Bill Text: FL S1008 | 2024 | Regular Session | Comm Sub
Bill Title: Background Screening Requirements
Spectrum:
Status: (Failed) 2024-03-08 - Died in Fiscal Policy [S1008 Detail]
Download: Florida-2024-S1008-Comm_Sub.html
Florida Senate - 2024 CS for SB 1008
By the Appropriations Committee on Health and Human Services;
and Senators Grall and Book
603-03304-24 20241008c1
1 A bill to be entitled
2 An act relating to background screening requirements;
3 amending s. 435.04, F.S.; specifying additional
4 disqualifying offenses under the background screening
5 requirements for certain persons; amending s.
6 456.0135, F.S.; expanding certain background screening
7 requirements to apply to all health care
8 practitioners, rather than specified practitioners;
9 requiring health care practitioners licensed before a
10 specified date to comply with the background screening
11 requirements by their next licensure renewal beginning
12 after a specified date; prohibiting the Department of
13 Health, beginning on a specified date, from renewing
14 the license of a health care practitioner until he or
15 she complies with the background screening
16 requirements; amending ss. 457.105, 463.006, 465.007,
17 465.0075, 465.013, 465.014, 466.006, 466.0067,
18 466.007, 467.011, 468.1185, 468.1215, 468.1695,
19 468.209, 468.213, 468.355, 468.358, 468.509, 468.513,
20 468.803, 478.45, 483.815, 483.901, 483.914, 484.007,
21 484.045, 486.031, 486.102, 490.005, 490.0051, 490.006,
22 491.0045, 491.0046, 491.005, and 491.006, F.S.;
23 revising licensure, registration, or certification
24 requirements, as applicable, for acupuncturists;
25 optometrists; pharmacists; pharmacist licenses by
26 endorsement; registered pharmacy interns; pharmacy
27 technicians; dentists; health access dental licenses;
28 dental hygienists; midwives; speech-language
29 pathologists and audiologists; speech-language
30 pathology assistants and audiology assistants; nursing
31 home administrators; occupational therapists and
32 occupational therapy assistants; occupational
33 therapist and occupational therapy assistant licenses
34 by endorsement; respiratory therapists; respiratory
35 therapist licenses by endorsement;
36 dietitian/nutritionists; dietitian/nutritionist
37 licenses by endorsement; practitioners of orthotics,
38 prosthetics, or pedorthics; electrologists; clinical
39 laboratory personnel; medical physicists; genetic
40 counselors; opticians; hearing aid specialists;
41 physical therapists; physical therapist assistants;
42 psychologists and school psychologists; provisional
43 licenses for psychologists; psychologist and school
44 psychologist licenses by endorsement; intern
45 registrations for clinical social work, marriage and
46 family therapy, and mental health counseling;
47 provisional licenses for clinical social workers,
48 marriage and family therapists, and mental health
49 counselors; clinical social workers, marriage and
50 family therapists, and mental health counselors; and
51 clinical social worker, marriage and family therapist,
52 and mental health counselor licenses by endorsement,
53 respectively, to include background screening
54 requirements; making conforming and technical changes;
55 amending ss. 486.025, 486.0715, 486.1065, and 491.003,
56 F.S.; conforming cross-references; providing an
57 effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Subsection (2) of section 435.04, Florida
62 Statutes, as amended by section 2 of chapter 2023-220, Laws of
63 Florida, is amended to read:
64 435.04 Level 2 screening standards.—
65 (2) The security background investigations under this
66 section must ensure that persons subject to this section have
67 not been arrested for and are not awaiting final disposition of,
68 have not been found guilty of, regardless of adjudication, or
69 entered a plea of nolo contendere or guilty to, or have not been
70 adjudicated delinquent and the record has not been sealed or
71 expunged for, any offense prohibited under any of the following
72 provisions of state law or similar law of another jurisdiction:
73 (a) Section 39.205, relating to the failure to report child
74 abuse, abandonment, or neglect.
75 (b) Section 393.135, relating to sexual misconduct with
76 certain developmentally disabled clients and reporting of such
77 sexual misconduct.
78 (c)(b) Section 394.4593, relating to sexual misconduct with
79 certain mental health patients and reporting of such sexual
80 misconduct.
81 (d) Section 414.39, relating to fraud, if the offense was a
82 felony.
83 (e)(c) Section 415.111, relating to adult abuse, neglect,
84 or exploitation of aged persons or disabled adults.
85 (f)(d) Section 777.04, relating to attempts, solicitation,
86 and conspiracy to commit an offense listed in this subsection.
87 (g)(e) Section 782.04, relating to murder.
88 (h)(f) Section 782.07, relating to manslaughter, aggravated
89 manslaughter of an elderly person or disabled adult, or
90 aggravated manslaughter of a child.
91 (i)(g) Section 782.071, relating to vehicular homicide.
92 (j)(h) Section 782.09, relating to killing of an unborn
93 child by injury to the mother.
94 (k)(i) Chapter 784, relating to assault, battery, and
95 culpable negligence, if the offense was a felony.
96 (l)(j) Section 784.011, relating to assault, if the victim
97 of the offense was a minor.
98 (m)(k) Section 784.021, relating to aggravated assault.
99 (n)(l) Section 784.03, relating to battery, if the victim
100 of the offense was a minor.
101 (o)(m) Section 784.045, relating to aggravated battery.
102 (p)(n) Section 784.075, relating to battery on staff of a
103 detention or commitment facility or on a juvenile probation
104 officer.
105 (q)(o) Section 787.01, relating to kidnapping.
106 (r)(p) Section 787.02, relating to false imprisonment.
107 (s)(q) Section 787.025, relating to luring or enticing a
108 child.
109 (t)(r) Section 787.04(2), relating to taking, enticing, or
110 removing a child beyond the state limits with criminal intent
111 pending custody proceedings.
112 (u)(s) Section 787.04(3), relating to carrying a child
113 beyond the state lines with criminal intent to avoid producing a
114 child at a custody hearing or delivering the child to the
115 designated person.
116 (v) Section 787.06, relating to human trafficking.
117 (w) Section 787.07, relating to human smuggling.
118 (x)(t) Section 790.115(1), relating to exhibiting firearms
119 or weapons within 1,000 feet of a school.
120 (y)(u) Section 790.115(2)(b), relating to possessing an
121 electric weapon or device, destructive device, or other weapon
122 on school property.
123 (z)(v) Section 794.011, relating to sexual battery.
124 (aa)(w) Former s. 794.041, relating to prohibited acts of
125 persons in familial or custodial authority.
126 (bb)(x) Section 794.05, relating to unlawful sexual
127 activity with certain minors.
128 (cc)(y) Section 794.08, relating to female genital
129 mutilation.
130 (dd)(z) Chapter 796, relating to prostitution.
131 (ee)(aa) Section 798.02, relating to lewd and lascivious
132 behavior.
133 (ff)(bb) Chapter 800, relating to lewdness and indecent
134 exposure and offenses against students by authority figures.
135 (gg)(cc) Section 806.01, relating to arson.
136 (hh)(dd) Section 810.02, relating to burglary.
137 (ii)(ee) Section 810.14, relating to voyeurism, if the
138 offense is a felony.
139 (jj)(ff) Section 810.145, relating to video voyeurism, if
140 the offense is a felony.
141 (kk)(gg) Chapter 812, relating to theft, robbery, and
142 related crimes, if the offense is a felony.
143 (ll)(hh) Section 817.563, relating to fraudulent sale of
144 controlled substances, only if the offense was a felony.
145 (mm)(ii) Section 825.102, relating to abuse, aggravated
146 abuse, or neglect of an elderly person or disabled adult.
147 (nn)(jj) Section 825.1025, relating to lewd or lascivious
148 offenses committed upon or in the presence of an elderly person
149 or disabled adult.
150 (oo)(kk) Section 825.103, relating to exploitation of an
151 elderly person or disabled adult, if the offense was a felony.
152 (pp)(ll) Section 826.04, relating to incest.
153 (qq)(mm) Section 827.03, relating to child abuse,
154 aggravated child abuse, or neglect of a child.
155 (rr)(nn) Section 827.04, relating to contributing to the
156 delinquency or dependency of a child.
157 (ss)(oo) Former s. 827.05, relating to negligent treatment
158 of children.
159 (tt)(pp) Section 827.071, relating to sexual performance by
160 a child.
161 (uu) Section 831.311, relating to the unlawful sale,
162 manufacture, alteration, delivery, uttering, or possession of
163 counterfeit-resistant prescription blanks for controlled
164 substances.
165 (vv) Section 836.10, relating to written or electronic
166 threats to kill, do bodily injury, or conduct a mass shooting or
167 an act of terrorism.
168 (ww)(qq) Section 843.01, relating to resisting arrest with
169 violence.
170 (xx)(rr) Section 843.025, relating to depriving a law
171 enforcement, correctional, or correctional probation officer
172 means of protection or communication.
173 (yy)(ss) Section 843.12, relating to aiding in an escape.
174 (zz)(tt) Section 843.13, relating to aiding in the escape
175 of juvenile inmates in correctional institutions.
176 (aaa)(uu) Chapter 847, relating to obscene literature.
