Bill Text: FL S1568 | 2021 | Regular Session | Engrossed
Bill Title: Department of Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2021-04-30 - Died in returning Messages [S1568 Detail]
Download: Florida-2021-S1568-Engrossed.html
CS for CS for SB 1568 First Engrossed 20211568e1 1 A bill to be entitled 2 An act relating to the Department of Health; amending 3 s. 381.0045, F.S.; revising the purpose of the 4 department’s targeted outreach program for certain 5 pregnant women; requiring the department to encourage 6 high-risk pregnant women of unknown status to be 7 tested for sexually transmissible diseases; requiring 8 the department to provide specified information to 9 pregnant women who have human immunodeficiency virus 10 (HIV); requiring the department to link women with 11 mental health services when available; requiring the 12 department to educate pregnant women who have HIV on 13 certain information; requiring the department to 14 provide, for a specified purpose, continued oversight 15 of newborns exposed to HIV; amending s. 381.0061, 16 F.S., as amended by s. 41 of chapter 2020-150, Laws of 17 Florida; revising provisions related to administrative 18 fines for violations relating to onsite sewage 19 treatment and disposal systems and septic tank 20 contracting; creating s. 381.00635, F.S.; transferring 21 provisions from s. 381.0067, F.S., relating to 22 corrective orders for private and certain public water 23 systems; amending s. 381.0067, F.S.; conforming 24 provisions to changes made by the act; amending s. 25 381.0101, F.S.; revising certification requirements 26 for persons performing evaluations of onsite sewage 27 treatment and disposal systems; making technical 28 changes; creating s. 395.3042, F.S.; requiring the 29 department to send a list of certain providers of 30 adult cardiovascular services to the medical directors 31 of licensed emergency medical services providers by a 32 specified date each year; requiring the department to 33 develop a sample heart attack-triage assessment tool; 34 requiring the department to post the sample assessment 35 tool on its website and provide a copy of it to all 36 licensed emergency medical services providers; 37 requiring such providers to use an assessment tool 38 substantially similar to the one developed by the 39 department; requiring the medical director of each 40 licensed emergency medical services provider to 41 develop and implement certain protocols for heart 42 attack patients; providing requirements for such 43 protocols; requiring licensed emergency medical 44 services providers to comply with certain provisions; 45 amending s. 401.465, F.S.; defining the term 46 “telecommunicator cardiopulmonary resuscitation 47 training”; requiring certain 911 public safety 48 telecommunicators to receive biannual telecommunicator 49 cardiopulmonary resuscitation training; amending s. 50 408.033, F.S.; authorizing local health councils to 51 collect utilization data from licensed hospitals 52 within their respective local health council districts 53 for a specified purpose; amending s. 456.47, F.S.; 54 authorizing telehealth providers to prescribe 55 specified controlled substances through telehealth 56 under certain circumstances; revising an exemption 57 from telehealth registration requirements; amending s. 58 460.406, F.S.; revising provisions related to 59 chiropractic physician licensing; amending s. 464.008, 60 F.S.; deleting a requirement that certain nursing 61 program graduates complete a specified preparatory 62 course; amending s. 464.018, F.S.; revising grounds 63 for disciplinary action against licensed nurses; 64 amending s. 465.1893, F.S.; providing additional long 65 acting medications that pharmacists may administer 66 under certain circumstances; revising requirements for 67 a continuing education course such pharmacists must 68 complete; amending s. 466.028, F.S.; revising grounds 69 for disciplinary action by the Board of Dentistry; 70 amending s. 466.0285, F.S.; exempting certain 71 specialty hospitals from prohibitions relating to the 72 employment of dentists and dental hygienists and the 73 control of dental equipment and materials by 74 nondentists; exempting such hospitals from a 75 prohibition on nondentists entering into certain 76 agreements with dentists or dental hygienists; making 77 technical changes; amending s. 467.003, F.S.; revising 78 and defining terms; amending s. 467.009, F.S.; 79 revising provisions related to approved midwifery 80 programs; amending s. 467.011, F.S.; revising 81 provisions relating to licensure of midwives; amending 82 s. 467.0125, F.S.; revising provisions relating to 83 licensure by endorsement of midwives; revising 84 requirements for temporary certificates to practice 85 midwifery in this state; amending s. 467.205, F.S.; 86 revising provisions relating to approval, continued 87 monitoring, probationary status, provisional approval, 88 and approval rescission of midwifery programs; 89 amending s. 468.803, F.S.; revising provisions related 90 to orthotist and prosthetist registration, 91 examination, and licensing; amending s. 483.801, F.S.; 92 exempting certain persons from clinical laboratory 93 personnel regulations; amending s. 483.824, F.S.; 94 revising educational requirements for clinical 95 laboratory directors; amending s. 490.003, F.S.; 96 defining the terms “doctoral degree from an American 97 Psychological Association accredited program” and 98 “doctoral degree in psychology”; amending ss. 490.005 99 and 490.0051, F.S.; revising education requirements 100 for psychologist licensing and provisional licensing, 101 respectively; amending s. 491.005, F.S.; revising 102 licensing requirements for clinical social workers, 103 marriage and family therapists, and mental health 104 counselors; amending s. 381.986, F.S.; prohibiting the 105 department from renewing a medical marijuana treatment 106 center’s license under certain circumstances; 107 providing effective dates. 108 109 Be It Enacted by the Legislature of the State of Florida: 110 111 Section 1. Subsections (2) and (3) of section 381.0045, 112 Florida Statutes, are amended to read: 113 381.0045 Targeted outreach for pregnant women.— 114 (2) It is the purpose of this section to establish a 115 targeted outreach program for high-risk pregnant women who may 116 not seek proper prenatal care, who suffer from substance abuse 117 or mental health problems, or who haveare infected withhuman 118 immunodeficiency virus (HIV), and to provide these women with 119 links to much needed services and information. 120 (3) The department shall: 121 (a) Conduct outreach programs through contracts with, 122 grants to, or other working relationships with persons or 123 entities where the target population is likely to be found. 124 (b) Provide outreach that is peer-based, culturally 125 sensitive, and performed in a nonjudgmental manner. 126 (c) Encourage high-risk pregnant women of unknown status to 127 be tested for HIV and other sexually transmissible diseases as 128 specified by department rule. 129 (d) Educate women not receiving prenatal care as to the 130 benefits of such care. 131 (e) ProvideHIV-infectedpregnant women who have HIV with 132 information on the need for antiretroviral medication for their 133 newborn, their medication options, and how they can access the 134 medication after their discharge from the hospitalso they can135make an informed decisionabout the use of Zidovudine (AZT). 136 (f) Link women with substance abuse treatment and mental 137 health services, when available, and act as a liaison with 138 Healthy Start coalitions, children’s medical services, Ryan 139 White-funded providers, and other services of the Department of 140 Health. 141 (g) Educate pregnant women who have HIV on the importance 142 of engaging in and continuing HIV care. 143 (h) Provide continued oversight ofto HIV-exposednewborns 144 exposed to HIV to determine the newborn’s final HIV status and 145 ensure continued linkage to care if the newborn is diagnosed 146 with HIV. 147 Section 2. Subsection (1) of section 381.0061, Florida 148 Statutes, as amended by section 41 of chapter 2020-150, Laws of 149 Florida, is amended to read: 150 381.0061 Administrative fines.— 151 (1) In addition to any administrative action authorized by 152 chapter 120 or by other law, the department may impose a fine, 153 which may not exceed $500 for each violation, for a violation of 154 s. 381.006(15),s. 381.0065, s. 381.0066,s. 381.0072,or part155III of chapter 489, for a violation ofany rule adopted under 156 this chapter, orfor a violation ofchapter 386. Notice of 157 intent to impose such fine shall be given by the department to 158 the alleged violator. Each day that a violation continues may 159 constitute a separate violation. 160 Section 3. Section 381.00635, Florida Statutes, is created 161 to read: 162 381.00635 Corrective orders; private and certain public 163 water systems.—When the department or its agents, through 164 investigation, find that any private water system or public 165 water system not covered or included in the Florida Safe 166 Drinking Water Act, part VI of chapter 403, constitutes a 167 nuisance or menace to the public health or significantly 168 degrades the groundwater or surface water, the department or its 169 agents may issue an order requiring the owner to correct the 170 improper condition. 171 Section 4. Section 381.0067, Florida Statutes, is amended 172 to read: 173 381.0067 Corrective orders;private and certain public174water systems andonsite sewage treatment and disposal systems. 175 When the department or its agents, through investigation, find 176 that anyprivate water system, public water system not covered177or included in the Florida Safe Drinking Water Act (part VI of178chapter 403), oronsite sewage treatment and disposal system 179 constitutes a nuisance or menace to the public health or 180 significantly degrades the groundwater or surface water, the 181 department or its agents may issue an order requiring the owner 182 to correct the improper condition. If the improper condition 183 relates to the drainfield of an onsite sewage treatment and 184 disposal system, the department or its agents may issue an order 185 requiring the owner to repair or replace the drainfield. If an 186 onsite sewage treatment and disposal system has failed, the 187 department or its agents shall issue an order requiring the 188 owner to replace the system. For purposes of this section, an 189 onsite sewage treatment and disposal system has failed if the 190 operation of the system constitutes a nuisance or menace to the 191 public health or significantly degrades the groundwater or 192 surface water and the system cannot be repaired. 193 Section 5. Subsections (2) and (4) of section 381.0101, 194 Florida Statutes, are amended to read: 195 381.0101 Environmental health professionals.— 196 (2) CERTIFICATION REQUIRED.