Florida Senate - 2013 SB 1334
By Senator Garcia
38-01394-13 20131334__
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 322.142, F.S.; providing that certain exempt
4 records held by the Department of Highway Safety and
5 Motor Vehicles be provided to the Department of Health
6 to facilitate the issuance of a license; amending s.
7 381.0022, F.S.; providing that the Department of
8 Health may share certain confidential and exempt
9 information with the Agency for Health Care
10 Administration for certain purposes; creating s.
11 381.791, F.S.; authorizing the department to adopt
12 rules to administer the Charlie Mack Overstreet Brain
13 or Spinal Cord Injuries Act; amending s. 395.3025,
14 F.S.; providing that patient records may be disclosed
15 without patient consent to the department under
16 certain circumstances and prescribing the use of such
17 records; amending s. 456.013, F.S.; conforming
18 provisions to changes made by the act; revising
19 requirements related to the physical characteristics
20 of a license issued by the department; amending s.
21 456.025, F.S.; conforming provisions to changes made
22 by the act; amending s. 456.031, F.S.; revising
23 requirements for a licensee’s completion of a domestic
24 violence course; amending s. 456.035, F.S.; requiring
25 a licensee to provide the department with his or her
26 e-mail address; providing that service to a licensee’s
27 e-mail address constitutes official and sufficient
28 notice under certain circumstances; creating s.
29 456.0361, F.S.; providing a definition for the term
30 “monitor”; providing that the department may not renew
31 a license until the licensee demonstrates compliance
32 with continuing education requirements; providing that
33 additional penalties may be imposed for failure to
34 comply with continuing education requirements;
35 authorizing the department to adopt rules; amending s.
36 456.038, F.S.; providing that the department may
37 provide renewal and cancellation notices to a
38 licensee’s e-mail address; amending s. 456.072, F.S.;
39 revising procedures to determine costs recoverable by
40 the department in a disciplinary action; amending s.
41 458.319, F.S.; requiring physicians to complete
42 certain continuing medical education requirements;
43 authorizing the Board of Medicine to adopt certain
44 rules regarding continuing medical education
45 requirements; amending s. 464.203, F.S.; conforming
46 provisions to changes made by the act; repealing s.
47 464.2085, F.S., relating to the Council on Certified
48 Nursing Assistants; repealing s. 466.032(2), F.S.,
49 relating to notice provided by the department to
50 dental laboratories; amending s. 467.009, F.S.;
51 revising accreditation requirements for midwifery
52 programs; repealing s. 468.1735, F.S., relating to the
53 issuance of a provisional license for a nursing home
54 administrator; amending s. 468.503, F.S.; revising the
55 definition of the term “registered dietician”;
56 amending s. 468.505, F.S.; updating the name of an
57 accrediting organization; repealing s. 480.033(5),
58 F.S.; removing the definition of the term “apprentice”
59 as it relates to massage therapy; amending s. 480.041,
60 F.S.; revising qualifications for licensure as a
61 massage therapist; deleting a provision requiring the
62 Board of Massage Therapy to adopt rules establishing a
63 training program for apprentices; conforming a cross
64 reference; amending s. 480.042, F.S.; revising
65 procedures and retention of records related to massage
66 therapy licensure examination; amending s. 480.044,
67 F.S.; eliminating fees for massage therapy
68 apprentices; amending s. 483.901, F.S.; conforming
69 definitions to changes made by the act; deleting
70 provisions creating the Advisory Council of Medical
71 Physicists; transferring powers of the council to the
72 department; requiring the department to adopt rules
73 and develop certain standards; conforming provisions
74 to changes made by the act; amending s. 921.0022,
75 F.S.; conforming a cross-reference; providing an
76 effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Subsection (4) of section 322.142, Florida
81 Statutes, is amended to read:
82 322.142 Color photographic or digital imaged licenses.—
83 (4) The department may maintain a film negative or print
84 file. The department shall maintain a record of the digital
85 image and signature of the licensees, together with other data
86 required by the department for identification and retrieval.
87 Reproductions from the file or digital record are exempt from
88 the provisions of s. 119.07(1) and may shall be made and issued
89 only for departmental administrative purposes; for the issuance
90 of duplicate licenses; in response to law enforcement agency
91 requests; to the Department of Business and Professional
92 Regulation and the Department of Health pursuant to an
93 interagency agreement for the purpose of accessing digital
94 images for reproduction of licenses issued by the Department of
95 Business and Professional Regulation or the Department of
96 Health; to the Department of State pursuant to an interagency
97 agreement to facilitate determinations of eligibility of voter
98 registration applicants and registered voters in accordance with
99 ss. 98.045 and 98.075; to the Department of Revenue pursuant to
100 an interagency agreement for use in establishing paternity and
101 establishing, modifying, or enforcing support obligations in
102 Title IV-D cases; to the Department of Children and Family
103 Services pursuant to an interagency agreement to conduct
104 protective investigations under part III of chapter 39 and
105 chapter 415; to the Department of Children and Family Services
106 pursuant to an interagency agreement specifying the number of
107 employees in each of that department’s regions to be granted
108 access to the records for use as verification of identity to
109 expedite the determination of eligibility for public assistance
110 and for use in public assistance fraud investigations; to the
111 Department of Financial Services pursuant to an interagency
112 agreement to facilitate the location of owners of unclaimed
113 property, the validation of unclaimed property claims, and the
114 identification of fraudulent or false claims; or to district
115 medical examiners pursuant to an interagency agreement for the
116 purpose of identifying a deceased individual, determining cause
117 of death, and notifying next of kin of any investigations,
118 including autopsies and other laboratory examinations,
119 authorized in s. 406.011.
