Bill Text: FL S0188 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2019-05-03 - Died in returning Messages, companion bill(s) passed, see CS/CS/CS/HB 851 (Ch. 2019-152) [S0188 Detail]
Download: Florida-2019-S0188-Comm_Sub.html
Bill Title: Department of Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2019-05-03 - Died in returning Messages, companion bill(s) passed, see CS/CS/CS/HB 851 (Ch. 2019-152) [S0188 Detail]
Download: Florida-2019-S0188-Comm_Sub.html
Florida Senate - 2019 CS for SB 188 By the Committee on Health Policy; and Senator Harrell 588-02318-19 2019188c1 1 A bill to be entitled 2 An act relating to the Department of Health; amending 3 s. 381.4018, F.S.; requiring the Department of Health 4 to develop strategies to maximize federal-state 5 partnerships that provide incentives for physicians to 6 practice in medically underserved or rural areas; 7 authorizing the department to adopt certain rules; 8 amending s. 456.013, F.S.; revising health care 9 practitioner licensure application requirements; 10 amending s. 458.3312, F.S.; removing a provision 11 prohibiting a physician from representing himself or 12 herself as a board-certified specialist in dermatology 13 unless the recognizing agency is reviewed and 14 reauthorized on a specified basis by the Board of 15 Medicine; amending s. 459.0055, F.S.; revising 16 licensure requirements for a person seeking licensure 17 or certification as an osteopathic physician; amending 18 s. 460.408, F.S.; defining the term “contact classroom 19 hour”; revising provisions relating to continuing 20 chiropractic education requirements; repealing s. 21 460.4166, F.S., relating to registered chiropractic 22 assistants; amending s. 464.202, F.S.; requiring the 23 Board of Nursing to adopt rules that include 24 disciplinary procedures and standards of practice for 25 certified nursing assistants; amending s. 464.203, 26 F.S.; revising certification requirements for nursing 27 assistants; amending s. 464.204, F.S.; revising 28 grounds for board-imposed disciplinary sanctions; 29 amending s. 466.006, F.S.; revising certain 30 requirements for examinations to be completed by 31 applicants seeking dental licensure; amending s. 32 466.007, F.S.; revising requirements for examinations 33 of dental hygienists; amending s. 466.017, F.S.; 34 providing adverse incident reporting requirements; 35 providing for disciplinary action by the Board of 36 Dentistry; defining the term “adverse incident”; 37 authorizing the board to adopt rules; amending s. 38 466.031, F.S.; expanding the definition of the term 39 “dental laboratory” to include any person, firm, or 40 corporation that performs an onsite consultation 41 during dental procedures; amending s. 466.036, F.S.; 42 revising inspection frequency of dental laboratories 43 during a specified period; amending s. 468.701, F.S.; 44 revising the definition of the term “athletic trainer” 45 for the purpose of relocating an existing requirement; 46 amending s. 468.707, F.S.; revising athletic trainer 47 licensure requirements; amending s. 468.711, F.S.; 48 requiring certain licensees to maintain certification 49 in good standing without lapse to renew their athletic 50 trainer license; amending s. 468.713, F.S.; requiring 51 that an athletic trainer work within a specified scope 52 of practice; relocating an existing requirement; 53 amending s. 468.723, F.S.; requiring the direct 54 supervision of an athletic training student to be in 55 accordance with rules adopted by the Board of Athletic 56 Training; amending s. 468.803, F.S.; revising 57 orthotic, prosthetic, and pedorthic licensure, 58 registration, and examination requirements; amending 59 s. 480.033, F.S.; revising the definition of the term 60 “apprentice”; amending s. 480.041, F.S.; revising 61 qualifications for licensure as a massage therapist; 62 specifying that a massage apprentice who was licensed 63 before a specified date may continue to perform 64 massage therapy as authorized under his or her 65 license; authorizing a massage apprentice to apply for 66 full licensure upon completion of the apprenticeship 67 under certain conditions; repealing s. 480.042, F.S., 68 relating to examinations for licensure as a massage 69 therapist; amending s. 480.046, F.S.; revising 70 instances under which disciplinary action may be taken 71 against massage establishments; prohibiting certain 72 massage establishments from applying for relicensure; 73 providing an exception; amending s. 490.003, F.S.; 74 revising the definition of the terms “doctoral-level 75 psychological education” and “doctoral degree in 76 psychology”; amending s. 490.005, F.S.; revising 77 requirements for licensure by examination of 78 psychologists and school psychologists; amending s. 79 490.006, F.S.; revising requirements for licensure by 80 endorsement of psychologists and school psychologists; 81 amending s. 491.0045, F.S.; providing an exemption for 82 registration requirements for clinical social worker 83 interns, marriage and family therapist interns, and 84 mental health counselor interns under certain 85 circumstances; amending s. 491.005, F.S.; revising 86 requirements for the licensure by examination of 87 marriage and family therapists; revising examination 88 requirements for the licensure by examination of 89 mental health counselors; amending s. 491.006, F.S.; 90 revising requirements for licensure by endorsement or 91 certification for specified professions; amending s. 92 491.007, F.S.; removing a biennial intern registration 93 fee; amending s. 491.009, F.S.; authorizing the Board 94 of Clinical Social Work, Marriage and Family Therapy, 95 and Mental Health Counseling or, under certain 96 circumstances, the department to enter an order 97 denying licensure or imposing penalties against an 98 applicant for licensure under certain circumstances; 99 amending ss. 491.0046 and 945.42, F.S.; conforming 100 cross-references; providing an effective date. 101 102 Be It Enacted by the Legislature of the State of Florida: 103 104 Section 1. Subsection (3) of section 381.4018, Florida 105 Statutes, is amended to read: 106 381.4018 Physician workforce assessment and development.— 107 (3) GENERAL FUNCTIONS.—The department shall maximize the 108 use of existing programs under the jurisdiction of the 109 department and other state agencies and coordinate governmental 110 and nongovernmental stakeholders and resources in order to 111 develop a state strategic plan and assess the implementation of 112 such strategic plan. In developing the state strategic plan, the 113 department shall: 114 (a) Monitor, evaluate, and report on the supply and 115 distribution of physicians licensed under chapter 458 or chapter 116 459. The department shall maintain a database to serve as a 117 statewide source of data concerning the physician workforce. 118 (b) Develop a model and quantify, on an ongoing basis, the 119 adequacy of the state’s current and future physician workforce 120 as reliable data becomes available. Such model must take into 121 account demographics, physician practice status, place of 122 education and training, generational changes, population growth, 123 economic indicators, and issues concerning the “pipeline” into 124 medical education. 125 (c) Develop and recommend strategies to determine whether 126 the number of qualified medical school applicants who might 127 become competent, practicing physicians in this state will be 128 sufficient to meet the capacity of the state’s medical schools. 129 If appropriate, the department shall, working with 130 representatives of appropriate governmental and nongovernmental 131 entities, develop strategies and recommendations and identify 132 best practice programs that introduce health care as a 133 profession and strengthen skills needed for medical school 134 admission for elementary, middle, and high school students, and 135 improve premedical education at the precollege and college level 136 in order to increase this state’s potential pool of medical 137 students. 138 (d) Develop strategies to ensure that the number of 139 graduates from the state’s public and private allopathic and 140 osteopathic medical schools is adequate to meet physician 141 workforce needs, based on the analysis of the physician 142 workforce data, so as to provide a high-quality medical 143 education to students in a manner that recognizes the uniqueness 144 of each new and existing medical school in this state. 145 (e) Pursue strategies and policies to create, expand, and 146 maintain graduate medical education positions in the state based 147 on the analysis of the physician workforce data. Such strategies 148 and policies must take into account the effect of federal 149 funding limitations on the expansion and creation of positions 150 in graduate medical education. The department shall develop 151 options to address such federal funding limitations. The 152 department shall consider options to provide direct state 153 funding for graduate medical education positions in a manner 154 that addresses requirements and needs relative to accreditation 155 of graduate medical education programs. The department shall 156 consider funding residency positions as a means of addressing 157 needed physician specialty areas, rural areas having a shortage 158 of physicians, and areas of ongoing critical need, and as a 159 means of addressing the state’s physician workforce needs based 160 on an ongoing analysis of physician workforce data. 161 (f) Develop strategies to maximize federal and state programs 162 that provide for the use of incentives to attract physicians to 163 this state or retain physicians within the state. Such 164 strategies should explore and maximize federal-state 165 partnerships that provide incentives for physicians to practice 166 in federally designated shortage areas, in otherwise medically 167 underserved areas, or in rural areas. Strategies shall also 168 consider the use of state programs, such as the Medical 169 Education Reimbursement and Loan Repayment Program pursuant to 170 s. 1009.65, which provide for education loan repayment or loan 171 forgiveness and provide monetary incentives for physicians to 172 relocate to underserved areas of the state. 