—A person may not perform 197 environmental health or sanitary evaluations in any primary 198 program area of environmental health or an onsite sewage 199 treatment and disposal program under ss. 381.0065 and 381.00651 200 without being certified by the department as competent to 201 perform such evaluations. This section does not apply to: 202 (a) Persons performing inspections of public food service 203 establishments licensed under chapter 509; or 204 (b) Persons performing site evaluations in order to 205 determine proper placement and installation of onsite sewage 206wastewatertreatment and disposal systems who have successfully 207 completed a department-approved soils morphology course and who 208 are working under the direct responsible charge of an engineer 209 licensed under chapter 471. 210 (4) STANDARDS FOR CERTIFICATION.—The department shall adopt 211 rules that establish definitions of terms and minimum standards 212 of education, training, or experience for those persons subject 213 to this section. The rules must also address the process for 214 application, examination, issuance, expiration, and renewal of 215 certification and ethical standards of practice for the 216 profession. 217 (a) Persons employed as environmental health professionals 218 shall exhibit a knowledge of rules and principles of 219 environmental and public health law in Florida through 220 examination. A person may not conduct environmental health 221 evaluations in a primary program area or an onsite sewage 222 treatment and disposal program under ss. 381.0065 and 381.00651 223 unless he or she is currently certified in that program area or 224 works under the direct supervision of a certified environmental 225 health professional. 226 1. All persons who begin employment in a primary 227 environmental health program or an onsite sewage treatment and 228 disposal system program on or after September 21, 1994, must be 229 certified in that program within 6 months after employment. 230 2. Persons employed in the primary environmental health 231 program of a food protection program or an onsite sewage 232 treatment and disposal system program beforeprior toSeptember 233 21, 1994, areshall beconsidered certified while employed in 234 that position and areshall berequired to adhere to any 235 professional standards established by the department pursuant to 236 paragraph (b), complete any continuing education requirements 237 imposed under paragraph (d), and pay the certificate renewal fee 238 imposed under subsection (6). 239 3. Persons employed in the primary environmental health 240 program of a food protection program or an onsite sewage 241 treatment and disposal system program beforeprior toSeptember 242 21, 1994, who change positions or program areas and transfer 243 into another primary environmental health program area on or 244 after September 21, 1994, must be certified in that program 245 within 6 months after such transfer, except that they arewill246 notberequired to possess the college degree required under 247 paragraph (e). 248 4. Registered sanitarians areshall beconsidered certified 249 and areshall berequired to adhere to any professional 250 standards established by the department pursuant to paragraph 251 (b). 252 (b) At a minimum, the department shall establish standards 253 for professionals in the areas of food hygiene and onsite sewage 254 treatment and disposal. 255 (c) Those persons conducting primary environmental health 256 evaluations or evaluations of onsite sewage treatment and 257 disposal systems mustshallbe certified by examination to be 258 knowledgeable in any primary area of environmental health in 259 which they are routinely assigned duties. 260 (d) Persons who are certified shall renew their 261 certification biennially by completing a minimum ofnot less262than24 contact hours of continuing education for each program 263 area in which they maintain certification, subject to a maximum 264 of 48 hours for multiprogram certification. 265 (e) Applicants for certification mustshallhave graduated 266 from an accredited 4-year college or university with a degree or 267 major coursework in public health, environmental health, 268 environmental science, or a physical or biological science. 269 (f) A certificateholder mustshallnotify the department 270 within 60 days after any change of name or address from that 271 which appears on the current certificate. 272 Section 6. Section 395.3042, Florida Statutes, is created 273 to read: 274 395.3042 Emergency medical services providers; triage and 275 transportation of heart attack victims to an adult 276 cardiovascular services provider.— 277 (1) By June 1 of each year, the department shall send a 278 list of providers of Level I and Level II adult cardiovascular 279 services to the medical director of each licensed emergency 280 medical services provider in this state. 281 (2) The department shall develop a sample heart attack 282 triage assessment tool. The department shall post this sample 283 assessment tool on its website and provide a copy of the 284 assessment tool to each licensed emergency medical services 285 provider. Each licensed emergency medical services provider 286 shall use a heart attack-triage assessment tool that is 287 substantially similar to the sample heart attack-triage 288 assessment tool provided by the department. 289 (3) The medical director of each licensed emergency medical 290 services provider shall develop and implement assessment, 291 treatment, and transport-destination protocols for heart attack 292 patients with the intent to assess, treat, and transport heart 293 attack patients to the most appropriate hospital. Such protocols 294 must include the development and implementation of plans for the 295 triage and transport of patients with acute heart attack 296 symptoms. 297 (4) Each emergency medical services provider licensed under 298 chapter 401 must comply with this section. 299 Section 7. Present subsections (3) and (4) of section 300 401.465, Florida Statutes, are redesignated as subsections (4) 301 and (5), respectively, paragraph (d) is added to subsection (1) 302 and a new subsection (3) is added to that section, and 303 paragraphs (d) and (j) of subsection (2) of that section are 304 amended, to read: 305 401.465 911 public safety telecommunicator certification.— 306 (1) DEFINITIONS.—As used in this section, the term: 307 (d) “Telecommunicator cardiopulmonary resuscitation 308 training” means specific training, including continuous 309 education, that is evidence based and contains nationally 310 accepted guidelines for high-quality telecommunicator 311 cardiopulmonary resuscitation with the recognition of out-of 312 hospital cardiac arrest over the telephone and the delivery of 313 telephonic instructions for treating cardiac arrest and 314 performing compression-only cardiopulmonary resuscitation. 315 (2) PERSONNEL; STANDARDS AND CERTIFICATION.— 316 (d) The department shall determine whether the applicant 317 meets the requirements specified in this section and in rules of 318 the department and shall issue a certificate to any person who 319 meets such requirements. Such requirements must include the 320 following: 321 1. Completion of an appropriate 911 public safety 322 telecommunication training program; 323 2. Certification under oath that the applicant is not 324 addicted to alcohol or any controlled substance; 325 3. Certification under oath that the applicant is free from 326 any physical or mental defect or disease that might impair the 327 applicant’s ability to perform his or her duties; 328 4. Submission of the application fee prescribed in 329 subsection (4)(3); 330 5. Submission of a completed application to the department 331 which indicates compliance with subparagraphs 1., 2., and 3.; 332 and 333 6. Effective October 1, 2012, passage of an examination 334 approved by the department which measures the applicant’s 335 competency and proficiency in the subject material of the public 336 safety telecommunication training program. 337 (j)1. The requirement for certification as a 911 public 338 safety telecommunicator is waived for a person employed as a 339 sworn state-certified law enforcement officer, provided the 340 officer: 341 a. Is selected by his or her chief executive to perform as 342 a 911 public safety telecommunicator; 343 b. Performs as a 911 public safety telecommunicator on an 344 occasional or limited basis; and 345 c. Passes the department-approved examination that measures 346 the competency and proficiency of an applicant in the subject 347 material comprising the public safety telecommunication program. 348 2. A sworn state-certified law enforcement officer who 349 fails an examination taken under subparagraph 1. must take a 350 department-approved public safety telecommunication training 351 program prior to retaking the examination. 352 3. The testing required under this paragraph is exempt from 353 the examination fee required under subsection (4)(3). 354 (3) TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION 355 TRAINING.—In addition to the certification and recertification 356 requirements imposed by this section, 911 public safety 357 telecommunicators who take telephone calls and provide dispatch 358 functions for emergency medical conditions also shall receive 359 telecommunicator cardiopulmonary resuscitation training every 2 360 years. 361 Section 8. Paragraph (h) is added to subsection (1) of 362 section 408.033, Florida Statutes, to read: 363 408.033 Local and state health planning.— 364 (1) LOCAL HEALTH COUNCILS.— 365 (h) For the purpose of performing their duties under this 366 section, local health councils may collect utilization data from 367 each hospital licensed under chapter 395 which is located within 368 their respective local health council districts. 369 Section 9. Paragraph (c) of subsection (2) and subsection 370 (6) of section 456.47, Florida Statutes, are amended to read: 371 456.47 Use of telehealth to provide services.— 372 (2) PRACTICE STANDARDS.— 373 (c) A telehealth provider, acting within the scope of his 374 or her practice and in accordance with chapter 893, maynotuse 375 telehealth to prescribe a controlled substance listed in 376 Schedule III, Schedule IV, or Schedule V of s. 893.03 and may 377 use telehealth to prescribe a controlled substance listed in 378 Schedule II of s. 893.03 ifunlessthe controlled substance is 379 prescribed for the following: 380 1. The treatment of a psychiatric disorder; 381 2. Inpatient treatment at a hospital licensed under chapter 382 395; 383 3. The treatment of a patient receiving hospice services as 384 defined in s. 400.601; or 385 4. The treatment of a resident of a nursing home facility 386 as defined in s. 400.021. 387 (6) EXEMPTIONS.—A health care professional who is not 388 licensed to provide health care services in this state but who 389 holds an active license to provide health care services in 390 another state or jurisdiction, and who provides health care 391 services using telehealth to a patient located in this state, is 392 not subject to the registration requirement under this section 393 if the services are provided: 394 (a) In response to an emergency medical condition as 395 defined in s. 395.002; or 396 (b) In consultation with a health care professional 397 licensed in this state who hasultimateauthority over the 398 diagnosis and care of the patient. 