120 Section 2. Section 381.0022, Florida Statutes, is amended
121 to read:
122 381.0022 Sharing confidential or exempt information.—
123 (1) Notwithstanding any other provision of law to the
124 contrary, the Department of Health and the Department of
125 Children and Family Services may share confidential information
126 or information exempt from disclosure under chapter 119
127 pertaining to an on any individual who is or has been the
128 subject of a program within the jurisdiction of each agency.
129 Information so exchanged remains confidential or exempt as
130 provided by law.
131 (2) Notwithstanding any other provision of law to the
132 contrary, the Department of Health and the Agency for Health
133 Care Administration may share confidential information or
134 information exempt from disclosure under chapter 119 pertaining
135 to an on any individual who is or has been a Medicaid recipient
136 and is or was the subject of a program within the jurisdiction
137 of the Department of Health and the Agency for Health Care
138 Administration, for the purpose of requesting, receiving, or
139 auditing payment for services, or eligibility determination.
140 Information so exchanged remains confidential or exempt as
141 provided by law.
142 Section 3. Section 381.791, Florida Statutes, is created to
143 read:
144 381.791 Rulemaking.—The department may adopt rules to
145 administer ss. 381.739-381.79.
146 Section 4. Paragraph (e) of subsection (4) of section
147 395.3025, Florida Statutes, is amended to read:
148 395.3025 Patient and personnel records; copies;
149 examination.—
150 (4) Patient records are confidential and may must not be
151 disclosed without the consent of the patient or his or her legal
152 representative, but appropriate disclosure may be made without
153 such consent to:
154 (e) The department, agency upon subpoena issued pursuant to
155 s. 456.071., but The records obtained thereby must be used
156 solely for the purpose of the agency, the department, and the
157 appropriate professional board in an its investigation,
158 prosecution, and appeal of disciplinary proceedings. If the
159 department agency requests copies of the records, the facility
160 shall charge a fee pursuant to this section no more than its
161 actual copying costs, including reasonable staff time. The
162 records must be sealed and must not be available to the public
163 pursuant to s. 119.07(1) or any other statute providing access
164 to records, nor may they be available to the public as part of
165 the record of investigation for and prosecution in disciplinary
166 proceedings made available to the public by the department,
167 agency or the appropriate regulatory board. However, upon
168 written request by a practitioner against whom probable cause
169 has been found, the department shall agency must make available,
170 upon written request by a practitioner against whom probable
171 cause has been found, any such records that form the basis of
172 the determination of probable cause.
173 Section 5. Subsections (2) and (6) of section 456.013,
174 Florida Statutes, are amended to read:
175 456.013 Department; general licensing provisions.—
176 (2) Before the issuance of a any license, the department
177 shall charge an initial license fee as determined by the
178 applicable board or, if there is no board, by rule of the
179 department. Upon receipt of the appropriate license fee, the
180 department shall issue a license to a any person certified by
181 the appropriate board, or its designee, as having met the
182 licensure requirements imposed by law or rule. The license shall
183 consist of a wallet-size identification card and a wall card
184 measuring 6 1/2 inches by 5 inches. The licensee shall surrender
185 the license to the department the wallet-size identification
186 card and the wall card if the licensee’s license was is issued
187 in error or is revoked.
188 (6) As a condition of renewal of a license, the Board of
189 Medicine, the Board of Osteopathic Medicine, the Board of
190 Chiropractic Medicine, and the Board of Podiatric Medicine shall
191 each require their respective licensees which they respectively
192 regulate to periodically demonstrate their professional
193 competency by completing at least 40 hours of continuing
194 education every 2 years. The boards may require by rule that up
195 to 1 hour of the required 40 or more hours be in the area of
196 risk management or cost containment. This provision does not
197 shall not be construed to limit the number of hours that a
198 licensee may obtain in risk management or cost containment to be
199 credited toward satisfying the 40 or more required hours. This
200 provision does not shall not be construed to require the boards
201 to impose any requirement on licensees except for the completion
202 of at least 40 hours of continuing education every 2 years. Each
203 of such boards shall determine whether any specific continuing
204 education requirements not otherwise mandated by law will shall
205 be mandated and shall approve criteria for, and the content of,
206 any continuing education mandated by such board. Notwithstanding
207 any other provision of law, the board, or the department when
208 there is no board, may approve by rule alternative methods of
209 obtaining continuing education credits in risk management. The
210 alternative methods may include attending a board meeting at
211 which another licensee is disciplined, serving as a volunteer
212 expert witness for the department in a disciplinary case, or
213 serving as a member of a probable cause panel following the
214 expiration of a board member’s term. Other boards within the
215 Division of Medical Quality Assurance, or the department if
216 there is no board, may adopt rules granting continuing education
217 hours in risk management for attending a board meeting at which
218 another licensee is disciplined, for serving as a volunteer
219 expert witness for the department in a disciplinary case, or for
220 serving as a member of a probable cause panel following the
221 expiration of a board member’s term.
