Bill Text: FL S0230 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 230
By the Committees on Appropriations; and Health Policy; and
Senator Harrell
576-03169-20 2020230c2
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.; clarifying
20 applicability of certain ambulance rules to include
21 emergency medical services vehicles; deleting the
22 requirement that the department base rules governing
23 medical supplies and equipment required in ambulances
24 and emergency medical services vehicles on a certain
25 association’s standards; deleting the requirement that
26 the department base rules governing ambulance or
27 emergency medical services vehicle design and
28 construction on a certain agency’s standards and
29 instead requiring the department to base such rules on
30 national standards recognized by the department;
31 amending s. 404.031, F.S.; defining the term ″useful
32 beam″; amending s. 404.22, F.S.; providing limitations
33 on the maintenance, operation, and modification of
34 certain radiation machines; providing conditions for
35 the authorized exposure of human beings to the
36 radiation emitted from a radiation machine; amending
37 s. 456.013, F.S.; revising health care practitioner
38 licensure application requirements; authorizing the
39 board or department to issue a temporary license to
40 certain applicants which expires after 60 days;
41 amending s. 456.072, F.S.; revising grounds for
42 certain disciplinary actions to conform to changes
43 made by the act; repealing s. 456.0721, F.S., relating
44 to health care practitioners in default on student
45 loan or scholarship obligations; amending s. 456.074,
46 F.S.; conforming provisions to changes made by the
47 act; amending s. 458.3145, F.S.; revising the list of
48 individuals who may be issued a medical faculty
49 certificate without examination; amending s. 458.3312,
50 F.S.; removing a prohibition against physicians
51 representing themselves as board-certified specialists
52 in dermatology unless the recognizing agency is
53 reviewed and reauthorized on a specified basis by the
54 Board of Medicine; amending s. 459.0055, F.S.;
55 revising licensure requirements for a person seeking
56 licensure or certification as an osteopathic
57 physician; repealing s. 460.4166, F.S., relating to
58 registered chiropractic assistants; amending s.
59 464.019, F.S.; extending through 2025 the Florida
60 Center for Nursing’s responsibility to study and issue
61 an annual report on the implementation of nursing
62 education programs; amending s. 464.202, F.S.;
63 requiring the Board of Nursing to adopt rules that
64 include disciplinary procedures and standards of
65 practice for certified nursing assistants; amending s.
66 464.203, F.S.; revising certification requirements for
67 nursing assistants; amending s. 464.204, F.S.;
68 revising grounds for board-imposed disciplinary
69 sanctions; amending s. 466.006, F.S.; revising certain
70 examination requirements for applicants seeking dental
71 licensure; reviving, reenacting, and amending s.
72 466.0067, F.S., relating to the application for a
73 health access dental license; reviving, reenacting,
74 and amending s. 466.00671, F.S., relating to the
75 renewal of such a license; reviving and reenacting s.
76 466.00672, F.S., relating to the revocation of such a
77 license; amending s. 466.007, F.S.; revising
78 requirements for examinations of dental hygienists;
79 amending s. 466.017, F.S.; requiring dentists and
80 certified registered dental hygienists to report in
81 writing certain adverse incidents to the department
82 within a specified timeframe; providing for
83 disciplinary action by the Board of Dentistry for
84 violations; defining the term “adverse incident”;
85 authorizing the board to adopt rules; amending s.
86 466.031, F.S.; making technical changes; authorizing
87 an employee or an independent contractor of a dental
88 laboratory, acting as an agent of that dental
89 laboratory, to engage in onsite consultation with a
90 licensed dentist during a dental procedure; amending
91 s. 466.036, F.S.; revising the frequency of dental
92 laboratory inspections during a specified period;
93 amending s. 468.701, F.S.; revising the definition of
94 the term “athletic trainer”; deleting a requirement
95 that is relocated to another section; amending s.
96 468.707, F.S.; revising athletic trainer licensure
97 requirements; amending s. 468.711, F.S.; requiring
98 certain licensees to maintain certification in good
99 standing without lapse as a condition of renewal of
100 their athletic trainer licenses; amending s. 468.713,
101 F.S.; requiring that an athletic trainer work within a
102 specified scope of practice; relocating an existing
103 requirement that was stricken from another section;
104 amending s. 468.723, F.S.; requiring the direct
105 supervision of an athletic training student to be in
106 accordance with rules adopted by the Board of Athletic
107 Training; amending s. 468.803, F.S.; revising
108 orthotic, prosthetic, and pedorthic licensure,
109 registration, and examination requirements; amending
110 s. 480.033, F.S.; revising the definition of the term
111 “apprentice”; amending s. 480.041, F.S.; revising
112 qualifications for licensure as a massage therapist;
113 specifying that massage apprentices licensed before a
114 specified date may continue to perform massage therapy
115 as authorized under their licenses; authorizing
116 massage apprentices to apply for full licensure upon
117 completion of their apprenticeships, under certain
118 conditions; repealing s. 480.042, F.S., relating to
119 examinations for licensure as a massage therapist;
120 amending s. 490.003, F.S.; revising the definition of
121 the terms “doctoral-level psychological education” and
122 “doctoral degree in psychology”; amending s. 490.005,
123 F.S.; revising requirements for licensure by
124 examination of psychologists and school psychologists;
125 amending s. 490.006, F.S.; revising requirements for
126 licensure by endorsement of psychologists and school
127 psychologists; amending s. 491.0045, F.S.; exempting
128 clinical social worker interns, marriage and family
129 therapist interns, and mental health counselor interns
130 from registration requirements, under certain
131 circumstances; amending s. 491.005, F.S.; revising
132 requirements for the licensure by examination of
133 marriage and family therapists; revising requirements
134 for the licensure by examination of mental health
135 counselors; amending s. 491.006, F.S.; revising
136 requirements for licensure by endorsement or
137 certification for specified professions; amending s.
138 491.007, F.S.; removing a biennial intern registration
139 fee; amending s. 491.009, F.S.; authorizing the Board
140 of Clinical Social Work, Marriage and Family Therapy,
141 and Mental Health Counseling or, under certain
142 circumstances, the department to enter an order
143 denying licensure or imposing penalties against an
144 applicant for licensure under certain circumstances;
145 amending ss. 491.0046 and 945.42, F.S.; conforming
146 cross-references; reenacting s. 459.021(6), F.S.,
147 relating to registration of osteopathic resident
148 physicians, interns, and fellows, to incorporate the
149 amendment made to s. 459.0055, F.S., in a reference
150 thereto; providing for retroactive applicability of
151 specified provisions; providing an effective date.
152
153 Be It Enacted by the Legislature of the State of Florida:
154
155 Section 1. Paragraphs (a) and (b) of subsection (2) of
156 section 39.303, Florida Statutes, are amended to read:
157 39.303 Child Protection Teams and sexual abuse treatment
158 programs; services; eligible cases.—
159 (2)(a) The Statewide Medical Director for Child Protection
160 must be a physician licensed under chapter 458 or chapter 459
161 who is a board-certified pediatrician with a subspecialty
162 certification in child abuse from the American Board of
163 Pediatrics. The Statewide Medical Director for Child Protection
164 shall report directly to the Deputy Secretary for Children’s
165 Medical Services.
166 (b) Each Child Protection Team medical director must be a
167 physician licensed under chapter 458 or chapter 459 who is a
168 board-certified physician in pediatrics or family medicine and,
169 within 2 years after the date of employment as a Child
170 Protection Team medical director, obtains a subspecialty
171 certification in child abuse from the American Board of
172 Pediatrics or within 2 years meet the minimum requirements
173 established by a third-party credentialing entity recognizing a
174 demonstrated specialized competence in child abuse pediatrics
175 pursuant to paragraph (d). Each Child Protection Team medical
176 director employed on July 1, 2015, must, by July 1, 2019, either
177 obtain a subspecialty certification in child abuse from the
178 American Board of Pediatrics or meet the minimum requirements
179 established by a third-party credentialing entity recognizing a
180 demonstrated specialized competence in child abuse pediatrics
181 pursuant to paragraph (d). Child Protection Team medical
182 directors shall be responsible for oversight of the teams in the
183 circuits. Each Child Protection Team medical director shall
184 report directly to the Statewide Medical Director for Child
185 Protection.
186 Section 2. Section 381.0042, Florida Statutes, is amended
187 to read:
188 381.0042 Patient care for persons with HIV infection.—The
189 department may establish human immunodeficiency virus acquired
190 immune deficiency syndrome patient care networks in each region
191 of the state where the number numbers of cases of acquired
192 immune deficiency syndrome and other human immunodeficiency
193 virus transmission infections justifies the establishment of
194 cost-effective regional patient care networks. Such networks
195 shall be delineated by rule of the department which shall take
196 into account natural trade areas and centers of medical
197 excellence that specialize in the treatment of human
198 immunodeficiency virus acquired immune deficiency syndrome, as
199 well as available federal, state, and other funds. Each patient
200 care network shall include representation of persons with human
201 immunodeficiency virus infection; health care providers;
202 business interests; the department, including, but not limited
203 to, county health departments; and local units of government.
204 Each network shall plan for the care and treatment of persons
205 with human immunodeficiency virus acquired immune deficiency
206 syndrome and acquired immune deficiency syndrome related complex
207 in a cost-effective, dignified manner that which emphasizes
208 outpatient and home care. Once per each year, beginning April
209 1989, each network shall make its recommendations concerning the
210 needs for patient care to the department.
211 Section 3. Subsection (3) of section 381.4018, Florida
212 Statutes, is amended to read:
213 381.4018 Physician workforce assessment and development.—
214 (3) GENERAL FUNCTIONS.—The department shall maximize the
215 use of existing programs under the jurisdiction of the
216 department and other state agencies and coordinate governmental
217 and nongovernmental stakeholders and resources in order to
218 develop a state strategic plan and assess the implementation of
219 such strategic plan. In developing the state strategic plan, the
220 department shall:
221 (a) Monitor, evaluate, and report on the supply and
222 distribution of physicians licensed under chapter 458 or chapter
223 459. The department shall maintain a database to serve as a
224 statewide source of data concerning the physician workforce.
225 (b) Develop a model and quantify, on an ongoing basis, the
226 adequacy of the state’s current and future physician workforce
227 as reliable data becomes available. Such model must take into
228 account demographics, physician practice status, place of
229 education and training, generational changes, population growth,
230 economic indicators, and issues concerning the “pipeline” into
231 medical education.
232 (c) Develop and recommend strategies to determine whether
233 the number of qualified medical school applicants who might
234 become competent, practicing physicians in this state will be
235 sufficient to meet the capacity of the state’s medical schools.
236 If appropriate, the department shall, working with
237 representatives of appropriate governmental and nongovernmental
238 entities, develop strategies and recommendations and identify
239 best practice programs that introduce health care as a
240 profession and strengthen skills needed for medical school
241 admission for elementary, middle, and high school students, and
242 improve premedical education at the precollege and college level
243 in order to increase this state’s potential pool of medical
244 students.