399 Section 10. Subsection (1) of section 460.406, Florida 400 Statutes, is amended to read: 401 460.406 Licensure by examination.— 402 (1) Any person desiring to be licensed as a chiropractic 403 physician must apply to the department to take the licensure 404 examination. There shall be an application fee set by the board 405 not to exceed $100 which shall be nonrefundable. There shall 406 also be an examination fee not to exceed $500 plus the actual 407 per applicant cost to the department for purchase of portions of 408 the examination from the National Board of Chiropractic 409 Examiners or a similar national organization, which may be 410 refundable if the applicant is found ineligible to take the 411 examination. The department shall examine each applicant who the 412 board certifies has met all of the following criteria: 413 (a) Completed the application form and remitted the 414 appropriate fee. 415 (b) Submitted proof satisfactory to the department that he 416 or she is not less than 18 years of age. 417 (c) Submitted proof satisfactory to the department that he 418 or she is a graduate of a chiropractic college which is 419 accredited by or has status with the Council on Chiropractic 420 Education or its predecessor agency. However, any applicant who 421 is a graduate of a chiropractic college that was initially 422 accredited by the Council on Chiropractic Education in 1995, who 423 graduated from such college within the 4 years immediately 424 preceding such accreditation, and who is otherwise qualified is 425shall beeligible to take the examination. AnNoapplication for 426 a license to practice chiropractic medicine may notshallbe 427 denied solely because the applicant is a graduate of a 428 chiropractic college that subscribes to one philosophy of 429 chiropractic medicine as distinguished from another. 430 (d)1. For an applicant who has matriculated in a 431 chiropractic college beforeprior toJuly 2, 1990, completed at 432 least 2 years of residence college work, consisting of a minimum 433 of one-half the work acceptable for a bachelor’s degree granted 434 on the basis of a 4-year period of study, in a college or 435 university accredited by an institutional accrediting agency 436 recognized and approved by the United States Department of 437 Education. However, beforeprior tobeing certified by the board 438 to sit for the examination, each applicant who has matriculated 439 in a chiropractic college after July 1, 1990, mustshallhave 440 been granted a bachelor’s degree, based upon 4 academic years of 441 study, by a college or university accredited by an institutional 442a regionalaccrediting agency which is a member of the 443 Commission on Recognition of Postsecondary Accreditation. 444 2. Effective July 1, 2000, completed, beforeprior to445 matriculation in a chiropractic college, at least 3 years of 446 residence college work, consisting of a minimum of 90 semester 447 hours leading to a bachelor’s degree in a liberal arts college 448 or university accredited by an institutional accrediting agency 449 recognized and approved by the United States Department of 450 Education. However, beforeprior tobeing certified by the board 451 to sit for the examination, each applicant who has matriculated 452 in a chiropractic college after July 1, 2000, mustshallhave 453 been granted a bachelor’s degree from an institution holding 454 accreditation for that degree from an institutionala regional455 accrediting agency which is recognized by the United States 456 Department of Education. The applicant’s chiropractic degree 457 must consist of credits earned in the chiropractic program and 458 may not include academic credit for courses from the bachelor’s 459 degree. 460 (e) Successfully completed the National Board of 461 Chiropractic Examiners certification examination in parts I, II, 462 III, and IV, and the physiotherapy examination of the National 463 Board of Chiropractic Examiners, with a score approved by the 464 board. 465 (f) Submitted to the department a set of fingerprints on a 466 form and under procedures specified by the department, along 467 with payment in an amount equal to the costs incurred by the 468 Department of Health for the criminal background check of the 469 applicant. 470 471 The board may require an applicant who graduated from an 472 institution accredited by the Council on Chiropractic Education 473 more than 10 years before the date of application to the board 474 to take the National Board of Chiropractic Examiners Special 475 Purposes Examination for Chiropractic, or its equivalent, as 476 determined by the board. The board shall establish by rule a 477 passing score. 478 Section 11. Subsection (4) of section 464.008, Florida 479 Statutes, is amended to read: 480 464.008 Licensure by examination.— 481(4) If an applicant who graduates from an approved program482does not take the licensure examination within 6 months after483graduation, he or she must enroll in and successfully complete a484board-approved licensure examination preparatory course. The485applicant is responsible for all costs associated with the486course and may not use state or federal financial aid for such487costs. The board shall by rule establish guidelines for488licensure examination preparatory courses.489 Section 12. Paragraph (e) of subsection (1) of section 490 464.018, Florida Statutes, is amended to read: 491 464.018 Disciplinary actions.— 492 (1) The following acts constitute grounds for denial of a 493 license or disciplinary action, as specified in ss. 456.072(2) 494 and 464.0095: 495 (e) Having been found guilty of, regardless of496adjudication,or entered a plea of nolo contendere or guilty to, 497 regardless of adjudication, any offense prohibited under s. 498 435.04 or similar statute of another jurisdiction; or having 499 committed an act which constitutes domestic violence as defined 500 in s. 741.28. 501 Section 13. Section 465.1893, Florida Statutes, is amended 502 to read: 503 465.1893 Administration of long-actingantipsychotic504 medication by injection.— 505 (1)(a) A pharmacist, at the direction of a physician 506 licensed under chapter 458 or chapter 459, may administer a 507 long-acting antipsychotic medication or an extended-release 508 medication indicated to treat opioid use disorder, alcohol use 509 disorder, or other substance use disorders or dependencies, 510 including, but not limited to, buprenorphine, naltrexone, or 511 other medications that have been approved by the United States 512 Food and Drug Administration by injection to a patient if the 513 pharmacist: 514 1. Is authorized by and acting within the framework of an 515 established protocol with the prescribing physician. 516 2. Practices at a facility that accommodates privacy for 517 nondeltoid injections and conforms with state rules and 518 regulations regarding the appropriate and safe disposal of 519 medication and medical waste. 520 3. Has completed the course required under subsection (2). 521 (b) A separate prescription from a physician is required 522 for each injection administered by a pharmacist under this 523 subsection. 524 (2)(a) A pharmacist seeking to administer along-acting525antipsychoticmedication described in paragraph (1)(a)by526injectionmust complete an 8-hour continuing education course 527 offered by: 528 1. A statewide professional association of physicians in 529 this state accredited to provide educational activities 530 designated for the American Medical Association Physician’s 531 Recognition Award (AMA PRA) Category 1 Credit or the American 532 Osteopathic Association (AOA) Category 1-A continuing medical 533 education (CME) credit; and 534 2. A statewide association of pharmacists. 535 (b) The course may be offered in a distance learning format 536 and must be included in the 30 hours of continuing professional 537 pharmaceutical education required under s. 465.009(1). The 538 course shall have a curriculum of instruction that concerns the 539 safe and effective administration of behavioral health, 540 addiction, and antipsychotic medications by injection, 541 including, but not limited to, potential allergic reactions to 542 such medications. 543 Section 14. Paragraph (h) of subsection (1) of section 544 466.028, Florida Statutes, is amended to read: 545 466.028 Grounds for disciplinary action; action by the 546 board.— 547 (1) The following acts constitute grounds for denial of a 548 license or disciplinary action, as specified in s. 456.072(2): 549 (h) Being employed by any corporation, organization, group, 550 or person other than a dentist, a hospital, or a professional 551 corporation or limited liability company composed of dentists to 552 practice dentistry. 553 Section 15. Section 466.0285, Florida Statutes, is amended 554 to read: 555 466.0285 Proprietorship by nondentists.— 556 (1) A person or an entityNo personother than a dentist 557 licensed underpursuant tothis chapter, a specialty-licensed 558 children’s hospital licensed under chapter 395 as of January 1, 559 2021, ornor any entity other thana professional corporation or 560 limited liability company composed of dentists, may not: 561 (a) Employ a dentist or dental hygienist in the operation 562 of a dental office. 563 (b) Control the use of any dental equipment or material 564 while such equipment or material is being used for the provision 565 of dental services, whether those services are provided by a 566 dentist, a dental hygienist, or a dental assistant. 567 (c) Direct, control, or interfere with a dentist’s clinical 568 judgment. To direct, control, or interfere with a dentist’s 569 clinical judgment does not meanmay not be interpreted to mean570 dental services contractually excluded, the application of 571 alternative benefits that may be appropriate given the dentist’s 572 prescribed course of treatment, or the application of 573 contractual provisions and scope of coverage determinations in 574 comparison with a dentist’s prescribed treatment on behalf of a 575 covered person by an insurer, health maintenance organization, 576 or a prepaid limited health service organization. 577 578 Any lease agreement, rental agreement, or other arrangement 579 between a nondentist and a dentist whereby the nondentist 580 provides the dentist with dental equipment or dental materials 581 mustshallcontain a provision whereby the dentist expressly 582 maintains complete care, custody, and control of the equipment 583 or practice. 584 (2) The purpose of this section is to prevent a nondentist 585 from influencing or otherwise interfering with the exercise of a 586 dentist’s independent professional judgment. In addition to the 587 acts specified in subsection (1), anoperson or an entity that 588whois not a dentist licensed underpursuant tothis chapter, a 589 specialty-licensed children’s hospital licensed under chapter 590 395 as of January 1, 2021, ornor any entity that is nota 591 professional corporation or limited liability company composed 592 of dentists may notshallenter into a relationship with a 593 licensee pursuant to which such unlicensed person or such entity 594 exercises control over any of the following: 595 (a) The selection of a course of treatment for a patient, 596 the procedures or materials to be used as part of such course of 597 treatment, and the manner in which such course of treatment is 598 carried out by the licensee.;599 (b) The patient records of a dentist.;600 (c) Policies and decisions relating to pricing, credit, 601 refunds, warranties, and advertising.; and602 (d) Decisions relating to office personnel and hours of 603 practice. 