Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for HB 1299
Ì8696149Î869614
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RS/2R .
04/30/2025 05:39 PM .
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Senator Trumbull 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10 Florida Statutes, as created by this act, are repealed June 1,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. Paragraph (d) of subsection (4) and subsection
33 (6) of section 381.026, Florida Statutes, are amended to read:
34 381.026 Florida Patient’s Bill of Rights and
35 Responsibilities.—
36 (4) RIGHTS OF PATIENTS.—Each health care facility or
37 provider shall observe the following standards:
38 (d) Access to health care.—
39 1. A patient has the right to impartial access to medical
40 treatment or accommodations, regardless of race, national
41 origin, religion, handicap, or source of payment.
42 2. A patient has the right to treatment for any emergency
43 medical condition that will deteriorate from failure to provide
44 such treatment.
45 3. A patient has the right to access any mode of treatment
46 that is, in his or her own judgment and the judgment of his or
47 her health care practitioner, in the best interests of the
48 patient, including complementary or alternative health care
49 treatments, in accordance with the provisions of s. 456.41.
50 4. A patient shall not be denied admission, care, or
51 services by a health care facility based solely on the patient’s
52 vaccination status.
53 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
54 provider who treats a patient in an office or any health care
55 facility licensed under chapter 395 that provides emergency
56 services and care or outpatient services and care to a patient,
57 or admits and treats a patient, shall adopt and make available
58 to the patient, in writing, a statement of the rights and
59 responsibilities of patients, including the following:
60
61 SUMMARY OF THE FLORIDA PATIENT’S BILL
62 OF RIGHTS AND RESPONSIBILITIES
63
64 Florida law requires that your health care
65 provider or health care facility recognize your rights
66 while you are receiving medical care and that you
67 respect the health care provider’s or health care
68 facility’s right to expect certain behavior on the
69 part of patients. You may request a copy of the full
70 text of this law from your health care provider or
71 health care facility. A summary of your rights and
72 responsibilities follows:
73 A patient has the right to be treated with
74 courtesy and respect, with appreciation of his or her
75 individual dignity, and with protection of his or her
76 need for privacy.
77 A patient has the right to a prompt and
78 reasonable response to questions and requests.
79 A patient has the right to know who is providing
80 medical services and who is responsible for his or her
81 care.
82 A patient has the right to know what patient
83 support services are available, including whether an
84 interpreter is available if he or she does not speak
85 English.
86 A patient has the right to bring any person of
87 his or her choosing to the patient-accessible areas of
88 the health care facility or provider’s office to
89 accompany the patient while the patient is receiving
90 inpatient or outpatient treatment or is consulting
91 with his or her health care provider, unless doing so
92 would risk the safety or health of the patient, other
93 patients, or staff of the facility or office or cannot
94 be reasonably accommodated by the facility or
95 provider.
96 A patient has the right to know what rules and
97 regulations apply to his or her conduct.
98 A patient has the right to be given by the health
99 care provider information concerning diagnosis,
100 planned course of treatment, alternatives, risks, and
101 prognosis.
102 A patient has the right to refuse any treatment,
103 except as otherwise provided by law.
104 A patient has the right to be given, upon
105 request, full information and necessary counseling on
106 the availability of known financial resources for his
107 or her care.
108 A patient who is eligible for Medicare has the
109 right to know, upon request and in advance of
110 treatment, whether the health care provider or health
111 care facility accepts the Medicare assignment rate.
112 A patient has the right to receive, upon request,
113 prior to treatment, a reasonable estimate of charges
114 for medical care.
115 A patient has the right to receive a copy of a
116 reasonably clear and understandable, itemized bill
117 and, upon request, to have the charges explained.
118 A patient has the right to impartial access to
119 medical treatment or accommodations, regardless of
120 race, national origin, religion, handicap, or source
121 of payment.
122 A patient has the right to treatment for any
123 emergency medical condition that will deteriorate from
124 failure to provide treatment.
125 A patient shall not be denied admission, care, or
126 services by a health care facility based solely on the
127 patient’s vaccination status.
128 A patient has the right to know if medical
129 treatment is for purposes of experimental research and
130 to give his or her consent or refusal to participate
131 in such experimental research.
132 A patient has the right to express grievances
133 regarding any violation of his or her rights, as
134 stated in Florida law, through the grievance procedure
135 of the health care provider or health care facility
136 which served him or her and to the appropriate state
137 licensing agency.
138 A patient is responsible for providing to the
139 health care provider, to the best of his or her
140 knowledge, accurate and complete information about
141 present complaints, past illnesses, hospitalizations,
142 medications, and other matters relating to his or her
143 health.
144 A patient is responsible for reporting unexpected
145 changes in his or her condition to the health care
146 provider.
147 A patient is responsible for reporting to the
148 health care provider whether he or she comprehends a
149 contemplated course of action and what is expected of
150 him or her.
151 A patient is responsible for following the
152 treatment plan recommended by the health care
153 provider.
154 A patient is responsible for keeping appointments
155 and, when he or she is unable to do so for any reason,
156 for notifying the health care provider or health care
157 facility.
158 A patient is responsible for his or her actions
159 if he or she refuses treatment or does not follow the
160 health care provider’s instructions.
161 A patient is responsible for assuring that the
162 financial obligations of his or her health care are
163 fulfilled as promptly as possible.
164 A patient is responsible for following health
165 care facility rules and regulations affecting patient
166 care and conduct.
167
168 Section 5. Paragraphs (b), (e), and (f) of subsection (8)
169 of section 381.986, Florida Statutes, are amended to read:
170 381.986 Medical use of marijuana.—
171 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
172 (b) An applicant for licensure as a medical marijuana
173 treatment center must shall apply to the department on a form
174 prescribed by the department and adopted in rule. The department
175 shall adopt rules pursuant to ss. 120.536(1) and 120.54
176 establishing a procedure for the issuance and biennial renewal
177 of licenses, including initial application and biennial renewal
178 fees sufficient to cover the costs of implementing and
179 administering this section, and establishing supplemental
180 licensure fees for payment beginning May 1, 2018, sufficient to
181 cover the costs of administering ss. 381.989 and 1004.4351. The
182 department shall identify applicants with strong diversity plans
183 reflecting this state’s commitment to diversity and implement
184 training programs and other educational programs to enable
185 minority persons and minority business enterprises, as defined
186 in s. 288.703, and veteran business enterprises, as defined in
187 s. 295.187, to compete for medical marijuana treatment center
188 licensure and contracts. Subject to the requirements in
189 subparagraphs (a)2.-4., the department shall issue a license to
190 an applicant if the applicant meets the requirements of this
191 section and pays the initial application fee. The department
192 shall renew the licensure of a medical marijuana treatment
193 center biennially if the licensee meets the requirements of this
194 section and pays the biennial renewal fee. However, the
195 department may not renew the license of a medical marijuana
196 treatment center that has not begun to cultivate, process, and
197 dispense marijuana by the date that the medical marijuana
198 treatment center is required to renew its license. An individual
199 may not be an applicant, owner, officer, board member, or
200 manager on more than one application for licensure as a medical
201 marijuana treatment center. An individual or entity may not be
202 awarded more than one license as a medical marijuana treatment
203 center. An applicant for licensure as a medical marijuana
204 treatment center must demonstrate:
205 1. That, for the 5 consecutive years before submitting the
206 application, the applicant has been registered to do business in
207 this the state.
208 2. Possession of a valid certificate of registration issued
209 by the Department of Agriculture and Consumer Services pursuant
210 to s. 581.131.
211 3. The technical and technological ability to cultivate and
212 produce marijuana, including, but not limited to, low-THC
213 cannabis.
214 4. The ability to secure the premises, resources, and
215 personnel necessary to operate as a medical marijuana treatment
216 center.
217 5. The ability to maintain accountability of all raw
218 materials, finished products, and any byproducts to prevent
219 diversion or unlawful access to or possession of these
220 substances.
221 6. An infrastructure reasonably located to dispense
222 marijuana to registered qualified patients statewide or
223 regionally as determined by the department.
224 7. The financial ability to maintain operations for the
225 duration of the 2-year approval cycle, including the provision
226 of certified financial statements to the department.
227 a. Upon approval, the applicant must post a $5 million
228 performance bond issued by an authorized surety insurance
229 company rated in one of the three highest rating categories by a
230 nationally recognized rating service. However, a medical
231 marijuana treatment center serving at least 1,000 qualified
232 patients is only required to maintain a $2 million performance
233 bond.
234 b. In lieu of the performance bond required under sub
235 subparagraph a., the applicant may provide an irrevocable letter
236 of credit payable to the department or provide cash to the
237 department. If provided with cash under this sub-subparagraph,
238 the department must shall deposit the cash in the Grants and
239 Donations Trust Fund within the Department of Health, subject to
240 the same conditions as the bond regarding requirements for the
241 applicant to forfeit ownership of the funds. If the funds
242 deposited under this sub-subparagraph generate interest, the
243 amount of that interest must shall be used by the department for
244 the administration of this section.
245 8. That all owners, officers, board members, and managers
246 have passed a background screening pursuant to subsection (9).
247 As used in this subparagraph, the term:
248 a. “Manager” means any person with the authority to
249 exercise or contribute to the operational control, direction, or
250 management of an applicant or a medical marijuana treatment
251 center or who has authority to supervise any employee of an
252 applicant or a medical marijuana treatment center. The term
253 includes an individual with the power or authority to direct or
254 influence the direction or operation of an applicant or a
255 medical marijuana treatment center through board membership, an
256 agreement, or a contract.
257 b. “Owner” means any person who owns or controls a 5
258 percent or greater share of interests of the applicant or a
259 medical marijuana treatment center which include beneficial or
260 voting rights to interests. In the event that one person owns a
261 beneficial right to interests and another person holds the
262 voting rights with respect to such interests, then in such case,
263 both are considered the owner of such interests.
264 9. The employment of a medical director to supervise the
265 activities of the medical marijuana treatment center.
266 10. A diversity plan that promotes and ensures the
267 involvement of minority persons and minority business
268 enterprises, as defined in s. 288.703, or veteran business
269 enterprises, as defined in s. 295.187, in ownership, management,
270 and employment. An applicant for licensure renewal must show the
271 effectiveness of the diversity plan by including the following
272 with his or her application for renewal:
273 a. Representation of minority persons and veterans in the
274 medical marijuana treatment center’s workforce;
275 b. Efforts to recruit minority persons and veterans for
276 employment; and
277 c. A record of contracts for services with minority
278 business enterprises and veteran business enterprises.
279 (e) A licensed medical marijuana treatment center shall
280 cultivate, process, transport, and dispense marijuana for
281 medical use. A licensed medical marijuana treatment center may
282 not contract for services directly related to the cultivation,
283 processing, and dispensing of marijuana or marijuana delivery
284 devices, except that a medical marijuana treatment center
285 licensed pursuant to subparagraph (a)1. may contract with a
286 single entity for the cultivation, processing, transporting, and
287 dispensing of marijuana and marijuana delivery devices. A
288 licensed medical marijuana treatment center shall must, at all
289 times, maintain compliance with the criteria demonstrated and
290 representations made in the initial application and the criteria
291 established in this subsection. Upon request, the department may
292 grant a medical marijuana treatment center a variance from the
293 representations made in the initial application. Consideration
294 of such a request must shall be based upon the individual facts
295 and circumstances surrounding the request. A variance may not be
296 granted unless the requesting medical marijuana treatment center
297 can demonstrate to the department that it has a proposed
298 alternative to the specific representation made in its
299 application which fulfills the same or a similar purpose as the
300 specific representation in a way that the department can
301 reasonably determine will not be a lower standard than the
302 specific representation in the application. A variance may not
303 be granted from the requirements in subparagraph 2. and
304 subparagraphs (b)1. and 2.
305 1. A licensed medical marijuana treatment center may
306 transfer ownership to an individual or entity who meets the
307 requirements of this section. A publicly traded corporation or
308 publicly traded company that meets the requirements of this
309 section is not precluded from ownership of a medical marijuana
310 treatment center. To accommodate a change in ownership:
311 a. The licensed medical marijuana treatment center shall
312 notify the department in writing at least 60 days before the
313 anticipated date of the change of ownership.
314 b. The individual or entity applying for initial licensure
315 due to a change of ownership must submit an application that
316 must be received by the department at least 60 days before the
317 date of change of ownership.