245 (d) Develop strategies to ensure that the number of
246 graduates from the state’s public and private allopathic and
247 osteopathic medical schools is adequate to meet physician
248 workforce needs, based on the analysis of the physician
249 workforce data, so as to provide a high-quality medical
250 education to students in a manner that recognizes the uniqueness
251 of each new and existing medical school in this state.
252 (e) Pursue strategies and policies to create, expand, and
253 maintain graduate medical education positions in the state based
254 on the analysis of the physician workforce data. Such strategies
255 and policies must take into account the effect of federal
256 funding limitations on the expansion and creation of positions
257 in graduate medical education. The department shall develop
258 options to address such federal funding limitations. The
259 department shall consider options to provide direct state
260 funding for graduate medical education positions in a manner
261 that addresses requirements and needs relative to accreditation
262 of graduate medical education programs. The department shall
263 consider funding residency positions as a means of addressing
264 needed physician specialty areas, rural areas having a shortage
265 of physicians, and areas of ongoing critical need, and as a
266 means of addressing the state’s physician workforce needs based
267 on an ongoing analysis of physician workforce data.
268 (f) Develop strategies to maximize federal and state
269 programs that provide for the use of incentives to attract
270 physicians to this state or retain physicians within the state.
271 Such strategies should explore and maximize federal-state
272 partnerships that provide incentives for physicians to practice
273 in federally designated shortage areas, in otherwise medically
274 underserved areas, or in rural areas. Strategies shall also
275 consider the use of state programs, such as the Medical
276 Education Reimbursement and Loan Repayment Program pursuant to
277 s. 1009.65, which provide for education loan repayment or loan
278 forgiveness and provide monetary incentives for physicians to
279 relocate to underserved areas of the state.
280 (g) Coordinate and enhance activities relative to physician
281 workforce needs, undergraduate medical education, graduate
282 medical education, and reentry of retired military and other
283 physicians into the physician workforce provided by the Division
284 of Medical Quality Assurance, area health education center
285 networks established pursuant to s. 381.0402, and other offices
286 and programs within the department as designated by the State
287 Surgeon General.
288 (h) Work in conjunction with and act as a coordinating body
289 for governmental and nongovernmental stakeholders to address
290 matters relating to the state’s physician workforce assessment
291 and development for the purpose of ensuring an adequate supply
292 of well-trained physicians to meet the state’s future needs.
293 Such governmental stakeholders shall include, but need not be
294 limited to, the State Surgeon General or his or her designee,
295 the Commissioner of Education or his or her designee, the
296 Secretary of Health Care Administration or his or her designee,
297 and the Chancellor of the State University System or his or her
298 designee, and, at the discretion of the department, other
299 representatives of state and local agencies that are involved in
300 assessing, educating, or training the state’s current or future
301 physicians. Other stakeholders shall include, but need not be
302 limited to, organizations representing the state’s public and
303 private allopathic and osteopathic medical schools;
304 organizations representing hospitals and other institutions
305 providing health care, particularly those that currently provide
306 or have an interest in providing accredited medical education
307 and graduate medical education to medical students and medical
308 residents; organizations representing allopathic and osteopathic
309 practicing physicians; and, at the discretion of the department,
310 representatives of other organizations or entities involved in
311 assessing, educating, or training the state’s current or future
312 physicians.
313 (i) Serve as a liaison with other states and federal
314 agencies and programs in order to enhance resources available to
315 the state’s physician workforce and medical education continuum.
316 (j) Act as a clearinghouse for collecting and disseminating
317 information concerning the physician workforce and medical
318 education continuum in this state.
319
320 The department may adopt rules to implement this subsection,
321 including rules that establish guidelines to implement the
322 federal Conrad 30 Waiver Program created under s. 214(l) of the
323 Immigration and Nationality Act.
324 Section 4. Paragraph (c) of subsection (4) of section
325 381.915, Florida Statutes, is amended to read:
326 381.915 Florida Consortium of National Cancer Institute
327 Centers Program.—
328 (4) Tier designations and corresponding weights within the
329 Florida Consortium of National Cancer Institute Centers Program
330 are as follows:
331 (c) Tier 3: Florida-based cancer centers seeking
332 designation as either a NCI-designated cancer center or NCI
333 designated comprehensive cancer center, which shall be weighted
334 at 1.0.
335 1. A cancer center shall meet the following minimum
336 criteria to be considered eligible for Tier 3 designation in any
337 given fiscal year:
338 a. Conducting cancer-related basic scientific research and
339 cancer-related population scientific research;
340 b. Offering and providing the full range of diagnostic and
341 treatment services on site, as determined by the Commission on
342 Cancer of the American College of Surgeons;
343 c. Hosting or conducting cancer-related interventional
344 clinical trials that are registered with the NCI’s Clinical
345 Trials Reporting Program;
346 d. Offering degree-granting programs or affiliating with
347 universities through degree-granting programs accredited or
348 approved by a nationally recognized agency and offered through
349 the center or through the center in conjunction with another
350 institution accredited by the Commission on Colleges of the
351 Southern Association of Colleges and Schools;
352 e. Providing training to clinical trainees, medical
353 trainees accredited by the Accreditation Council for Graduate
354 Medical Education or the American Osteopathic Association, and
355 postdoctoral fellows recently awarded a doctorate degree; and
356 f. Having more than $5 million in annual direct costs
357 associated with their total NCI peer-reviewed grant funding.
358 2. The General Appropriations Act or accompanying
359 legislation may limit the number of cancer centers which shall
360 receive Tier 3 designations or provide additional criteria for
361 such designation.
362 3. A cancer center’s participation in Tier 3 may not extend
363 beyond June 30, 2024 shall be limited to 6 years.
364 4. A cancer center that qualifies as a designated Tier 3
365 center under the criteria provided in subparagraph 1. by July 1,
366 2014, is authorized to pursue NCI designation as a cancer center
367 or a comprehensive cancer center until June 30, 2024 for 6 years
368 after qualification.
369 Section 5. Paragraphs (c) and (d) of subsection (1) of
370 section 401.35, Florida Statutes, are amended to read:
371 401.35 Rules.—The department shall adopt rules, including
372 definitions of terms, necessary to carry out the purposes of
373 this part.
374 (1) The rules must provide at least minimum standards
375 governing:
376 (c) Ground ambulance and vehicle equipment and supplies
377 that a licensee with a valid vehicle permit under s. 401.26 is
378 required to maintain to provide basic or advanced life support
379 services at least as comprehensive as those published in the
380 most current edition of the American College of Surgeons,
381 Committee on Trauma, list of essential equipment for ambulances,
382 as interpreted by rules of the department.
383 (d) Ground ambulance or vehicle design and construction
384 based on national standards recognized by the department and at
385 least equal to those most currently recommended by the United
386 States General Services Administration as interpreted by
387 department rule rules of the department.
388 Section 6. Subsection (21) is added to section 404.031,
389 Florida Statutes, to read:
390 404.031 Definitions.—As used in this chapter, unless the
391 context clearly indicates otherwise, the term:
392 (21) ″Useful beam″ means that portion of the radiation
393 emitted from a radiation machine through the aperture of the
394 machine′s beam-limiting device which is designed to focus the
395 radiation on the intended target in order to accomplish the
396 machine′s purpose when the machine′s exposure controls are in a
397 mode to cause the system to produce radiation.
398 Section 7. Subsections (7) and (8) are added to section
399 404.22, Florida Statutes, to read:
400 404.22 Radiation machines and components; inspection.—
401 (7) Radiation machines that are used to intentionally
402 expose a human being to the useful beam:
403 (a) Must be maintained and operated according to
404 manufacturer standards or nationally recognized consensus
405 standards accepted by the department;
406 (b) Must be operated at the lowest exposure that will
407 achieve the intended purpose of the exposure; and
408 (c) May not be modified in a manner that causes the
409 original parts to operate in a way that differs from the
410 original manufacturer′s design specification or the parameters
411 approved for the machine and its components by the United States
412 Food and Drug Administration.
413 (8) A human being may be exposed to the useful beam of a
414 radiation machine only under the following conditions:
415 (a) For the purpose of medical or health care, if a
416 licensed health care practitioner operating within the scope of
417 his or her practice has determined that the exposure provides a
418 medical or health benefit greater than the health risks posed by
419 the exposure and the health care practitioner uses the results
420 of the exposure in the medical or health care of the exposed
421 individual; or
422 (b) For the purpose of providing security for facilities or
423 other venues, if the exposure is determined to provide a life
424 safety benefit to the individual exposed which is greater than
425 the health risk posed by the exposure. Such determination must
426 be made by an individual trained in evaluating and calculating
427 comparative mortality and morbidity risks according to standards
428 set by the department. To be valid, the calculation and method
429 of making the determination must be submitted to and accepted by
430 the department. Limits to annual total exposure for security
431 purposes must be adopted by department rule based on nationally
432 recognized limits or relevant consensus standards.
433 Section 8. Paragraphs (a) and (b) of subsection (1) of
434 section 456.013, Florida Statutes, are amended to read:
435 456.013 Department; general licensing provisions.—
436 (1)(a) Any person desiring to be licensed in a profession
437 within the jurisdiction of the department must shall apply to
438 the department in writing to take the licensure examination. The
439 application must shall be made on a form prepared and furnished
440 by the department. The application form must be available on the
441 Internet, World Wide Web and the department may accept
442 electronically submitted applications. The application shall
443 require the social security number and date of birth of the
444 applicant, except as provided in paragraphs (b) and (c). The
445 form shall be supplemented as needed to reflect any material
446 change in any circumstance or condition stated in the
447 application which takes place between the initial filing of the
448 application and the final grant or denial of the license and
449 which might affect the decision of the department. If an
450 application is submitted electronically, the department may
451 require supplemental materials, including an original signature
452 of the applicant and verification of credentials, to be
453 submitted in a nonelectronic format. An incomplete application
454 shall expire 1 year after initial filing. In order to further
455 the economic development goals of the state, and notwithstanding
456 any law to the contrary, the department may enter into an
457 agreement with the county tax collector for the purpose of
458 appointing the county tax collector as the department’s agent to
459 accept applications for licenses and applications for renewals
460 of licenses. The agreement must specify the time within which
461 the tax collector must forward any applications and accompanying
462 application fees to the department.
463 (b) If an applicant has not been issued a social security
464 number by the Federal Government at the time of application
465 because the applicant is not a citizen or resident of this
466 country, the department may process the application using a
467 unique personal identification number. If such an applicant is
468 otherwise eligible for licensure, the board, or the department
469 when there is no board, may issue a temporary license to the
470 applicant, which shall expire 30 days after issuance unless a
471 social security number is obtained and submitted in writing to
472 the department. A temporary license issued under this paragraph
473 to an applicant who has accepted a position with an accredited
474 residency, internship, or fellowship program in this state and
475 is applying for registration under s. 458.345 or s. 459.021
476 shall expire 60 days after issuance unless the applicant obtains
477 a social security number and submits it in writing to the
478 department. Upon receipt of the applicant’s social security
479 number, the department shall issue a new license, which shall
480 expire at the end of the current biennium.