604 (3) Any person who violates this section commits a felony 605 of the third degree, punishable as provided in s. 775.082, s. 606 775.083, or s. 775.084. 607 (4) Any contract or arrangement entered into or undertaken 608 in violation of this section isshall bevoid as contrary to 609 public policy. This section applies to contracts entered into or 610 renewed on or after October 1, 1997. 611 Section 16. Present subsections (13) and (14) of section 612 467.003, Florida Statutes, are redesignated as subsections (14) 613 and (15), respectively, a new subsection (13) is added to that 614 section, and subsections (1) and (12) of that section are 615 amended, to read: 616 467.003 Definitions.—As used in this chapter, unless the 617 context otherwise requires: 618 (1) “Approved midwifery program” meansa midwifery school619ora midwifery training program thatwhichis approved by the 620 department pursuant to s. 467.205. 621 (12) “Preceptor” means a physician licensed under chapter 622 458 or chapter 459, alicensedmidwife licensed under this 623 chapter, or a certified nurse midwife licensed under chapter 624 464,who has a minimum of 3 years’ professional experience,and 625 who directs, teaches, supervises, and evaluates the learning 626 experiences of athestudent midwife as part of an approved 627 midwifery program. 628 (13) “Prelicensure course” means a course of study, offered 629 by an approved midwifery program and approved by the department, 630 which an applicant for licensure must complete before a license 631 may be issued and which provides instruction in the laws and 632 rules of this state and demonstrates the student’s competency to 633 practice midwifery under this chapter. 634 Section 17. Section 467.009, Florida Statutes, is amended 635 to read: 636 467.009 Approved midwifery programs; education and training 637 requirements.— 638 (1) The department shall adopt standards for approved 639 midwifery programs which must include, but need not be limited 640 to, standards for all of the following: 641 (a). The standards shall encompassClinical and classroom 642 instruction in all aspects of prenatal, intrapartal, and 643 postpartal care, including all of the following: 644 1. Obstetrics.;645 2. Neonatal pediatrics.;646 3. Basic sciences.;647 4. Female reproductive anatomy and physiology.;648 5. Behavioral sciences.;649 6. Childbirth education.;650 7. Community care.;651 8. Epidemiology.;652 9. Genetics.;653 10. Embryology.;654 11. Neonatology.;655 12. Applied pharmacology.;656 13. The medical and legal aspects of midwifery.;657 14. Gynecology and women’s health.;658 15. Family planning.;659 16. Nutrition during pregnancy and lactation.;660 17. Breastfeeding.; and661 18. Basic nursing skills; and any other instruction662determined by the department and council to be necessary. 663 (b)The standards shallincorporate theCore competencies, 664 incorporating those established by the American College of Nurse 665 Midwives and the Midwives Alliance of North America, including 666 knowledge, skills, and professional behavior in all of the 667 following areas: 668 1. Primary management, collaborative management, referral, 669 and medical consultation.;670 2. Antepartal, intrapartal, postpartal, and neonatal care.;671 3. Family planning and gynecological care.;672 4. Common complications.; and673 5. Professional responsibilities. 674 (c) NoncurricularThe standards shall include noncurriculum675 matters under this section, including, but not limited to, 676 staffing and teacher qualifications. 677 (2) An approved midwifery program must offershall include678 a course of studyand clinical trainingfor a minimum of 3 years 679 which incorporates all of the standards, curriculum guidelines, 680 and educational objectives provided in this section and the 681 rules adopted hereunder. 682 (3) An approved midwifery program may reduceIf the683applicant is a registered nurse or a licensed practical nurse or684has previous nursing or midwifery education,the required period 685 of trainingmay be reducedto the extent of the student’s 686applicant’squalifications as a registered nurse or licensed 687 practical nurse or based on prior completion of equivalent 688 nursing or midwifery education, as determinedunder rules689adoptedbythedepartment rule.In no case shall the training be690reduced to a period of less than 2 years. 691 (4)(3)An approved midwifery program may accept students 692 whoTo be accepted into an approved midwifery program, an693applicant shallhave both: 694 (a) A high school diploma or its equivalent. 695 (b) Taken three college-level credits each of math and 696 English or demonstrated competencies in communication and 697 computation. 698 (5)(4)As part of its course of study, an approved 699 midwifery program must require clinical training that includes 700 all of the following: 701 (a)A student midwife, during training, shall undertake,702under the supervision of a preceptor,The care of 50 women in 703 each of the prenatal, intrapartal, and postpartal periods under 704 the supervision of a preceptor., butThe same women need not be 705 seen through all three periods. 706 (b)(5)Observation ofThe student midwife shall observean 707 additional 25 women in the intrapartal periodbefore qualifying708for a license. 709 (6) ClinicalThetraining required under this section must 710 include all of the following: 711 (a)shall includeTraining ineitherhospitals,or712 alternative birth settings, or both. 713 (b) A requirement that students demonstrate competency in 714 the assessment of and differentiation, with particular emphasis715on learning the ability to differentiatebetween low-risk 716 pregnancies and high-risk pregnancies. 717 (7) A hospital or birthing center receiving public funds 718 shall be required to provide student midwives access to observe 719 labor, delivery, and postpartal procedures, provided the woman 720 in labor has given informed consent. The Department of Health 721 shall assist in facilitating access to hospital training for 722 approved midwifery programs. 723 (8)(7)The Department of Education shall adopt curricular 724 frameworks for midwifery programs conducted within public 725 educational institutions underpursuant tothis section. 726(8) Nonpublic educational institutions that conduct727approved midwifery programs shall be accredited by a member of728the Commission on Recognition of Postsecondary Accreditation and729shall be licensed by the Commission for Independent Education.730 Section 18. Section 467.011, Florida Statutes, is amended 731 to read: 732 467.011 Licensed midwives; qualifications; examination 733Licensure by examination.— 734(1) Thedepartment shall administer an examination to test735the proficiency of applicants in the core competencies required736to practice midwifery as specified in s. 467.009.737(2) The department shall develop, publish, and make738available to interested parties at a reasonable cost a739bibliography and guide for the examination.740(3)The department shall issue a license to practice 741 midwifery to an applicant who meets all of the following 742 criteria: 743 (1) Demonstrates that he or she has graduated from one of 744 the following: 745 (a) An approved midwifery program. 746 (b) A medical or midwifery program offered in another 747 state, jurisdiction, territory, or country whose graduation 748 requirements were equivalent to or exceeded those required by s. 749 467.009 and the rules adopted thereunder at the time of 750 graduation. 751 (2) Demonstrates that he or she hasandsuccessfully 752 completed a prelicensure course offered by an approved midwifery 753 program. Students graduating from an approved midwifery program 754 may meet this requirement by showing that the content 755 requirements for the prelicensure course were covered as part of 756 their course of study. 757 (3) Submits an application for licensure on a form approved 758 by the department and pays the appropriate fee. 759 (4) Demonstrates that he or she has received a passing 760 score on antheexamination specified by the department, upon761payment of the required licensure fee. 762 Section 19. Section 467.0125, Florida Statutes, is amended 763 to read: 764 467.0125 Licensed midwives; qualifications;Licensure by765 endorsement; temporary certificates.— 766 (1) The department shall issue a license by endorsement to 767 practice midwifery to an applicant who, upon applying to the 768 department, demonstrates to the department that she or he meets 769 all of the following criteria: 770 (a)1. Holds a valid certificate or diploma from a foreign771institution of medicine or midwifery or from a midwifery program772offered in another state, bearing the seal of the institution or773otherwise authenticated, which renders the individual eligible774to practice midwifery in the country or state in which it was775issued, provided the requirements therefor are deemed by the776department to be substantially equivalent to, or to exceed,777those established under this chapter and rules adopted under778this chapter, and submits therewith a certified translation of779the foreign certificate or diploma; or7802.Holds an active, unencumbereda valid certificate or781 license to practice midwifery in another state, jurisdiction, or 782 territoryissued by that state, provided the licensing 783 requirements of that state, jurisdiction, or territory at the 784 time the license was issued weretherefor are deemed by the785department to besubstantially equivalent to,or exceededto786exceed,those established under this chapter and the rules 787 adopted thereunderunder this chapter. 788 (b) Has successfully completed a4-monthprelicensure 789 course conducted by an approved midwifery programand has790submitted documentation to the department of successful791completion. 792 (c) Submits an application for licensure on a form approved 793 by the department and pays the appropriate feeHas successfully794passed the licensed midwifery examination. 