Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1270
Ì620726)Î620726
LEGISLATIVE ACTION
Senate . House
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Senator Collins moved 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, section 9 of chapter 2023-43,
8 Laws of Florida, is amended to read:
9 Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e),
10 Florida Statutes, as created by this act, are repealed June 1,
11 2027 2025.
12 Section 2. Effective upon becoming a law, or, if this act
13 fails to become a law until after June 1, 2025, operating
14 retroactively to June 1, 2025, paragraph (g) of subsection (2)
15 of section 381.00316, Florida Statutes, is reenacted to read:
16 381.00316 Discrimination by governmental and business
17 entities based on health care choices; prohibition.—
18 (2) As used in this section, the term:
19 (g) “Messenger ribonucleic acid vaccine” means any vaccine
20 that uses laboratory-produced messenger ribonucleic acid to
21 trigger the human body’s immune system to generate an immune
22 response.
23 Section 3. Effective upon becoming a law, or, if this act
24 fails to become a law until after June 1, 2025, operating
25 retroactively to June 1, 2025, paragraph (e) of subsection (1)
26 of section 381.00319, Florida Statutes, is reenacted to read:
27 381.00319 Prohibition on mask mandates and vaccination and
28 testing mandates for educational institutions.—
29 (1) For purposes of this section, the term:
30 (e) “Messenger ribonucleic acid vaccine” has the same
31 meaning as in s. 381.00316.
32 Section 4. Paragraphs (b) and (d) of subsection (4) and
33 subsection (6) of section 381.026, Florida Statutes, are amended
34 to read:
35 381.026 Florida Patient’s Bill of Rights and
36 Responsibilities.—
37 (4) RIGHTS OF PATIENTS.—Each health care facility or
38 provider shall observe the following standards:
39 (b) Information.—
40 1. A patient has the right to know the name, function, and
41 qualifications of each health care provider who is providing
42 medical services to the patient. A patient may request such
43 information from his or her responsible provider or the health
44 care facility in which he or she is receiving medical services.
45 2. A patient in a health care facility has the right to
46 know what patient support services are available in the
47 facility.
48 3. A patient has the right to be given by his or her health
49 care provider information concerning diagnosis, planned course
50 of treatment, alternatives, risks, and prognosis, unless it is
51 medically inadvisable or impossible to give this information to
52 the patient, in which case the information must be given to the
53 patient’s guardian or a person designated as the patient’s
54 representative. A patient has the right to refuse this
55 information.
56 4. A patient has the right to refuse any treatment based on
57 information required by this paragraph, except as otherwise
58 provided by law. The responsible provider shall document any
59 such refusal.
60 5. A patient in a health care facility has the right to
61 know what facility rules and regulations apply to patient
62 conduct.
63 6. A patient has the right to express grievances to a
64 health care provider, a health care facility, or the appropriate
65 state licensing agency regarding alleged violations of patients’
66 rights. A patient has the right to know the health care
67 provider’s or health care facility’s procedures for expressing a
68 grievance.
69 7. A patient in a health care facility who does not speak
70 English has the right to be provided an interpreter when
71 receiving medical services if the facility has a person readily
72 available who can interpret on behalf of the patient.
73 8. A health care provider or health care facility shall
74 respect a patient’s right to privacy and should refrain from
75 making a written inquiry or asking questions concerning the
76 ownership of a firearm or ammunition by the patient or by a
77 family member of the patient, or the presence of a firearm in a
78 private home or other domicile of the patient or a family member
79 of the patient. Notwithstanding this provision, a health care
80 provider or health care facility that in good faith believes
81 that this information is relevant to the patient’s medical care
82 or safety, or safety of others, may make such a verbal or
83 written inquiry.
84 9. A patient may decline to answer or provide any
85 information regarding ownership of a firearm by the patient or a
86 family member of the patient, or the presence of a firearm in
87 the domicile of the patient or a family member of the patient. A
88 patient’s decision not to answer a question relating to the
89 presence or ownership of a firearm does not alter existing law
90 regarding a physician’s authorization to choose his or her
91 patients.
92 10. A health care provider or health care facility may not
93 discriminate against a patient based solely upon the patient’s
94 exercise of the constitutional right to own and possess firearms
95 or ammunition.
96 11. A health care provider or health care facility shall
97 respect a patient’s legal right to own or possess a firearm and
98 should refrain from unnecessarily harassing a patient about
99 firearm ownership during an examination.
100 12. A health care provider or health care facility may not
101 discriminate against a patient based solely upon the patient’s
102 vaccination status.
103 (d) Access to health care.—
104 1. A patient has the right to impartial access to medical
105 treatment or accommodations, regardless of race, national
106 origin, religion, handicap, vaccination status, or source of
107 payment.
108 2. A patient has the right to treatment for any emergency
109 medical condition that will deteriorate from failure to provide
110 such treatment.
111 3. A patient has the right to access any mode of treatment
112 that is, in his or her own judgment and the judgment of his or
113 her health care practitioner, in the best interests of the
114 patient, including complementary or alternative health care
115 treatments, in accordance with the provisions of s. 456.41.
116 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
117 provider who treats a patient in an office or any health care
118 facility licensed under chapter 395 that provides emergency
119 services and care or outpatient services and care to a patient,
120 or admits and treats a patient, shall adopt and make available
121 to the patient, in writing, a statement of the rights and
122 responsibilities of patients, including the following:
123
124 SUMMARY OF THE FLORIDA PATIENT’S BILL
125 OF RIGHTS AND RESPONSIBILITIES
126
127 Florida law requires that your health care
128 provider or health care facility recognize your rights
129 while you are receiving medical care and that you
130 respect the health care provider’s or health care
131 facility’s right to expect certain behavior on the
132 part of patients. You may request a copy of the full
133 text of this law from your health care provider or
134 health care facility. A summary of your rights and
135 responsibilities follows:
136 A patient has the right to be treated with
137 courtesy and respect, with appreciation of his or her
138 individual dignity, and with protection of his or her
139 need for privacy.
140 A patient has the right to a prompt and
141 reasonable response to questions and requests.
142 A patient has the right to know who is providing
143 medical services and who is responsible for his or her
144 care.
145 A patient has the right to know what patient
146 support services are available, including whether an
147 interpreter is available if he or she does not speak
148 English.
149 A patient has the right to bring any person of
150 his or her choosing to the patient-accessible areas of
151 the health care facility or provider’s office to
152 accompany the patient while the patient is receiving
153 inpatient or outpatient treatment or is consulting
154 with his or her health care provider, unless doing so
155 would risk the safety or health of the patient, other
156 patients, or staff of the facility or office or cannot
157 be reasonably accommodated by the facility or
158 provider.
159 A patient has the right to know what rules and
160 regulations apply to his or her conduct.
161 A patient has the right to be given by the health
162 care provider information concerning diagnosis,
163 planned course of treatment, alternatives, risks, and
164 prognosis.
165 A patient has the right to refuse any treatment,
166 except as otherwise provided by law.
167 A patient has the right to be given, upon
168 request, full information and necessary counseling on
169 the availability of known financial resources for his
170 or her care.
171 A patient who is eligible for Medicare has the
172 right to know, upon request and in advance of
173 treatment, whether the health care provider or health
174 care facility accepts the Medicare assignment rate.
175 A patient has the right to receive, upon request,
176 prior to treatment, a reasonable estimate of charges
177 for medical care.
178 A patient has the right to receive a copy of a
179 reasonably clear and understandable, itemized bill
180 and, upon request, to have the charges explained.
181 A patient has the right to impartial access to
182 medical treatment or accommodations, regardless of
183 race, national origin, religion, handicap, vaccination
184 status, or source of payment.
185 A patient has the right to treatment for any
186 emergency medical condition that will deteriorate from
187 failure to provide treatment.
188 A patient has the right to know if medical
189 treatment is for purposes of experimental research and
190 to give his or her consent or refusal to participate
191 in such experimental research.
192 A patient has the right to express grievances
193 regarding any violation of his or her rights, as
194 stated in Florida law, through the grievance procedure
195 of the health care provider or health care facility
196 which served him or her and to the appropriate state
197 licensing agency.
198 A patient is responsible for providing to the
199 health care provider, to the best of his or her
200 knowledge, accurate and complete information about
201 present complaints, past illnesses, hospitalizations,
202 medications, and other matters relating to his or her
203 health.
204 A patient is responsible for reporting unexpected
205 changes in his or her condition to the health care
206 provider.
207 A patient is responsible for reporting to the
208 health care provider whether he or she comprehends a
209 contemplated course of action and what is expected of
210 him or her.
211 A patient is responsible for following the
212 treatment plan recommended by the health care
213 provider.
214 A patient is responsible for keeping appointments
215 and, when he or she is unable to do so for any reason,
216 for notifying the health care provider or health care
217 facility.
218 A patient is responsible for his or her actions
219 if he or she refuses treatment or does not follow the
220 health care provider’s instructions.
221 A patient is responsible for assuring that the
222 financial obligations of his or her health care are
223 fulfilled as promptly as possible.
224 A patient is responsible for following health
225 care facility rules and regulations affecting patient
226 care and conduct.
227
228 Section 5. Paragraphs (b), (e), and (f) of subsection (8)
229 of section 381.986, Florida Statutes, are amended to read:
230 381.986 Medical use of marijuana.—
231 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
232 (b) An applicant for licensure as a medical marijuana
233 treatment center must shall apply to the department on a form
234 prescribed by the department and adopted in rule. The department
235 shall adopt rules pursuant to ss. 120.536(1) and 120.54
236 establishing a procedure for the issuance and biennial renewal
237 of licenses, including initial application and biennial renewal
238 fees sufficient to cover the costs of implementing and
239 administering this section, and establishing supplemental
240 licensure fees for payment beginning May 1, 2018, sufficient to
241 cover the costs of administering ss. 381.989 and 1004.4351. The
242 department shall identify applicants with strong diversity plans
243 reflecting this state’s commitment to diversity and implement
244 training programs and other educational programs to enable
245 minority persons and minority business enterprises, as defined
246 in s. 288.703, and veteran business enterprises, as defined in
247 s. 295.187, to compete for medical marijuana treatment center
248 licensure and contracts. Subject to the requirements in
249 subparagraphs (a)2.-4., the department shall issue a license to
250 an applicant if the applicant meets the requirements of this
251 section and pays the initial application fee. The department
252 shall renew the licensure of a medical marijuana treatment
253 center biennially if the licensee meets the requirements of this
254 section and pays the biennial renewal fee. However, the
255 department may not renew the license of a medical marijuana
256 treatment center that has not begun to cultivate, process, and
257 dispense marijuana by the date that the medical marijuana
258 treatment center is required to renew its license. An individual
259 may not be an applicant, owner, officer, board member, or
260 manager on more than one application for licensure as a medical
261 marijuana treatment center. An individual or entity may not be
262 awarded more than one license as a medical marijuana treatment
263 center. An applicant for licensure as a medical marijuana
264 treatment center must demonstrate:
265 1. That, for the 5 consecutive years before submitting the
266 application, the applicant has been registered to do business in
267 this the state.
268 2. Possession of a valid certificate of registration issued
269 by the Department of Agriculture and Consumer Services pursuant
270 to s. 581.131.
271 3. The technical and technological ability to cultivate and
272 produce marijuana, including, but not limited to, low-THC
273 cannabis.
274 4. The ability to secure the premises, resources, and
275 personnel necessary to operate as a medical marijuana treatment
276 center.
277 5. The ability to maintain accountability of all raw
278 materials, finished products, and any byproducts to prevent
279 diversion or unlawful access to or possession of these
280 substances.
281 6. An infrastructure reasonably located to dispense
282 marijuana to registered qualified patients statewide or
283 regionally as determined by the department.
284 7. The financial ability to maintain operations for the
285 duration of the 2-year approval cycle, including the provision
286 of certified financial statements to the department.
287 a. Upon approval, the applicant must post a $5 million
288 performance bond issued by an authorized surety insurance
289 company rated in one of the three highest rating categories by a
290 nationally recognized rating service. However, a medical
291 marijuana treatment center serving at least 1,000 qualified
292 patients is only required to maintain a $2 million performance
293 bond.
294 b. In lieu of the performance bond required under sub
295 subparagraph a., the applicant may provide an irrevocable letter
296 of credit payable to the department or provide cash to the
297 department. If provided with cash under this sub-subparagraph,
298 the department must shall deposit the cash in the Grants and
299 Donations Trust Fund within the Department of Health, subject to
300 the same conditions as the bond regarding requirements for the
301 applicant to forfeit ownership of the funds. If the funds
302 deposited under this sub-subparagraph generate interest, the
303 amount of that interest must shall be used by the department for
304 the administration of this section.
305 8. That all owners, officers, board members, and managers
306 have passed a background screening pursuant to subsection (9).