481 Section 9. Paragraph (k) of subsection (1) of section
482 456.072, Florida Statutes, is amended to read:
483 456.072 Grounds for discipline; penalties; enforcement.—
484 (1) The following acts shall constitute grounds for which
485 the disciplinary actions specified in subsection (2) may be
486 taken:
487 (k) Failing to perform any statutory or legal obligation
488 placed upon a licensee. For purposes of this section, failing to
489 repay a student loan issued or guaranteed by the state or the
490 Federal Government in accordance with the terms of the loan is
491 not or failing to comply with service scholarship obligations
492 shall be considered a failure to perform a statutory or legal
493 obligation, and the minimum disciplinary action imposed shall be
494 a suspension of the license until new payment terms are agreed
495 upon or the scholarship obligation is resumed, followed by
496 probation for the duration of the student loan or remaining
497 scholarship obligation period, and a fine equal to 10 percent of
498 the defaulted loan amount. Fines collected shall be deposited
499 into the Medical Quality Assurance Trust Fund.
500 Section 10. Section 456.0721, Florida Statutes, is
501 repealed.
502 Section 11. Subsection (4) of section 456.074, Florida
503 Statutes, is amended to read:
504 456.074 Certain health care practitioners; immediate
505 suspension of license.—
506 (4) Upon receipt of information that a Florida-licensed
507 health care practitioner has defaulted on a student loan issued
508 or guaranteed by the state or the Federal Government, the
509 department shall notify the licensee by certified mail that he
510 or she shall be subject to immediate suspension of license
511 unless, within 45 days after the date of mailing, the licensee
512 provides proof that new payment terms have been agreed upon by
513 all parties to the loan. The department shall issue an emergency
514 order suspending the license of any licensee who, after 45 days
515 following the date of mailing from the department, has failed to
516 provide such proof. Production of such proof shall not prohibit
517 the department from proceeding with disciplinary action against
518 the licensee pursuant to s. 456.073.
519 Section 12. Subsection (1) of section 458.3145, Florida
520 Statutes, is amended to read:
521 458.3145 Medical faculty certificate.—
522 (1) A medical faculty certificate may be issued without
523 examination to an individual who:
524 (a) Is a graduate of an accredited medical school or its
525 equivalent, or is a graduate of a foreign medical school listed
526 with the World Health Organization;
527 (b) Holds a valid, current license to practice medicine in
528 another jurisdiction;
529 (c) Has completed the application form and remitted a
530 nonrefundable application fee not to exceed $500;
531 (d) Has completed an approved residency or fellowship of at
532 least 1 year or has received training which has been determined
533 by the board to be equivalent to the 1-year residency
534 requirement;
535 (e) Is at least 21 years of age;
536 (f) Is of good moral character;
537 (g) Has not committed any act in this or any other
538 jurisdiction which would constitute the basis for disciplining a
539 physician under s. 458.331;
540 (h) For any applicant who has graduated from medical school
541 after October 1, 1992, has completed, before entering medical
542 school, the equivalent of 2 academic years of preprofessional,
543 postsecondary education, as determined by rule of the board,
544 which must include, at a minimum, courses in such fields as
545 anatomy, biology, and chemistry; and
546 (i) Has been offered and has accepted a full-time faculty
547 appointment to teach in a program of medicine at:
548 1. The University of Florida;
549 2. The University of Miami;
550 3. The University of South Florida;
551 4. The Florida State University;
552 5. The Florida International University;
553 6. The University of Central Florida;
554 7. The Mayo Clinic College of Medicine and Science in
555 Jacksonville, Florida;
556 8. The Florida Atlantic University; or
557 9. The Johns Hopkins All Children’s Hospital in St.
558 Petersburg, Florida;
559 10. Nova Southeastern University; or
560 11. Lake Erie College of Osteopathic Medicine.
561 Section 13. Section 458.3312, Florida Statutes, is amended
562 to read:
563 458.3312 Specialties.—A physician licensed under this
564 chapter may not hold himself or herself out as a board-certified
565 specialist unless the physician has received formal recognition
566 as a specialist from a specialty board of the American Board of
567 Medical Specialties or other recognizing agency that has been
568 approved by the board. However, a physician may indicate the
569 services offered and may state that his or her practice is
570 limited to one or more types of services when this accurately
571 reflects the scope of practice of the physician. A physician may
572 not hold himself or herself out as a board-certified specialist
573 in dermatology unless the recognizing agency, whether authorized
574 in statute or by rule, is triennially reviewed and reauthorized
575 by the Board of Medicine.
576 Section 14. Subsection (1) of section 459.0055, Florida
577 Statutes, is amended to read:
578 459.0055 General licensure requirements.—
579 (1) Except as otherwise provided herein, any person
580 desiring to be licensed or certified as an osteopathic physician
581 pursuant to this chapter shall:
582 (a) Complete an application form and submit the appropriate
583 fee to the department;
584 (b) Be at least 21 years of age;
585 (c) Be of good moral character;
586 (d) Have completed at least 3 years of preprofessional
587 postsecondary education;
588 (e) Have not previously committed any act that would
589 constitute a violation of this chapter, unless the board
590 determines that such act does not adversely affect the
591 applicant’s present ability and fitness to practice osteopathic
592 medicine;
593 (f) Not be under investigation in any jurisdiction for an
594 act that would constitute a violation of this chapter. If, upon
595 completion of such investigation, it is determined that the
596 applicant has committed an act that would constitute a violation
597 of this chapter, the applicant is ineligible for licensure
598 unless the board determines that such act does not adversely
599 affect the applicant’s present ability and fitness to practice
600 osteopathic medicine;
601 (g) Have not had an application for a license to practice
602 osteopathic medicine denied or a license to practice osteopathic
603 medicine revoked, suspended, or otherwise acted against by the
604 licensing authority of any jurisdiction unless the board
605 determines that the grounds on which such action was taken do
606 not adversely affect the applicant’s present ability and fitness
607 to practice osteopathic medicine. A licensing authority’s
608 acceptance of a physician’s relinquishment of license,
609 stipulation, consent order, or other settlement, offered in
610 response to or in anticipation of the filing of administrative
611 charges against the osteopathic physician, shall be considered
612 action against the osteopathic physician’s license;
613 (h) Not have received less than a satisfactory evaluation
614 from an internship, residency, or fellowship training program,
615 unless the board determines that such act does not adversely
616 affect the applicant’s present ability and fitness to practice
617 osteopathic medicine. Such evaluation shall be provided by the
618 director of medical education from the medical training
619 facility;
620 (i) Have met the criteria set forth in s. 459.0075, s.
621 459.0077, or s. 459.021, whichever is applicable;
622 (j) Submit to the department a set of fingerprints on a
623 form and under procedures specified by the department, along
624 with a payment in an amount equal to the costs incurred by the
625 Department of Health for the criminal background check of the
626 applicant;
627 (k) Demonstrate that he or she is a graduate of a medical
628 college recognized and approved by the American Osteopathic
629 Association;
630 (l) Demonstrate that she or he has successfully completed
631 an internship or residency a resident internship of not less
632 than 12 months in a program accredited hospital approved for
633 this purpose by the Board of Trustees of the American
634 Osteopathic Association or the Accreditation Council for
635 Graduate Medical Education any other internship program approved
636 by the board upon a showing of good cause by the applicant. This
637 requirement may be waived for an applicant who matriculated in a
638 college of osteopathic medicine during or before 1948; and
639 (m) Demonstrate that she or he has obtained a passing
640 score, as established by rule of the board, on all parts of the
641 examination conducted by the National Board of Osteopathic
642 Medical Examiners or other examination approved by the board no
643 more than 5 years before making application in this state or, if
644 holding a valid active license in another state, that the
645 initial licensure in the other state occurred no more than 5
646 years after the applicant obtained a passing score on the
647 examination conducted by the National Board of Osteopathic
648 Medical Examiners or other substantially similar examination
649 approved by the board.
650 Section 15. Section 460.4166, Florida Statutes, is
651 repealed.
652 Section 16. Subsection (10) of section 464.019, Florida
653 Statutes, is amended to read:
654 464.019 Approval of nursing education programs.—
655 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
656 shall study the administration of this section and submit
657 reports to the Governor, the President of the Senate, and the
658 Speaker of the House of Representatives annually by January 30,
659 through January 30, 2025 2020. The annual reports shall address
660 the previous academic year; provide data on the measures
661 specified in paragraphs (a) and (b), as such data becomes
662 available; and include an evaluation of such data for purposes
663 of determining whether this section is increasing the
664 availability of nursing education programs and the production of
665 quality nurses. The department and each approved program or
666 accredited program shall comply with requests for data from the
667 Florida Center for Nursing.
668 (a) The Florida Center for Nursing shall evaluate program
669 specific data for each approved program and accredited program
670 conducted in the state, including, but not limited to:
671 1. The number of programs and student slots available.
672 2. The number of student applications submitted, the number
673 of qualified applicants, and the number of students accepted.
674 3. The number of program graduates.
675 4. Program retention rates of students tracked from program
676 entry to graduation.
677 5. Graduate passage rates on the National Council of State
678 Boards of Nursing Licensing Examination.
679 6. The number of graduates who become employed as practical
680 or professional nurses in the state.
681 (b) The Florida Center for Nursing shall evaluate the
682 board’s implementation of the:
683 1. Program application approval process, including, but not
684 limited to, the number of program applications submitted under
685 subsection (1),; the number of program applications approved and
686 denied by the board under subsection (2),; the number of denials
687 of program applications reviewed under chapter 120,; and a
688 description of the outcomes of those reviews.
689 2. Accountability processes, including, but not limited to,
690 the number of programs on probationary status, the number of
691 approved programs for which the program director is required to
692 appear before the board under subsection (5), the number of
693 approved programs terminated by the board, the number of
694 terminations reviewed under chapter 120, and a description of
695 the outcomes of those reviews.
696 (c) The Florida Center for Nursing shall complete an annual
697 assessment of compliance by programs with the accreditation
698 requirements of subsection (11), include in the assessment a
699 determination of the accreditation process status for each
700 program, and submit the assessment as part of the reports
701 required by this subsection.
702 Section 17. Section 464.202, Florida Statutes, is amended
703 to read:
704 464.202 Duties and powers of the board.—The board shall
705 maintain, or contract with or approve another entity to
706 maintain, a state registry of certified nursing assistants. The
707 registry must consist of the name of each certified nursing
708 assistant in this state; other identifying information defined
709 by board rule; certification status; the effective date of
710 certification; other information required by state or federal
711 law; information regarding any crime or any abuse, neglect, or
712 exploitation as provided under chapter 435; and any disciplinary
713 action taken against the certified nursing assistant. The
714 registry shall be accessible to the public, the
715 certificateholder, employers, and other state agencies. The
716 board shall adopt by rule testing procedures for use in
717 certifying nursing assistants and shall adopt rules regulating
718 the practice of certified nursing assistants, including
719 disciplinary procedures and standards of practice, and
720 specifying the scope of practice authorized and the level of
721 supervision required for the practice of certified nursing
722 assistants. The board may contract with or approve another
723 entity or organization to provide the examination services,
724 including the development and administration of examinations.
