Bill Text: FL S0230 | 2020 | Regular Session | Comm Sub


Bill Title: Department of Health

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2020-03-13 - Laid on Table, refer to CS/CS/CS/HB 713 [S0230 Detail]

Download: Florida-2020-S0230-Comm_Sub.html
       Florida Senate - 2020                CS for CS for CS for SB 230
       
       
        
       By the Committees on Rules; Appropriations; and Health Policy;
       and Senator Harrell
       
       
       
       
       595-04462-20                                           2020230c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 39.303, F.S.; specifying direct reporting
    4         requirements for certain positions within the
    5         Children’s Medical Services Program; amending s.
    6         381.0042, F.S.; revising the purpose of patient care
    7         networks from serving patients with acquired immune
    8         deficiency syndrome to serving those with human
    9         immunodeficiency virus; conforming provisions to
   10         changes made by the act; deleting obsolete language;
   11         amending s. 381.4018, F.S.; requiring the department
   12         to develop strategies to maximize federal-state
   13         partnerships that provide incentives for physicians to
   14         practice in medically underserved or rural areas;
   15         authorizing the department to adopt certain rules;
   16         amending s. 381.915, F.S.; revising term limits for
   17         Tier 3 cancer center designations within the Florida
   18         Consortium of National Cancer Institute Centers
   19         Program; amending s. 401.35, F.S.; revising provisions
   20         related to the department’s rules governing minimum
   21         standards for ground ambulances and emergency medical
   22         services vehicles; deleting the requirement that the
   23         department base rules governing medical supplies and
   24         equipment required in ambulances and emergency medical
   25         services vehicles on a certain association’s
   26         standards; deleting the requirement that the
   27         department base rules governing ambulance or emergency
   28         medical services vehicle design and construction on a
   29         certain agency’s standards and instead requiring the
   30         department to base such rules on national standards
   31         recognized by the department; amending s. 404.031,
   32         F.S.; defining the term ″useful beam″; amending s.
   33         404.22, F.S.; providing limitations on the
   34         maintenance, operation, and modification of certain
   35         radiation machines; providing conditions for the
   36         authorized exposure of human beings to the radiation
   37         emitted from a radiation machine; amending s. 456.013,
   38         F.S.; revising health care practitioner licensure
   39         application requirements; authorizing the board or
   40         department to issue a temporary license to certain
   41         applicants which expires after 60 days; amending s.
   42         456.072, F.S.; revising grounds for certain
   43         disciplinary actions to conform to changes made by the
   44         act; repealing s. 456.0721, F.S., relating to health
   45         care practitioners in default on student loan or
   46         scholarship obligations; amending s. 456.074, F.S.;
   47         conforming provisions to changes made by the act;
   48         amending s. 458.3145, F.S.; revising the list of
   49         individuals who may be issued a medical faculty
   50         certificate without examination; amending s. 458.3312,
   51         F.S.; removing a prohibition against physicians
   52         representing themselves as board-certified specialists
   53         in dermatology unless the recognizing agency is
   54         reviewed and reauthorized on a specified basis by the
   55         Board of Medicine; amending s. 459.0055, F.S.;
   56         revising licensure requirements for a person seeking
   57         licensure or certification as an osteopathic
   58         physician; repealing s. 460.4166, F.S., relating to
   59         registered chiropractic assistants; amending s.
   60         464.019, F.S.; authorizing the Board of Nursing to
   61         adopt specified rules; extending through 2025 the
   62         Florida Center for Nursing’s responsibility to study
   63         and issue an annual report on the implementation of
   64         nursing education programs; providing legislative
   65         intent; authorizing certain nursing education programs
   66         to apply for an extension for accreditation within a
   67         specified timeframe; providing limitations on and
   68         eligibility criteria for the extension; providing a
   69         tolling provision; amending s. 464.202, F.S.;
   70         requiring the Board of Nursing to adopt rules that
   71         include disciplinary procedures and standards of
   72         practice for certified nursing assistants; amending s.
   73         464.203, F.S.; revising certification requirements for
   74         nursing assistants; amending s. 464.204, F.S.;
   75         revising grounds for board-imposed disciplinary
   76         sanctions; amending s. 466.006, F.S.; revising certain
   77         examination requirements for applicants seeking dental
   78         licensure; reviving, reenacting, and amending s.
   79         466.0067, F.S., relating to the application for a
   80         health access dental license; reviving, reenacting,
   81         and amending s. 466.00671, F.S., relating to the
   82         renewal of such a license; reviving and reenacting s.
   83         466.00672, F.S., relating to the revocation of such
   84         license; amending s. 466.007, F.S.; revising
   85         requirements for dental hygienist licensure; amending
   86         s. 466.017, F.S.; requiring dentists and certified
   87         registered dental hygienists to report in writing
   88         certain adverse incidents to the department within a
   89         specified timeframe; providing for disciplinary action
   90         by the Board of Dentistry for violations; defining the
   91         term “adverse incident”; authorizing the board to
   92         adopt rules; amending s. 466.031, F.S.; making
   93         technical changes; authorizing an employee or an
   94         independent contractor of a dental laboratory, acting
   95         as an agent of that dental laboratory, to engage in
   96         onsite consultation with a licensed dentist during a
   97         dental procedure; amending s. 466.036, F.S.; revising
   98         the frequency of dental laboratory inspections during
   99         a specified period; amending s. 468.701, F.S.;
  100         revising the definition of the term “athletic
  101         trainer”; deleting a requirement that is relocated to
  102         another section; amending s. 468.707, F.S.; revising
  103         athletic trainer licensure requirements; amending s.
  104         468.711, F.S.; requiring certain athletic trainer
  105         licensees to maintain certification in good standing
  106         without lapse as a condition of license renewal;
  107         amending s. 468.713, F.S.; requiring that an athletic
  108         trainer work within a specified scope of practice;
  109         relocating an existing requirement that was stricken
  110         from another section; amending s. 468.723, F.S.;
  111         requiring the direct supervision of an athletic
  112         training student to be in accordance with rules
  113         adopted by the Board of Athletic Training; amending s.
  114         468.803, F.S.; revising orthotic, prosthetic, and
  115         pedorthic licensure, registration, and examination
  116         requirements; amending s. 480.033, F.S.; revising the
  117         definition of the term “apprentice”; amending s.
  118         480.041, F.S.; revising qualifications for licensure
  119         as a massage therapist; specifying that massage
  120         apprentices licensed before a specified date may
  121         continue to perform massage therapy as authorized
  122         under their licenses; authorizing massage apprentices
  123         to apply for full licensure upon completion of their
  124         apprenticeships, under certain conditions; repealing
  125         s. 480.042, F.S., relating to examinations for
  126         licensure as a massage therapist; amending s. 490.003,
  127         F.S.; revising the definition of the terms “doctoral
  128         level psychological education” and “doctoral degree in
  129         psychology”; amending s. 490.005, F.S.; revising
  130         requirements for licensure by examination of
  131         psychologists and school psychologists; amending s.
  132         490.006, F.S.; revising requirements for licensure by
  133         endorsement of psychologists and school psychologists;
  134         amending s. 491.0045, F.S.; exempting clinical social
  135         worker interns, marriage and family therapist interns,
  136         and mental health counselor interns from registration
  137         requirements, under certain circumstances; amending s.
  138         491.005, F.S.; revising requirements for the licensure
  139         by examination of marriage and family therapists;
  140         revising requirements for the licensure by examination
  141         of mental health counselors; amending s. 491.006,
  142         F.S.; revising requirements for licensure by
  143         endorsement or certification for specified
  144         professions; amending s. 491.007, F.S.; removing a
  145         biennial intern registration fee; amending s. 491.009,
  146         F.S.; authorizing the Board of Clinical Social Work,
  147         Marriage and Family Therapy, and Mental Health
  148         Counseling or, under certain circumstances, the
  149         department to enter an order denying licensure or
  150         imposing penalties against an applicant for licensure
  151         under certain circumstances; amending ss. 491.0046 and
  152         945.42, F.S.; conforming cross-references; reenacting
  153         s. 459.021(6), F.S., relating to registration of
  154         osteopathic resident physicians, interns, and fellows,
  155         to incorporate the amendment made to s. 459.0055,
  156         F.S., in a reference thereto; providing for
  157         retroactive applicability of specified provisions;
  158         providing effective dates.
  159          
  160  Be It Enacted by the Legislature of the State of Florida:
  161  
  162         Section 1. Paragraphs (a) and (b) of subsection (2) of
  163  section 39.303, Florida Statutes, are amended to read:
  164         39.303 Child Protection Teams and sexual abuse treatment
  165  programs; services; eligible cases.—
  166         (2)(a) The Statewide Medical Director for Child Protection
  167  must be a physician licensed under chapter 458 or chapter 459
  168  who is a board-certified pediatrician with a subspecialty
  169  certification in child abuse from the American Board of
  170  Pediatrics. The Statewide Medical Director for Child Protection
  171  shall report directly to the Deputy Secretary for Children’s
  172  Medical Services.
  173         (b) Each Child Protection Team medical director must be a
  174  physician licensed under chapter 458 or chapter 459 who is a
  175  board-certified physician in pediatrics or family medicine and,
  176  within 2 years after the date of employment as a Child
  177  Protection Team medical director, obtains a subspecialty
  178  certification in child abuse from the American Board of
  179  Pediatrics or within 2 years meet the minimum requirements
  180  established by a third-party credentialing entity recognizing a
  181  demonstrated specialized competence in child abuse pediatrics
  182  pursuant to paragraph (d). Each Child Protection Team medical
  183  director employed on July 1, 2015, must, by July 1, 2019, either
  184  obtain a subspecialty certification in child abuse from the
  185  American Board of Pediatrics or meet the minimum requirements
  186  established by a third-party credentialing entity recognizing a
  187  demonstrated specialized competence in child abuse pediatrics
  188  pursuant to paragraph (d). Child Protection Team medical
  189  directors shall be responsible for oversight of the teams in the
  190  circuits. Each Child Protection Team medical director shall
  191  report directly to the Statewide Medical Director for Child
  192  Protection.
  193         Section 2. Section 381.0042, Florida Statutes, is amended
  194  to read:
  195         381.0042 Patient care for persons with HIV infection.—The
  196  department may establish human immunodeficiency virus acquired
  197  immune deficiency syndrome patient care networks in each region
  198  of the state where the number numbers of cases of acquired
  199  immune deficiency syndrome and other human immunodeficiency
  200  virus transmission infections justifies the establishment of
  201  cost-effective regional patient care networks. Such networks
  202  shall be delineated by rule of the department which shall take
  203  into account natural trade areas and centers of medical
  204  excellence that specialize in the treatment of human
  205  immunodeficiency virus acquired immune deficiency syndrome, as
  206  well as available federal, state, and other funds. Each patient
  207  care network shall include representation of persons with human
  208  immunodeficiency virus infection; health care providers;
  209  business interests; the department, including, but not limited
  210  to, county health departments; and local units of government.
  211  Each network shall plan for the care and treatment of persons
  212  with human immunodeficiency virus acquired immune deficiency
  213  syndrome and acquired immune deficiency syndrome related complex
  214  in a cost-effective, dignified manner that which emphasizes
  215  outpatient and home care. Once per each year, beginning April
  216  1989, each network shall make its recommendations concerning the
  217  needs for patient care to the department.
  218         Section 3. Subsection (3) of section 381.4018, Florida
  219  Statutes, is amended to read:
  220         381.4018 Physician workforce assessment and development.—
  221         (3) GENERAL FUNCTIONS.—The department shall maximize the
  222  use of existing programs under the jurisdiction of the
  223  department and other state agencies and coordinate governmental
  224  and nongovernmental stakeholders and resources in order to
  225  develop a state strategic plan and assess the implementation of
  226  such strategic plan. In developing the state strategic plan, the
  227  department shall:
  228         (a) Monitor, evaluate, and report on the supply and
  229  distribution of physicians licensed under chapter 458 or chapter
  230  459. The department shall maintain a database to serve as a
  231  statewide source of data concerning the physician workforce.
  232         (b) Develop a model and quantify, on an ongoing basis, the
  233  adequacy of the state’s current and future physician workforce
  234  as reliable data becomes available. Such model must take into
  235  account demographics, physician practice status, place of
  236  education and training, generational changes, population growth,
  237  economic indicators, and issues concerning the “pipeline” into
  238  medical education.