173 (g) Coordinate and enhance activities relative to physician 174 workforce needs, undergraduate medical education, graduate 175 medical education, and reentry of retired military and other 176 physicians into the physician workforce provided by the Division 177 of Medical Quality Assurance, area health education center 178 networks established pursuant to s. 381.0402, and other offices 179 and programs within the department as designated by the State 180 Surgeon General. 181 (h) Work in conjunction with and act as a coordinating body 182 for governmental and nongovernmental stakeholders to address 183 matters relating to the state’s physician workforce assessment 184 and development for the purpose of ensuring an adequate supply 185 of well-trained physicians to meet the state’s future needs. 186 Such governmental stakeholders shall include, but need not be 187 limited to, the State Surgeon General or his or her designee, 188 the Commissioner of Education or his or her designee, the 189 Secretary of Health Care Administration or his or her designee, 190 and the Chancellor of the State University System or his or her 191 designee, and, at the discretion of the department, other 192 representatives of state and local agencies that are involved in 193 assessing, educating, or training the state’s current or future 194 physicians. Other stakeholders shall include, but need not be 195 limited to, organizations representing the state’s public and 196 private allopathic and osteopathic medical schools; 197 organizations representing hospitals and other institutions 198 providing health care, particularly those that currently provide 199 or have an interest in providing accredited medical education 200 and graduate medical education to medical students and medical 201 residents; organizations representing allopathic and osteopathic 202 practicing physicians; and, at the discretion of the department, 203 representatives of other organizations or entities involved in 204 assessing, educating, or training the state’s current or future 205 physicians. 206 (i) Serve as a liaison with other states and federal 207 agencies and programs in order to enhance resources available to 208 the state’s physician workforce and medical education continuum. 209 (j) Act as a clearinghouse for collecting and disseminating 210 information concerning the physician workforce and medical 211 education continuum in this state. 212 213 The department may adopt rules to implement this subsection, 214 including rules to establish guidelines to implement the federal 215 Conrad 30 Waiver Program created under s. 214(1) of the 216 Immigration and Nationality Act. 217 Section 2. Paragraph (a) of subsection (1) of section 218 456.013, Florida Statutes, is amended to read: 219 456.013 Department; general licensing provisions.— 220 (1)(a) Any person desiring to be licensed in a profession 221 within the jurisdiction of the department shall apply to the 222 department in writingto take the licensure examination. The 223 application shall be made on a form prepared and furnished by 224 the department. The application form must be available on the 225 Internet,World Wide Weband the department may accept 226 electronically submitted applications. The application shall 227 require the social security number and date of birth of the 228 applicant, except as provided in paragraphs (b) and (c). The 229 form shall be supplemented as needed to reflect any material 230 change in any circumstance or condition stated in the 231 application which takes place between the initial filing of the 232 application and the final grant or denial of the license and 233 which might affect the decision of the department. If an 234 application is submitted electronically, the department may 235 require supplemental materials, including an original signature 236 of the applicant and verification of credentials, to be 237 submitted in a nonelectronic format. An incomplete application 238 shall expire 1 year after initial filing. In order to further 239 the economic development goals of the state, and notwithstanding 240 any law to the contrary, the department may enter into an 241 agreement with the county tax collector for the purpose of 242 appointing the county tax collector as the department’s agent to 243 accept applications for licenses and applications for renewals 244 of licenses. The agreement must specify the time within which 245 the tax collector must forward any applications and accompanying 246 application fees to the department. 247 Section 3. Section 458.3312, Florida Statutes, is amended 248 to read: 249 458.3312 Specialties.—A physician licensed under this 250 chapter may not hold himself or herself out as a board-certified 251 specialist unless the physician has received formal recognition 252 as a specialist from a specialty board of the American Board of 253 Medical Specialties or other recognizing agency that has been 254 approved by the board. However, a physician may indicate the 255 services offered and may state that his or her practice is 256 limited to one or more types of services when this accurately 257 reflects the scope of practice of the physician.A physician may258not hold himself or herself out as a board-certified specialist259in dermatology unless the recognizing agency, whether authorized260in statute or by rule, is triennially reviewed and reauthorized261by the Board of Medicine.262 Section 4. Subsection (1) of section 459.0055, Florida 263 Statutes, is amended to read: 264 459.0055 General licensure requirements.— 265 (1) Except as otherwise provided herein, any person 266 desiring to be licensed or certified as an osteopathic physician 267 pursuant to this chapter shall: 268 (a) Complete an application form and submit the appropriate 269 fee to the department; 270 (b) Be at least 21 years of age; 271 (c) Be of good moral character; 272 (d) Have completed at least 3 years of preprofessional 273 postsecondary education; 274 (e) Have not previously committed any act that would 275 constitute a violation of this chapter, unless the board 276 determines that such act does not adversely affect the 277 applicant’s present ability and fitness to practice osteopathic 278 medicine; 279 (f) Not be under investigation in any jurisdiction for an 280 act that would constitute a violation of this chapter. If, upon 281 completion of such investigation, it is determined that the 282 applicant has committed an act that would constitute a violation 283 of this chapter, the applicant is ineligible for licensure 284 unless the board determines that such act does not adversely 285 affect the applicant’s present ability and fitness to practice 286 osteopathic medicine; 287 (g) Have not had an application for a license to practice 288 osteopathic medicine denied or a license to practice osteopathic 289 medicine revoked, suspended, or otherwise acted against by the 290 licensing authority of any jurisdiction unless the board 291 determines that the grounds on which such action was taken do 292 not adversely affect the applicant’s present ability and fitness 293 to practice osteopathic medicine. A licensing authority’s 294 acceptance of a physician’s relinquishment of license, 295 stipulation, consent order, or other settlement, offered in 296 response to or in anticipation of the filing of administrative 297 charges against the osteopathic physician, shall be considered 298 action against the osteopathic physician’s license; 299 (h) Not have received less than a satisfactory evaluation 300 from an internship, residency, or fellowship training program, 301 unless the board determines that such act does not adversely 302 affect the applicant’s present ability and fitness to practice 303 osteopathic medicine. Such evaluation shall be provided by the 304 director of medical education from the medical training 305 facility; 306 (i) Have met the criteria set forth in s. 459.0075, s. 307 459.0077, or s. 459.021, whichever is applicable; 308 (j) Submit to the department a set of fingerprints on a 309 form and under procedures specified by the department, along 310 with a payment in an amount equal to the costs incurred by the 311 Department of Health for the criminal background check of the 312 applicant; 313 (k) Demonstrate that he or she is a graduate of a medical 314 college recognized and approved by the American Osteopathic 315 Association; 316 (l) Demonstrate that she or he has successfully completed 317 an internship or residencya resident internshipof not less 318 than 12 months in a program accreditedhospital approvedfor 319 this purpose bythe Board of Trustees ofthe American 320 Osteopathic Association or the Accreditation Council for 321 Graduate Medical Educationany other internship program approved322by the board upon a showing of good cause by the applicant. This 323 requirement may be waived for an applicant who matriculated in a 324 college of osteopathic medicine during or before 1948; and 325 (m) Demonstrate that she or he has obtained a passing 326 score, as established by rule of the board, on all parts of the 327 examination conducted by the National Board of Osteopathic 328 Medical Examiners or other examination approved by the board no 329 more than 5 years before making application in this state or, if 330 holding a valid active license in another state, that the 331 initial licensure in the other state occurred no more than 5 332 years after the applicant obtained a passing score on the 333 examination conducted by the National Board of Osteopathic 334 Medical Examiners or other substantially similar examination 335 approved by the board. 336 Section 5. Subsection (1) of section 460.408, Florida 337 Statutes, is amended to read: 338 460.408 Continuing chiropractic education.— 339 (1) The board shall require licensees to periodically 340 demonstrate their professional competence as a condition of 341 renewal of a license by completing up to 40 contact classroom 342 hours of continuing education. For purposes of this subsection, 343 the term “contact classroom hour” means a presentation in which 344 the persons presenting and the persons attending the course are 345 present on site. Up to 10 general credit continuing education 346 hours may be completed online in place of contact classroom 347 hours, as determined by board rule. Online continuing education 348 courses must be competency-based and must use the Shareable 349 Content Objective Reference Model standard or more stringent 350 standards, as determined by the board. 