725 The board shall require that the contract provider offer
726 certified nursing assistant applications via the Internet, and
727 may require the contract provider to accept certified nursing
728 assistant applications for processing via the Internet. The
729 board shall require the contract provider to provide the
730 preliminary results of the certified nursing examination on the
731 date the test is administered. The provider shall pay all
732 reasonable costs and expenses incurred by the board in
733 evaluating the provider’s application and performance during the
734 delivery of services, including examination services and
735 procedures for maintaining the certified nursing assistant
736 registry.
737 Section 18. Paragraph (c) of subsection (1) of section
738 464.203, Florida Statutes, is amended to read:
739 464.203 Certified nursing assistants; certification
740 requirement.—
741 (1) The board shall issue a certificate to practice as a
742 certified nursing assistant to any person who demonstrates a
743 minimum competency to read and write and successfully passes the
744 required background screening pursuant to s. 400.215. If the
745 person has successfully passed the required background screening
746 pursuant to s. 400.215 or s. 408.809 within 90 days before
747 applying for a certificate to practice and the person’s
748 background screening results are not retained in the
749 clearinghouse created under s. 435.12, the board shall waive the
750 requirement that the applicant successfully pass an additional
751 background screening pursuant to s. 400.215. The person must
752 also meet one of the following requirements:
753 (c) Is currently certified in another state or territory of
754 the United States or in the District of Columbia; is listed on
755 that jurisdiction’s state’s certified nursing assistant
756 registry; and has not been found to have committed abuse,
757 neglect, or exploitation in that jurisdiction state.
758 Section 19. Paragraph (b) of subsection (1) of section
759 464.204, Florida Statutes, is amended to read:
760 464.204 Denial, suspension, or revocation of certification;
761 disciplinary actions.—
762 (1) The following acts constitute grounds for which the
763 board may impose disciplinary sanctions as specified in
764 subsection (2):
765 (b) Intentionally Violating any provision of this chapter,
766 chapter 456, or the rules adopted by the board.
767 Section 20. Subsections (3) and (4) of section 466.006,
768 Florida Statutes, are amended to read:
769 466.006 Examination of dentists.—
770 (3) If an applicant is a graduate of a dental college or
771 school not accredited in accordance with paragraph (2)(b) or of
772 a dental college or school not approved by the board, the
773 applicant is not entitled to take the examinations required in
774 this section to practice dentistry until she or he satisfies one
775 of the following:
776 (a) Completes a program of study, as defined by the board
777 by rule, at an accredited American dental school and
778 demonstrates receipt of a D.D.S. or D.M.D. from said school; or
779 (b) Submits proof of having successfully completed at least
780 2 consecutive academic years at a full-time supplemental general
781 dentistry program accredited by the American Dental Association
782 Commission on Dental Accreditation. This program must provide
783 didactic and clinical education at the level of a D.D.S. or
784 D.M.D. program accredited by the American Dental Association
785 Commission on Dental Accreditation. For purposes of this
786 paragraph, a supplemental general dentistry program does not
787 include an advanced education program in a dental specialty.
788 (4) Notwithstanding any other provision of law in chapter
789 456 pertaining to the clinical dental licensure examination or
790 national examinations, to be licensed as a dentist in this
791 state, an applicant must successfully complete both of the
792 following:
793 (a) A written examination on the laws and rules of the
794 state regulating the practice of dentistry.;
795 (b)1. A practical or clinical examination, which must shall
796 be the American Dental Licensing Examination produced by the
797 American Board of Dental Examiners, Inc., or its successor
798 entity, if any, that is administered in this state and graded by
799 dentists licensed in this state and employed by the department
800 for just such purpose, provided that the board has attained, and
801 continues to maintain thereafter, representation on the board of
802 directors of the American Board of Dental Examiners, the
803 examination development committee of the American Board of
804 Dental Examiners, and such other committees of the American
805 Board of Dental Examiners as the board deems appropriate by rule
806 to assure that the standards established herein are maintained
807 organizationally. A passing score on the American Dental
808 Licensing Examination administered in this state and graded by
809 dentists who are licensed in this state is valid for 365 days
810 after the date the official examination results are published.
811 1.2.a. As an alternative to such practical or clinical
812 examination the requirements of subparagraph 1., an applicant
813 may submit scores from an American Dental Licensing Examination
814 previously administered in a jurisdiction other than this state
815 after October 1, 2011, and such examination results shall be
816 recognized as valid for the purpose of licensure in this state.
817 A passing score on the American Dental Licensing Examination
818 administered out of state out-of-state shall be the same as the
819 passing score for the American Dental Licensing Examination
820 administered in this state and graded by dentists who are
821 licensed in this state. The examination results are valid for
822 365 days after the date the official examination results are
823 published. The applicant must have completed the examination
824 after October 1, 2011.
825 b. This subparagraph may not be given retroactive
826 application.
827 2.3. If the date of an applicant’s passing American Dental
828 Licensing Examination scores from an examination previously
829 administered in a jurisdiction other than this state under
830 subparagraph 1. subparagraph 2. is older than 365 days, then
831 such scores are shall nevertheless be recognized as valid for
832 the purpose of licensure in this state, but only if the
833 applicant demonstrates that all of the following additional
834 standards have been met:
835 a.(I) The applicant completed the American Dental Licensing
836 Examination after October 1, 2011.
837 (II) This sub-subparagraph may not be given retroactive
838 application;
839 b. The applicant graduated from a dental school accredited
840 by the American Dental Association Commission on Dental
841 Accreditation or its successor entity, if any, or any other
842 dental accrediting organization recognized by the United States
843 Department of Education. Provided, however, if the applicant did
844 not graduate from such a dental school, the applicant may submit
845 proof of having successfully completed a full-time supplemental
846 general dentistry program accredited by the American Dental
847 Association Commission on Dental Accreditation of at least 2
848 consecutive academic years at such accredited sponsoring
849 institution. Such program must provide didactic and clinical
850 education at the level of a D.D.S. or D.M.D. program accredited
851 by the American Dental Association Commission on Dental
852 Accreditation. For purposes of this paragraph, a supplemental
853 general dentistry program does not include an advanced education
854 program in a dental specialty;
855 c. The applicant currently possesses a valid and active
856 dental license in good standing, with no restriction, which has
857 never been revoked, suspended, restricted, or otherwise
858 disciplined, from another state or territory of the United
859 States, the District of Columbia, or the Commonwealth of Puerto
860 Rico;
861 d. The applicant submits proof that he or she has never
862 been reported to the National Practitioner Data Bank, the
863 Healthcare Integrity and Protection Data Bank, or the American
864 Association of Dental Boards Clearinghouse. This sub
865 subparagraph does not apply if the applicant successfully
866 appealed to have his or her name removed from the data banks of
867 these agencies;
868 e.(I)(A) In the 5 years immediately preceding the date of
869 application for licensure in this state, The applicant submits
870 must submit proof of having been consecutively engaged in the
871 full-time practice of dentistry in another state or territory of
872 the United States, the District of Columbia, or the Commonwealth
873 of Puerto Rico in the 5 years immediately preceding the date of
874 application for licensure in this state;, or,
875 (B) If the applicant has been licensed in another state or
876 territory of the United States, the District of Columbia, or the
877 Commonwealth of Puerto Rico for less than 5 years, the applicant
878 submits must submit proof of having been engaged in the full
879 time practice of dentistry since the date of his or her initial
880 licensure.
881 (II) As used in this section, “full-time practice” is
882 defined as a minimum of 1,200 hours per year for each and every
883 year in the consecutive 5-year period or, when where applicable,
884 the period since initial licensure, and must include any
885 combination of the following:
886 (A) Active clinical practice of dentistry providing direct
887 patient care.
888 (B) Full-time practice as a faculty member employed by a
889 dental or dental hygiene school approved by the board or
890 accredited by the American Dental Association Commission on
891 Dental Accreditation.
892 (C) Full-time practice as a student at a postgraduate
893 dental education program approved by the board or accredited by
894 the American Dental Association Commission on Dental
895 Accreditation.
896 (III) The board shall develop rules to determine what type
897 of proof of full-time practice is required and to recoup the
898 cost to the board of verifying full-time practice under this
899 section. Such proof must, at a minimum, be:
900 (A) Admissible as evidence in an administrative proceeding;
901 (B) Submitted in writing;
902 (C) Submitted by the applicant under oath with penalties of
903 perjury attached;
904 (D) Further documented by an affidavit of someone unrelated
905 to the applicant who is familiar with the applicant’s practice
906 and testifies with particularity that the applicant has been
907 engaged in full-time practice; and
908 (E) Specifically found by the board to be both credible and
909 admissible.
910 (IV) An affidavit of only the applicant is not acceptable
911 proof of full-time practice unless it is further attested to by
912 someone unrelated to the applicant who has personal knowledge of
913 the applicant’s practice. If the board deems it necessary to
914 assess credibility or accuracy, the board may require the
915 applicant or the applicant’s witnesses to appear before the
916 board and give oral testimony under oath;
917 f. The applicant submits must submit documentation that he
918 or she has completed, or will complete before he or she is
919 licensed, prior to licensure in this state, continuing education
920 equivalent to this state’s requirements for the last full
921 reporting biennium;
922 g. The applicant proves must prove that he or she has never
923 been convicted of, or pled nolo contendere to, regardless of
924 adjudication, any felony or misdemeanor related to the practice
925 of a health care profession in any jurisdiction;
926 h. The applicant has must successfully passed pass a
927 written examination on the laws and rules of this state
928 regulating the practice of dentistry and must successfully pass
929 the computer-based diagnostic skills examination; and
930 i. The applicant submits must submit documentation that he
931 or she has successfully completed the applicable examination
932 administered by the Joint Commission on National Dental
933 Examinations or its successor organization National Board of
934 Dental Examiners dental examination.
935 Section 21. Notwithstanding the January 1, 2020, repeal of
936 section 466.0067, Florida Statutes, that section is revived,
937 reenacted, and amended, to read:
938 466.0067 Application for health access dental license.—The
939 Legislature finds that there is an important state interest in
940 attracting dentists to practice in underserved health access
941 settings in this state and further, that allowing out-of-state
942 dentists who meet certain criteria to practice in health access
943 settings without the supervision of a dentist licensed in this
944 state is substantially related to achieving this important state
945 interest. Therefore, notwithstanding the requirements of s.
946 466.006, the board shall grant a health access dental license to
947 practice dentistry in this state in health access settings as
948 defined in s. 466.003 to an applicant who that:
949 (1) Files an appropriate application approved by the board;
950 (2) Pays an application license fee for a health access
951 dental license, laws-and-rule exam fee, and an initial licensure
952 fee. The fees specified in this subsection may not differ from
953 an applicant seeking licensure pursuant to s. 466.006;
954 (3) Has not been convicted of or pled nolo contendere to,
955 regardless of adjudication, any felony or misdemeanor related to
956 the practice of a health care profession;
957 (4) Submits proof of graduation from a dental school
958 accredited by the Commission on Dental Accreditation of the
959 American Dental Association or its successor agency;
960 (5) Submits documentation that she or he has completed, or
961 will obtain before prior to licensure, continuing education
962 equivalent to this state’s requirement for dentists licensed
963 under s. 466.006 for the last full reporting biennium before
964 applying for a health access dental license;
965 (6) Submits proof of her or his successful completion of
966 parts I and II of the dental examination by the National Board
967 of Dental Examiners and a state or regional clinical dental
968 licensing examination that the board has determined effectively
969 measures the applicant’s ability to practice safely;
970 (7) Currently holds a valid, active, dental license in good
971 standing which has not been revoked, suspended, restricted, or
972 otherwise disciplined from another of the United States, the
973 District of Columbia, or a United States territory;
974 (8) Has never had a license revoked from another of the
975 United States, the District of Columbia, or a United States
976 territory;
977 (9) Has never failed the examination specified in s.
