Bill Text: FL S0230 | 2020 | Regular Session | Comm Sub
Bill Title: Department of Health
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2020-03-13 - Laid on Table, refer to CS/CS/CS/HB 713 [S0230 Detail]
Download: Florida-2020-S0230-Comm_Sub.html
Florida Senate - 2020 CS for CS for CS for SB 230
By the Committees on Rules; Appropriations; and Health Policy;
and Senator Harrell
595-04462-20 2020230c3
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 39.303, F.S.; specifying direct reporting
4 requirements for certain positions within the
5 Children’s Medical Services Program; amending s.
6 381.0042, F.S.; revising the purpose of patient care
7 networks from serving patients with acquired immune
8 deficiency syndrome to serving those with human
9 immunodeficiency virus; conforming provisions to
10 changes made by the act; deleting obsolete language;
11 amending s. 381.4018, F.S.; requiring the department
12 to develop strategies to maximize federal-state
13 partnerships that provide incentives for physicians to
14 practice in medically underserved or rural areas;
15 authorizing the department to adopt certain rules;
16 amending s. 381.915, F.S.; revising term limits for
17 Tier 3 cancer center designations within the Florida
18 Consortium of National Cancer Institute Centers
19 Program; amending s. 401.35, F.S.; revising provisions
20 related to the department’s rules governing minimum
21 standards for ground ambulances and emergency medical
22 services vehicles; deleting the requirement that the
23 department base rules governing medical supplies and
24 equipment required in ambulances and emergency medical
25 services vehicles on a certain association’s
26 standards; deleting the requirement that the
27 department base rules governing ambulance or emergency
28 medical services vehicle design and construction on a
29 certain agency’s standards and instead requiring the
30 department to base such rules on national standards
31 recognized by the department; amending s. 404.031,
32 F.S.; defining the term ″useful beam″; amending s.
33 404.22, F.S.; providing limitations on the
34 maintenance, operation, and modification of certain
35 radiation machines; providing conditions for the
36 authorized exposure of human beings to the radiation
37 emitted from a radiation machine; amending s. 456.013,
38 F.S.; revising health care practitioner licensure
39 application requirements; authorizing the board or
40 department to issue a temporary license to certain
41 applicants which expires after 60 days; amending s.
42 456.072, F.S.; revising grounds for certain
43 disciplinary actions to conform to changes made by the
44 act; repealing s. 456.0721, F.S., relating to health
45 care practitioners in default on student loan or
46 scholarship obligations; amending s. 456.074, F.S.;
47 conforming provisions to changes made by the act;
48 amending s. 458.3145, F.S.; revising the list of
49 individuals who may be issued a medical faculty
50 certificate without examination; amending s. 458.3312,
51 F.S.; removing a prohibition against physicians
52 representing themselves as board-certified specialists
53 in dermatology unless the recognizing agency is
54 reviewed and reauthorized on a specified basis by the
55 Board of Medicine; amending s. 459.0055, F.S.;
56 revising licensure requirements for a person seeking
57 licensure or certification as an osteopathic
58 physician; repealing s. 460.4166, F.S., relating to
59 registered chiropractic assistants; amending s.
60 464.019, F.S.; authorizing the Board of Nursing to
61 adopt specified rules; extending through 2025 the
62 Florida Center for Nursing’s responsibility to study
63 and issue an annual report on the implementation of
64 nursing education programs; providing legislative
65 intent; authorizing certain nursing education programs
66 to apply for an extension for accreditation within a
67 specified timeframe; providing limitations on and
68 eligibility criteria for the extension; providing a
69 tolling provision; amending s. 464.202, F.S.;
70 requiring the Board of Nursing to adopt rules that
71 include disciplinary procedures and standards of
72 practice for certified nursing assistants; amending s.
73 464.203, F.S.; revising certification requirements for
74 nursing assistants; amending s. 464.204, F.S.;
75 revising grounds for board-imposed disciplinary
76 sanctions; amending s. 466.006, F.S.; revising certain
77 examination requirements for applicants seeking dental
78 licensure; reviving, reenacting, and amending s.
79 466.0067, F.S., relating to the application for a
80 health access dental license; reviving, reenacting,
81 and amending s. 466.00671, F.S., relating to the
82 renewal of such a license; reviving and reenacting s.
83 466.00672, F.S., relating to the revocation of such
84 license; amending s. 466.007, F.S.; revising
85 requirements for dental hygienist licensure; amending
86 s. 466.017, F.S.; requiring dentists and certified
87 registered dental hygienists to report in writing
88 certain adverse incidents to the department within a
89 specified timeframe; providing for disciplinary action
90 by the Board of Dentistry for violations; defining the
91 term “adverse incident”; authorizing the board to
92 adopt rules; amending s. 466.031, F.S.; making
93 technical changes; authorizing an employee or an
94 independent contractor of a dental laboratory, acting
95 as an agent of that dental laboratory, to engage in
96 onsite consultation with a licensed dentist during a
97 dental procedure; amending s. 466.036, F.S.; revising
98 the frequency of dental laboratory inspections during
99 a specified period; amending s. 468.701, F.S.;
100 revising the definition of the term “athletic
101 trainer”; deleting a requirement that is relocated to
102 another section; amending s. 468.707, F.S.; revising
103 athletic trainer licensure requirements; amending s.
104 468.711, F.S.; requiring certain athletic trainer
105 licensees to maintain certification in good standing
106 without lapse as a condition of license renewal;
107 amending s. 468.713, F.S.; requiring that an athletic
108 trainer work within a specified scope of practice;
109 relocating an existing requirement that was stricken
110 from another section; amending s. 468.723, F.S.;
111 requiring the direct supervision of an athletic
112 training student to be in accordance with rules
113 adopted by the Board of Athletic Training; amending s.
114 468.803, F.S.; revising orthotic, prosthetic, and
115 pedorthic licensure, registration, and examination
116 requirements; amending s. 480.033, F.S.; revising the
117 definition of the term “apprentice”; amending s.
118 480.041, F.S.; revising qualifications for licensure
119 as a massage therapist; specifying that massage
120 apprentices licensed before a specified date may
121 continue to perform massage therapy as authorized
122 under their licenses; authorizing massage apprentices
123 to apply for full licensure upon completion of their
124 apprenticeships, under certain conditions; repealing
125 s. 480.042, F.S., relating to examinations for
126 licensure as a massage therapist; amending s. 490.003,
127 F.S.; revising the definition of the terms “doctoral
128 level psychological education” and “doctoral degree in
129 psychology”; amending s. 490.005, F.S.; revising
130 requirements for licensure by examination of
131 psychologists and school psychologists; amending s.
132 490.006, F.S.; revising requirements for licensure by
133 endorsement of psychologists and school psychologists;
134 amending s. 491.0045, F.S.; exempting clinical social
135 worker interns, marriage and family therapist interns,
136 and mental health counselor interns from registration
137 requirements, under certain circumstances; amending s.
138 491.005, F.S.; revising requirements for the licensure
139 by examination of marriage and family therapists;
140 revising requirements for the licensure by examination
141 of mental health counselors; amending s. 491.006,
142 F.S.; revising requirements for licensure by
143 endorsement or certification for specified
144 professions; amending s. 491.007, F.S.; removing a
145 biennial intern registration fee; amending s. 491.009,
146 F.S.; authorizing the Board of Clinical Social Work,
147 Marriage and Family Therapy, and Mental Health
148 Counseling or, under certain circumstances, the
149 department to enter an order denying licensure or
150 imposing penalties against an applicant for licensure
151 under certain circumstances; amending ss. 491.0046 and
152 945.42, F.S.; conforming cross-references; reenacting
153 s. 459.021(6), F.S., relating to registration of
154 osteopathic resident physicians, interns, and fellows,
155 to incorporate the amendment made to s. 459.0055,
156 F.S., in a reference thereto; providing for
157 retroactive applicability of specified provisions;
158 providing effective dates.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1. Paragraphs (a) and (b) of subsection (2) of
163 section 39.303, Florida Statutes, are amended to read:
164 39.303 Child Protection Teams and sexual abuse treatment
165 programs; services; eligible cases.—
166 (2)(a) The Statewide Medical Director for Child Protection
167 must be a physician licensed under chapter 458 or chapter 459
168 who is a board-certified pediatrician with a subspecialty
169 certification in child abuse from the American Board of
170 Pediatrics. The Statewide Medical Director for Child Protection
171 shall report directly to the Deputy Secretary for Children’s
172 Medical Services.
173 (b) Each Child Protection Team medical director must be a
174 physician licensed under chapter 458 or chapter 459 who is a
175 board-certified physician in pediatrics or family medicine and,
176 within 2 years after the date of employment as a Child
177 Protection Team medical director, obtains a subspecialty
178 certification in child abuse from the American Board of
179 Pediatrics or within 2 years meet the minimum requirements
180 established by a third-party credentialing entity recognizing a
181 demonstrated specialized competence in child abuse pediatrics
182 pursuant to paragraph (d). Each Child Protection Team medical
183 director employed on July 1, 2015, must, by July 1, 2019, either
184 obtain a subspecialty certification in child abuse from the
185 American Board of Pediatrics or meet the minimum requirements
186 established by a third-party credentialing entity recognizing a
187 demonstrated specialized competence in child abuse pediatrics
188 pursuant to paragraph (d). Child Protection Team medical
189 directors shall be responsible for oversight of the teams in the
190 circuits. Each Child Protection Team medical director shall
191 report directly to the Statewide Medical Director for Child
192 Protection.
193 Section 2. Section 381.0042, Florida Statutes, is amended
194 to read:
195 381.0042 Patient care for persons with HIV infection.—The
196 department may establish human immunodeficiency virus acquired
197 immune deficiency syndrome patient care networks in each region
198 of the state where the number numbers of cases of acquired
199 immune deficiency syndrome and other human immunodeficiency
200 virus transmission infections justifies the establishment of
201 cost-effective regional patient care networks. Such networks
202 shall be delineated by rule of the department which shall take
203 into account natural trade areas and centers of medical
204 excellence that specialize in the treatment of human
205 immunodeficiency virus acquired immune deficiency syndrome, as
206 well as available federal, state, and other funds. Each patient
207 care network shall include representation of persons with human
208 immunodeficiency virus infection; health care providers;
209 business interests; the department, including, but not limited
210 to, county health departments; and local units of government.
211 Each network shall plan for the care and treatment of persons
212 with human immunodeficiency virus acquired immune deficiency
213 syndrome and acquired immune deficiency syndrome related complex
214 in a cost-effective, dignified manner that which emphasizes
215 outpatient and home care. Once per each year, beginning April
216 1989, each network shall make its recommendations concerning the
217 needs for patient care to the department.
218 Section 3. Subsection (3) of section 381.4018, Florida
219 Statutes, is amended to read:
220 381.4018 Physician workforce assessment and development.—
221 (3) GENERAL FUNCTIONS.—The department shall maximize the
222 use of existing programs under the jurisdiction of the
223 department and other state agencies and coordinate governmental
224 and nongovernmental stakeholders and resources in order to
225 develop a state strategic plan and assess the implementation of
226 such strategic plan. In developing the state strategic plan, the
227 department shall:
228 (a) Monitor, evaluate, and report on the supply and
229 distribution of physicians licensed under chapter 458 or chapter
230 459. The department shall maintain a database to serve as a
231 statewide source of data concerning the physician workforce.
232 (b) Develop a model and quantify, on an ongoing basis, the
233 adequacy of the state’s current and future physician workforce
234 as reliable data becomes available. Such model must take into
235 account demographics, physician practice status, place of
236 education and training, generational changes, population growth,
237 economic indicators, and issues concerning the “pipeline” into
238 medical education.