318 c. Upon receipt of an application for a license, the
319 department shall examine the application and, within 30 days
320 after receipt, notify the applicant in writing of any apparent
321 errors or omissions and request any additional information
322 required.
323 d. Requested information omitted from an application for
324 licensure must be filed with the department within 21 days after
325 the department’s request for omitted information or the
326 application will shall be deemed incomplete and shall be
327 withdrawn from further consideration and the fees shall be
328 forfeited.
329 e. Within 30 days after the receipt of a complete
330 application, the department shall approve or deny the
331 application.
332 2. A medical marijuana treatment center, and any individual
333 or entity who directly or indirectly owns, controls, or holds
334 with power to vote 5 percent or more of the voting shares of a
335 medical marijuana treatment center, may not acquire direct or
336 indirect ownership or control of any voting shares or other form
337 of ownership of any other medical marijuana treatment center.
338 3. A medical marijuana treatment center may not enter into
339 any form of profit-sharing arrangement with the property owner
340 or lessor of any of its facilities where cultivation,
341 processing, storing, or dispensing of marijuana and marijuana
342 delivery devices occurs.
343 4. All employees of a medical marijuana treatment center
344 must be 21 years of age or older and have passed a background
345 screening pursuant to subsection (9). As used in this
346 subparagraph, the term “employee” means any person employed by a
347 medical marijuana treatment center licensee in any capacity,
348 including those whose duties involve any aspect of the
349 cultivation, processing, transportation, or dispensing of
350 marijuana. This requirement applies to all employees, regardless
351 of the compensation received.
352 5. Each medical marijuana treatment center must adopt and
353 enforce policies and procedures to ensure employees and
354 volunteers receive training on the legal requirements to
355 dispense marijuana to qualified patients.
356 6. When growing marijuana, a medical marijuana treatment
357 center:
358 a. May use pesticides determined by the department, after
359 consultation with the Department of Agriculture and Consumer
360 Services, to be safely applied to plants intended for human
361 consumption, but may not use pesticides designated as
362 restricted-use pesticides pursuant to s. 487.042.
363 b. Must grow marijuana within an enclosed structure and in
364 a room separate from any other plant.
365 c. Must inspect seeds and growing plants for plant pests
366 that endanger or threaten the horticultural and agricultural
367 interests of the state in accordance with chapter 581 and any
368 rules adopted thereunder.
369 d. Must perform fumigation or treatment of plants, or
370 remove and destroy infested or infected plants, in accordance
371 with chapter 581 and any rules adopted thereunder.
372 7. Each medical marijuana treatment center must produce and
373 make available for purchase at least one low-THC cannabis
374 product.
375 8. A medical marijuana treatment center that produces
376 edibles must hold a permit to operate as a food establishment
377 pursuant to chapter 500, the Florida Food Safety Act, and must
378 comply with all the requirements for food establishments
379 pursuant to chapter 500 and any rules adopted thereunder.
380 Edibles may not contain more than 200 milligrams of
381 tetrahydrocannabinol, and a single serving portion of an edible
382 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
383 may not have a potency variance of no greater than 15 percent.
384 Marijuana products, including edibles, may not be attractive to
385 children; be manufactured in the shape of humans, cartoons, or
386 animals; be manufactured in a form that bears any reasonable
387 resemblance to products available for consumption as
388 commercially available candy; or contain any color additives. To
389 discourage consumption of edibles by children, the department
390 shall determine by rule any shapes, forms, and ingredients
391 allowed and prohibited for edibles. Medical marijuana treatment
392 centers may not begin processing or dispensing edibles until
393 after the effective date of the rule. The department shall also
394 adopt sanitation rules providing the standards and requirements
395 for the storage, display, or dispensing of edibles.
396 9. Within 12 months after licensure, a medical marijuana
397 treatment center must demonstrate to the department that all of
398 its processing facilities have passed a Food Safety Good
399 Manufacturing Practices, such as Global Food Safety Initiative
400 or equivalent, inspection by a nationally accredited certifying
401 body. A medical marijuana treatment center must immediately stop
402 processing at any facility which fails to pass this inspection
403 until it demonstrates to the department that such facility has
404 met this requirement.
405 10. A medical marijuana treatment center that produces
406 prerolled marijuana cigarettes may not use wrapping paper made
407 with tobacco or hemp.
408 11. When processing marijuana, a medical marijuana
409 treatment center must:
410 a. Process the marijuana within an enclosed structure and
411 in a room separate from other plants or products.
412 b. Comply with department rules when processing marijuana
413 with hydrocarbon solvents or other solvents or gases exhibiting
414 potential toxicity to humans. The department shall determine by
415 rule the requirements for medical marijuana treatment centers to
416 use such solvents or gases exhibiting potential toxicity to
417 humans.
418 c. Comply with federal and state laws and regulations and
419 department rules for solid and liquid wastes. The department
420 shall determine by rule procedures for the storage, handling,
421 transportation, management, and disposal of solid and liquid
422 waste generated during marijuana production and processing. The
423 Department of Environmental Protection shall assist the
424 department in developing such rules.
425 d. Test the processed marijuana using a medical marijuana
426 testing laboratory before it is dispensed. Results must be
427 verified and signed by two medical marijuana treatment center
428 employees. Before dispensing, the medical marijuana treatment
429 center must determine that the test results indicate that low
430 THC cannabis meets the definition of low-THC cannabis, the
431 concentration of tetrahydrocannabinol meets the potency
432 requirements of this section, the labeling of the concentration
433 of tetrahydrocannabinol and cannabidiol is accurate, and all
434 marijuana is safe for human consumption and free from
435 contaminants that are unsafe for human consumption. The
436 department shall determine by rule which contaminants must be
437 tested for and the maximum levels of each contaminant which are
438 safe for human consumption. The Department of Agriculture and
439 Consumer Services shall assist the department in developing the
440 testing requirements for contaminants that are unsafe for human
441 consumption in edibles. The department shall also determine by
442 rule the procedures for the treatment of marijuana that fails to
443 meet the testing requirements of this section, s. 381.988, or
444 department rule. The department may select samples of marijuana
445 from a medical marijuana treatment center facility which shall
446 be tested by the department to determine whether the marijuana
447 meets the potency requirements of this section, is safe for
448 human consumption, and is accurately labeled with the
449 tetrahydrocannabinol and cannabidiol concentration or to verify
450 the result of marijuana testing conducted by a marijuana testing
451 laboratory. The department may also select samples of marijuana
452 delivery devices from a medical marijuana treatment center to
453 determine whether the marijuana delivery device is safe for use
454 by qualified patients. A medical marijuana treatment center may
455 not require payment from the department for the sample. A
456 medical marijuana treatment center must recall marijuana,
457 including all marijuana and marijuana products made from the
458 same batch of marijuana, that fails to meet the potency
459 requirements of this section, that is unsafe for human
460 consumption, or for which the labeling of the
461 tetrahydrocannabinol and cannabidiol concentration is
462 inaccurate. The department shall adopt rules to establish
463 marijuana potency variations of no greater than 15 percent using
464 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
465 for, but is not limited to, time lapses between testing, testing
466 methods, testing instruments, and types of marijuana sampled for
467 testing. The department may not issue any recalls for product
468 potency as it relates to product labeling before issuing a rule
469 relating to potency variation standards. A medical marijuana
470 treatment center must also recall all marijuana delivery devices
471 determined to be unsafe for use by qualified patients. The
472 medical marijuana treatment center must retain records of all
473 testing and samples of each homogeneous batch of marijuana for
474 at least 9 months. The medical marijuana treatment center must
475 contract with a marijuana testing laboratory to perform audits
476 on the medical marijuana treatment center’s standard operating
477 procedures, testing records, and samples and provide the results
478 to the department to confirm that the marijuana or low-THC
479 cannabis meets the requirements of this section and that the
480 marijuana or low-THC cannabis is safe for human consumption. A
481 medical marijuana treatment center shall reserve two processed
482 samples from each batch and retain such samples for at least 9
483 months for the purpose of such audits. A medical marijuana
484 treatment center may use a laboratory that has not been
485 certified by the department under s. 381.988 until such time as
486 at least one laboratory holds the required certification, but in
487 no event later than July 1, 2018.
488 e. Package the marijuana in compliance with the United
489 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
490 1471 et seq.
491 f. Package the marijuana in a receptacle that has a firmly
492 affixed and legible label stating the following information:
493 (I) The marijuana or low-THC cannabis meets the
494 requirements of sub-subparagraph d.
495 (II) The name of the medical marijuana treatment center
496 from which the marijuana originates.
497 (III) The batch number and harvest number from which the
498 marijuana originates and the date dispensed.
499 (IV) The name of the physician who issued the physician
500 certification.
501 (V) The name of the patient.
502 (VI) The product name, if applicable, and dosage form,
503 including concentration of tetrahydrocannabinol and cannabidiol.
504 The product name may not contain wording commonly associated
505 with products that are attractive to children or which promote
506 the recreational use of marijuana.
507 (VII) The recommended dose.
508 (VIII) A warning that it is illegal to transfer medical
509 marijuana to another person.
510 (IX) A marijuana universal symbol developed by the
511 department.
512 12. The medical marijuana treatment center shall include in
513 each package a patient package insert with information on the
514 specific product dispensed related to:
515 a. Clinical pharmacology.
516 b. Indications and use.
517 c. Dosage and administration.
518 d. Dosage forms and strengths.
519 e. Contraindications.
520 f. Warnings and precautions.
521 g. Adverse reactions.
522 13. In addition to the packaging and labeling requirements
523 specified in subparagraphs 11. and 12., marijuana in a form for
524 smoking must be packaged in a sealed receptacle with a legible
525 and prominent warning to keep away from children and a warning
526 that states marijuana smoke contains carcinogens and may
527 negatively affect health. Such receptacles for marijuana in a
528 form for smoking must be plain, opaque, and white without
529 depictions of the product or images other than the medical
530 marijuana treatment center’s department-approved logo and the
531 marijuana universal symbol.
532 14. The department shall adopt rules to regulate the types,
533 appearance, and labeling of marijuana delivery devices dispensed
534 from a medical marijuana treatment center. The rules must
535 require marijuana delivery devices to have an appearance
536 consistent with medical use.
537 15. Each edible must be individually sealed in plain,
538 opaque wrapping marked only with the marijuana universal symbol.
539 Where practical, each edible must be marked with the marijuana
540 universal symbol. In addition to the packaging and labeling
541 requirements in subparagraphs 11. and 12., edible receptacles
542 must be plain, opaque, and white without depictions of the
543 product or images other than the medical marijuana treatment
544 center’s department-approved logo and the marijuana universal
545 symbol. The receptacle must also include a list of all the
546 edible’s ingredients, storage instructions, an expiration date,
547 a legible and prominent warning to keep away from children and
548 pets, and a warning that the edible has not been produced or
549 inspected pursuant to federal food safety laws.
550 16. When dispensing marijuana or a marijuana delivery
551 device, a medical marijuana treatment center:
552 a. May dispense any active, valid order for low-THC
553 cannabis, medical cannabis and cannabis delivery devices issued
554 pursuant to former s. 381.986, Florida Statutes 2016, which was
555 entered into the medical marijuana use registry before July 1,
556 2017.
557 b. May not dispense more than a 70-day supply of marijuana
558 within any 70-day period to a qualified patient or caregiver.
559 May not dispense more than one 35-day supply of marijuana in a
560 form for smoking within any 35-day period to a qualified patient
561 or caregiver. A 35-day supply of marijuana in a form for smoking
562 may not exceed 2.5 ounces unless an exception to this amount is
563 approved by the department pursuant to paragraph (4)(f).
564 c. Must have the medical marijuana treatment center’s
565 employee who dispenses the marijuana or a marijuana delivery
566 device enter into the medical marijuana use registry his or her
567 name or unique employee identifier.
568 d. Must verify that the qualified patient and the
569 caregiver, if applicable, each have an active registration in
570 the medical marijuana use registry and an active and valid
571 medical marijuana use registry identification card, the amount
572 and type of marijuana dispensed matches the physician
573 certification in the medical marijuana use registry for that
574 qualified patient, and the physician certification has not
575 already been filled.
576 e. May not dispense marijuana to a qualified patient who is
577 younger than 18 years of age. If the qualified patient is
578 younger than 18 years of age, marijuana may only be dispensed to
579 the qualified patient’s caregiver.