222 Section 6. Subsection (7) of section 456.025, Florida
223 Statutes, is amended to read:
224 456.025 Fees; receipts; disposition.—
225 (7) Each board, or the department if there is no board,
226 shall establish, by rule, a fee not to exceed $250 for anyone
227 seeking approval to provide continuing education courses or
228 programs and shall establish by rule a biennial renewal fee not
229 to exceed $250 for the renewal of approval providership of such
230 courses. The fees collected from continuing education providers
231 must shall be used for the purposes of reviewing course provider
232 applications, monitoring the integrity of the courses provided,
233 covering legal expenses incurred as a result of not granting or
234 renewing an approval a providership, and developing and
235 maintaining an electronic continuing education tracking system.
236 The department shall implement an electronic continuing
237 education tracking system for each new biennial renewal cycle
238 for which electronic renewals are implemented after the
239 effective date of this act and shall integrate such system into
240 the licensure and renewal system. All approved continuing
241 education providers shall provide information on course
242 attendance to the department necessary to implement the
243 electronic tracking system. The department shall, by rule,
244 specify the form and procedures by which the information is to
245 be submitted.
246 Section 7. Paragraph (a) of subsection (1) of section
247 456.031, Florida Statutes, is amended to read:
248 456.031 Requirement for instruction on domestic violence.—
249 (1)(a) The appropriate board shall require each person
250 licensed or certified under chapter 458, chapter 459, part I of
251 chapter 464, chapter 466, chapter 467, chapter 490, or chapter
252 491 to complete a 2-hour continuing education course, approved
253 by the board, on domestic violence, as defined in s. 741.28, as
254 part of the first renewal after initial licensure or
255 certification and every third licensure or certification renewal
256 thereafter every third biennial relicensure or recertification.
257 The course must shall consist of information on the number of
258 patients in that professional’s practice who are likely to be
259 victims of domestic violence and the number who are likely to be
260 perpetrators of domestic violence, screening procedures for
261 determining whether a patient has a any history of being either
262 a victim or a perpetrator of domestic violence, and instruction
263 on how to provide such patients with information on, or how to
264 refer such patients to, resources in the local community, such
265 as domestic violence centers and other advocacy groups, which
266 that provide legal aid, shelter, victim counseling, batterer
267 counseling, or child protection services.
268 Section 8. Section 456.035, Florida Statutes, is amended to
269 read:
270 456.035 Address of record.—
271 (1) Each licensee of the department is solely responsible
272 for notifying the department in writing of the licensee’s
273 current mailing address, e-mail address, and place of practice,
274 as defined by rule of the board or the department if there is no
275 board. Electronic notification must shall be allowed by the
276 department; however, it is shall be the responsibility of the
277 licensee to ensure that the electronic notification was received
278 by the department. A licensee’s failure to notify the department
279 of a change of address constitutes a violation of this section,
280 and the licensee may be disciplined by the board or the
281 department if there is no board.
282 (2) Notwithstanding any other law, service by regular mail
283 or e-mail to a licensee’s mailing last known address or e-mail
284 address of record with the department constitutes adequate and
285 sufficient notice to the licensee for any official communication
286 to the licensee by the board or the department except when other
287 service is required under s. 456.076.
288 Section 9. Section 456.0361, Florida Statutes, is created
289 to read:
290 456.0361 Monitoring compliance with continuing education
291 requirements.—
292 (1) As used in this section, the term “monitor” means the
293 act of determining whether a licensee is in full compliance with
294 applicable continuing education requirements at the time of his
295 or her license renewal.
296 (2) The department shall establish an electronic continuing
297 education tracking system to monitor licensee compliance with
298 applicable continuing education requirements and to determine
299 each licensee’s continuing education status and shall integrate
300 such system into the licensure and renewal system.
301 (3) Notwithstanding any other provision of law, the
302 department may not renew a license until the licensee has
303 demonstrated compliance with all applicable continuing education
304 requirements. This subsection does not prohibit the department
305 or boards from imposing additional penalties under the
306 applicable practice act or department rule for failure to comply
307 with continuing education requirements.
308 (4) The department may adopt rules under ss. 120.536(1) and
309 120.54 to implement this section.