  239         (c) Develop and recommend strategies to determine whether
  240  the number of qualified medical school applicants who might
  241  become competent, practicing physicians in this state will be
  242  sufficient to meet the capacity of the state’s medical schools.
  243  If appropriate, the department shall, working with
  244  representatives of appropriate governmental and nongovernmental
  245  entities, develop strategies and recommendations and identify
  246  best practice programs that introduce health care as a
  247  profession and strengthen skills needed for medical school
  248  admission for elementary, middle, and high school students, and
  249  improve premedical education at the precollege and college level
  250  in order to increase this state’s potential pool of medical
  251  students.
  252         (d) Develop strategies to ensure that the number of
  253  graduates from the state’s public and private allopathic and
  254  osteopathic medical schools is adequate to meet physician
  255  workforce needs, based on the analysis of the physician
  256  workforce data, so as to provide a high-quality medical
  257  education to students in a manner that recognizes the uniqueness
  258  of each new and existing medical school in this state.
  259         (e) Pursue strategies and policies to create, expand, and
  260  maintain graduate medical education positions in the state based
  261  on the analysis of the physician workforce data. Such strategies
  262  and policies must take into account the effect of federal
  263  funding limitations on the expansion and creation of positions
  264  in graduate medical education. The department shall develop
  265  options to address such federal funding limitations. The
  266  department shall consider options to provide direct state
  267  funding for graduate medical education positions in a manner
  268  that addresses requirements and needs relative to accreditation
  269  of graduate medical education programs. The department shall
  270  consider funding residency positions as a means of addressing
  271  needed physician specialty areas, rural areas having a shortage
  272  of physicians, and areas of ongoing critical need, and as a
  273  means of addressing the state’s physician workforce needs based
  274  on an ongoing analysis of physician workforce data.
  275         (f) Develop strategies to maximize federal and state
  276  programs that provide for the use of incentives to attract
  277  physicians to this state or retain physicians within the state.
  278  Such strategies should explore and maximize federal-state
  279  partnerships that provide incentives for physicians to practice
  280  in federally designated shortage areas, in otherwise medically
  281  underserved areas, or in rural areas. Strategies shall also
  282  consider the use of state programs, such as the Medical
  283  Education Reimbursement and Loan Repayment Program pursuant to
  284  s. 1009.65, which provide for education loan repayment or loan
  285  forgiveness and provide monetary incentives for physicians to
  286  relocate to underserved areas of the state.
  287         (g) Coordinate and enhance activities relative to physician
  288  workforce needs, undergraduate medical education, graduate
  289  medical education, and reentry of retired military and other
  290  physicians into the physician workforce provided by the Division
  291  of Medical Quality Assurance, area health education center
  292  networks established pursuant to s. 381.0402, and other offices
  293  and programs within the department as designated by the State
  294  Surgeon General.
  295         (h) Work in conjunction with and act as a coordinating body
  296  for governmental and nongovernmental stakeholders to address
  297  matters relating to the state’s physician workforce assessment
  298  and development for the purpose of ensuring an adequate supply
  299  of well-trained physicians to meet the state’s future needs.
  300  Such governmental stakeholders shall include, but need not be
  301  limited to, the State Surgeon General or his or her designee,
  302  the Commissioner of Education or his or her designee, the
  303  Secretary of Health Care Administration or his or her designee,
  304  and the Chancellor of the State University System or his or her
  305  designee, and, at the discretion of the department, other
  306  representatives of state and local agencies that are involved in
  307  assessing, educating, or training the state’s current or future
  308  physicians. Other stakeholders shall include, but need not be
  309  limited to, organizations representing the state’s public and
  310  private allopathic and osteopathic medical schools;
  311  organizations representing hospitals and other institutions
  312  providing health care, particularly those that currently provide
  313  or have an interest in providing accredited medical education
  314  and graduate medical education to medical students and medical
  315  residents; organizations representing allopathic and osteopathic
  316  practicing physicians; and, at the discretion of the department,
  317  representatives of other organizations or entities involved in
  318  assessing, educating, or training the state’s current or future
  319  physicians.
  320         (i) Serve as a liaison with other states and federal
  321  agencies and programs in order to enhance resources available to
  322  the state’s physician workforce and medical education continuum.
  323         (j) Act as a clearinghouse for collecting and disseminating
  324  information concerning the physician workforce and medical
  325  education continuum in this state.
  326  
  327  The department may adopt rules to implement this subsection,
  328  including rules that establish guidelines to implement the
  329  federal Conrad 30 Waiver Program created under s. 214(l) of the
  330  Immigration and Nationality Act.
  331         Section 4. Paragraph (c) of subsection (4) of section
  332  381.915, Florida Statutes, is amended to read:
  333         381.915 Florida Consortium of National Cancer Institute
  334  Centers Program.—
  335         (4) Tier designations and corresponding weights within the
  336  Florida Consortium of National Cancer Institute Centers Program
  337  are as follows:
  338         (c) Tier 3: Florida-based cancer centers seeking
  339  designation as either a NCI-designated cancer center or NCI
  340  designated comprehensive cancer center, which shall be weighted
  341  at 1.0.
  342         1. A cancer center shall meet the following minimum
  343  criteria to be considered eligible for Tier 3 designation in any
  344  given fiscal year:
  345         a. Conducting cancer-related basic scientific research and
  346  cancer-related population scientific research;
  347         b. Offering and providing the full range of diagnostic and
  348  treatment services on site, as determined by the Commission on
  349  Cancer of the American College of Surgeons;
  350         c. Hosting or conducting cancer-related interventional
  351  clinical trials that are registered with the NCI’s Clinical
  352  Trials Reporting Program;
  353         d. Offering degree-granting programs or affiliating with
  354  universities through degree-granting programs accredited or
  355  approved by a nationally recognized agency and offered through
  356  the center or through the center in conjunction with another
  357  institution accredited by the Commission on Colleges of the
  358  Southern Association of Colleges and Schools;
  359         e. Providing training to clinical trainees, medical
  360  trainees accredited by the Accreditation Council for Graduate
  361  Medical Education or the American Osteopathic Association, and
  362  postdoctoral fellows recently awarded a doctorate degree; and
  363         f. Having more than $5 million in annual direct costs
  364  associated with their total NCI peer-reviewed grant funding.
  365         2. The General Appropriations Act or accompanying
  366  legislation may limit the number of cancer centers which shall
  367  receive Tier 3 designations or provide additional criteria for
  368  such designation.
  369         3. A cancer center’s participation in Tier 3 may not extend
  370  beyond June 30, 2024 shall be limited to 6 years.
  371         4. A cancer center that qualifies as a designated Tier 3
  372  center under the criteria provided in subparagraph 1. by July 1,
  373  2014, is authorized to pursue NCI designation as a cancer center
  374  or a comprehensive cancer center until June 30, 2024 for 6 years
  375  after qualification.
  376         Section 5. Paragraphs (c) and (d) of subsection (1) of
  377  section 401.35, Florida Statutes, are amended to read:
  378         401.35 Rules.—The department shall adopt rules, including
  379  definitions of terms, necessary to carry out the purposes of
  380  this part.
  381         (1) The rules must provide at least minimum standards
  382  governing:
  383         (c) Ground ambulance and vehicle equipment and supplies
  384  that a licensee with a valid vehicle permit under s. 401.26 is
  385  required to maintain to provide basic or advanced life support
  386  services at least as comprehensive as those published in the
  387  most current edition of the American College of Surgeons,
  388  Committee on Trauma, list of essential equipment for ambulances,
  389  as interpreted by rules of the department.
  390         (d) Ground ambulance or vehicle design and construction
  391  based on national standards recognized by the department and at
  392  least equal to those most currently recommended by the United
  393  States General Services Administration as interpreted by
  394  department rule rules of the department.
  395         Section 6. Subsection (21) is added to section 404.031,
  396  Florida Statutes, to read:
  397         404.031 Definitions.—As used in this chapter, unless the
  398  context clearly indicates otherwise, the term:
  399         (21) ″Useful beam″ means that portion of the radiation
  400  emitted from a radiation machine through the aperture of the
  401  machine′s beam-limiting device which is designed to focus the
  402  radiation on the intended target in order to accomplish the
  403  machine′s purpose when the machine′s exposure controls are in a
  404  mode to cause the system to produce radiation.
  405         Section 7. Subsections (7) and (8) are added to section
  406  404.22, Florida Statutes, to read:
  407         404.22 Radiation machines and components; inspection.—
  408         (7) Radiation machines that are used to intentionally
  409  expose a human being to the useful beam:
  410         (a) Must be maintained and operated according to
  411  manufacturer standards or nationally recognized consensus
  412  standards accepted by the department;
  413         (b) Must be operated at the lowest exposure that will
  414  achieve the intended purpose of the exposure; and
  415         (c) May not be modified in a manner that causes the
  416  original parts to operate in a way that differs from the
  417  original manufacturer′s design specification or the parameters
  418  approved for the machine and its components by the United States
  419  Food and Drug Administration.
  420         (8) A human being may be exposed to the useful beam of a
  421  radiation machine only under the following conditions:
  422         (a) For the purpose of medical or health care, if a
  423  licensed health care practitioner operating within the scope of
  424  his or her practice has determined that the exposure provides a
  425  medical or health benefit greater than the health risks posed by
  426  the exposure and the health care practitioner uses the results
  427  of the exposure in the medical or health care of the exposed
  428  individual; or
  429         (b) For the purpose of providing security for facilities or
  430  other venues, if the exposure is determined to provide a life
  431  safety benefit to the individual exposed which is greater than
  432  the health risk posed by the exposure. Such determination must
  433  be made by an individual trained in evaluating and calculating
  434  comparative mortality and morbidity risks according to standards
  435  set by the department. To be valid, the calculation and method
  436  of making the determination must be submitted to and accepted by
  437  the department. Limits to annual total exposure for security
  438  purposes must be adopted by department rule based on nationally
  439  recognized limits or relevant consensus standards.
  440         Section 8. Paragraphs (a) and (b) of subsection (1) of
  441  section 456.013, Florida Statutes, are amended to read:
  442         456.013 Department; general licensing provisions.—
  443         (1)(a) Any person desiring to be licensed in a profession
  444  within the jurisdiction of the department must shall apply to
  445  the department in writing to take the licensure examination. The
  446  application must shall be made on a form prepared and furnished
  447  by the department. The application form must be available on the
  448  Internet World Wide Web and the department may accept
  449  electronically submitted applications. The application shall
  450  require the social security number and date of birth of the
  451  applicant, except as provided in paragraphs (b) and (c). The
  452  form shall be supplemented as needed to reflect any material
  453  change in any circumstance or condition stated in the
  454  application which takes place between the initial filing of the
  455  application and the final grant or denial of the license and
  456  which might affect the decision of the department. If an
  457  application is submitted electronically, the department may
  458  require supplemental materials, including an original signature
  459  of the applicant and verification of credentials, to be
  460  submitted in a nonelectronic format. An incomplete application
  461  shall expire 1 year after initial filing. In order to further
  462  the economic development goals of the state, and notwithstanding
  463  any law to the contrary, the department may enter into an
  464  agreement with the county tax collector for the purpose of
  465  appointing the county tax collector as the department’s agent to
  466  accept applications for licenses and applications for renewals
  467  of licenses. The agreement must specify the time within which
  468  the tax collector must forward any applications and accompanying
  469  application fees to the department.
  470         (b) If an applicant has not been issued a social security
  471  number by the Federal Government at the time of application
  472  because the applicant is not a citizen or resident of this
  473  country, the department may process the application using a
  474  unique personal identification number. If such an applicant is
  475  otherwise eligible for licensure, the board, or the department
  476  when there is no board, may issue a temporary license to the
  477  applicant, which shall expire 30 days after issuance unless a
  478  social security number is obtained and submitted in writing to
  479  the department. A temporary license issued under this paragraph
  480  to an applicant who has accepted a position with an accredited
  481  residency, internship, or fellowship program in this state and
  482  is applying for registration under s. 458.345 or s. 459.021
  483  shall expire 60 days after issuance unless the applicant obtains
  484  a social security number and submits it in writing to the
  485  department. Upon receipt of the applicant’s social security
  486  number, the department shall issue a new license, which shall
  487  expire at the end of the current biennium.