580 f. May not dispense or sell any other type of cannabis,
581 alcohol, or illicit drug-related product, including pipes or
582 wrapping papers made with tobacco or hemp, other than a
583 marijuana delivery device required for the medical use of
584 marijuana and which is specified in a physician certification.
585 g. Must, upon dispensing the marijuana or marijuana
586 delivery device, record in the registry the date, time,
587 quantity, and form of marijuana dispensed; the type of marijuana
588 delivery device dispensed; and the name and medical marijuana
589 use registry identification number of the qualified patient or
590 caregiver to whom the marijuana delivery device was dispensed.
591 h. Must ensure that patient records are not visible to
592 anyone other than the qualified patient, his or her caregiver,
593 and authorized medical marijuana treatment center employees.
594 (f) To ensure the safety and security of premises where the
595 cultivation, processing, storing, or dispensing of marijuana
596 occurs, and to maintain adequate controls against the diversion,
597 theft, and loss of marijuana or marijuana delivery devices, a
598 medical marijuana treatment center shall:
599 1.a. Maintain a fully operational security alarm system
600 that secures all entry points and perimeter windows and is
601 equipped with motion detectors; pressure switches; and duress,
602 panic, and hold-up alarms; and
603 b. Maintain a video surveillance system that records
604 continuously 24 hours a day and meets the following criteria:
605 (I) Cameras are fixed in a place that allows for the clear
606 identification of persons and activities in controlled areas of
607 the premises. Controlled areas include grow rooms, processing
608 rooms, storage rooms, disposal rooms or areas, and point-of-sale
609 rooms.
610 (II) Cameras are fixed in entrances and exits to the
611 premises, which must shall record from both indoor and outdoor,
612 or ingress and egress, vantage points.
613 (III) Recorded images must clearly and accurately display
614 the time and date.
615 (IV) Retain video surveillance recordings for at least 45
616 days or longer upon the request of a law enforcement agency.
617 2. Ensure that the medical marijuana treatment center’s
618 outdoor premises have sufficient lighting from dusk until dawn.
619 3. Ensure that the indoor premises where dispensing occurs
620 includes a waiting area with sufficient space and seating to
621 accommodate qualified patients and caregivers and at least one
622 private consultation area that is isolated from the waiting area
623 and area where dispensing occurs. A medical marijuana treatment
624 center may not display products or dispense marijuana or
625 marijuana delivery devices in the waiting area.
626 4. Not dispense from its premises marijuana or a marijuana
627 delivery device between the hours of 9 p.m. and 7 a.m., but may
628 perform all other operations and deliver marijuana to qualified
629 patients 24 hours a day.
630 5. Store marijuana in a secured, locked room or a vault.
631 6. Require at least two of its employees, or two employees
632 of a security agency with whom it contracts, to be on the
633 premises at all times where cultivation, processing, or storing
634 of marijuana occurs.
635 7. Require each employee or contractor to wear a photo
636 identification badge at all times while on the premises.
637 8. Require each visitor to wear a visitor pass at all times
638 while on the premises.
639 9. Implement an alcohol and drug-free workplace policy.
640 10. Report to local law enforcement and notify the
641 department through e-mail within 24 hours after the medical
642 marijuana treatment center is notified or becomes aware of any
643 actual or attempted the theft, diversion, or loss of marijuana.
644 Section 6. Paragraph (d) of subsection (1) of section
645 381.988, Florida Statutes, is amended to read:
646 381.988 Medical marijuana testing laboratories; marijuana
647 tests conducted by a certified laboratory.—
648 (1) A person or entity seeking to be a certified marijuana
649 testing laboratory must:
650 (d) Require all employees, owners, and managers to submit
651 to and pass a level 2 background screening pursuant to chapter
652 435. The department shall deny certification if the person or
653 entity seeking certification has a disqualifying offense as
654 provided in s. 435.04 or has an arrest awaiting final
655 disposition for, has been found guilty of, or has entered a plea
656 of guilty or nolo contendere to, regardless of adjudication, any
657 offense listed in chapter 837, chapter 895, or chapter 896 or
658 similar law of another jurisdiction. Exemptions from
659 disqualification as provided under s. 435.07 do not apply to
660 this paragraph.
661 1. As used in this paragraph, the term:
662 a. “Employee” means any person whose duties or activities
663 involve any aspect of regulatory compliance testing or research
664 and development testing of marijuana for a certified marijuana
665 testing laboratory, regardless of whether such person is
666 compensated for his or her work.
667 b. “Manager” means any person with authority to exercise or
668 contribute to the operational control, direction, or management
669 of an applicant or certified marijuana testing laboratory or who
670 has authority to supervise any employee of an applicant or a
671 certified marijuana testing laboratory. The term includes an
672 individual with the power or authority to direct or influence
673 the direction or operation of an applicant or a certified
674 marijuana testing laboratory through board membership, an
675 agreement, or a contract.
676 c. “Owner” means any person who owns or controls a 5
677 percent or greater share of interests of the applicant or a
678 certified marijuana testing laboratory which include beneficial
679 or voting rights to interests. In the event that one person owns
680 a beneficial right to interests and another person holds the
681 voting rights with respect to such interests, then in such case,
682 both are considered the owner of such interests.
683 2. Such employees, owners, and managers must submit a full
684 set of fingerprints to the department or to a vendor, entity, or
685 agency authorized by s. 943.053(13). The department, vendor,
686 entity, or agency shall forward the fingerprints to the
687 Department of Law Enforcement for state processing, and the
688 Department of Law Enforcement shall forward the fingerprints to
689 the Federal Bureau of Investigation for national processing.
690 3.2. Fees for state and federal fingerprint processing and
691 retention must shall be borne by the certified marijuana testing
692 laboratory. The state cost for fingerprint processing is shall
693 be as provided in s. 943.053(3)(e) for records provided to
694 persons or entities other than those specified as exceptions
695 therein.
696 4.3. Fingerprints submitted to the Department of Law
697 Enforcement pursuant to this paragraph must shall be retained by
698 the Department of Law Enforcement as provided in s. 943.05(2)(g)
699 and (h) and, when the Department of Law Enforcement begins
700 participation in the program, enrolled in the Federal Bureau of
701 Investigation’s national retained print arrest notification
702 program. Any arrest record identified must shall be reported to
703 the department.
704 Section 7. Paragraphs (a) and (c) of subsection (2) of
705 section 456.0145, Florida Statutes, are amended to read:
706 456.0145 Mobile Opportunity by Interstate Licensure
707 Endorsement (MOBILE) Act.—
708 (2) LICENSURE BY ENDORSEMENT.—
709 (a) An applicable board, or the department if there is no
710 board, shall issue a license to practice in this state to an
711 applicant who meets all of the following criteria:
712 1. Submits a complete application.
713 2. Holds an active, unencumbered license issued by another
714 state, the District of Columbia, or a territory of the United
715 States in a profession with a similar scope of practice, as
716 determined by the board or department, as applicable. The term
717 “scope of practice” means the full spectrum of functions,
718 procedures, actions, and services that a health care
719 practitioner is deemed competent and authorized to perform under
720 a license issued in this state.
721 3.a. Has obtained a passing score on a national licensure
722 examination or holds a national certification recognized by the
723 board, or the department if there is no board, as applicable to
724 the profession for which the applicant is seeking licensure in
725 this state; or
726 b. Meets the requirements of paragraph (b).
727 4. Has actively practiced the profession for which the
728 applicant is applying for at least 2 3 years during the 4-year
729 period immediately preceding the date of submission of the
730 application.
731 5. Attests that he or she is not, at the time of submission
732 of the application, the subject of a disciplinary proceeding in
733 a jurisdiction in which he or she holds a license or by the
734 United States Department of Defense for reasons related to the
735 practice of the profession for which he or she is applying.
736 6. Has not had disciplinary action taken against him or her
737 in the 5 years immediately preceding the date of submission of
738 the application.
739 7. Meets the financial responsibility requirements of s.
740 456.048 or the applicable practice act, if required for the
741 profession for which the applicant is seeking licensure.
742 8. Submits a set of fingerprints for a background screening
743 pursuant to s. 456.0135, if required for the profession for
744 which he or she is applying.
745
746 The department shall verify information submitted by the
747 applicant under this subsection using the National Practitioner
748 Data Bank, as applicable.
749 (c) A person is ineligible for a license under this section
750 if he or she:
751 1. Has a complaint, an allegation, or an investigation
752 pending before a licensing entity in another state, the District
753 of Columbia, or a possession or territory of the United States;
754 2. Has been convicted of or pled nolo contendere to,
755 regardless of adjudication, any felony or misdemeanor related to
756 the practice of a health care profession;
757 3. Has had a health care provider license revoked or
758 suspended by another state, the District of Columbia, or a
759 territory of the United States, or has voluntarily surrendered
760 any such license in lieu of having disciplinary action taken
761 against the license; or
762 4. Has been reported to the National Practitioner Data
763 Bank, unless the applicant has successfully appealed to have his
764 or her name removed from the data bank. If the reported adverse
765 action was a result of conduct that would not constitute a
766 violation of any law or rule in this state, the board, or the
767 department if there is no board, may:
768 a. Approve the application;
769 b. Approve the application with restrictions on the scope
770 of practice of the licensee;
771 c. Approve the application with placement of the licensee
772 on probation for a period of time and subject to such conditions
773 as the board, or the department if there is no board, may
774 specify, including, but not limited to, requiring the applicant
775 to submit to treatment, attend continuing education courses, or
776 submit to reexamination; or
777 d. Deny the application.
778 Section 8. Paragraph (d) of subsection (1) and subsection
779 (3) of section 456.44, Florida Statutes, are amended to read:
780 456.44 Controlled substance prescribing.—
781 (1) DEFINITIONS.—As used in this section, the term:
782 (d) “Board-certified pain management physician” means a
783 physician who possesses board certification in pain medicine by
784 the American Board of Pain Medicine, board certification by the
785 American Board of Interventional Pain Physicians, or board
786 certification or subcertification in pain management or pain
787 medicine by a specialty board recognized by the American Board
788 of Physician Specialties American Association of Physician
789 Specialists or the American Board of Medical Specialties or an
790 osteopathic physician who holds a certificate in Pain Management
791 by the American Osteopathic Association.
792 (3) STANDARDS OF PRACTICE FOR TREATMENT OF CHRONIC
793 NONMALIGNANT PAIN.—The standards of practice in this section do
794 not supersede the level of care, skill, and treatment recognized
795 in general law related to health care licensure.
796 (a) A complete medical history and a physical examination
797 must be conducted before beginning any treatment and must be
798 documented in the medical record. The exact components of the
799 physical examination shall be left to the judgment of the
800 registrant who is expected to perform a physical examination
801 proportionate to the diagnosis that justifies a treatment. The
802 medical record must, at a minimum, document the nature and
803 intensity of the pain, current and past treatments for pain,
804 underlying or coexisting diseases or conditions, the effect of
805 the pain on physical and psychological function, a review of
806 previous medical records, previous diagnostic studies, and
807 history of alcohol and substance abuse. The medical record shall
808 also document the presence of one or more recognized medical
809 indications for the use of a controlled substance. Each
810 registrant must develop a written plan for assessing each
811 patient’s risk of aberrant drug-related behavior, which may
812 include patient drug testing. Registrants must assess each
813 patient’s risk for aberrant drug-related behavior and monitor
814 that risk on an ongoing basis in accordance with the plan.
815 (b) Each registrant must develop a written individualized
816 treatment plan for each patient. The treatment plan shall state
817 objectives that will be used to determine treatment success,
818 such as pain relief and improved physical and psychosocial
819 function, and shall indicate if any further diagnostic
820 evaluations or other treatments are planned. After treatment
821 begins, the registrant shall adjust drug therapy to the
822 individual medical needs of each patient. Other treatment
823 modalities, including a rehabilitation program, shall be
824 considered depending on the etiology of the pain and the extent
825 to which the pain is associated with physical and psychosocial
826 impairment. The interdisciplinary nature of the treatment plan
827 shall be documented.
828 (c) The registrant shall discuss the risks and benefits of
829 the use of controlled substances, including the risks of abuse
830 and addiction, as well as physical dependence and its
831 consequences, with the patient, persons designated by the
832 patient, or the patient’s surrogate or guardian if the patient
833 is incompetent. The registrant shall use a written controlled
834 substance agreement between the registrant and the patient
835 outlining the patient’s responsibilities, including, but not
836 limited to:
837 1. Number and frequency of controlled substance
838 prescriptions and refills.
