Bill Text: FL S0334 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professional Regulation
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0334 Detail]
Download: Florida-2019-S0334-Comm_Sub.html
Bill Title: Professional Regulation
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0334 Detail]
Download: Florida-2019-S0334-Comm_Sub.html
Florida Senate - 2019 CS for SB 334 By the Committee on Innovation, Industry, and Technology; and Senator Brandes 580-02956-19 2019334c1 1 A bill to be entitled 2 An act relating to professional regulation; amending 3 s. 455.213, F.S.; requiring certain boards and 4 entities within the Divisions of Certified Public 5 Accounting, Professions, or Real Estate of the 6 Department of Business and Professional Regulation to 7 use a specified process for the review of an 8 applicant’s criminal record to determine the 9 applicant’s eligibility for certain licenses; 10 prohibiting the conviction, plea, adjudication, or 11 sentencing of a crime before a specified date from 12 being used as grounds for the denial of certain 13 licenses; authorizing a person to apply for a license 14 before his or her lawful release from confinement or 15 supervision; prohibiting the Department of Business 16 and Professional Regulation from imposing additional 17 fees on certain applicants; prohibiting certain boards 18 and entities from basing a denial of a license 19 application solely on the applicant’s current 20 confinement or supervision; authorizing certain boards 21 and entities to stay the issuance of an approved 22 license under certain circumstances; requiring certain 23 boards and entities to verify an applicant’s release 24 with the Department of Corrections; providing 25 requirements for the appearance of certain applicants 26 at certain meetings; requiring certain boards and 27 entities to compile, publish, and update lists that 28 specify how certain crimes affect an applicant’s 29 eligibility for licensure; amending s. 464.203, F.S.; 30 prohibiting the conviction, plea, adjudication, or 31 sentencing of a crime before a specified date from 32 being used as grounds for the denial of certain 33 certifications; providing that conviction of a crime 34 which does not fall within a specified timeframe is 35 not grounds for the failure of a background screening; 36 authorizing a person to apply for certification before 37 his or her lawful release from confinement or 38 supervision; prohibiting the Department of Health from 39 imposing additional fees on certain applicants; 40 prohibiting the Board of Nursing from basing the 41 denial of a certification solely on the applicant’s 42 current confinement or supervision; authorizing the 43 board to stay the issuance of an approved certificate 44 under certain circumstances; requiring the board to 45 verify an applicant’s release with the Department of 46 Corrections; providing requirements for the appearance 47 of certain applicants at certain meetings; requiring 48 the board to compile and update lists that specify how 49 certain crimes affect an applicant’s eligibility for 50 certification; amending s. 400.211, F.S.; conforming a 51 cross-reference; providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Present subsections (3) through (12) of section 56 455.213, Florida Statutes, are redesignated as subsections (4) 57 through (13), respectively, subsection (2) of that section is 58 amended, and a new subsection (3) is added to that section, to 59 read: 60 455.213 General licensing provisions.— 61 (2) Before the issuance of any license, the department may 62 charge an initial license fee as determined by rule of the 63 applicable board or, if no such board exists, by rule of the 64 department. Upon receipt of the appropriate license fee, except 65 as provided in subsection (4)(3), the department shall issue a 66 license to any person certified by the appropriate board, or its 67 designee, or the department when there is no board, as having 68 met the applicable requirements imposed by law or rule. However, 69 an applicant who is not otherwise qualified for licensure is not 70 entitled to licensure solely based on a passing score on a 71 required examination. Upon a determination by the department 72 that it erroneously issued a license, or upon the revocation of 73 a license by the applicable board, or by the department when 74 there is no board, the licensee must surrender his or her 75 license to the department. 76 (3)(a) Notwithstanding any other provision of law, the 77 applicable board shall use the process established in this 78 subsection for review of an applicant’s criminal record to 79 determine his or her eligibility for licensure as: 80 1. A barber under chapter 476; 81 2. A cosmetologist or cosmetology specialist under chapter 82 477; or 83 3. Any of the following construction professionals under 84 chapter 489: 85 a. Air-conditioning contractor; 86 b. Commercial pool/spa contractor; 87 c. Electrical contractor; 88 d. Mechanical contractor; 89 e. Plumbing contractor; 90 f. Pollutant storage systems contractor; 91 g. Residential swimming pool/spa contractor; 92 h. Roofing contractor; 93 i. Septic tank contractor; 94 j. Sheet metal contractor; 95 k. Solar contractor; 96 l. Swimming pool/spa servicing contractor; 97 m. Underground utility and excavation contractor; and 98 n. Specialty contractor. 99 (b) The criminal history of an applicant for licensure in a 100 profession specified in paragraph (a) may not be used as grounds 101 for denial of the license if the date of conviction, plea, or 102 adjudication, or the date of sentencing is more than 3 years 103 before the date of application. 104 (c)1. A person may apply for a license before his or her 105 lawful release from confinement or supervision. The department 106 may not charge such an applicant an additional fee related to 107 such confinement or supervision. The applicable board may not 108 deny an application for a license solely on the basis of the 109 applicant’s current confinement or supervision. 110 2. After a license application is approved, the applicable 111 board may stay the issuance of a license until the applicant is 112 lawfully released from confinement or supervision and the 113 applicant notifies the board of such release. The applicable 114 board shall verify the applicant’s release with the Department 115 of Corrections before it issues a license. 