  488         Section 9. Paragraph (k) of subsection (1) of section
  489  456.072, Florida Statutes, is amended to read:
  490         456.072 Grounds for discipline; penalties; enforcement.—
  491         (1) The following acts shall constitute grounds for which
  492  the disciplinary actions specified in subsection (2) may be
  493  taken:
  494         (k) Failing to perform any statutory or legal obligation
  495  placed upon a licensee. For purposes of this section, failing to
  496  repay a student loan issued or guaranteed by the state or the
  497  Federal Government in accordance with the terms of the loan is
  498  not or failing to comply with service scholarship obligations
  499  shall be considered a failure to perform a statutory or legal
  500  obligation, and the minimum disciplinary action imposed shall be
  501  a suspension of the license until new payment terms are agreed
  502  upon or the scholarship obligation is resumed, followed by
  503  probation for the duration of the student loan or remaining
  504  scholarship obligation period, and a fine equal to 10 percent of
  505  the defaulted loan amount. Fines collected shall be deposited
  506  into the Medical Quality Assurance Trust Fund.
  507         Section 10. Section 456.0721, Florida Statutes, is
  508  repealed.
  509         Section 11. Subsection (4) of section 456.074, Florida
  510  Statutes, is amended to read:
  511         456.074 Certain health care practitioners; immediate
  512  suspension of license.—
  513         (4)Upon receipt of information that a Florida-licensed
  514  health care practitioner has defaulted on a student loan issued
  515  or guaranteed by the state or the Federal Government, the
  516  department shall notify the licensee by certified mail that he
  517  or she shall be subject to immediate suspension of license
  518  unless, within 45 days after the date of mailing, the licensee
  519  provides proof that new payment terms have been agreed upon by
  520  all parties to the loan. The department shall issue an emergency
  521  order suspending the license of any licensee who, after 45 days
  522  following the date of mailing from the department, has failed to
  523  provide such proof. Production of such proof shall not prohibit
  524  the department from proceeding with disciplinary action against
  525  the licensee pursuant to s. 456.073.
  526         Section 12. Subsection (1) of section 458.3145, Florida
  527  Statutes, is amended to read:
  528         458.3145 Medical faculty certificate.—
  529         (1) A medical faculty certificate may be issued without
  530  examination to an individual who:
  531         (a) Is a graduate of an accredited medical school or its
  532  equivalent, or is a graduate of a foreign medical school listed
  533  with the World Health Organization;
  534         (b) Holds a valid, current license to practice medicine in
  535  another jurisdiction;
  536         (c) Has completed the application form and remitted a
  537  nonrefundable application fee not to exceed $500;
  538         (d) Has completed an approved residency or fellowship of at
  539  least 1 year or has received training which has been determined
  540  by the board to be equivalent to the 1-year residency
  541  requirement;
  542         (e) Is at least 21 years of age;
  543         (f) Is of good moral character;
  544         (g) Has not committed any act in this or any other
  545  jurisdiction which would constitute the basis for disciplining a
  546  physician under s. 458.331;
  547         (h) For any applicant who has graduated from medical school
  548  after October 1, 1992, has completed, before entering medical
  549  school, the equivalent of 2 academic years of preprofessional,
  550  postsecondary education, as determined by rule of the board,
  551  which must include, at a minimum, courses in such fields as
  552  anatomy, biology, and chemistry; and
  553         (i) Has been offered and has accepted a full-time faculty
  554  appointment to teach in a program of medicine at:
  555         1. The University of Florida;
  556         2. The University of Miami;
  557         3. The University of South Florida;
  558         4. The Florida State University;
  559         5. The Florida International University;
  560         6. The University of Central Florida;
  561         7. The Mayo Clinic College of Medicine and Science in
  562  Jacksonville, Florida;
  563         8. The Florida Atlantic University; or
  564         9. The Johns Hopkins All Children’s Hospital in St.
  565  Petersburg, Florida;
  566         10.Nova Southeastern University; or
  567         11.Lake Erie College of Osteopathic Medicine.
  568         Section 13. Section 458.3312, Florida Statutes, is amended
  569  to read:
  570         458.3312 Specialties.—A physician licensed under this
  571  chapter may not hold himself or herself out as a board-certified
  572  specialist unless the physician has received formal recognition
  573  as a specialist from a specialty board of the American Board of
  574  Medical Specialties or other recognizing agency that has been
  575  approved by the board. However, a physician may indicate the
  576  services offered and may state that his or her practice is
  577  limited to one or more types of services when this accurately
  578  reflects the scope of practice of the physician. A physician may
  579  not hold himself or herself out as a board-certified specialist
  580  in dermatology unless the recognizing agency, whether authorized
  581  in statute or by rule, is triennially reviewed and reauthorized
  582  by the Board of Medicine.
  583         Section 14. Subsection (1) of section 459.0055, Florida
  584  Statutes, is amended to read:
  585         459.0055 General licensure requirements.—
  586         (1) Except as otherwise provided herein, any person
  587  desiring to be licensed or certified as an osteopathic physician
  588  pursuant to this chapter shall:
  589         (a) Complete an application form and submit the appropriate
  590  fee to the department;
  591         (b) Be at least 21 years of age;
  592         (c) Be of good moral character;
  593         (d) Have completed at least 3 years of preprofessional
  594  postsecondary education;
  595         (e) Have not previously committed any act that would
  596  constitute a violation of this chapter, unless the board
  597  determines that such act does not adversely affect the
  598  applicant’s present ability and fitness to practice osteopathic
  599  medicine;
  600         (f) Not be under investigation in any jurisdiction for an
  601  act that would constitute a violation of this chapter. If, upon
  602  completion of such investigation, it is determined that the
  603  applicant has committed an act that would constitute a violation
  604  of this chapter, the applicant is ineligible for licensure
  605  unless the board determines that such act does not adversely
  606  affect the applicant’s present ability and fitness to practice
  607  osteopathic medicine;
  608         (g) Have not had an application for a license to practice
  609  osteopathic medicine denied or a license to practice osteopathic
  610  medicine revoked, suspended, or otherwise acted against by the
  611  licensing authority of any jurisdiction unless the board
  612  determines that the grounds on which such action was taken do
  613  not adversely affect the applicant’s present ability and fitness
  614  to practice osteopathic medicine. A licensing authority’s
  615  acceptance of a physician’s relinquishment of license,
  616  stipulation, consent order, or other settlement, offered in
  617  response to or in anticipation of the filing of administrative
  618  charges against the osteopathic physician, shall be considered
  619  action against the osteopathic physician’s license;
  620         (h) Not have received less than a satisfactory evaluation
  621  from an internship, residency, or fellowship training program,
  622  unless the board determines that such act does not adversely
  623  affect the applicant’s present ability and fitness to practice
  624  osteopathic medicine. Such evaluation shall be provided by the
  625  director of medical education from the medical training
  626  facility;
  627         (i) Have met the criteria set forth in s. 459.0075, s.
  628  459.0077, or s. 459.021, whichever is applicable;
  629         (j) Submit to the department a set of fingerprints on a
  630  form and under procedures specified by the department, along
  631  with a payment in an amount equal to the costs incurred by the
  632  Department of Health for the criminal background check of the
  633  applicant;
  634         (k) Demonstrate that he or she is a graduate of a medical
  635  college recognized and approved by the American Osteopathic
  636  Association;
  637         (l) Demonstrate that she or he has successfully completed
  638  an internship or residency a resident internship of not less
  639  than 12 months in a program accredited hospital approved for
  640  this purpose by the Board of Trustees of the American
  641  Osteopathic Association or the Accreditation Council for
  642  Graduate Medical Education any other internship program approved
  643  by the board upon a showing of good cause by the applicant. This
  644  requirement may be waived for an applicant who matriculated in a
  645  college of osteopathic medicine during or before 1948; and
  646         (m) Demonstrate that she or he has obtained a passing
  647  score, as established by rule of the board, on all parts of the
  648  examination conducted by the National Board of Osteopathic
  649  Medical Examiners or other examination approved by the board no
  650  more than 5 years before making application in this state or, if
  651  holding a valid active license in another state, that the
  652  initial licensure in the other state occurred no more than 5
  653  years after the applicant obtained a passing score on the
  654  examination conducted by the National Board of Osteopathic
  655  Medical Examiners or other substantially similar examination
  656  approved by the board.
  657         Section 15. Section 460.4166, Florida Statutes, is
  658  repealed.
  659         Section 16. Effective upon this act becoming a law,
  660  subsections (8) and (10) of section 464.019, Florida Statutes,
  661  are amended, and paragraph (f) is added to subsection (11) of
  662  that section, to read:
  663         464.019 Approval of nursing education programs.—
  664         (8) RULEMAKING.—The board does not have rulemaking
  665  authority to administer this section, except that the board
  666  shall adopt rules that prescribe the format for submitting
  667  program applications under subsection (1) and annual reports
  668  under subsection (3), and to administer the documentation of the
  669  accreditation of nursing education programs under subsection
  670  (11). The board may adopt rules relating to the nursing
  671  curriculum, including rules relating to the uses and limitations
  672  of simulation technology, and rules relating to the criteria to
  673  qualify for an extension of time to meet the accreditation
  674  requirements under paragraph (11)(f). The board may not impose
  675  any condition or requirement on an educational institution
  676  submitting a program application, an approved program, or an
  677  accredited program, except as expressly provided in this
  678  section.
  679         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
  680  shall study the administration of this section and submit
  681  reports to the Governor, the President of the Senate, and the
  682  Speaker of the House of Representatives annually by January 30,
  683  through January 30, 2025 2020. The annual reports shall address
  684  the previous academic year; provide data on the measures
  685  specified in paragraphs (a) and (b), as such data becomes
  686  available; and include an evaluation of such data for purposes
  687  of determining whether this section is increasing the
  688  availability of nursing education programs and the production of
  689  quality nurses. The department and each approved program or
  690  accredited program shall comply with requests for data from the
  691  Florida Center for Nursing.
  692         (a) The Florida Center for Nursing shall evaluate program
  693  specific data for each approved program and accredited program
  694  conducted in the state, including, but not limited to:
  695         1. The number of programs and student slots available.
  696         2. The number of student applications submitted, the number
  697  of qualified applicants, and the number of students accepted.
  698         3. The number of program graduates.
  699         4. Program retention rates of students tracked from program
  700  entry to graduation.
  701         5. Graduate passage rates on the National Council of State
  702  Boards of Nursing Licensing Examination.
  703         6. The number of graduates who become employed as practical
  704  or professional nurses in the state.
  705         (b) The Florida Center for Nursing shall evaluate the
  706  board’s implementation of the:
  707         1. Program application approval process, including, but not
  708  limited to, the number of program applications submitted under
  709  subsection (1),; the number of program applications approved and
  710  denied by the board under subsection (2),; the number of denials
  711  of program applications reviewed under chapter 120,; and a
  712  description of the outcomes of those reviews.
  713         2. Accountability processes, including, but not limited to,
  714  the number of programs on probationary status, the number of
  715  approved programs for which the program director is required to
  716  appear before the board under subsection (5), the number of
  717  approved programs terminated by the board, the number of
  718  terminations reviewed under chapter 120, and a description of
  719  the outcomes of those reviews.
  720         (c) The Florida Center for Nursing shall complete an annual
  721  assessment of compliance by programs with the accreditation
  722  requirements of subsection (11), include in the assessment a
  723  determination of the accreditation process status for each
  724  program, and submit the assessment as part of the reports
  725  required by this subsection.
  726         (11) ACCREDITATION REQUIRED.—
  727         (f)To increase the supply of available nurses, it is the
  728  intent of the Legislature to accommodate nursing education
  729  programs that are in substantial compliance with this
  730  subsection. An approved nursing education program may, no sooner
  731  than 90 days before the deadline for meeting the accreditation
  732  requirements of this subsection, apply to the board for an
  733  extension of the accreditation deadline for a period which does
  734  not exceed 2 years. An additional extension may not be granted.