839 2. Patient compliance and reasons for which drug therapy
840 may be discontinued, such as a violation of the agreement.
841 3. An agreement that controlled substances for the
842 treatment of chronic nonmalignant pain shall be prescribed by a
843 single treating registrant unless otherwise authorized by the
844 treating registrant and documented in the medical record.
845 (d) The patient shall be seen by the registrant at regular
846 intervals, not to exceed 3 months, to assess the efficacy of
847 treatment, ensure that controlled substance therapy remains
848 indicated, evaluate the patient’s progress toward treatment
849 objectives, consider adverse drug effects, and review the
850 etiology of the pain. Continuation or modification of therapy
851 shall depend on the registrant’s evaluation of the patient’s
852 progress. If treatment goals are not being achieved, despite
853 medication adjustments, the registrant shall reevaluate the
854 appropriateness of continued treatment. The registrant shall
855 monitor patient compliance in medication usage, related
856 treatment plans, controlled substance agreements, and
857 indications of substance abuse or diversion at a minimum of 3
858 month intervals.
859 (e) The registrant shall refer the patient as necessary for
860 additional evaluation and treatment in order to achieve
861 treatment objectives. Special attention shall be given to those
862 patients who are at risk for misusing their medications and
863 those whose living arrangements pose a risk for medication
864 misuse or diversion. The management of pain in patients with a
865 history of substance abuse or with a comorbid psychiatric
866 disorder requires extra care, monitoring, and documentation and
867 requires consultation with or referral to an addiction medicine
868 specialist or a psychiatrist.
869 (f) A registrant must maintain accurate, current, and
870 complete records that are accessible and readily available for
871 review and comply with the requirements of this section, the
872 applicable practice act, and applicable board rules. The medical
873 records must include, but are not limited to:
874 1. The complete medical history and a physical examination,
875 including history of drug abuse or dependence.
876 2. Diagnostic, therapeutic, and laboratory results.
877 3. Evaluations and consultations.
878 4. Treatment objectives.
879 5. Discussion of risks and benefits.
880 6. Treatments.
881 7. Medications, including date, type, dosage, and quantity
882 prescribed.
883 8. Instructions and agreements.
884 9. Periodic reviews.
885 10. Results of any drug testing.
886 11. A photocopy of the patient’s government-issued photo
887 identification.
888 12. If a written prescription for a controlled substance is
889 given to the patient, a duplicate of the prescription.
890 13. The registrant’s full name presented in a legible
891 manner.
892 (g) A registrant shall immediately refer patients with
893 signs or symptoms of substance abuse to a board-certified pain
894 management physician, an addiction medicine specialist, or a
895 mental health addiction facility as it pertains to drug abuse or
896 addiction unless the registrant is a physician who is board
897 certified or board-eligible in pain management. Throughout the
898 period of time before receiving the consultant’s report, a
899 prescribing registrant shall clearly and completely document
900 medical justification for continued treatment with controlled
901 substances and those steps taken to ensure medically appropriate
902 use of controlled substances by the patient. Upon receipt of the
903 consultant’s written report, the prescribing registrant shall
904 incorporate the consultant’s recommendations for continuing,
905 modifying, or discontinuing controlled substance therapy. The
906 resulting changes in treatment shall be specifically documented
907 in the patient’s medical record. Evidence or behavioral
908 indications of diversion shall be followed by discontinuation of
909 controlled substance therapy, and the patient shall be
910 discharged, and all results of testing and actions taken by the
911 registrant shall be documented in the patient’s medical record.
912
913 This subsection does not apply to a board-eligible or board
914 certified anesthesiologist, physiatrist, rheumatologist, or
915 neurologist, or to a board-certified physician who has surgical
916 privileges at a hospital or ambulatory surgery center and
917 primarily provides surgical services. This subsection does not
918 apply to a board-eligible or board-certified medical specialist
919 who has also completed a fellowship in pain medicine approved by
920 the Accreditation Council for Graduate Medical Education or the
921 American Osteopathic Association, or who is board eligible or
922 board certified in pain medicine by the American Board of Pain
923 Medicine, the American Board of Interventional Pain Physicians,
924 the American Board of Physician Specialties American Association
925 of Physician Specialists, or a board approved by the American
926 Board of Medical Specialties or the American Osteopathic
927 Association and performs interventional pain procedures of the
928 type routinely billed using surgical codes. This subsection does
929 not apply to a registrant who prescribes medically necessary
930 controlled substances for a patient during an inpatient stay in
931 a hospital licensed under chapter 395.
932 Section 9. Paragraph (i) of subsection (1) of section
933 458.3145, Florida Statutes, is amended to read:
934 458.3145 Medical faculty certificate.—
935 (1) A medical faculty certificate may be issued without
936 examination to an individual who meets all of the following
937 criteria:
938 (i) Has been offered and has accepted a full-time faculty
939 appointment to teach in a program of medicine at any of the
940 following institutions:
941 1. The University of Florida.
942 2. The University of Miami.
943 3. The University of South Florida.
944 4. The Florida State University.
945 5. The Florida International University.
946 6. The University of Central Florida.
947 7. The Mayo Clinic College of Medicine and Science in
948 Jacksonville, Florida.
949 8. The Florida Atlantic University.
950 9. The Johns Hopkins All Children’s Hospital in St.
951 Petersburg, Florida.
952 10. Nova Southeastern University.
953 11. Lake Erie College of Osteopathic Medicine in Bradenton,
954 Florida.
955 12. Burrell College of Osteopathic Medicine in Melbourne,
956 Florida.
957 13. The Orlando College of Osteopathic Medicine.
958 14. Lincoln Memorial University-DeBusk College of
959 Osteopathic Medicine in Orange Park, Florida.
960 Section 10. Subsection (1) of section 458.315, Florida
961 Statutes, is amended to read:
962 458.315 Temporary certificate for practice in areas of
963 critical need.—
964 (1) A physician or physician assistant who is licensed to
965 practice in any jurisdiction of the United States and whose
966 license is currently valid may be issued a temporary certificate
967 for practice in areas of critical need. A physician seeking such
968 certificate must pay an application fee of $300. A physician
969 assistant licensed to practice in any state of the United States
970 or the District of Columbia whose license is currently valid may
971 be issued a temporary certificate for practice in areas of
972 critical need.
973 Section 11. Subsection (1) of section 459.0076, Florida
974 Statutes, is amended to read:
975 459.0076 Temporary certificate for practice in areas of
976 critical need.—
977 (1) A physician or physician assistant who holds a valid
978 license to practice in any jurisdiction of the United States may
979 be issued a temporary certificate for practice in areas of
980 critical need. A physician seeking such certificate must pay an
981 application fee of $300. A physician assistant licensed to
982 practice in any state of the United States or the District of
983 Columbia whose license is currently valid may be issued a
984 temporary certificate for practice in areas of critical need.
985 Section 12. Paragraph (a) of subsection (1) of section
986 458.3265, Florida Statutes, is amended to read:
987 458.3265 Pain-management clinics.—
988 (1) REGISTRATION.—
989 (a)1. As used in this section, the term:
990 a. “Board eligible” means successful completion of an
991 anesthesia, physical medicine and rehabilitation, rheumatology,
992 or neurology residency program approved by the Accreditation
993 Council for Graduate Medical Education or the American
994 Osteopathic Association for a period of 6 years from successful
995 completion of such residency program.
996 b. “Chronic nonmalignant pain” means pain unrelated to
997 cancer which persists beyond the usual course of disease or the
998 injury that is the cause of the pain or more than 90 days after
999 surgery.
1000 c. “Pain-management clinic” or “clinic” means any publicly
1001 or privately owned facility:
1002 (I) That advertises in any medium for any type of pain
1003 management services; or
1004 (II) Where in any month a majority of patients are
1005 prescribed opioids, benzodiazepines, barbiturates, or
1006 carisoprodol for the treatment of chronic nonmalignant pain.
1007 2. Each pain-management clinic must register with the
1008 department or hold a valid certificate of exemption pursuant to
1009 subsection (2).
1010 3. The following clinics are exempt from the registration
1011 requirement of paragraphs (c)-(m) and must apply to the
1012 department for a certificate of exemption:
1013 a. A clinic licensed as a facility pursuant to chapter 395;
1014 b. A clinic in which the majority of the physicians who
1015 provide services in the clinic primarily provide surgical
1016 services;
1017 c. A clinic owned by a publicly held corporation whose
1018 shares are traded on a national exchange or on the over-the
1019 counter market and whose total assets at the end of the
1020 corporation’s most recent fiscal quarter exceeded $50 million;
1021 d. A clinic affiliated with an accredited medical school at
1022 which training is provided for medical students, residents, or
1023 fellows;
1024 e. A clinic that does not prescribe controlled substances
1025 for the treatment of pain;
1026 f. A clinic owned by a corporate entity exempt from federal
1027 taxation under 26 U.S.C. s. 501(c)(3);
1028 g. A clinic wholly owned and operated by one or more board
1029 eligible or board-certified anesthesiologists, physiatrists,
1030 rheumatologists, or neurologists; or
1031 h. A clinic wholly owned and operated by a physician
1032 multispecialty practice where one or more board-eligible or
1033 board-certified medical specialists, who have also completed
1034 fellowships in pain medicine approved by the Accreditation
1035 Council for Graduate Medical Education or who are also board
1036 certified in pain medicine by the American Board of Pain
1037 Medicine or a board approved by the American Board of Medical
1038 Specialties, the American Board of Physician Specialties
1039 American Association of Physician Specialists, or the American
1040 Osteopathic Association, perform interventional pain procedures
1041 of the type routinely billed using surgical codes.
1042 Section 13. Paragraph (a) of subsection (1) of section
1043 458.3475, Florida Statutes, is amended to read:
1044 458.3475 Anesthesiologist assistants.—
1045 (1) DEFINITIONS.—As used in this section, the term:
1046 (a) “Anesthesiologist” means an allopathic physician who
1047 holds an active, unrestricted license; who has successfully
1048 completed an anesthesiology training program approved by the
1049 Accreditation Council on Graduate Medical Education or its
1050 equivalent; and who is certified by the American Board of
1051 Anesthesiology, is eligible to take that board’s examination, or
1052 is certified by the Board of Certification in Anesthesiology
1053 affiliated with the American Board of Physician Specialties
1054 American Association of Physician Specialists.
1055 Section 14. Paragraph (a) of subsection (1) of section
1056 459.0137, Florida Statutes, is amended to read:
1057 459.0137 Pain-management clinics.—
1058 (1) REGISTRATION.—
1059 (a)1. As used in this section, the term:
1060 a. “Board eligible” means successful completion of an
1061 anesthesia, physical medicine and rehabilitation, rheumatology,
1062 or neurology residency program approved by the Accreditation
1063 Council for Graduate Medical Education or the American
1064 Osteopathic Association for a period of 6 years from successful
1065 completion of such residency program.
1066 b. “Chronic nonmalignant pain” means pain unrelated to
1067 cancer which persists beyond the usual course of disease or the
1068 injury that is the cause of the pain or more than 90 days after
1069 surgery.
1070 c. “Pain-management clinic” or “clinic” means any publicly
1071 or privately owned facility:
1072 (I) That advertises in any medium for any type of pain
1073 management services; or
1074 (II) Where in any month a majority of patients are
1075 prescribed opioids, benzodiazepines, barbiturates, or
1076 carisoprodol for the treatment of chronic nonmalignant pain.
1077 2. Each pain-management clinic must register with the
1078 department or hold a valid certificate of exemption pursuant to
1079 subsection (2).