795 (2) The department may issue a temporary certificate to 796 practice in areas of critical need to an applicantany midwife797 who is qualifying for a midwifery licenselicensure by798endorsementunder subsection (1) who meets all of the following 799 criteria, with the following restrictions: 800 (a) Submits an application for a temporary certificate on a 801 form approved by the department and pays the appropriate fee, 802 which may not exceed $50 and is in addition to the fee required 803 for licensure by endorsement under subsection (1); 804 (b) Specifies on the application that he or she willThe805Department of Health shall determine the areas of critical need,806and the midwife so certified shallpractice only in one or more 807 of the following locations: 808 1. A county health department; 809 2. A correctional facility; 810 3. A Department of Veterans’ Affairs clinic; 811 4. A community health center funded by s. 329, s. 330, or 812 s. 340 of the United States Public Health Service Act; or 813 5. Any other agency or institution that is approved by the 814 State Surgeon General and provides health care to meet the needs 815 of an underserved population in this state; andthose specific816areas,817 (c) Will practice only under the supervisionauspicesof a 818 physician licensed underpursuant tochapter 458 or chapter 459, 819 a certified nurse midwife licensed underpursuant topart I of 820 chapter 464, or a midwife licensed under this chapter,who has a 821 minimum of 3 years’ professional experience. 822 (3) The department may issue a temporary certificate under 823 this section with the following restrictions: 824 (a) A requirement that a temporary certificateholder 825 practice only in areas of critical need. The State Surgeon 826 General shall determine the areas of critical need, whichSuch827areas shallinclude, but are notbelimited to, health 828 professional shortage areas designated by the United States 829 Department of Health and Human Services. 830 (b) A requirement that if a temporary certificateholder’s 831 practice area ceases to be an area of critical need, within 30 832 days after such change the certificateholder must either: 833 1. Report a new practice area of critical need to the 834 department; or 835 2. Voluntarily relinquish the temporary certificate. 836 (4) The department shall review a temporary 837 certificateholder’s practice at least annually to determine 838 whether the certificateholder is meeting the requirements of 839 subsections (2) and (3) and the rules adopted thereunder. If the 840 department determines that a certificateholder is not meeting 841 these requirements, the department must revoke the temporary 842 certificate. 843 (5) A temporary certificate issued under this section is 844shall bevalidonly as long as an areaforwhich it is issued845remains an area of critical need, but no longer than2 years,846 and isshallnotberenewable. 847(c) The department may administer an abbreviated oral848examination to determine the midwife’s competency, but no849written regular examination shall be necessary.850(d) The department shall not issue a temporary certificate851to any midwife who is under investigation in another state for852an act which would constitute a violation of this chapter until853such time as the investigation is complete, at which time the854provisions of this section shall apply.855(e) The department shall review the practice under a856temporary certificate at least annually to ascertain that the857minimum requirements of the midwifery rules promulgated under858this chapter are being met. If it is determined that the minimum859requirements are not being met, the department shall immediately860revoke the temporary certificate.861(f) The fee for a temporary certificate shall not exceed862$50 and shall be in addition to the fee required for licensure.863 Section 20. Section 467.205, Florida Statutes, is amended 864 to read: 865 467.205 Approval of midwifery programs.— 866 (1) The department shall approve an accredited or state 867 licensed public or private institution seeking to provide 868 midwifery education and training as an approved midwifery 869 program in this state if the institution meets all of the 870 following criteria: 871 (a) Submits an application for approval on a form approved 872 by the department. 873 (b) Demonstrates to the department’s satisfaction that the 874 proposed midwifery program complies with s. 467.009 and the 875 rules adopted thereunder. 876 (c) For a private institution, demonstrates its 877 accreditation by a member of the Council for Higher Education 878 Accreditation or an accrediting agency approved by the United 879 States Department of Education and its licensing or provisional 880 licensing by the Commission for Independent EducationAn881organization desiring to conduct an approved program for the882education of midwives shall apply to the department and submit883such evidence as may be required to show that it complies with884s. 467.009 and with the rules of the department. Any accredited885or state-licensed institution of higher learning, public or886private, may provide midwifery education and training.887(2) The department shall adopt rules regarding educational888objectives, faculty qualifications, curriculum guidelines,889administrative procedures, and other training requirements as890are necessary to ensure that approved programs graduate midwives891competent to practice under this chapter.892(3) The department shall survey each organization applying893for approval. If the department is satisfied that the program894meets the requirements of s. 467.009 and rules adopted pursuant895to that section, it shall approve the program. 896 (2)(4)The department shall, at least once every 3 years, 897 certify whether each approved midwifery program is currently 898 compliant, and has maintained compliance,complieswith the 899 requirements ofstandards developed unders. 467.009 and the 900 rules adopted thereunder. 901 (3)(5)If the department finds that an approved midwifery 902 program is not in compliance with the requirements of s. 467.009 903 or the rules adopted thereunder, or has lost its accreditation 904 status, the department must provide its finding to the program 905 in writing andno longer meets the required standards, itmay 906 place the program on probationary status for a specified period 907 of time, which may not exceed 3 yearsuntil such time as the908standards are restored. 909 (4) If a program on probationary status does not come into 910 compliance with the requirements of s. 467.009 or the rules 911 adopted thereunder, or regain its accreditation status, as 912 applicable, within the period specified by the departmentfails913to correct these conditions within a specified period of time, 914 the department may rescind the program’s approval. 915 (5) AAnyprogram that hashavingits approval rescinded 916 hasshall havethe right to reapply for approval. 917 (6) The department may grant provisional approval of a new 918 program seeking accreditation status, for a period not to exceed 919 5 years, provided that all other requirements of this section 920 are met. 921 (7) The department may rescind provisional approval of a 922 program that fails to the meet the requirements of s. 467.009, 923 this section, or the rules adopted thereunder, in accordance 924 with procedures provided in subsections (3) and (4)may be925granted pending the licensure results of the first graduating926class. 927 Section 21. Subsections (2), (3), and (4) and paragraphs 928 (a) and (b) of subsection (5) of section 468.803, Florida 929 Statutes, are amended to read: 930 468.803 License, registration, and examination 931 requirements.— 932 (2) An applicant for registration, examination, or 933 licensure must apply to the department on a form prescribed by 934 the board for consideration of board approval. Each initial 935 applicant shall submita set offingerprints to the department 936on a form andunder procedures specified by the department,937along with payment in an amount equal to the costs incurred by938the departmentfor state and national criminal history checks of 939 the applicant.The department shall submit the fingerprints940provided by an applicant to the Department of Law Enforcement941for a statewide criminal history check, and the Department of942Law Enforcement shall forward the fingerprints to the Federal943Bureau of Investigation for a national criminal history check of944the applicant.The board shall screen the results to determine 945 if an applicant meets licensure requirements. The board shall 946 consider for examination, registration, or licensure each 947 applicant who the board verifies: 948 (a) Has submitted the completed application and completed 949 the fingerprinting requirementsfingerprint formsand has paid 950 the applicable application fee, not to exceed $500, and the cost951of the state and national criminal history checks. The 952 application fee isand cost of the criminal history checks shall953benonrefundable; 954 (b) Is of good moral character; 955 (c) Is 18 years of age or older; and 956 (d) Has completed the appropriate educational preparation. 957 (3) A person seeking to attain the orthotics or prosthetics 958 experience required for licensure in this state must be approved 959 by the board and registered as a resident by the department. 960 Although a registration may be held in both disciplines, for 961 independent registrations the board may not approve a second 962 registration until at least 1 year after the issuance of the 963 first registration. Notwithstanding subsection (2), a person who 964 has been approved by the board and registered by the department 965 in one discipline may apply for registration in the second 966 discipline without an additional state or national criminal 967 history check during the period in which the first registration 968 is valid. Each independent registration or dual registration is 969 valid for 2 years after the date of issuance unless otherwise 970 revoked by the department upon recommendation of the board. The 971 board shall set a registration fee not to exceed $500 to be paid 972 by the applicant. A registration may be renewed once by the 973 department upon recommendation of the board for a period no 974 longer than 1 year, as such renewal is defined by the board by 975 rule. The renewal fee may not exceed one-half the current 976 registration fee. To be considered by the board for approval of 977 registration as a resident, the applicant must have one of the 978 following: 979 (a) A Bachelor of Science or higher-level postgraduate 980 degree in orthotics and prosthetics from ana regionally981 accredited college or university recognized by the Commission on 982 Accreditation of Allied Health Education Programs. 983 (b) A minimum of a bachelor’s degree from an 984 institutionallya regionallyaccredited college or university 985 and a certificate in orthotics or prosthetics from a program 986 recognized by the Commission on Accreditation of Allied Health 987 Education Programs, or its equivalent, as determined by the 988 board. 989 (c) A minimum of a bachelor’s degree from an 990 institutionallya regionallyaccredited college or university 991 and a dual certificate in both orthotics and prosthetics from 992 programs recognized by the Commission on Accreditation of Allied 993 Health Education Programs, or its equivalent, as determined by 994 the board. 