351 (a) Continuing education courses sponsored by chiropractic 352 colleges whose graduates are eligible for examination underany353provision ofthis chapter may be approved upon review by the 354 board if all other requirements of board rules setting forth 355 criteria for course approval are met. 356 (b) The board shall approve those courses that build upon 357 the basic courses required for the practice of chiropractic 358 medicine,andthe boardmay also approve courses in adjunctive 359 modalities. Courses that consist of instruction in the use, 360 application, prescription, recommendation, or administration of 361 a specific company’s brand of products or services are not 362 eligible for approval. 363 Section 6. Section 460.4166, Florida Statutes, is repealed. 364 Section 7. Section 464.202, Florida Statutes, is amended to 365 read: 366 464.202 Duties and powers of the board.—The board shall 367 maintain, or contract with or approve another entity to 368 maintain, a state registry of certified nursing assistants. The 369 registry must consist of the name of each certified nursing 370 assistant in this state; other identifying information defined 371 by board rule; certification status; the effective date of 372 certification; other information required by state or federal 373 law; information regarding any crime or any abuse, neglect, or 374 exploitation as provided under chapter 435; and any disciplinary 375 action taken against the certified nursing assistant. The 376 registry shall be accessible to the public, the 377 certificateholder, employers, and other state agencies. The 378 board shall adopt by rule testing procedures for use in 379 certifying nursing assistants and shall adopt rules regulating 380 the practice of certified nursing assistants, including 381 disciplinary procedures and standards of practice, and 382 specifying the scope of practice authorized and the level of 383 supervision required for the practice of certified nursing 384 assistants. The board may contract with or approve another 385 entity or organization to provide the examination services, 386 including the development and administration of examinations. 387 The board shall require that the contract provider offer 388 certified nursing assistant applications via the Internet, and 389 may require the contract provider to accept certified nursing 390 assistant applications for processing via the Internet. The 391 board shall require the contract provider to provide the 392 preliminary results of the certified nursing examination on the 393 date the test is administered. The provider shall pay all 394 reasonable costs and expenses incurred by the board in 395 evaluating the provider’s application and performance during the 396 delivery of services, including examination services and 397 procedures for maintaining the certified nursing assistant 398 registry. 399 Section 8. Paragraph (c) of subsection (1) of section 400 464.203, Florida Statutes, is amended to read: 401 464.203 Certified nursing assistants; certification 402 requirement.— 403 (1) The board shall issue a certificate to practice as a 404 certified nursing assistant to any person who demonstrates a 405 minimum competency to read and write and successfully passes the 406 required background screening pursuant to s. 400.215. If the 407 person has successfully passed the required background screening 408 pursuant to s. 400.215 or s. 408.809 within 90 days before 409 applying for a certificate to practice and the person’s 410 background screening results are not retained in the 411 clearinghouse created under s. 435.12, the board shall waive the 412 requirement that the applicant successfully pass an additional 413 background screening pursuant to s. 400.215. The person must 414 also meet one of the following requirements: 415 (c) Is currently certified in another state or territory of 416 the United States or in the District of Columbia; is listed on 417 that jurisdiction’sstate’scertified nursing assistant 418 registry; and has not been found to have committed abuse, 419 neglect, or exploitation in that jurisdictionstate. 420 Section 9. Paragraph (b) of subsection (1) of section 421 464.204, Florida Statutes, is amended to read: 422 464.204 Denial, suspension, or revocation of certification; 423 disciplinary actions.— 424 (1) The following acts constitute grounds for which the 425 board may impose disciplinary sanctions as specified in 426 subsection (2): 427 (b)IntentionallyViolating any provision of this chapter, 428 chapter 456, or the rules adopted by the board. 429 Section 10. Paragraph (b) of subsection (3) and subsection 430 (4) of section 466.006, Florida Statutes, are amended to read: 431 466.006 Examination of dentists.— 432 (3) If an applicant is a graduate of a dental college or 433 school not accredited in accordance with paragraph (2)(b) or of 434 a dental college or school not approved by the board, the 435 applicant is not entitled to take the examinations required in 436 this section to practice dentistry until she or he satisfies one 437 of the following: 438 (b) Submits proof of having successfully completed at least 439 2 consecutive academic years at a full-time supplemental general 440 dentistry program accredited by the American Dental Association 441 Commission on Dental Accreditation. This program must provide 442 didactic and clinical education at the level of a D.D.S. or 443 D.M.D. program accredited by the American Dental Association 444 Commission on Dental Accreditation. For purposes of this 445 paragraph, a supplemental general dentistry program does not 446 include an advanced education program in a dental specialty. 447 (4) Notwithstanding any other provision of law in chapter 448 456 pertaining to the clinical dental licensure examination or 449 national examinations, to be licensed as a dentist in this 450 state, an applicant must successfully complete both of the 451 following: 452 (a) A written examination on the laws and rules of the 453 state regulating the practice of dentistry.;454 (b)1.A practical or clinical examination, which mustshall455 be the American Dental Licensing Examination produced by the 456 American Board of Dental Examiners, Inc., or its successor 457 entity, if any, that is administered in this stateand graded by458dentists licensed in this state and employed by the department459for just such purpose, provided that the board has attained, and 460 continues to maintain thereafter, representation on the board of 461 directors of the American Board of Dental Examiners, the 462 examination development committee of the American Board of 463 Dental Examiners, and such other committees of the American 464 Board of Dental Examiners as the board deems appropriate by rule 465 to assure that the standards established herein are maintained 466 organizationally. A passing score on the American Dental 467 Licensing Examination administered in this stateand graded by468dentists who are licensed in this stateis valid for 365 days 469 after the date the official examination results are published. 470 1.2.a.As an alternative to such practical or clinical 471 examinationthe requirements of subparagraph 1., an applicant 472 may submit scores from an American Dental Licensing Examination 473 previously administered in a jurisdiction other than this state 474 after October 1, 2011, and such examination results shall be 475 recognized as valid for the purpose of licensure in this state. 476 A passing score on the American Dental Licensing Examination 477 administered out-of-state shall be the same as the passing score 478 for the American Dental Licensing Examination administered in 479 this stateand graded by dentists who are licensed in this480state. The examination results are valid for 365 days after the 481 date the official examination results are published. The 482 applicant must have completed the examination after October 1, 483 2011. 484b.This subparagraph may not be given retroactive 485 application. 486 2.3.If the date of an applicant’s passing American Dental 487 Licensing Examination scores from an examination previously 488 administered in a jurisdiction other than this state under 489 subparagraph 1.subparagraph 2.is older than 365 days,then490 such scores areshallneverthelessbe recognized asvalid for 491 the purpose of licensure in this state, but only if the 492 applicant demonstrates that all of the following additional 493 standards have been met: 494 a.(I)The applicant completed the American Dental Licensing 495 Examination after October 1, 2011. 496(II)This sub-subparagraph may not be given retroactive 497 application; 498 b. The applicant graduated from a dental school accredited 499 by the American Dental Association Commission on Dental 500 Accreditation or its successor entity, if any, or any other 501 dental accrediting organization recognized by the United States 502 Department of Education. Provided, however, if the applicant did 503 not graduate from such a dental school, the applicant may submit 504 proof of having successfully completed a full-time supplemental 505 general dentistry program accredited by the American Dental 506 Association Commission on Dental Accreditation of at least 2 507 consecutive academic years at such accredited sponsoring 508 institution. Such program must provide didactic and clinical 509 education at the level of a D.D.S. or D.M.D. program accredited 510 by the American Dental Association Commission on Dental 511 Accreditation. For purposes of this paragraph, a supplemental 512 general dentistry program does not include an advanced education 513 program in a dental specialty; 514 c. The applicant currently possesses a valid and active 515 dental license in good standing, with no restriction, which has 516 never been revoked, suspended, restricted, or otherwise 517 disciplined, from another state or territory of the United 518 States, the District of Columbia, or the Commonwealth of Puerto 519 Rico; 520 d. The applicant submits proof that he or she has never 521 been reported to the National Practitioner Data Bank, the 522 Healthcare Integrity and Protection Data Bank, or the American 523 Association of Dental Boards Clearinghouse. This sub 524 subparagraph does not apply if the applicant successfully 525 appealed to have his or her name removed from the data banks of 526 these agencies; 527 e.