  735  In order to be eligible for the extension, the approved program
  736  must establish that it has a graduate passage rate of 60 percent
  737  or higher on the National Council of State Boards of Nursing
  738  Licensing Examination for the most recent calendar year and must
  739  meet a majority of the board’s additional criteria, including,
  740  but not limited to, all of the following:
  741         1.A student retention rate of 60 percent or higher for the
  742  most recent calendar year.
  743         2.A graduate work placement rate of 70 percent or higher
  744  for the most recent calendar year.
  745         3.The program has applied for approval or been approved by
  746  an institutional or programmatic accreditor recognized by the
  747  United States Department of Education.
  748         4.The program is in full compliance with subsections (1)
  749  and (3) and paragraph (5)(b).
  750         5.The program is not currently in its second year of
  751  probationary status under subsection (5).
  752  
  753  The applicable deadline under this paragraph is tolled from the
  754  date on which an approved program applies for an extension until
  755  the date on which the board issues a decision on the requested
  756  extension.
  757         Section 17. Section 464.202, Florida Statutes, is amended
  758  to read:
  759         464.202 Duties and powers of the board.—The board shall
  760  maintain, or contract with or approve another entity to
  761  maintain, a state registry of certified nursing assistants. The
  762  registry must consist of the name of each certified nursing
  763  assistant in this state; other identifying information defined
  764  by board rule; certification status; the effective date of
  765  certification; other information required by state or federal
  766  law; information regarding any crime or any abuse, neglect, or
  767  exploitation as provided under chapter 435; and any disciplinary
  768  action taken against the certified nursing assistant. The
  769  registry shall be accessible to the public, the
  770  certificateholder, employers, and other state agencies. The
  771  board shall adopt by rule testing procedures for use in
  772  certifying nursing assistants and shall adopt rules regulating
  773  the practice of certified nursing assistants, including
  774  disciplinary procedures and standards of practice, and
  775  specifying the scope of practice authorized and the level of
  776  supervision required for the practice of certified nursing
  777  assistants. The board may contract with or approve another
  778  entity or organization to provide the examination services,
  779  including the development and administration of examinations.
  780  The board shall require that the contract provider offer
  781  certified nursing assistant applications via the Internet, and
  782  may require the contract provider to accept certified nursing
  783  assistant applications for processing via the Internet. The
  784  board shall require the contract provider to provide the
  785  preliminary results of the certified nursing examination on the
  786  date the test is administered. The provider shall pay all
  787  reasonable costs and expenses incurred by the board in
  788  evaluating the provider’s application and performance during the
  789  delivery of services, including examination services and
  790  procedures for maintaining the certified nursing assistant
  791  registry.
  792         Section 18. Paragraph (c) of subsection (1) of section
  793  464.203, Florida Statutes, is amended to read:
  794         464.203 Certified nursing assistants; certification
  795  requirement.—
  796         (1) The board shall issue a certificate to practice as a
  797  certified nursing assistant to any person who demonstrates a
  798  minimum competency to read and write and successfully passes the
  799  required background screening pursuant to s. 400.215. If the
  800  person has successfully passed the required background screening
  801  pursuant to s. 400.215 or s. 408.809 within 90 days before
  802  applying for a certificate to practice and the person’s
  803  background screening results are not retained in the
  804  clearinghouse created under s. 435.12, the board shall waive the
  805  requirement that the applicant successfully pass an additional
  806  background screening pursuant to s. 400.215. The person must
  807  also meet one of the following requirements:
  808         (c) Is currently certified in another state or territory of
  809  the United States or in the District of Columbia; is listed on
  810  that jurisdiction’s state’s certified nursing assistant
  811  registry; and has not been found to have committed abuse,
  812  neglect, or exploitation in that jurisdiction state.
  813         Section 19. Paragraph (b) of subsection (1) of section
  814  464.204, Florida Statutes, is amended to read:
  815         464.204 Denial, suspension, or revocation of certification;
  816  disciplinary actions.—
  817         (1) The following acts constitute grounds for which the
  818  board may impose disciplinary sanctions as specified in
  819  subsection (2):
  820         (b) Intentionally Violating any provision of this chapter,
  821  chapter 456, or the rules adopted by the board.
  822         Section 20. Subsections (3) and (4) of section 466.006,
  823  Florida Statutes, are amended to read:
  824         466.006 Examination of dentists.—
  825         (3) If an applicant is a graduate of a dental college or
  826  school not accredited in accordance with paragraph (2)(b) or of
  827  a dental college or school not approved by the board, the
  828  applicant is not entitled to take the examinations required in
  829  this section to practice dentistry until she or he satisfies one
  830  of the following:
  831         (a) Completes a program of study, as defined by the board
  832  by rule, at an accredited American dental school and
  833  demonstrates receipt of a D.D.S. or D.M.D. from said school; or
  834         (b) Submits proof of having successfully completed at least
  835  2 consecutive academic years at a full-time supplemental general
  836  dentistry program accredited by the American Dental Association
  837  Commission on Dental Accreditation. This program must provide
  838  didactic and clinical education at the level of a D.D.S. or
  839  D.M.D. program accredited by the American Dental Association
  840  Commission on Dental Accreditation. For purposes of this
  841  paragraph, a supplemental general dentistry program does not
  842  include an advanced education program in a dental specialty.
  843         (4) Notwithstanding any other provision of law in chapter
  844  456 pertaining to the clinical dental licensure examination or
  845  national examinations, to be licensed as a dentist in this
  846  state, an applicant must successfully complete both of the
  847  following:
  848         (a) A written examination on the laws and rules of the
  849  state regulating the practice of dentistry.;
  850         (b)1. A practical or clinical examination, which must shall
  851  be the American Dental Licensing Examination produced by the
  852  American Board of Dental Examiners, Inc., or its successor
  853  entity, if any, that is administered in this state and graded by
  854  dentists licensed in this state and employed by the department
  855  for just such purpose, provided that the board has attained, and
  856  continues to maintain thereafter, representation on the board of
  857  directors of the American Board of Dental Examiners, the
  858  examination development committee of the American Board of
  859  Dental Examiners, and such other committees of the American
  860  Board of Dental Examiners as the board deems appropriate by rule
  861  to assure that the standards established herein are maintained
  862  organizationally. A passing score on the American Dental
  863  Licensing Examination administered in this state and graded by
  864  dentists who are licensed in this state is valid for 365 days
  865  after the date the official examination results are published.
  866         1.2.a. As an alternative to such practical or clinical
  867  examination the requirements of subparagraph 1., an applicant
  868  may submit scores from an American Dental Licensing Examination
  869  previously administered in a jurisdiction other than this state
  870  after October 1, 2011, and such examination results shall be
  871  recognized as valid for the purpose of licensure in this state.
  872  A passing score on the American Dental Licensing Examination
  873  administered out of state out-of-state shall be the same as the
  874  passing score for the American Dental Licensing Examination
  875  administered in this state and graded by dentists who are
  876  licensed in this state. The examination results are valid for
  877  365 days after the date the official examination results are
  878  published. The applicant must have completed the examination
  879  after October 1, 2011.
  880         b. This subparagraph may not be given retroactive
  881  application.
  882         2.3. If the date of an applicant’s passing American Dental
  883  Licensing Examination scores from an examination previously
  884  administered in a jurisdiction other than this state under
  885  subparagraph 1. subparagraph 2. is older than 365 days, then
  886  such scores are shall nevertheless be recognized as valid for
  887  the purpose of licensure in this state, but only if the
  888  applicant demonstrates that all of the following additional
  889  standards have been met:
  890         a.(I) The applicant completed the American Dental Licensing
  891  Examination after October 1, 2011.
  892         (II) This sub-subparagraph may not be given retroactive
  893  application;
  894         b. The applicant graduated from a dental school accredited
  895  by the American Dental Association Commission on Dental
  896  Accreditation or its successor entity, if any, or any other
  897  dental accrediting organization recognized by the United States
  898  Department of Education. Provided, however, if the applicant did
  899  not graduate from such a dental school, the applicant may submit
  900  proof of having successfully completed a full-time supplemental
  901  general dentistry program accredited by the American Dental
  902  Association Commission on Dental Accreditation of at least 2
  903  consecutive academic years at such accredited sponsoring
  904  institution. Such program must provide didactic and clinical
  905  education at the level of a D.D.S. or D.M.D. program accredited
  906  by the American Dental Association Commission on Dental
  907  Accreditation. For purposes of this paragraph, a supplemental
  908  general dentistry program does not include an advanced education
  909  program in a dental specialty;
  910         c. The applicant currently possesses a valid and active
  911  dental license in good standing, with no restriction, which has
  912  never been revoked, suspended, restricted, or otherwise
  913  disciplined, from another state or territory of the United
  914  States, the District of Columbia, or the Commonwealth of Puerto
  915  Rico;
  916         d. The applicant submits proof that he or she has never
  917  been reported to the National Practitioner Data Bank, the
  918  Healthcare Integrity and Protection Data Bank, or the American
  919  Association of Dental Boards Clearinghouse. This sub
  920  subparagraph does not apply if the applicant successfully
  921  appealed to have his or her name removed from the data banks of
  922  these agencies;
  923         e.(I)(A)In the 5 years immediately preceding the date of
  924  application for licensure in this state, The applicant submits
  925  must submit proof of having been consecutively engaged in the
  926  full-time practice of dentistry in another state or territory of
  927  the United States, the District of Columbia, or the Commonwealth
  928  of Puerto Rico in the 5 years immediately preceding the date of
  929  application for licensure in this state;, or,
  930         (B) If the applicant has been licensed in another state or
  931  territory of the United States, the District of Columbia, or the
  932  Commonwealth of Puerto Rico for less than 5 years, the applicant
  933  submits must submit proof of having been engaged in the full
  934  time practice of dentistry since the date of his or her initial
  935  licensure.
  936         (II) As used in this section, “full-time practice” is
  937  defined as a minimum of 1,200 hours per year for each and every
  938  year in the consecutive 5-year period or, when where applicable,
  939  the period since initial licensure, and must include any
  940  combination of the following:
  941         (A) Active clinical practice of dentistry providing direct
  942  patient care.
  943         (B) Full-time practice as a faculty member employed by a
  944  dental or dental hygiene school approved by the board or
  945  accredited by the American Dental Association Commission on
  946  Dental Accreditation.
  947         (C) Full-time practice as a student at a postgraduate
  948  dental education program approved by the board or accredited by
  949  the American Dental Association Commission on Dental
  950  Accreditation.
  951         (III) The board shall develop rules to determine what type
  952  of proof of full-time practice is required and to recoup the
  953  cost to the board of verifying full-time practice under this
  954  section. Such proof must, at a minimum, be:
  955         (A) Admissible as evidence in an administrative proceeding;
  956         (B) Submitted in writing;
  957         (C) Submitted by the applicant under oath with penalties of
  958  perjury attached;
  959         (D) Further documented by an affidavit of someone unrelated
  960  to the applicant who is familiar with the applicant’s practice
  961  and testifies with particularity that the applicant has been
  962  engaged in full-time practice; and
  963         (E) Specifically found by the board to be both credible and
  964  admissible.
  965         (IV) An affidavit of only the applicant is not acceptable
  966  proof of full-time practice unless it is further attested to by
  967  someone unrelated to the applicant who has personal knowledge of
  968  the applicant’s practice. If the board deems it necessary to
  969  assess credibility or accuracy, the board may require the
  970  applicant or the applicant’s witnesses to appear before the
  971  board and give oral testimony under oath;
  972         f. The applicant submits must submit documentation that he
  973  or she has completed, or will complete before he or she is
  974  licensed, prior to licensure in this state, continuing education
  975  equivalent to this state’s requirements for the last full
  976  reporting biennium;
  977         g. The applicant proves must prove that he or she has never
  978  been convicted of, or pled nolo contendere to, regardless of
  979  adjudication, any felony or misdemeanor related to the practice
  980  of a health care profession in any jurisdiction;
  981         h. The applicant has must successfully passed pass a
  982  written examination on the laws and rules of this state
  983  regulating the practice of dentistry and must successfully pass
  984  the computer-based diagnostic skills examination; and
  985         i. The applicant submits must submit documentation that he
  986  or she has successfully completed the applicable examination
  987  administered by the Joint Commission on National Dental
  988  Examinations or its successor organization National Board of
  989  Dental Examiners dental examination.
  990         Section 21. Notwithstanding the January 1, 2020, repeal of
  991  section 466.0067, Florida Statutes, that section is revived,
  992  reenacted, and amended, to read:
  993         466.0067 Application for health access dental license.—The
  994  Legislature finds that there is an important state interest in
  995  attracting dentists to practice in underserved health access
  996  settings in this state and further, that allowing out-of-state
  997  dentists who meet certain criteria to practice in health access
  998  settings without the supervision of a dentist licensed in this
  999  state is substantially related to achieving this important state
 1000  interest. Therefore, notwithstanding the requirements of s.