1080 3. The following clinics are exempt from the registration
1081 requirement of paragraphs (c)-(m) and must apply to the
1082 department for a certificate of exemption:
1083 a. A clinic licensed as a facility pursuant to chapter 395;
1084 b. A clinic in which the majority of the physicians who
1085 provide services in the clinic primarily provide surgical
1086 services;
1087 c. A clinic owned by a publicly held corporation whose
1088 shares are traded on a national exchange or on the over-the
1089 counter market and whose total assets at the end of the
1090 corporation’s most recent fiscal quarter exceeded $50 million;
1091 d. A clinic affiliated with an accredited medical school at
1092 which training is provided for medical students, residents, or
1093 fellows;
1094 e. A clinic that does not prescribe controlled substances
1095 for the treatment of pain;
1096 f. A clinic owned by a corporate entity exempt from federal
1097 taxation under 26 U.S.C. s. 501(c)(3);
1098 g. A clinic wholly owned and operated by one or more board
1099 eligible or board-certified anesthesiologists, physiatrists,
1100 rheumatologists, or neurologists; or
1101 h. A clinic wholly owned and operated by a physician
1102 multispecialty practice where one or more board-eligible or
1103 board-certified medical specialists, who have also completed
1104 fellowships in pain medicine approved by the Accreditation
1105 Council for Graduate Medical Education or the American
1106 Osteopathic Association or who are also board-certified in pain
1107 medicine by the American Board of Pain Medicine or a board
1108 approved by the American Board of Medical Specialties, the
1109 American Board of Physician Specialties American Association of
1110 Physician Specialists, or the American Osteopathic Association,
1111 perform interventional pain procedures of the type routinely
1112 billed using surgical codes.
1113 Section 15. Paragraph (a) of subsection (1) of section
1114 459.023, Florida Statutes, is amended to read:
1115 459.023 Anesthesiologist assistants.—
1116 (1) DEFINITIONS.—As used in this section, the term:
1117 (a) “Anesthesiologist” means an osteopathic physician who
1118 holds an active, unrestricted license; who has successfully
1119 completed an anesthesiology training program approved by the
1120 Accreditation Council on Graduate Medical Education, or its
1121 equivalent, or the American Osteopathic Association; and who is
1122 certified by the American Osteopathic Board of Anesthesiology or
1123 is eligible to take that board’s examination, is certified by
1124 the American Board of Anesthesiology or is eligible to take that
1125 board’s examination, or is certified by the Board of
1126 Certification in Anesthesiology affiliated with the American
1127 Board of Physician Specialties American Association of Physician
1128 Specialists.
1129 Section 16. Subsection (4) of section 466.006, Florida
1130 Statutes, is amended to read:
1131 466.006 Examination of dentists.—
1132 (4) Notwithstanding any other provision of law in chapter
1133 456 pertaining to the clinical dental licensure examination or
1134 national examinations, to be licensed as a dentist in this
1135 state, an applicant must successfully complete all both of the
1136 following:
1137 (a) A written examination on the laws and rules of the
1138 state regulating the practice of dentistry.
1139 (b) A practical or clinical examination, which must be the
1140 American Dental Licensing Examination produced by the American
1141 Board of Dental Examiners, Inc., or its successor entity, if
1142 any, which is administered in this state, provided that the
1143 board has attained, and continues to maintain thereafter,
1144 representation on the board of directors of the American Board
1145 of Dental Examiners, the examination development committee of
1146 the American Board of Dental Examiners, and such other
1147 committees of the American Board of Dental Examiners as the
1148 board deems appropriate by rule to assure that the standards
1149 established herein are maintained organizationally.
1150 1. As an alternative to such practical or clinical
1151 examination, an applicant may submit scores from an American
1152 Dental Licensing Examination previously administered in a
1153 jurisdiction other than this state after October 1, 2011, and
1154 such examination results are recognized as valid for the purpose
1155 of licensure in this state. A passing score on the American
1156 Dental Licensing Examination administered out of state is the
1157 same as the passing score for the American Dental Licensing
1158 Examination administered in this state. The applicant must have
1159 completed the examination after October 1, 2011. This
1160 subparagraph may not be given retroactive application.
1161 2. If the date of an applicant’s passing American Dental
1162 Licensing Examination scores from an examination previously
1163 administered in a jurisdiction other than this state under
1164 subparagraph 1. is older than 365 days, such scores are
1165 nevertheless valid for the purpose of licensure in this state,
1166 but only if the applicant demonstrates that all of the following
1167 additional standards have been met:
1168 a. The applicant completed the American Dental Licensing
1169 Examination after October 1, 2011. This sub-subparagraph may not
1170 be given retroactive application.
1171 b. The applicant graduated from a dental school accredited
1172 by the American Dental Association Commission on Dental
1173 Accreditation or its successor entity, if any, or any other
1174 dental accrediting organization recognized by the United States
1175 Department of Education. Provided, however, if the applicant did
1176 not graduate from such a dental school, the applicant may submit
1177 proof of having successfully completed a full-time supplemental
1178 general dentistry program accredited by the American Dental
1179 Association Commission on Dental Accreditation of at least 2
1180 consecutive academic years at such accredited sponsoring
1181 institution. Such program must provide didactic and clinical
1182 education at the level of a D.D.S. or D.M.D. program accredited
1183 by the American Dental Association Commission on Dental
1184 Accreditation. For purposes of this sub-subparagraph, a
1185 supplemental general dentistry program does not include an
1186 advanced education program in a dental specialty.
1187 c. The applicant currently possesses a valid and active
1188 dental license in good standing, with no restriction, which has
1189 never been revoked, suspended, restricted, or otherwise
1190 disciplined, from another state or territory of the United
1191 States, the District of Columbia, or the Commonwealth of Puerto
1192 Rico.
1193 d. The applicant must disclose to the board during the
1194 application process if he or she has been reported to the
1195 National Practitioner Data Bank, the Healthcare Integrity and
1196 Protection Data Bank, or the American Association of Dental
1197 Boards Clearinghouse. This sub-subparagraph does not apply if
1198 the applicant successfully appealed to have his or her name
1199 removed from the data banks of these agencies.
1200 e.(I)(A) The applicant submits proof of having been
1201 consecutively engaged in the full-time practice of dentistry in
1202 another state or territory of the United States, the District of
1203 Columbia, or the Commonwealth of Puerto Rico in the 5 years
1204 immediately preceding the date of application for licensure in
1205 this state; or
1206 (B) If the applicant has been licensed in another state or
1207 territory of the United States, the District of Columbia, or the
1208 Commonwealth of Puerto Rico for less than 5 years, the applicant
1209 submits proof of having been engaged in the full-time practice
1210 of dentistry since the date of his or her initial licensure.
1211 (II) As used in this section, “full-time practice” is
1212 defined as a minimum of 1,200 hours per year for each year in
1213 the consecutive 5-year period or, when applicable, the period
1214 since initial licensure, and must include any combination of the
1215 following:
1216 (A) Active clinical practice of dentistry providing direct
1217 patient care.
1218 (B) Full-time practice as a faculty member employed by a
1219 dental or dental hygiene school approved by the board or
1220 accredited by the American Dental Association Commission on
1221 Dental Accreditation.
1222 (C) Full-time practice as a student at a postgraduate
1223 dental education program approved by the board or accredited by
1224 the American Dental Association Commission on Dental
1225 Accreditation.
1226 (III) The board shall develop rules to determine what type
1227 of proof of full-time practice is required and to recoup the
1228 cost to the board of verifying full-time practice under this
1229 section. Such proof must, at a minimum, be:
1230 (A) Admissible as evidence in an administrative proceeding;
1231 (B) Submitted in writing;
1232 (C) Further documented by an applicant’s annual income tax
1233 return filed with the Internal Revenue Service for each year in
1234 the preceding 5-year period or, if the applicant has been
1235 practicing for less than 5 years, the period since initial
1236 licensure; and
1237 (D) Specifically found by the board to be both credible and
1238 admissible.
1239 (IV) The board may excuse applicants from the 1,200-hour
1240 requirement in the event of hardship, as defined by the board.
1241 f. The applicant submits documentation that he or she has
1242 completed, or will complete before he or she is licensed in this
1243 state, continuing education equivalent to this state’s
1244 requirements for the last full reporting biennium.
1245 g. The applicant proves that he or she has never been
1246 convicted of, or pled nolo contendere to, regardless of
1247 adjudication, any felony or misdemeanor related to the practice
1248 of a health care profession in any jurisdiction.
1249 h. The applicant has successfully passed a written
1250 examination on the laws and rules of this state regulating the
1251 practice of dentistry and the computer-based diagnostic skills
1252 examination.
1253 i. The applicant submits documentation that he or she has
1254 successfully completed the applicable examination administered
1255 by the Joint Commission on National Dental Examinations or its
1256 successor organization.
1257 (c) The educational requirements provided under paragraph
1258 (2)(b) or subsection (3).
1259 Section 17. Section 486.112, Florida Statutes, is amended
1260 to read:
1261 486.112 Physical Therapy Licensure Compact.—The Physical
1262 Therapy Licensure Compact is hereby enacted into law and entered
1263 into by this state with all other jurisdictions legally joining
1264 therein in the form substantially as follows:
1265
1266 ARTICLE I
1267 PURPOSE AND OBJECTIVES
1268
1269 (1) The purpose of the compact is to facilitate interstate
1270 practice of physical therapy with the goal of improving public
1271 access to physical therapy services. The compact preserves the
1272 regulatory authority of member states to protect public health
1273 and safety through their current systems of state licensure. For
1274 purposes of state regulation under the compact, the practice of
1275 physical therapy is deemed to have occurred in the state where
1276 the patient is located at the time physical therapy is provided
1277 to the patient.
1278 (2) The compact is designed to achieve all of the following
1279 objectives:
1280 (a) Increase public access to physical therapy services by
1281 providing for the mutual recognition of other member state
1282 licenses.
1283 (b) Enhance the states’ ability to protect the public’s
1284 health and safety.
1285 (c) Encourage the cooperation of member states in
1286 regulating multistate physical therapy practice.
1287 (d) Support spouses of relocating military members.
1288 (e) Enhance the exchange of licensure, investigative, and
1289 disciplinary information between member states.
1290 (f) Allow a remote state to hold a provider of services
1291 with a compact privilege in that state accountable to that
1292 state’s practice standards.
1293
1294 ARTICLE II
1295 DEFINITIONS
1296
1297 As used in the compact, and except as otherwise provided,
1298 the term:
1299 (1) “Active duty military” means full-time duty status in
1300 the active uniformed service of the United States, including
1301 members of the National Guard and Reserve on active duty orders
1302 pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
1303 (2) “Adverse action” means disciplinary action taken by a
1304 physical therapy licensing board based upon misconduct,
1305 unacceptable performance, or a combination of both.
1306 (3) “Alternative program” means a nondisciplinary
1307 monitoring or practice remediation process approved by a state’s
1308 physical therapy licensing board. The term includes, but is not
1309 limited to, programs that address substance abuse issues.
1310 (4) “Compact privilege” means the authorization granted by
1311 a remote state to allow a licensee from another member state to
1312 practice as a physical therapist or physical therapist assistant
1313 in the remote state under its laws and rules.
1314 (5) “Continuing competence” means a requirement, as a
1315 condition of license renewal, to provide evidence of
1316 participation in, and completion of, educational and
1317 professional activities relevant to the practice of physical
1318 therapy.
1319 (6) “Data system” means the coordinated database and
1320 reporting system created by the Physical Therapy Compact
1321 Commission for the exchange of information between member states
1322 relating to licensees or applicants under the compact, including
1323 identifying information, licensure data, investigative
1324 information, adverse actions, nonconfidential information
1325 related to alternative program participation, any denials of
1326 applications for licensure, and other information as specified
1327 by commission rule.
1328 (7) “Encumbered license” means a license that a physical
1329 therapy licensing board has limited in any way.
1330 (8) “Executive board” means a group of directors elected or
1331 appointed to act on behalf of, and within the powers granted to
1332 them by, the commission.
1333 (9) “Home state” means the member state that is the
1334 licensee’s primary state of residence.
1335 (10) “Investigative information” means information,
1336 records, and documents received or generated by a physical
1337 therapy licensing board pursuant to an investigation.
1338 (11) “Jurisprudence requirement” means the assessment of an
1339 individual’s knowledge of the laws and rules governing the
1340 practice of physical therapy in a specific state.
1341 (12) “Licensee” means an individual who currently holds an
1342 authorization from a state to practice as a physical therapist
1343 or physical therapist assistant.
1344 (13) “Member state” means a state that has enacted the
1345 compact.
1346 (14) “Party state” means any member state in which a
1347 licensee holds a current license or compact privilege or is
1348 applying for a license or compact privilege.
1349 (15) “Physical therapist” means an individual licensed by a
1350 state to practice physical therapy.
1351 (16)(15) “Physical therapist assistant” means an individual
1352 licensed by a state to assist a physical therapist in specified
1353 areas of physical therapy.
1354 (17)(16) “Physical therapy” or “the practice of physical
1355 therapy” means the care and services provided by or under the
1356 direction and supervision of a licensed physical therapist.