(I)(A)In the 5 years immediately preceding the date of528application for licensure in this state,The applicant submits 529must submitproof of having been consecutively engaged in the 530 full-time practice of dentistry in another state or territory of 531 the United States, the District of Columbia, or the Commonwealth 532 of Puerto Rico in the 5 years immediately preceding the date of 533 application for licensure in this state;,or,534 (B) If the applicant has been licensed in another state or 535 territory of the United States, the District of Columbia, or the 536 Commonwealth of Puerto Rico for less than 5 years, the applicant 537 submitsmust submitproof of having been engaged in the full 538 time practice of dentistry since the date of his or her initial 539 licensure. 540 (II) As used in this section, “full-time practice” is 541 defined as a minimum of 1,200 hours per year for each and every 542 year in the consecutive 5-year period or, where applicable, the 543 period since initial licensure, and must include any combination 544 of the following: 545 (A) Active clinical practice of dentistry providing direct 546 patient care. 547 (B) Full-time practice as a faculty member employed by a 548 dental or dental hygiene school approved by the board or 549 accredited by the American Dental Association Commission on 550 Dental Accreditation. 551 (C) Full-time practice as a student at a postgraduate 552 dental education program approved by the board or accredited by 553 the American Dental Association Commission on Dental 554 Accreditation. 555 (III) The board shall develop rules to determine what type 556 of proof of full-time practice is required and to recoup the 557 cost to the board of verifying full-time practice under this 558 section. Such proof must, at a minimum, be: 559 (A) Admissible as evidence in an administrative proceeding; 560 (B) Submitted in writing; 561 (C) Submitted by the applicant under oath with penalties of 562 perjury attached; 563 (D) Further documented by an affidavit of someone unrelated 564 to the applicant who is familiar with the applicant’s practice 565 and testifies with particularity that the applicant has been 566 engaged in full-time practice; and 567 (E) Specifically found by the board to be both credible and 568 admissible. 569 (IV) An affidavit of only the applicant is not acceptable 570 proof of full-time practice unless it is further attested to by 571 someone unrelated to the applicant who has personal knowledge of 572 the applicant’s practice. If the board deems it necessary to 573 assess credibility or accuracy, the board may require the 574 applicant or the applicant’s witnesses to appear before the 575 board and give oral testimony under oath; 576 f. The applicant submitsmust submitdocumentation that he 577 or she has completed, or will complete, prior to licensure in 578 this state, continuing education equivalent to this state’s 579 requirements for the last full reporting biennium; 580 g. The applicant provesmust provethat he or she has never 581 been convicted of, or pled nolo contendere to, regardless of 582 adjudication, any felony or misdemeanor related to the practice 583 of a health care profession in any jurisdiction; 584 h. The applicant hasmustsuccessfully passedpassa 585 written examination on the laws and rules of this state 586 regulating the practice of dentistry andmust successfully pass587 the computer-based diagnostic skills examination; and 588 i. The applicant submitsmust submitdocumentation that he 589 or she has successfully completed the applicable examination 590 administered by the Joint Commission on National Dental 591 Examinations or its successor organizationNational Board of592Dental Examiners dental examination. 593 Section 11. Paragraph (b) of subsection (4) and paragraph 594 (a) of subsection (6) of section 466.007, Florida Statutes, are 595 amended to read: 596 466.007 Examination of dental hygienists.— 597 (4) Effective July 1, 2012, to be licensed as a dental 598 hygienist in this state, an applicant must successfully complete 599 the following: 600 (b) A practical or clinical examination approved by the 601 board. The examination shall be the Dental Hygiene Examination 602 produced by the American Board of Dental Examiners, Inc. (ADEX) 603 or its successor entity, if any, if the board finds that the 604 successor entity’s clinical examination meets or exceeds the 605 provisions of this section. The board shall approve the ADEX 606 Dental Hygiene Examination if the board has attained and 607 continues to maintain representation on the ADEX House of 608 Representatives, the ADEX Dental Hygiene Examination Development 609 Committee, and such other ADEX Dental Hygiene committees as the 610 board deems appropriate through rulemaking to ensure that the 611 standards established in this section are maintained 612 organizationally. The ADEX Dental Hygiene Examination or the 613 examination produced by its successor entity is a comprehensive 614 examination in which an applicant must demonstrate skills within 615 the dental hygiene scope of practice on a live patient and any 616 other components that the board deems necessary for the 617 applicant to successfully demonstrate competency for the purpose 618 of licensure.The ADEX Dental Hygiene Examination or the619examination by the successor entity administered in this state620shall be graded by dentists and dental hygienists licensed in621this state who are employed by the department for this purpose.622 (6)(a) A passing score on the ADEX Dental Hygiene 623 Examination administered out of state mustshallbe considered 624 the same as a passing score for the ADEX Dental Hygiene 625 Examination administered in this stateand graded by licensed626dentists and dental hygienists. 627 Section 12. Subsections (9) through (15) are added to 628 section 466.017, Florida Statutes, to read: 629 466.017 Prescription of drugs; anesthesia.— 630 (9) Any adverse incident that occurs in an office 631 maintained by a dentist must be reported to the department. The 632 required notification to the department must be submitted in 633 writing by certified mail and postmarked within 48 hours after 634 the incident occurs. 635 (10) A dentist practicing in this state must notify the 636 board in writing by certified mail within 48 hours after any 637 adverse incident that occurs in the dentist’s outpatient 638 facility. A complete written report must be filed with the board 639 within 30 days after the incident occurs. 640 (11) Any certified registered dental hygienist 641 administering local anesthesia must notify the board in writing 642 by registered mail within 48 hours of any adverse incident that 643 was related to or the result of the administration of local 644 anesthesia. A complete written report must be filed with the 645 board within 30 days after the mortality or other adverse 646 incident. 647 (12) A failure by the dentist or dental hygienist to timely 648 and completely comply with all the reporting requirements in 649 this section is the basis for disciplinary action by the board 650 pursuant to s. 466.028(1). 651 (13) The department shall review each adverse incident and 652 determine whether it involved conduct by a health care 653 professional subject to disciplinary action, in which case s. 654 456.073 applies. Disciplinary action, if any, shall be taken by 655 the board under which the health care professional is licensed. 656 (14) As used in subsections (9)-(13), the term “adverse 657 incident” means any mortality that occurs during or as the 658 result of a dental procedure, or an incident that results in a 659 temporary or permanent physical or mental injury that requires 660 hospitalization or emergency room treatment of a dental patient 661 which occurs during or as a direct result of the use of general 662 anesthesia, deep sedation, moderate sedation, pediatric moderate 663 sedation, oral sedation, minimal sedation (anxiolysis), nitrous 664 oxide, or local anesthesia. 665 (15) The board may adopt rules to administer this section. 666 Section 13. Section 466.031, Florida Statutes, is amended 667 to read: 668 466.031 “Dental laboratory” defined.—As used in this 669 chapter, the term “dental laboratory”as used in this chapter:670(1)includes any person, firm, or corporation thatwho671 performs for a fee of any kind, gratuitously, or otherwise, 672 directly or through an agent or an employee, by any means or 673 method, orwho in any waysupplies or manufactures artificial 674 substitutes for the natural teeth;, or whofurnishes, supplies, 675 constructs, or reproduces or repairs any prosthetic denture, 676 bridge, or appliance to be worn in the human mouth; provides 677 onsite consultation during dental procedures; orwhoin any way 678 representsholdsitselfoutas a dental laboratory. 679(2)The term does not include aExcludes anydental 680 laboratory technician who constructs or repairs dental 681 prosthetic appliances in the office of a licensed dentist 682 exclusively for thatsuchdentistonly andunder her or his 683 supervision and work order. 684 Section 14. Section 466.036, Florida Statutes, is amended 685 to read: 686 466.036 Information; periodic inspections; equipment and 687 supplies.—The department may require from the applicant for a 688 registration certificate to operate a dental laboratory any 689 information necessary to carry out the purpose of this chapter, 690 including proof that the applicant has the equipment and 691 supplies necessary to operate as determined by rule of the 692 department, and shall require periodic inspection of all dental 693 laboratories operating in this state at least once each biennial 694 registration period. Such inspections mustshallinclude, but 695 need not be limited to, inspection of sanitary conditions, 696 equipment, supplies, and facilities on the premises. The 697 department shall specify dental equipment and supplies that are 698 not allowedpermittedin a registered dental laboratory. 699 Section 15. Subsection (1) of section 468.701, Florida 700 Statutes, is amended to read: 701 468.701 Definitions.—As used in this part, the term: 702 (1) “Athletic trainer” means a person licensed under this 703 part who has met the requirements ofunderthis part, including 704 the education requirements establishedas set forthby the 705 Commission on Accreditation of Athletic Training Education or 706 its successor organization and necessary credentials from the 707 Board of Certification.An individual who is licensed as an708athletic trainer may not provide, offer to provide, or represent709that he or she is qualified to provide any care or services that710he or she lacks the education, training, or experience to711provide, or that he or she is otherwise prohibited by law from712providing.713 Section 16. Section 468.707, Florida Statutes, is amended 714 to read: 715 468.707 Licensure requirements.