978 466.006, unless the applicant was reexamined pursuant to s.
979 466.006 and received a license to practice dentistry in this
980 state;
981 (10) Has not been reported to the National Practitioner
982 Data Bank, unless the applicant successfully appealed to have
983 his or her name removed from the data bank;
984 (11) Submits proof that he or she has been engaged in the
985 active, clinical practice of dentistry providing direct patient
986 care for 5 years immediately preceding the date of application,
987 or in instances when the applicant has graduated from an
988 accredited dental school within the preceding 5 years, submits
989 proof of continuous clinical practice providing direct patient
990 care since graduation; and
991 (12) Has passed an examination covering the laws and rules
992 of the practice of dentistry in this state as described in s.
993 466.006(4)(a).
994 Section 22. Notwithstanding the January 1, 2020, repeal of
995 section 466.00671, Florida Statutes, that section is revived,
996 reenacted, and amended to read:
997 466.00671 Renewal of the health access dental license.—
998 (1) A health access dental licensee shall apply for renewal
999 each biennium. At the time of renewal, the licensee shall sign a
1000 statement that she or he has complied with all continuing
1001 education requirements of an active dentist licensee. The board
1002 shall renew a health access dental license for an applicant who
1003 that:
1004 (a) Submits documentation, as approved by the board, from
1005 the employer in the health access setting that the licensee has
1006 at all times pertinent remained an employee;
1007 (b) Has not been convicted of or pled nolo contendere to,
1008 regardless of adjudication, any felony or misdemeanor related to
1009 the practice of a health care profession;
1010 (c) Has paid a renewal fee set by the board. The fee
1011 specified herein may not differ from the renewal fee adopted by
1012 the board pursuant to s. 466.013. The department may provide
1013 payment for these fees through the dentist’s salary, benefits,
1014 or other department funds;
1015 (d) Has not failed the examination specified in s. 466.006
1016 since initially receiving a health access dental license or
1017 since the last renewal; and
1018 (e) Has not been reported to the National Practitioner Data
1019 Bank, unless the applicant successfully appealed to have his or
1020 her name removed from the data bank.
1021 (2) The board may undertake measures to independently
1022 verify the health access dental licensee’s ongoing employment
1023 status in the health access setting.
1024 Section 23. Notwithstanding the January 1, 2020, repeal of
1025 section 466.00672, Florida Statutes, that section is revived and
1026 reenacted to read:
1027 466.00672 Revocation of health access dental license.—
1028 (1) The board shall revoke a health access dental license
1029 upon:
1030 (a) The licensee’s termination from employment from a
1031 qualifying health access setting;
1032 (b) Final agency action determining that the licensee has
1033 violated any provision of s. 466.027 or s. 466.028, other than
1034 infractions constituting citation offenses or minor violations;
1035 or
1036 (c) Failure of the Florida dental licensure examination.
1037 (2) Failure of an individual licensed pursuant to s.
1038 466.0067 to limit the practice of dentistry to health access
1039 settings as defined in s. 466.003 constitutes the unlicensed
1040 practice of dentistry.
1041 Section 24. Paragraph (b) of subsection (4) and paragraph
1042 (a) of subsection (6) of section 466.007, Florida Statutes, are
1043 amended to read:
1044 466.007 Examination of dental hygienists.—
1045 (4) Effective July 1, 2012, to be licensed as a dental
1046 hygienist in this state, an applicant must successfully complete
1047 the following:
1048 (b) A practical or clinical examination approved by the
1049 board. The examination shall be the Dental Hygiene Examination
1050 produced by the American Board of Dental Examiners, Inc. (ADEX)
1051 or its successor entity, if any, if the board finds that the
1052 successor entity’s clinical examination meets or exceeds the
1053 provisions of this section. The board shall approve the ADEX
1054 Dental Hygiene Examination if the board has attained and
1055 continues to maintain representation on the ADEX House of
1056 Representatives, the ADEX Dental Hygiene Examination Development
1057 Committee, and such other ADEX Dental Hygiene committees as the
1058 board deems appropriate through rulemaking to ensure that the
1059 standards established in this section are maintained
1060 organizationally. The ADEX Dental Hygiene Examination or the
1061 examination produced by its successor entity is a comprehensive
1062 examination in which an applicant must demonstrate skills within
1063 the dental hygiene scope of practice on a live patient and any
1064 other components that the board deems necessary for the
1065 applicant to successfully demonstrate competency for the purpose
1066 of licensure. The ADEX Dental Hygiene Examination or the
1067 examination by the successor entity administered in this state
1068 shall be graded by dentists and dental hygienists licensed in
1069 this state who are employed by the department for this purpose.
1070 (6)(a) A passing score on the ADEX Dental Hygiene
1071 Examination administered out of state must shall be considered
1072 the same as a passing score for the ADEX Dental Hygiene
1073 Examination administered in this state and graded by licensed
1074 dentists and dental hygienists.
1075 Section 25. Subsections (9) through (15) are added to
1076 section 466.017, Florida Statutes, to read:
1077 466.017 Prescription of drugs; anesthesia.—
1078 (9) Any adverse incident that occurs in an office
1079 maintained by a dentist must be reported to the department. The
1080 required notification to the department must be submitted in
1081 writing by certified mail and postmarked within 48 hours after
1082 the incident occurs.
1083 (10) A dentist practicing in this state must notify the
1084 board in writing by certified mail within 48 hours after any
1085 adverse incident that occurs in the dentist’s outpatient
1086 facility. A complete written report must be filed with the board
1087 within 30 days after the incident occurs.
1088 (11) Any certified registered dental hygienist
1089 administering local anesthesia must notify the board in writing
1090 by registered mail within 48 hours after any adverse incident
1091 that was related to or the result of the administration of local
1092 anesthesia. A complete written report must be filed with the
1093 board within 30 days after the mortality or other adverse
1094 incident.
1095 (12) A failure by the dentist or dental hygienist to timely
1096 and completely comply with all the reporting requirements in
1097 this section is the basis for disciplinary action by the board
1098 pursuant to s. 466.028(1).
1099 (13) The department shall review each adverse incident and
1100 determine whether it involved conduct by a health care
1101 professional subject to disciplinary action, in which case s.
1102 456.073 applies. Disciplinary action, if any, shall be taken by
1103 the board under which the health care professional is licensed.
1104 (14) As used in subsections (9)-(13), the term “adverse
1105 incident” means any mortality that occurs during or as the
1106 result of a dental procedure, or an incident that results in a
1107 temporary or permanent physical or mental injury that requires
1108 hospitalization or emergency room treatment of a dental patient
1109 which occurs during or as a direct result of the use of general
1110 anesthesia, deep sedation, moderate sedation, pediatric moderate
1111 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
1112 oxide, or local anesthesia.
1113 (15) The board may adopt rules to administer this section.
1114 Section 26. Section 466.031, Florida Statutes, is amended
1115 to read:
1116 466.031 “Dental laboratories laboratory” defined.—
1117 (1) As used in this chapter, the term “dental laboratory”
1118 as used in this chapter:
1119 (1) includes any person, firm, or corporation that who
1120 performs for a fee of any kind, gratuitously, or otherwise,
1121 directly or through an agent or an employee, by any means or
1122 method, or who in any way supplies or manufactures artificial
1123 substitutes for the natural teeth;, or who furnishes, supplies,
1124 constructs, or reproduces or repairs any prosthetic denture,
1125 bridge, or appliance to be worn in the human mouth; or who in
1126 any way represents holds itself out as a dental laboratory.
1127 (2) The term does not include a Excludes any dental
1128 laboratory technician who constructs or repairs dental
1129 prosthetic appliances in the office of a licensed dentist
1130 exclusively for that such dentist only and under her or his
1131 supervision and work order.
1132 (2) An employee or independent contractor of a dental
1133 laboratory, acting as an agent of that dental laboratory, may
1134 engage in onsite consultation with a licensed dentist during a
1135 dental procedure.
1136 Section 27. Section 466.036, Florida Statutes, is amended
1137 to read:
1138 466.036 Information; periodic inspections; equipment and
1139 supplies.—The department may require from the applicant for a
1140 registration certificate to operate a dental laboratory any
1141 information necessary to carry out the purpose of this chapter,
1142 including proof that the applicant has the equipment and
1143 supplies necessary to operate as determined by rule of the
1144 department, and shall require periodic inspection of all dental
1145 laboratories operating in this state at least once each biennial
1146 registration period. Such inspections must shall include, but
1147 need not be limited to, inspection of sanitary conditions,
1148 equipment, supplies, and facilities on the premises. The
1149 department shall specify dental equipment and supplies that are
1150 not allowed permitted in a registered dental laboratory.
1151 Section 28. Subsection (1) of section 468.701, Florida
1152 Statutes, is amended to read:
1153 468.701 Definitions.—As used in this part, the term:
1154 (1) “Athletic trainer” means a person licensed under this
1155 part who has met the requirements of under this part, including
1156 the education requirements established as set forth by the
1157 Commission on Accreditation of Athletic Training Education or
1158 its successor organization and necessary credentials from the
1159 Board of Certification. An individual who is licensed as an
1160 athletic trainer may not provide, offer to provide, or represent
1161 that he or she is qualified to provide any care or services that
1162 he or she lacks the education, training, or experience to
1163 provide, or that he or she is otherwise prohibited by law from
1164 providing.
1165 Section 29. Section 468.707, Florida Statutes, is amended
1166 to read:
1167 468.707 Licensure requirements.—Any person desiring to be
1168 licensed as an athletic trainer shall apply to the department on
1169 a form approved by the department. An applicant shall also
1170 provide records or other evidence, as determined by the board,
1171 to prove he or she has met the requirements of this section. The
1172 department shall license each applicant who:
1173 (1) Has completed the application form and remitted the
1174 required fees.
1175 (2) For a person who applies on or after July 1, 2016, Has
1176 submitted to background screening pursuant to s. 456.0135. The
1177 board may require a background screening for an applicant whose
1178 license has expired or who is undergoing disciplinary action.
1179 (3)(a) Has obtained, at a minimum, a bachelor’s
1180 baccalaureate or higher degree from a college or university
1181 professional athletic training degree program accredited by the
1182 Commission on Accreditation of Athletic Training Education or
1183 its successor organization recognized and approved by the United
1184 States Department of Education or the Commission on Recognition
1185 of Postsecondary Accreditation, approved by the board, or
1186 recognized by the Board of Certification, and has passed the
1187 national examination to be certified by the Board of
1188 Certification; or.
1189 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
1190 completed the Board of Certification internship requirements,
1191 and holds If graduated before 2004, has a current certification
1192 from the Board of Certification.