995 (4) The department may develop and administer a state 996 examination for an orthotist or a prosthetist license, or the 997 board may approve the existing examination of a national 998 standards organization. The examination must be predicated on a 999 minimum of a baccalaureate-level education and formalized 1000 specialized training in the appropriate field. Each examination 1001 must demonstrate a minimum level of competence in basic 1002 scientific knowledge, written problem solving, and practical 1003 clinical patient management. The board shall require an 1004 examination fee not to exceed the actual cost to the board in 1005 developing, administering, and approving the examination, which 1006 fee must be paid by the applicant. To be considered by the board 1007 for examination, the applicant must have: 1008 (a) For an examination in orthotics: 1009 1. A Bachelor of Science or higher-level postgraduate 1010 degree in orthotics and prosthetics from an institutionallya1011regionallyaccredited college or university recognized by the 1012 Commission on Accreditation of Allied Health Education Programs 1013 or, at a minimum, a bachelor’s degree from an institutionallya1014regionallyaccredited college or university and a certificate in 1015 orthotics from a program recognized by the Commission on 1016 Accreditation of Allied Health Education Programs, or its 1017 equivalent, as determined by the board; and 1018 2. An approved orthotics internship of 1 year of qualified 1019 experience, as determined by the board, or an orthotic residency 1020 or dual residency program recognized by the board. 1021 (b) For an examination in prosthetics: 1022 1. A Bachelor of Science or higher-level postgraduate 1023 degree in orthotics and prosthetics from an institutionallya1024regionallyaccredited college or university recognized by the 1025 Commission on Accreditation of Allied Health Education Programs 1026 or, at a minimum, a bachelor’s degree from an institutionallya1027regionallyaccredited college or university and a certificate in 1028 prosthetics from a program recognized by the Commission on 1029 Accreditation of Allied Health Education Programs, or its 1030 equivalent, as determined by the board; and 1031 2. An approved prosthetics internship of 1 year of 1032 qualified experience, as determined by the board, or a 1033 prosthetic residency or dual residency program recognized by the 1034 board. 1035 (5) In addition to the requirements in subsection (2), to 1036 be licensed as: 1037 (a) An orthotist, the applicant must pay a license fee not 1038 to exceed $500 and must have: 1039 1. A Bachelor of Science or higher-level postgraduate 1040 degree in Orthotics and Prosthetics from an institutionallya1041regionallyaccredited college or university recognized by the 1042 Commission on Accreditation of Allied Health Education Programs, 1043 or a bachelor’s degree from an institutionally accredited 1044 college or university andwitha certificate in orthotics from a 1045 program recognized by the Commission on Accreditation of Allied 1046 Health Education Programs, or its equivalent, as determined by 1047 the board; 1048 2. An approvedappropriateinternship of 1 year of 1049 qualified experience, as determined by the board, or a residency 1050 program recognized by the board; 1051 3. Completed the mandatory courses; and 1052 4. Passed the state orthotics examination or the board 1053 approved orthotics examination. 1054 (b) A prosthetist, the applicant must pay a license fee not 1055 to exceed $500 and must have: 1056 1. A Bachelor of Science or higher-level postgraduate 1057 degree in Orthotics and Prosthetics from an institutionallya1058regionallyaccredited college or university recognized by the 1059 Commission on Accreditation of Allied Health Education Programs, 1060 or a bachelor’s degree from an institutionally accredited 1061 college or university andwitha certificate in prosthetics from 1062 a program recognized by the Commission on Accreditation of 1063 Allied Health Education Programs, or its equivalent, as 1064 determined by the board; 1065 2. An internship of 1 year of qualified experience, as 1066 determined by the board, or a residency program recognized by 1067 the board; 1068 3. Completed the mandatory courses; and 1069 4. Passed the state prosthetics examination or the board 1070 approved prosthetics examination. 1071 Section 22. Subsection (7) is added to section 483.801, 1072 Florida Statutes, to read: 1073 483.801 Exemptions.—This part applies to all clinical 1074 laboratories and clinical laboratory personnel within this 1075 state, except: 1076 (7) Persons performing alternate-site testing within a 1077 hospital or offsite emergency department licensed under chapter 1078 395. 1079 Section 23. Section 483.824, Florida Statutes, is amended 1080 to read: 1081 483.824 Qualifications of clinical laboratory director.—A 1082 clinical laboratory director must have 4 years of clinical 1083 laboratory experience with 2 years of experience in the 1084 specialty to be directed or be nationally board certified in the 1085 specialty to be directed, and must meet one of the following 1086 requirements: 1087 (1) Be a physician licensed under chapter 458 or chapter 1088 459; 1089 (2) Hold an earned doctoral degree in a chemical, physical, 1090 or biological science from ana regionallyaccredited 1091 institution and maintain national certification requirements 1092 equal to those required by the federal Health Care Financing 1093 Administration; or 1094 (3) For the subspecialty of oral pathology, be a physician 1095 licensed under chapter 458 or chapter 459 or a dentist licensed 1096 under chapter 466. 1097 Section 24. Subsection (3) of section 490.003, Florida 1098 Statutes, is amended to read: 1099 490.003 Definitions.—As used in this chapter: 1100 (3)(a) “Doctoral degree from an American Psychological 1101 Association accredited program” meansEffective July 1, 1999,1102“doctoral-level psychological education” and “doctoral degree in1103psychology” meana Psy.D., an Ed.D. in psychology, or a Ph.D. in 1104 psychology from a psychology program at an educational 1105 institution that, at the time the applicant was enrolled and 1106 graduated: 1107 1.(a)Had institutional accreditation from an agency 1108 recognized and approved by the United States Department of 1109 Education or was recognized as a member in good standing with 1110 the Association of Universities and Colleges of Canada; and 1111 2.(b)Had programmatic accreditation from the American 1112 Psychological Association. 1113 (b) “Doctoral degree in psychology” means a Psy.D., an 1114 Ed.D. in psychology, or a Ph.D. in psychology from a psychology 1115 program at an educational institution that, at the time the 1116 applicant was enrolled and graduated, had institutional 1117 accreditation from an agency recognized and approved by the 1118 United States Department of Education or was recognized as a 1119 member in good standing with the Association of Universities and 1120 Colleges of Canada. 1121 Section 25. Subsection (1) of section 490.005, Florida 1122 Statutes, is amended to read: 1123 490.005 Licensure by examination.— 1124 (1) Any person desiring to be licensed as a psychologist 1125 shall apply to the department to take the licensure examination. 1126 The department shall license each applicant who the board 1127 certifies has met all of the following requirements: 1128 (a) Completed the application form and remitted a 1129 nonrefundable application fee not to exceed $500 and an 1130 examination fee set by the board sufficient to cover the actual 1131 per applicant cost to the department for development, purchase, 1132 and administration of the examination, but not to exceed $500. 1133 (b) Submitted proof satisfactory to the board that the 1134 applicant has received: 1135 1. A doctoral degree from an American Psychological 1136 Association accredited programDoctoral-level psychological1137education; or 1138 2. The equivalent of a doctoral degree from an American 1139 Psychological Association accredited programdoctoral-level1140psychological education, as defined in s. 490.003(3),from a 1141 program at a school or university located outside the United 1142 States of America which was officially recognized by the 1143 government of the country in which it is located as an 1144 institution or program to train students to practice 1145 professional psychology. The applicant has the burden of 1146 establishing that this requirement has been met. 1147 (c) Had at least 2 years or 4,000 hours of experience in 1148 the field of psychology in association with or under the 1149 supervision of a licensed psychologist meeting the academic and 1150 experience requirements of this chapter or the equivalent as 1151 determined by the board. The experience requirement may be met 1152 by work performed on or off the premises of the supervising 1153 psychologist if the off-premises work is not the independent, 1154 private practice rendering of psychological services that does 1155 not have a psychologist as a member of the group actually 1156 rendering psychological services on the premises. 1157 (d) Passed the examination. However, an applicant who has 1158 obtained a passing score, as established by the board by rule, 1159 on the psychology licensure examination designated by the board 1160 as the national licensure examination need only pass the Florida 1161 law and rules portion of the examination. 1162 Section 26. Subsection (1) of section 490.0051, Florida 1163 Statutes, is amended to read: 1164 490.0051 Provisional licensure; requirements.— 1165 (1) The department shall issue a provisional psychology 1166 license to each applicant who the board certifies has: 1167 (a) Completed the application form and remitted a 1168 nonrefundable application fee not to exceed $250, as set by 1169 board rule. 1170 (b) Earned a doctoral degree from an American Psychological 1171 Association accredited programin psychology as defined in s.1172490.003(3). 1173 (c) Met any additional requirements established by board 1174 rule. 1175 Section 27. Subsections (1), (3), and (4) of section 1176 491.005, Florida Statutes, are amended to read: 1177 491.005 Licensure by examination.— 1178 (1) CLINICAL SOCIAL WORK.—Upon verification of 1179 documentation and payment of a fee not to exceed $200, as set by 1180 board rule,plus the actual per applicant cost to the department1181for purchase of the examination from the American Association of1182State Social Worker’s Boards or a similar national organization,1183 the department shall issue a license as a clinical social worker 1184 to an applicant who the board certifies has met all of the 1185 following criteria: 1186 (a)HasSubmitted an application and paid the appropriate 1187 fee. 1188 (b)1.HasReceived a doctoral degree in social work from a 1189 graduate school of social work which at the time the applicant 1190 graduated was accredited by an accrediting agency recognized by 1191 the United States Department of Education orhasreceived a 1192 master’s degree in social work from a graduate school of social 1193 work which at the time the applicant graduated: 1194 a. Was accredited by the Council on Social Work Education; 1195 b. Was accredited by the Canadian Association of Schools of 1196 Social Work; or 1197 c. Has been determined to have been a program equivalent to 1198 programs approved by the Council on Social Work Education by the 1199 Foreign Equivalency Determination Service of the Council on 1200 Social Work Education. An applicant who graduated from a program 1201 at a university or college outside of the United States or 1202 Canada must present documentation of the equivalency 1203 determination from the council in order to qualify. 