—Any person desiring to be 716 licensed as an athletic trainer shall apply to the department on 717 a form approved by the department. An applicant shall also 718 provide records or other evidence, as determined by the board, 719 to prove he or she has met the requirements of this section. The 720 department shall license each applicant who: 721 (1) Has completed the application form and remitted the 722 required fees. 723 (2)For a person who applies on or after July 1, 2016,Has 724 submitted to background screening pursuant to s. 456.0135. The 725 board may require a background screening for an applicant whose 726 license has expired or who is undergoing disciplinary action. 727 (3)(a) Has obtained, at a minimum, a baccalaureateor728higherdegree from a college or university professional athletic 729 training degree program accredited by the Commission on 730 Accreditation of Athletic Training Education or its successor 731 organization recognized and approved by the United States 732 Department of Education or the Commission on Recognition of 733 Postsecondary Accreditation, approved by the board, or 734 recognized by the Board of Certification, and has passed the 735 national examination to be certified by the Board of 736 Certification; or.737 (b)(4)Has obtained, at a minimum, a bachelor’s degree, has 738 completed the Board of Certification internship requirements, 739 andIf graduated before 2004,has a current certification from 740 the Board of Certification. 741 (4)(5)Has current certification in both cardiopulmonary 742 resuscitation and the use of an automated external defibrillator 743 set forth in the continuing education requirements as determined 744 by the board pursuant to s. 468.711. 745 (5)(6)Has completed any other requirements as determined 746 by the department and approved by the board. 747 Section 17. Subsection (3) of section 468.711, Florida 748 Statutes, is amended to read: 749 468.711 Renewal of license; continuing education.— 750 (3) If initially licensed after January 1, 1998, the 751 licensee must be currently certified by the Board of 752 Certification or its successor agency and maintain that 753 certification in good standing without lapse. 754 Section 18. Section 468.713, Florida Statutes, is amended 755 to read: 756 468.713 Responsibilities of athletic trainers.— 757 (1) An athletic trainer shall practice under the direction 758 of a physician licensed under chapter 458, chapter 459, chapter 759 460, or otherwise authorized by Florida law to practice 760 medicine. The physician shall communicate his or her direction 761 through oral or written prescriptions or protocols as deemed 762 appropriate by the physician for the provision of services and 763 care by the athletic trainer. An athletic trainer shall provide 764 service or care in the manner dictated by the physician. 765 (2) An athletic trainer shall work within his or her 766 allowable scope of practice as specified in board rule under s. 767 468.705. An athletic trainer may not provide, offer to provide, 768 or represent that he or she is qualified to provide any care or 769 services that he or she lacks the education, training, or 770 experience to provide, or that he or she is otherwise prohibited 771 by law from providing. 772 Section 19. Subsection (2) of section 468.723, Florida 773 Statutes, is amended to read: 774 468.723 Exemptions.—This part does not prohibitpreventor 775 restrict: 776 (2) An athletic training student acting under the direct 777 supervision of a licensed athletic trainer. For purposes of this 778 subsection, “direct supervision” means the physical presence of 779 an athletic trainer so that the athletic trainer is immediately 780 available to the athletic training student and able to intervene 781 on behalf of the athletic training student. The supervision must 782 comply with board rulein accordance withthe standards set783forth by the Commission on Accreditation of Athletic Training784Education or its successor. 785 Section 20. Subsections (1), (3), and (4) of section 786 468.803, Florida Statutes, are amended to read: 787 468.803 License, registration, and examination 788 requirements.— 789 (1) The department shall issue a license to practice 790 orthotics, prosthetics, or pedorthics, or a registration for a 791 resident to practice orthotics or prosthetics, to qualified 792 applicants. Licenses to practiceshall be granted independently793inorthotics, prosthetics, or pedorthics shall be granted 794 independently, but a person may be licensed in more than one 795 such discipline, and a prosthetist-orthotist license may be 796 granted to persons meeting the requirements for licensure both 797 as a prosthetist and as an orthotistlicense. Registrations to 798 practiceshall be granted independentlyinorthotics or 799 prosthetics shall be granted independently, and a person may be 800 registered in both disciplinesfieldsat the same time or 801 jointly in orthotics and prosthetics as a dual registration. 802 (3) A person seeking to attain therequiredorthotics or 803 prosthetics experience required for licensure in this state must 804 be approved by the board and registered as a resident by the 805 department. Although a registration may be held in both 806 disciplinespractice fields, for independent registrations the 807 board mayshallnot approve a second registration foruntilat 808 least 1 year after the issuance of the first registration. 809 Notwithstanding subsection (2), a personan applicantwho has 810 been approved by the board and registered by the department in 811 one disciplinepractice fieldmay apply for registration in the 812 second disciplinepractice fieldwithout an additional state or 813 national criminal history check during the period in which the 814 first registration is valid. Each independent registration or 815 dual registration is valid for 2 years afterfromthe date of 816 issuance unless otherwise revoked by the department upon 817 recommendation of the board. The board shall set a registration 818 fee not to exceed $500 to be paid by the applicant. A 819 registration may be renewed once by the department upon 820 recommendation of the board for a period no longer than 1 year, 821 as such renewal is defined by the board by rule. The 822registrationrenewal fee mayshallnot exceed one-half the 823 current registration fee. To be considered by the board for 824 approval of registration as a resident, the applicant must have 825 one of the following: 826 (a) A Bachelor of Science or higher-level postgraduate 827 degree in Orthotics and Prosthetics from a regionally accredited 828 college or university recognized by the Commission on 829 Accreditation of Allied Health Education Programs.or, at830 (b) A minimum,of a bachelor’s degree from a regionally 831 accredited college or university and a certificate in orthotics 832 or prosthetics from a program recognized by the Commission on 833 Accreditation of Allied Health Education Programs, or its 834 equivalent, as determined by the board.;or835 (c) A minimum of a bachelor’s degree from a regionally 836 accredited college or university and a dual certificate in both 837 orthotics and prosthetics from programs recognized by the 838 Commission on Accreditation of Allied Health Education Programs, 839 or its equivalent, as determined by the board. 840(b)A Bachelor of Science or higher-level postgraduate841degree in Orthotics and Prosthetics from a regionally accredited842college or university recognized by the Commission on843Accreditation of Allied Health Education Programs or, at a844minimum, a bachelor’s degree from a regionally accredited845college or university and a certificate in prosthetics from a846program recognized by the Commission on Accreditation of Allied847Health Education Programs, or its equivalent, as determined by848the board.849 (4) The department may develop and administer a state 850 examination for an orthotist or a prosthetist license, or the 851 board may approve the existing examination of a national 852 standards organization. The examination must be predicated on a 853 minimum of a baccalaureate-level education and formalized 854 specialized training in the appropriate field. Each examination 855 must demonstrate a minimum level of competence in basic 856 scientific knowledge, written problem solving, and practical 857 clinical patient management. The board shall require an 858 examination fee not to exceed the actual cost to the board in 859 developing, administering, and approving the examination, which 860 fee must be paid by the applicant. To be considered by the board 861 for examination, the applicant must have: 862 (a) For an examination in orthotics: 863 1. A Bachelor of Science or higher-level postgraduate 864 degree in Orthotics and Prosthetics from a regionally accredited 865 college or university recognized by the Commission on 866 Accreditation of Allied Health Education Programs or, at a 867 minimum, a bachelor’s degree from a regionally accredited 868 college or university and a certificate in orthotics from a 869 program recognized by the Commission on Accreditation of Allied 870 Health Education Programs, or its equivalent, as determined by 871 the board; and 872 2. An approved orthotics internship of 1 year of qualified 873 experience, as determined by the board, or an orthotic residency 874 or dual residency program recognized by the board. 875 (b) For an examination in prosthetics: 876 1. A Bachelor of Science or higher-level postgraduate 877 degree in Orthotics and Prosthetics from a regionally accredited 878 college or university recognized by the Commission on 879 Accreditation of Allied Health Education Programs or, at a 880 minimum, a bachelor’s degree from a regionally accredited 881 college or university and a certificate in prosthetics from a 882 program recognized by the Commission on Accreditation of Allied 883 Health Education Programs, or its equivalent, as determined by 884 the board; and 885 2. An approved prosthetics internship of 1 year of 886 qualified experience, as determined by the board, or a 887 prosthetic residency or dual residency program recognized by the 888 board. 889 Section 21. Subsection (5) of section 480.033, Florida 890 Statutes, is amended to read: 891 480.033 Definitions.