1193 (4)(5) Has current certification in both cardiopulmonary
1194 resuscitation and the use of an automated external defibrillator
1195 set forth in the continuing education requirements as determined
1196 by the board pursuant to s. 468.711.
1197 (5)(6) Has completed any other requirements as determined
1198 by the department and approved by the board.
1199 Section 30. Subsection (3) of section 468.711, Florida
1200 Statutes, is amended to read:
1201 468.711 Renewal of license; continuing education.—
1202 (3) If initially licensed after January 1, 1998, the
1203 licensee must be currently certified by the Board of
1204 Certification or its successor agency and maintain that
1205 certification in good standing without lapse.
1206 Section 31. Section 468.713, Florida Statutes, is amended
1207 to read:
1208 468.713 Responsibilities of athletic trainers.—
1209 (1) An athletic trainer shall practice under the direction
1210 of a physician licensed under chapter 458, chapter 459, chapter
1211 460, or otherwise authorized by Florida law to practice
1212 medicine. The physician shall communicate his or her direction
1213 through oral or written prescriptions or protocols as deemed
1214 appropriate by the physician for the provision of services and
1215 care by the athletic trainer. An athletic trainer shall provide
1216 service or care in the manner dictated by the physician.
1217 (2) An athletic trainer shall work within his or her
1218 allowable scope of practice as specified in board rule under s.
1219 468.705. An athletic trainer may not provide, offer to provide,
1220 or represent that he or she is qualified to provide any care or
1221 services that he or she lacks the education, training, or
1222 experience to provide or that he or she is otherwise prohibited
1223 by law from providing.
1224 Section 32. Subsection (2) of section 468.723, Florida
1225 Statutes, is amended to read:
1226 468.723 Exemptions.—This part does not prohibit prevent or
1227 restrict:
1228 (2) An athletic training student acting under the direct
1229 supervision of a licensed athletic trainer. For purposes of this
1230 subsection, “direct supervision” means the physical presence of
1231 an athletic trainer so that the athletic trainer is immediately
1232 available to the athletic training student and able to intervene
1233 on behalf of the athletic training student. The supervision must
1234 comply with board rule in accordance with the standards set
1235 forth by the Commission on Accreditation of Athletic Training
1236 Education or its successor.
1237 Section 33. Subsections (1), (3), and (4) of section
1238 468.803, Florida Statutes, are amended to read:
1239 468.803 License, registration, and examination
1240 requirements.—
1241 (1) The department shall issue a license to practice
1242 orthotics, prosthetics, or pedorthics, or a registration for a
1243 resident to practice orthotics or prosthetics, to qualified
1244 applicants. Licenses to practice shall be granted independently
1245 in orthotics, prosthetics, or pedorthics must be granted
1246 independently, but a person may be licensed in more than one
1247 such discipline, and a prosthetist-orthotist license may be
1248 granted to persons meeting the requirements for licensure both
1249 as a prosthetist and as an orthotist license. Registrations to
1250 practice shall be granted independently in orthotics or
1251 prosthetics must be granted independently, and a person may be
1252 registered in both disciplines fields at the same time or
1253 jointly in orthotics and prosthetics as a dual registration.
1254 (3) A person seeking to attain the required orthotics or
1255 prosthetics experience required for licensure in this state must
1256 be approved by the board and registered as a resident by the
1257 department. Although a registration may be held in both
1258 disciplines practice fields, for independent registrations the
1259 board may shall not approve a second registration until at least
1260 1 year after the issuance of the first registration.
1261 Notwithstanding subsection (2), a person an applicant who has
1262 been approved by the board and registered by the department in
1263 one discipline practice field may apply for registration in the
1264 second discipline practice field without an additional state or
1265 national criminal history check during the period in which the
1266 first registration is valid. Each independent registration or
1267 dual registration is valid for 2 years after from the date of
1268 issuance unless otherwise revoked by the department upon
1269 recommendation of the board. The board shall set a registration
1270 fee not to exceed $500 to be paid by the applicant. A
1271 registration may be renewed once by the department upon
1272 recommendation of the board for a period no longer than 1 year,
1273 as such renewal is defined by the board by rule. The
1274 registration renewal fee may shall not exceed one-half the
1275 current registration fee. To be considered by the board for
1276 approval of registration as a resident, the applicant must have
1277 one of the following:
1278 (a) A Bachelor of Science or higher-level postgraduate
1279 degree in orthotics and prosthetics from a regionally accredited
1280 college or university recognized by the Commission on
1281 Accreditation of Allied Health Education Programs. or, at
1282 (b) A minimum of, a bachelor’s degree from a regionally
1283 accredited college or university and a certificate in orthotics
1284 or prosthetics from a program recognized by the Commission on
1285 Accreditation of Allied Health Education Programs, or its
1286 equivalent, as determined by the board.; or
1287 (c) A minimum of a bachelor’s degree from a regionally
1288 accredited college or university and a dual certificate in both
1289 orthotics and prosthetics from programs recognized by the
1290 Commission on Accreditation of Allied Health Education Programs,
1291 or its equivalent, as determined by the board.
1292 (b) A Bachelor of Science or higher-level postgraduate
1293 degree in Orthotics and Prosthetics from a regionally accredited
1294 college or university recognized by the Commission on
1295 Accreditation of Allied Health Education Programs or, at a
1296 minimum, a bachelor’s degree from a regionally accredited
1297 college or university and a certificate in prosthetics from a
1298 program recognized by the Commission on Accreditation of Allied
1299 Health Education Programs, or its equivalent, as determined by
1300 the board.
1301 (4) The department may develop and administer a state
1302 examination for an orthotist or a prosthetist license, or the
1303 board may approve the existing examination of a national
1304 standards organization. The examination must be predicated on a
1305 minimum of a baccalaureate-level education and formalized
1306 specialized training in the appropriate field. Each examination
1307 must demonstrate a minimum level of competence in basic
1308 scientific knowledge, written problem solving, and practical
1309 clinical patient management. The board shall require an
1310 examination fee not to exceed the actual cost to the board in
1311 developing, administering, and approving the examination, which
1312 fee must be paid by the applicant. To be considered by the board
1313 for examination, the applicant must have:
1314 (a) For an examination in orthotics:
1315 1. A Bachelor of Science or higher-level postgraduate
1316 degree in orthotics and prosthetics from a regionally accredited
1317 college or university recognized by the Commission on
1318 Accreditation of Allied Health Education Programs or, at a
1319 minimum, a bachelor’s degree from a regionally accredited
1320 college or university and a certificate in orthotics from a
1321 program recognized by the Commission on Accreditation of Allied
1322 Health Education Programs, or its equivalent, as determined by
1323 the board; and
1324 2. An approved orthotics internship of 1 year of qualified
1325 experience, as determined by the board, or an orthotic residency
1326 or dual residency program recognized by the board.
1327 (b) For an examination in prosthetics:
1328 1. A Bachelor of Science or higher-level postgraduate
1329 degree in orthotics and prosthetics from a regionally accredited
1330 college or university recognized by the Commission on
1331 Accreditation of Allied Health Education Programs or, at a
1332 minimum, a bachelor’s degree from a regionally accredited
1333 college or university and a certificate in prosthetics from a
1334 program recognized by the Commission on Accreditation of Allied
1335 Health Education Programs, or its equivalent, as determined by
1336 the board; and
1337 2. An approved prosthetics internship of 1 year of
1338 qualified experience, as determined by the board, or a
1339 prosthetic residency or dual residency program recognized by the
1340 board.
1341 Section 34. Subsection (5) of section 480.033, Florida
1342 Statutes, is amended to read:
1343 480.033 Definitions.—As used in this act:
1344 (5) “Apprentice” means a person approved by the board to
1345 study colonic irrigation massage under the instruction of a
1346 licensed massage therapist practicing colonic irrigation.
1347 Section 35. Subsections (1) and (2) of section 480.041,
1348 Florida Statutes, are amended, and subsection (8) is added to
1349 that section, to read:
1350 480.041 Massage therapists; qualifications; licensure;
1351 endorsement.—
1352 (1) Any person is qualified for licensure as a massage
1353 therapist under this act who:
1354 (a) Is at least 18 years of age or has received a high
1355 school diploma or high school equivalency diploma;
1356 (b) Has completed a course of study at a board-approved
1357 massage school or has completed an apprenticeship program that
1358 meets standards adopted by the board; and
1359 (c) Has received a passing grade on a national an
1360 examination designated administered by the board department.
1361 (2) Every person desiring to be examined for licensure as a
1362 massage therapist must shall apply to the department in writing
1363 upon forms prepared and furnished by the department. Such
1364 applicants are shall be subject to the provisions of s.
1365 480.046(1). Applicants may take an examination administered by
1366 the department only upon meeting the requirements of this
1367 section as determined by the board.
1368 (8) A person issued a license as a massage apprentice
1369 before July 1, 2020, may continue that apprenticeship and
1370 perform massage therapy as authorized under that license until
1371 it expires. Upon completion of the apprenticeship, which must
1372 occur before July 1, 2023, a massage apprentice may apply to the
1373 board for full licensure and be granted a license if all other
1374 applicable licensure requirements are met.
1375 Section 36. Section 480.042, Florida Statutes, is repealed.
1376 Section 37. Subsection (3) of section 490.003, Florida
1377 Statutes, is amended to read:
1378 490.003 Definitions.—As used in this chapter:
1379 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
1380 education” and “doctoral degree in psychology” mean a Psy.D., an
1381 Ed.D. in psychology, or a Ph.D. in psychology from:
1382 1. An educational institution which, at the time the
1383 applicant was enrolled and graduated, had institutional
1384 accreditation from an agency recognized and approved by the
1385 United States Department of Education or was recognized as a
1386 member in good standing with the Association of Universities and
1387 Colleges of Canada; and
1388 2. A psychology program within that educational institution
1389 which, at the time the applicant was enrolled and graduated, had
1390 programmatic accreditation from an accrediting agency recognized
1391 and approved by the United States Department of Education or was
1392 comparable to such programs.
1393 (b) Effective July 1, 1999, “doctoral-level psychological
1394 education” and “doctoral degree in psychology” mean a Psy.D., an
1395 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1396 program at:
1397 1. an educational institution that which, at the time the
1398 applicant was enrolled and graduated:
1399 (a) , Had institutional accreditation from an agency
1400 recognized and approved by the United States Department of
1401 Education or was recognized as a member in good standing with
1402 the Association of Universities and Colleges of Canada; and
1403 (b)2. A psychology program within that educational
1404 institution which, at the time the applicant was enrolled and
1405 graduated, Had programmatic accreditation from the American
1406 Psychological Association an agency recognized and approved by
1407 the United States Department of Education.
1408 Section 38. Paragraph (b) of subsection (1) and paragraph
1409 (b) of subsection (2) of section 490.005, Florida Statutes, are
1410 amended to read:
1411 490.005 Licensure by examination.—
1412 (1) Any person desiring to be licensed as a psychologist
1413 shall apply to the department to take the licensure examination.