239 (c) Develop and recommend strategies to determine whether
240 the number of qualified medical school applicants who might
241 become competent, practicing physicians in this state will be
242 sufficient to meet the capacity of the state’s medical schools.
243 If appropriate, the department shall, working with
244 representatives of appropriate governmental and nongovernmental
245 entities, develop strategies and recommendations and identify
246 best practice programs that introduce health care as a
247 profession and strengthen skills needed for medical school
248 admission for elementary, middle, and high school students, and
249 improve premedical education at the precollege and college level
250 in order to increase this state’s potential pool of medical
251 students.
252 (d) Develop strategies to ensure that the number of
253 graduates from the state’s public and private allopathic and
254 osteopathic medical schools is adequate to meet physician
255 workforce needs, based on the analysis of the physician
256 workforce data, so as to provide a high-quality medical
257 education to students in a manner that recognizes the uniqueness
258 of each new and existing medical school in this state.
259 (e) Pursue strategies and policies to create, expand, and
260 maintain graduate medical education positions in the state based
261 on the analysis of the physician workforce data. Such strategies
262 and policies must take into account the effect of federal
263 funding limitations on the expansion and creation of positions
264 in graduate medical education. The department shall develop
265 options to address such federal funding limitations. The
266 department shall consider options to provide direct state
267 funding for graduate medical education positions in a manner
268 that addresses requirements and needs relative to accreditation
269 of graduate medical education programs. The department shall
270 consider funding residency positions as a means of addressing
271 needed physician specialty areas, rural areas having a shortage
272 of physicians, and areas of ongoing critical need, and as a
273 means of addressing the state’s physician workforce needs based
274 on an ongoing analysis of physician workforce data.
275 (f) Develop strategies to maximize federal and state
276 programs that provide for the use of incentives to attract
277 physicians to this state or retain physicians within the state.
278 Such strategies should explore and maximize federal-state
279 partnerships that provide incentives for physicians to practice
280 in federally designated shortage areas, in otherwise medically
281 underserved areas, or in rural areas. Strategies shall also
282 consider the use of state programs, such as the Medical
283 Education Reimbursement and Loan Repayment Program pursuant to
284 s. 1009.65, which provide for education loan repayment or loan
285 forgiveness and provide monetary incentives for physicians to
286 relocate to underserved areas of the state.
287 (g) Coordinate and enhance activities relative to physician
288 workforce needs, undergraduate medical education, graduate
289 medical education, and reentry of retired military and other
290 physicians into the physician workforce provided by the Division
291 of Medical Quality Assurance, area health education center
292 networks established pursuant to s. 381.0402, and other offices
293 and programs within the department as designated by the State
294 Surgeon General.
295 (h) Work in conjunction with and act as a coordinating body
296 for governmental and nongovernmental stakeholders to address
297 matters relating to the state’s physician workforce assessment
298 and development for the purpose of ensuring an adequate supply
299 of well-trained physicians to meet the state’s future needs.
300 Such governmental stakeholders shall include, but need not be
301 limited to, the State Surgeon General or his or her designee,
302 the Commissioner of Education or his or her designee, the
303 Secretary of Health Care Administration or his or her designee,
304 and the Chancellor of the State University System or his or her
305 designee, and, at the discretion of the department, other
306 representatives of state and local agencies that are involved in
307 assessing, educating, or training the state’s current or future
308 physicians. Other stakeholders shall include, but need not be
309 limited to, organizations representing the state’s public and
310 private allopathic and osteopathic medical schools;
311 organizations representing hospitals and other institutions
312 providing health care, particularly those that currently provide
313 or have an interest in providing accredited medical education
314 and graduate medical education to medical students and medical
315 residents; organizations representing allopathic and osteopathic
316 practicing physicians; and, at the discretion of the department,
317 representatives of other organizations or entities involved in
318 assessing, educating, or training the state’s current or future
319 physicians.
320 (i) Serve as a liaison with other states and federal
321 agencies and programs in order to enhance resources available to
322 the state’s physician workforce and medical education continuum.
323 (j) Act as a clearinghouse for collecting and disseminating
324 information concerning the physician workforce and medical
325 education continuum in this state.
326
327 The department may adopt rules to implement this subsection,
328 including rules that establish guidelines to implement the
329 federal Conrad 30 Waiver Program created under s. 214(l) of the
330 Immigration and Nationality Act.
331 Section 4. Paragraph (c) of subsection (4) of section
332 381.915, Florida Statutes, is amended to read:
333 381.915 Florida Consortium of National Cancer Institute
334 Centers Program.—
335 (4) Tier designations and corresponding weights within the
336 Florida Consortium of National Cancer Institute Centers Program
337 are as follows:
338 (c) Tier 3: Florida-based cancer centers seeking
339 designation as either a NCI-designated cancer center or NCI
340 designated comprehensive cancer center, which shall be weighted
341 at 1.0.
342 1. A cancer center shall meet the following minimum
343 criteria to be considered eligible for Tier 3 designation in any
344 given fiscal year:
345 a. Conducting cancer-related basic scientific research and
346 cancer-related population scientific research;
347 b. Offering and providing the full range of diagnostic and
348 treatment services on site, as determined by the Commission on
349 Cancer of the American College of Surgeons;
350 c. Hosting or conducting cancer-related interventional
351 clinical trials that are registered with the NCI’s Clinical
352 Trials Reporting Program;
353 d. Offering degree-granting programs or affiliating with
354 universities through degree-granting programs accredited or
355 approved by a nationally recognized agency and offered through
356 the center or through the center in conjunction with another
357 institution accredited by the Commission on Colleges of the
358 Southern Association of Colleges and Schools;
359 e. Providing training to clinical trainees, medical
360 trainees accredited by the Accreditation Council for Graduate
361 Medical Education or the American Osteopathic Association, and
362 postdoctoral fellows recently awarded a doctorate degree; and
363 f. Having more than $5 million in annual direct costs
364 associated with their total NCI peer-reviewed grant funding.
365 2. The General Appropriations Act or accompanying
366 legislation may limit the number of cancer centers which shall
367 receive Tier 3 designations or provide additional criteria for
368 such designation.
369 3. A cancer center’s participation in Tier 3 may not extend
370 beyond June 30, 2024 shall be limited to 6 years.
371 4. A cancer center that qualifies as a designated Tier 3
372 center under the criteria provided in subparagraph 1. by July 1,
373 2014, is authorized to pursue NCI designation as a cancer center
374 or a comprehensive cancer center until June 30, 2024 for 6 years
375 after qualification.
376 Section 5. Paragraphs (c) and (d) of subsection (1) of
377 section 401.35, Florida Statutes, are amended to read:
378 401.35 Rules.—The department shall adopt rules, including
379 definitions of terms, necessary to carry out the purposes of
380 this part.
381 (1) The rules must provide at least minimum standards
382 governing:
383 (c) Ground ambulance and vehicle equipment and supplies
384 that a licensee with a valid vehicle permit under s. 401.26 is
385 required to maintain to provide basic or advanced life support
386 services at least as comprehensive as those published in the
387 most current edition of the American College of Surgeons,
388 Committee on Trauma, list of essential equipment for ambulances,
389 as interpreted by rules of the department.
390 (d) Ground ambulance or vehicle design and construction
391 based on national standards recognized by the department and at
392 least equal to those most currently recommended by the United
393 States General Services Administration as interpreted by
394 department rule rules of the department.
395 Section 6. Subsection (21) is added to section 404.031,
396 Florida Statutes, to read:
397 404.031 Definitions.—As used in this chapter, unless the
398 context clearly indicates otherwise, the term:
399 (21) ″Useful beam″ means that portion of the radiation
400 emitted from a radiation machine through the aperture of the
401 machine′s beam-limiting device which is designed to focus the
402 radiation on the intended target in order to accomplish the
403 machine′s purpose when the machine′s exposure controls are in a
404 mode to cause the system to produce radiation.
405 Section 7. Subsections (7) and (8) are added to section
406 404.22, Florida Statutes, to read:
407 404.22 Radiation machines and components; inspection.—
408 (7) Radiation machines that are used to intentionally
409 expose a human being to the useful beam:
410 (a) Must be maintained and operated according to
411 manufacturer standards or nationally recognized consensus
412 standards accepted by the department;
413 (b) Must be operated at the lowest exposure that will
414 achieve the intended purpose of the exposure; and
415 (c) May not be modified in a manner that causes the
416 original parts to operate in a way that differs from the
417 original manufacturer′s design specification or the parameters
418 approved for the machine and its components by the United States
419 Food and Drug Administration.
420 (8) A human being may be exposed to the useful beam of a
421 radiation machine only under the following conditions:
422 (a) For the purpose of medical or health care, if a
423 licensed health care practitioner operating within the scope of
424 his or her practice has determined that the exposure provides a
425 medical or health benefit greater than the health risks posed by
426 the exposure and the health care practitioner uses the results
427 of the exposure in the medical or health care of the exposed
428 individual; or
429 (b) For the purpose of providing security for facilities or
430 other venues, if the exposure is determined to provide a life
431 safety benefit to the individual exposed which is greater than
432 the health risk posed by the exposure. Such determination must
433 be made by an individual trained in evaluating and calculating
434 comparative mortality and morbidity risks according to standards
435 set by the department. To be valid, the calculation and method
436 of making the determination must be submitted to and accepted by
437 the department. Limits to annual total exposure for security
438 purposes must be adopted by department rule based on nationally
439 recognized limits or relevant consensus standards.
440 Section 8. Paragraphs (a) and (b) of subsection (1) of
441 section 456.013, Florida Statutes, are amended to read:
442 456.013 Department; general licensing provisions.—
443 (1)(a) Any person desiring to be licensed in a profession
444 within the jurisdiction of the department must shall apply to
445 the department in writing to take the licensure examination. The
446 application must shall be made on a form prepared and furnished
447 by the department. The application form must be available on the
448 Internet World Wide Web and the department may accept
449 electronically submitted applications. The application shall
450 require the social security number and date of birth of the
451 applicant, except as provided in paragraphs (b) and (c). The
452 form shall be supplemented as needed to reflect any material
453 change in any circumstance or condition stated in the
454 application which takes place between the initial filing of the
455 application and the final grant or denial of the license and
456 which might affect the decision of the department. If an
457 application is submitted electronically, the department may
458 require supplemental materials, including an original signature
459 of the applicant and verification of credentials, to be
460 submitted in a nonelectronic format. An incomplete application
461 shall expire 1 year after initial filing. In order to further
462 the economic development goals of the state, and notwithstanding
463 any law to the contrary, the department may enter into an
464 agreement with the county tax collector for the purpose of
465 appointing the county tax collector as the department’s agent to
466 accept applications for licenses and applications for renewals
467 of licenses. The agreement must specify the time within which
468 the tax collector must forward any applications and accompanying
469 application fees to the department.
470 (b) If an applicant has not been issued a social security
471 number by the Federal Government at the time of application
472 because the applicant is not a citizen or resident of this
473 country, the department may process the application using a
474 unique personal identification number. If such an applicant is
475 otherwise eligible for licensure, the board, or the department
476 when there is no board, may issue a temporary license to the
477 applicant, which shall expire 30 days after issuance unless a
478 social security number is obtained and submitted in writing to
479 the department. A temporary license issued under this paragraph
480 to an applicant who has accepted a position with an accredited
481 residency, internship, or fellowship program in this state and
482 is applying for registration under s. 458.345 or s. 459.021
483 shall expire 60 days after issuance unless the applicant obtains
484 a social security number and submits it in writing to the
485 department. Upon receipt of the applicant’s social security
486 number, the department shall issue a new license, which shall
487 expire at the end of the current biennium.
