Florida Senate - 2016                                    SB 1286
       
       
        
       By Senator Gibson
       
       9-01017A-16                                           20161286__
    1                        A bill to be entitled                      
    2         An act relating to diabetes educator practice;
    3         creating part XVII of ch. 468, F.S., entitled
    4         “Diabetes Educators Practice”; creating s. 468.931,
    5         F.S.; providing legislative findings and intent;
    6         creating s. 468.932, F.S.; defining terms; creating s.
    7         468.933, F.S.; prohibiting a person from engaging in
    8         diabetes education or diabetes self-management
    9         education or training unless he or she holds a certain
   10         license; creating s. 468.934, F.S.; providing
   11         applicability; creating s. 468.935, F.S.; specifying
   12         that the Dietetics and Nutrition Practice Council,
   13         under the supervision of the Board of Medicine, is
   14         responsible for licensing, monitoring, and
   15         disciplining diabetes educators; creating s. 468.936,
   16         F.S.; authorizing the board to adopt rules, subject to
   17         certain requirements; creating s. 468.937, F.S.;
   18         requiring the board to establish licensure and other
   19         fees and capping certain fees; creating s. 468.938,
   20         F.S.; providing requirements for licensure as a
   21         diabetes educator; creating s. 468.939, F.S.;
   22         providing for the use of certain titles by a licensed
   23         diabetes educator; requiring a person licensed under
   24         this part to display and exhibit the license pursuant
   25         to board rule; creating s. 468.940, F.S.; providing
   26         for licensure by endorsement; providing an exception;
   27         creating s. 468.941, F.S.; requiring the council to
   28         issue license renewals in certain circumstances;
   29         requiring the board to adopt rules that establish a
   30         procedure for the biennial renewal of diabetes
   31         educator licenses; creating s. 468.942, F.S.;
   32         authorizing the reactivation of inactive licenses
   33         under certain circumstances; requiring the board to
   34         adopt rules for inactive licenses and continuing
   35         education requirements for the reactivation of
   36         licenses; creating s. 468.943, F.S.; providing
   37         prohibitions and penalties; creating s. 468.944, F.S.;
   38         specifying grounds for denial of licensure or
   39         disciplinary action; amending s. 468.506, F.S.;
   40         revising the membership and responsibilities of the
   41         Dietetics and Nutrition Practice Council; requiring
   42         the council to ensure that diabetes educators meet
   43         certain requirements; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Part XVII of chapter 468, Florida Statutes,
   48  consisting of ss. 468.931-468.944, Florida Statutes, is created
   49  and entitled “Diabetes Educators Practice.”
   50         Section 2. Section 468.931, Florida Statutes, is created to
   51  read:
   52         468.931Legislative findings and intent.—The Legislature
   53  finds that the practice of diabetes education or diabetes self
   54  management education and training (DSME/T) requires highly
   55  skilled and educated professionals to protect the public health
   56  and safety. The Legislature further finds that it is difficult
   57  for the public to make informed choices about diabetes education
   58  and that the consequences of wrong choices could seriously
   59  endanger the public health and safety. The sole legislative
   60  purpose in enacting this part is to ensure that every person who
   61  practices diabetes education or DSME/T in this state meets
   62  minimum requirements for safe practice. It is the intent of the
   63  Legislature that any person practicing diabetes education or
   64  DSME/T who falls below minimum competency or who otherwise
   65  presents a danger to the public be prohibited from practicing in
   66  this state. It is also the intent of the Legislature that the
   67  practice of diabetes education or DSME/T be authorized and
   68  regulated solely within the limits expressly provided by this
   69  part and rules adopted thereunder.
   70         Section 3. Section 468.932, Florida Statutes, is created to
   71  read:
   72         468.932Definitions.—As used in this part, the term:
   73         (1) “Board” means the Board of Medicine.