177 (bbb) Section 859.01, relating to poisoning food or water.
178 (ccc) Section 873.01, relating to the prohibition on the
179 purchase or sale of human organs and tissue.
180 (ddd)(vv) Section 874.05, relating to encouraging or
181 recruiting another to join a criminal gang.
182 (eee)(ww) Chapter 893, relating to drug abuse prevention
183 and control, only if the offense was a felony or if any other
184 person involved in the offense was a minor.
185 (fff)(xx) Section 916.1075, relating to sexual misconduct
186 with certain forensic clients and reporting of such sexual
187 misconduct.
188 (ggg)(yy) Section 944.35(3), relating to inflicting cruel
189 or inhuman treatment on an inmate resulting in great bodily
190 harm.
191 (hhh)(zz) Section 944.40, relating to escape.
192 (iii)(aaa) Section 944.46, relating to harboring,
193 concealing, or aiding an escaped prisoner.
194 (jjj)(bbb) Section 944.47, relating to introduction of
195 contraband into a correctional facility.
196 (kkk)(ccc) Section 985.701, relating to sexual misconduct
197 in juvenile justice programs.
198 (lll)(ddd) Section 985.711, relating to contraband
199 introduced into detention facilities.
200 Section 2. Subsection (1) of section 456.0135, Florida
201 Statutes, is amended to read:
202 456.0135 General background screening provisions.—
203 (1) An application for initial licensure received on or
204 after January 1, 2013, under chapter 458, chapter 459, chapter
205 460, chapter 461, chapter 462, chapter 463, chapter 464, chapter
206 465 s. 465.022, chapter 466, chapter 467, part I, part II, part
207 III, part V, part X, part XIII, or part XIV of chapter 468,
208 chapter 478, or chapter 480, chapter 483, chapter 484, chapter
209 486, chapter 490, or chapter 491 must shall include fingerprints
210 pursuant to procedures established by the department through a
211 vendor approved by the Department of Law Enforcement and fees
212 imposed for the initial screening and retention of fingerprints.
213 Fingerprints must be submitted electronically to the Department
214 of Law Enforcement for state processing, and the Department of
215 Law Enforcement shall forward the fingerprints to the Federal
216 Bureau of Investigation for national processing. Each board, or
217 the department if there is no board, must shall screen the
218 results to determine whether if an applicant meets licensure
219 requirements. For any subsequent renewal of the applicant’s
220 license which that requires a national criminal history check,
221 the department shall request the Department of Law Enforcement
222 to forward the retained fingerprints of the applicant to the
223 Federal Bureau of Investigation unless the fingerprints are
224 enrolled in the national retained print arrest notification
225 program.
226 Section 3. Health care practitioners as defined in s.
227 456.001, Florida Statutes, who were licensed before July 1,
228 2024, must comply with the background screening requirements of
229 s. 456.0135, Florida Statutes, upon their next licensure renewal
230 that takes place after January 1, 2025. Beginning January 1,
231 2025, the Department of Health may not renew the license of a
232 health care practitioner until he or she complies with the
233 background screening requirements of s. 456.0135, Florida
234 Statutes.
235 Section 4. Subsection (2) of section 457.105, Florida
236 Statutes, is amended to read:
237 457.105 Licensure qualifications and fees.—
238 (2) A person may become licensed to practice acupuncture if
239 the person applies to the department and meets all of the
240 following criteria:
241 (a) Is 21 years of age or older, has good moral character,
242 and has the ability to communicate in English, which is
243 demonstrated by having passed the national written examination
244 in English or, if such examination was passed in a foreign
245 language, by also having passed a nationally recognized English
246 proficiency examination.;
247 (b) Has completed 60 college credits from an accredited
248 postsecondary institution as a prerequisite to enrollment in an
249 authorized 3-year course of study in acupuncture and oriental
250 medicine, and has completed a 3-year course of study in
251 acupuncture and oriental medicine, and effective July 31, 2001,
252 a 4-year course of study in acupuncture and oriental medicine,
253 which meets standards established by the board by rule, which
254 standards include, but are not limited to, successful completion
255 of academic courses in western anatomy, western physiology,
256 western pathology, western biomedical terminology, first aid,
257 and cardiopulmonary resuscitation (CPR). However, any person who
258 enrolled in an authorized course of study in acupuncture before
259 August 1, 1997, must have completed only a 2-year course of
260 study which meets standards established by the board by rule,
261 which standards must include, but are not limited to, successful
262 completion of academic courses in western anatomy, western
263 physiology, and western pathology.;
264 (c) Has successfully completed a board-approved national
265 certification process, is actively licensed in a state that has
266 examination requirements that are substantially equivalent to or
267 more stringent than those of this state, or passes an
268 examination administered by the department, which examination
269 tests the applicant’s competency and knowledge of the practice
270 of acupuncture and oriental medicine. At the request of any
271 applicant, oriental nomenclature for the points must shall be
272 used in the examination. The examination must shall include a
273 practical examination of the knowledge and skills required to
274 practice modern and traditional acupuncture and oriental
275 medicine, covering diagnostic and treatment techniques and
276 procedures.; and
277 (d) Pays the required fees set by the board by rule not to
278 exceed the following amounts:
279 1. Examination fee: $500 plus the actual per applicant cost
280 to the department for purchase of the written and practical
281 portions of the examination from a national organization
282 approved by the board.
283 2. Application fee: $300.
284 3. Reexamination fee: $500 plus the actual per applicant
285 cost to the department for purchase of the written and practical
286 portions of the examination from a national organization
287 approved by the board.
288 4. Initial biennial licensure fee: $400, if licensed in the
289 first half of the biennium, and $200, if licensed in the second
290 half of the biennium.
291 (e) Submits to background screening in accordance with s.
292 456.0135.
293 Section 5. Subsection (1) of section 463.006, Florida
294 Statutes, is amended to read:
295 463.006 Licensure and certification by examination.—
296 (1) Any person desiring to be a licensed practitioner under
297 pursuant to this chapter must apply to the department, submit to
298 background screening in accordance with s. 456.0135, and must
299 submit proof to the department that she or he meets all of the
300 following criteria:
301 (a) Has completed the application forms as required by the
302 board, remitted an application fee for certification not to
303 exceed $250, remitted an examination fee for certification not
304 to exceed $250, and remitted an examination fee for licensure
305 not to exceed $325, all as set by the board.
306 (b) Is at least 18 years of age.
307 (c) Has graduated from an accredited school or college of
308 optometry approved by rule of the board.
309 (d) Is of good moral character.
310 (e) Has successfully completed at least 110 hours of
311 transcript-quality coursework and clinical training in general
312 and ocular pharmacology as determined by the board, at an
313 institution that:
314 1. Has facilities for both didactic and clinical
315 instructions in pharmacology; and
316 2. Is accredited by a regional or professional accrediting
317 organization that is recognized and approved by the Commission
318 on Recognition of Postsecondary Accreditation or the United
319 States Department of Education.
320 (f) Has completed at least 1 year of supervised experience
321 in differential diagnosis of eye disease or disorders as part of
322 the optometric training or in a clinical setting as part of the
323 optometric experience.
324 Section 6. Subsection (1) of section 465.007, Florida
325 Statutes, is amended to read:
326 465.007 Licensure by examination.—
327 (1) Any person desiring to be licensed as a pharmacist
328 shall apply to the department to take the licensure examination.
329 The department shall examine each applicant who the board
330 certifies has met all of the following criteria:
331 (a) Completed the application form and remitted an
332 examination fee set by the board not to exceed $100 plus the
333 actual per applicant cost to the department for purchase of
334 portions of the examination from the National Association of
335 Boards of Pharmacy or a similar national organization. The fees
336 authorized under this section shall be established in sufficient
337 amounts to cover administrative costs.
338 (b) Submitted to background screening in accordance with s.
339 456.0135.
340 (c) Submitted satisfactory proof that she or he is not less
341 than 18 years of age and:
342 1. Is a recipient of a degree from a school or college of
343 pharmacy accredited by an accrediting agency recognized and
344 approved by the United States Office of Education; or
345 2. Is a graduate of a 4-year undergraduate pharmacy program
346 of a school or college of pharmacy located outside the United
347 States, has demonstrated proficiency in English by passing both
348 the Test of English as a Foreign Language (TOEFL) and the Test
349 of Spoken English (TSE), has passed the Foreign Pharmacy
350 Graduate Equivalency Examination that is approved by rule of the
351 board, and has completed a minimum of 500 hours in a supervised
352 work activity program within this state under the supervision of
353 a pharmacist licensed by the department, which program is
354 approved by the board.
355 (d)(c) Submitted satisfactory proof that she or he has
356 completed an internship program approved by the board. No such
357 board-approved program shall exceed 2,080 hours, all of which
358 may be obtained prior to graduation.
359 Section 7. Subsection (1) of section 465.0075, Florida
360 Statutes, is amended to read:
361 465.0075 Licensure by endorsement; requirements; fee.—
362 (1) The department shall issue a license by endorsement to
363 any applicant who applies to the department and remits a
364 nonrefundable fee of not more than $100, as set by the board,
365 and who whom the board certifies has met all of the following
366 criteria:
367 (a) Has Met the qualifications for licensure in s.