116 3. If an applicant is unable to appear in person due to his 117 or her confinement or supervision, the applicable board must 118 allow the applicant to appear by teleconference or video 119 conference, as appropriate, at any meeting of the board or other 120 hearing by the department concerning his or her application. 121 4. If an applicant is confined or under supervision, the 122 Department of Corrections and the applicable board shall 123 cooperate and coordinate to facilitate the appearance of the 124 applicant at a board meeting or department hearing in person, by 125 teleconference, or by video conference, as appropriate. 126 (d) By October 1, 2019, each applicable board shall compile 127 and post on the department’s website a list of crimes that, if 128 committed and regardless of adjudication, do not relate to the 129 practice of the profession or the ability to practice the 130 profession and do not constitute grounds for denial of a 131 license. This list must be updated annually by each applicable 132 board. In addition, as of that date, each such board shall begin 133 to compile separate lists of such crimes that, when reported by 134 an applicant for licensure, were and were not used as a basis 135 for denial in the past 2 years. The lists, which must be 136 available on the department’s website and updated at least 137 quarterly by the applicable board, must identify for each such 138 approval or denial of license the crime reported and the date of 139 conviction, plea, adjudication, or sentencing. 140 Section 2. Present subsections (2) through (8) of section 141 464.203, Florida Statutes, are redesignated as subsections (3) 142 through (9), respectively, and a new subsection (2) is added to 143 that section, to read: 144 464.203 Certified nursing assistants; certification 145 requirement.— 146 (2)(a)1. Except as provided in ss. 408.809, 435.04, and 147 456.0635, the criminal history of an applicant may not be used 148 as grounds for denial of a certificate to practice as a 149 certified nursing assistant if the date of conviction, plea, 150 adjudication, or sentencing is more than 3 years before the date 151 of the application. 152 2. Except as provided in ss. 408.809, 435.07(4), and 153 456.0635, the criminal history of an applicant may not be used 154 as grounds for failure of a required background screening if the 155 date of conviction, plea, adjudication, or sentencing is more 156 than 3 years before the date of the application. 157 (b)1. A person may apply for a certificate to practice as a 158 certified nursing assistant before his or her lawful release 159 from confinement or supervision. The department may not charge 160 such an applicant an additional fee related to such confinement 161 or supervision. The board may not deny an application for a 162 certificate solely on the basis of the person’s current 163 confinement or supervision. 164 2. After a certification application is approved, the board 165 may stay the issuance of a certificate until the applicant is 166 lawfully released from confinement or supervision and until the 167 applicant notifies the board of such release. The board must 168 verify the applicant’s release with the Department of 169 Corrections before it issues a certificate. 170 3. If an applicant is unable to appear in person due to his 171 or her confinement or supervision, the board must allow the 172 applicant to appear by teleconference or video conference, as 173 appropriate, at any meeting of the board or other hearing by the 174 department concerning his or her application. 175 4. If an applicant is confined or under supervision, the 176 Department of Corrections and the board shall cooperate and 177 coordinate to facilitate the appearance of the applicant at a 178 board meeting or department hearing in person, by 179 teleconference, or by video conference, as appropriate. 180 (c) By October 1, 2019, the board shall compile and post on 181 the department’s website a list of crimes that, if committed and 182 regardless of adjudication, do not relate to the practice of the 183 profession or the ability to practice the profession and do not 184 constitute grounds for denial of a certificate. This list must 185 be updated annually by the board. In addition, as of that date, 186 the board shall begin to compile separate lists of such crimes 187 that, when reported by an applicant for licensure, were and were 188 not used as a basis for denial in the past 2 years. The lists, 189 which must be available on the department’s website and updated 190 at least quarterly by the board, must identify for each such 191 approval or denial of license the crime reported and the date of 192 conviction, plea, adjudication, or sentencing. 193 Section 3. Subsection (4) of section 400.211, Florida 194 Statutes, is amended to read: 195 400.211 Persons employed as nursing assistants; 196 certification requirement.— 197 (4) When employed by a nursing home facility for a 12-month 198 period or longer, a nursing assistant, to maintain 199 certification, shall submit to a performance review every 12 200 months and must receive regular inservice education based on the 201 outcome of such reviews. The inservice training must meet all of 202 the following requirements: 203 (a) Be sufficient to ensure the continuing competence of 204 nursing assistants and must meet the standard specified in s. 205 464.203(8).s. 464.203(7);206 (b) Include, at a minimum: 207 1. Techniques for assisting with eating and proper feeding; 208 2. Principles of adequate nutrition and hydration; 209 3. Techniques for assisting and responding to the 210 cognitively impaired resident or the resident with difficult 211 behaviors; 212 4. Techniques for caring for the resident at the end-of 213 life; and 214 5. Recognizing changes that place a resident at risk for 215 pressure ulcers and falls.; and216 (c) Address areas of weakness as determined in nursing 217 assistant performance reviews and may address the special needs 218 of residents as determined by the nursing home facility staff. 219 220 Costs associated with this training may not be reimbursed from 221 additional Medicaid funding through interim rate adjustments. 222 Section 4. This act shall take effect October 1, 2019.