—As used in this act: 892 (5) “Apprentice” means a person approved by the board to 893 study colonic irrigationmassageunder the instruction of a 894 licensed massage therapist practicing colonic irrigation. 895 Section 22. Subsections (1) and (2) of section 480.041, 896 Florida Statutes, are amended, and subsection (8) is added to 897 that section, to read: 898 480.041 Massage therapists; qualifications; licensure; 899 endorsement.— 900 (1) Any person is qualified for licensure as a massage 901 therapist under this act who: 902 (a) Is at least 18 years of age or has received a high 903 school diploma or high school equivalency diploma; 904 (b) Has completed a course of study at a board-approved 905 massage schoolor has completed an apprenticeship programthat 906 meets standards adopted by the board; and 907 (c) Has received a passing grade on a nationalan908 examination designatedadministeredby the boarddepartment. 909 (2) Every person desiring to be examined for licensure as a 910 massage therapist shall apply to the department in writing upon 911 forms prepared and furnished by the department. Such applicants 912 areshall besubject tothe provisions ofs. 480.046(1). 913Applicants may take an examination administered by the914department only upon meeting the requirements of this section as915determined by the board.916 (8) A person issued a license as a massage apprentice 917 before July 1, 2019, may continue that apprenticeship and 918 perform massage therapy as permitted under that license until it 919 expires. Upon completion of the apprenticeship, which must occur 920 before July 1, 2022, a massage apprentice may apply to the board 921 for full licensure and be granted a license if all other 922 applicable licensure requirements are met. 923 Section 23. Section 480.042, Florida Statutes, is repealed. 924 Section 24. Subsection (3) of section 480.046, Florida 925 Statutes, is amended, and subsection (5) is added to that 926 section, to read: 927 480.046 Grounds for disciplinary action by the board.— 928 (3) The board mayshall have the power torevoke or suspend 929 the license of a massage establishment licensed under this act,930 ortodeny subsequent licensure of such an establishment, if the 931 establishment is owned by an individual or entity that owned 932 another establishment whose license was revoked, upon a showing 933 of proof that, in either of the following cases: 934 (a) The currentUpon proof that alicense has been obtained 935 by fraud or misrepresentation. 936 (b)Upon proof thatThe holder of thealicense is guilty 937 of fraud or deceit or of gross negligence, incompetency, or 938 misconduct in the operation of the currently licensed 939 establishmentso licensed. 940 (c) The owner of the massage establishment or any 941 individual or individuals providing massage therapy services 942 within the establishment, in the aggregate or individually, have 943 had three convictions of, or pleas of guilty or nolo contendere 944 to, or dismissals of a criminal action after a successful 945 completion of a pretrial intervention, diversion, or substance 946 abuse program for any misdemeanor or felony, regardless of 947 adjudication, a crime in any jurisdiction related to 948 prostitution and related acts as defined in s. 796.07, which 949 occurred at or within the currently licensed establishment. 950 (5) An establishment that has been the subject of 951 disciplinary action under this section may not apply for 952 relicensure unless there is a change in ownership. 953 Section 25. Subsection (3) of section 490.003, Florida 954 Statutes, is amended to read: 955 490.003 Definitions.—As used in this chapter: 956 (3)(a)Prior to July 1, 1999, “doctoral-level psychological957education” and “doctoral degree in psychology” mean a Psy.D., an958Ed.D. in psychology, or a Ph.D. in psychology from:9591.An educational institution which, at the time the960applicant was enrolled and graduated, had institutional961accreditation from an agency recognized and approved by the962United States Department of Education or was recognized as a963member in good standing with the Association of Universities and964Colleges of Canada; and9652.A psychology program within that educational institution966which, at the time the applicant was enrolled and graduated, had967programmatic accreditation from an accrediting agency recognized968and approved by the United States Department of Education or was969comparable to such programs.970(b)Effective July 1, 1999, “doctoral-level psychological 971 education” and “doctoral degree in psychology” mean a Psy.D., an 972 Ed.D. in psychology, or a Ph.D. in psychology from:9731.a psychology program within an educational institution 974 thatwhich, at the time the applicant was enrolled and 975 graduated, had institutional accreditation from an agency 976 recognized and approved by the United States Department of 977 Education or was recognized as a member in good standing with 978 the Association of Universities and Colleges of Canada. The 979 psychology program must have had; and9802.Apsychology program within that educational institution981which, at the time the applicant was enrolled and graduated,had982 programmatic accreditation from the American Psychological 983 Associationan agency recognized and approved by the United984States Department of Education. 985 Section 26. Paragraph (b) of subsection (1) and paragraph 986 (b) of subsection (2) of section 490.005, Florida Statutes, are 987 amended to read: 988 490.005 Licensure by examination.— 989 (1) Any person desiring to be licensed as a psychologist 990 shall apply to the department to take the licensure examination. 991 The department shall license each applicant who the board 992 certifies has: 993 (b) Submitted proof satisfactory to the board that the 994 applicant has: 995 1. Received doctoral-level psychological education, as996defined in s. 490.003(3); or 997 2. Received the equivalent of a doctoral-level 998 psychological education, as defined in s. 490.003(3), from a 999 program at a school or university located outside the United 1000 States of Americaand Canada,which was officially recognized by 1001 the government of the country in which it is located as an 1002 institution or program to train students to practice 1003 professional psychology. The applicant has the burden of 1004 establishing that this requirement hasthe requirements of this1005provision havebeen metshall be upon the applicant;10063.Received and submitted to the board, prior to July 1,10071999, certification of an augmented doctoral-level psychological1008education from the program director of a doctoral-level1009psychology program accredited by a programmatic agency1010recognized and approved by the United States Department of1011Education; or10124.Received and submitted to the board, prior to August 31,10132001, certification of a doctoral-level program that at the time1014the applicant was enrolled and graduated maintained a standard1015of education and training comparable to the standard of training1016of programs accredited by a programmatic agency recognized and1017approved by the United States Department of Education. Such1018certification of comparability shall be provided by the program1019director of a doctoral-level psychology program accredited by a1020programmatic agency recognized and approved by the United States1021Department of Education. 1022 (2) Any person desiring to be licensed as a school 1023 psychologist shall apply to the department to take the licensure 1024 examination. The department shall license each applicant who the 1025 department certifies has: 1026 (b) Submitted satisfactory proof to the department that the 1027 applicant: 1028 1. Has received a doctorate, specialist, or equivalent 1029 degree from a program primarily psychological in nature and has 1030 completed 60 semester hours or 90 quarter hours of graduate 1031 study, in areas related to school psychology as defined by rule 1032 of the department, from a college or university which at the 1033 time the applicant was enrolled and graduated was accredited by 1034 an accrediting agency recognized and approved by the Council for 1035 Higher Education Accreditation or its successor organization 1036Commission on Recognition of Postsecondary Accreditationor from 1037 an institution thatwhichispublicly recognized asa member in 1038 good standing with the Association of Universities and Colleges 1039 of Canada. 1040 2. Has had a minimum of 3 years of experience in school 1041 psychology, 2 years of which must be supervised by an individual 1042 who is a licensed school psychologist or who has otherwise 1043 qualified as a school psychologist supervisor, by education and 1044 experience, as set forth by rule of the department. A doctoral 1045 internship may be applied toward the supervision requirement. 1046 3. Has passed an examination provided by the department. 1047 Section 27. Subsection (1) of section 490.006, Florida 1048 Statutes, is amended to read: 1049 490.006 Licensure by endorsement.— 1050 (1) The department shall license a person as a psychologist 1051 or school psychologist who, upon applying to the department and 1052 remitting the appropriate fee, demonstrates to the department 1053 or, in the case of psychologists, to the board that the 1054 applicant: 1055(a)Holds a valid license or certificate in another state1056to practice psychology or school psychology, as applicable,1057provided that, when the applicant secured such license or1058certificate, the requirements were substantially equivalent to1059or more stringent than those set forth in this chapter at that1060time; and, if no Florida law existed at that time, then the1061requirements in the other state must have been substantially1062equivalent to or more stringent than those set forth in this1063chapter at the present time;1064 (a)(b)Is a diplomate in good standing with the American 1065 Board of Professional Psychology, Inc.; or 1066 (b)(c)Possesses a doctoral degree in psychologyas1067described in s. 490.003and has at least 1020years of 1068 experience as a licensed psychologist in any jurisdiction or 1069 territory of the United States within the 25 years preceding the 1070 date of application. 1071 Section 28. Subsection (6) of section 491.0045, Florida 1072 Statutes, as amended by chapter 2016-80 and chapter 2016-241, 1073 Laws of Florida, is amended to read: 1074 491.0045 Intern registration; requirements.