368 465.007(1)(b), and (c), and (d).;
369 (b) Has Obtained a passing score, as established by rule of
370 the board, on the licensure examination of the National
371 Association of Boards of Pharmacy or a similar nationally
372 recognized examination, if the board certifies that the
373 applicant has taken the required examination.;
374 (c)1. Has Submitted evidence of the active licensed
375 practice of pharmacy, including practice in community or public
376 health by persons employed by a governmental entity, in another
377 jurisdiction for at least 2 of the immediately preceding 5 years
378 or evidence of successful completion of board-approved
379 postgraduate training or a board-approved clinical competency
380 examination within the year immediately preceding application
381 for licensure; or
382 2. Has Completed an internship meeting the requirements of
383 s. 465.007(1)(d) s. 465.007(1)(c) within the 2 years immediately
384 preceding application.; and
385 (d) Has Obtained a passing score on the pharmacy
386 jurisprudence portions of the licensure examination, as required
387 by board rule.
388 Section 8. Section 465.013, Florida Statutes, is amended to
389 read:
390 465.013 Registration of pharmacy interns.—The department
391 shall register as pharmacy interns persons certified by the
392 board as being enrolled in an intern program at an accredited
393 school or college of pharmacy or who are graduates of accredited
394 schools or colleges of pharmacy and are not yet licensed in the
395 state. Applicants for registration must submit to background
396 screening in accordance with s. 456.0135. The board may refuse
397 to certify to the department or may revoke the registration of
398 any intern for good cause, including grounds enumerated in this
399 chapter for revocation of pharmacists’ licenses.
400 Section 9. Subsection (2) of section 465.014, Florida
401 Statutes, is amended to read:
402 465.014 Pharmacy technician.—
403 (2) Any person who wishes to work as a pharmacy technician
404 in this state must register by filing an application with the
405 board on a form adopted by rule of the board and submit to
406 background screening in accordance with s. 456.0135. The board
407 shall register each applicant who has remitted a registration
408 fee set by the board, not to exceed $50 biennially; has
409 completed the application form and remitted a nonrefundable
410 application fee set by the board, not to exceed $50; has
411 submitted to background screening; is at least 17 years of age;
412 and has completed a pharmacy technician training program
413 approved by the Board of Pharmacy. Notwithstanding any
414 requirements in this subsection, any registered pharmacy
415 technician registered pursuant to this section before January 1,
416 2011, who has worked as a pharmacy technician for a minimum of
417 1,500 hours under the supervision of a licensed pharmacist or
418 received certification as a pharmacy technician by certification
419 program accredited by the National Commission for Certifying
420 Agencies is exempt from the requirement to complete an initial
421 training program for purposes of registration as required by
422 this subsection.
423 Section 10. Paragraph (b) of subsection (1) of section
424 466.006, Florida Statutes, is amended to read:
425 466.006 Examination of dentists.—
426 (1)
427 (b)1. Any person desiring to be licensed as a dentist shall
428 apply to the department to take the licensure examinations and
429 shall verify the information required on the application by
430 oath. The application must shall include two recent photographs.
431 There shall be an application fee set by the board not to exceed
432 $100 which shall be nonrefundable and. There shall also be an
433 examination fee set by the board, which shall not to exceed $425
434 plus the actual per applicant cost to the department for
435 purchase of some or all of the examination from the American
436 Board of Dental Examiners or its successor entity, if any,
437 provided the board finds the successor entity’s clinical
438 examination complies with the provisions of this section. The
439 examination fee may be refunded refundable if the applicant is
440 found ineligible to take the examinations.
441 2. Applicants for licensure must also submit to background
442 screening in accordance with s. 456.0135.
443 Section 11. Section 466.0067, Florida Statutes, is amended
444 to read:
445 466.0067 Application for health access dental license.—The
446 Legislature finds that there is an important state interest in
447 attracting dentists to practice in underserved health access
448 settings in this state and further, that allowing out-of-state
449 dentists who meet certain criteria to practice in health access
450 settings without the supervision of a dentist licensed in this
451 state is substantially related to achieving this important state
452 interest. Therefore, notwithstanding the requirements of s.
453 466.006, the board shall grant a health access dental license to
454 practice dentistry in this state in health access settings as
455 defined in s. 466.003 to an applicant who meets all of the
456 following criteria:
457 (1) Files an appropriate application approved by the
458 board.;
459 (2) Pays an application license fee for a health access
460 dental license, laws-and-rule exam fee, and an initial licensure
461 fee. The fees specified in this subsection may not differ from
462 an applicant seeking licensure pursuant to s. 466.006.;
463 (3) Has submitted to background screening in accordance
464 with s. 456.0135 and has not been convicted of or pled nolo
465 contendere to, regardless of adjudication, any felony or
466 misdemeanor related to the practice of a health care
467 profession.;
468 (4) Submits proof of graduation from a dental school
469 accredited by the Commission on Dental Accreditation of the
470 American Dental Association or its successor agency.;
471 (5) Submits documentation that she or he has completed, or
472 will obtain before licensure, continuing education equivalent to
473 this state’s requirement for dentists licensed under s. 466.006
474 for the last full reporting biennium before applying for a
475 health access dental license.;
476 (6) Submits proof of her or his successful completion of
477 parts I and II of the dental examination by the National Board
478 of Dental Examiners and a state or regional clinical dental
479 licensing examination that the board has determined effectively
480 measures the applicant’s ability to practice safely.;
481 (7) Currently holds a valid, active dental license in good
482 standing which has not been revoked, suspended, restricted, or
483 otherwise disciplined from another of the United States, the
484 District of Columbia, or a United States territory.;
485 (8) Has never had a license revoked from another of the
486 United States, the District of Columbia, or a United States
487 territory.;
488 (9) Has never failed the examination specified in s.
489 466.006, unless the applicant was reexamined pursuant to s.
490 466.006 and received a license to practice dentistry in this
491 state.;
492 (10) Has not been reported to the National Practitioner
493 Data Bank, unless the applicant successfully appealed to have
494 his or her name removed from the data bank.;
495 (11) Submits proof that he or she has been engaged in the
496 active, clinical practice of dentistry providing direct patient
497 care for 5 years immediately preceding the date of application,
498 or in instances when the applicant has graduated from an
499 accredited dental school within the preceding 5 years, submits
500 proof of continuous clinical practice providing direct patient
501 care since graduation.; and
502 (12) Has passed an examination covering the laws and rules
503 of the practice of dentistry in this state as described in s.
504 466.006(4)(a).
505 Section 12. Subsection (1) of section 466.007, Florida
506 Statutes, is amended to read:
507 466.007 Examination of dental hygienists.—
508 (1)1. Any person desiring to be licensed as a dental
509 hygienist shall apply to the department to take the licensure
510 examinations and shall verify the information required on the
511 application by oath. The application must shall include two
512 recent photographs of the applicant. There shall be a
513 nonrefundable application fee set by the board not to exceed
514 $100 and an examination fee set by the board which shall not to
515 exceed be more than $225. The examination fee may be refunded if
516 the applicant is found ineligible to take the examinations.
517 2. Applicants for licensure must also submit to background
518 screening in accordance with s. 456.0135.
519 Section 13. Subsection (5) is added to section 467.011,
520 Florida Statutes, to read:
521 467.011 Licensed midwives; qualifications; examination.—The
522 department shall issue a license to practice midwifery to an
523 applicant who meets all of the following criteria:
524 (5) Submits to background screening in accordance with s.
525 456.0135.
526 Section 14. Subsections (2) and (3) of section 468.1185,
527 Florida Statutes, are amended to read:
528 468.1185 Licensure.—
529 (2) The board shall certify for licensure any applicant who
530 has met all of the following criteria:
531 (a) Satisfied the education and supervised clinical
532 requirements of s. 468.1155.
533 (b) Satisfied the professional experience requirement of s.
534 468.1165.
535 (c) Passed the licensure examination required by s.
536 468.1175.
537 (d) For an applicant for an audiologist license who has
538 obtained a doctoral degree in audiology, has satisfied the
539 education and supervised clinical requirements of paragraph (a)
540 and the professional experience requirements of paragraph (b).
541 (e) Submitted to background screening in accordance with s.
542 456.0135.
543 (3) The board shall certify as qualified for a license by
544 endorsement as a speech-language pathologist or audiologist an
545 applicant who:
546 (a) Holds a valid license or certificate in another state
547 or territory of the United States to practice the profession for
548 which the application for licensure is made, if the criteria for
549 issuance of such license were substantially equivalent to or
550 more stringent than the licensure criteria which existed in this
551 state at the time the license was issued; or
552 (b) Holds a valid certificate of clinical competence of the
553 American Speech-Language and Hearing Association or board
554 certification in audiology from the American Board of Audiology;
555 and
556 (c) Submits to background screening in accordance with s.
557 456.0135.
558 Section 15. Subsections (1) and (2) of section 468.1215,
559 Florida Statutes, are amended to read:
560 468.1215 Speech-language pathology assistant and audiology
561 assistant; certification.—
562 (1) The department shall issue a certificate as a speech
563 language pathology assistant to each applicant who the board
564 certifies has met all of the following criteria:
565 (a) Completed the application form and remitted the
566 required fees, including a nonrefundable application fee.