310 Section 10. Subsection (1) of section 456.038, Florida
311 Statutes, is amended to read:
312 456.038 Renewal and cancellation notices.—
313 (1) At least 90 days before the end of a licensure cycle,
314 the department shall:
315 (a) Forward a licensure renewal notification to an active
316 or inactive status licensee at the licensee’s mailing last known
317 address or e-mail address of record with the department.
318 (b) Forward a notice of pending cancellation of licensure
319 to a delinquent licensee at the licensee’s last known address of
320 record with the department.
321 Section 11. Subsection (4) of section 456.072, Florida
322 Statutes, is amended to read:
323 456.072 Grounds for discipline; penalties; enforcement.—
324 (4) In addition to any other discipline imposed through
325 final order, or citation, entered on or after July 1, 2001,
326 under this section or discipline imposed through final order, or
327 citation, entered on or after July 1, 2001, for a violation of a
328 any practice act, the board, or the department when there is no
329 board, shall assess costs related to the investigation and
330 prosecution of the case. The costs related to the investigation
331 and prosecution include, but are not limited to, salaries and
332 benefits of personnel, costs related to the time spent by the
333 attorney and other personnel working on the case, and any other
334 expenses incurred by the department for the case. In order to
335 prove entitlement to attorney costs for prosecution of the case,
336 the department shall submit an affidavit from an employee who is
337 a member of The Florida Bar verifying the reasonableness of the
338 time spent on the matter and the amount of the attorney costs.
339 The board, or the department when there is no board, shall
340 determine the amount of costs to be assessed after its
341 consideration of an affidavit from the department of itemized
342 costs and any written objections thereto. In any case where the
343 board or the department imposes a fine or assessment and the
344 fine or assessment is not paid within a reasonable time, the
345 reasonable time to be prescribed in the rules of the board, or
346 the department when there is no board, or in the order assessing
347 the fines or costs, the department or the Department of Legal
348 Affairs may contract for the collection of, or bring a civil
349 action to recover, the fine or assessment.
350 Section 12. Present subsections (2) through (4) of section
351 458.319, Florida Statutes, are redesignated as subsections (3)
352 through (5), respectively, and a new subsection (2) is added to
353 that section, to read:
354 458.319 Renewal of license.—
355 (2) Each licensee shall demonstrate his or her professional
356 competency by completing at least 40 hours of continuing medical
357 education every 2 years. Notwithstanding any other provision of
358 law, the board, by rule, may:
359 (a) Provide that continuing medical education approved by
360 the American Medical Association satisfies some or all of the
361 continuing medical education requirements.
362 (b) Mandate specific continuing medical education
363 requirements.
364 (c) Approve alternative methods of obtaining continuing
365 medical education credits, including, but not limited to:
366 1. Attending a board meeting at which another licensee is
367 disciplined;
368 2. Serving as a volunteer expert witness for the department
369 in a disciplinary case; or
370 3. Serving as a member of a probable cause panel following
371 the expiration of a board member’s term.
372 (d) Provide that up to 25 percent of the required
373 continuing medical education hours may be fulfilled by the
374 performance of pro bono services to the indigent, to underserved
375 populations, or to patients in areas of critical need within the
376 state where the licensee practices.
377 1. The board shall require that pro bono services be
378 approved in advance in order to receive credit for continuing
379 medical education under this paragraph.
380 2. The standard for determining indigence is the standard
381 recognized by the Federal Poverty Income Guidelines produced by
382 the United States Department of Health and Human Services.
383 (e) Provide that a portion of the continuing medical
384 education hours may be fulfilled by performing research in
385 critical need areas or for training leading to advanced
386 professional certification. The board may make rules to define
387 underserved and critical need areas.
388 Section 13. Subsection (7) of section 464.203, Florida
389 Statutes, is amended to read:
390 464.203 Certified nursing assistants; certification
391 requirement.—
392 (7) A certified nursing assistant shall complete 12 hours
393 of inservice training during each calendar year. The certified
394 nursing assistant is shall be responsible for maintaining
395 documentation demonstrating compliance with these provisions.
396 The Council on Certified Nursing Assistants, in accordance with
397 s. 464.2085(2)(b), shall propose rules to implement this
398 subsection.
399 Section 14. Section 464.2085, Florida Statutes, is
400 repealed.
401 Section 15. Subsection (2) of section 466.032, Florida
402 Statutes, is repealed.
403 Section 16. Subsection (8) of section 467.009, Florida
404 Statutes, is amended to read:
405 467.009 Midwifery programs; education and training
406 requirements.—
407 (8) Nonpublic educational institutions that conduct
408 approved midwifery programs shall be accredited by a member of
409 the Council on Higher Education Accreditation or its successor
410 organization Commission on Recognition of Postsecondary
411 Accreditation and shall be licensed by the Commission for
412 Independent Education.
413 Section 17. Section 468.1735, Florida Statutes, is
414 repealed.