307 As used in this subparagraph, the term:
308 a. “Manager” means any person with the authority to
309 exercise or contribute to the operational control, direction, or
310 management of an applicant or a medical marijuana treatment
311 center or who has authority to supervise any employee of an
312 applicant or a medical marijuana treatment center. The term
313 includes an individual with the power or authority to direct or
314 influence the direction or operation of an applicant or a
315 medical marijuana treatment center through board membership, an
316 agreement, or a contract.
317 b. “Owner” means any person who owns or controls a 5
318 percent or greater share of interests of the applicant or a
319 medical marijuana treatment center which include beneficial or
320 voting rights to interests. In the event that one person owns a
321 beneficial right to interests and another person holds the
322 voting rights with respect to such interests, then in such case,
323 both are considered the owner of such interests.
324 9. The employment of a medical director to supervise the
325 activities of the medical marijuana treatment center.
326 10. A diversity plan that promotes and ensures the
327 involvement of minority persons and minority business
328 enterprises, as defined in s. 288.703, or veteran business
329 enterprises, as defined in s. 295.187, in ownership, management,
330 and employment. An applicant for licensure renewal must show the
331 effectiveness of the diversity plan by including the following
332 with his or her application for renewal:
333 a. Representation of minority persons and veterans in the
334 medical marijuana treatment center’s workforce;
335 b. Efforts to recruit minority persons and veterans for
336 employment; and
337 c. A record of contracts for services with minority
338 business enterprises and veteran business enterprises.
339 (e) A licensed medical marijuana treatment center shall
340 cultivate, process, transport, and dispense marijuana for
341 medical use. A licensed medical marijuana treatment center may
342 not contract for services directly related to the cultivation,
343 processing, and dispensing of marijuana or marijuana delivery
344 devices, except that a medical marijuana treatment center
345 licensed pursuant to subparagraph (a)1. may contract with a
346 single entity for the cultivation, processing, transporting, and
347 dispensing of marijuana and marijuana delivery devices. A
348 licensed medical marijuana treatment center shall must, at all
349 times, maintain compliance with the criteria demonstrated and
350 representations made in the initial application and the criteria
351 established in this subsection. Upon request, the department may
352 grant a medical marijuana treatment center a variance from the
353 representations made in the initial application. Consideration
354 of such a request must shall be based upon the individual facts
355 and circumstances surrounding the request. A variance may not be
356 granted unless the requesting medical marijuana treatment center
357 can demonstrate to the department that it has a proposed
358 alternative to the specific representation made in its
359 application which fulfills the same or a similar purpose as the
360 specific representation in a way that the department can
361 reasonably determine will not be a lower standard than the
362 specific representation in the application. A variance may not
363 be granted from the requirements in subparagraph 2. and
364 subparagraphs (b)1. and 2.
365 1. A licensed medical marijuana treatment center may
366 transfer ownership to an individual or entity who meets the
367 requirements of this section. A publicly traded corporation or
368 publicly traded company that meets the requirements of this
369 section is not precluded from ownership of a medical marijuana
370 treatment center. To accommodate a change in ownership:
371 a. The licensed medical marijuana treatment center shall
372 notify the department in writing at least 60 days before the
373 anticipated date of the change of ownership.
374 b. The individual or entity applying for initial licensure
375 due to a change of ownership must submit an application that
376 must be received by the department at least 60 days before the
377 date of change of ownership.
378 c. Upon receipt of an application for a license, the
379 department shall examine the application and, within 30 days
380 after receipt, notify the applicant in writing of any apparent
381 errors or omissions and request any additional information
382 required.
383 d. Requested information omitted from an application for
384 licensure must be filed with the department within 21 days after
385 the department’s request for omitted information or the
386 application will shall be deemed incomplete and shall be
387 withdrawn from further consideration and the fees shall be
388 forfeited.
389 e. Within 30 days after the receipt of a complete
390 application, the department shall approve or deny the
391 application.
392 2. A medical marijuana treatment center, and any individual
393 or entity who directly or indirectly owns, controls, or holds
394 with power to vote 5 percent or more of the voting shares of a
395 medical marijuana treatment center, may not acquire direct or
396 indirect ownership or control of any voting shares or other form
397 of ownership of any other medical marijuana treatment center.
398 3. A medical marijuana treatment center may not enter into
399 any form of profit-sharing arrangement with the property owner
400 or lessor of any of its facilities where cultivation,
401 processing, storing, or dispensing of marijuana and marijuana
402 delivery devices occurs.
403 4. All employees of a medical marijuana treatment center
404 must be 21 years of age or older and have passed a background
405 screening pursuant to subsection (9). As used in this
406 subparagraph, the term “employee” means any person employed by a
407 medical marijuana treatment center licensee in any capacity,
408 including those whose duties involve any aspect of the
409 cultivation, processing, transportation, or dispensing of
410 marijuana. This requirement applies to all employees, regardless
411 of the compensation received.
412 5. Each medical marijuana treatment center must adopt and
413 enforce policies and procedures to ensure employees and
414 volunteers receive training on the legal requirements to
415 dispense marijuana to qualified patients.
416 6. When growing marijuana, a medical marijuana treatment
417 center:
418 a. May use pesticides determined by the department, after
419 consultation with the Department of Agriculture and Consumer
420 Services, to be safely applied to plants intended for human
421 consumption, but may not use pesticides designated as
422 restricted-use pesticides pursuant to s. 487.042.
423 b. Must grow marijuana within an enclosed structure and in
424 a room separate from any other plant.
425 c. Must inspect seeds and growing plants for plant pests
426 that endanger or threaten the horticultural and agricultural
427 interests of the state in accordance with chapter 581 and any
428 rules adopted thereunder.
429 d. Must perform fumigation or treatment of plants, or
430 remove and destroy infested or infected plants, in accordance
431 with chapter 581 and any rules adopted thereunder.
432 7. Each medical marijuana treatment center must produce and
433 make available for purchase at least one low-THC cannabis
434 product.
435 8. A medical marijuana treatment center that produces
436 edibles must hold a permit to operate as a food establishment
437 pursuant to chapter 500, the Florida Food Safety Act, and must
438 comply with all the requirements for food establishments
439 pursuant to chapter 500 and any rules adopted thereunder.
440 Edibles may not contain more than 200 milligrams of
441 tetrahydrocannabinol, and a single serving portion of an edible
442 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
443 may not have a potency variance of no greater than 15 percent.
444 Marijuana products, including edibles, may not be attractive to
445 children; be manufactured in the shape of humans, cartoons, or
446 animals; be manufactured in a form that bears any reasonable
447 resemblance to products available for consumption as
448 commercially available candy; or contain any color additives. To
449 discourage consumption of edibles by children, the department
450 shall determine by rule any shapes, forms, and ingredients
451 allowed and prohibited for edibles. Medical marijuana treatment
452 centers may not begin processing or dispensing edibles until
453 after the effective date of the rule. The department shall also
454 adopt sanitation rules providing the standards and requirements
455 for the storage, display, or dispensing of edibles.
456 9. Within 12 months after licensure, a medical marijuana
457 treatment center must demonstrate to the department that all of
458 its processing facilities have passed a Food Safety Good
459 Manufacturing Practices, such as Global Food Safety Initiative
460 or equivalent, inspection by a nationally accredited certifying
461 body. A medical marijuana treatment center must immediately stop
462 processing at any facility which fails to pass this inspection
463 until it demonstrates to the department that such facility has
464 met this requirement.
465 10. A medical marijuana treatment center that produces
466 prerolled marijuana cigarettes may not use wrapping paper made
467 with tobacco or hemp.
468 11. When processing marijuana, a medical marijuana
469 treatment center must:
470 a. Process the marijuana within an enclosed structure and
471 in a room separate from other plants or products.
472 b. Comply with department rules when processing marijuana
473 with hydrocarbon solvents or other solvents or gases exhibiting
474 potential toxicity to humans. The department shall determine by
475 rule the requirements for medical marijuana treatment centers to
476 use such solvents or gases exhibiting potential toxicity to
477 humans.
478 c. Comply with federal and state laws and regulations and
479 department rules for solid and liquid wastes. The department
480 shall determine by rule procedures for the storage, handling,
481 transportation, management, and disposal of solid and liquid
482 waste generated during marijuana production and processing. The
483 Department of Environmental Protection shall assist the
484 department in developing such rules.
485 d. Test the processed marijuana using a medical marijuana
486 testing laboratory before it is dispensed. Results must be
487 verified and signed by two medical marijuana treatment center
488 employees. Before dispensing, the medical marijuana treatment
489 center must determine that the test results indicate that low
490 THC cannabis meets the definition of low-THC cannabis, the
491 concentration of tetrahydrocannabinol meets the potency
492 requirements of this section, the labeling of the concentration
493 of tetrahydrocannabinol and cannabidiol is accurate, and all
494 marijuana is safe for human consumption and free from
495 contaminants that are unsafe for human consumption. The
496 department shall determine by rule which contaminants must be
497 tested for and the maximum levels of each contaminant which are
498 safe for human consumption. The Department of Agriculture and
499 Consumer Services shall assist the department in developing the
500 testing requirements for contaminants that are unsafe for human
501 consumption in edibles. The department shall also determine by
502 rule the procedures for the treatment of marijuana that fails to
503 meet the testing requirements of this section, s. 381.988, or
504 department rule. The department may select samples of marijuana
505 from a medical marijuana treatment center facility which shall
506 be tested by the department to determine whether the marijuana
507 meets the potency requirements of this section, is safe for
508 human consumption, and is accurately labeled with the
509 tetrahydrocannabinol and cannabidiol concentration or to verify
510 the result of marijuana testing conducted by a marijuana testing
511 laboratory. The department may also select samples of marijuana
512 delivery devices from a medical marijuana treatment center to
513 determine whether the marijuana delivery device is safe for use
514 by qualified patients. A medical marijuana treatment center may
515 not require payment from the department for the sample. A
516 medical marijuana treatment center must recall marijuana,
517 including all marijuana and marijuana products made from the
518 same batch of marijuana, that fails to meet the potency
519 requirements of this section, that is unsafe for human
520 consumption, or for which the labeling of the
521 tetrahydrocannabinol and cannabidiol concentration is
522 inaccurate. The department shall adopt rules to establish
523 marijuana potency variations of no greater than 15 percent using
524 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
525 for, but is not limited to, time lapses between testing, testing
526 methods, testing instruments, and types of marijuana sampled for
527 testing. The department may not issue any recalls for product
528 potency as it relates to product labeling before issuing a rule
529 relating to potency variation standards. A medical marijuana
530 treatment center must also recall all marijuana delivery devices
531 determined to be unsafe for use by qualified patients. The
532 medical marijuana treatment center must retain records of all
533 testing and samples of each homogeneous batch of marijuana for
534 at least 9 months. The medical marijuana treatment center must
535 contract with a marijuana testing laboratory to perform audits
536 on the medical marijuana treatment center’s standard operating
537 procedures, testing records, and samples and provide the results
538 to the department to confirm that the marijuana or low-THC
539 cannabis meets the requirements of this section and that the
540 marijuana or low-THC cannabis is safe for human consumption. A
541 medical marijuana treatment center shall reserve two processed
542 samples from each batch and retain such samples for at least 9
543 months for the purpose of such audits. A medical marijuana
544 treatment center may use a laboratory that has not been
545 certified by the department under s. 381.988 until such time as
546 at least one laboratory holds the required certification, but in
547 no event later than July 1, 2018.
548 e. Package the marijuana in compliance with the United
549 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
550 1471 et seq.
551 f. Package the marijuana in a receptacle that has a firmly
552 affixed and legible label stating the following information:
553 (I) The marijuana or low-THC cannabis meets the
554 requirements of sub-subparagraph d.
555 (II) The name of the medical marijuana treatment center
556 from which the marijuana originates.
557 (III) The batch number and harvest number from which the
558 marijuana originates and the date dispensed.
559 (IV) The name of the physician who issued the physician
560 certification.
561 (V) The name of the patient.
562 (VI) The product name, if applicable, and dosage form,
563 including concentration of tetrahydrocannabinol and cannabidiol.
564 The product name may not contain wording commonly associated
565 with products that are attractive to children or which promote
566 the recreational use of marijuana.
567 (VII) The recommended dose.
568 (VIII) A warning that it is illegal to transfer medical
569 marijuana to another person.
570 (IX) A marijuana universal symbol developed by the
571 department.
572 12. The medical marijuana treatment center shall include in
573 each package a patient package insert with information on the
574 specific product dispensed related to:
575 a. Clinical pharmacology.
576 b. Indications and use.
577 c. Dosage and administration.
578 d. Dosage forms and strengths.
579 e. Contraindications.
580 f. Warnings and precautions.
581 g. Adverse reactions.