488 Section 9. Paragraph (k) of subsection (1) of section
489 456.072, Florida Statutes, is amended to read:
490 456.072 Grounds for discipline; penalties; enforcement.—
491 (1) The following acts shall constitute grounds for which
492 the disciplinary actions specified in subsection (2) may be
493 taken:
494 (k) Failing to perform any statutory or legal obligation
495 placed upon a licensee. For purposes of this section, failing to
496 repay a student loan issued or guaranteed by the state or the
497 Federal Government in accordance with the terms of the loan is
498 not or failing to comply with service scholarship obligations
499 shall be considered a failure to perform a statutory or legal
500 obligation, and the minimum disciplinary action imposed shall be
501 a suspension of the license until new payment terms are agreed
502 upon or the scholarship obligation is resumed, followed by
503 probation for the duration of the student loan or remaining
504 scholarship obligation period, and a fine equal to 10 percent of
505 the defaulted loan amount. Fines collected shall be deposited
506 into the Medical Quality Assurance Trust Fund.
507 Section 10. Section 456.0721, Florida Statutes, is
508 repealed.
509 Section 11. Subsection (4) of section 456.074, Florida
510 Statutes, is amended to read:
511 456.074 Certain health care practitioners; immediate
512 suspension of license.—
513 (4) Upon receipt of information that a Florida-licensed
514 health care practitioner has defaulted on a student loan issued
515 or guaranteed by the state or the Federal Government, the
516 department shall notify the licensee by certified mail that he
517 or she shall be subject to immediate suspension of license
518 unless, within 45 days after the date of mailing, the licensee
519 provides proof that new payment terms have been agreed upon by
520 all parties to the loan. The department shall issue an emergency
521 order suspending the license of any licensee who, after 45 days
522 following the date of mailing from the department, has failed to
523 provide such proof. Production of such proof shall not prohibit
524 the department from proceeding with disciplinary action against
525 the licensee pursuant to s. 456.073.
526 Section 12. Subsection (1) of section 458.3145, Florida
527 Statutes, is amended to read:
528 458.3145 Medical faculty certificate.—
529 (1) A medical faculty certificate may be issued without
530 examination to an individual who:
531 (a) Is a graduate of an accredited medical school or its
532 equivalent, or is a graduate of a foreign medical school listed
533 with the World Health Organization;
534 (b) Holds a valid, current license to practice medicine in
535 another jurisdiction;
536 (c) Has completed the application form and remitted a
537 nonrefundable application fee not to exceed $500;
538 (d) Has completed an approved residency or fellowship of at
539 least 1 year or has received training which has been determined
540 by the board to be equivalent to the 1-year residency
541 requirement;
542 (e) Is at least 21 years of age;
543 (f) Is of good moral character;
544 (g) Has not committed any act in this or any other
545 jurisdiction which would constitute the basis for disciplining a
546 physician under s. 458.331;
547 (h) For any applicant who has graduated from medical school
548 after October 1, 1992, has completed, before entering medical
549 school, the equivalent of 2 academic years of preprofessional,
550 postsecondary education, as determined by rule of the board,
551 which must include, at a minimum, courses in such fields as
552 anatomy, biology, and chemistry; and
553 (i) Has been offered and has accepted a full-time faculty
554 appointment to teach in a program of medicine at:
555 1. The University of Florida;
556 2. The University of Miami;
557 3. The University of South Florida;
558 4. The Florida State University;
559 5. The Florida International University;
560 6. The University of Central Florida;
561 7. The Mayo Clinic College of Medicine and Science in
562 Jacksonville, Florida;
563 8. The Florida Atlantic University; or
564 9. The Johns Hopkins All Children’s Hospital in St.
565 Petersburg, Florida;
566 10. Nova Southeastern University; or
567 11. Lake Erie College of Osteopathic Medicine.
568 Section 13. Section 458.3312, Florida Statutes, is amended
569 to read:
570 458.3312 Specialties.—A physician licensed under this
571 chapter may not hold himself or herself out as a board-certified
572 specialist unless the physician has received formal recognition
573 as a specialist from a specialty board of the American Board of
574 Medical Specialties or other recognizing agency that has been
575 approved by the board. However, a physician may indicate the
576 services offered and may state that his or her practice is
577 limited to one or more types of services when this accurately
578 reflects the scope of practice of the physician. A physician may
579 not hold himself or herself out as a board-certified specialist
580 in dermatology unless the recognizing agency, whether authorized
581 in statute or by rule, is triennially reviewed and reauthorized
582 by the Board of Medicine.
583 Section 14. Subsection (1) of section 459.0055, Florida
584 Statutes, is amended to read:
585 459.0055 General licensure requirements.—
586 (1) Except as otherwise provided herein, any person
587 desiring to be licensed or certified as an osteopathic physician
588 pursuant to this chapter shall:
589 (a) Complete an application form and submit the appropriate
590 fee to the department;
591 (b) Be at least 21 years of age;
592 (c) Be of good moral character;
593 (d) Have completed at least 3 years of preprofessional
594 postsecondary education;
595 (e) Have not previously committed any act that would
596 constitute a violation of this chapter, unless the board
597 determines that such act does not adversely affect the
598 applicant’s present ability and fitness to practice osteopathic
599 medicine;
600 (f) Not be under investigation in any jurisdiction for an
601 act that would constitute a violation of this chapter. If, upon
602 completion of such investigation, it is determined that the
603 applicant has committed an act that would constitute a violation
604 of this chapter, the applicant is ineligible for licensure
605 unless the board determines that such act does not adversely
606 affect the applicant’s present ability and fitness to practice
607 osteopathic medicine;
608 (g) Have not had an application for a license to practice
609 osteopathic medicine denied or a license to practice osteopathic
610 medicine revoked, suspended, or otherwise acted against by the
611 licensing authority of any jurisdiction unless the board
612 determines that the grounds on which such action was taken do
613 not adversely affect the applicant’s present ability and fitness
614 to practice osteopathic medicine. A licensing authority’s
615 acceptance of a physician’s relinquishment of license,
616 stipulation, consent order, or other settlement, offered in
617 response to or in anticipation of the filing of administrative
618 charges against the osteopathic physician, shall be considered
619 action against the osteopathic physician’s license;
620 (h) Not have received less than a satisfactory evaluation
621 from an internship, residency, or fellowship training program,
622 unless the board determines that such act does not adversely
623 affect the applicant’s present ability and fitness to practice
624 osteopathic medicine. Such evaluation shall be provided by the
625 director of medical education from the medical training
626 facility;
627 (i) Have met the criteria set forth in s. 459.0075, s.
628 459.0077, or s. 459.021, whichever is applicable;
629 (j) Submit to the department a set of fingerprints on a
630 form and under procedures specified by the department, along
631 with a payment in an amount equal to the costs incurred by the
632 Department of Health for the criminal background check of the
633 applicant;
634 (k) Demonstrate that he or she is a graduate of a medical
635 college recognized and approved by the American Osteopathic
636 Association;
637 (l) Demonstrate that she or he has successfully completed
638 an internship or residency a resident internship of not less
639 than 12 months in a program accredited hospital approved for
640 this purpose by the Board of Trustees of the American
641 Osteopathic Association or the Accreditation Council for
642 Graduate Medical Education any other internship program approved
643 by the board upon a showing of good cause by the applicant. This
644 requirement may be waived for an applicant who matriculated in a
645 college of osteopathic medicine during or before 1948; and
646 (m) Demonstrate that she or he has obtained a passing
647 score, as established by rule of the board, on all parts of the
648 examination conducted by the National Board of Osteopathic
649 Medical Examiners or other examination approved by the board no
650 more than 5 years before making application in this state or, if
651 holding a valid active license in another state, that the
652 initial licensure in the other state occurred no more than 5
653 years after the applicant obtained a passing score on the
654 examination conducted by the National Board of Osteopathic
655 Medical Examiners or other substantially similar examination
656 approved by the board.
657 Section 15. Section 460.4166, Florida Statutes, is
658 repealed.
659 Section 16. Effective upon this act becoming a law,
660 subsections (8) and (10) of section 464.019, Florida Statutes,
661 are amended, and paragraph (f) is added to subsection (11) of
662 that section, to read:
663 464.019 Approval of nursing education programs.—
664 (8) RULEMAKING.—The board does not have rulemaking
665 authority to administer this section, except that the board
666 shall adopt rules that prescribe the format for submitting
667 program applications under subsection (1) and annual reports
668 under subsection (3), and to administer the documentation of the
669 accreditation of nursing education programs under subsection
670 (11). The board may adopt rules relating to the nursing
671 curriculum, including rules relating to the uses and limitations
672 of simulation technology, and rules relating to the criteria to
673 qualify for an extension of time to meet the accreditation
674 requirements under paragraph (11)(f). The board may not impose
675 any condition or requirement on an educational institution
676 submitting a program application, an approved program, or an
677 accredited program, except as expressly provided in this
678 section.
679 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
680 shall study the administration of this section and submit
681 reports to the Governor, the President of the Senate, and the
682 Speaker of the House of Representatives annually by January 30,
683 through January 30, 2025 2020. The annual reports shall address
684 the previous academic year; provide data on the measures
685 specified in paragraphs (a) and (b), as such data becomes
686 available; and include an evaluation of such data for purposes
687 of determining whether this section is increasing the
688 availability of nursing education programs and the production of
689 quality nurses. The department and each approved program or
690 accredited program shall comply with requests for data from the
691 Florida Center for Nursing.
692 (a) The Florida Center for Nursing shall evaluate program
693 specific data for each approved program and accredited program
694 conducted in the state, including, but not limited to:
695 1. The number of programs and student slots available.
696 2. The number of student applications submitted, the number
697 of qualified applicants, and the number of students accepted.
698 3. The number of program graduates.
699 4. Program retention rates of students tracked from program
700 entry to graduation.
701 5. Graduate passage rates on the National Council of State
702 Boards of Nursing Licensing Examination.
703 6. The number of graduates who become employed as practical
704 or professional nurses in the state.
705 (b) The Florida Center for Nursing shall evaluate the
706 board’s implementation of the:
707 1. Program application approval process, including, but not
708 limited to, the number of program applications submitted under
709 subsection (1),; the number of program applications approved and
710 denied by the board under subsection (2),; the number of denials
711 of program applications reviewed under chapter 120,; and a
712 description of the outcomes of those reviews.
713 2. Accountability processes, including, but not limited to,
714 the number of programs on probationary status, the number of
715 approved programs for which the program director is required to
716 appear before the board under subsection (5), the number of
717 approved programs terminated by the board, the number of
718 terminations reviewed under chapter 120, and a description of
719 the outcomes of those reviews.
720 (c) The Florida Center for Nursing shall complete an annual
721 assessment of compliance by programs with the accreditation
722 requirements of subsection (11), include in the assessment a
723 determination of the accreditation process status for each
724 program, and submit the assessment as part of the reports
725 required by this subsection.
726 (11) ACCREDITATION REQUIRED.—
727 (f) To increase the supply of available nurses, it is the
728 intent of the Legislature to accommodate nursing education
729 programs that are in substantial compliance with this
730 subsection. An approved nursing education program may, no sooner
731 than 90 days before the deadline for meeting the accreditation
732 requirements of this subsection, apply to the board for an
733 extension of the accreditation deadline for a period which does
734 not exceed 2 years. An additional extension may not be granted.