567 (b) Submitted to background screening in accordance with s.
568 456.0135.
569 (c) Earned a bachelor’s degree from a college or university
570 accredited by a regional association of colleges and schools
571 recognized by the Department of Education which includes at
572 least 24 semester hours of coursework as approved by the board
573 at an institution accredited by an accrediting agency recognized
574 by the Council for Higher Education Accreditation.
575 (2) The department shall issue a certificate as an
576 audiology assistant to each applicant who the board certifies
577 has met all of the following criteria:
578 (a) Completed the application form and remitted the
579 required fees, including a nonrefundable application fee.
580 (b) Submitted to background screening in accordance with s.
581 456.0135.
582 (c) Earned a high school diploma or its equivalent.
583 Section 16. Present subsections (2), (3), and (4) of
584 section 468.1695, Florida Statutes, are redesignated as
585 subsections (3), (4), and (5), respectively, a new subsection
586 (2) is added to that section, and present subsection (2) of that
587 section is amended, to read:
588 468.1695 Licensure by examination.—
589 (2) Applicants for licensure must also submit to background
590 screening in accordance with s. 456.0135.
591 (3)(2) The department shall examine each applicant who the
592 board certifies has completed the application form, submitted to
593 background screening, and remitted an examination fee set by the
594 board not to exceed $250 and who:
595 (a)1. Holds a baccalaureate degree from an accredited
596 college or university and majored in health care administration,
597 health services administration, or an equivalent major, or has
598 credit for at least 60 semester hours in subjects, as prescribed
599 by rule of the board, which prepare the applicant for total
600 management of a nursing home; and
601 2. Has fulfilled the requirements of a college-affiliated
602 or university-affiliated internship in nursing home
603 administration or of a 1,000-hour nursing home administrator-in
604 training program prescribed by the board; or
605 (b)1. Holds a baccalaureate degree from an accredited
606 college or university; and
607 2.a. Has fulfilled the requirements of a 2,000-hour nursing
608 home administrator-in-training program prescribed by the board;
609 or
610 b. Has 1 year of management experience allowing for the
611 application of executive duties and skills, including the
612 staffing, budgeting, and directing of resident care, dietary,
613 and bookkeeping departments within a skilled nursing facility,
614 hospital, hospice, assisted living facility with a minimum of 60
615 licensed beds, or geriatric residential treatment program and,
616 if such experience is not in a skilled nursing facility, has
617 fulfilled the requirements of a 1,000-hour nursing home
618 administrator-in-training program prescribed by the board.
619 Section 17. Subsections (1) and (2) of section 468.209,
620 Florida Statutes, are amended to read:
621 468.209 Requirements for licensure.—
622 (1) An applicant applying for a license as an occupational
623 therapist or as an occupational therapy assistant shall apply to
624 the department on forms furnished by the department. The
625 department shall license each applicant who the board certifies
626 meets all of the following criteria:
627 (a) Has completed the file a written application form and
628 remitted, accompanied by the application for licensure fee
629 prescribed in s. 468.221.
630 (b) Has submitted to background screening in accordance
631 with s. 456.0135., on forms provided by the department, showing
632 to the satisfaction of the board that she or he:
633 (c)(a) Is of good moral character.
634 (d)(b) Has successfully completed the academic requirements
635 of an educational program in occupational therapy recognized by
636 the board, with concentration in biologic or physical science,
637 psychology, and sociology, and with education in selected manual
638 skills. Such a program shall be accredited by the American
639 Occupational Therapy Association’s Accreditation Council for
640 Occupational Therapy Education, or its successor.
641 (e)(c) Has successfully completed a period of supervised
642 fieldwork experience at a recognized educational institution or
643 a training program approved by the educational institution where
644 she or he met the academic requirements. For an occupational
645 therapist, a minimum of 6 months of supervised fieldwork
646 experience is required. For an occupational therapy assistant, a
647 minimum of 2 months of supervised fieldwork experience is
648 required.
649 (f)(d) Has passed an examination conducted or adopted by
650 the board as provided in s. 468.211.
651 (2) An applicant who has practiced as a state-licensed or
652 American Occupational Therapy Association-certified occupational
653 therapy assistant for 4 years and who, before January 24, 1988,
654 completed a minimum of 24 weeks of supervised occupational
655 therapist-level fieldwork experience may take the examination to
656 be licensed as an occupational therapist without meeting the
657 educational requirements for occupational therapists made
658 otherwise applicable under paragraph (1)(d) (1)(b).
659 Section 18. Subsection (3) is added to section 468.213,
660 Florida Statutes, to read:
661 468.213 Licensure by endorsement.—
662 (3) Applicants for licensure by endorsement must submit to
663 background screening in accordance with s. 456.0135.
664 Section 19. Section 468.355, Florida Statutes, is amended
665 to read:
666 468.355 Licensure requirements.—To be eligible for
667 licensure by the board, an applicant must be an active
668 “certified respiratory therapist” or an active “registered
669 respiratory therapist” as designated by the National Board for
670 Respiratory Care, or its successor, and submit to background
671 screening in accordance with s. 456.0135.
672 Section 20. Subsection (4) of section 468.358, Florida
673 Statutes, is amended to read:
674 468.358 Licensure by endorsement.—
675 (4) Applicants for licensure shall not be granted by
676 endorsement under as provided in this section must submit
677 without the submission of a proper application, remit and the
678 payment of the requisite application fee, and submit to
679 background screening in accordance with s. 456.0135 fees
680 therefor.
681 Section 21. Present subsections (2), (3), and (4) of
682 section 468.509, Florida Statutes, are redesignated as
683 subsections (3), (4), and (5), respectively, a new subsection
684 (2) is added to that section, and present subsection (2) of that
685 section is amended, to read:
686 468.509 Dietitian/nutritionist; requirements for
687 licensure.—
688 (2) Applicants for licensure must also submit to background
689 screening in accordance with s. 456.0135.
690 (3)(2) The department shall examine any applicant who the
691 board certifies has completed the application form, submitted to
692 background screening, and remitted the application and
693 examination fees specified in s. 468.508 and who:
694 (a)1. Possesses a baccalaureate or postbaccalaureate degree
695 with a major course of study in human nutrition, food and
696 nutrition, dietetics, or food management, or an equivalent major
697 course of study, from a school or program accredited, at the
698 time of the applicant’s graduation, by the appropriate
699 accrediting agency recognized by the Commission on Recognition
700 of Postsecondary Accreditation and the United States Department
701 of Education; and
702 2. Has completed a preprofessional experience component of
703 not less than 900 hours or has education or experience
704 determined to be equivalent by the board; or
705 (b)1. Has an academic degree, from a foreign country, that
706 has been validated by an accrediting agency approved by the
707 United States Department of Education as equivalent to the
708 baccalaureate or postbaccalaureate degree conferred by a
709 regionally accredited college or university in the United
710 States;
711 2. Has completed a major course of study in human
712 nutrition, food and nutrition, dietetics, or food management;
713 and
714 3. Has completed a preprofessional experience component of
715 not less than 900 hours or has education or experience
716 determined to be equivalent by the board.
717 Section 22. Subsection (1) of section 468.513, Florida
718 Statutes, is amended to read:
719 468.513 Dietitian/nutritionist; licensure by endorsement.—
720 (1) The department shall issue a license to practice
721 dietetics and nutrition by endorsement to any applicant who
722 submits to background screening in accordance with s. 456.0135
723 and the board certifies as qualified, upon receipt of a
724 completed application and the fee specified in s. 468.508.
725 Section 23. Subsection (2) of section 468.803, Florida
726 Statutes, is amended to read:
727 468.803 License, registration, and examination
728 requirements.—
729 (2) An applicant for registration, examination, or
730 licensure must apply to the department on a form prescribed by
731 the board for consideration of board approval. Each initial
732 applicant shall submit fingerprints to the department in
733 accordance with s. 456.0135 and any other procedures specified
734 by the department for state and national criminal history checks
735 of the applicant. The board shall screen the results to
736 determine if an applicant meets licensure requirements. The
737 board shall consider for examination, registration, or licensure
738 each applicant whom the board verifies meets all of the
739 following criteria:
740 (a) Has submitted the completed application and completed
741 the fingerprinting requirements and has paid the applicable
742 application fee, not to exceed $500. The application fee is
743 nonrefundable.;
744 (b) Is of good moral character.;
745 (c) Is 18 years of age or older.; and
746 (d) Has completed the appropriate educational preparation.
747 Section 24. Subsection (1) of section 478.45, Florida
748 Statutes, is amended to read:
749 478.45 Requirements for licensure.—
750 (1) An applicant applying for licensure as an electrologist
751 shall apply to the department on forms furnished by the
752 department. The department shall license each applicant who the
753 board certifies meets all of the following criteria:
754 (a) Has completed the file a written application form and
755 remitted, accompanied by the application for licensure fee
756 prescribed in s. 478.55.
757 (b) Has submitted to background screening in accordance
758 with s. 456.0135., on a form provided by the board, showing to
759 the satisfaction of the board that the applicant:
760 (c)(a) Is at least 18 years old.