1357 (18)(17) “Physical Therapy Compact Commission” or
1358 “commission” means the national administrative body whose
1359 membership consists of all states that have enacted the compact.
1360 (19)(18) “Physical therapy licensing board” means the
1361 agency of a state which is responsible for the licensing and
1362 regulation of physical therapists and physical therapist
1363 assistants.
1364 (20)(19) “Remote state” means a member state other than the
1365 home state where a licensee is exercising or seeking to exercise
1366 the compact privilege.
1367 (21)(20) “Rule” means a regulation, principle, or directive
1368 adopted by the commission which has the force of law.
1369 (22)(21) “State” means any state, commonwealth, district,
1370 or territory of the United States of America which regulates the
1371 practice of physical therapy.
1372
1373 ARTICLE III
1374 STATE PARTICIPATION IN THE COMPACT
1375
1376 (1) To participate in the compact, a state must do all of
1377 the following:
1378 (a) Participate fully in the commission’s data system,
1379 including using the commission’s unique identifier, as defined
1380 by commission rule.
1381 (b) Have a mechanism in place for receiving and
1382 investigating complaints about licensees.
1383 (c) Notify the commission, in accordance with the terms of
1384 the compact and rules, of any adverse action or the availability
1385 of investigative information regarding a licensee.
1386 (d) Fully implement a criminal background check
1387 requirement, within a timeframe established by commission rule,
1388 which uses results from the Federal Bureau of Investigation
1389 record search on criminal background checks to make licensure
1390 decisions in accordance with subsection (2).
1391 (e) Comply with the commission’s rules.
1392 (f) Use a recognized national examination as a requirement
1393 for licensure pursuant to the commission’s rules.
1394 (g) Have continuing competence requirements as a condition
1395 for license renewal.
1396 (2) Upon adoption of the compact, a member state has the
1397 authority to obtain biometric-based information from each
1398 licensee applying for a compact privilege and submit this
1399 information to the Federal Bureau of Investigation for a
1400 criminal background check in accordance with 28 U.S.C. s. 534
1401 and 34 U.S.C. s. 40316.
1402 (3) A member state must grant the compact privilege to a
1403 licensee holding a valid unencumbered license in another member
1404 state in accordance with the terms of the compact and rules.
1405
1406 ARTICLE IV
1407 COMPACT PRIVILEGE
1408
1409 (1) To exercise the compact privilege under the compact, a
1410 licensee must satisfy all of the following conditions:
1411 (a) Hold a license in the home state.
1412 (b) Not have an encumbrance on any state license.
1413 (c) Be eligible for a compact privilege in all member
1414 states in accordance with subsections (4), (7), and (8).
1415 (d) Not have had an adverse action against any license or
1416 compact privilege within the preceding 2 years.
1417 (e) Notify the commission that the licensee is seeking the
1418 compact privilege within a remote state.
1419 (f) Meet any jurisprudence requirements established by the
1420 remote state in which the licensee is seeking a compact
1421 privilege.
1422 (g) Report to the commission adverse action taken by any
1423 nonmember state within 30 days after the date the adverse action
1424 is taken.
1425 (2) The compact privilege is valid until the expiration
1426 date of the home license. The licensee must continue to meet the
1427 requirements of subsection (1) to maintain the compact privilege
1428 in a remote state.
1429 (3) A licensee providing physical therapy in a remote state
1430 under the compact privilege must comply with the laws and rules
1431 of the remote state.
1432 (4) A licensee providing physical therapy in a remote state
1433 is subject to that state’s regulatory authority. A remote state
1434 may, in accordance with due process and that state’s laws,
1435 remove a licensee’s compact privilege in the remote state for a
1436 specific period of time, impose fines, and take any other
1437 necessary actions to protect the health and safety of its
1438 citizens. The licensee is not eligible for a compact privilege
1439 in any member state until the specific period of time for
1440 removal has ended and all fines are paid.
1441 (5) If a home state license is encumbered, the licensee
1442 loses the compact privilege in any remote state until the
1443 following conditions are met:
1444 (a) The home state license is no longer encumbered.
1445 (b) Two years have elapsed from the date of the adverse
1446 action.
1447 (6) Once an encumbered license in the home state is
1448 restored to good standing, the licensee must meet the
1449 requirements of subsection (1) to obtain a compact privilege in
1450 any remote state.
1451 (7) If a licensee’s compact privilege in any remote state
1452 is removed, the licensee loses the compact privilege in all
1453 remote states until all of the following conditions are met:
1454 (a) The specific period of time for which the compact
1455 privilege was removed has ended.
1456 (b) All fines have been paid.
1457 (c) Two years have elapsed from the date of the adverse
1458 action.
1459 (8) Once the requirements of subsection (7) have been met,
1460 the licensee must meet the requirements of subsection (1) to
1461 obtain a compact privilege in a remote state.
1462
1463 ARTICLE V
1464 ACTIVE DUTY MILITARY PERSONNEL
1465 AND THEIR SPOUSES
1466
1467 A licensee who is active duty military or is the spouse of
1468 an individual who is active duty military may choose any of the
1469 following locations to designate his or her home state:
1470 (1) Home of record.
1471 (2) Permanent change of station location.
1472 (3) State of current residence, if it is different from the
1473 home of record or permanent change of station location.
1474
1475 ARTICLE VI
1476 ADVERSE ACTIONS
1477
1478 (1) A home state has exclusive power to impose adverse
1479 action against a license issued by the home state.
1480 (2) A home state may take adverse action based on the
1481 investigative information of a remote state, so long as the home
1482 state follows its own procedures for imposing adverse action.
1483 (3) The compact does not override a member state’s decision
1484 that participation in an alternative program may be used in lieu
1485 of adverse action and that such participation remain nonpublic
1486 if required by the member state’s laws. Member states must
1487 require licensees who enter any alternative programs in lieu of
1488 discipline to agree not to practice in any other member state
1489 during the term of the alternative program without prior
1490 authorization from such other member state.
1491 (4) A member state may investigate actual or alleged
1492 violations of the laws and rules for the practice of physical
1493 therapy committed in any other member state by a physical
1494 therapist or physical therapist assistant practicing under the
1495 compact who holds a license or compact privilege in such other
1496 member state.
1497 (5) A remote state may do any of the following:
1498 (a) Take adverse actions as set forth in subsection (4) of
1499 Article IV against a licensee’s compact privilege in the state.
1500 (b) Issue subpoenas for both hearings and investigations
1501 which require the attendance and testimony of witnesses and the
1502 production of evidence. Subpoenas issued by a physical therapy
1503 licensing board in a party member state for the attendance and
1504 testimony of witnesses or for the production of evidence from
1505 another party member state must be enforced in the latter state
1506 by any court of competent jurisdiction, according to the
1507 practice and procedure of that court applicable to subpoenas
1508 issued in proceedings pending before it. The issuing authority
1509 shall pay any witness fees, travel expenses, mileage, and other
1510 fees required by the service laws of the state where the
1511 witnesses or evidence is located.
1512 (c) If otherwise permitted by state law, recover from the
1513 licensee the costs of investigations and disposition of cases
1514 resulting from any adverse action taken against that licensee.
1515 (6)(a) In addition to the authority granted to a member
1516 state by its respective physical therapy practice act or other
1517 applicable state law, a member state may participate with other
1518 member states in joint investigations of licensees.
1519 (b) Member states shall share any investigative,
1520 litigation, or compliance materials in furtherance of any joint
1521 or individual investigation initiated under the compact.
1522
1523 ARTICLE VII
1524 ESTABLISHMENT OF THE
1525 PHYSICAL THERAPY COMPACT COMMISSION
1526
1527 (1) COMMISSION CREATED.—The member states hereby create and
1528 establish a joint public agency known as the Physical Therapy
1529 Compact Commission:
1530 (a) The commission is an instrumentality of the member
1531 states.
1532 (b) Venue is proper, and judicial proceedings by or against
1533 the commission must be brought solely and exclusively, in a
1534 court of competent jurisdiction where the principal office of
1535 the commission is located. The commission may waive venue and
1536 jurisdictional defenses to the extent it adopts or consents to
1537 participate in alternative dispute resolution proceedings.
1538 (c) The compact may not be construed to be a waiver of
1539 sovereign immunity.
1540 (2) MEMBERSHIP, VOTING, AND MEETINGS.—
1541 (a) Each member state has and is limited to one delegate
1542 selected by that member state’s physical therapy licensing board
1543 to serve on the commission. The delegate must be a current
1544 member of the physical therapy licensing board who is a physical
1545 therapist, a physical therapist assistant, a public member, or
1546 the board administrator.
1547 (b) A delegate may be removed or suspended from office as
1548 provided by the law of the state from which the delegate is
1549 appointed. Any vacancy occurring on the commission must be
1550 filled by the physical therapy licensing board of the member
1551 state for which the vacancy exists.
1552 (c) Each delegate is entitled to one vote with regard to
1553 the adoption of rules and bylaws and shall otherwise have an
1554 opportunity to participate in the business and affairs of the
1555 commission.
1556 (d) A delegate shall vote in person or by such other means
1557 as provided in the bylaws. The bylaws may provide for delegates’
1558 participation in meetings by telephone or other means of
1559 communication.
1560 (e) The commission shall meet at least once during each
1561 calendar year. Additional meetings may be held as set forth in
1562 the bylaws.
1563 (f) All meetings must be open to the public, and public
1564 notice of meetings must be given in the same manner as required
1565 under the rulemaking provisions in Article IX.
1566 (g) The commission or the executive board or other
1567 committees of the commission may convene in a closed, nonpublic
1568 meeting if the commission or executive board or other committees
1569 of the commission must discuss any of the following:
1570 1. Noncompliance of a member state with its obligations
1571 under the compact.
1572 2. The employment, compensation, or discipline of, or other
1573 matters, practices, or procedures related to, specific employees
1574 or other matters related to the commission’s internal personnel
1575 practices and procedures.
1576 3. Current, threatened, or reasonably anticipated
1577 litigation against the commission, executive board, or other
1578 committees of the commission.
1579 4. Negotiation of contracts for the purchase, lease, or
1580 sale of goods, services, or real estate.
1581 5. An accusation of any person of a crime or a formal
1582 censure of any person.
1583 6. Information disclosing trade secrets or commercial or
1584 financial information that is privileged or confidential.
1585 7. Information of a personal nature where disclosure would
1586 constitute a clearly unwarranted invasion of personal privacy.
1587 8. Investigatory records compiled for law enforcement
1588 purposes.
1589 9. Information related to any investigative reports
1590 prepared by or on behalf of or for use of the commission or
1591 other committee charged with responsibility for investigation or
1592 determination of compliance issues pursuant to the compact.
1593 10. Matters specifically exempted from disclosure by
1594 federal or member state statute.
1595 (h) If a meeting, or portion of a meeting, is closed
1596 pursuant to this subsection, the commission’s legal counsel or
1597 designee must certify that the meeting may be closed and must
1598 reference each relevant exempting provision.
1599 (i) The commission shall keep minutes that fully and
1600 clearly describe all matters discussed in a meeting and shall
1601 provide a full and accurate summary of actions taken and the
1602 reasons therefor, including a description of the views
1603 expressed. All documents considered in connection with an action
1604 must be identified in the minutes. All minutes and documents of
1605 a closed meeting must remain under seal, subject to release only
1606 by a majority vote of the commission or order of a court of
1607 competent jurisdiction.
1608 (3) DUTIES.—The commission shall do all of the following:
1609 (a) Establish the fiscal year of the commission.
1610 (b) Establish bylaws.
1611 (c) Maintain its financial records in accordance with the
1612 bylaws.
1613 (d) Meet and take such actions as are consistent with the
1614 provisions of the compact and the bylaws.
1615 (4) POWERS.—The commission may do any of the following:
1616 (a) Adopt uniform rules to facilitate and coordinate
1617 implementation and administration of the compact. The rules have
1618 the force and effect of law and are binding in all member
1619 states.
1620 (b) Bring and prosecute legal proceedings or actions in the
1621 name of the commission, provided that the standing of any state
1622 physical therapy licensing board to sue or be sued under
1623 applicable law is not affected.
1624 (c) Purchase and maintain insurance and bonds.
1625 (d) Borrow, accept, or contract for services of personnel,
1626 including, but not limited to, employees of a member state.