735 In order to be eligible for the extension, the approved program
736 must establish that it has a graduate passage rate of 60 percent
737 or higher on the National Council of State Boards of Nursing
738 Licensing Examination for the most recent calendar year and must
739 meet a majority of the board’s additional criteria, including,
740 but not limited to, all of the following:
741 1. A student retention rate of 60 percent or higher for the
742 most recent calendar year.
743 2. A graduate work placement rate of 70 percent or higher
744 for the most recent calendar year.
745 3. The program has applied for approval or been approved by
746 an institutional or programmatic accreditor recognized by the
747 United States Department of Education.
748 4. The program is in full compliance with subsections (1)
749 and (3) and paragraph (5)(b).
750 5. The program is not currently in its second year of
751 probationary status under subsection (5).
752
753 The applicable deadline under this paragraph is tolled from the
754 date on which an approved program applies for an extension until
755 the date on which the board issues a decision on the requested
756 extension.
757 Section 17. Section 464.202, Florida Statutes, is amended
758 to read:
759 464.202 Duties and powers of the board.—The board shall
760 maintain, or contract with or approve another entity to
761 maintain, a state registry of certified nursing assistants. The
762 registry must consist of the name of each certified nursing
763 assistant in this state; other identifying information defined
764 by board rule; certification status; the effective date of
765 certification; other information required by state or federal
766 law; information regarding any crime or any abuse, neglect, or
767 exploitation as provided under chapter 435; and any disciplinary
768 action taken against the certified nursing assistant. The
769 registry shall be accessible to the public, the
770 certificateholder, employers, and other state agencies. The
771 board shall adopt by rule testing procedures for use in
772 certifying nursing assistants and shall adopt rules regulating
773 the practice of certified nursing assistants, including
774 disciplinary procedures and standards of practice, and
775 specifying the scope of practice authorized and the level of
776 supervision required for the practice of certified nursing
777 assistants. The board may contract with or approve another
778 entity or organization to provide the examination services,
779 including the development and administration of examinations.
780 The board shall require that the contract provider offer
781 certified nursing assistant applications via the Internet, and
782 may require the contract provider to accept certified nursing
783 assistant applications for processing via the Internet. The
784 board shall require the contract provider to provide the
785 preliminary results of the certified nursing examination on the
786 date the test is administered. The provider shall pay all
787 reasonable costs and expenses incurred by the board in
788 evaluating the provider’s application and performance during the
789 delivery of services, including examination services and
790 procedures for maintaining the certified nursing assistant
791 registry.
792 Section 18. Paragraph (c) of subsection (1) of section
793 464.203, Florida Statutes, is amended to read:
794 464.203 Certified nursing assistants; certification
795 requirement.—
796 (1) The board shall issue a certificate to practice as a
797 certified nursing assistant to any person who demonstrates a
798 minimum competency to read and write and successfully passes the
799 required background screening pursuant to s. 400.215. If the
800 person has successfully passed the required background screening
801 pursuant to s. 400.215 or s. 408.809 within 90 days before
802 applying for a certificate to practice and the person’s
803 background screening results are not retained in the
804 clearinghouse created under s. 435.12, the board shall waive the
805 requirement that the applicant successfully pass an additional
806 background screening pursuant to s. 400.215. The person must
807 also meet one of the following requirements:
808 (c) Is currently certified in another state or territory of
809 the United States or in the District of Columbia; is listed on
810 that jurisdiction’s state’s certified nursing assistant
811 registry; and has not been found to have committed abuse,
812 neglect, or exploitation in that jurisdiction state.
813 Section 19. Paragraph (b) of subsection (1) of section
814 464.204, Florida Statutes, is amended to read:
815 464.204 Denial, suspension, or revocation of certification;
816 disciplinary actions.—
817 (1) The following acts constitute grounds for which the
818 board may impose disciplinary sanctions as specified in
819 subsection (2):
820 (b) Intentionally Violating any provision of this chapter,
821 chapter 456, or the rules adopted by the board.
822 Section 20. Subsections (3) and (4) of section 466.006,
823 Florida Statutes, are amended to read:
824 466.006 Examination of dentists.—
825 (3) If an applicant is a graduate of a dental college or
826 school not accredited in accordance with paragraph (2)(b) or of
827 a dental college or school not approved by the board, the
828 applicant is not entitled to take the examinations required in
829 this section to practice dentistry until she or he satisfies one
830 of the following:
831 (a) Completes a program of study, as defined by the board
832 by rule, at an accredited American dental school and
833 demonstrates receipt of a D.D.S. or D.M.D. from said school; or
834 (b) Submits proof of having successfully completed at least
835 2 consecutive academic years at a full-time supplemental general
836 dentistry program accredited by the American Dental Association
837 Commission on Dental Accreditation. This program must provide
838 didactic and clinical education at the level of a D.D.S. or
839 D.M.D. program accredited by the American Dental Association
840 Commission on Dental Accreditation. For purposes of this
841 paragraph, a supplemental general dentistry program does not
842 include an advanced education program in a dental specialty.
843 (4) Notwithstanding any other provision of law in chapter
844 456 pertaining to the clinical dental licensure examination or
845 national examinations, to be licensed as a dentist in this
846 state, an applicant must successfully complete both of the
847 following:
848 (a) A written examination on the laws and rules of the
849 state regulating the practice of dentistry.;
850 (b)1. A practical or clinical examination, which must shall
851 be the American Dental Licensing Examination produced by the
852 American Board of Dental Examiners, Inc., or its successor
853 entity, if any, that is administered in this state and graded by
854 dentists licensed in this state and employed by the department
855 for just such purpose, provided that the board has attained, and
856 continues to maintain thereafter, representation on the board of
857 directors of the American Board of Dental Examiners, the
858 examination development committee of the American Board of
859 Dental Examiners, and such other committees of the American
860 Board of Dental Examiners as the board deems appropriate by rule
861 to assure that the standards established herein are maintained
862 organizationally. A passing score on the American Dental
863 Licensing Examination administered in this state and graded by
864 dentists who are licensed in this state is valid for 365 days
865 after the date the official examination results are published.
866 1.2.a. As an alternative to such practical or clinical
867 examination the requirements of subparagraph 1., an applicant
868 may submit scores from an American Dental Licensing Examination
869 previously administered in a jurisdiction other than this state
870 after October 1, 2011, and such examination results shall be
871 recognized as valid for the purpose of licensure in this state.
872 A passing score on the American Dental Licensing Examination
873 administered out of state out-of-state shall be the same as the
874 passing score for the American Dental Licensing Examination
875 administered in this state and graded by dentists who are
876 licensed in this state. The examination results are valid for
877 365 days after the date the official examination results are
878 published. The applicant must have completed the examination
879 after October 1, 2011.
880 b. This subparagraph may not be given retroactive
881 application.
882 2.3. If the date of an applicant’s passing American Dental
883 Licensing Examination scores from an examination previously
884 administered in a jurisdiction other than this state under
885 subparagraph 1. subparagraph 2. is older than 365 days, then
886 such scores are shall nevertheless be recognized as valid for
887 the purpose of licensure in this state, but only if the
888 applicant demonstrates that all of the following additional
889 standards have been met:
890 a.(I) The applicant completed the American Dental Licensing
891 Examination after October 1, 2011.
892 (II) This sub-subparagraph may not be given retroactive
893 application;
894 b. The applicant graduated from a dental school accredited
895 by the American Dental Association Commission on Dental
896 Accreditation or its successor entity, if any, or any other
897 dental accrediting organization recognized by the United States
898 Department of Education. Provided, however, if the applicant did
899 not graduate from such a dental school, the applicant may submit
900 proof of having successfully completed a full-time supplemental
901 general dentistry program accredited by the American Dental
902 Association Commission on Dental Accreditation of at least 2
903 consecutive academic years at such accredited sponsoring
904 institution. Such program must provide didactic and clinical
905 education at the level of a D.D.S. or D.M.D. program accredited
906 by the American Dental Association Commission on Dental
907 Accreditation. For purposes of this paragraph, a supplemental
908 general dentistry program does not include an advanced education
909 program in a dental specialty;
910 c. The applicant currently possesses a valid and active
911 dental license in good standing, with no restriction, which has
912 never been revoked, suspended, restricted, or otherwise
913 disciplined, from another state or territory of the United
914 States, the District of Columbia, or the Commonwealth of Puerto
915 Rico;
916 d. The applicant submits proof that he or she has never
917 been reported to the National Practitioner Data Bank, the
918 Healthcare Integrity and Protection Data Bank, or the American
919 Association of Dental Boards Clearinghouse. This sub
920 subparagraph does not apply if the applicant successfully
921 appealed to have his or her name removed from the data banks of
922 these agencies;
923 e.(I)(A) In the 5 years immediately preceding the date of
924 application for licensure in this state, The applicant submits
925 must submit proof of having been consecutively engaged in the
926 full-time practice of dentistry in another state or territory of
927 the United States, the District of Columbia, or the Commonwealth
928 of Puerto Rico in the 5 years immediately preceding the date of
929 application for licensure in this state;, or,
930 (B) If the applicant has been licensed in another state or
931 territory of the United States, the District of Columbia, or the
932 Commonwealth of Puerto Rico for less than 5 years, the applicant
933 submits must submit proof of having been engaged in the full
934 time practice of dentistry since the date of his or her initial
935 licensure.
936 (II) As used in this section, “full-time practice” is
937 defined as a minimum of 1,200 hours per year for each and every
938 year in the consecutive 5-year period or, when where applicable,
939 the period since initial licensure, and must include any
940 combination of the following:
941 (A) Active clinical practice of dentistry providing direct
942 patient care.
943 (B) Full-time practice as a faculty member employed by a
944 dental or dental hygiene school approved by the board or
945 accredited by the American Dental Association Commission on
946 Dental Accreditation.
947 (C) Full-time practice as a student at a postgraduate
948 dental education program approved by the board or accredited by
949 the American Dental Association Commission on Dental
950 Accreditation.
951 (III) The board shall develop rules to determine what type
952 of proof of full-time practice is required and to recoup the
953 cost to the board of verifying full-time practice under this
954 section. Such proof must, at a minimum, be:
955 (A) Admissible as evidence in an administrative proceeding;
956 (B) Submitted in writing;
957 (C) Submitted by the applicant under oath with penalties of
958 perjury attached;
959 (D) Further documented by an affidavit of someone unrelated
960 to the applicant who is familiar with the applicant’s practice
961 and testifies with particularity that the applicant has been
962 engaged in full-time practice; and
963 (E) Specifically found by the board to be both credible and
964 admissible.
965 (IV) An affidavit of only the applicant is not acceptable
966 proof of full-time practice unless it is further attested to by
967 someone unrelated to the applicant who has personal knowledge of
968 the applicant’s practice. If the board deems it necessary to
969 assess credibility or accuracy, the board may require the
970 applicant or the applicant’s witnesses to appear before the
971 board and give oral testimony under oath;
972 f. The applicant submits must submit documentation that he
973 or she has completed, or will complete before he or she is
974 licensed, prior to licensure in this state, continuing education
975 equivalent to this state’s requirements for the last full
976 reporting biennium;
977 g. The applicant proves must prove that he or she has never
978 been convicted of, or pled nolo contendere to, regardless of
979 adjudication, any felony or misdemeanor related to the practice
980 of a health care profession in any jurisdiction;
981 h. The applicant has must successfully passed pass a
982 written examination on the laws and rules of this state
983 regulating the practice of dentistry and must successfully pass
984 the computer-based diagnostic skills examination; and
985 i. The applicant submits must submit documentation that he
986 or she has successfully completed the applicable examination
987 administered by the Joint Commission on National Dental
988 Examinations or its successor organization National Board of
989 Dental Examiners dental examination.
990 Section 21. Notwithstanding the January 1, 2020, repeal of
991 section 466.0067, Florida Statutes, that section is revived,
992 reenacted, and amended, to read:
993 466.0067 Application for health access dental license.—The
994 Legislature finds that there is an important state interest in
995 attracting dentists to practice in underserved health access
996 settings in this state and further, that allowing out-of-state
997 dentists who meet certain criteria to practice in health access
998 settings without the supervision of a dentist licensed in this
999 state is substantially related to achieving this important state
1000 interest. Therefore, notwithstanding the requirements of s.