415 Section 18. Subsection (11) of section 468.503, Florida
416 Statutes, is amended to read:
417 468.503 Definitions.—As used in this part:
418 (11) “Registered dietitian” means an individual registered
419 with the accrediting body of the Academy of Nutrition and
420 Dietetics or its successor organization the Commission on
421 Dietetic Registration, the accrediting body of the American
422 Dietetic Association.
423 Section 19. Subsection (4) of section 468.505, Florida
424 Statutes, is amended to read:
425 468.505 Exemptions; exceptions.—
426 (4) Notwithstanding any other provision of this part, an
427 individual registered by the accrediting body of the Academy of
428 Nutrition and Dietetics or its successor organization Commission
429 on Dietetic Registration of the American Dietetic Association
430 has the right to use the title “Registered Dietitian” and the
431 designation “R.D.”
432 Section 20. Subsection (5) of section 480.033, Florida
433 Statutes, is repealed.
434 Section 21. Subsections (1) and (4) of section 480.041,
435 Florida Statutes, are amended to read:
436 480.041 Massage therapists; qualifications; licensure;
437 endorsement.—
438 (1) A Any person is qualified for licensure as a massage
439 therapist under this act who:
440 (a) Is at least 18 years of age or has received a high
441 school diploma or graduate equivalency diploma;
442 (b) Has completed a course of study at a board-approved
443 massage school or has completed an apprenticeship program that
444 meets standards adopted by the board; and
445 (c) Has received a passing grade on an examination
446 administered by the department.
447 (4) The board shall adopt rules:
448 (a) Establishing a minimum training program for
449 apprentices.
450 (a)(b) Providing for educational standards, examination,
451 and certification for the practice of colonic irrigation, as
452 defined in s. 480.033(5) s. 480.033(6), by massage therapists.
453 (b)(c) Specifying licensing procedures for practitioners
454 desiring to be licensed in this state who hold an active license
455 and have practiced in any other state, territory, or
456 jurisdiction of the United States or any foreign national
457 jurisdiction which has licensing standards substantially similar
458 to, equivalent to, or more stringent than the standards of this
459 state.
460 Section 22. Subsection (5) of section 480.042, Florida
461 Statutes, is amended to read:
462 480.042 Examinations.—
463 (5) All licensing examinations shall be conducted in such
464 manner that the applicant shall be known to the department by
465 number until her or his examination is completed and the proper
466 grade determined. An accurate record of each examination shall
467 be maintained shall be made; and that record, together with all
468 examination papers, shall be filed with the State Surgeon
469 General and shall be kept by the testing entities for reference
470 and inspection for a period of not less than 2 years immediately
471 following the examination.
472 Section 23. Subsection (1) of section 480.044, Florida
473 Statutes, is amended to read:
474 480.044 Fees; disposition.—
475 (1) The board shall set fees according to the following
476 schedule:
477 (a) Massage therapist application and examination fee: not
478 to exceed $250.
479 (b) Massage therapist initial licensure fee: not to exceed
480 $150.
481 (c) Establishment application fee: not to exceed $200.
482 (d) Establishment licensure fee: not to exceed $150.
483 (e) Biennial establishment renewal fee: not to exceed $150.
484 (f) Biennial massage therapist licensure renewal fee: not
485 to exceed $200.
486 (g) Massage therapist reexamination fee: not to exceed
487 $250.
488 (h) Fee for apprentice: not to exceed $100.
489 (h)(i) Colonics examination fee: not to exceed $100.
490 (i)(j) Colonics reexamination fee: not to exceed $100.
491 (j)(k) Application and reactivation for inactive status of
492 a massage therapist license fee: not to exceed $250.
493 (k)(l) Renewal fee for inactive status: not to exceed $250.
494 Section 24. Present subsections (5) through (10) of section
495 483.901, Florida Statutes, are redesignated as subsections (4)
496 through (9), respectively, and present subsections (3) through
497 (7) of that section are amended, to read:
498 483.901 Medical physicists; definitions; licensure.—
499 (3) DEFINITIONS.—As used in this section, the term:
500 (a) “Council” means the Advisory Council of Medical
501 Physicists in the Department of Health.
502 (a)(b) “Department” means the Department of Health.
503 (b)(c) “Diagnostic radiological physics” means the
504 specialty of medical physics which deals with the diagnostic
505 application and safe use of X rays, gamma rays from sealed
506 sources, ultrasonic radiation, radio frequency radiation, or
507 magnetic fields, and the use of equipment associated with the
508 production, use, measurement, and evaluation of the radiation
509 and the quality of the diagnostic image resulting from its
510 production and use.
511 (c)(d) “License” means a certificate issued by the
512 department which authorizes the holder to practice medical
513 physics.
514 (d)(e) “Licensed medical physicist” means a person who
515 holds a license issued under this section.
516 (e)(f) “Medical health physics” means the specialty of
517 medical physics which deals with the safe use of X rays, gamma
518 rays, electron or other charged particle beams, neutrons,
519 radionuclides, and radiation from sealed sources, for both
520 diagnostic and therapeutic purposes in human beings and the use
521 of equipment required to perform appropriate tests and
522 measurements that do not involve the direct application of
523 radiation to humans for diagnostic or therapeutic procedures.