1627 (e) Hire employees and elect or appoint officers; fix the
1628 compensation of, define the duties of, and grant appropriate
1629 authority to such individuals to carry out the purposes of the
1630 compact; and establish the commission’s personnel policies and
1631 programs relating to conflicts of interest, qualifications of
1632 personnel, and other related personnel matters.
1633 (f) Accept any appropriate donations and grants of money,
1634 equipment, supplies, materials, and services and receive, use,
1635 and dispose of the same, provided that at all times the
1636 commission avoids any appearance of impropriety or conflict of
1637 interest.
1638 (g) Lease, purchase, accept appropriate gifts or donations
1639 of, or otherwise own, hold, improve, or use any property, real,
1640 personal, or mixed, provided that at all times the commission
1641 avoids any appearance of impropriety or conflict of interest.
1642 (h) Sell, convey, mortgage, pledge, lease, exchange,
1643 abandon, or otherwise dispose of any property, real, personal,
1644 or mixed.
1645 (i) Establish a budget and make expenditures.
1646 (j) Borrow money.
1647 (k) Appoint committees, including standing committees
1648 composed of members, state regulators, state legislators or
1649 their representatives, and consumer representatives, and such
1650 other interested persons as may be designated in the compact and
1651 the bylaws.
1652 (l) Provide information to, receive information from, and
1653 cooperate with law enforcement agencies.
1654 (m) Establish and elect an executive board.
1655 (n) Perform such other functions as may be necessary or
1656 appropriate to achieve the purposes of the compact consistent
1657 with the state regulation of physical therapy licensure and
1658 practice.
1659 (5) THE EXECUTIVE BOARD.—
1660 (a) The executive board may act on behalf of the commission
1661 according to the terms of the compact.
1662 (b) The executive board shall be composed of the following
1663 nine members:
1664 1. Seven voting members who are elected by the commission
1665 from the current membership of the commission.
1666 2. One ex officio, nonvoting member from the recognized
1667 national physical therapy professional association.
1668 3. One ex officio, nonvoting member from the recognized
1669 membership organization of the physical therapy licensing
1670 boards.
1671 (c) The ex officio members shall be selected by their
1672 respective organizations.
1673 (d) The commission may remove any member of the executive
1674 board as provided in its bylaws.
1675 (e) The executive board shall meet at least annually.
1676 (f) The executive board shall do all of the following:
1677 1. Recommend to the entire commission changes to the rules
1678 or bylaws, compact legislation, fees paid by compact member
1679 states, such as annual dues, and any commission compact fee
1680 charged to licensees for the compact privilege.
1681 2. Ensure compact administration services are appropriately
1682 provided, contractually or otherwise.
1683 3. Prepare and recommend the budget.
1684 4. Maintain financial records on behalf of the commission.
1685 5. Monitor compact compliance of member states and provide
1686 compliance reports to the commission.
1687 6. Establish additional committees as necessary.
1688 7. Perform other duties as provided in the rules or bylaws.
1689 (6) FINANCING OF THE COMMISSION.—
1690 (a) The commission shall pay, or provide for the payment
1691 of, the reasonable expenses of its establishment, organization,
1692 and ongoing activities.
1693 (b) The commission may accept any appropriate revenue
1694 sources, donations, and grants of money, equipment, supplies,
1695 materials, and services.
1696 (c) The commission may levy and collect an annual
1697 assessment from each member state or impose fees on other
1698 parties to cover the cost of the operations and activities of
1699 the commission and its staff. Such assessments and fees must
1700 total to an amount sufficient to cover the commission’s annual
1701 budget as approved each year for which revenue is not provided
1702 by other sources. The aggregate annual assessment amount must be
1703 allocated based upon a formula to be determined by the
1704 commission, which shall adopt a rule binding upon all member
1705 states.
1706 (d) The commission may not incur obligations of any kind
1707 before securing the funds adequate to meet such obligations; nor
1708 may the commission pledge the credit of any of the member
1709 states, except by and with the authority of the member state.
1710 (e) The commission shall keep accurate accounts of all
1711 receipts and disbursements. The receipts and disbursements of
1712 the commission are subject to the audit and accounting
1713 procedures established under its bylaws. However, all receipts
1714 and disbursements of funds handled by the commission must be
1715 audited yearly by a certified or licensed public accountant, and
1716 the report of the audit must be included in and become part of
1717 the annual report of the commission.
1718 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
1719 (a) The members, officers, executive director, employees,
1720 and representatives of the commission are immune from suit and
1721 liability, whether personally or in their official capacity, for
1722 any claim for damage to or loss of property or personal injury
1723 or other civil liability caused by or arising out of any actual
1724 or alleged act, error, or omission that occurred, or that the
1725 person against whom the claim is made had a reasonable basis for
1726 believing occurred, within the scope of commission employment,
1727 duties, or responsibilities. However, this paragraph may not be
1728 construed to protect any such person from suit or liability for
1729 any damage, loss, injury, or liability caused by the
1730 intentional, willful, or wanton misconduct of that person.
1731 (b) The commission shall defend any member, officer,
1732 executive director, employee, or representative of the
1733 commission in any civil action seeking to impose liability
1734 arising out of any actual or alleged act, error, or omission
1735 that occurred within the scope of commission employment, duties,
1736 or responsibilities, or that the person against whom the claim
1737 is made had a reasonable basis for believing occurred within the
1738 scope of commission employment, duties, or responsibilities.
1739 However, this subsection may not be construed to prohibit any
1740 member, officer, executive director, employee, or representative
1741 of the commission from retaining his or her own counsel or to
1742 require the commission to defend such person if the actual or
1743 alleged act, error, or omission resulted from that person’s
1744 intentional, willful, or wanton misconduct.
1745 (c) The commission shall indemnify and hold harmless any
1746 member, officer, executive director, employee, or representative
1747 of the commission for the amount of any settlement or judgment
1748 obtained against that person arising out of any actual or
1749 alleged act, error, or omission that occurred within the scope
1750 of commission employment, duties, or responsibilities, or that
1751 such person had a reasonable basis for believing occurred within
1752 the scope of commission employment, duties, or responsibilities,
1753 provided that the actual or alleged act, error, or omission did
1754 not result from the intentional, willful, or wanton misconduct
1755 of that person.
1756
1757 ARTICLE VIII
1758 DATA SYSTEM
1759
1760 (1) The commission shall provide for the development,
1761 maintenance, and use of a coordinated database and reporting
1762 system containing licensure, adverse action, and investigative
1763 information on all licensees in member states.
1764 (2) Notwithstanding any other provision of state law to the
1765 contrary, a member state shall submit a uniform data set to the
1766 data system on all individuals to whom the compact is applicable
1767 as required by the rules of the commission, which data set must
1768 include all of the following:
1769 (a) Identifying information.
1770 (b) Licensure data.
1771 (c) Investigative information.
1772 (d) Adverse actions against a license or compact privilege.
1773 (e) Nonconfidential information related to alternative
1774 program participation.
1775 (f) Any denial of application for licensure, and the reason
1776 for such denial.
1777 (g) Other information that may facilitate the
1778 administration of the compact, as determined by the rules of the
1779 commission.
1780 (3) Investigative information in the system pertaining to a
1781 licensee in any member state must be available only to other
1782 party member states.
1783 (4) The commission shall promptly notify all member states
1784 of any adverse action taken against a licensee or an individual
1785 applying for a license in a member state. Adverse action
1786 information pertaining to a licensee in any member state must be
1787 available to all other member states.
1788 (5) Member states contributing information to the data
1789 system may designate information that may not be shared with the
1790 public without the express permission of the contributing state.
1791 (6) Any information submitted to the data system which is
1792 subsequently required to be expunged by the laws of the member
1793 state contributing the information must be removed from the data
1794 system.
1795
1796 ARTICLE IX
1797 RULEMAKING
1798
1799 (1) The commission shall exercise its rulemaking powers
1800 pursuant to the criteria set forth in this article and the rules
1801 adopted thereunder. Rules and amendments become binding as of
1802 the date specified in each rule or amendment.
1803 (2) If a majority of the legislatures of the member states
1804 rejects a rule by enactment of a statute or resolution in the
1805 same manner used to adopt the compact within 4 years after the
1806 date of adoption of the rule, such rule does not have further
1807 force and effect in any member state.
1808 (3) Rules or amendments to the rules must be adopted at a
1809 regular or special meeting of the commission.
1810 (4) Before adoption of a final rule by the commission, and
1811 at least 30 days before the meeting at which the rule will be
1812 considered and voted upon, the commission must file a notice of
1813 proposed rulemaking on all of the following:
1814 (a) The website of the commission or another publicly
1815 accessible platform.
1816 (b) The website of each member state physical therapy
1817 licensing board or another publicly accessible platform or the
1818 publication in which each state would otherwise publish proposed
1819 rules.
1820 (5) The notice of proposed rulemaking must include all of
1821 the following:
1822 (a) The proposed date, time, and location of the meeting in
1823 which the rule or amendment will be considered and voted upon.
1824 (b) The text of the proposed rule or amendment and the
1825 reason for the proposed rule.
1826 (c) A request for comments on the proposed rule or
1827 amendment from any interested person.
1828 (d) The manner in which interested persons may submit
1829 notice to the commission of their intention to attend the public
1830 hearing and any written comments.
1831 (6) Before adoption of a proposed rule or amendment, the
1832 commission must allow persons to submit written data, facts,
1833 opinions, and arguments, which must be made available to the
1834 public.
1835 (7) The commission must grant an opportunity for a public
1836 hearing before it adopts a rule or an amendment if a hearing is
1837 requested by any of the following:
1838 (a) At least 25 persons.
1839 (b) A state or federal governmental subdivision or agency.
1840 (c) An association having at least 25 members.
1841 (8) If a scheduled public hearing is held on the proposed
1842 rule or amendment, the commission must publish the date, time,
1843 and location of the hearing. If the hearing is held through
1844 electronic means, the commission must publish the mechanism for
1845 access to the electronic hearing.
1846 (a) All persons wishing to be heard at the hearing must
1847 notify the executive director of the commission or another
1848 designated member in writing of their desire to appear and
1849 testify at the hearing at least 5 business days before the
1850 scheduled date of the hearing.
1851 (b) Hearings must be conducted in a manner providing each
1852 person who wishes to comment a fair and reasonable opportunity
1853 to comment orally or in writing.
1854 (c) All hearings must be recorded. A copy of the recording
1855 must be made available on request.
1856 (d) This article may not be construed to require a separate
1857 hearing on each rule. Rules may be grouped for the convenience
1858 of the commission at hearings required by this article.
1859 (9) Following the scheduled hearing date, or by the close
1860 of business on the scheduled hearing date if the hearing was not
1861 held, the commission shall consider all written and oral
1862 comments received.
1863 (10) If no written notice of intent to attend the public
1864 hearing by interested parties is received, the commission may
1865 proceed with adoption of the proposed rule without a public
1866 hearing.
1867 (11) The commission shall, by majority vote of all members,
1868 take final action on the proposed rule and shall determine the
1869 effective date of the rule, if any, based on the rulemaking
1870 record and the full text of the rule.
1871 (12) Upon determination that an emergency exists, the
1872 commission may consider and adopt an emergency rule without
1873 prior notice, opportunity for comment, or hearing, provided that
1874 the usual rulemaking procedures provided in the compact and in
1875 this article are retroactively applied to the rule as soon as
1876 reasonably possible, in no event later than 90 days after the
1877 effective date of the rule. For the purposes of this subsection,
1878 an emergency rule is one that must be adopted immediately in
1879 order to do any of the following:
1880 (a) Meet an imminent threat to public health, safety, or
1881 welfare.
1882 (b) Prevent a loss of commission or member state funds.
1883 (c) Meet a deadline for the adoption of an administrative
1884 rule established by federal law or rule.
1885 (d) Protect public health and safety.
1886 (13) The commission or an authorized committee of the
1887 commission may direct revisions to a previously adopted rule or
1888 amendment for purposes of correcting typographical errors,
1889 errors in format, errors in consistency, or grammatical errors.
1890 Public notice of any revisions must be posted on the website of
1891 the commission. The revision is subject to challenge by any
1892 person for a period of 30 days after posting. The revision may
1893 be challenged only on grounds that the revision results in a
1894 material change to a rule. A challenge must be made in writing
1895 and delivered to the chair of the commission before the end of
1896 the notice period. If a challenge is not made, the revision
1897 takes effect without further action. If the revision is
1898 challenged, the revision may not take effect without the
1899 approval of the commission.