 1001  466.006, the board shall grant a health access dental license to
 1002  practice dentistry in this state in health access settings as
 1003  defined in s. 466.003 to an applicant who that:
 1004         (1) Files an appropriate application approved by the board;
 1005         (2) Pays an application license fee for a health access
 1006  dental license, laws-and-rule exam fee, and an initial licensure
 1007  fee. The fees specified in this subsection may not differ from
 1008  an applicant seeking licensure pursuant to s. 466.006;
 1009         (3) Has not been convicted of or pled nolo contendere to,
 1010  regardless of adjudication, any felony or misdemeanor related to
 1011  the practice of a health care profession;
 1012         (4) Submits proof of graduation from a dental school
 1013  accredited by the Commission on Dental Accreditation of the
 1014  American Dental Association or its successor agency;
 1015         (5) Submits documentation that she or he has completed, or
 1016  will obtain before prior to licensure, continuing education
 1017  equivalent to this state’s requirement for dentists licensed
 1018  under s. 466.006 for the last full reporting biennium before
 1019  applying for a health access dental license;
 1020         (6) Submits proof of her or his successful completion of
 1021  parts I and II of the dental examination by the National Board
 1022  of Dental Examiners and a state or regional clinical dental
 1023  licensing examination that the board has determined effectively
 1024  measures the applicant’s ability to practice safely;
 1025         (7) Currently holds a valid, active, dental license in good
 1026  standing which has not been revoked, suspended, restricted, or
 1027  otherwise disciplined from another of the United States, the
 1028  District of Columbia, or a United States territory;
 1029         (8) Has never had a license revoked from another of the
 1030  United States, the District of Columbia, or a United States
 1031  territory;
 1032         (9) Has never failed the examination specified in s.
 1033  466.006, unless the applicant was reexamined pursuant to s.
 1034  466.006 and received a license to practice dentistry in this
 1035  state;
 1036         (10) Has not been reported to the National Practitioner
 1037  Data Bank, unless the applicant successfully appealed to have
 1038  his or her name removed from the data bank;
 1039         (11) Submits proof that he or she has been engaged in the
 1040  active, clinical practice of dentistry providing direct patient
 1041  care for 5 years immediately preceding the date of application,
 1042  or in instances when the applicant has graduated from an
 1043  accredited dental school within the preceding 5 years, submits
 1044  proof of continuous clinical practice providing direct patient
 1045  care since graduation; and
 1046         (12) Has passed an examination covering the laws and rules
 1047  of the practice of dentistry in this state as described in s.
 1048  466.006(4)(a).
 1049         Section 22. Notwithstanding the January 1, 2020, repeal of
 1050  section 466.00671, Florida Statutes, that section is revived,
 1051  reenacted, and amended to read:
 1052         466.00671 Renewal of the health access dental license.—
 1053         (1) A health access dental licensee shall apply for renewal
 1054  each biennium. At the time of renewal, the licensee shall sign a
 1055  statement that she or he has complied with all continuing
 1056  education requirements of an active dentist licensee. The board
 1057  shall renew a health access dental license for an applicant who
 1058  that:
 1059         (a) Submits documentation, as approved by the board, from
 1060  the employer in the health access setting that the licensee has
 1061  at all times pertinent remained an employee;
 1062         (b) Has not been convicted of or pled nolo contendere to,
 1063  regardless of adjudication, any felony or misdemeanor related to
 1064  the practice of a health care profession;
 1065         (c) Has paid a renewal fee set by the board. The fee
 1066  specified herein may not differ from the renewal fee adopted by
 1067  the board pursuant to s. 466.013. The department may provide
 1068  payment for these fees through the dentist’s salary, benefits,
 1069  or other department funds;
 1070         (d) Has not failed the examination specified in s. 466.006
 1071  since initially receiving a health access dental license or
 1072  since the last renewal; and
 1073         (e) Has not been reported to the National Practitioner Data
 1074  Bank, unless the applicant successfully appealed to have his or
 1075  her name removed from the data bank.
 1076         (2) The board may undertake measures to independently
 1077  verify the health access dental licensee’s ongoing employment
 1078  status in the health access setting.
 1079         Section 23. Notwithstanding the January 1, 2020, repeal of
 1080  section 466.00672, Florida Statutes, that section is revived and
 1081  reenacted to read:
 1082         466.00672 Revocation of health access dental license.—
 1083         (1) The board shall revoke a health access dental license
 1084  upon:
 1085         (a) The licensee’s termination from employment from a
 1086  qualifying health access setting;
 1087         (b) Final agency action determining that the licensee has
 1088  violated any provision of s. 466.027 or s. 466.028, other than
 1089  infractions constituting citation offenses or minor violations;
 1090  or
 1091         (c) Failure of the Florida dental licensure examination.
 1092         (2) Failure of an individual licensed pursuant to s.
 1093  466.0067 to limit the practice of dentistry to health access
 1094  settings as defined in s. 466.003 constitutes the unlicensed
 1095  practice of dentistry.
 1096         Section 24. Paragraph (b) of subsection (4) and paragraph
 1097  (a) of subsection (6) of section 466.007, Florida Statutes, are
 1098  amended to read:
 1099         466.007 Examination of dental hygienists.—
 1100         (4) Effective July 1, 2012, to be licensed as a dental
 1101  hygienist in this state, an applicant must successfully complete
 1102  the following:
 1103         (b) A practical or clinical examination approved by the
 1104  board. The examination shall be the Dental Hygiene Examination
 1105  produced by the American Board of Dental Examiners, Inc. (ADEX)
 1106  or its successor entity, if any, if the board finds that the
 1107  successor entity’s clinical examination meets or exceeds the
 1108  provisions of this section. The board shall approve the ADEX
 1109  Dental Hygiene Examination if the board has attained and
 1110  continues to maintain representation on the ADEX House of
 1111  Representatives, the ADEX Dental Hygiene Examination Development
 1112  Committee, and such other ADEX Dental Hygiene committees as the
 1113  board deems appropriate through rulemaking to ensure that the
 1114  standards established in this section are maintained
 1115  organizationally. The ADEX Dental Hygiene Examination or the
 1116  examination produced by its successor entity is a comprehensive
 1117  examination in which an applicant must demonstrate skills within
 1118  the dental hygiene scope of practice on a live patient and any
 1119  other components that the board deems necessary for the
 1120  applicant to successfully demonstrate competency for the purpose
 1121  of licensure. The ADEX Dental Hygiene Examination or the
 1122  examination by the successor entity administered in this state
 1123  shall be graded by dentists and dental hygienists licensed in
 1124  this state who are employed by the department for this purpose.
 1125         (6)(a) A passing score on the ADEX Dental Hygiene
 1126  Examination administered out of state must shall be considered
 1127  the same as a passing score for the ADEX Dental Hygiene
 1128  Examination administered in this state and graded by licensed
 1129  dentists and dental hygienists.
 1130         Section 25. Subsections (9) through (15) are added to
 1131  section 466.017, Florida Statutes, to read:
 1132         466.017 Prescription of drugs; anesthesia.—
 1133         (9)Any adverse incident that occurs in an office
 1134  maintained by a dentist must be reported to the department. The
 1135  required notification to the department must be submitted in
 1136  writing by certified mail and postmarked within 48 hours after
 1137  the incident occurs.
 1138         (10)A dentist practicing in this state must notify the
 1139  board in writing by certified mail within 48 hours after any
 1140  adverse incident that occurs in the dentist’s outpatient
 1141  facility. A complete written report must be filed with the board
 1142  within 30 days after the incident occurs.
 1143         (11)Any certified registered dental hygienist
 1144  administering local anesthesia must notify the board in writing
 1145  by registered mail within 48 hours after any adverse incident
 1146  that was related to or the result of the administration of local
 1147  anesthesia. A complete written report must be filed with the
 1148  board within 30 days after the mortality or other adverse
 1149  incident.
 1150         (12)A failure by the dentist or dental hygienist to timely
 1151  and completely comply with all the reporting requirements in
 1152  this section is the basis for disciplinary action by the board
 1153  pursuant to s. 466.028(1).
 1154         (13)The department shall review each adverse incident and
 1155  determine whether it involved conduct by a health care
 1156  professional subject to disciplinary action, in which case s.
 1157  456.073 applies. Disciplinary action, if any, shall be taken by
 1158  the board under which the health care professional is licensed.
 1159         (14)As used in subsections (9)-(13), the term “adverse
 1160  incident” means any mortality that occurs during or as the
 1161  result of a dental procedure, or an incident that results in a
 1162  temporary or permanent physical or mental injury that requires
 1163  hospitalization or emergency room treatment of a dental patient
 1164  which occurs during or as a direct result of the use of general
 1165  anesthesia, deep sedation, moderate sedation, pediatric moderate
 1166  sedation, oral sedation, minimal sedation (anxiolysis), nitrous
 1167  oxide, or local anesthesia.
 1168         (15)The board may adopt rules to administer this section.
 1169         Section 26. Section 466.031, Florida Statutes, is amended
 1170  to read:
 1171         466.031 Dental laboratories laboratory” defined.—
 1172         (1)As used in this chapter, the term “dental laboratory”
 1173  as used in this chapter:
 1174         (1) includes any person, firm, or corporation that who
 1175  performs for a fee of any kind, gratuitously, or otherwise,
 1176  directly or through an agent or an employee, by any means or
 1177  method, or who in any way supplies or manufactures artificial
 1178  substitutes for the natural teeth;, or who furnishes, supplies,
 1179  constructs, or reproduces or repairs any prosthetic denture,
 1180  bridge, or appliance to be worn in the human mouth; or who in
 1181  any way represents holds itself out as a dental laboratory.
 1182         (2) The term does not include a Excludes any dental
 1183  laboratory technician who constructs or repairs dental
 1184  prosthetic appliances in the office of a licensed dentist
 1185  exclusively for that such dentist only and under her or his
 1186  supervision and work order.
 1187         (2) An employee or independent contractor of a dental
 1188  laboratory, acting as an agent of that dental laboratory, may
 1189  engage in onsite consultation with a licensed dentist during a
 1190  dental procedure.
 1191         Section 27. Section 466.036, Florida Statutes, is amended
 1192  to read:
 1193         466.036 Information; periodic inspections; equipment and
 1194  supplies.—The department may require from the applicant for a
 1195  registration certificate to operate a dental laboratory any
 1196  information necessary to carry out the purpose of this chapter,
 1197  including proof that the applicant has the equipment and
 1198  supplies necessary to operate as determined by rule of the
 1199  department, and shall require periodic inspection of all dental
 1200  laboratories operating in this state at least once each biennial
 1201  registration period. Such inspections must shall include, but
 1202  need not be limited to, inspection of sanitary conditions,
 1203  equipment, supplies, and facilities on the premises. The
 1204  department shall specify dental equipment and supplies that are
 1205  not allowed permitted in a registered dental laboratory.
 1206         Section 28. Subsection (1) of section 468.701, Florida
 1207  Statutes, is amended to read:
 1208         468.701 Definitions.—As used in this part, the term:
 1209         (1) “Athletic trainer” means a person licensed under this
 1210  part who has met the requirements of under this part, including
 1211  the education requirements established as set forth by the
 1212  Commission on Accreditation of Athletic Training Education or
 1213  its successor organization and necessary credentials from the
 1214  Board of Certification. An individual who is licensed as an
 1215  athletic trainer may not provide, offer to provide, or represent
 1216  that he or she is qualified to provide any care or services that
 1217  he or she lacks the education, training, or experience to
 1218  provide, or that he or she is otherwise prohibited by law from
 1219  providing.