   74         (2) “Board Certified–Advanced Diabetes Management
   75  Professional” means a health care professional who has passed
   76  the Board Certified-Advanced Diabetes Management (BC-ADM)
   77  examination administered by the American Association of Diabetes
   78  Educators.
   79         (3) “Certified diabetes educator” or “CDE” means a health
   80  care professional who possesses comprehensive knowledge of and
   81  experience in prediabetes, diabetes prevention, and DSME/T, and
   82  who has passed the National Certification Board for Diabetes
   83  Educators (NCBDE) certification examination for diabetes
   84  educators.
   85         (4) “Council” means the Dietetics and Nutrition Practice
   86  Council created by s. 468.506 which regulates the licensure of
   87  diabetes educators under the direct supervision of the board.
   88         (5) “Department” means the Department of Health.
   89         (6) “Diabetes self-management education and training” or
   90  “DSME/T” means educational services provided for diabetes self
   91  management included in the national standards published by the
   92  American Association of Diabetes Educators and the American
   93  Diabetes Association.
   94         (7) “Licensed diabetes educator” or “LDE” means a person
   95  who has met all of the requirements of this part to receive a
   96  license pursuant to s. 468.938.
   97         (8) “National Certification Board for Diabetes Educators”
   98  or “NCBDE” means the board that conducts the national
   99  certification program and administers certification in a manner
  100  that upholds standards for competent practice in diabetes
  101  education and DSME/T.
  102         (9) “Person” means a natural person.
  103         (10) “Practice of diabetes education or DSME/T” means the
  104  assessment of a person with or at risk for diabetes, the
  105  development of a plan of care for that person, the evaluation of
  106  the person’s response to the implementation of the plan of care,
  107  and the recording and evaluation of the person’s experience.
  108         Section 4. Section 468.933, Florida Statutes, is created to
  109  read:
  110         468.933License required.—A person may not engage for
  111  remuneration in diabetes education or DSME/T or hold himself or
  112  herself out as a practitioner of diabetes education or DSME/T
  113  unless he or she is licensed in accordance with this part.
  114         Section 5. Section 468.934, Florida Statutes, is created to
  115  read:
  116         468.934Applicability.—This part does not prohibit:
  117         (1)A person licensed in this state under chapter 458,
  118  chapter 459, chapter 461, chapter 463, part I of chapter 464,
  119  chapter 465, or chapter 466, when engaging in the profession or
  120  occupation for which he or she is licensed, or any person
  121  employed by and performing tasks or activities under the
  122  supervision of the licensee, from rendering services within the
  123  scope of the profession or occupation of the licensee.
  124         (2) A person who is employed by the Federal Government or
  125  any bureau, division, or agency of the Federal Government from
  126  discharging his or her official duties.
  127         (3) A person who is a diabetes educator licensed under the
  128  laws of another state or territory of the United States or
  129  another country whose licensure requirements are equal to or
  130  exceed those defined in this part from engaging in diabetes
  131  education or DSME/T.
  132         Section 6. Section 468.935, Florida Statutes, is created to
  133  read:
  134         468.935Dietetics and Nutrition Practice Council.—In
  135  addition to the powers and duties delegated to the Dietetics and
  136  Nutrition Practice Council under s. 468.506, the council is
  137  responsible, under the supervision of the board, for licensing,
  138  monitoring, and disciplining diabetes educators to ensure that
  139  minimum requirements for competency and safe practice are met.
  140         Section 7. Section 468.936, Florida Statutes, is created to
  141  read:
  142         468.936Rulemaking Authority.—The board may adopt rules
  143  pursuant to ss. 120.536(1) and 120.54 to implement this part and
  144  chapter 456. The powers and duties of the board as set forth in
  145  this part are supplemental and additional to those conferred
  146  upon the board by chapter 458 and do not limit or supersede the
  147  powers and duties of the board under that chapter.