524 (f)(g) “Medical nuclear radiological physics” means the
525 specialty of medical physics which deals with the therapeutic
526 and diagnostic application and safe use of radionuclides, except
527 those used in sealed sources for therapeutic purposes, and the
528 use of equipment associated with the production, use,
529 measurement, and evaluation of radionuclides.
530 (g)(h) “Medical physics” means the branch of physics which
531 is associated with the practice of medicine. It includes the
532 fields of diagnostic radiological physics, therapeutic
533 radiological physics, medical nuclear radiological physics, and
534 medical health physics.
535 (h)(i) “Physician” means a doctor of medicine, osteopathic
536 medicine, podiatric medicine, dentistry, or chiropractic
537 medicine who is licensed in this state and who prescribes a
538 radiological procedure.
539 (i)(j) “Practice of medical physics” means the use of
540 principles and accepted protocols of physics to ensure the
541 correct quality, quantity, and placement of radiation during the
542 performance of a radiological procedure prescribed by a
543 physician which will protect the patient and others from harmful
544 excessive radiation. The term includes radiation beam
545 calibration and characterization quality assurance, instrument
546 specification, acceptance testing, shielding design, protection
547 analysis on radiation-emitting equipment and
548 radiopharmaceuticals, and consultation with a physician to
549 ensure accurate radiation dosage to a specific patient.
550 (j)(k) “Radiation” means ionizing or nonionizing radiation
551 above background levels which is used to perform a diagnostic or
552 therapeutic medical or dental radiological procedure.
553 (k)(l) “Radiological procedure” means a test, measurement,
554 calculation, or radiation exposure used in the diagnosis or
555 treatment of diseases or other medical or dental conditions in
556 human beings which that includes therapeutic radiation,
557 diagnostic radiation, nuclear magnetic resonance, or nuclear
558 medicine procedures.
559 (l)(m) “Therapeutic radiological physics” means that
560 specialty of medical physics which deals with the therapeutic
561 application and safe use of X rays, gamma rays, electron or
562 other charged particle beams, neutrons, or radiation from
563 radionuclide sources, and the use of equipment associated with
564 the production, use, measurement, and evaluation of that
565 radiation.
566 (4) COUNCIL.—The Advisory Council of Medical Physicists is
567 created in the Department of Health to advise the department in
568 regulating the practice of medical physics in this state.
569 (a) The council shall be composed of nine members appointed
570 by the State Surgeon General as follows:
571 1. A licensed medical physicist who specializes in
572 diagnostic radiological physics.
573 2. A licensed medical physicist who specializes in
574 therapeutic radiological physics.
575 3. A licensed medical physicist who specializes in medical
576 nuclear radiological physics.
577 4. A physician who is board certified by the American Board
578 of Radiology or its equivalent.
579 5. A physician who is board certified by the American
580 Osteopathic Board of Radiology or its equivalent.
581 6. A chiropractic physician who practices radiology.
582 7. Three consumer members who are not, and have never been,
583 licensed as a medical physicist or licensed in any closely
584 related profession.
585 (b) The State Surgeon General shall appoint the medical
586 physicist members of the council from a list of candidates who
587 are licensed to practice medical physics.
588 (c) The State Surgeon General shall appoint the physician
589 members of the council from a list of candidates who are
590 licensed to practice medicine in this state and are board
591 certified in diagnostic radiology, therapeutic radiology, or
592 radiation oncology.
593 (d) The State Surgeon General shall appoint the public
594 members of the council.
595 (e) As the term of each member expires, the State Surgeon
596 General shall appoint the successor for a term of 4 years. A
597 member shall serve until the member’s successor is appointed,
598 unless physically unable to do so.
599 (f) An individual is ineligible to serve more than two full
600 consecutive 4-year terms.
601 (g) If a vacancy on the council occurs, the State Surgeon
602 General shall appoint a member to serve for a 4-year term.
603 (h) A council member must be a United States citizen and
604 must have been a resident of this state for 2 consecutive years
605 immediately before being appointed.
606 1. A member of the council who is a medical physicist must
607 have practiced for at least 6 years before being appointed or be
608 board certified for the specialty in which the member practices.
609 2. A member of the council who is a physician must be
610 licensed to practice medicine in this state and must have
611 practiced diagnostic radiology or radiation oncology in this
612 state for at least 2 years before being appointed.
613 3. The public members of the council must not have a
614 financial interest in any endeavor related to the practice of
615 medical physics.
616 (i) A council member may be removed from the council if the
617 member:
618 1. Did not have the required qualifications at the time of
619 appointment;
620 2. Does not maintain the required qualifications while
621 serving on the council; or
622 3. Fails to attend the regularly scheduled council meetings
623 in a calendar year as required by s. 456.011.
624 (j) Members of the council may not receive compensation for
625 their services; however, they are entitled to reimbursement,
626 from funds deposited in the Medical Quality Assurance Trust
627 Fund, for necessary travel expenses as specified in s. 112.061
628 for each day they engage in the business of the council.