582 13. In addition to the packaging and labeling requirements
583 specified in subparagraphs 11. and 12., marijuana in a form for
584 smoking must be packaged in a sealed receptacle with a legible
585 and prominent warning to keep away from children and a warning
586 that states marijuana smoke contains carcinogens and may
587 negatively affect health. Such receptacles for marijuana in a
588 form for smoking must be plain, opaque, and white without
589 depictions of the product or images other than the medical
590 marijuana treatment center’s department-approved logo and the
591 marijuana universal symbol.
592 14. The department shall adopt rules to regulate the types,
593 appearance, and labeling of marijuana delivery devices dispensed
594 from a medical marijuana treatment center. The rules must
595 require marijuana delivery devices to have an appearance
596 consistent with medical use.
597 15. Each edible must be individually sealed in plain,
598 opaque wrapping marked only with the marijuana universal symbol.
599 Where practical, each edible must be marked with the marijuana
600 universal symbol. In addition to the packaging and labeling
601 requirements in subparagraphs 11. and 12., edible receptacles
602 must be plain, opaque, and white without depictions of the
603 product or images other than the medical marijuana treatment
604 center’s department-approved logo and the marijuana universal
605 symbol. The receptacle must also include a list of all the
606 edible’s ingredients, storage instructions, an expiration date,
607 a legible and prominent warning to keep away from children and
608 pets, and a warning that the edible has not been produced or
609 inspected pursuant to federal food safety laws.
610 16. When dispensing marijuana or a marijuana delivery
611 device, a medical marijuana treatment center:
612 a. May dispense any active, valid order for low-THC
613 cannabis, medical cannabis and cannabis delivery devices issued
614 pursuant to former s. 381.986, Florida Statutes 2016, which was
615 entered into the medical marijuana use registry before July 1,
616 2017.
617 b. May not dispense more than a 70-day supply of marijuana
618 within any 70-day period to a qualified patient or caregiver.
619 May not dispense more than one 35-day supply of marijuana in a
620 form for smoking within any 35-day period to a qualified patient
621 or caregiver. A 35-day supply of marijuana in a form for smoking
622 may not exceed 2.5 ounces unless an exception to this amount is
623 approved by the department pursuant to paragraph (4)(f).
624 c. Must have the medical marijuana treatment center’s
625 employee who dispenses the marijuana or a marijuana delivery
626 device enter into the medical marijuana use registry his or her
627 name or unique employee identifier.
628 d. Must verify that the qualified patient and the
629 caregiver, if applicable, each have an active registration in
630 the medical marijuana use registry and an active and valid
631 medical marijuana use registry identification card, the amount
632 and type of marijuana dispensed matches the physician
633 certification in the medical marijuana use registry for that
634 qualified patient, and the physician certification has not
635 already been filled.
636 e. May not dispense marijuana to a qualified patient who is
637 younger than 18 years of age. If the qualified patient is
638 younger than 18 years of age, marijuana may only be dispensed to
639 the qualified patient’s caregiver.
640 f. May not dispense or sell any other type of cannabis,
641 alcohol, or illicit drug-related product, including pipes or
642 wrapping papers made with tobacco or hemp, other than a
643 marijuana delivery device required for the medical use of
644 marijuana and which is specified in a physician certification.
645 g. Must, upon dispensing the marijuana or marijuana
646 delivery device, record in the registry the date, time,
647 quantity, and form of marijuana dispensed; the type of marijuana
648 delivery device dispensed; and the name and medical marijuana
649 use registry identification number of the qualified patient or
650 caregiver to whom the marijuana delivery device was dispensed.
651 h. Must ensure that patient records are not visible to
652 anyone other than the qualified patient, his or her caregiver,
653 and authorized medical marijuana treatment center employees.
654 (f) To ensure the safety and security of premises where the
655 cultivation, processing, storing, or dispensing of marijuana
656 occurs, and to maintain adequate controls against the diversion,
657 theft, and loss of marijuana or marijuana delivery devices, a
658 medical marijuana treatment center shall:
659 1.a. Maintain a fully operational security alarm system
660 that secures all entry points and perimeter windows and is
661 equipped with motion detectors; pressure switches; and duress,
662 panic, and hold-up alarms; and
663 b. Maintain a video surveillance system that records
664 continuously 24 hours a day and meets the following criteria:
665 (I) Cameras are fixed in a place that allows for the clear
666 identification of persons and activities in controlled areas of
667 the premises. Controlled areas include grow rooms, processing
668 rooms, storage rooms, disposal rooms or areas, and point-of-sale
669 rooms.
670 (II) Cameras are fixed in entrances and exits to the
671 premises, which must shall record from both indoor and outdoor,
672 or ingress and egress, vantage points.
673 (III) Recorded images must clearly and accurately display
674 the time and date.
675 (IV) Retain video surveillance recordings for at least 45
676 days or longer upon the request of a law enforcement agency.
677 2. Ensure that the medical marijuana treatment center’s
678 outdoor premises have sufficient lighting from dusk until dawn.
679 3. Ensure that the indoor premises where dispensing occurs
680 includes a waiting area with sufficient space and seating to
681 accommodate qualified patients and caregivers and at least one
682 private consultation area that is isolated from the waiting area
683 and area where dispensing occurs. A medical marijuana treatment
684 center may not display products or dispense marijuana or
685 marijuana delivery devices in the waiting area.
686 4. Not dispense from its premises marijuana or a marijuana
687 delivery device between the hours of 9 p.m. and 7 a.m., but may
688 perform all other operations and deliver marijuana to qualified
689 patients 24 hours a day.
690 5. Store marijuana in a secured, locked room or a vault.
691 6. Require at least two of its employees, or two employees
692 of a security agency with whom it contracts, to be on the
693 premises at all times where cultivation, processing, or storing
694 of marijuana occurs.
695 7. Require each employee or contractor to wear a photo
696 identification badge at all times while on the premises.
697 8. Require each visitor to wear a visitor pass at all times
698 while on the premises.
699 9. Implement an alcohol and drug-free workplace policy.
700 10. Report to local law enforcement and notify the
701 department through e-mail within 24 hours after the medical
702 marijuana treatment center is notified or becomes aware of any
703 actual or attempted the theft, diversion, or loss of marijuana.
704 Section 6. Paragraph (d) of subsection (1) of section
705 381.988, Florida Statutes, is amended to read:
706 381.988 Medical marijuana testing laboratories; marijuana
707 tests conducted by a certified laboratory.—
708 (1) A person or entity seeking to be a certified marijuana
709 testing laboratory must:
710 (d) Require all employees, owners, and managers to submit
711 to and pass a level 2 background screening pursuant to chapter
712 435. The department shall deny certification if the person or
713 entity seeking certification has a disqualifying offense as
714 provided in s. 435.04 or has an arrest awaiting final
715 disposition for, has been found guilty of, or has entered a plea
716 of guilty or nolo contendere to, regardless of adjudication, any
717 offense listed in chapter 837, chapter 895, or chapter 896 or
718 similar law of another jurisdiction. Exemptions from
719 disqualification as provided under s. 435.07 do not apply to
720 this paragraph.
721 1. As used in this paragraph, the term:
722 a. “Employee” means any person whose duties or activities
723 involve any aspect of regulatory compliance testing or research
724 and development testing of marijuana for a certified marijuana
725 testing laboratory, regardless of whether such person is
726 compensated for his or her work.
727 b. “Manager” means any person with authority to exercise or
728 contribute to the operational control, direction, or management
729 of an applicant or certified marijuana testing laboratory or who
730 has authority to supervise any employee of an applicant or a
731 certified marijuana testing laboratory. The term includes an
732 individual with the power or authority to direct or influence
733 the direction or operation of an applicant or a certified
734 marijuana testing laboratory through board membership, an
735 agreement, or a contract.
736 c. “Owner” means any person who owns or controls a 5
737 percent or greater share of interests of the applicant or a
738 certified marijuana testing laboratory which include beneficial
739 or voting rights to interests. In the event that one person owns
740 a beneficial right to interests and another person holds the
741 voting rights with respect to such interests, then in such case,
742 both are considered the owner of such interests.
743 2. Such employees, owners, and managers must submit a full
744 set of fingerprints to the department or to a vendor, entity, or
745 agency authorized by s. 943.053(13). The department, vendor,
746 entity, or agency shall forward the fingerprints to the
747 Department of Law Enforcement for state processing, and the
748 Department of Law Enforcement shall forward the fingerprints to
749 the Federal Bureau of Investigation for national processing.
750 3.2. Fees for state and federal fingerprint processing and
751 retention must shall be borne by the certified marijuana testing
752 laboratory. The state cost for fingerprint processing is shall
753 be as provided in s. 943.053(3)(e) for records provided to
754 persons or entities other than those specified as exceptions
755 therein.
756 4.3. Fingerprints submitted to the Department of Law
757 Enforcement pursuant to this paragraph must shall be retained by
758 the Department of Law Enforcement as provided in s. 943.05(2)(g)
759 and (h) and, when the Department of Law Enforcement begins
760 participation in the program, enrolled in the Federal Bureau of
761 Investigation’s national retained print arrest notification
762 program. Any arrest record identified must shall be reported to
763 the department.
764 Section 7. Paragraphs (a) and (c) of subsection (2) of
765 section 456.0145, Florida Statutes, are amended to read:
766 456.0145 Mobile Opportunity by Interstate Licensure
767 Endorsement (MOBILE) Act.—
768 (2) LICENSURE BY ENDORSEMENT.—
769 (a) An applicable board, or the department if there is no
770 board, shall issue a license to practice in this state to an
771 applicant who meets all of the following criteria:
772 1. Submits a complete application.
773 2. Holds an active, unencumbered license issued by another
774 state, the District of Columbia, or a territory of the United
775 States in a profession with a similar scope of practice, as
776 determined by the board or department, as applicable. The term
777 “scope of practice” means the full spectrum of functions,
778 procedures, actions, and services that a health care
779 practitioner is deemed competent and authorized to perform under
780 a license issued in this state.
781 3.a. Has obtained a passing score on a national licensure
782 examination or holds a national certification recognized by the
783 board, or the department if there is no board, as applicable to
784 the profession for which the applicant is seeking licensure in
785 this state; or
786 b. Meets the requirements of paragraph (b).
787 4. Has actively practiced the profession for which the
788 applicant is applying for at least 2 3 years during the 4-year
789 period immediately preceding the date of submission of the
790 application.
791 5. Attests that he or she is not, at the time of submission
792 of the application, the subject of a disciplinary proceeding in
793 a jurisdiction in which he or she holds a license or by the
794 United States Department of Defense for reasons related to the
795 practice of the profession for which he or she is applying.
796 6. Has not had disciplinary action taken against him or her
797 in the 5 years immediately preceding the date of submission of
798 the application.
799 7. Meets the financial responsibility requirements of s.
800 456.048 or the applicable practice act, if required for the
801 profession for which the applicant is seeking licensure.
802 8. Submits a set of fingerprints for a background screening
803 pursuant to s. 456.0135, if required for the profession for
804 which he or she is applying.
805
806 The department shall verify information submitted by the
807 applicant under this subsection using the National Practitioner
808 Data Bank, as applicable.
809 (c) A person is ineligible for a license under this section
810 if he or she:
811 1. Has a complaint, an allegation, or an investigation
812 pending before a licensing entity in another state, the District
813 of Columbia, or a possession or territory of the United States;
814 2. Has been convicted of or pled nolo contendere to,
815 regardless of adjudication, any felony or misdemeanor related to
816 the practice of a health care profession;
817 3. Has had a health care provider license revoked or
818 suspended by another state, the District of Columbia, or a
819 territory of the United States, or has voluntarily surrendered
820 any such license in lieu of having disciplinary action taken
821 against the license; or
822 4. Has been reported to the National Practitioner Data
823 Bank, unless the applicant has successfully appealed to have his
824 or her name removed from the data bank. If the reported adverse
825 action was a result of conduct that would not constitute a
826 violation of any law or rule in this state, the board, or the
827 department if there is no board, may:
828 a. Approve the application;
829 b. Approve the application with restrictions on the scope
830 of practice of the licensee;
831 c. Approve the application with placement of the licensee
832 on probation for a period of time and subject to such conditions
833 as the board, or the department if there is no board, may
834 specify, including, but not limited to, requiring the applicant
835 to submit to treatment, attend continuing education courses, or
836 submit to reexamination; or
837 d. Deny the application.
838 Section 8. Paragraph (d) of subsection (1) and subsection
839 (3) of section 456.44, Florida Statutes, are amended to read:
840 456.44 Controlled substance prescribing.—
841 (1) DEFINITIONS.—As used in this section, the term:
842 (d) “Board-certified pain management physician” means a
843 physician who possesses board certification in pain medicine by
844 the American Board of Pain Medicine, board certification by the
845 American Board of Interventional Pain Physicians, or board
846 certification or subcertification in pain management or pain
847 medicine by a specialty board recognized by the American Board
848 of Physician Specialties American Association of Physician
849 Specialists or the American Board of Medical Specialties or an
850 osteopathic physician who holds a certificate in Pain Management
851 by the American Osteopathic Association.