761 (d)(b) Is of good moral character.
762 (e)(c) Possesses a high school diploma or a high school
763 equivalency diploma.
764 (f)(d) Has not committed an act in any jurisdiction which
765 would constitute grounds for disciplining an electrologist in
766 this state.
767 (g)(e) Has successfully completed the academic requirements
768 of an electrolysis training program, not to exceed 120 hours,
769 and the practical application thereof as approved by the board.
770 Section 25. Section 483.815, Florida Statutes, is amended
771 to read:
772 483.815 Application for clinical laboratory personnel
773 license.—An application for a clinical laboratory personnel
774 license shall be made under oath on forms provided by the
775 department and shall be accompanied by payment of fees as
776 provided by this part. Applicants for licensure must also submit
777 to background screening in accordance with s. 456.0135. A
778 license may be issued authorizing the performance of procedures
779 of one or more categories.
780 Section 26. Present paragraphs (b) through (k) of
781 subsection (4) of section 483.901, Florida Statutes, are
782 redesignated as paragraphs (c) through (l), respectively, a new
783 paragraph (b) is added to that subsection, and paragraph (a) of
784 that subsection is amended, to read:
785 483.901 Medical physicists; definitions; licensure.—
786 (4) LICENSE REQUIRED.—An individual may not engage in the
787 practice of medical physics, including the specialties of
788 diagnostic radiological physics, therapeutic radiological
789 physics, medical nuclear radiological physics, or medical health
790 physics, without a license issued by the department for the
791 appropriate specialty.
792 (a) The department shall adopt rules to administer this
793 section which specify license application and renewal fees,
794 continuing education requirements, background screening
795 requirements, and standards for practicing medical physics. The
796 department shall require a minimum of 24 hours per biennium of
797 continuing education offered by an organization approved by the
798 department. The department may adopt rules to specify continuing
799 education requirements for persons who hold a license in more
800 than one specialty.
801 (b) Applicants for a medical physicist license must submit
802 to background screening in accordance with s. 456.0135.
803 Section 27. Subsections (2) and (3) of section 483.914,
804 Florida Statutes, are amended to read:
805 483.914 Licensure requirements.—
806 (2) The department shall issue a license, valid for 2
807 years, to each applicant who meets all of the following
808 criteria:
809 (a) Has completed an application.
810 (b) Has submitted to background screening in accordance
811 with s. 456.0135.
812 (c) Is of good moral character.
813 (d)(c) Provides satisfactory documentation of having
814 earned:
815 1. A master’s degree from a genetic counseling training
816 program or its equivalent as determined by the Accreditation
817 Council of Genetic Counseling or its successor or an equivalent
818 entity; or
819 2. A doctoral degree from a medical genetics training
820 program accredited by the American Board of Medical Genetics and
821 Genomics or the Canadian College of Medical Geneticists.
822 (e)(d) Has passed the examination for certification as:
823 1. A genetic counselor by the American Board of Genetic
824 Counseling, Inc., the American Board of Medical Genetics and
825 Genomics, or the Canadian Association of Genetic Counsellors; or
826 2. A medical or clinical geneticist by the American Board
827 of Medical Genetics and Genomics or the Canadian College of
828 Medical Geneticists.
829 (3) The department may issue a temporary license for up to
830 2 years to an applicant who meets all requirements for licensure
831 except for the certification examination requirement imposed
832 under paragraph (2)(e) (2)(d) and is eligible to sit for that
833 certification examination.
834 Section 28. Subsection (1) of section 484.007, Florida
835 Statutes, is amended to read:
836 484.007 Licensure of opticians; permitting of optical
837 establishments.—
838 (1) Any person desiring to practice opticianry shall apply
839 to the department, upon forms prescribed by it, to take a
840 licensure examination. The department shall examine each
841 applicant who the board certifies meets all of the following
842 criteria:
843 (a) Has completed the application form and remitted a
844 nonrefundable application fee set by the board, in the amount of
845 $100 or less, and an examination fee set by the board, in the
846 amount of $325 plus the actual per applicant cost to the
847 department for purchase of portions of the examination from the
848 American Board of Opticianry or a similar national organization,
849 or less, and refundable if the board finds the applicant
850 ineligible to take the examination.;
851 (b) Submits to background screening in accordance with s.
852 456.0135.
853 (c) Is not less than 18 years of age.;
854 (d)(c) Is a graduate of an accredited high school or
855 possesses a certificate of equivalency of a high school
856 education.; and
857 (e)1.(d)1. Has received an associate degree, or its
858 equivalent, in opticianry from an educational institution the
859 curriculum of which is accredited by an accrediting agency
860 recognized and approved by the United States Department of
861 Education or the Council on Postsecondary Education or approved
862 by the board;
863 2. Is an individual licensed to practice the profession of
864 opticianry pursuant to a regulatory licensing law of another
865 state, territory, or jurisdiction of the United States, who has
866 actively practiced in such other state, territory, or
867 jurisdiction for more than 3 years immediately preceding
868 application, and who meets the examination qualifications as
869 provided in this subsection;
870 3. Is an individual who has actively practiced in another
871 state, territory, or jurisdiction of the United States for more
872 than 5 years immediately preceding application and who provides
873 tax or business records, affidavits, or other satisfactory
874 documentation of such practice and who meets the examination
875 qualifications as provided in this subsection; or
876 4. Has registered as an apprentice with the department and
877 paid a registration fee not to exceed $60, as set by rule of the
878 board. The apprentice shall complete 6,240 hours of training
879 under the supervision of an optician licensed in this state for
880 at least 1 year or of a physician or optometrist licensed under
881 the laws of this state. These requirements must be met within 5
882 years after the date of registration. However, any time spent in
883 a recognized school may be considered as part of the
884 apprenticeship program provided herein. The board may establish
885 administrative processing fees sufficient to cover the cost of
886 administering apprentice rules adopted as promulgated by the
887 board.
888 Section 29. Subsection (2) of section 484.045, Florida
889 Statutes, is amended to read:
890 484.045 Licensure by examination.—
891 (2) The department shall license each applicant who the
892 board certifies meets all of the following criteria:
893 (a) Has completed the application form and remitted the
894 required fees.
895 (b) Has submitted to background screening in accordance
896 with s. 456.0135.
897 (c) Is of good moral character.
898 (d)(c) Is 18 years of age or older.
899 (e)(d) Is a graduate of an accredited high school or its
900 equivalent.
901 (f)1.(e)1. Has met the requirements of the training
902 program; or
903 2.a. Has a valid, current license as a hearing aid
904 specialist or its equivalent from another state and has been
905 actively practicing in such capacity for at least 12 months; or
906 b. Is currently certified by the National Board for
907 Certification in Hearing Instrument Sciences and has been
908 actively practicing for at least 12 months.
909 (g)(f) Has passed an examination, as prescribed by board
910 rule.
911 (h)(g) Has demonstrated, in a manner designated by rule of
912 the board, knowledge of state laws and rules relating to the
913 fitting and dispensing of prescription hearing aids.
914 Section 30. Section 486.031, Florida Statutes, is amended
915 to read:
916 486.031 Physical therapist; licensing requirements.—To be
917 eligible for licensing as a physical therapist, an applicant
918 must meet all of the following criteria:
919 (1) Be at least 18 years old.;
920 (2) Be of good moral character.
921 (3) Have submitted to background screening in accordance
922 with s. 456.0135.; and
923 (4)(a)(3)(a) Have been graduated from a school of physical
924 therapy which has been approved for the educational preparation
925 of physical therapists by the appropriate accrediting agency
926 recognized by the Council for Higher Education Accreditation, or
927 its successor entity, Commission on Recognition of Postsecondary
928 Accreditation or the United States Department of Education at
929 the time of her or his graduation and have passed, to the
930 satisfaction of the board, the American Registry Examination
931 prior to 1971 or a national examination approved by the board to
932 determine her or his fitness for practice as a physical
933 therapist as hereinafter provided;
934 (b) Have received a diploma from a program in physical
935 therapy in a foreign country and have educational credentials
936 deemed equivalent to those required for the educational
937 preparation of physical therapists in this country, as
938 recognized by the appropriate agency as identified by the board,
939 and have passed to the satisfaction of the board an examination
940 to determine her or his fitness for practice as a physical
941 therapist as hereinafter provided; or
942 (c) Be entitled to licensure without examination as
943 provided in s. 486.081.
944 Section 31. Section 486.102, Florida Statutes, is amended
945 to read:
946 486.102 Physical therapist assistant; licensing
947 requirements.—To be eligible for licensing by the board as a
948 physical therapist assistant, an applicant must meet all of the
949 following criteria:
950 (1) Be at least 18 years old.;
951 (2) Be of good moral character.