629 (k) At the first regularly scheduled meeting of each
630 calendar year, the council shall elect a presiding officer and
631 an assistant presiding officer from among its members. The
632 council shall meet at least once each year and at other times in
633 accordance with department requirements.
634 (l) The department shall provide administrative support to
635 the council for all licensing activities.
636 (m) The council may conduct its meetings electronically.
637 (4)(5) POWERS OF DEPARTMENT COUNCIL.—The department council
638 shall:
639 (a) Adopt Recommend rules to administer this section.
640 (b) Develop Recommend practice standards for the practice
641 of medical physics which are consistent with the Guidelines for
642 Ethical Practice for Medical Physicists prepared by the American
643 Association of Physicists in Medicine and disciplinary
644 guidelines adopted under s. 456.079.
645 (c) Develop and recommend continuing education requirements
646 for licensed medical physicists.
647 (5)(6) LICENSE REQUIRED.—An individual may not engage in
648 the practice of medical physics, including the specialties of
649 diagnostic radiological physics, therapeutic radiological
650 physics, medical nuclear radiological physics, or medical health
651 physics, without a license issued by the department for the
652 appropriate specialty.
653 (a) The department shall adopt rules to administer this
654 section which specify license application and renewal fees,
655 continuing education requirements, and standards for practicing
656 medical physics. The council shall recommend to the department
657 continuing education requirements that shall be a condition of
658 license renewal. The department shall require a minimum of 24
659 hours per biennium of continuing education offered by an
660 organization recommended by the council and approved by the
661 department. The department, upon recommendation of the council,
662 may adopt rules to specify continuing education requirements for
663 persons who hold a license in more than one specialty.
664 (b) In order to apply for a medical physicist license in
665 one or more specialties, a person must file an individual
666 application for each specialty with the department. The
667 application must be on a form prescribed by the department and
668 must be accompanied by a nonrefundable application fee for each
669 specialty.
670 (c) The department may issue a license to an eligible
671 applicant if the applicant meets all license requirements. At
672 any time before the department issues a license, the applicant
673 may request in writing that the application be withdrawn. To
674 reapply, the applicant must submit a new application and an
675 additional nonrefundable application fee and must meet all
676 current licensure requirements.
677 (d) The department shall review each completed application
678 for a license which the department receives.
679 (e) On receipt of an application and fee as specified in
680 this section, the department may issue a license to practice
681 medical physics in this state on or after October 1, 1997, to a
682 person who is board certified in the medical physics specialty
683 in which the applicant applies to practice by the American Board
684 of Radiology for diagnostic radiological physics, therapeutic
685 radiological physics, or medical nuclear radiological physics;
686 by the American Board of Medical Physics for diagnostic
687 radiological physics, therapeutic radiological physics, or
688 medical nuclear radiological physics; or by the American Board
689 of Health Physics or an equivalent certifying body approved by
690 the department.
691 (f) A licensee shall:
692 1. Display the license in a place accessible to the public;
693 and
694 2. Report immediately a any change in the licensee’s
695 address or name to the department.
696 (g) The following acts constitute grounds for denial of a
697 license or disciplinary action, as specified in s. 456.072(2):
698 1. Obtaining or attempting to obtain a license by bribery,
699 fraud, knowing misrepresentation, or concealment of material
700 fact or through an error of the department.
701 2. Having a license denied, revoked, suspended, or
702 otherwise acted against in another jurisdiction.
703 3. Being convicted or found guilty of, or entering a plea
704 of nolo contendere to, regardless of adjudication, a crime in
705 any jurisdiction which relates to the practice of, or the
706 ability to practice, the profession of medical physics.
707 4. Willfully failing to file a report or record required
708 for medical physics or willfully impeding or obstructing the
709 filing of a report or record required by this section or
710 inducing another person to do so.
711 5. Making misleading, deceptive, or fraudulent
712 representations in or related to the practice of medical
713 physics.
714 6. Willfully failing to report a any known violation of
715 this section or a any rule adopted thereunder.
716 7. Failing to perform a any statutory or legal obligation
717 placed upon a licensee.
718 8. Aiding, assisting, procuring, employing, or advising an
719 any unlicensed person to practice medical physics contrary to
720 this section or a any rule adopted thereunder.
721 9. Delegating or contracting for the performance of
722 professional responsibilities by a person when the licensee
723 delegating or contracting such responsibilities knows, or has
724 reason to know, such person is not qualified by training,
725 experience, and authorization to perform them.
726 10. Practicing or offering to practice beyond the scope
727 permitted by law or accepting and performing professional
728 responsibilities the licensee knows, or has reason to know, the
729 licensee is not competent to perform.
730 11. Gross or repeated malpractice or the inability to
731 practice medical physics with reasonable skill and safety.
732 12. Judicially determined mental incompetency.
733 13. Being unable to practice medical physics with
734 reasonable skill and safety because of a mental or physical
735 condition or illness or the use of alcohol, controlled
736 substances, or any other substance that which impairs one’s
737 ability to practice.