  148         Section 8. Section 468.937, Florida Statutes, is created to
  149  read:
  150         468.937Fees.—The board shall establish by rule the
  151  following fees, which must be adequate to administer and
  152  implement this part:
  153         (1)A nonrefundable application fee, which may not exceed
  154  $100.
  155         (2) An initial licensure fee, which may not exceed $100.
  156         (3)A biennial renewal fee, which may not exceed $50.
  157         (4)A fee for licensure by endorsement, which may not
  158  exceed $350.
  159         (5)A fee for a temporary permit, which may not exceed
  160  $100.
  161         (6)A fee for reactivation of an inactive license, which
  162  may not exceed $50.
  163         (7) Fees for application and certification verification,
  164  recordmaking, and recordkeeping, respectively.
  165         Section 9. Section 468.938, Florida Statutes, is created to
  166  read:
  167         468.938Licensure requirements.—To qualify for a license to
  168  practice as a diabetes educator, a person must submit a written
  169  application on forms provided by the board evidencing and
  170  ensuring to the satisfaction of the board that the applicant has
  171  met one or more of the following requirements:
  172         (1) Passed the National Certification Board of Diabetes
  173  Educator’s (NCBDE) examination for and received certification as
  174  a certified diabetes educator (CDE).
  175         (2) Passed the Board Certified-Advanced Diabetes Management
  176  (BC-ADM) examination and received the American Association of
  177  Diabetes Educators’ BC-ADM designation.
  178         (3) Completed a minimum of 250 hours of experience under
  179  the supervision of an CDE, with at least 40 percent of those
  180  hours earned in the 12 months immediately before submitting an
  181  application, and passed a certification examination administered
  182  by the NCBDE.
  183         Section 10. Section 468.939, Florida Statutes, is created
  184  to read:
  185         468.939License to be displayed.—
  186         (1) A licensed diabetes educator may use the term “licensed
  187  diabetes educator” or “LDE” in connection with his or her name
  188  or place of business to denote licensure under this part.
  189         (2)Each person who is issued a license under this part
  190  shall conspicuously display the license in his or her office,
  191  place of business, or place of employment and shall exhibit such
  192  license to any member or authorized representative of the board
  193  as required by board rule.
  194         Section 11. Section 468.940, Florida Statutes, is created
  195  to read:
  196         468.940Licensure by endorsement.—
  197         (1)The council shall issue a license by endorsement to an
  198  applicant whom the board certifies as qualified, upon receipt of
  199  a completed application and the fee specified in s. 468.937.
  200         (2)The board shall certify as qualified for licensure by
  201  endorsement under this section an applicant who:
  202         (a)Presents evidence satisfactory to the board that he or
  203  she is a CDE or has received a BC-ADM designation; or
  204         (b)Holds a valid license to practice diabetes education or
  205  DSME/T issued by another state, district, or territory of the
  206  United States, if the board determines that the criteria for the
  207  issuance of such a license are substantially equivalent to or
  208  more stringent than those of this state.
  209         (3)The council may not issue a license by endorsement
  210  under this section to an applicant who is under investigation in
  211  any jurisdiction for any act that would constitute a violation
  212  of this part or chapter 456 until the investigation is complete
  213  and disciplinary proceedings have been terminated.
  214         Section 12. Section 468.941, Florida Statutes, is created
  215  to read:
  216         468.941Renewal of license.—
  217         (1)The council shall renew a license under this part upon
  218  receipt of the renewal application and the fee specified in s.
  219  468.937 and the successful completion of 75 hours of continuing
  220  education in the preceding 5 years or 15 hours of continuing
  221  education in the preceding year. For a biennial renewal,
  222  licensees must successfully complete 30 hours of continuing
  223  education during the 2-year license period.
  224         (2)The board shall adopt rules establishing a procedure
  225  for the biennial renewal of licenses under this part.