1204 2. The applicant’s graduate program must have emphasized 1205 direct clinical patient or client health care services, 1206 including, but not limited to, coursework in clinical social 1207 work, psychiatric social work, medical social work, social 1208 casework, psychotherapy, or group therapy. The applicant’s 1209 graduate program must have included all of the following 1210 coursework: 1211 a. A supervised field placement which was part of the 1212 applicant’s advanced concentration in direct practice, during 1213 which the applicant provided clinical services directly to 1214 clients. 1215 b. Completion of 24 semester hours or 32 quarter hours in 1216 theory of human behavior and practice methods as courses in 1217 clinically oriented services, including a minimum of one course 1218 in psychopathology, and no more than one course in research, 1219 taken in a school of social work accredited or approved pursuant 1220 to subparagraph 1. 1221 3. If the course title which appears on the applicant’s 1222 transcript does not clearly identify the content of the 1223 coursework, the applicant shall be required to provide 1224 additional documentation, including, but not limited to, a 1225 syllabus or catalog description published for the course. 1226 (c)HasHad at least 2 years of clinical social work 1227 experience, which took place subsequent to completion of a 1228 graduate degree in social work at an institution meeting the 1229 accreditation requirements of this section, under the 1230 supervision of a licensed clinical social worker or the 1231 equivalent who is a qualified supervisor as determined by the 1232 board. An individual who intends to practice in Florida to 1233 satisfy clinical experience requirements must register pursuant 1234 to s. 491.0045 before commencing practice. If the applicant’s 1235 graduate program was not a program which emphasized direct 1236 clinical patient or client health care services as described in 1237 subparagraph (b)2., the supervised experience requirement must 1238 take place after the applicant has completed a minimum of 15 1239 semester hours or 22 quarter hours of the coursework required. A 1240 doctoral internship may be applied toward the clinical social 1241 work experience requirement. A licensed mental health 1242 professional must be on the premises when clinical services are 1243 provided by a registered intern in a private practice setting. 1244 When a registered intern is providing clinical services through 1245 telehealth, a licensed mental health professional must be 1246 accessible by telephone or electronic means. 1247 (d)HasPassed a theory and practice examination designated 1248 by board ruleprovided by the department for this purpose. 1249 (e)HasDemonstrated, in a manner designated by rule of the 1250 board, knowledge of the laws and rules governing the practice of 1251 clinical social work, marriage and family therapy, and mental 1252 health counseling. 1253 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of 1254 documentation and payment of a fee not to exceed $200, as set by 1255 board rule, plus the actual cost of the purchase of the 1256 examination from the Association of Marital and Family Therapy 1257 Regulatory Board, or similar national organization, the 1258 department shall issue a license as a marriage and family 1259 therapist to an applicant who the board certifies has met all of 1260 the following criteria: 1261 (a)HasSubmitted an application and paid the appropriate 1262 fee. 1263 (b)1. Obtained one of the following: 1264 a.HasA minimum of a master’s degree with major emphasis 1265 in marriage and family therapy or a closely related field from a 1266 program accredited by the Commission on Accreditation for 1267 Marriage and Family Therapy Education or from a Florida 1268 university program accredited by the Council for Accreditation 1269 of Counseling and Related Educational Programs. 1270 b. A minimum of a master’s degree with an emphasis in 1271 marriage and family therapy with a degree conferred date before 1272 July 1, 2026, from an institutionally accredited Florida college 1273 or university that is not yet accredited by the Commission on 1274 Accreditation for Marriage and Family Therapy Education or the 1275 Council for Accreditation of Counseling and Related Educational 1276 Programs. 1277 2. Completedandgraduate courses approved by the Board of 1278 Clinical Social Work, Marriage and Family Therapy, and Mental 1279 Health Counseling. 1280 1281 If the course title that appears on the applicant’s transcript 1282 does not clearly identify the content of the coursework, the 1283 applicant shall provide additional documentation, including, but 1284 not limited to, a syllabus or catalog description published for 1285 the course. The required master’s degree must have been received 1286 in an institution of higher education that, at the time the 1287 applicant graduated, was fully accredited by an institutionala1288regionalaccrediting body recognized by the Commission on 1289 Recognition of Postsecondary Accreditation or publicly 1290 recognized as a member in good standing with the Association of 1291 Universities and Colleges of Canada, or an institution of higher 1292 education located outside the United States and Canada which, at 1293 the time the applicant was enrolled and at the time the 1294 applicant graduated, maintained a standard of training 1295 substantially equivalent to the standards of training of those 1296 institutions in the United States which are accredited by an 1297 institutionala regionalaccrediting body recognized by the 1298 Commission on Recognition of Postsecondary Accreditation. Such 1299 foreign education and training must have been received in an 1300 institution or program of higher education officially recognized 1301 by the government of the country in which it is located as an 1302 institution or program to train students to practice as 1303 professional marriage and family therapists or psychotherapists. 1304 The applicant has the burden of establishing that the 1305 requirements of this provision have been met, and the board 1306 shall require documentation, such as an evaluation by a foreign 1307 equivalency determination service, as evidence that the 1308 applicant’s graduate degree program and education were 1309 equivalent to an accredited program in this country. An 1310 applicant with a master’s degree from a program that did not 1311 emphasize marriage and family therapy may complete the 1312 coursework requirement in a training institution fully 1313 accredited by the Commission on Accreditation for Marriage and 1314 Family Therapy Education recognized by the United States 1315 Department of Education. 1316 (c)HasHad at least 2 years of clinical experience during 1317 which 50 percent of the applicant’s clients were receiving 1318 marriage and family therapy services, which must have beenbeat 1319 the post-master’s level under the supervision of a licensed 1320 marriage and family therapist with at least 5 years of 1321 experience, or the equivalent, who is a qualified supervisor as 1322 determined by the board. An individual who intends to practice 1323 in Florida to satisfy the clinical experience requirements must 1324 register pursuant to s. 491.0045 before commencing practice. If 1325 a graduate has a master’s degree with a major emphasis in 1326 marriage and family therapy or a closely related field which did 1327 not include all of the coursework required by paragraph (b), 1328 credit for the post-master’s level clinical experience may not 1329 commence until the applicant has completed a minimum of 10 of 1330 the courses required by paragraph (b), as determined by the 1331 board, and at least 6 semester hours or 9 quarter hours of the 1332 course credits must have been completed in the area of marriage 1333 and family systems, theories, or techniques. Within the 2 years 1334 of required experience, the applicant mustshallprovide direct 1335 individual, group, or family therapy and counseling to cases 1336 including those involving unmarried dyads, married couples, 1337 separating and divorcing couples, and family groups that include 1338 children. A doctoral internship may be applied toward the 1339 clinical experience requirement. A licensed mental health 1340 professional must be on the premises when clinical services are 1341 provided by a registered intern in a private practice setting. 1342 When a registered intern is providing clinical services through 1343 telehealth, a licensed mental health professional must be 1344 accessible by telephone or other electronic means. 1345 (d)HasPassed a theory and practice examination designated 1346 by board ruleprovided by the department. 1347 (e)HasDemonstrated, in a manner designated by board rule, 1348 knowledge of the laws and rules governing the practice of 1349 clinical social work, marriage and family therapy, and mental 1350 health counseling. 1351 1352 For the purposes of dual licensure, the department shall license 1353 as a marriage and family therapist any person who meets the 1354 requirements of s. 491.0057. Fees for dual licensure may not 1355 exceed those stated in this subsection. 1356 (4) MENTAL HEALTH COUNSELING.—Upon verification of 1357 documentation and payment of a fee not to exceed $200, as set by 1358 board rule,plus the actual per applicant cost of purchase of1359the examination from the National Board for Certified Counselors1360or its successor organization,the department shall issue a 1361 license as a mental health counselor to an applicant who the 1362 board certifies has met all of the following criteria: 1363 (a)HasSubmitted an application and paid the appropriate 1364 fee. 1365 (b)1. ObtainedHasa minimum of an earned master’s degree 1366 from a mental health counseling program accredited by the 1367 Council for the Accreditation of Counseling and Related 1368 Educational Programs which consists of at least 60 semester 1369 hours or 80 quarter hours of clinical and didactic instruction, 1370 including a course in human sexuality and a course in substance 1371 abuse. If the master’s degree is earned from a program related 1372 to the practice of mental health counseling which is not 1373 accredited by the Council for the Accreditation of Counseling 1374 and Related Educational Programs, then the coursework and 1375 practicum, internship, or fieldwork must consist of at least 60 1376 semester hours or 80 quarter hours and meet all of the following 1377 requirements: 1378 a. Thirty-three semester hours or 44 quarter hours of 1379 graduate coursework, which must include a minimum of 3 semester 1380 hours or 4 quarter hours of graduate-level coursework in each of 1381 the following 11 content areas: counseling theories and 1382 practice; human growth and development; diagnosis and treatment 1383 of psychopathology; human sexuality; group theories and 1384 practice; individual evaluation and assessment; career and 1385 lifestyle assessment; research and program evaluation; social 1386 and cultural foundations; substance abuse; and legal, ethical, 1387 and professional standards issues in the practice of mental 1388 health counseling. Courses in research, thesis or dissertation 1389 work, practicums, internships, or fieldwork may not be applied 1390 toward this requirement. 