1414 The department shall license each applicant who the board
1415 certifies has:
1416 (b) Submitted proof satisfactory to the board that the
1417 applicant has received:
1418 1. Received Doctoral-level psychological education, as
1419 defined in s. 490.003(3); or
1420 2. Received The equivalent of a doctoral-level
1421 psychological education, as defined in s. 490.003(3), from a
1422 program at a school or university located outside the United
1423 States of America and Canada, which was officially recognized by
1424 the government of the country in which it is located as an
1425 institution or program to train students to practice
1426 professional psychology. The applicant has the burden of
1427 establishing that this requirement has the requirements of this
1428 provision have been met shall be upon the applicant;
1429 3. Received and submitted to the board, prior to July 1,
1430 1999, certification of an augmented doctoral-level psychological
1431 education from the program director of a doctoral-level
1432 psychology program accredited by a programmatic agency
1433 recognized and approved by the United States Department of
1434 Education; or
1435 4. Received and submitted to the board, prior to August 31,
1436 2001, certification of a doctoral-level program that at the time
1437 the applicant was enrolled and graduated maintained a standard
1438 of education and training comparable to the standard of training
1439 of programs accredited by a programmatic agency recognized and
1440 approved by the United States Department of Education. Such
1441 certification of comparability shall be provided by the program
1442 director of a doctoral-level psychology program accredited by a
1443 programmatic agency recognized and approved by the United States
1444 Department of Education.
1445 (2) Any person desiring to be licensed as a school
1446 psychologist shall apply to the department to take the licensure
1447 examination. The department shall license each applicant who the
1448 department certifies has:
1449 (b) Submitted satisfactory proof to the department that the
1450 applicant:
1451 1. Has received a doctorate, specialist, or equivalent
1452 degree from a program primarily psychological in nature and has
1453 completed 60 semester hours or 90 quarter hours of graduate
1454 study, in areas related to school psychology as defined by rule
1455 of the department, from a college or university which at the
1456 time the applicant was enrolled and graduated was accredited by
1457 an accrediting agency recognized and approved by the Council for
1458 Higher Education Accreditation or its successor organization
1459 Commission on Recognition of Postsecondary Accreditation or from
1460 an institution that which is publicly recognized as a member in
1461 good standing with the Association of Universities and Colleges
1462 of Canada.
1463 2. Has had a minimum of 3 years of experience in school
1464 psychology, 2 years of which must be supervised by an individual
1465 who is a licensed school psychologist or who has otherwise
1466 qualified as a school psychologist supervisor, by education and
1467 experience, as set forth by rule of the department. A doctoral
1468 internship may be applied toward the supervision requirement.
1469 3. Has passed an examination provided by the department.
1470 Section 39. Subsection (1) of section 490.006, Florida
1471 Statutes, is amended to read:
1472 490.006 Licensure by endorsement.—
1473 (1) The department shall license a person as a psychologist
1474 or school psychologist who, upon applying to the department and
1475 remitting the appropriate fee, demonstrates to the department
1476 or, in the case of psychologists, to the board that the
1477 applicant:
1478 (a) Holds a valid license or certificate in another state
1479 to practice psychology or school psychology, as applicable,
1480 provided that, when the applicant secured such license or
1481 certificate, the requirements were substantially equivalent to
1482 or more stringent than those set forth in this chapter at that
1483 time; and, if no Florida law existed at that time, then the
1484 requirements in the other state must have been substantially
1485 equivalent to or more stringent than those set forth in this
1486 chapter at the present time;
1487 (a)(b) Is a diplomate in good standing with the American
1488 Board of Professional Psychology, Inc.; or
1489 (b)(c) Possesses a doctoral degree in psychology as
1490 described in s. 490.003 and has at least 10 20 years of
1491 experience as a licensed psychologist in any jurisdiction or
1492 territory of the United States within the 25 years preceding the
1493 date of application.
1494 Section 40. Subsection (6) of section 491.0045, Florida
1495 Statutes, as amended by chapters 2016-80 and 2016-241, Laws of
1496 Florida, is amended to read:
1497 491.0045 Intern registration; requirements.—
1498 (6) A registration issued on or before March 31, 2017,
1499 expires March 31, 2022, and may not be renewed or reissued. Any
1500 registration issued after March 31, 2017, expires 60 months
1501 after the date it is issued. The board may make a one-time
1502 exception from the requirements of this subsection in emergency
1503 or hardship cases, as defined by board rule, if A subsequent
1504 intern registration may not be issued unless the candidate has
1505 passed the theory and practice examination described in s.
1506 491.005(1)(d), (3)(d), and (4)(d).
1507 Section 41. Subsections (3) and (4) of section 491.005,
1508 Florida Statutes, are amended to read:
1509 491.005 Licensure by examination.—
1510 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1511 documentation and payment of a fee not to exceed $200, as set by
1512 board rule, plus the actual cost of to the department for the
1513 purchase of the examination from the Association of Marital and
1514 Family Therapy Regulatory Board, or similar national
1515 organization, the department shall issue a license as a marriage
1516 and family therapist to an applicant who the board certifies:
1517 (a) Has submitted an application and paid the appropriate
1518 fee.
1519 (b)1. Has a minimum of a master’s degree with major
1520 emphasis in marriage and family therapy, or a closely related
1521 field from a program accredited by the Commission on
1522 Accreditation for Marriage and Family Therapy Education or from
1523 a Florida university program accredited by the Council for
1524 Accreditation of Counseling and Related Educational Programs,
1525 and graduate courses approved by the Board of Clinical Social
1526 Work, Marriage and Family Therapy, and Mental Health Counseling.
1527 has completed all of the following requirements:
1528 a. Thirty-six semester hours or 48 quarter hours of
1529 graduate coursework, which must include a minimum of 3 semester
1530 hours or 4 quarter hours of graduate-level course credits in
1531 each of the following nine areas: dynamics of marriage and
1532 family systems; marriage therapy and counseling theory and
1533 techniques; family therapy and counseling theory and techniques;
1534 individual human development theories throughout the life cycle;
1535 personality theory or general counseling theory and techniques;
1536 psychopathology; human sexuality theory and counseling
1537 techniques; psychosocial theory; and substance abuse theory and
1538 counseling techniques. Courses in research, evaluation,
1539 appraisal, assessment, or testing theories and procedures;
1540 thesis or dissertation work; or practicums, internships, or
1541 fieldwork may not be applied toward this requirement.
1542 b. A minimum of one graduate-level course of 3 semester
1543 hours or 4 quarter hours in legal, ethical, and professional
1544 standards issues in the practice of marriage and family therapy
1545 or a course determined by the board to be equivalent.
1546 c. A minimum of one graduate-level course of 3 semester
1547 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1548 and testing for individual or interpersonal disorder or
1549 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1550 hour graduate-level course in behavioral research which focuses
1551 on the interpretation and application of research data as it
1552 applies to clinical practice. Credit for thesis or dissertation
1553 work, practicums, internships, or fieldwork may not be applied
1554 toward this requirement.
1555 d. A minimum of one supervised clinical practicum,
1556 internship, or field experience in a marriage and family
1557 counseling setting, during which the student provided 180 direct
1558 client contact hours of marriage and family therapy services
1559 under the supervision of an individual who met the requirements
1560 for supervision under paragraph (c). This requirement may be met
1561 by a supervised practice experience which took place outside the
1562 academic arena, but which is certified as equivalent to a
1563 graduate-level practicum or internship program which required a
1564 minimum of 180 direct client contact hours of marriage and
1565 family therapy services currently offered within an academic
1566 program of a college or university accredited by an accrediting
1567 agency approved by the United States Department of Education, or
1568 an institution which is publicly recognized as a member in good
1569 standing with the Association of Universities and Colleges of
1570 Canada or a training institution accredited by the Commission on
1571 Accreditation for Marriage and Family Therapy Education
1572 recognized by the United States Department of Education.
1573 Certification shall be required from an official of such
1574 college, university, or training institution.
1575 2. If the course title that which appears on the
1576 applicant’s transcript does not clearly identify the content of
1577 the coursework, the applicant shall be required to provide
1578 additional documentation, including, but not limited to, a
1579 syllabus or catalog description published for the course.
1580
1581 The required master’s degree must have been received in an
1582 institution of higher education that, which at the time the
1583 applicant graduated, was: fully accredited by a regional
1584 accrediting body recognized by the Commission on Recognition of
1585 Postsecondary Accreditation or; publicly recognized as a member
1586 in good standing with the Association of Universities and
1587 Colleges of Canada,; or an institution of higher education
1588 located outside the United States and Canada, which, at the time
1589 the applicant was enrolled and at the time the applicant
1590 graduated, maintained a standard of training substantially
1591 equivalent to the standards of training of those institutions in
1592 the United States which are accredited by a regional accrediting
1593 body recognized by the Commission on Recognition of
1594 Postsecondary Accreditation. Such foreign education and training
1595 must have been received in an institution or program of higher
1596 education officially recognized by the government of the country
1597 in which it is located as an institution or program to train
1598 students to practice as professional marriage and family
1599 therapists or psychotherapists. The applicant has the burden of
1600 establishing that the requirements of this provision have been
1601 met shall be upon the applicant, and the board shall require
1602 documentation, such as, but not limited to, an evaluation by a
1603 foreign equivalency determination service, as evidence that the
1604 applicant’s graduate degree program and education were
1605 equivalent to an accredited program in this country. An
1606 applicant with a master’s degree from a program that which did
1607 not emphasize marriage and family therapy may complete the
1608 coursework requirement in a training institution fully
1609 accredited by the Commission on Accreditation for Marriage and
1610 Family Therapy Education recognized by the United States
1611 Department of Education.
1612 (c) Has had at least 2 years of clinical experience during
1613 which 50 percent of the applicant’s clients were receiving
1614 marriage and family therapy services, which must be at the post
1615 master’s level under the supervision of a licensed marriage and
1616 family therapist with at least 5 years of experience, or the
1617 equivalent, who is a qualified supervisor as determined by the
1618 board. An individual who intends to practice in Florida to
1619 satisfy the clinical experience requirements must register
1620 pursuant to s. 491.0045 before commencing practice. If a
1621 graduate has a master’s degree with a major emphasis in marriage
1622 and family therapy or a closely related field which that did not
1623 include all of the coursework required by subparagraph (b)1.
1624 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1625 level clinical experience may shall not commence until the
1626 applicant has completed a minimum of 10 of the courses required
1627 by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1628 determined by the board, and at least 6 semester hours or 9
1629 quarter hours of the course credits must have been completed in
1630 the area of marriage and family systems, theories, or
1631 techniques. Within the 2 3 years of required experience, the
1632 applicant shall provide direct individual, group, or family
1633 therapy and counseling, to include the following categories of
1634 cases including those involving: unmarried dyads, married
1635 couples, separating and divorcing couples, and family groups
1636 that include including children. A doctoral internship may be
1637 applied toward the clinical experience requirement. A licensed
1638 mental health professional must be on the premises when clinical
1639 services are provided by a registered intern in a private
1640 practice setting.
1641 (d) Has passed a theory and practice examination provided
1642 by the department for this purpose.