  226         Section 13. Section 468.942, Florida Statutes, is created
  227  to read:
  228         468.942Reactivation of license.—
  229         (1)The board shall adopt rules relating to inactive
  230  licenses and for the reactivation of such licenses. The board
  231  shall also prescribe by rule continuing education requirements
  232  for reactivation of a license, which may not exceed 20 hours for
  233  each year the license was inactive.
  234         (2)A license issued under this part which has become
  235  inactive may be reactivated upon receipt by the council of a
  236  reactivation application, the fee specified in s. 468.937, and
  237  proof of the successful completion of continuing education
  238  required by the NBCDE and board rule.
  239         Section 14. Section 468.943, Florida Statutes, is created
  240  to read:
  241         468.943Prohibitions; penalties.—
  242         (1)A person may not knowingly do any of the following:
  243         (a)Engage in diabetes education or the practice of DSME/T
  244  for remuneration unless the person is licensed under this part.
  245         (b)Use the name or title “LDE,” “licensed diabetes
  246  educator,” “diabetes specialist,” “diabetes educator,” or any
  247  other words, letters, abbreviations, or insignia indicating or
  248  implying that he or she is a diabetes educator, or holds himself
  249  or herself out as such, unless the person is licensed under this
  250  part.
  251         (c)Present as his or her own the license of another.
  252         (d)Give false or forged evidence to the board or a member
  253  of the board.
  254         (e)Use or attempt to use a license that has been
  255  suspended, revoked, or placed on inactive or delinquent status.
  256         (f)Employ unlicensed persons to engage in diabetes
  257  education or DSME/T.
  258         (g)Conceal information relative to any violation of this
  259  part.
  260         (2)A person who violates this section commits a
  261  misdemeanor of the first degree, punishable as provided in s.
  262  775.082 or s. 775.083.
  263         Section 15. Section 468.944, Florida Statutes, is created
  264  to read:
  265         468.944Grounds for disciplinary action.—
  266         (1)The following acts constitute grounds for denial of a
  267  license or disciplinary action, as specified in s. 456.072(2):
  268         (a)Violating this part, a board rule adopted pursuant to
  269  this part, or a lawful order of the board or council previously
  270  entered in a disciplinary hearing held pursuant to this part, or
  271  failing to comply with a lawfully issued subpoena of the
  272  department, board, or council. This paragraph also applies to an
  273  order or a subpoena previously issued by the department during
  274  its period of regulatory control over this part.
  275         (b)Being unable to engage in diabetes education or DSME/T
  276  with reasonable skill and safety by reason of illness or use of
  277  alcohol, drugs, narcotics, chemicals, or any other type of
  278  material or as a result of any mental or physical condition.
  279         1.A licensee whose license is suspended or revoked
  280  pursuant to this paragraph, at reasonable intervals, shall be
  281  given an opportunity to demonstrate that he or she can resume
  282  the competent practice of diabetes education or DSME/T with
  283  reasonable skill and safety to patients.
  284         2.The record of the proceeding or the orders entered by
  285  the board in a proceeding under this paragraph may not be used
  286  against a licensee in any other proceeding.
  287         (c)Attempting to procure or procuring a license to
  288  practice diabetes education or DSME/T by fraud or
  289  misrepresentation of material fact.
  290         (d)Having a license to practice diabetes education or
  291  DSME/T revoked, suspended, or otherwise acted against, including
  292  the denial of licensure by the licensing authority of another
  293  state, district, territory, or country.
  294         (e)Being convicted or found guilty of, or entering a plea
  295  of nolo contendere to, regardless of adjudication, a crime in
  296  any jurisdiction which directly relates to the practice of or
  297  the ability to practice diabetes education or DSME/T.
  298         (f)Making or filing a report or record, signed in the
  299  licensee’s capacity as a licensed diabetes educator, which he or
  300  she knows to be false or willfully failing to file a signed
  301  report or record required by state or federal law, willfully
  302  impeding or obstructing such a filing, or inducing another
  303  person to impede or obstruct such a filing.