952 (3) Have submitted to background screening in accordance
953 with s. 456.0135.; and
954 (4)(a)(3)(a) Have been graduated from a school giving a
955 course of not less than 2 years for physical therapist
956 assistants, which has been approved for the educational
957 preparation of physical therapist assistants by the appropriate
958 accrediting agency recognized by the Council for Higher
959 Education Accreditation, or its successor entity, Commission on
960 Recognition of Postsecondary Accreditation or the United States
961 Department of Education, at the time of her or his graduation
962 and have passed to the satisfaction of the board an examination
963 to determine her or his fitness for practice as a physical
964 therapist assistant as hereinafter provided;
965 (b) Have been graduated from a school giving a course for
966 physical therapist assistants in a foreign country and have
967 educational credentials deemed equivalent to those required for
968 the educational preparation of physical therapist assistants in
969 this country, as recognized by the appropriate agency as
970 identified by the board, and passed to the satisfaction of the
971 board an examination to determine her or his fitness for
972 practice as a physical therapist assistant as hereinafter
973 provided;
974 (c) Be entitled to licensure without examination as
975 provided in s. 486.107; or
976 (d) Have been enrolled between July 1, 2014, and July 1,
977 2016, in a physical therapist assistant school in this state
978 which was accredited at the time of enrollment; and
979 1. Have been graduated or be eligible to graduate from such
980 school no later than July 1, 2018; and
981 2. Have passed to the satisfaction of the board an
982 examination to determine his or her fitness for practice as a
983 physical therapist assistant as provided in s. 486.104.
984 Section 32. Present paragraphs (b), (c), and (d) of
985 subsection (1) of section 490.005, Florida Statutes, are
986 redesignated as paragraphs (c), (d), and (e), respectively, a
987 new paragraph (b) is added to that subsection, and subsection
988 (2) is amended, to read:
989 490.005 Licensure by examination.—
990 (1) Any person desiring to be licensed as a psychologist
991 shall apply to the department to take the licensure examination.
992 The department shall license each applicant whom the board
993 certifies has met all of the following requirements:
994 (b) Submitted to background screening in accordance with s.
995 456.0135.
996 (2) Any person desiring to be licensed as a school
997 psychologist shall apply to the department to take the licensure
998 examination. The department shall license each applicant who the
999 department certifies has met all of the following requirements:
1000 (a) Satisfactorily completed the application form and
1001 submitted a nonrefundable application fee not to exceed $250 and
1002 an examination fee sufficient to cover the per applicant cost to
1003 the department for development, purchase, and administration of
1004 the examination, but not to exceed $250 as set by department
1005 rule.
1006 (b) Submitted to background screening in accordance with s.
1007 456.0135.
1008 (c) Submitted satisfactory proof to the department that the
1009 applicant:
1010 1. Has received a doctorate, specialist, or equivalent
1011 degree from a program primarily psychological in nature and has
1012 completed 60 semester hours or 90 quarter hours of graduate
1013 study, in areas related to school psychology as defined by rule
1014 of the department, from a college or university which at the
1015 time the applicant was enrolled and graduated was accredited by
1016 an accrediting agency recognized and approved by the Council for
1017 Higher Education Accreditation or its successor organization or
1018 from an institution that is a member in good standing with the
1019 Association of Universities and Colleges of Canada.
1020 2. Has had a minimum of 3 years of experience in school
1021 psychology, 2 years of which must be supervised by an individual
1022 who is a licensed school psychologist or who has otherwise
1023 qualified as a school psychologist supervisor, by education and
1024 experience, as set forth by rule of the department. A doctoral
1025 internship may be applied toward the supervision requirement.
1026 3. Has passed an examination provided by the department.
1027 Section 33. Present paragraphs (b) and (c) of subsection
1028 (1) of section 490.0051, Florida Statutes, are redesignated as
1029 paragraphs (c) and (d), respectively, and a new paragraph (b) is
1030 added to that subsection, to read:
1031 490.0051 Provisional licensure; requirements.—
1032 (1) The department shall issue a provisional psychology
1033 license to each applicant whom the board certifies has met all
1034 of the following criteria:
1035 (b) Submitted to background screening in accordance with s.
1036 456.0135.
1037 Section 34. Subsection (1) of section 490.006, Florida
1038 Statutes, is amended to read:
1039 490.006 Licensure by endorsement.—
1040 (1) The department shall license a person as a psychologist
1041 or school psychologist who, upon applying to the department,
1042 submitting to background screening in accordance with s.
1043 456.0135, and remitting the appropriate fee, demonstrates to the
1044 department or, in the case of psychologists, to the board that
1045 the applicant:
1046 (a) Is a diplomate in good standing with the American Board
1047 of Professional Psychology, Inc.; or
1048 (b) Possesses a doctoral degree in psychology and has at
1049 least 10 years of experience as a licensed psychologist in any
1050 jurisdiction or territory of the United States within the 25
1051 years preceding the date of application.
1052 Section 35. Subsections (1), (2), (4), and (6) of section
1053 491.0045, Florida Statutes, are amended to read:
1054 491.0045 Intern registration; requirements.—
1055 (1) An individual who has not satisfied the postgraduate or
1056 post-master’s level experience requirements, as specified in s.
1057 491.005(1)(d), (3)(d), or (4)(d) s. 491.005(1)(c), (3)(c), or
1058 (4)(c), must register as an intern in the profession for which
1059 he or she is seeking licensure before commencing the post
1060 master’s experience requirement or an individual who intends to
1061 satisfy part of the required graduate-level practicum,
1062 internship, or field experience, outside the academic arena for
1063 any profession, and must register as an intern in the profession
1064 for which he or she is seeking licensure before commencing the
1065 practicum, internship, or field experience.
1066 (2) The department shall register as a clinical social
1067 worker intern, marriage and family therapist intern, or mental
1068 health counselor intern each applicant who the board certifies
1069 has met all of the following criteria:
1070 (a) Completed the application form and remitted a
1071 nonrefundable application fee not to exceed $200, as set by
1072 board rule.;
1073 (b) Submitted to background screening in accordance with s.
1074 456.0135.
1075 (c)1. Completed the education requirements as specified in
1076 s. 491.005(1)(d), (3)(d), or (4)(d) s. 491.005(1)(c), (3)(c), or
1077 (4)(c) for the profession for which he or she is applying for
1078 licensure, if needed; and
1079 2. Submitted an acceptable supervision plan, as determined
1080 by the board, for meeting the practicum, internship, or field
1081 work required for licensure that was not satisfied in his or her
1082 graduate program.
1083 (d)(c) Identified a qualified supervisor.
1084 (4) An individual who fails to comply with this section may
1085 not be granted a license under this chapter, and any time spent
1086 by the individual completing the experience requirement as
1087 specified in s. 491.005(1)(d), (3)(d), or (4)(d) s.
1088 491.005(1)(c), (3)(c), or (4)(c) before registering as an intern
1089 does not count toward completion of the requirement.
1090 (6) Any registration issued after March 31, 2017, expires
1091 60 months after the date it is issued. The board may make a one
1092 time exception to the requirements of this subsection in
1093 emergency or hardship cases, as defined by board rule, if the
1094 candidate has passed the theory and practice examination
1095 described in s. 491.005(1)(e), (3)(e), and (4)(e) s.
1096 491.005(1)(d), (3)(d), and (4)(d).
1097 Section 36. Subsection (2) of section 491.0046, Florida
1098 Statutes, is amended to read:
1099 491.0046 Provisional license; requirements.—
1100 (2) The department shall issue a provisional clinical
1101 social worker license, provisional marriage and family therapist
1102 license, or provisional mental health counselor license to each
1103 applicant who the board certifies has met all of the following
1104 criteria:
1105 (a) Completed the application form and remitted a
1106 nonrefundable application fee not to exceed $100, as set by
1107 board rule.; and
1108 (b) Submitted to background screening in accordance with s.
1109 456.0135.
1110 (c) Earned a graduate degree in social work, a graduate
1111 degree with a major emphasis in marriage and family therapy or a
1112 closely related field, or a graduate degree in a major related
1113 to the practice of mental health counseling.; and
1114 (d)(c) Met the following minimum coursework requirements:
1115 1. For clinical social work, a minimum of 15 semester hours
1116 or 22 quarter hours of the coursework required by s.
1117 491.005(1)(c)2.b. s. 491.005(1)(b)2.b.
1118 2. For marriage and family therapy, 10 of the courses
1119 required by s. 491.005(3)(c) s. 491.005(3)(b), as determined by
1120 the board, and at least 6 semester hours or 9 quarter hours of
1121 the course credits must have been completed in the area of
1122 marriage and family systems, theories, or techniques.
1123 3. For mental health counseling, a minimum of seven of the
1124 courses required under s. 491.005(4)(c)1.a., b., or c. s.
1125 491.005(4)(b)1.a.-c.
1126 Section 37. Subsections (1) through (4) of section 491.005,
1127 Florida Statutes, are amended to read:
1128 491.005 Licensure by examination.—
1129 (1) CLINICAL SOCIAL WORK.—Upon verification of
1130 documentation and payment of a fee not to exceed $200, as set by
1131 board rule, the department shall issue a license as a clinical
1132 social worker to an applicant whom the board certifies has met
1133 all of the following criteria:
1134 (a) Submitted an application and paid the appropriate fee.
1135 (b) Submitted to background screening in accordance with s.
1136 456.0135.