852 (3) STANDARDS OF PRACTICE FOR TREATMENT OF CHRONIC
853 NONMALIGNANT PAIN.—The standards of practice in this section do
854 not supersede the level of care, skill, and treatment recognized
855 in general law related to health care licensure.
856 (a) A complete medical history and a physical examination
857 must be conducted before beginning any treatment and must be
858 documented in the medical record. The exact components of the
859 physical examination shall be left to the judgment of the
860 registrant who is expected to perform a physical examination
861 proportionate to the diagnosis that justifies a treatment. The
862 medical record must, at a minimum, document the nature and
863 intensity of the pain, current and past treatments for pain,
864 underlying or coexisting diseases or conditions, the effect of
865 the pain on physical and psychological function, a review of
866 previous medical records, previous diagnostic studies, and
867 history of alcohol and substance abuse. The medical record shall
868 also document the presence of one or more recognized medical
869 indications for the use of a controlled substance. Each
870 registrant must develop a written plan for assessing each
871 patient’s risk of aberrant drug-related behavior, which may
872 include patient drug testing. Registrants must assess each
873 patient’s risk for aberrant drug-related behavior and monitor
874 that risk on an ongoing basis in accordance with the plan.
875 (b) Each registrant must develop a written individualized
876 treatment plan for each patient. The treatment plan shall state
877 objectives that will be used to determine treatment success,
878 such as pain relief and improved physical and psychosocial
879 function, and shall indicate if any further diagnostic
880 evaluations or other treatments are planned. After treatment
881 begins, the registrant shall adjust drug therapy to the
882 individual medical needs of each patient. Other treatment
883 modalities, including a rehabilitation program, shall be
884 considered depending on the etiology of the pain and the extent
885 to which the pain is associated with physical and psychosocial
886 impairment. The interdisciplinary nature of the treatment plan
887 shall be documented.
888 (c) The registrant shall discuss the risks and benefits of
889 the use of controlled substances, including the risks of abuse
890 and addiction, as well as physical dependence and its
891 consequences, with the patient, persons designated by the
892 patient, or the patient’s surrogate or guardian if the patient
893 is incompetent. The registrant shall use a written controlled
894 substance agreement between the registrant and the patient
895 outlining the patient’s responsibilities, including, but not
896 limited to:
897 1. Number and frequency of controlled substance
898 prescriptions and refills.
899 2. Patient compliance and reasons for which drug therapy
900 may be discontinued, such as a violation of the agreement.
901 3. An agreement that controlled substances for the
902 treatment of chronic nonmalignant pain shall be prescribed by a
903 single treating registrant unless otherwise authorized by the
904 treating registrant and documented in the medical record.
905 (d) The patient shall be seen by the registrant at regular
906 intervals, not to exceed 3 months, to assess the efficacy of
907 treatment, ensure that controlled substance therapy remains
908 indicated, evaluate the patient’s progress toward treatment
909 objectives, consider adverse drug effects, and review the
910 etiology of the pain. Continuation or modification of therapy
911 shall depend on the registrant’s evaluation of the patient’s
912 progress. If treatment goals are not being achieved, despite
913 medication adjustments, the registrant shall reevaluate the
914 appropriateness of continued treatment. The registrant shall
915 monitor patient compliance in medication usage, related
916 treatment plans, controlled substance agreements, and
917 indications of substance abuse or diversion at a minimum of 3
918 month intervals.
919 (e) The registrant shall refer the patient as necessary for
920 additional evaluation and treatment in order to achieve
921 treatment objectives. Special attention shall be given to those
922 patients who are at risk for misusing their medications and
923 those whose living arrangements pose a risk for medication
924 misuse or diversion. The management of pain in patients with a
925 history of substance abuse or with a comorbid psychiatric
926 disorder requires extra care, monitoring, and documentation and
927 requires consultation with or referral to an addiction medicine
928 specialist or a psychiatrist.
929 (f) A registrant must maintain accurate, current, and
930 complete records that are accessible and readily available for
931 review and comply with the requirements of this section, the
932 applicable practice act, and applicable board rules. The medical
933 records must include, but are not limited to:
934 1. The complete medical history and a physical examination,
935 including history of drug abuse or dependence.
936 2. Diagnostic, therapeutic, and laboratory results.
937 3. Evaluations and consultations.
938 4. Treatment objectives.
939 5. Discussion of risks and benefits.
940 6. Treatments.
941 7. Medications, including date, type, dosage, and quantity
942 prescribed.
943 8. Instructions and agreements.
944 9. Periodic reviews.
945 10. Results of any drug testing.
946 11. A photocopy of the patient’s government-issued photo
947 identification.
948 12. If a written prescription for a controlled substance is
949 given to the patient, a duplicate of the prescription.
950 13. The registrant’s full name presented in a legible
951 manner.
952 (g) A registrant shall immediately refer patients with
953 signs or symptoms of substance abuse to a board-certified pain
954 management physician, an addiction medicine specialist, or a
955 mental health addiction facility as it pertains to drug abuse or
956 addiction unless the registrant is a physician who is board
957 certified or board-eligible in pain management. Throughout the
958 period of time before receiving the consultant’s report, a
959 prescribing registrant shall clearly and completely document
960 medical justification for continued treatment with controlled
961 substances and those steps taken to ensure medically appropriate
962 use of controlled substances by the patient. Upon receipt of the
963 consultant’s written report, the prescribing registrant shall
964 incorporate the consultant’s recommendations for continuing,
965 modifying, or discontinuing controlled substance therapy. The
966 resulting changes in treatment shall be specifically documented
967 in the patient’s medical record. Evidence or behavioral
968 indications of diversion shall be followed by discontinuation of
969 controlled substance therapy, and the patient shall be
970 discharged, and all results of testing and actions taken by the
971 registrant shall be documented in the patient’s medical record.
972
973 This subsection does not apply to a board-eligible or board
974 certified anesthesiologist, physiatrist, rheumatologist, or
975 neurologist, or to a board-certified physician who has surgical
976 privileges at a hospital or ambulatory surgery center and
977 primarily provides surgical services. This subsection does not
978 apply to a board-eligible or board-certified medical specialist
979 who has also completed a fellowship in pain medicine approved by
980 the Accreditation Council for Graduate Medical Education or the
981 American Osteopathic Association, or who is board eligible or
982 board certified in pain medicine by the American Board of Pain
983 Medicine, the American Board of Interventional Pain Physicians,
984 the American Board of Physician Specialties American Association
985 of Physician Specialists, or a board approved by the American
986 Board of Medical Specialties or the American Osteopathic
987 Association and performs interventional pain procedures of the
988 type routinely billed using surgical codes. This subsection does
989 not apply to a registrant who prescribes medically necessary
990 controlled substances for a patient during an inpatient stay in
991 a hospital licensed under chapter 395.
992 Section 9. Paragraph (i) of subsection (1) of section
993 458.3145, Florida Statutes, is amended to read:
994 458.3145 Medical faculty certificate.—
995 (1) A medical faculty certificate may be issued without
996 examination to an individual who meets all of the following
997 criteria:
998 (i) Has been offered and has accepted a full-time faculty
999 appointment to teach in a program of medicine at any of the
1000 following institutions:
1001 1. The University of Florida.
1002 2. The University of Miami.
1003 3. The University of South Florida.
1004 4. The Florida State University.
1005 5. The Florida International University.
1006 6. The University of Central Florida.
1007 7. The Mayo Clinic College of Medicine and Science in
1008 Jacksonville, Florida.
1009 8. The Florida Atlantic University.
1010 9. The Johns Hopkins All Children’s Hospital in St.
1011 Petersburg, Florida.
1012 10. Nova Southeastern University.
1013 11. Lake Erie College of Osteopathic Medicine in Bradenton,
1014 Florida.
1015 12. Burrell College of Osteopathic Medicine in Melbourne,
1016 Florida.
1017 13. The Orlando College of Osteopathic Medicine.
1018 14. Lincoln Memorial University-DeBusk College of
1019 Osteopathic Medicine in Orange Park, Florida.
1020 Section 10. Subsection (1) of section 458.315, Florida
1021 Statutes, is amended to read:
1022 458.315 Temporary certificate for practice in areas of
1023 critical need.—
1024 (1) A physician or physician assistant who is licensed to
1025 practice in any jurisdiction of the United States and whose
1026 license is currently valid may be issued a temporary certificate
1027 for practice in areas of critical need. A physician seeking such
1028 certificate must pay an application fee of $300. A physician
1029 assistant licensed to practice in any state of the United States
1030 or the District of Columbia whose license is currently valid may
1031 be issued a temporary certificate for practice in areas of
1032 critical need.
1033 Section 11. Subsection (1) of section 459.0076, Florida
1034 Statutes, is amended to read:
1035 459.0076 Temporary certificate for practice in areas of
1036 critical need.—
1037 (1) A physician or physician assistant who holds a valid
1038 license to practice in any jurisdiction of the United States may
1039 be issued a temporary certificate for practice in areas of
1040 critical need. A physician seeking such certificate must pay an
1041 application fee of $300. A physician assistant licensed to
1042 practice in any state of the United States or the District of
1043 Columbia whose license is currently valid may be issued a
1044 temporary certificate for practice in areas of critical need.
1045 Section 12. Paragraph (a) of subsection (1) of section
1046 458.3265, Florida Statutes, is amended to read:
1047 458.3265 Pain-management clinics.—
1048 (1) REGISTRATION.—
1049 (a)1. As used in this section, the term:
1050 a. “Board eligible” means successful completion of an
1051 anesthesia, physical medicine and rehabilitation, rheumatology,
1052 or neurology residency program approved by the Accreditation
1053 Council for Graduate Medical Education or the American
1054 Osteopathic Association for a period of 6 years from successful
1055 completion of such residency program.
1056 b. “Chronic nonmalignant pain” means pain unrelated to
1057 cancer which persists beyond the usual course of disease or the
1058 injury that is the cause of the pain or more than 90 days after
1059 surgery.
1060 c. “Pain-management clinic” or “clinic” means any publicly
1061 or privately owned facility:
1062 (I) That advertises in any medium for any type of pain
1063 management services; or
1064 (II) Where in any month a majority of patients are
1065 prescribed opioids, benzodiazepines, barbiturates, or
1066 carisoprodol for the treatment of chronic nonmalignant pain.
1067 2. Each pain-management clinic must register with the
1068 department or hold a valid certificate of exemption pursuant to
1069 subsection (2).
1070 3. The following clinics are exempt from the registration
1071 requirement of paragraphs (c)-(m) and must apply to the
1072 department for a certificate of exemption:
1073 a. A clinic licensed as a facility pursuant to chapter 395;
1074 b. A clinic in which the majority of the physicians who
1075 provide services in the clinic primarily provide surgical
1076 services;
1077 c. A clinic owned by a publicly held corporation whose
1078 shares are traded on a national exchange or on the over-the
1079 counter market and whose total assets at the end of the
1080 corporation’s most recent fiscal quarter exceeded $50 million;
1081 d. A clinic affiliated with an accredited medical school at
1082 which training is provided for medical students, residents, or
1083 fellows;
1084 e. A clinic that does not prescribe controlled substances
1085 for the treatment of pain;
1086 f. A clinic owned by a corporate entity exempt from federal
1087 taxation under 26 U.S.C. s. 501(c)(3);
1088 g. A clinic wholly owned and operated by one or more board
1089 eligible or board-certified anesthesiologists, physiatrists,
1090 rheumatologists, or neurologists; or
1091 h. A clinic wholly owned and operated by a physician
1092 multispecialty practice where one or more board-eligible or
1093 board-certified medical specialists, who have also completed
1094 fellowships in pain medicine approved by the Accreditation
1095 Council for Graduate Medical Education or who are also board
1096 certified in pain medicine by the American Board of Pain
1097 Medicine or a board approved by the American Board of Medical
1098 Specialties, the American Board of Physician Specialties
1099 American Association of Physician Specialists, or the American
1100 Osteopathic Association, perform interventional pain procedures
1101 of the type routinely billed using surgical codes.
1102 Section 13. Paragraph (a) of subsection (1) of section
1103 458.3475, Florida Statutes, is amended to read:
1104 458.3475 Anesthesiologist assistants.—
1105 (1) DEFINITIONS.—As used in this section, the term:
1106 (a) “Anesthesiologist” means an allopathic physician who
1107 holds an active, unrestricted license; who has successfully
1108 completed an anesthesiology training program approved by the
1109 Accreditation Council on Graduate Medical Education or its
1110 equivalent; and who is certified by the American Board of
1111 Anesthesiology, is eligible to take that board’s examination, or
1112 is certified by the Board of Certification in Anesthesiology
1113 affiliated with the American Board of Physician Specialties
1114 American Association of Physician Specialists.
1115 Section 14. Paragraph (a) of subsection (1) of section
1116 459.0137, Florida Statutes, is amended to read:
1117 459.0137 Pain-management clinics.—
1118 (1) REGISTRATION.—
1119 (a)1. As used in this section, the term:
1120 a. “Board eligible” means successful completion of an
1121 anesthesia, physical medicine and rehabilitation, rheumatology,
1122 or neurology residency program approved by the Accreditation
1123 Council for Graduate Medical Education or the American
1124 Osteopathic Association for a period of 6 years from successful
1125 completion of such residency program.
