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 writing to 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 Web and 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 may
258 not hold himself or herself out as a board-certified specialist
259 in dermatology unless the recognizing agency, whether authorized
260 in statute or by rule, is triennially reviewed and reauthorized
261 by 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 residency a resident internship of not less
318 than 12 months in a program accredited hospital approved for
319 this purpose by the Board of Trustees of the American
320 Osteopathic Association or the Accreditation Council for
321 Graduate Medical Education any other internship program approved
322 by 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 under any
353 provision of this 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, and the board may 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’s state’s certified nursing assistant
418 registry; and has not been found to have committed abuse,
419 neglect, or exploitation in that jurisdiction state.
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) Intentionally Violating 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 must shall
455 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 state and graded by
458 dentists licensed in this state and employed by the department
459 for 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 state and graded by
468 dentists who are licensed in this state is 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 examination the 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 state and graded by dentists who are licensed in this
480 state. 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.
484 b. 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, then
490 such scores are shall nevertheless be recognized as valid 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 of
528 application for licensure in this state, The applicant submits
529 must submit proof 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 submits must submit proof 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 submits must submit documentation 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 proves must prove that 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 has must successfully passed pass a
585 written examination on the laws and rules of this state
586 regulating the practice of dentistry and must successfully pass
587 the computer-based diagnostic skills examination; and
588 i. The applicant submits must submit documentation 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 organization National Board of
592 Dental 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 the
619 examination by the successor entity administered in this state
620 shall be graded by dentists and dental hygienists licensed in
621 this 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 must shall be considered
624 the same as a passing score for the ADEX Dental Hygiene
625 Examination administered in this state and graded by licensed
626 dentists 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 that who
671 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, or who in any way supplies or manufactures artificial
674 substitutes for the natural teeth;, or who furnishes, 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; or who in any way
678 represents holds itself out as a dental laboratory.
679 (2) The term does not include a Excludes any dental
680 laboratory technician who constructs or repairs dental
681 prosthetic appliances in the office of a licensed dentist
682 exclusively for that such dentist only and under 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 must shall include, 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 allowed permitted in 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 of under this part, including
704 the education requirements established as set forth by 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 an
708 athletic trainer may not provide, offer to provide, or represent
709 that he or she is qualified to provide any care or services that
710 he or she lacks the education, training, or experience to
711 provide, or that he or she is otherwise prohibited by law from
712 providing.
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 baccalaureate or
728 higher degree 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 and If 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 prohibit prevent or
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 rule in accordance with the standards set
783 forth by the Commission on Accreditation of Athletic Training
784 Education 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 practice shall be granted independently
793 in orthotics, 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 orthotist license. Registrations to
798 practice shall be granted independently in orthotics or
799 prosthetics shall be granted independently, and a person may be
800 registered in both disciplines fields at the same time or
801 jointly in orthotics and prosthetics as a dual registration.
802 (3) A person seeking to attain the required orthotics 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 disciplines practice fields, for independent registrations the
807 board may shall not approve a second registration for until at
808 least 1 year after the issuance of the first registration.
809 Notwithstanding subsection (2), a person an applicant who has
810 been approved by the board and registered by the department in
811 one discipline practice field may apply for registration in the
812 second discipline practice field without 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 after from the 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
822 registration renewal fee may shall not 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, at
830 (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.; or
835 (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 postgraduate
841 degree in Orthotics and Prosthetics from a regionally accredited
842 college or university recognized by the Commission on
843 Accreditation of Allied Health Education Programs or, at a
844 minimum, a bachelor’s degree from a regionally accredited
845 college or university and a certificate in prosthetics from a
846 program recognized by the Commission on Accreditation of Allied
847 Health Education Programs, or its equivalent, as determined by
848 the 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 irrigation massage under 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 school or has completed an apprenticeship program that
906 meets standards adopted by the board; and
907 (c) Has received a passing grade on a national an
908 examination designated administered by the board department.