1137 (c)1. Received a doctoral degree in social work from a
1138 graduate school of social work which at the time the applicant
1139 graduated was accredited by an accrediting agency recognized by
1140 the United States Department of Education or received a master’s
1141 degree in social work from a graduate school of social work
1142 which at the time the applicant graduated:
1143 a. Was accredited by the Council on Social Work Education;
1144 b. Was accredited by the Canadian Association for Social
1145 Work Education; or
1146 c. Has been determined to have been a program equivalent to
1147 programs approved by the Council on Social Work Education by the
1148 Foreign Equivalency Determination Service of the Council on
1149 Social Work Education. An applicant who graduated from a program
1150 at a university or college outside of the United States or
1151 Canada must present documentation of the equivalency
1152 determination from the council in order to qualify.
1153 2. The applicant’s graduate program emphasized direct
1154 clinical patient or client health care services, including, but
1155 not limited to, coursework in clinical social work, psychiatric
1156 social work, medical social work, social casework,
1157 psychotherapy, or group therapy. The applicant’s graduate
1158 program must have included all of the following coursework:
1159 a. A supervised field placement which was part of the
1160 applicant’s advanced concentration in direct practice, during
1161 which the applicant provided clinical services directly to
1162 clients.
1163 b. Completion of 24 semester hours or 32 quarter hours in
1164 theory of human behavior and practice methods as courses in
1165 clinically oriented services, including a minimum of one course
1166 in psychopathology, and no more than one course in research,
1167 taken in a school of social work accredited or approved pursuant
1168 to subparagraph 1.
1169 3. If the course title which appears on the applicant’s
1170 transcript does not clearly identify the content of the
1171 coursework, the applicant provided additional documentation,
1172 including, but not limited to, a syllabus or catalog description
1173 published for the course.
1174 (d)(c) Completed at least 2 years of clinical social work
1175 experience, which took place subsequent to completion of a
1176 graduate degree in social work at an institution meeting the
1177 accreditation requirements of this section, under the
1178 supervision of a licensed clinical social worker or the
1179 equivalent who is a qualified supervisor as determined by the
1180 board. An individual who intends to practice in Florida to
1181 satisfy clinical experience requirements must register pursuant
1182 to s. 491.0045 before commencing practice. If the applicant’s
1183 graduate program was not a program which emphasized direct
1184 clinical patient or client health care services as described in
1185 subparagraph (c)2. (b)2., the supervised experience requirement
1186 must take place after the applicant has completed a minimum of
1187 15 semester hours or 22 quarter hours of the coursework
1188 required. A doctoral internship may be applied toward the
1189 clinical social work experience requirement. A licensed mental
1190 health professional must be on the premises when clinical
1191 services are provided by a registered intern in a private
1192 practice setting.
1193 (e)(d) Passed a theory and practice examination designated
1194 by board rule.
1195 (f)(e) Demonstrated, in a manner designated by board rule,
1196 knowledge of the laws and rules governing the practice of
1197 clinical social work, marriage and family therapy, and mental
1198 health counseling.
1199 (2) CLINICAL SOCIAL WORK.—
1200 (a) Notwithstanding the provisions of paragraph (1)(c)
1201 (1)(b), coursework which was taken at a baccalaureate level
1202 shall not be considered toward completion of education
1203 requirements for licensure unless an official of the graduate
1204 program certifies in writing on the graduate school’s stationery
1205 that a specific course, which students enrolled in the same
1206 graduate program were ordinarily required to complete at the
1207 graduate level, was waived or exempted based on completion of a
1208 similar course at the baccalaureate level. If this condition is
1209 met, the board shall apply the baccalaureate course named toward
1210 the education requirements.
1211 (b) An applicant from a master’s or doctoral program in
1212 social work which did not emphasize direct patient or client
1213 services may complete the clinical curriculum content
1214 requirement by returning to a graduate program accredited by the
1215 Council on Social Work Education or the Canadian Association of
1216 Schools of Social Work, or to a clinical social work graduate
1217 program with comparable standards, in order to complete the
1218 education requirements for examination. However, a maximum of 6
1219 semester or 9 quarter hours of the clinical curriculum content
1220 requirement may be completed by credit awarded for independent
1221 study coursework as defined by board rule.
1222 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1223 documentation and payment of a fee not to exceed $200, as set by
1224 board rule, the department shall issue a license as a marriage
1225 and family therapist to an applicant whom the board certifies
1226 has met all of the following criteria:
1227 (a) Submitted an application and paid the appropriate fee.
1228 (b) Submitted to background screening in accordance with s.
1229 456.0135.
1230 (c)1. Attained one of the following:
1231 a. A minimum of a master’s degree in marriage and family
1232 therapy from a program accredited by the Commission on
1233 Accreditation for Marriage and Family Therapy Education.
1234 b. A minimum of a master’s degree with a major emphasis in
1235 marriage and family therapy or a closely related field from a
1236 university program accredited by the Council on Accreditation of
1237 Counseling and Related Educational Programs and graduate courses
1238 approved by the board.
1239 c. A minimum of a master’s degree with an emphasis in
1240 marriage and family therapy or a closely related field, with a
1241 degree conferred before September 1, 2027, from an
1242 institutionally accredited college or university and graduate
1243 courses approved by the board.
1244 2. If the course title that appears on the applicant’s
1245 transcript does not clearly identify the content of the
1246 coursework, the applicant provided additional documentation,
1247 including, but not limited to, a syllabus or catalog description
1248 published for the course. The required master’s degree must have
1249 been received in an institution of higher education that, at the
1250 time the applicant graduated, was fully accredited by an
1251 institutional accrediting body recognized by the Council for
1252 Higher Education Accreditation or its successor organization or
1253 was a member in good standing with Universities Canada, or an
1254 institution of higher education located outside the United
1255 States and Canada which, at the time the applicant was enrolled
1256 and at the time the applicant graduated, maintained a standard
1257 of training substantially equivalent to the standards of
1258 training of those institutions in the United States which are
1259 accredited by an institutional accrediting body recognized by
1260 the Council for Higher Education Accreditation or its successor
1261 organization. Such foreign education and training must have been
1262 received in an institution or program of higher education
1263 officially recognized by the government of the country in which
1264 it is located as an institution or program to train students to
1265 practice as professional marriage and family therapists or
1266 psychotherapists. The applicant has the burden of establishing
1267 that the requirements of this provision have been met, and the
1268 board shall require documentation, such as an evaluation by a
1269 foreign equivalency determination service, as evidence that the
1270 applicant’s graduate degree program and education were
1271 equivalent to an accredited program in this country. An
1272 applicant with a master’s degree from a program that did not
1273 emphasize marriage and family therapy may complete the
1274 coursework requirement in a training institution fully
1275 accredited by the Commission on Accreditation for Marriage and
1276 Family Therapy Education recognized by the United States
1277 Department of Education.
1278 (d)(c) Completed at least 2 years of clinical experience
1279 during which 50 percent of the applicant’s clients were
1280 receiving marriage and family therapy services, which must be at
1281 the post-master’s level under the supervision of a licensed
1282 marriage and family therapist with at least 5 years of
1283 experience, or the equivalent, who is a qualified supervisor as
1284 determined by the board. An individual who intends to practice
1285 in Florida to satisfy the clinical experience requirements must
1286 register pursuant to s. 491.0045 before commencing practice. If
1287 a graduate has a master’s degree with a major emphasis in
1288 marriage and family therapy or a closely related field which did
1289 not include all of the coursework required by paragraph (c) (b),
1290 credit for the post-master’s level clinical experience may not
1291 commence until the applicant has completed a minimum of 10 of
1292 the courses required by paragraph (c) (b), as determined by the
1293 board, and at least 6 semester hours or 9 quarter hours of the
1294 course credits must have been completed in the area of marriage
1295 and family systems, theories, or techniques. Within the 2 years
1296 of required experience, the applicant shall provide direct
1297 individual, group, or family therapy and counseling to cases
1298 including those involving unmarried dyads, married couples,
1299 separating and divorcing couples, and family groups that include
1300 children. A doctoral internship may be applied toward the
1301 clinical experience requirement. A licensed mental health
1302 professional must be on the premises when clinical services are
1303 provided by a registered intern in a private practice setting.
1304 (e)(d) Passed a theory and practice examination designated
1305 by board rule.
1306 (f)(e) Demonstrated, in a manner designated by board rule,
1307 knowledge of the laws and rules governing the practice of
1308 clinical social work, marriage and family therapy, and mental
1309 health counseling.
1310
1311 For the purposes of dual licensure, the department shall license
1312 as a marriage and family therapist any person who meets the
1313 requirements of s. 491.0057. Fees for dual licensure may not
1314 exceed those stated in this subsection.
1315 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1316 documentation and payment of a fee not to exceed $200, as set by
1317 board rule, the department shall issue a license as a mental
1318 health counselor to an applicant whom the board certifies has
1319 met all of the following criteria:
1320 (a) Submitted an application and paid the appropriate fee.
1321 (b) Submitted to background screening in accordance with s.
1322 456.0135.