— 1075 (6) A registration issued on or before March 31, 2017, 1076 expires March 31, 2022, and may not be renewed or reissued. Any 1077 registration issued after March 31, 2017, expires 60 months 1078 after the date it is issued. The board may make a one-time 1079 exception from the requirements of this subsection in emergency 1080 or hardship cases, as defined by board rule, ifA subsequent1081intern registration may not be issued unlessthe candidate has 1082 passed the theory and practice examination described in s. 1083 491.005(1)(d), (3)(d), and (4)(d). 1084 Section 29. Subsections (3) and (4) of section 491.005, 1085 Florida Statutes, are amended to read: 1086 491.005 Licensure by examination.— 1087 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of 1088 documentation and payment of a fee not to exceed $200, as set by 1089 board rule, plus the actual cost ofto the departmentforthe 1090 purchase of the examination from the Association of Marital and 1091 Family Therapy Regulatory Board, or similar national 1092 organization, the department shall issue a license as a marriage 1093 and family therapist to an applicant who the board certifies: 1094 (a) Has submitted an application and paid the appropriate 1095 fee. 1096 (b)1. Has a minimum of a master’s degree with major 1097 emphasis in marriage and family therapy,or a closely related 1098 field from a program accredited by the Commission on 1099 Accreditation for Marriage and Family Therapy Education or from 1100 a Florida university program accredited by the Council for 1101 Accreditation of Counseling and Related Educational Programs,1102 and graduate courses approved by the Board of Clinical Social 1103 Work, Marriage and Family Therapy, and Mental Health Counseling 1104has completed all of the following requirements:1105a.Thirty-six semester hours or 48 quarter hours of1106graduate coursework, which must include a minimum of 3 semester1107hours or 4 quarter hours of graduate-level course credits in1108each of the following nine areas: dynamics of marriage and1109family systems; marriage therapy and counseling theory and1110techniques; family therapy and counseling theory and techniques;1111individual human development theories throughout the life cycle;1112personality theory or general counseling theory and techniques;1113psychopathology; human sexuality theory and counseling1114techniques; psychosocial theory; and substance abuse theory and1115counseling techniques. Courses in research, evaluation,1116appraisal, assessment, or testing theories and procedures;1117thesis or dissertation work; or practicums, internships, or1118fieldwork may not be applied toward this requirement.1119b.A minimum of one graduate-level course of 3 semester1120hours or 4 quarter hours in legal, ethical, and professional1121standards issues in the practice of marriage and family therapy1122or a course determined by the board to be equivalent.1123c.A minimum of one graduate-level course of 3 semester1124hours or 4 quarter hours in diagnosis, appraisal, assessment,1125and testing for individual or interpersonal disorder or1126dysfunction; and a minimum of one 3-semester-hour or 4-quarter1127hour graduate-level course in behavioral research which focuses1128on the interpretation and application of research data as it1129applies to clinical practice. Credit for thesis or dissertation1130work, practicums, internships, or fieldwork may not be applied1131toward this requirement.1132d.A minimum of one supervised clinical practicum,1133internship, or field experience in a marriage and family1134counseling setting, during which the student provided 180 direct1135client contact hours of marriage and family therapy services1136under the supervision of an individual who met the requirements1137for supervision under paragraph (c). This requirement may be met1138by a supervised practice experience which took place outside the1139academic arena, but which is certified as equivalent to a1140graduate-level practicum or internship program which required a1141minimum of 180 direct client contact hours of marriage and1142family therapy services currently offered within an academic1143program of a college or university accredited by an accrediting1144agency approved by the United States Department of Education, or1145an institution which is publicly recognized as a member in good1146standing with the Association of Universities and Colleges of1147Canada or a training institution accredited by the Commission on1148Accreditation for Marriage and Family Therapy Education1149recognized by the United States Department of Education.1150Certification shall be required from an official of such1151college, university, or training institution. 1152 2. If the course title thatwhichappears on the 1153 applicant’s transcript does not clearly identify the content of 1154 the coursework, the applicant shallbe required toprovide 1155 additional documentation, including, but not limited to, a 1156 syllabus or catalog description published for the course. 1157 1158 The required master’s degree must have been received in an 1159 institution of higher education which, at the time the applicant 1160 graduated, was:fully accredited by a regional accrediting body 1161 recognized by the Commission on Recognition of Postsecondary 1162 Accreditation or;publicly recognized as a member in good 1163 standing with the Association of Universities and Colleges of 1164 Canada,;or an institution of higher education located outside 1165 the United States and Canada,which, at the time the applicant 1166 was enrolled and at the time the applicant graduated, maintained 1167 a standard of training substantially equivalent to the standards 1168 of training of those institutions in the United States which are 1169 accredited by a regional accrediting body recognized by the 1170 Commission on Recognition of Postsecondary Accreditation. Such 1171 foreign education and training must have been received in an 1172 institution or program of higher education officially recognized 1173 by the government of the country in which it is located as an 1174 institution or program to train students to practice as 1175 professional marriage and family therapists or psychotherapists. 1176 The applicant has the burden of establishing that the 1177 requirements of this provision have been metshall be upon the1178applicant, and the board shall require documentation, such as,1179but not limited to,an evaluation by a foreign equivalency 1180 determination service, as evidence that the applicant’s graduate 1181 degree program and education were equivalent to an accredited 1182 program in this country. An applicant with a master’s degree 1183 from a program thatwhichdid not emphasize marriage and family 1184 therapy may complete the coursework requirement in a training 1185 institution fully accredited by the Commission on Accreditation 1186 for Marriage and Family Therapy Education recognized by the 1187 United States Department of Education. 1188 (c) Has had at least 2 years of clinical experience during 1189 which 50 percent of the applicant’s clients were receiving 1190 marriage and family therapy services, which must be at the post 1191 master’s level under the supervision of a licensed marriage and 1192 family therapist with at least 5 years of experience, or the 1193 equivalent, who is a qualified supervisor as determined by the 1194 board. An individual who intends to practice in Florida to 1195 satisfy the clinical experience requirements must register 1196 pursuant to s. 491.0045 before commencing practice. If a 1197 graduate has a master’s degree with a major emphasis in marriage 1198 and family therapy or a closely related field whichthatdid not 1199 include all of the coursework required by subparagraph (b)1. 1200undersub-subparagraphs (b)1.a.-c., credit for the post-master’s 1201 level clinical experience mayshallnot commence until the 1202 applicant has completed a minimum of 10 of the courses required 1203 by subparagraph (b)1.undersub-subparagraphs (b)1.a.-c., as 1204 determined by the board, and at least 6 semester hours or 9 1205 quarter hours of the course credits must have been completed in 1206 the area of marriage and family systems, theories, or 1207 techniques. Within the 23years of required experience, the 1208 applicant shall provide direct individual, group, or family 1209 therapy and counseling,toinclude the following categories of1210 cases including those involving:unmarried dyads, married 1211 couples, separating and divorcing couples, and family groups 1212 that includeincludingchildren. A doctoral internship may be 1213 applied toward the clinical experience requirement. A licensed 1214 mental health professional must be on the premises when clinical 1215 services are provided by a registered intern in a private 1216 practice setting. 1217 (d) Has passed a theory and practice examination provided 1218 by the departmentfor this purpose. 1219 (e) Has demonstrated, in a manner designated by board rule 1220of the board, knowledge of the laws and rules governing the 1221 practice of clinical social work, marriage and family therapy, 1222 and mental health counseling. 1223(f)1224 1225 For the purposes of dual licensure, the department shall license 1226 as a marriage and family therapist any person who meets the 1227 requirements of s. 491.0057. Fees for dual licensure mayshall1228 not exceed those stated in this subsection. 1229 (4) MENTAL HEALTH COUNSELING.—Upon verification of 1230 documentation and payment of a fee not to exceed $200, as set by 1231 board rule, plus the actual per applicant cost ofto the1232department forpurchase of the examination from the National 1233 Board for Certified Counselors or its successorProfessional1234Examination Service for the National Academy of Certified1235Clinical Mental Health Counselors or a similar national1236 organization, the department shall issue a license as a mental 1237 health counselor to an applicant who the board certifies: 1238 (a) Has submitted an application and paid the appropriate 1239 fee. 1240 (b)1. Has a minimum of an earned master’s degree from a 1241 mental health counseling program accredited by the Council for 1242 the Accreditation of Counseling and Related Educational Programs 1243 that consists of at least 60 semester hours or 80 quarter hours 1244 of clinical and didactic instruction, including a course in 1245 human sexuality and a course in substance abuse. If the master’s 1246 degree is earned from a program related to the practice of 1247 mental health counseling that is not accredited by the Council 1248 for the Accreditation of Counseling and Related Educational 1249 Programs, then the coursework and practicum, internship, or 1250 fieldwork must consist of at least 60 semester hours or 80 1251 quarter hours and meet all of the following requirements: 1252 a. Thirty-three semester hours or 44 quarter hours of 1253 graduate coursework, which must include a minimum of 3 semester 1254 hours or 4 quarter hours of graduate-level coursework in each of 1255 the following 11 content areas: counseling theories and 1256 practice; human growth and development; diagnosis and treatment 1257 of psychopathology; human sexuality; group theories and 1258 practice; individual evaluation and assessment; career and 1259 lifestyle assessment; research and program evaluation; social 1260 and cultural foundations; substance abuse; and legal, ethical, 1261 and professional standards issues in the practice of mental 1262 health counselingin community settings; and substance abuse. 