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 are shall be subject to the provisions of s. 480.046(1).
913 Applicants may take an examination administered by the
914 department only upon meeting the requirements of this section as
915 determined 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 may shall have the power to revoke or suspend
929 the license of a massage establishment licensed under this act,
930 or to deny 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 current Upon proof that a license has been obtained
935 by fraud or misrepresentation.
936 (b) Upon proof that The holder of the a license is guilty
937 of fraud or deceit or of gross negligence, incompetency, or
938 misconduct in the operation of the currently licensed
939 establishment so 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 psychological
957 education” and “doctoral degree in psychology” mean a Psy.D., an
958 Ed.D. in psychology, or a Ph.D. in psychology from:
959 1. An educational institution which, at the time the
960 applicant was enrolled and graduated, had institutional
961 accreditation from an agency recognized and approved by the
962 United States Department of Education or was recognized as a
963 member in good standing with the Association of Universities and
964 Colleges of Canada; and
965 2. A psychology program within that educational institution
966 which, at the time the applicant was enrolled and graduated, had
967 programmatic accreditation from an accrediting agency recognized
968 and approved by the United States Department of Education or was
969 comparable 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:
973 1. a psychology program within an educational institution
974 that which, 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; and
980 2. A psychology program within that educational institution
981 which, at the time the applicant was enrolled and graduated, had
982 programmatic accreditation from the American Psychological
983 Association an agency recognized and approved by the United
984 States 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, as
996 defined 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 America and 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 has the requirements of this
1005 provision have been met shall be upon the applicant;
1006 3. Received and submitted to the board, prior to July 1,
1007 1999, certification of an augmented doctoral-level psychological
1008 education from the program director of a doctoral-level
1009 psychology program accredited by a programmatic agency
1010 recognized and approved by the United States Department of
1011 Education; or
1012 4. Received and submitted to the board, prior to August 31,
1013 2001, certification of a doctoral-level program that at the time
1014 the applicant was enrolled and graduated maintained a standard
1015 of education and training comparable to the standard of training
1016 of programs accredited by a programmatic agency recognized and
1017 approved by the United States Department of Education. Such
1018 certification of comparability shall be provided by the program
1019 director of a doctoral-level psychology program accredited by a
1020 programmatic agency recognized and approved by the United States
1021 Department 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
1036 Commission on Recognition of Postsecondary Accreditation or from
1037 an institution that which is publicly recognized as a 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 state
1056 to practice psychology or school psychology, as applicable,
1057 provided that, when the applicant secured such license or
1058 certificate, the requirements were substantially equivalent to
1059 or more stringent than those set forth in this chapter at that
1060 time; and, if no Florida law existed at that time, then the
1061 requirements in the other state must have been substantially
1062 equivalent to or more stringent than those set forth in this
1063 chapter 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 psychology as
1067 described in s. 490.003 and has at least 10 20 years 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, if A subsequent
1081 intern registration may not be issued unless the 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 of to the department for the
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
1104 has completed all of the following requirements:
1105 a. Thirty-six semester hours or 48 quarter hours of
1106 graduate coursework, which must include a minimum of 3 semester
1107 hours or 4 quarter hours of graduate-level course credits in
1108 each of the following nine areas: dynamics of marriage and
1109 family systems; marriage therapy and counseling theory and
1110 techniques; family therapy and counseling theory and techniques;
1111 individual human development theories throughout the life cycle;
1112 personality theory or general counseling theory and techniques;
1113 psychopathology; human sexuality theory and counseling
1114 techniques; psychosocial theory; and substance abuse theory and
1115 counseling techniques. Courses in research, evaluation,
1116 appraisal, assessment, or testing theories and procedures;
1117 thesis or dissertation work; or practicums, internships, or
1118 fieldwork may not be applied toward this requirement.
