event judicial enforcement is
 1513  necessary, the prevailing member shall be awarded all costs of
 1514  such litigation, including reasonable attorney fees.
 1515         (c) The remedies under this article are not the exclusive
 1516  remedies of the commission. The commission may pursue any other
 1517  remedies available under federal or state law.
 1518  
 1519                             ARTICLE XI                            
 1520                    DATE OF IMPLEMENTATION OF THE                  
 1521                      PHYSICAL THERAPY COMPACT                     
 1522                        AND ASSOCIATED RULES;                      
 1523                     WITHDRAWAL; AND AMENDMENTS                    
 1524  
 1525         (1) The compact becomes effective on the date that the
 1526  compact statute is enacted into law in the tenth member state.
 1527  The provisions that become effective at that time are limited to
 1528  the powers granted to the commission relating to assembly and
 1529  the adoption of rules. Thereafter, the commission shall meet and
 1530  exercise rulemaking powers necessary for the implementation and
 1531  administration of the compact.
 1532         (2) Any state that joins the compact subsequent to the
 1533  commission’s initial adoption of the rules is subject to the
 1534  rules as they exist on the date that the compact becomes law in
 1535  that state. Any rule that has been previously adopted by the
 1536  commission has the full force and effect of law on the day the
 1537  compact becomes law in that state.
 1538         (3) Any member state may withdraw from the compact by
 1539  enacting a statute repealing the same.
 1540         (a) A member state’s withdrawal does not take effect until
 1541  6 months after enactment of the repealing statute.
 1542         (b) Withdrawal does not affect the continuing requirement
 1543  of the withdrawing state’s physical therapy licensing board to
 1544  comply with the investigative and adverse action reporting
 1545  requirements of this act before the effective date of
 1546  withdrawal.
 1547         (4) The compact may not be construed to invalidate or
 1548  prevent any physical therapy licensure agreement or other
 1549  cooperative arrangement between a member state and a nonmember
 1550  state which does not conflict with the provisions of the
 1551  compact.
 1552         (5) The compact may be amended by the member states. An
 1553  amendment to the compact does not become effective and binding
 1554  upon any member state until it is enacted into the laws of all
 1555  member states.
 1556  
 1557                             ARTICLE XII                           
 1558                    CONSTRUCTION AND SEVERABILITY                  
 1559  
 1560         The compact must be liberally construed so as to carry out
 1561  the purposes thereof. The provisions of the compact are
 1562  severable, and if any phrase, clause, sentence, or provision of
 1563  the compact is declared to be contrary to the constitution of
 1564  any party member state or of the United States or the
 1565  applicability thereof to any government, agency, person, or
 1566  circumstance is held invalid, the validity of the remainder of
 1567  the compact and the applicability thereof to any government,
 1568  agency, person, or circumstance is not affected thereby. If the
 1569  compact is held contrary to the constitution of any party member
 1570  state, the compact remains in full force and effect as to the
 1571  remaining party member states and in full force and effect as to
 1572  the party member state affected as to all severable matters.
 1573         Section 9. Paragraph (d) of subsection (3) of section
 1574  766.1115, Florida Statutes, is amended to read:
 1575         766.1115 Health care providers; creation of agency
 1576  relationship with governmental contractors.—
 1577         (3) DEFINITIONS.—As used in this section, the term:
 1578         (d) “Health care provider” or “provider” means:
 1579         1. A birth center licensed under chapter 383.
 1580         2. An ambulatory surgical center licensed under chapter
 1581  395.
 1582         3. A hospital licensed under chapter 395.
 1583         4. A physician or physician assistant licensed under
 1584  chapter 458.
 1585         5. An osteopathic physician or osteopathic physician
 1586  assistant licensed under chapter 459.
 1587         6. A chiropractic physician licensed under chapter 460.
 1588         7. A podiatric physician licensed under chapter 461.
 1589         8. A registered nurse, nurse midwife, licensed practical
 1590  nurse, or advanced practice registered nurse licensed or
 1591  registered under part I of chapter 464 or any facility which
 1592  employs nurses licensed or registered under part I of chapter
 1593  464 to supply all or part of the care delivered under this
 1594  section.
 1595         9. A midwife licensed under chapter 467.
 1596         10. A health maintenance organization certificated under
 1597  part I of chapter 641.