 1220         Section 29. Section 468.707, Florida Statutes, is amended
 1221  to read:
 1222         468.707 Licensure requirements.—Any person desiring to be
 1223  licensed as an athletic trainer shall apply to the department on
 1224  a form approved by the department. An applicant shall also
 1225  provide records or other evidence, as determined by the board,
 1226  to prove he or she has met the requirements of this section. The
 1227  department shall license each applicant who:
 1228         (1) Has completed the application form and remitted the
 1229  required fees.
 1230         (2) For a person who applies on or after July 1, 2016, Has
 1231  submitted to background screening pursuant to s. 456.0135. The
 1232  board may require a background screening for an applicant whose
 1233  license has expired or who is undergoing disciplinary action.
 1234         (3)(a) Has obtained, at a minimum, a bachelor’s
 1235  baccalaureate or higher degree from a college or university
 1236  professional athletic training degree program accredited by the
 1237  Commission on Accreditation of Athletic Training Education or
 1238  its successor organization recognized and approved by the United
 1239  States Department of Education or the Commission on Recognition
 1240  of Postsecondary Accreditation, approved by the board, or
 1241  recognized by the Board of Certification, and has passed the
 1242  national examination to be certified by the Board of
 1243  Certification; or.
 1244         (b)(4)Has obtained, at a minimum, a bachelor’s degree, has
 1245  completed the Board of Certification internship requirements,
 1246  and holds If graduated before 2004, has a current certification
 1247  from the Board of Certification.
 1248         (4)(5) Has current certification in both cardiopulmonary
 1249  resuscitation and the use of an automated external defibrillator
 1250  set forth in the continuing education requirements as determined
 1251  by the board pursuant to s. 468.711.
 1252         (5)(6) Has completed any other requirements as determined
 1253  by the department and approved by the board.
 1254         Section 30. Subsection (3) of section 468.711, Florida
 1255  Statutes, is amended to read:
 1256         468.711 Renewal of license; continuing education.—
 1257         (3) If initially licensed after January 1, 1998, the
 1258  licensee must be currently certified by the Board of
 1259  Certification or its successor agency and maintain that
 1260  certification in good standing without lapse.
 1261         Section 31. Section 468.713, Florida Statutes, is amended
 1262  to read:
 1263         468.713 Responsibilities of athletic trainers.—
 1264         (1) An athletic trainer shall practice under the direction
 1265  of a physician licensed under chapter 458, chapter 459, chapter
 1266  460, or otherwise authorized by Florida law to practice
 1267  medicine. The physician shall communicate his or her direction
 1268  through oral or written prescriptions or protocols as deemed
 1269  appropriate by the physician for the provision of services and
 1270  care by the athletic trainer. An athletic trainer shall provide
 1271  service or care in the manner dictated by the physician.
 1272         (2) An athletic trainer shall work within his or her
 1273  allowable scope of practice as specified by board rule under s.
 1274  468.705. An athletic trainer may not provide, offer to provide,
 1275  or represent that he or she is qualified to provide any care or
 1276  services that he or she lacks the education, training, or
 1277  experience to provide or that he or she is otherwise prohibited
 1278  by law from providing.
 1279         Section 32. Subsection (2) of section 468.723, Florida
 1280  Statutes, is amended to read:
 1281         468.723 Exemptions.—This part does not prohibit prevent or
 1282  restrict:
 1283         (2) An athletic training student acting under the direct
 1284  supervision of a licensed athletic trainer. For purposes of this
 1285  subsection, “direct supervision” means the physical presence of
 1286  an athletic trainer so that the athletic trainer is immediately
 1287  available to the athletic training student and able to intervene
 1288  on behalf of the athletic training student. The supervision must
 1289  comply with board rule in accordance with the standards set
 1290  forth by the Commission on Accreditation of Athletic Training
 1291  Education or its successor.
 1292         Section 33. Subsections (1), (3), and (4) of section
 1293  468.803, Florida Statutes, are amended to read:
 1294         468.803 License, registration, and examination
 1295  requirements.—
 1296         (1) The department shall issue a license to practice
 1297  orthotics, prosthetics, or pedorthics, or a registration for a
 1298  resident to practice orthotics or prosthetics, to qualified
 1299  applicants. Licenses to practice shall be granted independently
 1300  in orthotics, prosthetics, or pedorthics must be granted
 1301  independently, but a person may be licensed in more than one
 1302  such discipline, and a prosthetist-orthotist license may be
 1303  granted to persons meeting the requirements for licensure both
 1304  as a prosthetist and as an orthotist license. Registrations to
 1305  practice shall be granted independently in orthotics or
 1306  prosthetics must be granted independently, and a person may be
 1307  registered in both disciplines fields at the same time or
 1308  jointly in orthotics and prosthetics as a dual registration.
 1309         (3) A person seeking to attain the required orthotics or
 1310  prosthetics experience required for licensure in this state must
 1311  be approved by the board and registered as a resident by the
 1312  department. Although a registration may be held in both
 1313  disciplines practice fields, for independent registrations the
 1314  board may shall not approve a second registration until at least
 1315  1 year after the issuance of the first registration.
 1316  Notwithstanding subsection (2), a person an applicant who has
 1317  been approved by the board and registered by the department in
 1318  one discipline practice field may apply for registration in the
 1319  second discipline practice field without an additional state or
 1320  national criminal history check during the period in which the
 1321  first registration is valid. Each independent registration or
 1322  dual registration is valid for 2 years after from the date of
 1323  issuance unless otherwise revoked by the department upon
 1324  recommendation of the board. The board shall set a registration
 1325  fee not to exceed $500 to be paid by the applicant. A
 1326  registration may be renewed once by the department upon
 1327  recommendation of the board for a period no longer than 1 year,
 1328  as such renewal is defined by the board by rule. The
 1329  registration renewal fee may shall not exceed one-half the
 1330  current registration fee. To be considered by the board for
 1331  approval of registration as a resident, the applicant must have
 1332  one of the following:
 1333         (a) A Bachelor of Science or higher-level postgraduate
 1334  degree in orthotics and prosthetics from a regionally accredited
 1335  college or university recognized by the Commission on
 1336  Accreditation of Allied Health Education Programs. or, at
 1337         (b) A minimum of, a bachelor’s degree from a regionally
 1338  accredited college or university and a certificate in orthotics
 1339  or prosthetics from a program recognized by the Commission on
 1340  Accreditation of Allied Health Education Programs, or its
 1341  equivalent, as determined by the board.; or
 1342         (c)A minimum of a bachelor’s degree from a regionally
 1343  accredited college or university and a dual certificate in both
 1344  orthotics and prosthetics from programs recognized by the
 1345  Commission on Accreditation of Allied Health Education Programs,
 1346  or its equivalent, as determined by the board.
 1347         (b)A Bachelor of Science or higher-level postgraduate
 1348  degree in Orthotics and Prosthetics from a regionally accredited
 1349  college or university recognized by the Commission on
 1350  Accreditation of Allied Health Education Programs or, at a
 1351  minimum, a bachelor’s degree from a regionally accredited
 1352  college or university and a certificate in prosthetics from a
 1353  program recognized by the Commission on Accreditation of Allied
 1354  Health Education Programs, or its equivalent, as determined by
 1355  the board.
 1356         (4) The department may develop and administer a state
 1357  examination for an orthotist or a prosthetist license, or the
 1358  board may approve the existing examination of a national
 1359  standards organization. The examination must be predicated on a
 1360  minimum of a baccalaureate-level education and formalized
 1361  specialized training in the appropriate field. Each examination
 1362  must demonstrate a minimum level of competence in basic
 1363  scientific knowledge, written problem solving, and practical
 1364  clinical patient management. The board shall require an
 1365  examination fee not to exceed the actual cost to the board in
 1366  developing, administering, and approving the examination, which
 1367  fee must be paid by the applicant. To be considered by the board
 1368  for examination, the applicant must have:
 1369         (a) For an examination in orthotics:
 1370         1. A Bachelor of Science or higher-level postgraduate
 1371  degree in orthotics and prosthetics from a regionally accredited
 1372  college or university recognized by the Commission on
 1373  Accreditation of Allied Health Education Programs or, at a
 1374  minimum, a bachelor’s degree from a regionally accredited
 1375  college or university and a certificate in orthotics from a
 1376  program recognized by the Commission on Accreditation of Allied
 1377  Health Education Programs, or its equivalent, as determined by
 1378  the board; and
 1379         2. An approved orthotics internship of 1 year of qualified
 1380  experience, as determined by the board, or an orthotic residency
 1381  or dual residency program recognized by the board.
 1382         (b) For an examination in prosthetics:
 1383         1. A Bachelor of Science or higher-level postgraduate
 1384  degree in orthotics and prosthetics from a regionally accredited
 1385  college or university recognized by the Commission on
 1386  Accreditation of Allied Health Education Programs or, at a
 1387  minimum, a bachelor’s degree from a regionally accredited
 1388  college or university and a certificate in prosthetics from a
 1389  program recognized by the Commission on Accreditation of Allied
 1390  Health Education Programs, or its equivalent, as determined by
 1391  the board; and
 1392         2. An approved prosthetics internship of 1 year of
 1393  qualified experience, as determined by the board, or a
 1394  prosthetic residency or dual residency program recognized by the
 1395  board.
 1396         Section 34. Subsection (5) of section 480.033, Florida
 1397  Statutes, is amended to read:
 1398         480.033 Definitions.—As used in this act:
 1399         (5) “Apprentice” means a person approved by the board to
 1400  study colonic irrigation massage under the instruction of a
 1401  licensed massage therapist practicing colonic irrigation.
 1402         Section 35. Subsections (1) and (2) of section 480.041,
 1403  Florida Statutes, are amended, and subsection (8) is added to
 1404  that section, to read:
 1405         480.041 Massage therapists; qualifications; licensure;
 1406  endorsement.—
 1407         (1) Any person is qualified for licensure as a massage
 1408  therapist under this act who:
 1409         (a) Is at least 18 years of age or has received a high
 1410  school diploma or high school equivalency diploma;
 1411         (b) Has completed a course of study at a board-approved
 1412  massage school or has completed an apprenticeship program that
 1413  meets standards adopted by the board; and
 1414         (c) Has received a passing grade on a national an
 1415  examination designated administered by the board department.
 1416         (2) Every person desiring to be examined for licensure as a
 1417  massage therapist must shall apply to the department in writing
 1418  upon forms prepared and furnished by the department. Such
 1419  applicants are shall be subject to the provisions of s.
 1420  480.046(1). Applicants may take an examination administered by
 1421  the department only upon meeting the requirements of this
 1422  section as determined by the board.
 1423         (8)A person issued a license as a massage apprentice
 1424  before July 1, 2020, may continue that apprenticeship and
 1425  perform massage therapy as authorized under that license until
 1426  it expires. Upon completion of the apprenticeship, which must
 1427  occur before July 1, 2023, a massage apprentice may apply to the
 1428  board for full licensure and be granted a license if all other
 1429  applicable licensure requirements are met.
 1430         Section 36. Section 480.042, Florida Statutes, is repealed.
 1431         Section 37. Subsection (3) of section 490.003, Florida
 1432  Statutes, is amended to read:
 1433         490.003 Definitions.—As used in this chapter:
 1434         (3)(a)Prior to July 1, 1999, “doctoral-level psychological
 1435  education” and “doctoral degree in psychology” mean a Psy.D., an
 1436  Ed.D. in psychology, or a Ph.D. in psychology from:
 1437         1.An educational institution which, at the time the
 1438  applicant was enrolled and graduated, had institutional
 1439  accreditation from an agency recognized and approved by the
 1440  United States Department of Education or was recognized as a
 1441  member in good standing with the Association of Universities and
 1442  Colleges of Canada; and
 1443         2.A psychology program within that educational institution
 1444  which, at the time the applicant was enrolled and graduated, had
 1445  programmatic accreditation from an accrediting agency recognized
 1446  and approved by the United States Department of Education or was
 1447  comparable to such programs.