1126 b. “Chronic nonmalignant pain” means pain unrelated to
1127 cancer which persists beyond the usual course of disease or the
1128 injury that is the cause of the pain or more than 90 days after
1129 surgery.
1130 c. “Pain-management clinic” or “clinic” means any publicly
1131 or privately owned facility:
1132 (I) That advertises in any medium for any type of pain
1133 management services; or
1134 (II) Where in any month a majority of patients are
1135 prescribed opioids, benzodiazepines, barbiturates, or
1136 carisoprodol for the treatment of chronic nonmalignant pain.
1137 2. Each pain-management clinic must register with the
1138 department or hold a valid certificate of exemption pursuant to
1139 subsection (2).
1140 3. The following clinics are exempt from the registration
1141 requirement of paragraphs (c)-(m) and must apply to the
1142 department for a certificate of exemption:
1143 a. A clinic licensed as a facility pursuant to chapter 395;
1144 b. A clinic in which the majority of the physicians who
1145 provide services in the clinic primarily provide surgical
1146 services;
1147 c. A clinic owned by a publicly held corporation whose
1148 shares are traded on a national exchange or on the over-the
1149 counter market and whose total assets at the end of the
1150 corporation’s most recent fiscal quarter exceeded $50 million;
1151 d. A clinic affiliated with an accredited medical school at
1152 which training is provided for medical students, residents, or
1153 fellows;
1154 e. A clinic that does not prescribe controlled substances
1155 for the treatment of pain;
1156 f. A clinic owned by a corporate entity exempt from federal
1157 taxation under 26 U.S.C. s. 501(c)(3);
1158 g. A clinic wholly owned and operated by one or more board
1159 eligible or board-certified anesthesiologists, physiatrists,
1160 rheumatologists, or neurologists; or
1161 h. A clinic wholly owned and operated by a physician
1162 multispecialty practice where one or more board-eligible or
1163 board-certified medical specialists, who have also completed
1164 fellowships in pain medicine approved by the Accreditation
1165 Council for Graduate Medical Education or the American
1166 Osteopathic Association or who are also board-certified in pain
1167 medicine by the American Board of Pain Medicine or a board
1168 approved by the American Board of Medical Specialties, the
1169 American Board of Physician Specialties American Association of
1170 Physician Specialists, or the American Osteopathic Association,
1171 perform interventional pain procedures of the type routinely
1172 billed using surgical codes.
1173 Section 15. Paragraph (a) of subsection (1) of section
1174 459.023, Florida Statutes, is amended to read:
1175 459.023 Anesthesiologist assistants.—
1176 (1) DEFINITIONS.—As used in this section, the term:
1177 (a) “Anesthesiologist” means an osteopathic physician who
1178 holds an active, unrestricted license; who has successfully
1179 completed an anesthesiology training program approved by the
1180 Accreditation Council on Graduate Medical Education, or its
1181 equivalent, or the American Osteopathic Association; and who is
1182 certified by the American Osteopathic Board of Anesthesiology or
1183 is eligible to take that board’s examination, is certified by
1184 the American Board of Anesthesiology or is eligible to take that
1185 board’s examination, or is certified by the Board of
1186 Certification in Anesthesiology affiliated with the American
1187 Board of Physician Specialties American Association of Physician
1188 Specialists.
1189 Section 16. Subsection (4) of section 466.006, Florida
1190 Statutes, is amended to read:
1191 466.006 Examination of dentists.—
1192 (4) Notwithstanding any other provision of law in chapter
1193 456 pertaining to the clinical dental licensure examination or
1194 national examinations, to be licensed as a dentist in this
1195 state, an applicant must successfully complete all both of the
1196 following:
1197 (a) A written examination on the laws and rules of the
1198 state regulating the practice of dentistry.
1199 (b) A practical or clinical examination, which must be the
1200 American Dental Licensing Examination produced by the American
1201 Board of Dental Examiners, Inc., or its successor entity, if
1202 any, which is administered in this state, provided that the
1203 board has attained, and continues to maintain thereafter,
1204 representation on the board of directors of the American Board
1205 of Dental Examiners, the examination development committee of
1206 the American Board of Dental Examiners, and such other
1207 committees of the American Board of Dental Examiners as the
1208 board deems appropriate by rule to assure that the standards
1209 established herein are maintained organizationally.
1210 1. As an alternative to such practical or clinical
1211 examination, an applicant may submit scores from an American
1212 Dental Licensing Examination previously administered in a
1213 jurisdiction other than this state after October 1, 2011, and
1214 such examination results are recognized as valid for the purpose
1215 of licensure in this state. A passing score on the American
1216 Dental Licensing Examination administered out of state is the
1217 same as the passing score for the American Dental Licensing
1218 Examination administered in this state. The applicant must have
1219 completed the examination after October 1, 2011. This
1220 subparagraph may not be given retroactive application.
1221 2. If the date of an applicant’s passing American Dental
1222 Licensing Examination scores from an examination previously
1223 administered in a jurisdiction other than this state under
1224 subparagraph 1. is older than 365 days, such scores are
1225 nevertheless valid for the purpose of licensure in this state,
1226 but only if the applicant demonstrates that all of the following
1227 additional standards have been met:
1228 a. The applicant completed the American Dental Licensing
1229 Examination after October 1, 2011. This sub-subparagraph may not
1230 be given retroactive application.
1231 b. The applicant graduated from a dental school accredited
1232 by the American Dental Association Commission on Dental
1233 Accreditation or its successor entity, if any, or any other
1234 dental accrediting organization recognized by the United States
1235 Department of Education. Provided, however, if the applicant did
1236 not graduate from such a dental school, the applicant may submit
1237 proof of having successfully completed a full-time supplemental
1238 general dentistry program accredited by the American Dental
1239 Association Commission on Dental Accreditation of at least 2
1240 consecutive academic years at such accredited sponsoring
1241 institution. Such program must provide didactic and clinical
1242 education at the level of a D.D.S. or D.M.D. program accredited
1243 by the American Dental Association Commission on Dental
1244 Accreditation. For purposes of this sub-subparagraph, a
1245 supplemental general dentistry program does not include an
1246 advanced education program in a dental specialty.
1247 c. The applicant currently possesses a valid and active
1248 dental license in good standing, with no restriction, which has
1249 never been revoked, suspended, restricted, or otherwise
1250 disciplined, from another state or territory of the United
1251 States, the District of Columbia, or the Commonwealth of Puerto
1252 Rico.
1253 d. The applicant must disclose to the board during the
1254 application process if he or she has been reported to the
1255 National Practitioner Data Bank, the Healthcare Integrity and
1256 Protection Data Bank, or the American Association of Dental
1257 Boards Clearinghouse. This sub-subparagraph does not apply if
1258 the applicant successfully appealed to have his or her name
1259 removed from the data banks of these agencies.
1260 e.(I)(A) The applicant submits proof of having been
1261 consecutively engaged in the full-time practice of dentistry in
1262 another state or territory of the United States, the District of
1263 Columbia, or the Commonwealth of Puerto Rico in the 5 years
1264 immediately preceding the date of application for licensure in
1265 this state; or
1266 (B) If the applicant has been licensed in another state or
1267 territory of the United States, the District of Columbia, or the
1268 Commonwealth of Puerto Rico for less than 5 years, the applicant
1269 submits proof of having been engaged in the full-time practice
1270 of dentistry since the date of his or her initial licensure.
1271 (II) As used in this section, “full-time practice” is
1272 defined as a minimum of 1,200 hours per year for each year in
1273 the consecutive 5-year period or, when applicable, the period
1274 since initial licensure, and must include any combination of the
1275 following:
1276 (A) Active clinical practice of dentistry providing direct
1277 patient care.
1278 (B) Full-time practice as a faculty member employed by a
1279 dental or dental hygiene school approved by the board or
1280 accredited by the American Dental Association Commission on
1281 Dental Accreditation.
1282 (C) Full-time practice as a student at a postgraduate
1283 dental education program approved by the board or accredited by
1284 the American Dental Association Commission on Dental
1285 Accreditation.
1286 (III) The board shall develop rules to determine what type
1287 of proof of full-time practice is required and to recoup the
1288 cost to the board of verifying full-time practice under this
1289 section. Such proof must, at a minimum, be:
1290 (A) Admissible as evidence in an administrative proceeding;
1291 (B) Submitted in writing;
1292 (C) Further documented by an applicant’s annual income tax
1293 return filed with the Internal Revenue Service for each year in
1294 the preceding 5-year period or, if the applicant has been
1295 practicing for less than 5 years, the period since initial
1296 licensure; and
1297 (D) Specifically found by the board to be both credible and
1298 admissible.
1299 (IV) The board may excuse applicants from the 1,200-hour
1300 requirement in the event of hardship, as defined by the board.
1301 f. The applicant submits documentation that he or she has
1302 completed, or will complete before he or she is licensed in this
1303 state, continuing education equivalent to this state’s
1304 requirements for the last full reporting biennium.
1305 g. The applicant proves that he or she has never been
1306 convicted of, or pled nolo contendere to, regardless of
1307 adjudication, any felony or misdemeanor related to the practice
1308 of a health care profession in any jurisdiction.
1309 h. The applicant has successfully passed a written
1310 examination on the laws and rules of this state regulating the
1311 practice of dentistry and the computer-based diagnostic skills
1312 examination.
1313 i. The applicant submits documentation that he or she has
1314 successfully completed the applicable examination administered
1315 by the Joint Commission on National Dental Examinations or its
1316 successor organization.
1317 (c) The educational requirements provided under paragraph
1318 (2)(b) or subsection (3).
1319 Section 17. Section 486.112, Florida Statutes, is amended
1320 to read:
1321 486.112 Physical Therapy Licensure Compact.—The Physical
1322 Therapy Licensure Compact is hereby enacted into law and entered
1323 into by this state with all other jurisdictions legally joining
1324 therein in the form substantially as follows:
1325
1326 ARTICLE I
1327 PURPOSE AND OBJECTIVES
1328
1329 (1) The purpose of the compact is to facilitate interstate
1330 practice of physical therapy with the goal of improving public
1331 access to physical therapy services. The compact preserves the
1332 regulatory authority of member states to protect public health
1333 and safety through their current systems of state licensure. For
1334 purposes of state regulation under the compact, the practice of
1335 physical therapy is deemed to have occurred in the state where
1336 the patient is located at the time physical therapy is provided
1337 to the patient.
1338 (2) The compact is designed to achieve all of the following
1339 objectives:
1340 (a) Increase public access to physical therapy services by
1341 providing for the mutual recognition of other member state
1342 licenses.
1343 (b) Enhance the states’ ability to protect the public’s
1344 health and safety.
1345 (c) Encourage the cooperation of member states in
1346 regulating multistate physical therapy practice.
1347 (d) Support spouses of relocating military members.
1348 (e) Enhance the exchange of licensure, investigative, and
1349 disciplinary information between member states.
1350 (f) Allow a remote state to hold a provider of services
1351 with a compact privilege in that state accountable to that
1352 state’s practice standards.
1353
1354 ARTICLE II
1355 DEFINITIONS
1356
1357 As used in the compact, and except as otherwise provided,
1358 the term:
1359 (1) “Active duty military” means full-time duty status in
1360 the active uniformed service of the United States, including
1361 members of the National Guard and Reserve on active duty orders
1362 pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
1363 (2) “Adverse action” means disciplinary action taken by a
1364 physical therapy licensing board based upon misconduct,
1365 unacceptable performance, or a combination of both.
1366 (3) “Alternative program” means a nondisciplinary
1367 monitoring or practice remediation process approved by a state’s
1368 physical therapy licensing board. The term includes, but is not
1369 limited to, programs that address substance abuse issues.
1370 (4) “Compact privilege” means the authorization granted by
1371 a remote state to allow a licensee from another member state to
1372 practice as a physical therapist or physical therapist assistant
1373 in the remote state under its laws and rules.
1374 (5) “Continuing competence” means a requirement, as a
1375 condition of license renewal, to provide evidence of
1376 participation in, and completion of, educational and
1377 professional activities relevant to the practice of physical
1378 therapy.
1379 (6) “Data system” means the coordinated database and
1380 reporting system created by the Physical Therapy Compact
1381 Commission for the exchange of information between member states
1382 relating to licensees or applicants under the compact, including
1383 identifying information, licensure data, investigative
1384 information, adverse actions, nonconfidential information
1385 related to alternative program participation, any denials of
1386 applications for licensure, and other information as specified
1387 by commission rule.