  304         (g)Advertising goods or services in a manner that is
  305  fraudulent, false, deceptive, or misleading in form or content.
  306         (h)Committing an act of fraud or deceit, or of negligence,
  307  incompetency, or misconduct in the practice of diabetes
  308  education or DSME/T.
  309         (i)Practicing with a license that has been suspended,
  310  revoked, or placed on inactive or delinquent status.
  311         (j)Treating or attempting to treat human ailments by means
  312  other than by diabetes education or DSME/T.
  313         (k)Failing to maintain acceptable standards of practice as
  314  set forth by the board and the council in rules adopted pursuant
  315  to this part.
  316         (l)Engaging directly or indirectly in the dividing,
  317  transferring, assigning, rebating, or refunding of fees received
  318  for professional services, or profiting by means of a credit or
  319  other valuable consideration, such as an unearned commission, a
  320  discount, or a gratuity, with a person referring a patient or
  321  with a relative or business associate of the referring person.
  322  This part does not prohibit the members of a regularly and
  323  properly organized business entity that is composed of licensees
  324  under this part and recognized under the laws of this state from
  325  making any division of their total fees among themselves as they
  326  determine necessary.
  327         (m)Advertising, by or on behalf of a licensee under this
  328  part, a method of assessment or treatment that is experimental
  329  or without generally accepted scientific validation.
  330         (n)Violating this chapter or chapter 456, or any rules
  331  adopted thereunder.
  332         (2)The council must reissue the license of a disciplined
  333  licensed diabetes educator upon certification by the board that
  334  the disciplined diabetes educator has complied with the terms
  335  and conditions set forth in the final order of the board
  336  disciplining the diabetes educator.
  337         Section 16. Section 468.506, Florida Statutes, is amended
  338  to read:
  339         468.506 Dietetics and Nutrition Practice Council.—There is
  340  created the Dietetics and Nutrition Practice Council under the
  341  supervision of the board. The council shall consist of three
  342  four persons licensed under this part, one person licensed under
  343  part XVII of this chapter, and one consumer who is 60 years of
  344  age or older. Council members shall be appointed by the board.
  345  Licensed members shall be appointed based on the proportion of
  346  licensees within each of the respective disciplines. Members
  347  shall be appointed for 4-year staggered terms. In order to be
  348  eligible for appointment, each licensed member must have been a
  349  licensee under this part for at least 3 years before prior to
  350  his or her appointment. A No council member may not shall serve
  351  more than two successive terms. The board may delegate such
  352  powers and duties to the council as it may deem proper to carry
  353  out the operations and procedures necessary to implement
  354  effectuate the provisions of this part. However, the powers and
  355  duties delegated to the council by the board must encompass both
  356  dietetics and nutrition practice and nutrition counseling. The
  357  council shall also operate under the supervision of the board to
  358  ensure that diabetes educators in this state meet at least the
  359  minimum requirements for the safe practice of diabetes education
  360  or DSME/T. In addition to being responsible for licensing,
  361  monitoring, disciplining, and educating dietitians,
  362  nutritionists, and nutrition counselors, the council is
  363  responsible for licensing, monitoring, and disciplining diabetes
  364  educators to ensure patient safety and competency to practice in
  365  this state. Any time there is a vacancy on the council, any
  366  professional association composed of persons licensed under this
  367  part may recommend licensees to fill the vacancy to the board in
  368  a number at least twice the number of vacancies to be filled,
  369  and the board may appoint from the submitted list, in its
  370  discretion, any of those persons so recommended. Any
  371  professional association composed of persons licensed under this
  372  part may file an appeal regarding a council appointment with the
  373  State Surgeon General, whose decision shall be final. The board
  374  shall fix council members’ compensation and pay their expenses
  375  in the same manner as provided in s. 456.011.
  376         Section 17. This act shall take effect January 1, 2018.