 1448         (b) Effective July 1, 1999, “doctoral-level psychological
 1449  education” and “doctoral degree in psychology” mean a Psy.D., an
 1450  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1451  program at:
 1452         1. an educational institution that which, at the time the
 1453  applicant was enrolled and graduated:
 1454         (a), Had institutional accreditation from an agency
 1455  recognized and approved by the United States Department of
 1456  Education or was recognized as a member in good standing with
 1457  the Association of Universities and Colleges of Canada; and
 1458         (b)2.A psychology program within that educational
 1459  institution which, at the time the applicant was enrolled and
 1460  graduated, Had programmatic accreditation from the American
 1461  Psychological Association an agency recognized and approved by
 1462  the United States Department of Education.
 1463         Section 38. Paragraph (b) of subsection (1) and paragraph
 1464  (b) of subsection (2) of section 490.005, Florida Statutes, are
 1465  amended to read:
 1466         490.005 Licensure by examination.—
 1467         (1) Any person desiring to be licensed as a psychologist
 1468  shall apply to the department to take the licensure examination.
 1469  The department shall license each applicant who the board
 1470  certifies has:
 1471         (b) Submitted proof satisfactory to the board that the
 1472  applicant has received:
 1473         1. Received Doctoral-level psychological education, as
 1474  defined in s. 490.003(3); or
 1475         2. Received The equivalent of a doctoral-level
 1476  psychological education, as defined in s. 490.003(3), from a
 1477  program at a school or university located outside the United
 1478  States of America and Canada, which was officially recognized by
 1479  the government of the country in which it is located as an
 1480  institution or program to train students to practice
 1481  professional psychology. The applicant has the burden of
 1482  establishing that this requirement has the requirements of this
 1483  provision have been met shall be upon the applicant;
 1484         3.Received and submitted to the board, prior to July 1,
 1485  1999, certification of an augmented doctoral-level psychological
 1486  education from the program director of a doctoral-level
 1487  psychology program accredited by a programmatic agency
 1488  recognized and approved by the United States Department of
 1489  Education; or
 1490         4.Received and submitted to the board, prior to August 31,
 1491  2001, certification of a doctoral-level program that at the time
 1492  the applicant was enrolled and graduated maintained a standard
 1493  of education and training comparable to the standard of training
 1494  of programs accredited by a programmatic agency recognized and
 1495  approved by the United States Department of Education. Such
 1496  certification of comparability shall be provided by the program
 1497  director of a doctoral-level psychology program accredited by a
 1498  programmatic agency recognized and approved by the United States
 1499  Department of Education.
 1500         (2) Any person desiring to be licensed as a school
 1501  psychologist shall apply to the department to take the licensure
 1502  examination. The department shall license each applicant who the
 1503  department certifies has:
 1504         (b) Submitted satisfactory proof to the department that the
 1505  applicant:
 1506         1. Has received a doctorate, specialist, or equivalent
 1507  degree from a program primarily psychological in nature and has
 1508  completed 60 semester hours or 90 quarter hours of graduate
 1509  study, in areas related to school psychology as defined by rule
 1510  of the department, from a college or university which at the
 1511  time the applicant was enrolled and graduated was accredited by
 1512  an accrediting agency recognized and approved by the Council for
 1513  Higher Education Accreditation or its successor organization
 1514  Commission on Recognition of Postsecondary Accreditation or from
 1515  an institution that which is publicly recognized as a member in
 1516  good standing with the Association of Universities and Colleges
 1517  of Canada.
 1518         2. Has had a minimum of 3 years of experience in school
 1519  psychology, 2 years of which must be supervised by an individual
 1520  who is a licensed school psychologist or who has otherwise
 1521  qualified as a school psychologist supervisor, by education and
 1522  experience, as set forth by rule of the department. A doctoral
 1523  internship may be applied toward the supervision requirement.
 1524         3. Has passed an examination provided by the department.
 1525         Section 39. Subsection (1) of section 490.006, Florida
 1526  Statutes, is amended to read:
 1527         490.006 Licensure by endorsement.—
 1528         (1) The department shall license a person as a psychologist
 1529  or school psychologist who, upon applying to the department and
 1530  remitting the appropriate fee, demonstrates to the department
 1531  or, in the case of psychologists, to the board that the
 1532  applicant:
 1533         (a)Holds a valid license or certificate in another state
 1534  to practice psychology or school psychology, as applicable,
 1535  provided that, when the applicant secured such license or
 1536  certificate, the requirements were substantially equivalent to
 1537  or more stringent than those set forth in this chapter at that
 1538  time; and, if no Florida law existed at that time, then the
 1539  requirements in the other state must have been substantially
 1540  equivalent to or more stringent than those set forth in this
 1541  chapter at the present time;
 1542         (a)(b) Is a diplomate in good standing with the American
 1543  Board of Professional Psychology, Inc.; or
 1544         (b)(c) Possesses a doctoral degree in psychology as
 1545  described in s. 490.003 and has at least 10 20 years of
 1546  experience as a licensed psychologist in any jurisdiction or
 1547  territory of the United States within the 25 years preceding the
 1548  date of application.
 1549         Section 40. Subsection (6) of section 491.0045, Florida
 1550  Statutes, as amended by chapters 2016-80 and 2016-241, Laws of
 1551  Florida, is amended to read:
 1552         491.0045 Intern registration; requirements.—
 1553         (6) A registration issued on or before March 31, 2017,
 1554  expires March 31, 2022, and may not be renewed or reissued. Any
 1555  registration issued after March 31, 2017, expires 60 months
 1556  after the date it is issued. The board may make a one-time
 1557  exception from the requirements of this subsection in emergency
 1558  or hardship cases, as defined by board rule, if A subsequent
 1559  intern registration may not be issued unless the candidate has
 1560  passed the theory and practice examination described in s.
 1561  491.005(1)(d), (3)(d), and (4)(d).
 1562         Section 41. Subsections (3) and (4) of section 491.005,
 1563  Florida Statutes, are amended to read:
 1564         491.005 Licensure by examination.—
 1565         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1566  documentation and payment of a fee not to exceed $200, as set by
 1567  board rule, plus the actual cost of to the department for the
 1568  purchase of the examination from the Association of Marital and
 1569  Family Therapy Regulatory Board, or similar national
 1570  organization, the department shall issue a license as a marriage
 1571  and family therapist to an applicant who the board certifies:
 1572         (a) Has submitted an application and paid the appropriate
 1573  fee.
 1574         (b)1. Has a minimum of a master’s degree with major
 1575  emphasis in marriage and family therapy, or a closely related
 1576  field from a program accredited by the Commission on
 1577  Accreditation for Marriage and Family Therapy Education or from
 1578  a Florida university program accredited by the Council for
 1579  Accreditation of Counseling and Related Educational Programs,
 1580  and graduate courses approved by the Board of Clinical Social
 1581  Work, Marriage and Family Therapy, and Mental Health Counseling.
 1582  has completed all of the following requirements:
 1583         a.Thirty-six semester hours or 48 quarter hours of
 1584  graduate coursework, which must include a minimum of 3 semester
 1585  hours or 4 quarter hours of graduate-level course credits in
 1586  each of the following nine areas: dynamics of marriage and
 1587  family systems; marriage therapy and counseling theory and
 1588  techniques; family therapy and counseling theory and techniques;
 1589  individual human development theories throughout the life cycle;
 1590  personality theory or general counseling theory and techniques;
 1591  psychopathology; human sexuality theory and counseling
 1592  techniques; psychosocial theory; and substance abuse theory and
 1593  counseling techniques. Courses in research, evaluation,
 1594  appraisal, assessment, or testing theories and procedures;
 1595  thesis or dissertation work; or practicums, internships, or
 1596  fieldwork may not be applied toward this requirement.
 1597         b.A minimum of one graduate-level course of 3 semester
 1598  hours or 4 quarter hours in legal, ethical, and professional
 1599  standards issues in the practice of marriage and family therapy
 1600  or a course determined by the board to be equivalent.
 1601         c.A minimum of one graduate-level course of 3 semester
 1602  hours or 4 quarter hours in diagnosis, appraisal, assessment,
 1603  and testing for individual or interpersonal disorder or
 1604  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
 1605  hour graduate-level course in behavioral research which focuses
 1606  on the interpretation and application of research data as it
 1607  applies to clinical practice. Credit for thesis or dissertation
 1608  work, practicums, internships, or fieldwork may not be applied
 1609  toward this requirement.
 1610         d.A minimum of one supervised clinical practicum,
 1611  internship, or field experience in a marriage and family
 1612  counseling setting, during which the student provided 180 direct
 1613  client contact hours of marriage and family therapy services
 1614  under the supervision of an individual who met the requirements
 1615  for supervision under paragraph (c). This requirement may be met
 1616  by a supervised practice experience which took place outside the
 1617  academic arena, but which is certified as equivalent to a
 1618  graduate-level practicum or internship program which required a
 1619  minimum of 180 direct client contact hours of marriage and
 1620  family therapy services currently offered within an academic
 1621  program of a college or university accredited by an accrediting
 1622  agency approved by the United States Department of Education, or
 1623  an institution which is publicly recognized as a member in good
 1624  standing with the Association of Universities and Colleges of
 1625  Canada or a training institution accredited by the Commission on
 1626  Accreditation for Marriage and Family Therapy Education
 1627  recognized by the United States Department of Education.
 1628  Certification shall be required from an official of such
 1629  college, university, or training institution.
 1630         2. If the course title that which appears on the
 1631  applicant’s transcript does not clearly identify the content of
 1632  the coursework, the applicant shall be required to provide
 1633  additional documentation, including, but not limited to, a
 1634  syllabus or catalog description published for the course.
 1635  
 1636  The required master’s degree must have been received in an
 1637  institution of higher education that, which at the time the
 1638  applicant graduated, was: fully accredited by a regional
 1639  accrediting body recognized by the Commission on Recognition of
 1640  Postsecondary Accreditation or; publicly recognized as a member
 1641  in good standing with the Association of Universities and
 1642  Colleges of Canada,; or an institution of higher education
 1643  located outside the United States and Canada, which, at the time
 1644  the applicant was enrolled and at the time the applicant
 1645  graduated, maintained a standard of training substantially
 1646  equivalent to the standards of training of those institutions in
 1647  the United States which are accredited by a regional accrediting
 1648  body recognized by the Commission on Recognition of
 1649  Postsecondary Accreditation. Such foreign education and training
 1650  must have been received in an institution or program of higher
 1651  education officially recognized by the government of the country
 1652  in which it is located as an institution or program to train
 1653  students to practice as professional marriage and family
 1654  therapists or psychotherapists. The applicant has the burden of
 1655  establishing that the requirements of this provision have been
 1656  met shall be upon the applicant, and the board shall require
 1657  documentation, such as, but not limited to, an evaluation by a
 1658  foreign equivalency determination service, as evidence that the
 1659  applicant’s graduate degree program and education were
 1660  equivalent to an accredited program in this country. An
 1661  applicant with a master’s degree from a program that which did
 1662  not emphasize marriage and family therapy may complete the
 1663  coursework requirement in a training institution fully
 1664  accredited by the Commission on Accreditation for Marriage and
 1665  Family Therapy Education recognized by the United States
 1666  Department of Education.
 1667         (c) Has had at least 2 years of clinical experience during
 1668  which 50 percent of the applicant’s clients were receiving
 1669  marriage and family therapy services, which must be at the post
 1670  master’s level under the supervision of a licensed marriage and
 1671  family therapist with at least 5 years of experience, or the
 1672  equivalent, who is a qualified supervisor as determined by the
 1673  board. An individual who intends to practice in Florida to
 1674  satisfy the clinical experience requirements must register
 1675  pursuant to s. 491.0045 before commencing practice. If a
 1676  graduate has a master’s degree with a major emphasis in marriage
 1677  and family therapy or a closely related field which that did not
 1678  include all of the coursework required by paragraph (b) under
 1679  sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
 1680  clinical experience may shall not commence until the applicant
 1681  has completed a minimum of 10 of the courses required by
 1682  paragraph (b) under sub-subparagraphs (b)1.a.-c., as determined
 1683  by the board, and at least 6 semester hours or 9 quarter hours
 1684  of the course credits must have been completed in the area of
 1685  marriage and family systems, theories, or techniques. Within the
 1686  2 3 years of required experience, the applicant shall provide
 1687  direct individual, group, or family therapy and counseling, to
 1688  include the following categories of cases including those
 1689  involving: unmarried dyads, married couples, separating and
 1690  divorcing couples, and family groups that include including
 1691  children. A doctoral internship may be applied toward the
 1692  clinical experience requirement. A licensed mental health
 1693  professional must be on the premises when clinical services are
 1694  provided by a registered intern in a private practice setting.