1263 Courses in research, thesis or dissertation work, practicums, 1264 internships, or fieldwork may not be applied toward this 1265 requirement. 1266 b. A minimum of 3 semester hours or 4 quarter hours of 1267 graduate-level coursework addressing diagnostic processes, 1268 including differential diagnosis and the use of the current 1269 diagnostic tools, such as the current edition of the American 1270 Psychiatric Association’s Diagnostic and Statistical Manual of 1271 Mental Disorders. The graduate program must have emphasized the 1272 common core curricular experiencein legal, ethical, and1273professional standards issues in the practice of mental health1274counseling, which includes goals, objectives, and practices of1275professional counseling organizations, codes of ethics, legal1276considerations, standards of preparation, certifications and1277licensing, and the role identity and professional obligations of1278mental health counselors. Courses in research, thesis or1279dissertation work, practicums, internships, or fieldwork may not1280be applied toward this requirement. 1281 c. The equivalent, as determined by the board, of at least 1282 7001,000hours of university-sponsored supervised clinical 1283 practicum, internship, or field experience that includes at 1284 least 280 hours of direct client services, as required in the 1285 accrediting standards of the Council for Accreditation of 1286 Counseling and Related Educational Programs for mental health 1287 counseling programs. This experience may not be used to satisfy 1288 the post-master’s clinical experience requirement. 1289 2. Has provided additional documentation if athecourse 1290 title thatwhichappears on the applicant’s transcript does not 1291 clearly identify the content of the coursework.,Theapplicant1292shall be required to provide additionaldocumentation must 1293 include,including,but is not limited to, a syllabus or catalog 1294 description published for the course. 1295 1296 Education and training in mental health counseling must have 1297 been received in an institution of higher education that,which1298 at the time the applicant graduated, was:fully accredited by a 1299 regional accrediting body recognized by the Council for Higher 1300 Education Accreditation or its successor organization or 1301Commission on Recognition of Postsecondary Accreditation;1302 publicly recognized as a member in good standing with the 1303 Association of Universities and Colleges of Canada,;or an 1304 institution of higher education located outside the United 1305 States and Canada,which, at the time the applicant was enrolled 1306 and at the time the applicant graduated, maintained a standard 1307 of training substantially equivalent to the standards of 1308 training of those institutions in the United States which are 1309 accredited by a regional accrediting body recognized by the 1310 Council for Higher Education Accreditation or its successor 1311 organizationCommission on Recognition of Postsecondary1312Accreditation. Such foreign education and training must have 1313 been received in an institution or program of higher education 1314 officially recognized by the government of the country in which 1315 it is located as an institution or program to train students to 1316 practice as mental health counselors. The applicant has the 1317 burden of establishing that the requirements of this provision 1318 have been metshall be upon the applicant, and the board shall 1319 require documentation, such as, but not limited to,an 1320 evaluation by a foreign equivalency determination service, as 1321 evidence that the applicant’s graduate degree program and 1322 education were equivalent to an accredited program in this 1323 country. Beginning July 1, 2024, an applicant must have a 1324 master’s degree from a program that is accredited by the Council 1325 for Accreditation of Counseling and Related Educational Programs 1326 which consists of at least 60 semester hours or 80 quarter hours 1327 to apply for licensure under this paragraph. 1328 (c) Has had at least 2 years of clinical experience in 1329 mental health counseling, which must be at the post-master’s 1330 level under the supervision of a licensed mental health 1331 counselor or the equivalent who is a qualified supervisor as 1332 determined by the board. An individual who intends to practice 1333 in Florida to satisfy the clinical experience requirements must 1334 register pursuant to s. 491.0045 before commencing practice. If 1335 a graduate has a master’s degree with a major related to the 1336 practice of mental health counseling whichthatdid not include 1337 all the coursework required under sub-subparagraphs (b)1.a. and 1338 b.(b)1.a.-b., credit for the post-master’s level clinical 1339 experience mayshallnot commence until the applicant has 1340 completed a minimum of seven of the courses required under sub 1341 subparagraphs (b)1.a. and b.(b)1.a.-b., as determined by the 1342 board, one of which must be a course in psychopathology or 1343 abnormal psychology. A doctoral internship may be applied toward 1344 the clinical experience requirement. A licensed mental health 1345 professional must be on the premises when clinical services are 1346 provided by a registered intern in a private practice setting. 1347 (d) Has passed a theory and practice examination provided 1348 by the department for this purpose. 1349 (e) Has demonstrated, in a manner designated by board rule 1350of the board, knowledge of the laws and rules governing the 1351 practice of clinical social work, marriage and family therapy, 1352 and mental health counseling. 1353 Section 30. Paragraph (b) of subsection (1) of section 1354 491.006, Florida Statutes, is amended to read: 1355 491.006 Licensure or certification by endorsement.— 1356 (1) The department shall license or grant a certificate to 1357 a person in a profession regulated by this chapter who, upon 1358 applying to the department and remitting the appropriate fee, 1359 demonstrates to the board that he or she: 1360 (b)1. Holds an active valid license to practice and has 1361 actively practiced the licensed professionfor which licensure1362is appliedin another state for 3 of the last 5 years 1363 immediately preceding licensure;.13642.Meets the education requirements of this chapter for the1365profession for which licensure is applied.1366 2.3.Has passed a substantially equivalent licensing 1367 examination in another state or has passed the licensure 1368 examination in this state in the profession for which the 1369 applicant seeks licensure; and.1370 3.4.Holds a license in good standing, is not under 1371 investigation for an act that would constitute a violation of 1372 this chapter, and has not been found to have committed any act 1373 that would constitute a violation of this chapter. 1374 1375 The fees paid by any applicant for certification as a master 1376 social worker under this section are nonrefundable. 1377 Section 31. Subsection (3) of section 491.007, Florida 1378 Statutes, is amended to read: 1379 491.007 Renewal of license, registration, or certificate.— 1380(3)The board or department shall prescribe by rule a1381method for the biennial renewal of an intern registration at a1382fee set by rule, not to exceed $100.1383 Section 32. Subsection (2) of section 491.009, Florida 1384 Statutes, is amended to read: 1385 491.009 Discipline.— 1386 (2) The boarddepartment,or, in the case of certified 1387 master social workerspsychologists, the departmentboard,may 1388 enter an order denying licensure or imposing any of the 1389 penalties authorized in s. 456.072(2) against any applicant for 1390 licensure or licensee who is found guilty of violating any 1391 provision of subsection (1) of this section or who is found 1392 guilty of violating any provision of s. 456.072(1). 1393 Section 33. Paragraph (c) of subsection (2) of section 1394 491.0046, Florida Statutes, is amended to read: 1395 491.0046 Provisional license; requirements.— 1396 (2) The department shall issue a provisional clinical 1397 social worker license, provisional marriage and family therapist 1398 license, or provisional mental health counselor license to each 1399 applicant who the board certifies has: 1400 (c)HasMet the following minimum coursework requirements: 1401 1. For clinical social work, a minimum of 15 semester hours 1402 or 22 quarter hours of the coursework required by s. 1403 491.005(1)(b)2.b. 1404 2. For marriage and family therapy, 10 of the courses 1405 required by s. 491.005(3)(b)1.s. 491.005(3)(b)1.a.-c., as 1406 determined by the board, and at least 6 semester hours or 9 1407 quarter hours of the course credits must have been completed in 1408 the area of marriage and family systems, theories, or 1409 techniques. 1410 3. For mental health counseling, a minimum of seven of the 1411 courses required under s. 491.005(4)(b)1.a.-c. 1412 Section 34. Subsection (11) of section 945.42, Florida 1413 Statutes, is amended to read: 1414 945.42 Definitions; ss. 945.40-945.49.—As used in ss. 1415 945.40-945.49, the following terms shall have the meanings 1416 ascribed to them, unless the context shall clearly indicate 1417 otherwise: 1418 (11) “Psychological professional” means a behavioral 1419 practitioner who has an approved doctoral degree in psychology 1420 as defined in s. 490.003(3)s. 490.003(3)(b)and is employed by 1421 the department or who is licensed as a psychologist pursuant to 1422 chapter 490. 1423 Section 35. This act shall take effect July 1, 2019.