1001 466.006, the board shall grant a health access dental license to
1002 practice dentistry in this state in health access settings as
1003 defined in s. 466.003 to an applicant who that:
1004 (1) Files an appropriate application approved by the board;
1005 (2) Pays an application license fee for a health access
1006 dental license, laws-and-rule exam fee, and an initial licensure
1007 fee. The fees specified in this subsection may not differ from
1008 an applicant seeking licensure pursuant to s. 466.006;
1009 (3) Has not been convicted of or pled nolo contendere to,
1010 regardless of adjudication, any felony or misdemeanor related to
1011 the practice of a health care profession;
1012 (4) Submits proof of graduation from a dental school
1013 accredited by the Commission on Dental Accreditation of the
1014 American Dental Association or its successor agency;
1015 (5) Submits documentation that she or he has completed, or
1016 will obtain before prior to licensure, continuing education
1017 equivalent to this state’s requirement for dentists licensed
1018 under s. 466.006 for the last full reporting biennium before
1019 applying for a health access dental license;
1020 (6) Submits proof of her or his successful completion of
1021 parts I and II of the dental examination by the National Board
1022 of Dental Examiners and a state or regional clinical dental
1023 licensing examination that the board has determined effectively
1024 measures the applicant’s ability to practice safely;
1025 (7) Currently holds a valid, active, dental license in good
1026 standing which has not been revoked, suspended, restricted, or
1027 otherwise disciplined from another of the United States, the
1028 District of Columbia, or a United States territory;
1029 (8) Has never had a license revoked from another of the
1030 United States, the District of Columbia, or a United States
1031 territory;
1032 (9) Has never failed the examination specified in s.
1033 466.006, unless the applicant was reexamined pursuant to s.
1034 466.006 and received a license to practice dentistry in this
1035 state;
1036 (10) Has not been reported to the National Practitioner
1037 Data Bank, unless the applicant successfully appealed to have
1038 his or her name removed from the data bank;
1039 (11) Submits proof that he or she has been engaged in the
1040 active, clinical practice of dentistry providing direct patient
1041 care for 5 years immediately preceding the date of application,
1042 or in instances when the applicant has graduated from an
1043 accredited dental school within the preceding 5 years, submits
1044 proof of continuous clinical practice providing direct patient
1045 care since graduation; and
1046 (12) Has passed an examination covering the laws and rules
1047 of the practice of dentistry in this state as described in s.
1048 466.006(4)(a).
1049 Section 22. Notwithstanding the January 1, 2020, repeal of
1050 section 466.00671, Florida Statutes, that section is revived,
1051 reenacted, and amended to read:
1052 466.00671 Renewal of the health access dental license.—
1053 (1) A health access dental licensee shall apply for renewal
1054 each biennium. At the time of renewal, the licensee shall sign a
1055 statement that she or he has complied with all continuing
1056 education requirements of an active dentist licensee. The board
1057 shall renew a health access dental license for an applicant who
1058 that:
1059 (a) Submits documentation, as approved by the board, from
1060 the employer in the health access setting that the licensee has
1061 at all times pertinent remained an employee;
1062 (b) Has not been convicted of or pled nolo contendere to,
1063 regardless of adjudication, any felony or misdemeanor related to
1064 the practice of a health care profession;
1065 (c) Has paid a renewal fee set by the board. The fee
1066 specified herein may not differ from the renewal fee adopted by
1067 the board pursuant to s. 466.013. The department may provide
1068 payment for these fees through the dentist’s salary, benefits,
1069 or other department funds;
1070 (d) Has not failed the examination specified in s. 466.006
1071 since initially receiving a health access dental license or
1072 since the last renewal; and
1073 (e) Has not been reported to the National Practitioner Data
1074 Bank, unless the applicant successfully appealed to have his or
1075 her name removed from the data bank.
1076 (2) The board may undertake measures to independently
1077 verify the health access dental licensee’s ongoing employment
1078 status in the health access setting.
1079 Section 23. Notwithstanding the January 1, 2020, repeal of
1080 section 466.00672, Florida Statutes, that section is revived and
1081 reenacted to read:
1082 466.00672 Revocation of health access dental license.—
1083 (1) The board shall revoke a health access dental license
1084 upon:
1085 (a) The licensee’s termination from employment from a
1086 qualifying health access setting;
1087 (b) Final agency action determining that the licensee has
1088 violated any provision of s. 466.027 or s. 466.028, other than
1089 infractions constituting citation offenses or minor violations;
1090 or
1091 (c) Failure of the Florida dental licensure examination.
1092 (2) Failure of an individual licensed pursuant to s.
1093 466.0067 to limit the practice of dentistry to health access
1094 settings as defined in s. 466.003 constitutes the unlicensed
1095 practice of dentistry.
1096 Section 24. Paragraph (b) of subsection (4) and paragraph
1097 (a) of subsection (6) of section 466.007, Florida Statutes, are
1098 amended to read:
1099 466.007 Examination of dental hygienists.—
1100 (4) Effective July 1, 2012, to be licensed as a dental
1101 hygienist in this state, an applicant must successfully complete
1102 the following:
1103 (b) A practical or clinical examination approved by the
1104 board. The examination shall be the Dental Hygiene Examination
1105 produced by the American Board of Dental Examiners, Inc. (ADEX)
1106 or its successor entity, if any, if the board finds that the
1107 successor entity’s clinical examination meets or exceeds the
1108 provisions of this section. The board shall approve the ADEX
1109 Dental Hygiene Examination if the board has attained and
1110 continues to maintain representation on the ADEX House of
1111 Representatives, the ADEX Dental Hygiene Examination Development
1112 Committee, and such other ADEX Dental Hygiene committees as the
1113 board deems appropriate through rulemaking to ensure that the
1114 standards established in this section are maintained
1115 organizationally. The ADEX Dental Hygiene Examination or the
1116 examination produced by its successor entity is a comprehensive
1117 examination in which an applicant must demonstrate skills within
1118 the dental hygiene scope of practice on a live patient and any
1119 other components that the board deems necessary for the
1120 applicant to successfully demonstrate competency for the purpose
1121 of licensure. The ADEX Dental Hygiene Examination or the
1122 examination by the successor entity administered in this state
1123 shall be graded by dentists and dental hygienists licensed in
1124 this state who are employed by the department for this purpose.
1125 (6)(a) A passing score on the ADEX Dental Hygiene
1126 Examination administered out of state must shall be considered
1127 the same as a passing score for the ADEX Dental Hygiene
1128 Examination administered in this state and graded by licensed
1129 dentists and dental hygienists.
1130 Section 25. Subsections (9) through (15) are added to
1131 section 466.017, Florida Statutes, to read:
1132 466.017 Prescription of drugs; anesthesia.—
1133 (9) Any adverse incident that occurs in an office
1134 maintained by a dentist must be reported to the department. The
1135 required notification to the department must be submitted in
1136 writing by certified mail and postmarked within 48 hours after
1137 the incident occurs.
1138 (10) A dentist practicing in this state must notify the
1139 board in writing by certified mail within 48 hours after any
1140 adverse incident that occurs in the dentist’s outpatient
1141 facility. A complete written report must be filed with the board
1142 within 30 days after the incident occurs.
1143 (11) Any certified registered dental hygienist
1144 administering local anesthesia must notify the board in writing
1145 by registered mail within 48 hours after any adverse incident
1146 that was related to or the result of the administration of local
1147 anesthesia. A complete written report must be filed with the
1148 board within 30 days after the mortality or other adverse
1149 incident.
1150 (12) A failure by the dentist or dental hygienist to timely
1151 and completely comply with all the reporting requirements in
1152 this section is the basis for disciplinary action by the board
1153 pursuant to s. 466.028(1).
1154 (13) The department shall review each adverse incident and
1155 determine whether it involved conduct by a health care
1156 professional subject to disciplinary action, in which case s.
1157 456.073 applies. Disciplinary action, if any, shall be taken by
1158 the board under which the health care professional is licensed.
1159 (14) As used in subsections (9)-(13), the term “adverse
1160 incident” means any mortality that occurs during or as the
1161 result of a dental procedure, or an incident that results in a
1162 temporary or permanent physical or mental injury that requires
1163 hospitalization or emergency room treatment of a dental patient
1164 which occurs during or as a direct result of the use of general
1165 anesthesia, deep sedation, moderate sedation, pediatric moderate
1166 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
1167 oxide, or local anesthesia.
1168 (15) The board may adopt rules to administer this section.
1169 Section 26. Section 466.031, Florida Statutes, is amended
1170 to read:
1171 466.031 “Dental laboratories laboratory” defined.—
1172 (1) As used in this chapter, the term “dental laboratory”
1173 as used in this chapter:
1174 (1) includes any person, firm, or corporation that who
1175 performs for a fee of any kind, gratuitously, or otherwise,
1176 directly or through an agent or an employee, by any means or
1177 method, or who in any way supplies or manufactures artificial
1178 substitutes for the natural teeth;, or who furnishes, supplies,
1179 constructs, or reproduces or repairs any prosthetic denture,
1180 bridge, or appliance to be worn in the human mouth; or who in
1181 any way represents holds itself out as a dental laboratory.
1182 (2) The term does not include a Excludes any dental
1183 laboratory technician who constructs or repairs dental
1184 prosthetic appliances in the office of a licensed dentist
1185 exclusively for that such dentist only and under her or his
1186 supervision and work order.
1187 (2) An employee or independent contractor of a dental
1188 laboratory, acting as an agent of that dental laboratory, may
1189 engage in onsite consultation with a licensed dentist during a
1190 dental procedure.
1191 Section 27. Section 466.036, Florida Statutes, is amended
1192 to read:
1193 466.036 Information; periodic inspections; equipment and
1194 supplies.—The department may require from the applicant for a
1195 registration certificate to operate a dental laboratory any
1196 information necessary to carry out the purpose of this chapter,
1197 including proof that the applicant has the equipment and
1198 supplies necessary to operate as determined by rule of the
1199 department, and shall require periodic inspection of all dental
1200 laboratories operating in this state at least once each biennial
1201 registration period. Such inspections must shall include, but
1202 need not be limited to, inspection of sanitary conditions,
1203 equipment, supplies, and facilities on the premises. The
1204 department shall specify dental equipment and supplies that are
1205 not allowed permitted in a registered dental laboratory.
1206 Section 28. Subsection (1) of section 468.701, Florida
1207 Statutes, is amended to read:
1208 468.701 Definitions.—As used in this part, the term:
1209 (1) “Athletic trainer” means a person licensed under this
1210 part who has met the requirements of under this part, including
1211 the education requirements established as set forth by the
1212 Commission on Accreditation of Athletic Training Education or
1213 its successor organization and necessary credentials from the
1214 Board of Certification. An individual who is licensed as an
1215 athletic trainer may not provide, offer to provide, or represent
1216 that he or she is qualified to provide any care or services that
1217 he or she lacks the education, training, or experience to
1218 provide, or that he or she is otherwise prohibited by law from
1219 providing.