 1695         (d) Has passed a theory and practice examination provided
 1696  by the department for this purpose.
 1697         (e) Has demonstrated, in a manner designated by board rule
 1698  of the board, knowledge of the laws and rules governing the
 1699  practice of clinical social work, marriage and family therapy,
 1700  and mental health counseling.
 1701         (f) 
 1702  
 1703  For the purposes of dual licensure, the department shall license
 1704  as a marriage and family therapist any person who meets the
 1705  requirements of s. 491.0057. Fees for dual licensure may shall
 1706  not exceed those stated in this subsection.
 1707         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1708  documentation and payment of a fee not to exceed $200, as set by
 1709  board rule, plus the actual per applicant cost of to the
 1710  department for purchase of the examination from the National
 1711  Board for Certified Counselors or its successor Professional
 1712  Examination Service for the National Academy of Certified
 1713  Clinical Mental Health Counselors or a similar national
 1714  organization, the department shall issue a license as a mental
 1715  health counselor to an applicant who the board certifies:
 1716         (a) Has submitted an application and paid the appropriate
 1717  fee.
 1718         (b)1. Has a minimum of an earned master’s degree from a
 1719  mental health counseling program accredited by the Council for
 1720  the Accreditation of Counseling and Related Educational Programs
 1721  which that consists of at least 60 semester hours or 80 quarter
 1722  hours of clinical and didactic instruction, including a course
 1723  in human sexuality and a course in substance abuse. If the
 1724  master’s degree is earned from a program related to the practice
 1725  of mental health counseling which that is not accredited by the
 1726  Council for the Accreditation of Counseling and Related
 1727  Educational Programs, then the coursework and practicum,
 1728  internship, or fieldwork must consist of at least 60 semester
 1729  hours or 80 quarter hours and meet all of the following
 1730  requirements:
 1731         a. Thirty-three semester hours or 44 quarter hours of
 1732  graduate coursework, which must include a minimum of 3 semester
 1733  hours or 4 quarter hours of graduate-level coursework in each of
 1734  the following 11 content areas: counseling theories and
 1735  practice; human growth and development; diagnosis and treatment
 1736  of psychopathology; human sexuality; group theories and
 1737  practice; individual evaluation and assessment; career and
 1738  lifestyle assessment; research and program evaluation; social
 1739  and cultural foundations; substance abuse; and legal, ethical,
 1740  and professional standards issues in the practice of mental
 1741  health counseling in community settings; and substance abuse.
 1742  Courses in research, thesis or dissertation work, practicums,
 1743  internships, or fieldwork may not be applied toward this
 1744  requirement.
 1745         b. A minimum of 3 semester hours or 4 quarter hours of
 1746  graduate-level coursework addressing diagnostic processes,
 1747  including differential diagnosis and the use of the current
 1748  diagnostic tools, such as the current edition of the American
 1749  Psychiatric Association’s Diagnostic and Statistical Manual of
 1750  Mental Disorders. The graduate program must have emphasized the
 1751  common core curricular experience in legal, ethical, and
 1752  professional standards issues in the practice of mental health
 1753  counseling, which includes goals, objectives, and practices of
 1754  professional counseling organizations, codes of ethics, legal
 1755  considerations, standards of preparation, certifications and
 1756  licensing, and the role identity and professional obligations of
 1757  mental health counselors. Courses in research, thesis or
 1758  dissertation work, practicums, internships, or fieldwork may not
 1759  be applied toward this requirement.
 1760         c. The equivalent, as determined by the board, of at least
 1761  700 1,000 hours of university-sponsored supervised clinical
 1762  practicum, internship, or field experience that includes at
 1763  least 280 hours of direct client services, as required in the
 1764  accrediting standards of the Council for Accreditation of
 1765  Counseling and Related Educational Programs for mental health
 1766  counseling programs. This experience may not be used to satisfy
 1767  the post-master’s clinical experience requirement.
 1768         2. Has provided additional documentation if a the course
 1769  title that which appears on the applicant’s transcript does not
 1770  clearly identify the content of the coursework., The applicant
 1771  shall be required to provide additional documentation must
 1772  include, including, but is not limited to, a syllabus or catalog
 1773  description published for the course.
 1774  
 1775  Education and training in mental health counseling must have
 1776  been received in an institution of higher education that, which
 1777  at the time the applicant graduated, was: fully accredited by a
 1778  regional accrediting body recognized by the Council for Higher
 1779  Education Accreditation or its successor organization or
 1780  Commission on Recognition of Postsecondary Accreditation;
 1781  publicly recognized as a member in good standing with the
 1782  Association of Universities and Colleges of Canada,; or an
 1783  institution of higher education located outside the United
 1784  States and Canada, which, at the time the applicant was enrolled
 1785  and at the time the applicant graduated, maintained a standard
 1786  of training substantially equivalent to the standards of
 1787  training of those institutions in the United States which are
 1788  accredited by a regional accrediting body recognized by the
 1789  Council for Higher Education Accreditation or its successor
 1790  organization Commission on Recognition of Postsecondary
 1791  Accreditation. Such foreign education and training must have
 1792  been received in an institution or program of higher education
 1793  officially recognized by the government of the country in which
 1794  it is located as an institution or program to train students to
 1795  practice as mental health counselors. The applicant has the
 1796  burden of establishing that the requirements of this provision
 1797  have been met shall be upon the applicant, and the board shall
 1798  require documentation, such as, but not limited to, an
 1799  evaluation by a foreign equivalency determination service, as
 1800  evidence that the applicant’s graduate degree program and
 1801  education were equivalent to an accredited program in this
 1802  country. Beginning July 1, 2025, an applicant must have a
 1803  master’s degree from a program that is accredited by the Council
 1804  for Accreditation of Counseling and Related Educational Programs
 1805  which consists of at least 60 semester hours or 80 quarter hours
 1806  to apply for licensure under this paragraph.
 1807         (c) Has had at least 2 years of clinical experience in
 1808  mental health counseling, which must be at the post-master’s
 1809  level under the supervision of a licensed mental health
 1810  counselor or the equivalent who is a qualified supervisor as
 1811  determined by the board. An individual who intends to practice
 1812  in Florida to satisfy the clinical experience requirements must
 1813  register pursuant to s. 491.0045 before commencing practice. If
 1814  a graduate has a master’s degree with a major related to the
 1815  practice of mental health counseling which that did not include
 1816  all the coursework required under sub-subparagraphs (b)1.a. and
 1817  b. (b)1.a.-b., credit for the post-master’s level clinical
 1818  experience may shall not commence until the applicant has
 1819  completed a minimum of seven of the courses required under sub
 1820  subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
 1821  board, one of which must be a course in psychopathology or
 1822  abnormal psychology. A doctoral internship may be applied toward
 1823  the clinical experience requirement. A licensed mental health
 1824  professional must be on the premises when clinical services are
 1825  provided by a registered intern in a private practice setting.
 1826         (d) Has passed a theory and practice examination provided
 1827  by the department for this purpose.
 1828         (e) Has demonstrated, in a manner designated by board rule
 1829  of the board, knowledge of the laws and rules governing the
 1830  practice of clinical social work, marriage and family therapy,
 1831  and mental health counseling.
 1832         Section 42. Paragraph (b) of subsection (1) of section
 1833  491.006, Florida Statutes, is amended to read:
 1834         491.006 Licensure or certification by endorsement.—
 1835         (1) The department shall license or grant a certificate to
 1836  a person in a profession regulated by this chapter who, upon
 1837  applying to the department and remitting the appropriate fee,
 1838  demonstrates to the board that he or she:
 1839         (b)1. Holds an active valid license to practice and has
 1840  actively practiced the licensed profession for which licensure
 1841  is applied in another state for 3 of the last 5 years
 1842  immediately preceding licensure;.
 1843         2.Meets the education requirements of this chapter for the
 1844  profession for which licensure is applied.
 1845         2.3. Has passed a substantially equivalent licensing
 1846  examination in another state or has passed the licensure
 1847  examination in this state in the profession for which the
 1848  applicant seeks licensure; and.
 1849         3.4. Holds a license in good standing, is not under
 1850  investigation for an act that would constitute a violation of
 1851  this chapter, and has not been found to have committed any act
 1852  that would constitute a violation of this chapter.
 1853  
 1854  The fees paid by any applicant for certification as a master
 1855  social worker under this section are nonrefundable.
 1856         Section 43. Subsection (3) of section 491.007, Florida
 1857  Statutes, is amended to read:
 1858         491.007 Renewal of license, registration, or certificate.—
 1859         (3)The board or department shall prescribe by rule a
 1860  method for the biennial renewal of an intern registration at a
 1861  fee set by rule, not to exceed $100.
 1862         Section 44. Subsection (2) of section 491.009, Florida
 1863  Statutes, is amended to read:
 1864         491.009 Discipline.—
 1865         (2) The board department, or, in the case of certified
 1866  master social workers psychologists, the department board, may
 1867  enter an order denying licensure or imposing any of the
 1868  penalties authorized in s. 456.072(2) against any applicant for
 1869  licensure or any licensee who violates is found guilty of
 1870  violating any provision of subsection (1) of this section or who
 1871  is found guilty of violating any provision of s. 456.072(1).
 1872         Section 45. Subsection (2) of section 491.0046, Florida
 1873  Statutes, is amended to read:
 1874         491.0046 Provisional license; requirements.—
 1875         (2) The department shall issue a provisional clinical
 1876  social worker license, provisional marriage and family therapist
 1877  license, or provisional mental health counselor license to each
 1878  applicant who the board certifies has:
 1879         (a) Completed the application form and remitted a
 1880  nonrefundable application fee not to exceed $100, as set by
 1881  board rule; and
 1882         (b) Earned a graduate degree in social work, a graduate
 1883  degree with a major emphasis in marriage and family therapy or a
 1884  closely related field, or a graduate degree in a major related
 1885  to the practice of mental health counseling; and
 1886         (c) Has Met the following minimum coursework requirements:
 1887         1. For clinical social work, a minimum of 15 semester hours
 1888  or 22 quarter hours of the coursework required by s.
 1889  491.005(1)(b)2.b.
 1890         2. For marriage and family therapy, 10 of the courses
 1891  required by s. 491.005(3)(b) s. 491.005(3)(b)1.a.-c., as
 1892  determined by the board, and at least 6 semester hours or 9
 1893  quarter hours of the course credits must have been completed in
 1894  the area of marriage and family systems, theories, or
 1895  techniques.
 1896         3. For mental health counseling, a minimum of seven of the
 1897  courses required under s. 491.005(4)(b)1.a.-c.
 1898         Section 46. Subsection (11) of section 945.42, Florida
 1899  Statutes, is amended to read:
 1900         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1901  945.40-945.49, the following terms shall have the meanings
 1902  ascribed to them, unless the context shall clearly indicate
 1903  otherwise:
 1904         (11) “Psychological professional” means a behavioral
 1905  practitioner who has an approved doctoral degree in psychology
 1906  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
 1907  the department or who is licensed as a psychologist pursuant to
 1908  chapter 490.
 1909         Section 47. For the purpose of incorporating the amendment
 1910  made by this act to section 459.0055, Florida Statutes, in a
 1911  reference thereto, subsection (6) of section 459.021, Florida
 1912  Statutes, is reenacted to read:
 1913         459.021 Registration of resident physicians, interns, and
 1914  fellows; list of hospital employees; penalty.—
 1915         (6) Any person desiring registration pursuant to this
 1916  section shall meet all the requirements of s. 459.0055, except
 1917  paragraphs (1)(l) and (m).
 1918         Section 48. The amendments and reenactments made by this
 1919  act to sections 466.0067, 466.00671, and 466.00672, Florida
 1920  Statutes, are remedial in nature and apply retroactively to
 1921  January 1, 2020. This section shall take effect upon this act
 1922  becoming a law.
 1923         Section 49. Except as otherwise expressly provided in this
 1924  act and except for this section, which shall take effect upon
 1925  this act becoming a law, this act shall take effect July 1,
 1926  2020.

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