1388 (7) “Encumbered license” means a license that a physical
1389 therapy licensing board has limited in any way.
1390 (8) “Executive board” means a group of directors elected or
1391 appointed to act on behalf of, and within the powers granted to
1392 them by, the commission.
1393 (9) “Home state” means the member state that is the
1394 licensee’s primary state of residence.
1395 (10) “Investigative information” means information,
1396 records, and documents received or generated by a physical
1397 therapy licensing board pursuant to an investigation.
1398 (11) “Jurisprudence requirement” means the assessment of an
1399 individual’s knowledge of the laws and rules governing the
1400 practice of physical therapy in a specific state.
1401 (12) “Licensee” means an individual who currently holds an
1402 authorization from a state to practice as a physical therapist
1403 or physical therapist assistant.
1404 (13) “Member state” means a state that has enacted the
1405 compact.
1406 (14) “Party state” means any member state in which a
1407 licensee holds a current license or compact privilege or is
1408 applying for a license or compact privilege.
1409 (15) “Physical therapist” means an individual licensed by a
1410 state to practice physical therapy.
1411 (16)(15) “Physical therapist assistant” means an individual
1412 licensed by a state to assist a physical therapist in specified
1413 areas of physical therapy.
1414 (17)(16) “Physical therapy” or “the practice of physical
1415 therapy” means the care and services provided by or under the
1416 direction and supervision of a licensed physical therapist.
1417 (18)(17) “Physical Therapy Compact Commission” or
1418 “commission” means the national administrative body whose
1419 membership consists of all states that have enacted the compact.
1420 (19)(18) “Physical therapy licensing board” means the
1421 agency of a state which is responsible for the licensing and
1422 regulation of physical therapists and physical therapist
1423 assistants.
1424 (20)(19) “Remote state” means a member state other than the
1425 home state where a licensee is exercising or seeking to exercise
1426 the compact privilege.
1427 (21)(20) “Rule” means a regulation, principle, or directive
1428 adopted by the commission which has the force of law.
1429 (22)(21) “State” means any state, commonwealth, district,
1430 or territory of the United States of America which regulates the
1431 practice of physical therapy.
1432
1433 ARTICLE III
1434 STATE PARTICIPATION IN THE COMPACT
1435
1436 (1) To participate in the compact, a state must do all of
1437 the following:
1438 (a) Participate fully in the commission’s data system,
1439 including using the commission’s unique identifier, as defined
1440 by commission rule.
1441 (b) Have a mechanism in place for receiving and
1442 investigating complaints about licensees.
1443 (c) Notify the commission, in accordance with the terms of
1444 the compact and rules, of any adverse action or the availability
1445 of investigative information regarding a licensee.
1446 (d) Fully implement a criminal background check
1447 requirement, within a timeframe established by commission rule,
1448 which uses results from the Federal Bureau of Investigation
1449 record search on criminal background checks to make licensure
1450 decisions in accordance with subsection (2).
1451 (e) Comply with the commission’s rules.
1452 (f) Use a recognized national examination as a requirement
1453 for licensure pursuant to the commission’s rules.
1454 (g) Have continuing competence requirements as a condition
1455 for license renewal.
1456 (2) Upon adoption of the compact, a member state has the
1457 authority to obtain biometric-based information from each
1458 licensee applying for a compact privilege and submit this
1459 information to the Federal Bureau of Investigation for a
1460 criminal background check in accordance with 28 U.S.C. s. 534
1461 and 34 U.S.C. s. 40316.
1462 (3) A member state must grant the compact privilege to a
1463 licensee holding a valid unencumbered license in another member
1464 state in accordance with the terms of the compact and rules.
1465
1466 ARTICLE IV
1467 COMPACT PRIVILEGE
1468
1469 (1) To exercise the compact privilege under the compact, a
1470 licensee must satisfy all of the following conditions:
1471 (a) Hold a license in the home state.
1472 (b) Not have an encumbrance on any state license.
1473 (c) Be eligible for a compact privilege in all member
1474 states in accordance with subsections (4), (7), and (8).
1475 (d) Not have had an adverse action against any license or
1476 compact privilege within the preceding 2 years.
1477 (e) Notify the commission that the licensee is seeking the
1478 compact privilege within a remote state.
1479 (f) Meet any jurisprudence requirements established by the
1480 remote state in which the licensee is seeking a compact
1481 privilege.
1482 (g) Report to the commission adverse action taken by any
1483 nonmember state within 30 days after the date the adverse action
1484 is taken.
1485 (2) The compact privilege is valid until the expiration
1486 date of the home license. The licensee must continue to meet the
1487 requirements of subsection (1) to maintain the compact privilege
1488 in a remote state.
1489 (3) A licensee providing physical therapy in a remote state
1490 under the compact privilege must comply with the laws and rules
1491 of the remote state.
1492 (4) A licensee providing physical therapy in a remote state
1493 is subject to that state’s regulatory authority. A remote state
1494 may, in accordance with due process and that state’s laws,
1495 remove a licensee’s compact privilege in the remote state for a
1496 specific period of time, impose fines, and take any other
1497 necessary actions to protect the health and safety of its
1498 citizens. The licensee is not eligible for a compact privilege
1499 in any member state until the specific period of time for
1500 removal has ended and all fines are paid.
1501 (5) If a home state license is encumbered, the licensee
1502 loses the compact privilege in any remote state until the
1503 following conditions are met:
1504 (a) The home state license is no longer encumbered.
1505 (b) Two years have elapsed from the date of the adverse
1506 action.
1507 (6) Once an encumbered license in the home state is
1508 restored to good standing, the licensee must meet the
1509 requirements of subsection (1) to obtain a compact privilege in
1510 any remote state.
1511 (7) If a licensee’s compact privilege in any remote state
1512 is removed, the licensee loses the compact privilege in all
1513 remote states until all of the following conditions are met:
1514 (a) The specific period of time for which the compact
1515 privilege was removed has ended.
1516 (b) All fines have been paid.
1517 (c) Two years have elapsed from the date of the adverse
1518 action.
1519 (8) Once the requirements of subsection (7) have been met,
1520 the licensee must meet the requirements of subsection (1) to
1521 obtain a compact privilege in a remote state.
1522
1523 ARTICLE V
1524 ACTIVE DUTY MILITARY PERSONNEL
1525 AND THEIR SPOUSES
1526
1527 A licensee who is active duty military or is the spouse of
1528 an individual who is active duty military may choose any of the
1529 following locations to designate his or her home state:
1530 (1) Home of record.
1531 (2) Permanent change of station location.
1532 (3) State of current residence, if it is different from the
1533 home of record or permanent change of station location.
1534
1535 ARTICLE VI
1536 ADVERSE ACTIONS
1537
1538 (1) A home state has exclusive power to impose adverse
1539 action against a license issued by the home state.
1540 (2) A home state may take adverse action based on the
1541 investigative information of a remote state, so long as the home
1542 state follows its own procedures for imposing adverse action.
1543 (3) The compact does not override a member state’s decision
1544 that participation in an alternative program may be used in lieu
1545 of adverse action and that such participation remain nonpublic
1546 if required by the member state’s laws. Member states must
1547 require licensees who enter any alternative programs in lieu of
1548 discipline to agree not to practice in any other member state
1549 during the term of the alternative program without prior
1550 authorization from such other member state.
1551 (4) A member state may investigate actual or alleged
1552 violations of the laws and rules for the practice of physical
1553 therapy committed in any other member state by a physical
1554 therapist or physical therapist assistant practicing under the
1555 compact who holds a license or compact privilege in such other
1556 member state.
1557 (5) A remote state may do any of the following:
1558 (a) Take adverse actions as set forth in subsection (4) of
1559 Article IV against a licensee’s compact privilege in the state.
1560 (b) Issue subpoenas for both hearings and investigations
1561 which require the attendance and testimony of witnesses and the
1562 production of evidence. Subpoenas issued by a physical therapy
1563 licensing board in a party member state for the attendance and
1564 testimony of witnesses or for the production of evidence from
1565 another party member state must be enforced in the latter state
1566 by any court of competent jurisdiction, according to the
1567 practice and procedure of that court applicable to subpoenas
1568 issued in proceedings pending before it. The issuing authority
1569 shall pay any witness fees, travel expenses, mileage, and other
1570 fees required by the service laws of the state where the
1571 witnesses or evidence is located.
1572 (c) If otherwise permitted by state law, recover from the
1573 licensee the costs of investigations and disposition of cases
1574 resulting from any adverse action taken against that licensee.
1575 (6)(a) In addition to the authority granted to a member
1576 state by its respective physical therapy practice act or other
1577 applicable state law, a member state may participate with other
1578 member states in joint investigations of licensees.
1579 (b) Member states shall share any investigative,
1580 litigation, or compliance materials in furtherance of any joint
1581 or individual investigation initiated under the compact.
1582
1583 ARTICLE VII
1584 ESTABLISHMENT OF THE
1585 PHYSICAL THERAPY COMPACT COMMISSION
1586
1587 (1) COMMISSION CREATED.—The member states hereby create and
1588 establish a joint public agency known as the Physical Therapy
1589 Compact Commission:
1590 (a) The commission is an instrumentality of the member
1591 states.
1592 (b) Venue is proper, and judicial proceedings by or against
1593 the commission must be brought solely and exclusively, in a
1594 court of competent jurisdiction where the principal office of
1595 the commission is located. The commission may waive venue and
1596 jurisdictional defenses to the extent it adopts or consents to
1597 participate in alternative dispute resolution proceedings.
1598 (c) The compact may not be construed to be a waiver of
1599 sovereign immunity.
1600 (2) MEMBERSHIP, VOTING, AND MEETINGS.—
1601 (a) Each member state has and is limited to one delegate
1602 selected by that member state’s physical therapy licensing board
1603 to serve on the commission. The delegate must be a current
1604 member of the physical therapy licensing board who is a physical
1605 therapist, a physical therapist assistant, a public member, or
1606 the board administrator.
1607 (b) A delegate may be removed or suspended from office as
1608 provided by the law of the state from which the delegate is
1609 appointed. Any vacancy occurring on the commission must be
1610 filled by the physical therapy licensing board of the member
1611 state for which the vacancy exists.
1612 (c) Each delegate is entitled to one vote with regard to
1613 the adoption of rules and bylaws and shall otherwise have an
1614 opportunity to participate in the business and affairs of the
1615 commission.
1616 (d) A delegate shall vote in person or by such other means
1617 as provided in the bylaws. The bylaws may provide for delegates’
1618 participation in meetings by telephone or other means of
1619 communication.
1620 (e) The commission shall meet at least once during each
1621 calendar year. Additional meetings may be held as set forth in
1622 the bylaws.
1623 (f) All meetings must be open to the public, and public
1624 notice of meetings must be given in the same manner as required
1625 under the rulemaking provisions in Article IX.
1626 (g) The commission or the executive board or other
1627 committees of the commission may convene in a closed, nonpublic
1628 meeting if the commission or executive board or other committees
1629 of the commission must discuss any of the following:
1630 1. Noncompliance of a member state with its obligations
1631 under the compact.
1632 2. The employment, compensation, or discipline of, or other
1633 matters, practices, or procedures related to, specific employees
1634 or other matters related to the commission’s internal personnel
1635 practices and procedures.
1636 3. Current, threatened, or reasonably anticipated
1637 litigation against the commission, executive board, or other
1638 committees of the commission.
1639 4. Negotiation of contracts for the purchase, lease, or
1640 sale of goods, services, or real estate.
1641 5. An accusation of any person of a crime or a formal
1642 censure of any person.
1643 6. Information disclosing trade secrets or commercial or
1644 financial information that is privileged or confidential.
1645 7. Information of a personal nature where disclosure would
1646 constitute a clearly unwarranted invasion of personal privacy.
1647 8. Investigatory records compiled for law enforcement
1648 purposes.
1649 9. Information related to any investigative reports
1650 prepared by or on behalf of or for use of the commission or
1651 other committee charged with responsibility for investigation or
1652 determination of compliance issues pursuant to the compact.
1653 10. Matters specifically exempted from disclosure by
1654 federal or member state statute.
1655 (h) If a meeting, or portion of a meeting, is closed
1656 pursuant to this subsection, the commission’s legal counsel or
1657 designee must certify that the meeting may be closed and must
1658 reference each relevant exempting provision.
1659 (i) The commission shall keep minutes that fully and
1660 clearly describe all matters discussed in a meeting and shall
1661 provide a full and accurate summary of actions taken and the
1662 reasons therefor, including a description of the views
1663 expressed. All documents considered in connection with an action
1664 must be identified in the minutes. All minutes and documents of
1665 a closed meeting must remain under seal, subject to release only
1666 by a majority vote of the commission or order of a court of
1667 competent jurisdiction.