1220 Section 29. Section 468.707, Florida Statutes, is amended
1221 to read:
1222 468.707 Licensure requirements.—Any person desiring to be
1223 licensed as an athletic trainer shall apply to the department on
1224 a form approved by the department. An applicant shall also
1225 provide records or other evidence, as determined by the board,
1226 to prove he or she has met the requirements of this section. The
1227 department shall license each applicant who:
1228 (1) Has completed the application form and remitted the
1229 required fees.
1230 (2) For a person who applies on or after July 1, 2016, Has
1231 submitted to background screening pursuant to s. 456.0135. The
1232 board may require a background screening for an applicant whose
1233 license has expired or who is undergoing disciplinary action.
1234 (3)(a) Has obtained, at a minimum, a bachelor’s
1235 baccalaureate or higher degree from a college or university
1236 professional athletic training degree program accredited by the
1237 Commission on Accreditation of Athletic Training Education or
1238 its successor organization recognized and approved by the United
1239 States Department of Education or the Commission on Recognition
1240 of Postsecondary Accreditation, approved by the board, or
1241 recognized by the Board of Certification, and has passed the
1242 national examination to be certified by the Board of
1243 Certification; or.
1244 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
1245 completed the Board of Certification internship requirements,
1246 and holds If graduated before 2004, has a current certification
1247 from the Board of Certification.
1248 (4)(5) Has current certification in both cardiopulmonary
1249 resuscitation and the use of an automated external defibrillator
1250 set forth in the continuing education requirements as determined
1251 by the board pursuant to s. 468.711.
1252 (5)(6) Has completed any other requirements as determined
1253 by the department and approved by the board.
1254 Section 30. Subsection (3) of section 468.711, Florida
1255 Statutes, is amended to read:
1256 468.711 Renewal of license; continuing education.—
1257 (3) If initially licensed after January 1, 1998, the
1258 licensee must be currently certified by the Board of
1259 Certification or its successor agency and maintain that
1260 certification in good standing without lapse.
1261 Section 31. Section 468.713, Florida Statutes, is amended
1262 to read:
1263 468.713 Responsibilities of athletic trainers.—
1264 (1) An athletic trainer shall practice under the direction
1265 of a physician licensed under chapter 458, chapter 459, chapter
1266 460, or otherwise authorized by Florida law to practice
1267 medicine. The physician shall communicate his or her direction
1268 through oral or written prescriptions or protocols as deemed
1269 appropriate by the physician for the provision of services and
1270 care by the athletic trainer. An athletic trainer shall provide
1271 service or care in the manner dictated by the physician.
1272 (2) An athletic trainer shall work within his or her
1273 allowable scope of practice as specified by board rule under s.
1274 468.705. An athletic trainer may not provide, offer to provide,
1275 or represent that he or she is qualified to provide any care or
1276 services that he or she lacks the education, training, or
1277 experience to provide or that he or she is otherwise prohibited
1278 by law from providing.
1279 Section 32. Subsection (2) of section 468.723, Florida
1280 Statutes, is amended to read:
1281 468.723 Exemptions.—This part does not prohibit prevent or
1282 restrict:
1283 (2) An athletic training student acting under the direct
1284 supervision of a licensed athletic trainer. For purposes of this
1285 subsection, “direct supervision” means the physical presence of
1286 an athletic trainer so that the athletic trainer is immediately
1287 available to the athletic training student and able to intervene
1288 on behalf of the athletic training student. The supervision must
1289 comply with board rule in accordance with the standards set
1290 forth by the Commission on Accreditation of Athletic Training
1291 Education or its successor.
1292 Section 33. Subsections (1), (3), and (4) of section
1293 468.803, Florida Statutes, are amended to read:
1294 468.803 License, registration, and examination
1295 requirements.—
1296 (1) The department shall issue a license to practice
1297 orthotics, prosthetics, or pedorthics, or a registration for a
1298 resident to practice orthotics or prosthetics, to qualified
1299 applicants. Licenses to practice shall be granted independently
1300 in orthotics, prosthetics, or pedorthics must be granted
1301 independently, but a person may be licensed in more than one
1302 such discipline, and a prosthetist-orthotist license may be
1303 granted to persons meeting the requirements for licensure both
1304 as a prosthetist and as an orthotist license. Registrations to
1305 practice shall be granted independently in orthotics or
1306 prosthetics must be granted independently, and a person may be
1307 registered in both disciplines fields at the same time or
1308 jointly in orthotics and prosthetics as a dual registration.
1309 (3) A person seeking to attain the required orthotics or
1310 prosthetics experience required for licensure in this state must
1311 be approved by the board and registered as a resident by the
1312 department. Although a registration may be held in both
1313 disciplines practice fields, for independent registrations the
1314 board may shall not approve a second registration until at least
1315 1 year after the issuance of the first registration.
1316 Notwithstanding subsection (2), a person an applicant who has
1317 been approved by the board and registered by the department in
1318 one discipline practice field may apply for registration in the
1319 second discipline practice field without an additional state or
1320 national criminal history check during the period in which the
1321 first registration is valid. Each independent registration or
1322 dual registration is valid for 2 years after from the date of
1323 issuance unless otherwise revoked by the department upon
1324 recommendation of the board. The board shall set a registration
1325 fee not to exceed $500 to be paid by the applicant. A
1326 registration may be renewed once by the department upon
1327 recommendation of the board for a period no longer than 1 year,
1328 as such renewal is defined by the board by rule. The
1329 registration renewal fee may shall not exceed one-half the
1330 current registration fee. To be considered by the board for
1331 approval of registration as a resident, the applicant must have
1332 one of the following:
1333 (a) A Bachelor of Science or higher-level postgraduate
1334 degree in orthotics and prosthetics from a regionally accredited
1335 college or university recognized by the Commission on
1336 Accreditation of Allied Health Education Programs. or, at
1337 (b) A minimum of, a bachelor’s degree from a regionally
1338 accredited college or university and a certificate in orthotics
1339 or prosthetics from a program recognized by the Commission on
1340 Accreditation of Allied Health Education Programs, or its
1341 equivalent, as determined by the board.; or
1342 (c) A minimum of a bachelor’s degree from a regionally
1343 accredited college or university and a dual certificate in both
1344 orthotics and prosthetics from programs recognized by the
1345 Commission on Accreditation of Allied Health Education Programs,
1346 or its equivalent, as determined by the board.
1347 (b) A Bachelor of Science or higher-level postgraduate
1348 degree in Orthotics and Prosthetics from a regionally accredited
1349 college or university recognized by the Commission on
1350 Accreditation of Allied Health Education Programs or, at a
1351 minimum, a bachelor’s degree from a regionally accredited
1352 college or university and a certificate in prosthetics from a
1353 program recognized by the Commission on Accreditation of Allied
1354 Health Education Programs, or its equivalent, as determined by
1355 the board.
1356 (4) The department may develop and administer a state
1357 examination for an orthotist or a prosthetist license, or the
1358 board may approve the existing examination of a national
1359 standards organization. The examination must be predicated on a
1360 minimum of a baccalaureate-level education and formalized
1361 specialized training in the appropriate field. Each examination
1362 must demonstrate a minimum level of competence in basic
1363 scientific knowledge, written problem solving, and practical
1364 clinical patient management. The board shall require an
1365 examination fee not to exceed the actual cost to the board in
1366 developing, administering, and approving the examination, which
1367 fee must be paid by the applicant. To be considered by the board
1368 for examination, the applicant must have:
1369 (a) For an examination in orthotics:
1370 1. A Bachelor of Science or higher-level postgraduate
1371 degree in orthotics and prosthetics from a regionally accredited
1372 college or university recognized by the Commission on
1373 Accreditation of Allied Health Education Programs or, at a
1374 minimum, a bachelor’s degree from a regionally accredited
1375 college or university and a certificate in orthotics from a
1376 program recognized by the Commission on Accreditation of Allied
1377 Health Education Programs, or its equivalent, as determined by
1378 the board; and
1379 2. An approved orthotics internship of 1 year of qualified
1380 experience, as determined by the board, or an orthotic residency
1381 or dual residency program recognized by the board.
1382 (b) For an examination in prosthetics:
1383 1. A Bachelor of Science or higher-level postgraduate
1384 degree in orthotics and prosthetics from a regionally accredited
1385 college or university recognized by the Commission on
1386 Accreditation of Allied Health Education Programs or, at a
1387 minimum, a bachelor’s degree from a regionally accredited
1388 college or university and a certificate in prosthetics from a
1389 program recognized by the Commission on Accreditation of Allied
1390 Health Education Programs, or its equivalent, as determined by
1391 the board; and
1392 2. An approved prosthetics internship of 1 year of
1393 qualified experience, as determined by the board, or a
1394 prosthetic residency or dual residency program recognized by the
1395 board.
1396 Section 34. Subsection (5) of section 480.033, Florida
1397 Statutes, is amended to read:
1398 480.033 Definitions.—As used in this act:
1399 (5) “Apprentice” means a person approved by the board to
1400 study colonic irrigation massage under the instruction of a
1401 licensed massage therapist practicing colonic irrigation.
1402 Section 35. Subsections (1) and (2) of section 480.041,
1403 Florida Statutes, are amended, and subsection (8) is added to
1404 that section, to read:
1405 480.041 Massage therapists; qualifications; licensure;
1406 endorsement.—
1407 (1) Any person is qualified for licensure as a massage
1408 therapist under this act who:
1409 (a) Is at least 18 years of age or has received a high
1410 school diploma or high school equivalency diploma;
1411 (b) Has completed a course of study at a board-approved
1412 massage school or has completed an apprenticeship program that
1413 meets standards adopted by the board; and
1414 (c) Has received a passing grade on a national an
1415 examination designated administered by the board department.
1416 (2) Every person desiring to be examined for licensure as a
1417 massage therapist must shall apply to the department in writing
1418 upon forms prepared and furnished by the department. Such
1419 applicants are shall be subject to the provisions of s.
1420 480.046(1). Applicants may take an examination administered by
1421 the department only upon meeting the requirements of this
1422 section as determined by the board.
1423 (8) A person issued a license as a massage apprentice
1424 before July 1, 2020, may continue that apprenticeship and
1425 perform massage therapy as authorized under that license until
1426 it expires. Upon completion of the apprenticeship, which must
1427 occur before July 1, 2023, a massage apprentice may apply to the
1428 board for full licensure and be granted a license if all other
1429 applicable licensure requirements are met.
1430 Section 36. Section 480.042, Florida Statutes, is repealed.
1431 Section 37. Subsection (3) of section 490.003, Florida
1432 Statutes, is amended to read:
1433 490.003 Definitions.—As used in this chapter:
1434 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
1435 education” and “doctoral degree in psychology” mean a Psy.D., an
1436 Ed.D. in psychology, or a Ph.D. in psychology from:
1437 1. An educational institution which, at the time the
1438 applicant was enrolled and graduated, had institutional
1439 accreditation from an agency recognized and approved by the
1440 United States Department of Education or was recognized as a
1441 member in good standing with the Association of Universities and
1442 Colleges of Canada; and
1443 2. A psychology program within that educational institution
1444 which, at the time the applicant was enrolled and graduated, had
1445 programmatic accreditation from an accrediting agency recognized
1446 and approved by the United States Department of Education or was
1447 comparable to such programs.