1391 b. A minimum of 3 semester hours or 4 quarter hours of 1392 graduate-level coursework addressing diagnostic processes, 1393 including differential diagnosis and the use of the current 1394 diagnostic tools, such as the current edition of the American 1395 Psychiatric Association’s Diagnostic and Statistical Manual of 1396 Mental Disorders. The graduate program must have emphasized the 1397 common core curricular experience. 1398 c. The equivalent, as determined by the board, of at least 1399 700 hours of university-sponsored supervised clinical practicum, 1400 internship, or field experience that includes at least 280 hours 1401 of direct client services, as required in the accrediting 1402 standards of the Council for Accreditation of Counseling and 1403 Related Educational Programs for mental health counseling 1404 programs. This experience may not be used to satisfy the post 1405 master’s clinical experience requirement. 1406 2.HasProvided additional documentation if a course title 1407 that appears on the applicant’s transcript does not clearly 1408 identify the content of the coursework. The documentation must 1409 include, but is not limited to, a syllabus or catalog 1410 description published for the course. 1411 1412 Education and training in mental health counseling must have 1413 been received in an institution of higher education that, at the 1414 time the applicant graduated, was fully accredited by an 1415 institutionala regionalaccrediting body recognized by the 1416 Council for Higher Education Accreditation or its successor 1417 organization or publicly recognized as a member in good standing 1418 with the Association of Universities and Colleges of Canada, or 1419 an institution of higher education located outside the United 1420 States and Canada which, at the time the applicant was enrolled 1421 and at the time the applicant graduated, maintained a standard 1422 of training substantially equivalent to the standards of 1423 training of those institutions in the United States which are 1424 accredited by an institutionala regionalaccrediting body 1425 recognized by the Council for Higher Education Accreditation or 1426 its successor organization. Such foreign education and training 1427 must have been received in an institution or program of higher 1428 education officially recognized by the government of the country 1429 in which it is located as an institution or program to train 1430 students to practice as mental health counselors. The applicant 1431 has the burden of establishing that the requirements of this 1432 provision have been met, and the board shall require 1433 documentation, such as an evaluation by a foreign equivalency 1434 determination service, as evidence that the applicant’s graduate 1435 degree program and education were equivalent to an accredited 1436 program in this country. Beginning July 1, 2025, an applicant 1437 must have a master’s degree from a program that is accredited by 1438 the Council for Accreditation of Counseling and Related 1439 Educational Programs, the Masters in Psychology and Counseling 1440 Accreditation Council, or an equivalent accrediting body which 1441 consists of at least 60 semester hours or 80 quarter hours to 1442 apply for licensure under this paragraph. 1443 (c)HasHad at least 2 years of clinical experience in 1444 mental health counseling, which must be at the post-master’s 1445 level under the supervision of a licensed mental health 1446 counselor or the equivalent who is a qualified supervisor as 1447 determined by the board. An individual who intends to practice 1448 in Florida to satisfy the clinical experience requirements must 1449 register pursuant to s. 491.0045 before commencing practice. If 1450 a graduate has a master’s degree with a major related to the 1451 practice of mental health counseling which did not include all 1452 the coursework required under sub-subparagraphs (b)1.a. and b., 1453 credit for the post-master’s level clinical experience may not 1454 commence until the applicant has completed a minimum of seven of 1455 the courses required under sub-subparagraphs (b)1.a. and b., as 1456 determined by the board, one of which must be a course in 1457 psychopathology or abnormal psychology. A doctoral internship 1458 may be applied toward the clinical experience requirement. A 1459 licensed mental health professional must be on the premises when 1460 clinical services are provided by a registered intern in a 1461 private practice setting. When a registered intern is providing 1462 clinical services through telehealth, a licensed mental health 1463 professional must be accessible by telephone or other electronic 1464 means. 1465 (d)HasPassed a theory and practice examination designated 1466 by department ruleprovided by the department for this purpose. 1467 (e)HasDemonstrated, in a manner designated by board rule, 1468 knowledge of the laws and rules governing the practice of 1469 clinical social work, marriage and family therapy, and mental 1470 health counseling. 1471 Section 28. Effective July 1, 2022, paragraph (b) of 1472 subsection (8) of section 381.986, Florida Statutes, is amended 1473 to read: 1474 381.986 Medical use of marijuana.— 1475 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 1476 (b) An applicant for licensure as a medical marijuana 1477 treatment center shall apply to the department on a form 1478 prescribed by the department and adopted in rule. The department 1479 shall adopt rules pursuant to ss. 120.536(1) and 120.54 1480 establishing a procedure for the issuance and biennial renewal 1481 of licenses, including initial application and biennial renewal 1482 fees sufficient to cover the costs of implementing and 1483 administering this section, and establishing supplemental 1484 licensure fees for payment beginning May 1, 2018, sufficient to 1485 cover the costs of administering ss. 381.989 and 1004.4351. The 1486 department shall identify applicants with strong diversity plans 1487 reflecting this state’s commitment to diversity and implement 1488 training programs and other educational programs to enable 1489 minority persons and minority business enterprises, as defined 1490 in s. 288.703, and veteran business enterprises, as defined in 1491 s. 295.187, to compete for medical marijuana treatment center 1492 licensure and contracts. Subject to the requirements in 1493 subparagraphs (a)2.-4., the department shall issue a license to 1494 an applicant if the applicant meets the requirements of this 1495 section and pays the initial application fee. The department 1496 shall renew the licensure of a medical marijuana treatment 1497 center biennially if the licensee meets the requirements of this 1498 section and pays the biennial renewal fee. However, the 1499 department may not renew the license of a medical marijuana 1500 treatment center that has not begun to cultivate, process, and 1501 dispense marijuana by the date that the medical marijuana 1502 treatment center is required to renew its license. An individual 1503 may not be an applicant, owner, officer, board member, or 1504 manager on more than one application for licensure as a medical 1505 marijuana treatment center. An individual or entity may not be 1506 awarded more than one license as a medical marijuana treatment 1507 center. An applicant for licensure as a medical marijuana 1508 treatment center must demonstrate: 1509 1. That, for the 5 consecutive years before submitting the 1510 application, the applicant has been registered to do business in 1511 the state. 1512 2. Possession of a valid certificate of registration issued 1513 by the Department of Agriculture and Consumer Services pursuant 1514 to s. 581.131. 1515 3. The technical and technological ability to cultivate and 1516 produce marijuana, including, but not limited to, low-THC 1517 cannabis. 1518 4. The ability to secure the premises, resources, and 1519 personnel necessary to operate as a medical marijuana treatment 1520 center. 1521 5. The ability to maintain accountability of all raw 1522 materials, finished products, and any byproducts to prevent 1523 diversion or unlawful access to or possession of these 1524 substances. 1525 6. An infrastructure reasonably located to dispense 1526 marijuana to registered qualified patients statewide or 1527 regionally as determined by the department. 1528 7. The financial ability to maintain operations for the 1529 duration of the 2-year approval cycle, including the provision 1530 of certified financial statements to the department. 1531 a. Upon approval, the applicant must post a $5 million 1532 performance bond issued by an authorized surety insurance 1533 company rated in one of the three highest rating categories by a 1534 nationally recognized rating service. However, a medical 1535 marijuana treatment center serving at least 1,000 qualified 1536 patients is only required to maintain a $2 million performance 1537 bond. 1538 b. In lieu of the performance bond required under sub 1539 subparagraph a., the applicant may provide an irrevocable letter 1540 of credit payable to the department or provide cash to the 1541 department. If provided with cash under this sub-subparagraph, 1542 the department shall deposit the cash in the Grants and 1543 Donations Trust Fund within the Department of Health, subject to 1544 the same conditions as the bond regarding requirements for the 1545 applicant to forfeit ownership of the funds. If the funds 1546 deposited under this sub-subparagraph generate interest, the 1547 amount of that interest shall be used by the department for the 1548 administration of this section. 1549 8. That all owners, officers, board members, and managers 1550 have passed a background screening pursuant to subsection (9). 1551 9. The employment of a medical director to supervise the 1552 activities of the medical marijuana treatment center. 1553 10. A diversity plan that promotes and ensures the 1554 involvement of minority persons and minority business 1555 enterprises, as defined in s. 288.703, or veteran business 1556 enterprises, as defined in s. 295.187, in ownership, management, 1557 and employment. An applicant for licensure renewal must show the 1558 effectiveness of the diversity plan by including the following 1559 with his or her application for renewal: 1560 a. Representation of minority persons and veterans in the 1561 medical marijuana treatment center’s workforce; 1562 b. Efforts to recruit minority persons and veterans for 1563 employment; and 1564 c. A record of contracts for services with minority 1565 business enterprises and veteran business enterprises. 1566 Section 29. Except as otherwise expressly provided in this 1567 act, this act shall take effect July 1, 2021.