1900
1901 ARTICLE X
1902 OVERSIGHT, DISPUTE RESOLUTION,
1903 AND ENFORCEMENT
1904
1905 (1) OVERSIGHT.—
1906 (a) The executive, legislative, and judicial branches of
1907 state government in each member state shall enforce the compact
1908 and take all actions necessary and appropriate to carry out the
1909 compact’s purposes and intent. The provisions of the compact and
1910 the rules adopted pursuant thereto shall have standing as
1911 statutory law.
1912 (b) All courts shall take judicial notice of the compact
1913 and the rules in any judicial or administrative proceeding in a
1914 member state pertaining to the subject matter of the compact
1915 which may affect the powers, responsibilities, or actions of the
1916 commission.
1917 (c) The commission is entitled to receive service of
1918 process in any such proceeding and has standing to intervene in
1919 such a proceeding for all purposes. Failure to provide service
1920 of process to the commission renders a judgment or an order void
1921 as to the commission, the compact, or the adopted rules.
1922 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
1923 (a) If the commission determines that a member state has
1924 defaulted in the performance of its obligations or
1925 responsibilities under the compact or the adopted rules, the
1926 commission must do all of the following:
1927 1. Provide written notice to the defaulting state and other
1928 member states of the nature of the default, the proposed means
1929 of curing the default, and any other action to be taken by the
1930 commission.
1931 2. Provide remedial training and specific technical
1932 assistance regarding the default.
1933 (b) If a state in default fails to cure the default, the
1934 defaulting state may be terminated from the compact upon an
1935 affirmative vote of a majority of the member states, and all
1936 rights, privileges, and benefits conferred by the compact may be
1937 terminated on the effective date of termination. A cure of the
1938 default does not relieve the offending state of obligations or
1939 liabilities incurred during the period of default.
1940 (c) Termination of membership in the compact may be imposed
1941 only after all other means of securing compliance have been
1942 exhausted. The commission shall give notice of intent to suspend
1943 or terminate a defaulting member state to the governor and
1944 majority and minority leaders of the defaulting state’s
1945 legislature and to each of the member states.
1946 (d) A state that has been terminated from the compact is
1947 responsible for all assessments, obligations, and liabilities
1948 incurred through the effective date of termination, including
1949 obligations that extend beyond the effective date of
1950 termination.
1951 (e) The commission does not bear any costs related to a
1952 state that is found to be in default or that has been terminated
1953 from the compact, unless agreed upon in writing between the
1954 commission and the defaulting state.
1955 (f) The defaulting state may appeal the action of the
1956 commission by petitioning the United States District Court for
1957 the District of Columbia or the federal district where the
1958 commission has its principal offices. The prevailing member
1959 shall be awarded all costs of such litigation, including
1960 reasonable attorney fees.
1961 (3) DISPUTE RESOLUTION.—
1962 (a) Upon request by a member state, the commission must
1963 attempt to resolve disputes related to the compact which arise
1964 among member states and between member and nonmember states.
1965 (b) The commission shall adopt a rule providing for both
1966 mediation and binding dispute resolution for disputes as
1967 appropriate.
1968 (4) ENFORCEMENT.—
1969 (a) The commission, in the reasonable exercise of its
1970 discretion, shall enforce the compact and the commission’s
1971 rules.
1972 (b) By majority vote, the commission may initiate legal
1973 action in the United States District Court for the District of
1974 Columbia or the federal district where the commission has its
1975 principal offices against a member state in default to enforce
1976 compliance with the provisions of the compact and its adopted
1977 rules and bylaws. The relief sought may include both injunctive
1978 relief and damages. In the event judicial enforcement is
1979 necessary, the prevailing member shall be awarded all costs of
1980 such litigation, including reasonable attorney fees.
1981 (c) The remedies under this article are not the exclusive
1982 remedies of the commission. The commission may pursue any other
1983 remedies available under federal or state law.
1984
1985 ARTICLE XI
1986 DATE OF IMPLEMENTATION OF THE
1987 PHYSICAL THERAPY COMPACT
1988 AND ASSOCIATED RULES;
1989 WITHDRAWAL; AND AMENDMENTS
1990
1991 (1) The compact becomes effective on the date that the
1992 compact statute is enacted into law in the tenth member state.
1993 The provisions that become effective at that time are limited to
1994 the powers granted to the commission relating to assembly and
1995 the adoption of rules. Thereafter, the commission shall meet and
1996 exercise rulemaking powers necessary for the implementation and
1997 administration of the compact.
1998 (2) Any state that joins the compact subsequent to the
1999 commission’s initial adoption of the rules is subject to the
2000 rules as they exist on the date that the compact becomes law in
2001 that state. Any rule that has been previously adopted by the
2002 commission has the full force and effect of law on the day the
2003 compact becomes law in that state.
2004 (3) Any member state may withdraw from the compact by
2005 enacting a statute repealing the same.
2006 (a) A member state’s withdrawal does not take effect until
2007 6 months after enactment of the repealing statute.
2008 (b) Withdrawal does not affect the continuing requirement
2009 of the withdrawing state’s physical therapy licensing board to
2010 comply with the investigative and adverse action reporting
2011 requirements of this act before the effective date of
2012 withdrawal.
2013 (4) The compact may not be construed to invalidate or
2014 prevent any physical therapy licensure agreement or other
2015 cooperative arrangement between a member state and a nonmember
2016 state which does not conflict with the provisions of the
2017 compact.
2018 (5) The compact may be amended by the member states. An
2019 amendment to the compact does not become effective and binding
2020 upon any member state until it is enacted into the laws of all
2021 member states.
2022
2023 ARTICLE XII
2024 CONSTRUCTION AND SEVERABILITY
2025
2026 The compact must be liberally construed so as to carry out
2027 the purposes thereof. The provisions of the compact are
2028 severable, and if any phrase, clause, sentence, or provision of
2029 the compact is declared to be contrary to the constitution of
2030 any party member state or of the United States or the
2031 applicability thereof to any government, agency, person, or
2032 circumstance is held invalid, the validity of the remainder of
2033 the compact and the applicability thereof to any government,
2034 agency, person, or circumstance is not affected thereby. If the
2035 compact is held contrary to the constitution of any party member
2036 state, the compact remains in full force and effect as to the
2037 remaining party member states and in full force and effect as to
2038 the party member state affected as to all severable matters.
2039 Section 18. Paragraph (d) of subsection (3) of section
2040 766.1115, Florida Statutes, is amended to read:
2041 766.1115 Health care providers; creation of agency
2042 relationship with governmental contractors.—
2043 (3) DEFINITIONS.—As used in this section, the term:
2044 (d) “Health care provider” or “provider” means:
2045 1. A birth center licensed under chapter 383.
2046 2. An ambulatory surgical center licensed under chapter
2047 395.
2048 3. A hospital licensed under chapter 395.
2049 4. A physician or physician assistant licensed under
2050 chapter 458.
2051 5. An osteopathic physician or osteopathic physician
2052 assistant licensed under chapter 459.
2053 6. A chiropractic physician licensed under chapter 460.
2054 7. A podiatric physician licensed under chapter 461.
2055 8. A registered nurse, nurse midwife, licensed practical
2056 nurse, or advanced practice registered nurse licensed or
2057 registered under part I of chapter 464 or any facility which
2058 employs nurses licensed or registered under part I of chapter
2059 464 to supply all or part of the care delivered under this
2060 section.
2061 9. A midwife licensed under chapter 467.
2062 10. A health maintenance organization certificated under
2063 part I of chapter 641.
2064 11. A health care professional association and its
2065 employees or a corporate medical group and its employees.
2066 12. Any other medical facility the primary purpose of which
2067 is to deliver human medical diagnostic services or which
2068 delivers nonsurgical human medical treatment, and which includes
2069 an office maintained by a provider.
2070 13. A dentist or dental hygienist licensed under chapter
2071 466.
2072 14. A free clinic that delivers only medical diagnostic
2073 services or nonsurgical medical treatment free of charge to all
2074 low-income recipients.
2075 15. Any other health care professional, practitioner,
2076 provider, or facility under contract with a governmental
2077 contractor, including a student enrolled in an accredited
2078 program that prepares the student for licensure as any one of
2079 the professionals listed in subparagraphs 4.-9. and 13.
2080
2081 The term includes any nonprofit corporation qualified as exempt
2082 from federal income taxation under s. 501(a) of the Internal
2083 Revenue Code, and described in s. 501(c) of the Internal Revenue
2084 Code, which delivers health care services provided by licensed
2085 professionals listed in this paragraph, any federally funded
2086 community health center, and any volunteer corporation or
2087 volunteer health care provider that delivers health care
2088 services.
2089 Section 19. Except as otherwise expressly provided in this
2090 act and except for this section, which shall take effect upon
2091 this act becoming a law, or, if this act fails to become a law
2092 until after June 1, 2025, it shall take effect upon becoming a
2093 law and shall operate retroactively to June 1, 2025, this act
2094 shall take effect July 1, 2025.
2095
2096 ================= T I T L E A M E N D M E N T ================
2097 And the title is amended as follows:
2098 Delete everything before the enacting clause
2099 and insert:
2100 A bill to be entitled
2101 An act relating to the Department of Health; amending
2102 chapter 2023-43, Laws of Florida; revising the repeal
2103 date of the definition of the term “messenger
2104 ribonucleic acid vaccine”; providing for contingent
2105 retroactive operation; reenacting ss. 381.00316(2)(g)
2106 and 381.00319(1)(e), F.S., relating to the prohibition
2107 on discrimination by governmental and business
2108 entities based on health care choices and the
2109 prohibition on mask mandates and vaccination and
2110 testing mandates for educational institutions,
2111 respectively, for purposes of preserving the
2112 definition of the term “messenger ribonucleic acid
2113 vaccine,” notwithstanding its scheduled repeal;
2114 amending s. 381.026, F.S.; revising the rights of
2115 patients, which each health care provider and facility
2116 are required to observe, to include that such
2117 facilities shall not deny admission, care, or services
2118 based solely on a patient’s vaccination status;
2119 amending s. 381.986, F.S.; defining terms for purposes
2120 of background screening requirements for persons
2121 affiliated with medical marijuana treatment centers;
2122 requiring medical marijuana treatment centers to
2123 notify the Department of Health through e-mail within
2124 a specified timeframe after an actual or attempted
2125 theft, diversion, or loss of marijuana; requiring
2126 medical marijuana treatment centers to report
2127 attempted thefts, in addition to actual thefts, to law
2128 enforcement within a specified timeframe; amending s.
2129 381.988, F.S.; defining terms for purposes of
2130 background screening requirements for persons
2131 affiliated with medical marijuana testing
2132 laboratories; amending s. 456.0145, F.S.; revising
2133 eligibility criteria for licensure by endorsement
2134 under the MOBILE Act; amending s. 456.44, F.S.;
2135 revising the definition of the term “board-certified
2136 pain management physician” to replace the term
2137 “American Association of Physician Specialists” with
2138 “American Board of Physician Specialties”; making a
2139 technical change; amending s. 458.3145, F.S.; revising
2140 the list of institutions at which the department is
2141 authorized to issue a medical faculty certificate to
2142 an individual who has been offered and has accepted a
2143 full-time faculty appointment; amending ss. 458.315
2144 and 459.0076, F.S.; revising criteria authorizing
2145 physician assistants to be issued temporary
2146 certificates for practice in areas of critical need;
2147 amending ss. 458.3265, 458.3475, 459.0137, and
2148 459.023, F.S.; revising definitions to replace the
2149 term “American Association of Physician Specialists”
2150 with “American Board of Physician Specialties”;
2151 amending s. 466.006, F.S.; revising the requirements
2152 for licensure as a dentist; amending s. 486.112, F.S.;
2153 defining the term “party state”; authorizing a remote
2154 state to issue subpoenas to individuals to testify or
2155 for the production of evidence from a party located in
2156 a party state; providing that such subpoenas are
2157 enforceable in the party state; requiring that
2158 investigative information pertaining to certain
2159 licensees in a certain system be available only to
2160 other party states; revising construction and
2161 severability of the compact to conform to changes made
2162 by the act; amending s. 766.1115, F.S.; revising the
2163 definition of the term “health care provider” or
2164 “provider”; providing effective dates.