1119 b. A minimum of one graduate-level course of 3 semester
1120 hours or 4 quarter hours in legal, ethical, and professional
1121 standards issues in the practice of marriage and family therapy
1122 or a course determined by the board to be equivalent.
1123 c. A minimum of one graduate-level course of 3 semester
1124 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1125 and testing for individual or interpersonal disorder or
1126 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1127 hour graduate-level course in behavioral research which focuses
1128 on the interpretation and application of research data as it
1129 applies to clinical practice. Credit for thesis or dissertation
1130 work, practicums, internships, or fieldwork may not be applied
1131 toward this requirement.
1132 d. A minimum of one supervised clinical practicum,
1133 internship, or field experience in a marriage and family
1134 counseling setting, during which the student provided 180 direct
1135 client contact hours of marriage and family therapy services
1136 under the supervision of an individual who met the requirements
1137 for supervision under paragraph (c). This requirement may be met
1138 by a supervised practice experience which took place outside the
1139 academic arena, but which is certified as equivalent to a
1140 graduate-level practicum or internship program which required a
1141 minimum of 180 direct client contact hours of marriage and
1142 family therapy services currently offered within an academic
1143 program of a college or university accredited by an accrediting
1144 agency approved by the United States Department of Education, or
1145 an institution which is publicly recognized as a member in good
1146 standing with the Association of Universities and Colleges of
1147 Canada or a training institution accredited by the Commission on
1148 Accreditation for Marriage and Family Therapy Education
1149 recognized by the United States Department of Education.
1150 Certification shall be required from an official of such
1151 college, university, or training institution.
1152 2. If the course title that which appears on the
1153 applicant’s transcript does not clearly identify the content of
1154 the coursework, the applicant shall be required to provide
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 met shall be upon the
1178 applicant, and the board shall require documentation, such as,
1179 but 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 that which did 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 which that did not
1199 include all of the coursework required by subparagraph (b)1.
1200 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1201 level clinical experience may shall not commence until the
1202 applicant has completed a minimum of 10 of the courses required
1203 by subparagraph (b)1. under sub-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 2 3 years of required experience, the
1208 applicant shall provide direct individual, group, or family
1209 therapy and counseling, to include the following categories of
1210 cases including those involving: unmarried dyads, married
1211 couples, separating and divorcing couples, and family groups
1212 that include including children. 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 department for this purpose.
1219 (e) Has demonstrated, in a manner designated by board rule
1220 of 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 may shall
1228 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 of to the
1232 department for purchase of the examination from the National
1233 Board for Certified Counselors or its successor Professional
1234 Examination Service for the National Academy of Certified
1235 Clinical Mental Health Counselors or a similar national
1236 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 counseling in 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 experience in legal, ethical, and
1273 professional standards issues in the practice of mental health
1274 counseling, which includes goals, objectives, and practices of
1275 professional counseling organizations, codes of ethics, legal
1276 considerations, standards of preparation, certifications and
1277 licensing, and the role identity and professional obligations of
1278 mental health counselors. Courses in research, thesis or
1279 dissertation work, practicums, internships, or fieldwork may not
1280 be applied toward this requirement.
1281 c. The equivalent, as determined by the board, of at least
1282 700 1,000 hours 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 a the course
1290 title that which appears on the applicant’s transcript does not
1291 clearly identify the content of the coursework., The applicant
1292 shall be required to provide additional documentation 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, which
1298 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
1301 Commission 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 organization Commission on Recognition of Postsecondary
1312 Accreditation. 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 met shall 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 which that did 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 may shall not 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
1350 of 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 profession for which licensure
1362 is applied in another state for 3 of the last 5 years
1363 immediately preceding licensure;.
1364 2. Meets the education requirements of this chapter for the
1365 profession 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 a
1381 method for the biennial renewal of an intern registration at a
1382 fee 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 board department, or, in the case of certified
1387 master social workers psychologists, the department board, 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) Has Met 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.