 1598         11. A health care professional association and its
 1599  employees or a corporate medical group and its employees.
 1600         12. Any other medical facility the primary purpose of which
 1601  is to deliver human medical diagnostic services or which
 1602  delivers nonsurgical human medical treatment, and which includes
 1603  an office maintained by a provider.
 1604         13. A dentist or dental hygienist licensed under chapter
 1605  466.
 1606         14. A free clinic that delivers only medical diagnostic
 1607  services or nonsurgical medical treatment free of charge to all
 1608  low-income recipients.
 1609         15. Any other health care professional, practitioner,
 1610  provider, or facility under contract with a governmental
 1611  contractor, including a student enrolled in an accredited
 1612  program that prepares the student for licensure as any one of
 1613  the professionals listed in subparagraphs 4.-9. and 13.
 1614  
 1615  The term includes any nonprofit corporation qualified as exempt
 1616  from federal income taxation under s. 501(a) of the Internal
 1617  Revenue Code, and described in s. 501(c) of the Internal Revenue
 1618  Code, which delivers health care services provided by licensed
 1619  professionals listed in this paragraph, any federally funded
 1620  community health center, and any volunteer corporation or
 1621  volunteer health care provider that delivers health care
 1622  services.
 1623         Section 10. Except as otherwise expressly provided in this
 1624  act and except for this section, which shall take effect upon
 1625  this act becoming a law, or, if this act fails to become a law
 1626  until after June 1, 2025, it shall take effect upon becoming a
 1627  law and shall operate retroactively to June 1, 2025, this act
 1628  shall take effect July 1, 2025.
 1629  
 1630  ================= T I T L E  A M E N D M E N T ================
 1631  And the title is amended as follows:
 1632         Delete everything before the enacting clause
 1633  and insert:
 1634                        A bill to be entitled                      
 1635         An act relating to the Department of Health;
 1636         reenacting ss. 381.00316(2)(g) and 381.00319(1)(e),
 1637         F.S., relating to the prohibition on discrimination by
 1638         governmental and business entities based on health
 1639         care choices and the prohibition on mask mandates and
 1640         vaccination and testing mandates for educational
 1641         institutions, respectively, for purposes of preserving
 1642         the definition of the term “messenger ribonucleic acid
 1643         vaccine” notwithstanding its scheduled repeal;
 1644         repealing s. 9 of chapter 2023-43, Laws of Florida,
 1645         which provides for the repeal of the definition of the
 1646         term “messenger ribonucleic acid vaccine”; amending s.
 1647         381.026, F.S.; revising the rights of patients, which
 1648         each health care provider and facility are required to
 1649         observe, to include that such facilities and providers
 1650         may not discriminate based on a patient’s vaccination
 1651         status; amending s. 381.986, F.S.; deleting the
 1652         requirement that all officers and board members of
 1653         medical marijuana treatment centers pass a background
 1654         screening; defining terms for purposes of background
 1655         screening requirements for persons affiliated with
 1656         medical marijuana treatment centers; requiring medical
 1657         marijuana treatment centers to notify the Department
 1658         of Health through electronic mail within a specified
 1659         timeframe after an actual or attempted theft,
 1660         diversion, or loss of marijuana; requiring medical
 1661         marijuana treatment centers to report attempted
 1662         thefts, in addition to actual thefts, to law
 1663         enforcement within a specified timeframe; amending s.
 1664         381.988, F.S.; defining terms for purposes of
 1665         background screening requirements for persons
 1666         affiliated with medical marijuana testing
 1667         laboratories; amending s. 456.0145, F.S.; revising
 1668         eligibility criteria for licensure by endorsement
 1669         under the MOBILE Act; amending s. 486.112, F.S.;
 1670         defining the term “party state”; authorizing a remote
 1671         state to issue subpoenas to individuals to testify or
 1672         for the production of evidence from a party located in
 1673         a party state; providing that such subpoenas are
 1674         enforceable in the party state; requiring that
 1675         investigative information in a certain system be
 1676         available to a licensee in any party state; revising
 1677         construction and severability of the compact to
 1678         conform to changes made by the act; amending s.
 1679         766.1115, F.S.; revising the definition of the term
 1680         “health care provider” or “provider”; providing
 1681         effective dates.