1668 (3) DUTIES.—The commission shall do all of the following:
1669 (a) Establish the fiscal year of the commission.
1670 (b) Establish bylaws.
1671 (c) Maintain its financial records in accordance with the
1672 bylaws.
1673 (d) Meet and take such actions as are consistent with the
1674 provisions of the compact and the bylaws.
1675 (4) POWERS.—The commission may do any of the following:
1676 (a) Adopt uniform rules to facilitate and coordinate
1677 implementation and administration of the compact. The rules have
1678 the force and effect of law and are binding in all member
1679 states.
1680 (b) Bring and prosecute legal proceedings or actions in the
1681 name of the commission, provided that the standing of any state
1682 physical therapy licensing board to sue or be sued under
1683 applicable law is not affected.
1684 (c) Purchase and maintain insurance and bonds.
1685 (d) Borrow, accept, or contract for services of personnel,
1686 including, but not limited to, employees of a member state.
1687 (e) Hire employees and elect or appoint officers; fix the
1688 compensation of, define the duties of, and grant appropriate
1689 authority to such individuals to carry out the purposes of the
1690 compact; and establish the commission’s personnel policies and
1691 programs relating to conflicts of interest, qualifications of
1692 personnel, and other related personnel matters.
1693 (f) Accept any appropriate donations and grants of money,
1694 equipment, supplies, materials, and services and receive, use,
1695 and dispose of the same, provided that at all times the
1696 commission avoids any appearance of impropriety or conflict of
1697 interest.
1698 (g) Lease, purchase, accept appropriate gifts or donations
1699 of, or otherwise own, hold, improve, or use any property, real,
1700 personal, or mixed, provided that at all times the commission
1701 avoids any appearance of impropriety or conflict of interest.
1702 (h) Sell, convey, mortgage, pledge, lease, exchange,
1703 abandon, or otherwise dispose of any property, real, personal,
1704 or mixed.
1705 (i) Establish a budget and make expenditures.
1706 (j) Borrow money.
1707 (k) Appoint committees, including standing committees
1708 composed of members, state regulators, state legislators or
1709 their representatives, and consumer representatives, and such
1710 other interested persons as may be designated in the compact and
1711 the bylaws.
1712 (l) Provide information to, receive information from, and
1713 cooperate with law enforcement agencies.
1714 (m) Establish and elect an executive board.
1715 (n) Perform such other functions as may be necessary or
1716 appropriate to achieve the purposes of the compact consistent
1717 with the state regulation of physical therapy licensure and
1718 practice.
1719 (5) THE EXECUTIVE BOARD.—
1720 (a) The executive board may act on behalf of the commission
1721 according to the terms of the compact.
1722 (b) The executive board shall be composed of the following
1723 nine members:
1724 1. Seven voting members who are elected by the commission
1725 from the current membership of the commission.
1726 2. One ex officio, nonvoting member from the recognized
1727 national physical therapy professional association.
1728 3. One ex officio, nonvoting member from the recognized
1729 membership organization of the physical therapy licensing
1730 boards.
1731 (c) The ex officio members shall be selected by their
1732 respective organizations.
1733 (d) The commission may remove any member of the executive
1734 board as provided in its bylaws.
1735 (e) The executive board shall meet at least annually.
1736 (f) The executive board shall do all of the following:
1737 1. Recommend to the entire commission changes to the rules
1738 or bylaws, compact legislation, fees paid by compact member
1739 states, such as annual dues, and any commission compact fee
1740 charged to licensees for the compact privilege.
1741 2. Ensure compact administration services are appropriately
1742 provided, contractually or otherwise.
1743 3. Prepare and recommend the budget.
1744 4. Maintain financial records on behalf of the commission.
1745 5. Monitor compact compliance of member states and provide
1746 compliance reports to the commission.
1747 6. Establish additional committees as necessary.
1748 7. Perform other duties as provided in the rules or bylaws.
1749 (6) FINANCING OF THE COMMISSION.—
1750 (a) The commission shall pay, or provide for the payment
1751 of, the reasonable expenses of its establishment, organization,
1752 and ongoing activities.
1753 (b) The commission may accept any appropriate revenue
1754 sources, donations, and grants of money, equipment, supplies,
1755 materials, and services.
1756 (c) The commission may levy and collect an annual
1757 assessment from each member state or impose fees on other
1758 parties to cover the cost of the operations and activities of
1759 the commission and its staff. Such assessments and fees must
1760 total to an amount sufficient to cover the commission’s annual
1761 budget as approved each year for which revenue is not provided
1762 by other sources. The aggregate annual assessment amount must be
1763 allocated based upon a formula to be determined by the
1764 commission, which shall adopt a rule binding upon all member
1765 states.
1766 (d) The commission may not incur obligations of any kind
1767 before securing the funds adequate to meet such obligations; nor
1768 may the commission pledge the credit of any of the member
1769 states, except by and with the authority of the member state.
1770 (e) The commission shall keep accurate accounts of all
1771 receipts and disbursements. The receipts and disbursements of
1772 the commission are subject to the audit and accounting
1773 procedures established under its bylaws. However, all receipts
1774 and disbursements of funds handled by the commission must be
1775 audited yearly by a certified or licensed public accountant, and
1776 the report of the audit must be included in and become part of
1777 the annual report of the commission.
1778 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
1779 (a) The members, officers, executive director, employees,
1780 and representatives of the commission are immune from suit and
1781 liability, whether personally or in their official capacity, for
1782 any claim for damage to or loss of property or personal injury
1783 or other civil liability caused by or arising out of any actual
1784 or alleged act, error, or omission that occurred, or that the
1785 person against whom the claim is made had a reasonable basis for
1786 believing occurred, within the scope of commission employment,
1787 duties, or responsibilities. However, this paragraph may not be
1788 construed to protect any such person from suit or liability for
1789 any damage, loss, injury, or liability caused by the
1790 intentional, willful, or wanton misconduct of that person.
1791 (b) The commission shall defend any member, officer,
1792 executive director, employee, or representative of the
1793 commission in any civil action seeking to impose liability
1794 arising out of any actual or alleged act, error, or omission
1795 that occurred within the scope of commission employment, duties,
1796 or responsibilities, or that the person against whom the claim
1797 is made had a reasonable basis for believing occurred within the
1798 scope of commission employment, duties, or responsibilities.
1799 However, this subsection may not be construed to prohibit any
1800 member, officer, executive director, employee, or representative
1801 of the commission from retaining his or her own counsel or to
1802 require the commission to defend such person if the actual or
1803 alleged act, error, or omission resulted from that person’s
1804 intentional, willful, or wanton misconduct.
1805 (c) The commission shall indemnify and hold harmless any
1806 member, officer, executive director, employee, or representative
1807 of the commission for the amount of any settlement or judgment
1808 obtained against that person arising out of any actual or
1809 alleged act, error, or omission that occurred within the scope
1810 of commission employment, duties, or responsibilities, or that
1811 such person had a reasonable basis for believing occurred within
1812 the scope of commission employment, duties, or responsibilities,
1813 provided that the actual or alleged act, error, or omission did
1814 not result from the intentional, willful, or wanton misconduct
1815 of that person.
1816
1817 ARTICLE VIII
1818 DATA SYSTEM
1819
1820 (1) The commission shall provide for the development,
1821 maintenance, and use of a coordinated database and reporting
1822 system containing licensure, adverse action, and investigative
1823 information on all licensees in member states.
1824 (2) Notwithstanding any other provision of state law to the
1825 contrary, a member state shall submit a uniform data set to the
1826 data system on all individuals to whom the compact is applicable
1827 as required by the rules of the commission, which data set must
1828 include all of the following:
1829 (a) Identifying information.
1830 (b) Licensure data.
1831 (c) Investigative information.
1832 (d) Adverse actions against a license or compact privilege.
1833 (e) Nonconfidential information related to alternative
1834 program participation.
1835 (f) Any denial of application for licensure, and the reason
1836 for such denial.
1837 (g) Other information that may facilitate the
1838 administration of the compact, as determined by the rules of the
1839 commission.
1840 (3) Investigative information in the system pertaining to a
1841 licensee in any member state must be available only to other
1842 party member states.
1843 (4) The commission shall promptly notify all member states
1844 of any adverse action taken against a licensee or an individual
1845 applying for a license in a member state. Adverse action
1846 information pertaining to a licensee in any member state must be
1847 available to all other member states.
1848 (5) Member states contributing information to the data
1849 system may designate information that may not be shared with the
1850 public without the express permission of the contributing state.
1851 (6) Any information submitted to the data system which is
1852 subsequently required to be expunged by the laws of the member
1853 state contributing the information must be removed from the data
1854 system.
1855
1856 ARTICLE IX
1857 RULEMAKING
1858
1859 (1) The commission shall exercise its rulemaking powers
1860 pursuant to the criteria set forth in this article and the rules
1861 adopted thereunder. Rules and amendments become binding as of
1862 the date specified in each rule or amendment.
1863 (2) If a majority of the legislatures of the member states
1864 rejects a rule by enactment of a statute or resolution in the
1865 same manner used to adopt the compact within 4 years after the
1866 date of adoption of the rule, such rule does not have further
1867 force and effect in any member state.
1868 (3) Rules or amendments to the rules must be adopted at a
1869 regular or special meeting of the commission.
1870 (4) Before adoption of a final rule by the commission, and
1871 at least 30 days before the meeting at which the rule will be
1872 considered and voted upon, the commission must file a notice of
1873 proposed rulemaking on all of the following:
1874 (a) The website of the commission or another publicly
1875 accessible platform.
1876 (b) The website of each member state physical therapy
1877 licensing board or another publicly accessible platform or the
1878 publication in which each state would otherwise publish proposed
1879 rules.
1880 (5) The notice of proposed rulemaking must include all of
1881 the following:
1882 (a) The proposed date, time, and location of the meeting in
1883 which the rule or amendment will be considered and voted upon.
1884 (b) The text of the proposed rule or amendment and the
1885 reason for the proposed rule.
1886 (c) A request for comments on the proposed rule or
1887 amendment from any interested person.
1888 (d) The manner in which interested persons may submit
1889 notice to the commission of their intention to attend the public
1890 hearing and any written comments.
1891 (6) Before adoption of a proposed rule or amendment, the
1892 commission must allow persons to submit written data, facts,
1893 opinions, and arguments, which must be made available to the
1894 public.
1895 (7) The commission must grant an opportunity for a public
1896 hearing before it adopts a rule or an amendment if a hearing is
1897 requested by any of the following:
1898 (a) At least 25 persons.
1899 (b) A state or federal governmental subdivision or agency.
1900 (c) An association having at least 25 members.
1901 (8) If a scheduled public hearing is held on the proposed
1902 rule or amendment, the commission must publish the date, time,
1903 and location of the hearing. If the hearing is held through
1904 electronic means, the commission must publish the mechanism for
1905 access to the electronic hearing.
1906 (a) All persons wishing to be heard at the hearing must
1907 notify the executive director of the commission or another
1908 designated member in writing of their desire to appear and
1909 testify at the hearing at least 5 business days before the
1910 scheduled date of the hearing.
1911 (b) Hearings must be conducted in a manner providing each
1912 person who wishes to comment a fair and reasonable opportunity
1913 to comment orally or in writing.
1914 (c) All hearings must be recorded. A copy of the recording
1915 must be made available on request.
1916 (d) This article may not be construed to require a separate
1917 hearing on each rule. Rules may be grouped for the convenience
1918 of the commission at hearings required by this article.
1919 (9) Following the scheduled hearing date, or by the close
1920 of business on the scheduled hearing date if the hearing was not
1921 held, the commission shall consider all written and oral
1922 comments received.
1923 (10) If no written notice of intent to attend the public
1924 hearing by interested parties is received, the commission may
1925 proceed with adoption of the proposed rule without a public
1926 hearing.
1927 (11) The commission shall, by majority vote of all members,
1928 take final action on the proposed rule and shall determine the
1929 effective date of the rule, if any, based on the rulemaking
1930 record and the full text of the rule.
1931 (12) Upon determination that an emergency exists, the
1932 commission may consider and adopt an emergency rule without
1933 prior notice, opportunity for comment, or hearing, provided that
1934 the usual rulemaking procedures provided in the compact and in
1935 this article are retroactively applied to the rule as soon as
1936 reasonably possible, in no event later than 90 days after the
1937 effective date of the rule. For the purposes of this subsection,
1938 an emergency rule is one that must be adopted immediately in
1939 order to do any of the following:
1940 (a) Meet an imminent threat to public health, safety, or
1941 welfare.
1942 (b) Prevent a loss of commission or member state funds.
1943 (c) Meet a deadline for the adoption of an administrative
1944 rule established by federal law or rule.
1945 (d) Protect public health and safety.