1448 (b) Effective July 1, 1999, “doctoral-level psychological
1449 education” and “doctoral degree in psychology” mean a Psy.D., an
1450 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1451 program at:
1452 1. an educational institution that which, at the time the
1453 applicant was enrolled and graduated:
1454 (a) , Had institutional accreditation from an agency
1455 recognized and approved by the United States Department of
1456 Education or was recognized as a member in good standing with
1457 the Association of Universities and Colleges of Canada; and
1458 (b)2. A psychology program within that educational
1459 institution which, at the time the applicant was enrolled and
1460 graduated, Had programmatic accreditation from the American
1461 Psychological Association an agency recognized and approved by
1462 the United States Department of Education.
1463 Section 38. Paragraph (b) of subsection (1) and paragraph
1464 (b) of subsection (2) of section 490.005, Florida Statutes, are
1465 amended to read:
1466 490.005 Licensure by examination.—
1467 (1) Any person desiring to be licensed as a psychologist
1468 shall apply to the department to take the licensure examination.
1469 The department shall license each applicant who the board
1470 certifies has:
1471 (b) Submitted proof satisfactory to the board that the
1472 applicant has received:
1473 1. Received Doctoral-level psychological education, as
1474 defined in s. 490.003(3); or
1475 2. Received The equivalent of a doctoral-level
1476 psychological education, as defined in s. 490.003(3), from a
1477 program at a school or university located outside the United
1478 States of America and Canada, which was officially recognized by
1479 the government of the country in which it is located as an
1480 institution or program to train students to practice
1481 professional psychology. The applicant has the burden of
1482 establishing that this requirement has the requirements of this
1483 provision have been met shall be upon the applicant;
1484 3. Received and submitted to the board, prior to July 1,
1485 1999, certification of an augmented doctoral-level psychological
1486 education from the program director of a doctoral-level
1487 psychology program accredited by a programmatic agency
1488 recognized and approved by the United States Department of
1489 Education; or
1490 4. Received and submitted to the board, prior to August 31,
1491 2001, certification of a doctoral-level program that at the time
1492 the applicant was enrolled and graduated maintained a standard
1493 of education and training comparable to the standard of training
1494 of programs accredited by a programmatic agency recognized and
1495 approved by the United States Department of Education. Such
1496 certification of comparability shall be provided by the program
1497 director of a doctoral-level psychology program accredited by a
1498 programmatic agency recognized and approved by the United States
1499 Department of Education.
1500 (2) Any person desiring to be licensed as a school
1501 psychologist shall apply to the department to take the licensure
1502 examination. The department shall license each applicant who the
1503 department certifies has:
1504 (b) Submitted satisfactory proof to the department that the
1505 applicant:
1506 1. Has received a doctorate, specialist, or equivalent
1507 degree from a program primarily psychological in nature and has
1508 completed 60 semester hours or 90 quarter hours of graduate
1509 study, in areas related to school psychology as defined by rule
1510 of the department, from a college or university which at the
1511 time the applicant was enrolled and graduated was accredited by
1512 an accrediting agency recognized and approved by the Council for
1513 Higher Education Accreditation or its successor organization
1514 Commission on Recognition of Postsecondary Accreditation or from
1515 an institution that which is publicly recognized as a member in
1516 good standing with the Association of Universities and Colleges
1517 of Canada.
1518 2. Has had a minimum of 3 years of experience in school
1519 psychology, 2 years of which must be supervised by an individual
1520 who is a licensed school psychologist or who has otherwise
1521 qualified as a school psychologist supervisor, by education and
1522 experience, as set forth by rule of the department. A doctoral
1523 internship may be applied toward the supervision requirement.
1524 3. Has passed an examination provided by the department.
1525 Section 39. Subsection (1) of section 490.006, Florida
1526 Statutes, is amended to read:
1527 490.006 Licensure by endorsement.—
1528 (1) The department shall license a person as a psychologist
1529 or school psychologist who, upon applying to the department and
1530 remitting the appropriate fee, demonstrates to the department
1531 or, in the case of psychologists, to the board that the
1532 applicant:
1533 (a) Holds a valid license or certificate in another state
1534 to practice psychology or school psychology, as applicable,
1535 provided that, when the applicant secured such license or
1536 certificate, the requirements were substantially equivalent to
1537 or more stringent than those set forth in this chapter at that
1538 time; and, if no Florida law existed at that time, then the
1539 requirements in the other state must have been substantially
1540 equivalent to or more stringent than those set forth in this
1541 chapter at the present time;
1542 (a)(b) Is a diplomate in good standing with the American
1543 Board of Professional Psychology, Inc.; or
1544 (b)(c) Possesses a doctoral degree in psychology as
1545 described in s. 490.003 and has at least 10 20 years of
1546 experience as a licensed psychologist in any jurisdiction or
1547 territory of the United States within the 25 years preceding the
1548 date of application.
1549 Section 40. Subsection (6) of section 491.0045, Florida
1550 Statutes, as amended by chapters 2016-80 and 2016-241, Laws of
1551 Florida, is amended to read:
1552 491.0045 Intern registration; requirements.—
1553 (6) A registration issued on or before March 31, 2017,
1554 expires March 31, 2022, and may not be renewed or reissued. Any
1555 registration issued after March 31, 2017, expires 60 months
1556 after the date it is issued. The board may make a one-time
1557 exception from the requirements of this subsection in emergency
1558 or hardship cases, as defined by board rule, if A subsequent
1559 intern registration may not be issued unless the candidate has
1560 passed the theory and practice examination described in s.
1561 491.005(1)(d), (3)(d), and (4)(d).
1562 Section 41. Subsections (3) and (4) of section 491.005,
1563 Florida Statutes, are amended to read:
1564 491.005 Licensure by examination.—
1565 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1566 documentation and payment of a fee not to exceed $200, as set by
1567 board rule, plus the actual cost of to the department for the
1568 purchase of the examination from the Association of Marital and
1569 Family Therapy Regulatory Board, or similar national
1570 organization, the department shall issue a license as a marriage
1571 and family therapist to an applicant who the board certifies:
1572 (a) Has submitted an application and paid the appropriate
1573 fee.
1574 (b)1. Has a minimum of a master’s degree with major
1575 emphasis in marriage and family therapy, or a closely related
1576 field from a program accredited by the Commission on
1577 Accreditation for Marriage and Family Therapy Education or from
1578 a Florida university program accredited by the Council for
1579 Accreditation of Counseling and Related Educational Programs,
1580 and graduate courses approved by the Board of Clinical Social
1581 Work, Marriage and Family Therapy, and Mental Health Counseling.
1582 has completed all of the following requirements:
1583 a. Thirty-six semester hours or 48 quarter hours of
1584 graduate coursework, which must include a minimum of 3 semester
1585 hours or 4 quarter hours of graduate-level course credits in
1586 each of the following nine areas: dynamics of marriage and
1587 family systems; marriage therapy and counseling theory and
1588 techniques; family therapy and counseling theory and techniques;
1589 individual human development theories throughout the life cycle;
1590 personality theory or general counseling theory and techniques;
1591 psychopathology; human sexuality theory and counseling
1592 techniques; psychosocial theory; and substance abuse theory and
1593 counseling techniques. Courses in research, evaluation,
1594 appraisal, assessment, or testing theories and procedures;
1595 thesis or dissertation work; or practicums, internships, or
1596 fieldwork may not be applied toward this requirement.
1597 b. A minimum of one graduate-level course of 3 semester
1598 hours or 4 quarter hours in legal, ethical, and professional
1599 standards issues in the practice of marriage and family therapy
1600 or a course determined by the board to be equivalent.
1601 c. A minimum of one graduate-level course of 3 semester
1602 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1603 and testing for individual or interpersonal disorder or
1604 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1605 hour graduate-level course in behavioral research which focuses
1606 on the interpretation and application of research data as it
1607 applies to clinical practice. Credit for thesis or dissertation
1608 work, practicums, internships, or fieldwork may not be applied
1609 toward this requirement.
1610 d. A minimum of one supervised clinical practicum,
1611 internship, or field experience in a marriage and family
1612 counseling setting, during which the student provided 180 direct
1613 client contact hours of marriage and family therapy services
1614 under the supervision of an individual who met the requirements
1615 for supervision under paragraph (c). This requirement may be met
1616 by a supervised practice experience which took place outside the
1617 academic arena, but which is certified as equivalent to a
1618 graduate-level practicum or internship program which required a
1619 minimum of 180 direct client contact hours of marriage and
1620 family therapy services currently offered within an academic
1621 program of a college or university accredited by an accrediting
1622 agency approved by the United States Department of Education, or
1623 an institution which is publicly recognized as a member in good
1624 standing with the Association of Universities and Colleges of
1625 Canada or a training institution accredited by the Commission on
1626 Accreditation for Marriage and Family Therapy Education
1627 recognized by the United States Department of Education.
1628 Certification shall be required from an official of such
1629 college, university, or training institution.
1630 2. If the course title that which appears on the
1631 applicant’s transcript does not clearly identify the content of
1632 the coursework, the applicant shall be required to provide
1633 additional documentation, including, but not limited to, a
1634 syllabus or catalog description published for the course.
1635
1636 The required master’s degree must have been received in an
1637 institution of higher education that, which at the time the
1638 applicant graduated, was: fully accredited by a regional
1639 accrediting body recognized by the Commission on Recognition of
1640 Postsecondary Accreditation or; publicly recognized as a member
1641 in good standing with the Association of Universities and
1642 Colleges of Canada,; or an institution of higher education
1643 located outside the United States and Canada, which, at the time
1644 the applicant was enrolled and at the time the applicant
1645 graduated, maintained a standard of training substantially
1646 equivalent to the standards of training of those institutions in
1647 the United States which are accredited by a regional accrediting
1648 body recognized by the Commission on Recognition of
1649 Postsecondary Accreditation. Such foreign education and training
1650 must have been received in an institution or program of higher
1651 education officially recognized by the government of the country
1652 in which it is located as an institution or program to train
1653 students to practice as professional marriage and family
1654 therapists or psychotherapists. The applicant has the burden of
1655 establishing that the requirements of this provision have been
1656 met shall be upon the applicant, and the board shall require
1657 documentation, such as, but not limited to, an evaluation by a
1658 foreign equivalency determination service, as evidence that the
1659 applicant’s graduate degree program and education were
1660 equivalent to an accredited program in this country. An
1661 applicant with a master’s degree from a program that which did
1662 not emphasize marriage and family therapy may complete the
1663 coursework requirement in a training institution fully
1664 accredited by the Commission on Accreditation for Marriage and
1665 Family Therapy Education recognized by the United States
1666 Department of Education.
1667 (c) Has had at least 2 years of clinical experience during
1668 which 50 percent of the applicant’s clients were receiving
1669 marriage and family therapy services, which must be at the post
1670 master’s level under the supervision of a licensed marriage and
1671 family therapist with at least 5 years of experience, or the
1672 equivalent, who is a qualified supervisor as determined by the
1673 board. An individual who intends to practice in Florida to
1674 satisfy the clinical experience requirements must register
1675 pursuant to s. 491.0045 before commencing practice. If a
1676 graduate has a master’s degree with a major emphasis in marriage
1677 and family therapy or a closely related field which that did not
1678 include all of the coursework required by paragraph (b) under
1679 sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
1680 clinical experience may shall not commence until the applicant
1681 has completed a minimum of 10 of the courses required by
1682 paragraph (b) under sub-subparagraphs (b)1.a.-c., as determined
1683 by the board, and at least 6 semester hours or 9 quarter hours
1684 of the course credits must have been completed in the area of
1685 marriage and family systems, theories, or techniques. Within the
1686 2 3 years of required experience, the applicant shall provide
1687 direct individual, group, or family therapy and counseling, to
1688 include the following categories of cases including those
1689 involving: unmarried dyads, married couples, separating and
1690 divorcing couples, and family groups that include including
1691 children. A doctoral internship may be applied toward the
1692 clinical experience requirement. A licensed mental health
1693 professional must be on the premises when clinical services are
1694 provided by a registered intern in a private practice setting.