1643 (e) Has demonstrated, in a manner designated by board rule
1644 of the board, knowledge of the laws and rules governing the
1645 practice of clinical social work, marriage and family therapy,
1646 and mental health counseling.
1647 (f)
1648
1649 For the purposes of dual licensure, the department shall license
1650 as a marriage and family therapist any person who meets the
1651 requirements of s. 491.0057. Fees for dual licensure may shall
1652 not exceed those stated in this subsection.
1653 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1654 documentation and payment of a fee not to exceed $200, as set by
1655 board rule, plus the actual per applicant cost of to the
1656 department for purchase of the examination from the National
1657 Board for Certified Counselors or its successor Professional
1658 Examination Service for the National Academy of Certified
1659 Clinical Mental Health Counselors or a similar national
1660 organization, the department shall issue a license as a mental
1661 health counselor to an applicant who the board certifies:
1662 (a) Has submitted an application and paid the appropriate
1663 fee.
1664 (b)1. Has a minimum of an earned master’s degree from a
1665 mental health counseling program accredited by the Council for
1666 the Accreditation of Counseling and Related Educational Programs
1667 which that consists of at least 60 semester hours or 80 quarter
1668 hours of clinical and didactic instruction, including a course
1669 in human sexuality and a course in substance abuse. If the
1670 master’s degree is earned from a program related to the practice
1671 of mental health counseling which that is not accredited by the
1672 Council for the Accreditation of Counseling and Related
1673 Educational Programs, then the coursework and practicum,
1674 internship, or fieldwork must consist of at least 60 semester
1675 hours or 80 quarter hours and meet all of the following
1676 requirements:
1677 a. Thirty-three semester hours or 44 quarter hours of
1678 graduate coursework, which must include a minimum of 3 semester
1679 hours or 4 quarter hours of graduate-level coursework in each of
1680 the following 11 content areas: counseling theories and
1681 practice; human growth and development; diagnosis and treatment
1682 of psychopathology; human sexuality; group theories and
1683 practice; individual evaluation and assessment; career and
1684 lifestyle assessment; research and program evaluation; social
1685 and cultural foundations; substance abuse; and legal, ethical,
1686 and professional standards issues in the practice of mental
1687 health counseling in community settings; and substance abuse.
1688 Courses in research, thesis or dissertation work, practicums,
1689 internships, or fieldwork may not be applied toward this
1690 requirement.
1691 b. A minimum of 3 semester hours or 4 quarter hours of
1692 graduate-level coursework addressing diagnostic processes,
1693 including differential diagnosis and the use of the current
1694 diagnostic tools, such as the current edition of the American
1695 Psychiatric Association’s Diagnostic and Statistical Manual of
1696 Mental Disorders. The graduate program must have emphasized the
1697 common core curricular experience in legal, ethical, and
1698 professional standards issues in the practice of mental health
1699 counseling, which includes goals, objectives, and practices of
1700 professional counseling organizations, codes of ethics, legal
1701 considerations, standards of preparation, certifications and
1702 licensing, and the role identity and professional obligations of
1703 mental health counselors. Courses in research, thesis or
1704 dissertation work, practicums, internships, or fieldwork may not
1705 be applied toward this requirement.
1706 c. The equivalent, as determined by the board, of at least
1707 700 1,000 hours of university-sponsored supervised clinical
1708 practicum, internship, or field experience that includes at
1709 least 280 hours of direct client services, as required in the
1710 accrediting standards of the Council for Accreditation of
1711 Counseling and Related Educational Programs for mental health
1712 counseling programs. This experience may not be used to satisfy
1713 the post-master’s clinical experience requirement.
1714 2. Has provided additional documentation if a the course
1715 title that which appears on the applicant’s transcript does not
1716 clearly identify the content of the coursework., The applicant
1717 shall be required to provide additional documentation must
1718 include, including, but is not limited to, a syllabus or catalog
1719 description published for the course.
1720
1721 Education and training in mental health counseling must have
1722 been received in an institution of higher education that, which
1723 at the time the applicant graduated, was: fully accredited by a
1724 regional accrediting body recognized by the Council for Higher
1725 Education Accreditation or its successor organization or
1726 Commission on Recognition of Postsecondary Accreditation;
1727 publicly recognized as a member in good standing with the
1728 Association of Universities and Colleges of Canada,; or an
1729 institution of higher education located outside the United
1730 States and Canada, which, at the time the applicant was enrolled
1731 and at the time the applicant graduated, maintained a standard
1732 of training substantially equivalent to the standards of
1733 training of those institutions in the United States which are
1734 accredited by a regional accrediting body recognized by the
1735 Council for Higher Education Accreditation or its successor
1736 organization Commission on Recognition of Postsecondary
1737 Accreditation. Such foreign education and training must have
1738 been received in an institution or program of higher education
1739 officially recognized by the government of the country in which
1740 it is located as an institution or program to train students to
1741 practice as mental health counselors. The applicant has the
1742 burden of establishing that the requirements of this provision
1743 have been met shall be upon the applicant, and the board shall
1744 require documentation, such as, but not limited to, an
1745 evaluation by a foreign equivalency determination service, as
1746 evidence that the applicant’s graduate degree program and
1747 education were equivalent to an accredited program in this
1748 country. Beginning July 1, 2025, an applicant must have a
1749 master’s degree from a program that is accredited by the Council
1750 for Accreditation of Counseling and Related Educational Programs
1751 which consists of at least 60 semester hours or 80 quarter hours
1752 to apply for licensure under this paragraph.
1753 (c) Has had at least 2 years of clinical experience in
1754 mental health counseling, which must be at the post-master’s
1755 level under the supervision of a licensed mental health
1756 counselor or the equivalent who is a qualified supervisor as
1757 determined by the board. An individual who intends to practice
1758 in Florida to satisfy the clinical experience requirements must
1759 register pursuant to s. 491.0045 before commencing practice. If
1760 a graduate has a master’s degree with a major related to the
1761 practice of mental health counseling which that did not include
1762 all the coursework required under sub-subparagraphs (b)1.a. and
1763 b. (b)1.a.-b., credit for the post-master’s level clinical
1764 experience may shall not commence until the applicant has
1765 completed a minimum of seven of the courses required under sub
1766 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1767 board, one of which must be a course in psychopathology or
1768 abnormal psychology. A doctoral internship may be applied toward
1769 the clinical experience requirement. A licensed mental health
1770 professional must be on the premises when clinical services are
1771 provided by a registered intern in a private practice setting.
1772 (d) Has passed a theory and practice examination provided
1773 by the department for this purpose.
1774 (e) Has demonstrated, in a manner designated by board rule
1775 of the board, knowledge of the laws and rules governing the
1776 practice of clinical social work, marriage and family therapy,
1777 and mental health counseling.
1778 Section 42. Paragraph (b) of subsection (1) of section
1779 491.006, Florida Statutes, is amended to read:
1780 491.006 Licensure or certification by endorsement.—
1781 (1) The department shall license or grant a certificate to
1782 a person in a profession regulated by this chapter who, upon
1783 applying to the department and remitting the appropriate fee,
1784 demonstrates to the board that he or she:
1785 (b)1. Holds an active valid license to practice and has
1786 actively practiced the licensed profession for which licensure
1787 is applied in another state for 3 of the last 5 years
1788 immediately preceding licensure;.
1789 2. Meets the education requirements of this chapter for the
1790 profession for which licensure is applied.
1791 2.3. Has passed a substantially equivalent licensing
1792 examination in another state or has passed the licensure
1793 examination in this state in the profession for which the
1794 applicant seeks licensure; and.
1795 3.4. Holds a license in good standing, is not under
1796 investigation for an act that would constitute a violation of
1797 this chapter, and has not been found to have committed any act
1798 that would constitute a violation of this chapter.
1799
1800 The fees paid by any applicant for certification as a master
1801 social worker under this section are nonrefundable.
1802 Section 43. Subsection (3) of section 491.007, Florida
1803 Statutes, is amended to read:
1804 491.007 Renewal of license, registration, or certificate.—
1805 (3) The board or department shall prescribe by rule a
1806 method for the biennial renewal of an intern registration at a
1807 fee set by rule, not to exceed $100.
1808 Section 44. Subsection (2) of section 491.009, Florida
1809 Statutes, is amended to read:
1810 491.009 Discipline.—
1811 (2) The board department, or, in the case of certified
1812 master social workers psychologists, the department board, may
1813 enter an order denying licensure or imposing any of the
1814 penalties authorized in s. 456.072(2) against any applicant for
1815 licensure or any licensee who violates is found guilty of
1816 violating any provision of subsection (1) of this section or who
1817 is found guilty of violating any provision of s. 456.072(1).
1818 Section 45. Subsection (2) of section 491.0046, Florida
1819 Statutes, is amended to read:
1820 491.0046 Provisional license; requirements.—
1821 (2) The department shall issue a provisional clinical
1822 social worker license, provisional marriage and family therapist
1823 license, or provisional mental health counselor license to each
1824 applicant who the board certifies has:
1825 (a) Completed the application form and remitted a
1826 nonrefundable application fee not to exceed $100, as set by
1827 board rule; and
1828 (b) Earned a graduate degree in social work, a graduate
1829 degree with a major emphasis in marriage and family therapy or a
1830 closely related field, or a graduate degree in a major related
1831 to the practice of mental health counseling; and
1832 (c) Has Met the following minimum coursework requirements:
1833 1. For clinical social work, a minimum of 15 semester hours
1834 or 22 quarter hours of the coursework required by s.
1835 491.005(1)(b)2.b.
1836 2. For marriage and family therapy, 10 of the courses
1837 required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1838 determined by the board, and at least 6 semester hours or 9
1839 quarter hours of the course credits must have been completed in
1840 the area of marriage and family systems, theories, or
1841 techniques.
1842 3. For mental health counseling, a minimum of seven of the
1843 courses required under s. 491.005(4)(b)1.a.-c.
1844 Section 46. Subsection (11) of section 945.42, Florida
1845 Statutes, is amended to read:
1846 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1847 945.40-945.49, the following terms shall have the meanings
1848 ascribed to them, unless the context shall clearly indicate
1849 otherwise:
1850 (11) “Psychological professional” means a behavioral
1851 practitioner who has an approved doctoral degree in psychology
1852 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1853 the department or who is licensed as a psychologist pursuant to
1854 chapter 490.
1855 Section 47. For the purpose of incorporating the amendment
1856 made by this act to section 459.0055, Florida Statutes, in a
1857 reference thereto, subsection (6) of section 459.021, Florida
1858 Statutes, is reenacted to read:
1859 459.021 Registration of resident physicians, interns, and
1860 fellows; list of hospital employees; penalty.—
1861 (6) Any person desiring registration pursuant to this
1862 section shall meet all the requirements of s. 459.0055, except
1863 paragraphs (1)(l) and (m).
1864 Section 48. The amendments and reenactments made by this
1865 act to sections 466.0067, 466.00671, and 466.00672, Florida
1866 Statutes, are remedial in nature and apply retroactively to
1867 January 1, 2020.
1868 Section 49. This act shall take effect July 1, 2020.
1869