1946 (13) The commission or an authorized committee of the
1947 commission may direct revisions to a previously adopted rule or
1948 amendment for purposes of correcting typographical errors,
1949 errors in format, errors in consistency, or grammatical errors.
1950 Public notice of any revisions must be posted on the website of
1951 the commission. The revision is subject to challenge by any
1952 person for a period of 30 days after posting. The revision may
1953 be challenged only on grounds that the revision results in a
1954 material change to a rule. A challenge must be made in writing
1955 and delivered to the chair of the commission before the end of
1956 the notice period. If a challenge is not made, the revision
1957 takes effect without further action. If the revision is
1958 challenged, the revision may not take effect without the
1959 approval of the commission.
1960
1961 ARTICLE X
1962 OVERSIGHT, DISPUTE RESOLUTION,
1963 AND ENFORCEMENT
1964
1965 (1) OVERSIGHT.—
1966 (a) The executive, legislative, and judicial branches of
1967 state government in each member state shall enforce the compact
1968 and take all actions necessary and appropriate to carry out the
1969 compact’s purposes and intent. The provisions of the compact and
1970 the rules adopted pursuant thereto shall have standing as
1971 statutory law.
1972 (b) All courts shall take judicial notice of the compact
1973 and the rules in any judicial or administrative proceeding in a
1974 member state pertaining to the subject matter of the compact
1975 which may affect the powers, responsibilities, or actions of the
1976 commission.
1977 (c) The commission is entitled to receive service of
1978 process in any such proceeding and has standing to intervene in
1979 such a proceeding for all purposes. Failure to provide service
1980 of process to the commission renders a judgment or an order void
1981 as to the commission, the compact, or the adopted rules.
1982 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
1983 (a) If the commission determines that a member state has
1984 defaulted in the performance of its obligations or
1985 responsibilities under the compact or the adopted rules, the
1986 commission must do all of the following:
1987 1. Provide written notice to the defaulting state and other
1988 member states of the nature of the default, the proposed means
1989 of curing the default, and any other action to be taken by the
1990 commission.
1991 2. Provide remedial training and specific technical
1992 assistance regarding the default.
1993 (b) If a state in default fails to cure the default, the
1994 defaulting state may be terminated from the compact upon an
1995 affirmative vote of a majority of the member states, and all
1996 rights, privileges, and benefits conferred by the compact may be
1997 terminated on the effective date of termination. A cure of the
1998 default does not relieve the offending state of obligations or
1999 liabilities incurred during the period of default.
2000 (c) Termination of membership in the compact may be imposed
2001 only after all other means of securing compliance have been
2002 exhausted. The commission shall give notice of intent to suspend
2003 or terminate a defaulting member state to the governor and
2004 majority and minority leaders of the defaulting state’s
2005 legislature and to each of the member states.
2006 (d) A state that has been terminated from the compact is
2007 responsible for all assessments, obligations, and liabilities
2008 incurred through the effective date of termination, including
2009 obligations that extend beyond the effective date of
2010 termination.
2011 (e) The commission does not bear any costs related to a
2012 state that is found to be in default or that has been terminated
2013 from the compact, unless agreed upon in writing between the
2014 commission and the defaulting state.
2015 (f) The defaulting state may appeal the action of the
2016 commission by petitioning the United States District Court for
2017 the District of Columbia or the federal district where the
2018 commission has its principal offices. The prevailing member
2019 shall be awarded all costs of such litigation, including
2020 reasonable attorney fees.
2021 (3) DISPUTE RESOLUTION.—
2022 (a) Upon request by a member state, the commission must
2023 attempt to resolve disputes related to the compact which arise
2024 among member states and between member and nonmember states.
2025 (b) The commission shall adopt a rule providing for both
2026 mediation and binding dispute resolution for disputes as
2027 appropriate.
2028 (4) ENFORCEMENT.—
2029 (a) The commission, in the reasonable exercise of its
2030 discretion, shall enforce the compact and the commission’s
2031 rules.
2032 (b) By majority vote, the commission may initiate legal
2033 action in the United States District Court for the District of
2034 Columbia or the federal district where the commission has its
2035 principal offices against a member state in default to enforce
2036 compliance with the provisions of the compact and its adopted
2037 rules and bylaws. The relief sought may include both injunctive
2038 relief and damages. In the event judicial enforcement is
2039 necessary, the prevailing member shall be awarded all costs of
2040 such litigation, including reasonable attorney fees.
2041 (c) The remedies under this article are not the exclusive
2042 remedies of the commission. The commission may pursue any other
2043 remedies available under federal or state law.
2044
2045 ARTICLE XI
2046 DATE OF IMPLEMENTATION OF THE
2047 PHYSICAL THERAPY COMPACT
2048 AND ASSOCIATED RULES;
2049 WITHDRAWAL; AND AMENDMENTS
2050
2051 (1) The compact becomes effective on the date that the
2052 compact statute is enacted into law in the tenth member state.
2053 The provisions that become effective at that time are limited to
2054 the powers granted to the commission relating to assembly and
2055 the adoption of rules. Thereafter, the commission shall meet and
2056 exercise rulemaking powers necessary for the implementation and
2057 administration of the compact.
2058 (2) Any state that joins the compact subsequent to the
2059 commission’s initial adoption of the rules is subject to the
2060 rules as they exist on the date that the compact becomes law in
2061 that state. Any rule that has been previously adopted by the
2062 commission has the full force and effect of law on the day the
2063 compact becomes law in that state.
2064 (3) Any member state may withdraw from the compact by
2065 enacting a statute repealing the same.
2066 (a) A member state’s withdrawal does not take effect until
2067 6 months after enactment of the repealing statute.
2068 (b) Withdrawal does not affect the continuing requirement
2069 of the withdrawing state’s physical therapy licensing board to
2070 comply with the investigative and adverse action reporting
2071 requirements of this act before the effective date of
2072 withdrawal.
2073 (4) The compact may not be construed to invalidate or
2074 prevent any physical therapy licensure agreement or other
2075 cooperative arrangement between a member state and a nonmember
2076 state which does not conflict with the provisions of the
2077 compact.
2078 (5) The compact may be amended by the member states. An
2079 amendment to the compact does not become effective and binding
2080 upon any member state until it is enacted into the laws of all
2081 member states.
2082
2083 ARTICLE XII
2084 CONSTRUCTION AND SEVERABILITY
2085
2086 The compact must be liberally construed so as to carry out
2087 the purposes thereof. The provisions of the compact are
2088 severable, and if any phrase, clause, sentence, or provision of
2089 the compact is declared to be contrary to the constitution of
2090 any party member state or of the United States or the
2091 applicability thereof to any government, agency, person, or
2092 circumstance is held invalid, the validity of the remainder of
2093 the compact and the applicability thereof to any government,
2094 agency, person, or circumstance is not affected thereby. If the
2095 compact is held contrary to the constitution of any party member
2096 state, the compact remains in full force and effect as to the
2097 remaining party member states and in full force and effect as to
2098 the party member state affected as to all severable matters.
2099 Section 18. Paragraph (d) of subsection (3) of section
2100 766.1115, Florida Statutes, is amended to read:
2101 766.1115 Health care providers; creation of agency
2102 relationship with governmental contractors.—
2103 (3) DEFINITIONS.—As used in this section, the term:
2104 (d) “Health care provider” or “provider” means:
2105 1. A birth center licensed under chapter 383.
2106 2. An ambulatory surgical center licensed under chapter
2107 395.
2108 3. A hospital licensed under chapter 395.
2109 4. A physician or physician assistant licensed under
2110 chapter 458.
2111 5. An osteopathic physician or osteopathic physician
2112 assistant licensed under chapter 459.
2113 6. A chiropractic physician licensed under chapter 460.
2114 7. A podiatric physician licensed under chapter 461.
2115 8. A registered nurse, nurse midwife, licensed practical
2116 nurse, or advanced practice registered nurse licensed or
2117 registered under part I of chapter 464 or any facility which
2118 employs nurses licensed or registered under part I of chapter
2119 464 to supply all or part of the care delivered under this
2120 section.
2121 9. A midwife licensed under chapter 467.
2122 10. A health maintenance organization certificated under
2123 part I of chapter 641.
2124 11. A health care professional association and its
2125 employees or a corporate medical group and its employees.
2126 12. Any other medical facility the primary purpose of which
2127 is to deliver human medical diagnostic services or which
2128 delivers nonsurgical human medical treatment, and which includes
2129 an office maintained by a provider.
2130 13. A dentist or dental hygienist licensed under chapter
2131 466.
2132 14. A free clinic that delivers only medical diagnostic
2133 services or nonsurgical medical treatment free of charge to all
2134 low-income recipients.
2135 15. Any other health care professional, practitioner,
2136 provider, or facility under contract with a governmental
2137 contractor, including a student enrolled in an accredited
2138 program that prepares the student for licensure as any one of
2139 the professionals listed in subparagraphs 4.-9. and 13.
2140
2141 The term includes any nonprofit corporation qualified as exempt
2142 from federal income taxation under s. 501(a) of the Internal
2143 Revenue Code, and described in s. 501(c) of the Internal Revenue
2144 Code, which delivers health care services provided by licensed
2145 professionals listed in this paragraph, any federally funded
2146 community health center, and any volunteer corporation or
2147 volunteer health care provider that delivers health care
2148 services.
2149 Section 19. Except as otherwise expressly provided in this
2150 act and except for this section, which shall take effect upon
2151 this act becoming a law, or, if this act fails to become a law
2152 until after June 1, 2025, it shall take effect upon becoming a
2153 law and shall operate retroactively to June 1, 2025, this act
2154 shall take effect July 1, 2025.
2155
2156 ================= T I T L E A M E N D M E N T ================
2157 And the title is amended as follows:
2158 Delete everything before the enacting clause
2159 and insert:
2160 A bill to be entitled
2161 An act relating to the Department of Health; amending
2162 chapter 2023-43, Laws of Florida; revising the repeal
2163 date of the definition of the term “messenger
2164 ribonucleic acid vaccine”; providing for contingent
2165 retroactive operation; reenacting ss. 381.00316(2)(g)
2166 and 381.00319(1)(e), F.S., relating to the prohibition
2167 on discrimination by governmental and business
2168 entities based on health care choices and the
2169 prohibition on mask mandates and vaccination and
2170 testing mandates for educational institutions,
2171 respectively, for purposes of preserving the
2172 definition of the term “messenger ribonucleic acid
2173 vaccine,” notwithstanding its scheduled repeal;
2174 amending s. 381.026, F.S.; revising the rights of
2175 patients, which each health care provider and facility
2176 are required to observe, to include that such
2177 facilities and providers may not discriminate based on
2178 a patient’s vaccination status; amending s. 381.986,
2179 F.S.; defining terms for purposes of background
2180 screening requirements for persons affiliated with
2181 medical marijuana treatment centers; requiring medical
2182 marijuana treatment centers to notify the Department
2183 of Health through e-mail within a specified timeframe
2184 after an actual or attempted theft, diversion, or loss
2185 of marijuana; requiring medical marijuana treatment
2186 centers to report attempted thefts, in addition to
2187 actual thefts, to law enforcement within a specified
2188 timeframe; amending s. 381.988, F.S.; defining terms
2189 for purposes of background screening requirements for
2190 persons affiliated with medical marijuana testing
2191 laboratories; amending s. 456.0145, F.S.; revising
2192 eligibility criteria for licensure by endorsement
2193 under the MOBILE Act; amending s. 456.44, F.S.;
2194 revising the definition of the term “board-certified
2195 pain management physician” to replace the term
2196 “American Association of Physician Specialists” with
2197 “American Board of Physician Specialties”; making a
2198 technical change; amending s. 458.3145, F.S.; revising
2199 the list of institutions at which the department is
2200 authorized to issue a medical faculty certificate to
2201 an individual who has been offered and has accepted a
2202 full-time faculty appointment; amending ss. 458.315
2203 and 459.0076, F.S.; revising criteria authorizing
2204 physician assistants to be issued temporary
2205 certificates for practice in areas of critical need;
2206 amending ss. 458.3265, 458.3475, 459.0137, and
2207 459.023, F.S.; revising definitions to replace the
2208 term “American Association of Physician Specialists”
2209 with “American Board of Physician Specialties”;
2210 amending s. 466.006, F.S.; revising the requirements
2211 for licensure as a dentist; amending s. 486.112, F.S.;
2212 defining the term “party state”; authorizing a remote
2213 state to issue subpoenas to individuals to testify or
2214 for the production of evidence from a party located in
2215 a party state; providing that such subpoenas are
2216 enforceable in the party state; requiring that
2217 investigative information pertaining to certain
2218 licensees in a certain system be available only to
2219 other party states; revising construction and
2220 severability of the compact to conform to changes made
2221 by the act; amending s. 766.1115, F.S.; revising the
2222 definition of the term “health care provider” or
2223 “provider”; providing effective dates.