1695 (d) Has passed a theory and practice examination provided
1696 by the department for this purpose.
1697 (e) Has demonstrated, in a manner designated by board rule
1698 of the board, knowledge of the laws and rules governing the
1699 practice of clinical social work, marriage and family therapy,
1700 and mental health counseling.
1701 (f)
1702
1703 For the purposes of dual licensure, the department shall license
1704 as a marriage and family therapist any person who meets the
1705 requirements of s. 491.0057. Fees for dual licensure may shall
1706 not exceed those stated in this subsection.
1707 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1708 documentation and payment of a fee not to exceed $200, as set by
1709 board rule, plus the actual per applicant cost of to the
1710 department for purchase of the examination from the National
1711 Board for Certified Counselors or its successor Professional
1712 Examination Service for the National Academy of Certified
1713 Clinical Mental Health Counselors or a similar national
1714 organization, the department shall issue a license as a mental
1715 health counselor to an applicant who the board certifies:
1716 (a) Has submitted an application and paid the appropriate
1717 fee.
1718 (b)1. Has a minimum of an earned master’s degree from a
1719 mental health counseling program accredited by the Council for
1720 the Accreditation of Counseling and Related Educational Programs
1721 which that consists of at least 60 semester hours or 80 quarter
1722 hours of clinical and didactic instruction, including a course
1723 in human sexuality and a course in substance abuse. If the
1724 master’s degree is earned from a program related to the practice
1725 of mental health counseling which that is not accredited by the
1726 Council for the Accreditation of Counseling and Related
1727 Educational Programs, then the coursework and practicum,
1728 internship, or fieldwork must consist of at least 60 semester
1729 hours or 80 quarter hours and meet all of the following
1730 requirements:
1731 a. Thirty-three semester hours or 44 quarter hours of
1732 graduate coursework, which must include a minimum of 3 semester
1733 hours or 4 quarter hours of graduate-level coursework in each of
1734 the following 11 content areas: counseling theories and
1735 practice; human growth and development; diagnosis and treatment
1736 of psychopathology; human sexuality; group theories and
1737 practice; individual evaluation and assessment; career and
1738 lifestyle assessment; research and program evaluation; social
1739 and cultural foundations; substance abuse; and legal, ethical,
1740 and professional standards issues in the practice of mental
1741 health counseling in community settings; and substance abuse.
1742 Courses in research, thesis or dissertation work, practicums,
1743 internships, or fieldwork may not be applied toward this
1744 requirement.
1745 b. A minimum of 3 semester hours or 4 quarter hours of
1746 graduate-level coursework addressing diagnostic processes,
1747 including differential diagnosis and the use of the current
1748 diagnostic tools, such as the current edition of the American
1749 Psychiatric Association’s Diagnostic and Statistical Manual of
1750 Mental Disorders. The graduate program must have emphasized the
1751 common core curricular experience in legal, ethical, and
1752 professional standards issues in the practice of mental health
1753 counseling, which includes goals, objectives, and practices of
1754 professional counseling organizations, codes of ethics, legal
1755 considerations, standards of preparation, certifications and
1756 licensing, and the role identity and professional obligations of
1757 mental health counselors. Courses in research, thesis or
1758 dissertation work, practicums, internships, or fieldwork may not
1759 be applied toward this requirement.
1760 c. The equivalent, as determined by the board, of at least
1761 700 1,000 hours of university-sponsored supervised clinical
1762 practicum, internship, or field experience that includes at
1763 least 280 hours of direct client services, as required in the
1764 accrediting standards of the Council for Accreditation of
1765 Counseling and Related Educational Programs for mental health
1766 counseling programs. This experience may not be used to satisfy
1767 the post-master’s clinical experience requirement.
1768 2. Has provided additional documentation if a the course
1769 title that which appears on the applicant’s transcript does not
1770 clearly identify the content of the coursework., The applicant
1771 shall be required to provide additional documentation must
1772 include, including, but is not limited to, a syllabus or catalog
1773 description published for the course.
1774
1775 Education and training in mental health counseling must have
1776 been received in an institution of higher education that, which
1777 at the time the applicant graduated, was: fully accredited by a
1778 regional accrediting body recognized by the Council for Higher
1779 Education Accreditation or its successor organization or
1780 Commission on Recognition of Postsecondary Accreditation;
1781 publicly recognized as a member in good standing with the
1782 Association of Universities and Colleges of Canada,; or an
1783 institution of higher education located outside the United
1784 States and Canada, which, at the time the applicant was enrolled
1785 and at the time the applicant graduated, maintained a standard
1786 of training substantially equivalent to the standards of
1787 training of those institutions in the United States which are
1788 accredited by a regional accrediting body recognized by the
1789 Council for Higher Education Accreditation or its successor
1790 organization Commission on Recognition of Postsecondary
1791 Accreditation. Such foreign education and training must have
1792 been received in an institution or program of higher education
1793 officially recognized by the government of the country in which
1794 it is located as an institution or program to train students to
1795 practice as mental health counselors. The applicant has the
1796 burden of establishing that the requirements of this provision
1797 have been met shall be upon the applicant, and the board shall
1798 require documentation, such as, but not limited to, an
1799 evaluation by a foreign equivalency determination service, as
1800 evidence that the applicant’s graduate degree program and
1801 education were equivalent to an accredited program in this
1802 country. Beginning July 1, 2025, an applicant must have a
1803 master’s degree from a program that is accredited by the Council
1804 for Accreditation of Counseling and Related Educational Programs
1805 which consists of at least 60 semester hours or 80 quarter hours
1806 to apply for licensure under this paragraph.
1807 (c) Has had at least 2 years of clinical experience in
1808 mental health counseling, which must be at the post-master’s
1809 level under the supervision of a licensed mental health
1810 counselor or the equivalent who is a qualified supervisor as
1811 determined by the board. An individual who intends to practice
1812 in Florida to satisfy the clinical experience requirements must
1813 register pursuant to s. 491.0045 before commencing practice. If
1814 a graduate has a master’s degree with a major related to the
1815 practice of mental health counseling which that did not include
1816 all the coursework required under sub-subparagraphs (b)1.a. and
1817 b. (b)1.a.-b., credit for the post-master’s level clinical
1818 experience may shall not commence until the applicant has
1819 completed a minimum of seven of the courses required under sub
1820 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1821 board, one of which must be a course in psychopathology or
1822 abnormal psychology. A doctoral internship may be applied toward
1823 the clinical experience requirement. A licensed mental health
1824 professional must be on the premises when clinical services are
1825 provided by a registered intern in a private practice setting.
1826 (d) Has passed a theory and practice examination provided
1827 by the department for this purpose.
1828 (e) Has demonstrated, in a manner designated by board rule
1829 of the board, knowledge of the laws and rules governing the
1830 practice of clinical social work, marriage and family therapy,
1831 and mental health counseling.
1832 Section 42. Paragraph (b) of subsection (1) of section
1833 491.006, Florida Statutes, is amended to read:
1834 491.006 Licensure or certification by endorsement.—
1835 (1) The department shall license or grant a certificate to
1836 a person in a profession regulated by this chapter who, upon
1837 applying to the department and remitting the appropriate fee,
1838 demonstrates to the board that he or she:
1839 (b)1. Holds an active valid license to practice and has
1840 actively practiced the licensed profession for which licensure
1841 is applied in another state for 3 of the last 5 years
1842 immediately preceding licensure;.
1843 2. Meets the education requirements of this chapter for the
1844 profession for which licensure is applied.
1845 2.3. Has passed a substantially equivalent licensing
1846 examination in another state or has passed the licensure
1847 examination in this state in the profession for which the
1848 applicant seeks licensure; and.
1849 3.4. Holds a license in good standing, is not under
1850 investigation for an act that would constitute a violation of
1851 this chapter, and has not been found to have committed any act
1852 that would constitute a violation of this chapter.
1853
1854 The fees paid by any applicant for certification as a master
1855 social worker under this section are nonrefundable.
1856 Section 43. Subsection (3) of section 491.007, Florida
1857 Statutes, is amended to read:
1858 491.007 Renewal of license, registration, or certificate.—
1859 (3) The board or department shall prescribe by rule a
1860 method for the biennial renewal of an intern registration at a
1861 fee set by rule, not to exceed $100.
1862 Section 44. Subsection (2) of section 491.009, Florida
1863 Statutes, is amended to read:
1864 491.009 Discipline.—
1865 (2) The board department, or, in the case of certified
1866 master social workers psychologists, the department board, may
1867 enter an order denying licensure or imposing any of the
1868 penalties authorized in s. 456.072(2) against any applicant for
1869 licensure or any licensee who violates is found guilty of
1870 violating any provision of subsection (1) of this section or who
1871 is found guilty of violating any provision of s. 456.072(1).
1872 Section 45. Subsection (2) of section 491.0046, Florida
1873 Statutes, is amended to read:
1874 491.0046 Provisional license; requirements.—
1875 (2) The department shall issue a provisional clinical
1876 social worker license, provisional marriage and family therapist
1877 license, or provisional mental health counselor license to each
1878 applicant who the board certifies has:
1879 (a) Completed the application form and remitted a
1880 nonrefundable application fee not to exceed $100, as set by
1881 board rule; and
1882 (b) Earned a graduate degree in social work, a graduate
1883 degree with a major emphasis in marriage and family therapy or a
1884 closely related field, or a graduate degree in a major related
1885 to the practice of mental health counseling; and
1886 (c) Has Met the following minimum coursework requirements:
1887 1. For clinical social work, a minimum of 15 semester hours
1888 or 22 quarter hours of the coursework required by s.
1889 491.005(1)(b)2.b.
1890 2. For marriage and family therapy, 10 of the courses
1891 required by s. 491.005(3)(b) s. 491.005(3)(b)1.a.-c., as
1892 determined by the board, and at least 6 semester hours or 9
1893 quarter hours of the course credits must have been completed in
1894 the area of marriage and family systems, theories, or
1895 techniques.
1896 3. For mental health counseling, a minimum of seven of the
1897 courses required under s. 491.005(4)(b)1.a.-c.
1898 Section 46. Subsection (11) of section 945.42, Florida
1899 Statutes, is amended to read:
1900 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1901 945.40-945.49, the following terms shall have the meanings
1902 ascribed to them, unless the context shall clearly indicate
1903 otherwise:
1904 (11) “Psychological professional” means a behavioral
1905 practitioner who has an approved doctoral degree in psychology
1906 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1907 the department or who is licensed as a psychologist pursuant to
1908 chapter 490.
1909 Section 47. For the purpose of incorporating the amendment
1910 made by this act to section 459.0055, Florida Statutes, in a
1911 reference thereto, subsection (6) of section 459.021, Florida
1912 Statutes, is reenacted to read:
1913 459.021 Registration of resident physicians, interns, and
1914 fellows; list of hospital employees; penalty.—
1915 (6) Any person desiring registration pursuant to this
1916 section shall meet all the requirements of s. 459.0055, except
1917 paragraphs (1)(l) and (m).
1918 Section 48. The amendments and reenactments made by this
1919 act to sections 466.0067, 466.00671, and 466.00672, Florida
1920 Statutes, are remedial in nature and apply retroactively to
1921 January 1, 2020. This section shall take effect upon this act
1922 becoming a law.
1923 Section 49. Except as otherwise expressly provided in this
1924 act and except for this section, which shall take effect upon
1925 this act becoming a law, this act shall take effect July 1,
1926 2020.