1323 (c)1. Attained a minimum of an earned master’s degree from
1324 a mental health counseling program accredited by the Council for
1325 the Accreditation of Counseling and Related Educational Programs
1326 which consists of at least 60 semester hours or 80 quarter hours
1327 of clinical and didactic instruction, including a course in
1328 human sexuality and a course in substance abuse. If the master’s
1329 degree is earned from a program related to the practice of
1330 mental health counseling which is not accredited by the Council
1331 for the Accreditation of Counseling and Related Educational
1332 Programs, then the coursework and practicum, internship, or
1333 fieldwork must consist of at least 60 semester hours or 80
1334 quarter hours and meet all of the following requirements:
1335 a. Thirty-three semester hours or 44 quarter hours of
1336 graduate coursework, which must include a minimum of 3 semester
1337 hours or 4 quarter hours of graduate-level coursework in each of
1338 the following 11 content areas: counseling theories and
1339 practice; human growth and development; diagnosis and treatment
1340 of psychopathology; human sexuality; group theories and
1341 practice; individual evaluation and assessment; career and
1342 lifestyle assessment; research and program evaluation; social
1343 and cultural foundations; substance abuse; and legal, ethical,
1344 and professional standards issues in the practice of mental
1345 health counseling. Courses in research, thesis or dissertation
1346 work, practicums, internships, or fieldwork may not be applied
1347 toward this requirement.
1348 b. A minimum of 3 semester hours or 4 quarter hours of
1349 graduate-level coursework addressing diagnostic processes,
1350 including differential diagnosis and the use of the current
1351 diagnostic tools, such as the current edition of the American
1352 Psychiatric Association’s Diagnostic and Statistical Manual of
1353 Mental Disorders. The graduate program must have emphasized the
1354 common core curricular experience.
1355 c. The equivalent, as determined by the board, of at least
1356 700 hours of university-sponsored supervised clinical practicum,
1357 internship, or field experience that includes at least 280 hours
1358 of direct client services, as required in the accrediting
1359 standards of the Council for Accreditation of Counseling and
1360 Related Educational Programs for mental health counseling
1361 programs. This experience may not be used to satisfy the post
1362 master’s clinical experience requirement.
1363 2. Provided additional documentation if a course title that
1364 appears on the applicant’s transcript does not clearly identify
1365 the content of the coursework. The documentation must include,
1366 but is not limited to, a syllabus or catalog description
1367 published for the course.
1368
1369 Education and training in mental health counseling must have
1370 been received in an institution of higher education that, at the
1371 time the applicant graduated, was fully accredited by an
1372 institutional accrediting body recognized by the Council for
1373 Higher Education Accreditation or its successor organization or
1374 was a member in good standing with Universities Canada, or an
1375 institution of higher education located outside the United
1376 States and Canada which, at the time the applicant was enrolled
1377 and at the time the applicant graduated, maintained a standard
1378 of training substantially equivalent to the standards of
1379 training of those institutions in the United States which are
1380 accredited by an institutional accrediting body recognized by
1381 the Council for Higher Education Accreditation or its successor
1382 organization. Such foreign education and training must have been
1383 received in an institution or program of higher education
1384 officially recognized by the government of the country in which
1385 it is located as an institution or program to train students to
1386 practice as mental health counselors. The applicant has the
1387 burden of establishing that the requirements of this provision
1388 have been met, and the board shall require documentation, such
1389 as an evaluation by a foreign equivalency determination service,
1390 as evidence that the applicant’s graduate degree program and
1391 education were equivalent to an accredited program in this
1392 country. Beginning July 1, 2025, an applicant must have a
1393 master’s degree from a program that is accredited by the Council
1394 for Accreditation of Counseling and Related Educational
1395 Programs, the Masters in Psychology and Counseling Accreditation
1396 Council, or an equivalent accrediting body which consists of at
1397 least 60 semester hours or 80 quarter hours to apply for
1398 licensure under this paragraph.
1399 (d)(c) Completed at least 2 years of clinical experience in
1400 mental health counseling, which must be at the post-master’s
1401 level under the supervision of a licensed mental health
1402 counselor or the equivalent who is a qualified supervisor as
1403 determined by the board. An individual who intends to practice
1404 in Florida to satisfy the clinical experience requirements must
1405 register pursuant to s. 491.0045 before commencing practice. If
1406 a graduate has a master’s degree with a major related to the
1407 practice of mental health counseling which did not include all
1408 the coursework required under sub-subparagraphs (c)1.a and b.
1409 (b)1.a. and b., credit for the post-master’s level clinical
1410 experience may not commence until the applicant has completed a
1411 minimum of seven of the courses required under sub-subparagraphs
1412 (c)1.a and b. (b)1.a. and b., as determined by the board, one of
1413 which must be a course in psychopathology or abnormal
1414 psychology. A doctoral internship may be applied toward the
1415 clinical experience requirement. A licensed mental health
1416 professional must be on the premises when clinical services are
1417 provided by a registered intern in a private practice setting.
1418 (e)(d) Passed a theory and practice examination designated
1419 by board rule.
1420 (f)(e) Demonstrated, in a manner designated by board rule,
1421 knowledge of the laws and rules governing the practice of
1422 clinical social work, marriage and family therapy, and mental
1423 health counseling.
1424 Section 38. Subsection (1) of section 491.006, Florida
1425 Statutes, is amended to read:
1426 491.006 Licensure or certification by endorsement.—
1427 (1) The department shall license or grant a certificate to
1428 a person in a profession regulated by this chapter who, upon
1429 applying to the department and remitting the appropriate fee,
1430 demonstrates to the board that he or she:
1431 (a) Has demonstrated, in a manner designated by rule of the
1432 board, knowledge of the laws and rules governing the practice of
1433 clinical social work, marriage and family therapy, and mental
1434 health counseling.
1435 (b) Submitted to background screening in accordance with s.
1436 456.0135.
1437 (c)1. Holds an active valid license to practice and has
1438 actively practiced the licensed profession in another state for
1439 3 of the last 5 years immediately preceding licensure;
1440 2. Has passed a substantially equivalent licensing
1441 examination in another state or has passed the licensure
1442 examination in this state in the profession for which the
1443 applicant seeks licensure; and
1444 3. Holds a license in good standing, is not under
1445 investigation for an act that would constitute a violation of
1446 this chapter, and has not been found to have committed any act
1447 that would constitute a violation of this chapter.
1448
1449 The fees paid by any applicant for certification as a master
1450 social worker under this section are nonrefundable.
1451 Section 39. Section 486.025, Florida Statutes, is amended
1452 to read:
1453 486.025 Powers and duties of the Board of Physical Therapy
1454 Practice.—The board may administer oaths, summon witnesses, take
1455 testimony in all matters relating to its duties under this
1456 chapter, establish or modify minimum standards of practice of
1457 physical therapy as defined in s. 486.021, including, but not
1458 limited to, standards of practice for the performance of dry
1459 needling by physical therapists, and adopt rules pursuant to ss.
1460 120.536(1) and 120.54 to implement this chapter. The board may
1461 also review the standing and reputability of any school or
1462 college offering courses in physical therapy and whether the
1463 courses of such school or college in physical therapy meet the
1464 standards established by the appropriate accrediting agency
1465 referred to in s. 486.031(4)(a) s. 486.031(3)(a). In determining
1466 the standing and reputability of any such school and whether the
1467 school and courses meet such standards, the board may
1468 investigate and personally inspect the school and courses.
1469 Section 40. Paragraph (b) of subsection (1) of section
1470 486.0715, Florida Statutes, is amended to read:
1471 486.0715 Physical therapist; issuance of temporary permit.—
1472 (1) The board shall issue a temporary physical therapist
1473 permit to an applicant who meets the following requirements:
1474 (b) Is a graduate of an approved United States physical
1475 therapy educational program and meets all the eligibility
1476 requirements for licensure under chapter ch. 456, s. 486.031(1)
1477 (4)(a) s. 486.031(1)-(3)(a), and related rules, except passage
1478 of a national examination approved by the board is not required.
1479 Section 41. Paragraph (b) of subsection (1) of section
1480 486.1065, Florida Statutes, is amended to read:
1481 486.1065 Physical therapist assistant; issuance of
1482 temporary permit.—
1483 (1) The board shall issue a temporary physical therapist
1484 assistant permit to an applicant who meets the following
1485 requirements:
1486 (b) Is a graduate of an approved United States physical
1487 therapy assistant educational program and meets all the
1488 eligibility requirements for licensure under chapter ch. 456, s.
1489 486.102(1)-(4)(a) s. 486.102(1)-(3)(a), and related rules,
1490 except passage of a national examination approved by the board
1491 is not required.
1492 Section 42. Subsections (15), (16), and (17) of section
1493 491.003, Florida Statutes, are amended to read:
1494 491.003 Definitions.—As used in this chapter:
1495 (15) “Registered clinical social worker intern” means a
1496 person registered under this chapter who is completing the
1497 postgraduate clinical social work experience requirement
1498 specified in s. 491.005(1)(d) s. 491.005(1)(c).
1499 (16) “Registered marriage and family therapist intern”
1500 means a person registered under this chapter who is completing
1501 the post-master’s clinical experience requirement specified in
1502 s. 491.005(3)(d) s. 491.005(3)(c).
1503 (17) “Registered mental health counselor intern” means a
1504 person registered under this chapter who is completing the post
1505 master’s clinical experience requirement specified in s.
1506 491.005(4)(d) s. 491.005(4)(c).
1507 Section 43. This act shall take effect July 1, 2024.