738 a. The department may, upon probable cause, compel a
739 licensee to submit to a mental or physical examination by
740 physicians designated by the department. The cost of an
741 examination must shall be borne by the licensee, and the
742 licensee’s failure to submit to such an examination constitutes
743 an admission of the allegations against the licensee, consequent
744 upon which a default and a final order may be entered without
745 the taking of testimony or presentation of evidence, unless the
746 failure was due to circumstances beyond the licensee’s control.
747 b. A licensee who is disciplined under this subparagraph
748 shall, at reasonable intervals, must be afforded an opportunity
749 to demonstrate that the licensee can resume the practice of
750 medical physics with reasonable skill and safety.
751 c. With respect to a any proceeding under this
752 subparagraph, the record of proceedings or the orders entered by
753 the department may not be used against a licensee in any other
754 proceeding.
755 14. Violating any provision of this chapter or chapter 456,
756 or any rules adopted pursuant thereto.
757 (h) The department may enter an order denying licensure or
758 imposing any of the penalties in s. 456.072(2) against an any
759 applicant for licensure or licensee who is found guilty of
760 violating any provision of subsection (1) of this section or who
761 is found guilty of violating any provision of s. 456.072(1).
762 (i) The department may not issue or reinstate a license to
763 a person it has deemed unqualified until it is satisfied that
764 such person has complied with the terms and conditions of the
765 final order and that the licensee can safely practice medical
766 physics.
767 (j) Upon receipt of a complete application and the fee set
768 forth by rule, the department may issue a physicist-in-training
769 certificate to a person qualified to practice medical physics
770 under direct supervision. The department may establish by rule
771 requirements for initial certification and renewal of a
772 physicist-in-training certificate.
773 (6)(7) FEES.—The fee for the initial license application is
774 shall be $500 and is nonrefundable. The fee for license renewal
775 may not be more than $500. These fees may cover only the costs
776 incurred by the department and the council to administer this
777 section. By July 1 each year, the department shall review the
778 fees to determine whether the fees advise the council if the
779 fees are sufficient insufficient to administer this section.
780 Section 25. Paragraph (g) of subsection (3) of section
781 921.0022, Florida Statutes, is amended to read:
782 921.0022 Criminal Punishment Code; offense severity ranking
783 chart.—
784 (3) OFFENSE SEVERITY RANKING CHART
785 (g) LEVEL 7
786 FloridaStatute FelonyDegree Description
787 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
788 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
789 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
790 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
791 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
792 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
793 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
794 456.065(2) 3rd Practicing a health care profession without a license.
795 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
796 458.327(1) 3rd Practicing medicine without a license.
797 459.013(1) 3rd Practicing osteopathic medicine without a license.
798 460.411(1) 3rd Practicing chiropractic medicine without a license.
799 461.012(1) 3rd Practicing podiatric medicine without a license.
800 462.17 3rd Practicing naturopathy without a license.
801 463.015(1) 3rd Practicing optometry without a license.
802 464.016(1) 3rd Practicing nursing without a license.
803 465.015(2) 3rd Practicing pharmacy without a license.
804 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
805 467.201 3rd Practicing midwifery without a license.
806 468.366 3rd Delivering respiratory care services without a license.
807 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
808 483.901(8) 483.901(9) 3rd Practicing medical physics without a license.
809 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
810 484.053 3rd Dispensing hearing aids without a license.
811 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
812 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
813 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
814 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
815 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
816 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
817 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
818 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
819 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
820 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
821 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
822 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
823 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
824 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
825 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
826 784.048(7) 3rd Aggravated stalking; violation of court order.
827 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
828 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
829 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
830 784.081(1) 1st Aggravated battery on specified official or employee.
831 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
832 784.083(1) 1st Aggravated battery on code inspector.
833 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
834 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
835 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
836 790.16(1) 1st Discharge of a machine gun under specified circumstances.
837 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
838 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
839 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
840 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
841 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
842 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
843 796.03 2nd Procuring any person under 16 years for prostitution.
844 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
845 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
846 806.01(2) 2nd Maliciously damage structure by fire or explosive.
847 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
848 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
849 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
850 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
851 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
852 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
853 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
854 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
855 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
856 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
857 812.131(2)(a) 2nd Robbery by sudden snatching.
858 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
859 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
860 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
861 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
862 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
863 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
864 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
865 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
866 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
867 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
868 838.015 2nd Bribery.
869 838.016 2nd Unlawful compensation or reward for official behavior.
870 838.021(3)(a) 2nd Unlawful harm to a public servant.
871 838.22 2nd Bid tampering.
872 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
873 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
874 872.06 2nd Abuse of a dead human body.
875 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
876 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
877 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
878 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
879 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
880 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
881 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
882 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
883 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
884 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
885 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
886 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
887 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
888 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
889 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
890 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
891 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
892 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
893 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
894 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
895 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
896 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
897 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
898 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
899 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
900 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
901 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
902 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
903 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
904 Section 26. This act shall take effect July 1, 2013.