Florida Senate - 2018                                    SB 1486
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00949-18                                           20181486__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.4018, F.S.; requiring the Department of Health
    4         to adopt rules to implement a federal program to
    5         further encourage qualified physicians to relocate to
    6         and practice in underserved areas; amending s.
    7         456.013, F.S.; revising health care practitioner
    8         licensure application requirements; amending s.
    9         456.024, F.S.; revising health care practitioner
   10         licensure eligibility requirements for certain members
   11         of the armed forces and their spouses; amending s.
   12         458.309, F.S.; deleting a provision requiring certain
   13         physicians to register an office with the department;
   14         removing departmental responsibilities; creating s.
   15         458.3266, F.S.; defining terms; requiring office
   16         surgery centers to register with the department under
   17         certain circumstances; providing registration
   18         requirements; providing responsibilities for office
   19         surgery center physicians; requiring the department to
   20         inspect office surgery centers; providing an
   21         exception; requiring the Board of Medicine to adopt
   22         rules; providing penalties; amending s. 459.005, F.S.;
   23         deleting a provision requiring certain physicians to
   24         register an office with the department; removing
   25         departmental responsibilities; creating s. 459.0138,
   26         F.S.; defining terms; requiring office surgery centers
   27         to register with the department under certain
   28         circumstances; providing registration requirements;
   29         providing responsibilities for office surgery center
   30         physicians; requiring the department to inspect office
   31         surgery centers; providing an exception; requiring the
   32         Board of Osteopathic Medicine to adopt rules;
   33         providing penalties; repealing s. 460.4166, F.S.,
   34         relating to registered chiropractic assistants;
   35         amending s. 463.006, F.S.; revising examination
   36         requirements for the licensure and certification of
   37         optometrists; creating s. 463.0061, F.S.; authorizing
   38         licensure of optometrists by endorsement and providing
   39         requirements therefor; defining the term “active
   40         licensed practice of optometry”; amending s. 464.006,
   41         F.S.; authorizing the Board of Nursing to establish
   42         certain standards of care; amending s. 464.202, F.S.;
   43         requiring the board to adopt by rule discipline and
   44         standards of care for certified nursing assistants;
   45         amending s. 464.203, F.S.; revising certification
   46         requirements for nursing assistants; amending s.
   47         464.204, F.S.; revising grounds for board-imposed
   48         disciplinary sanctions; amending s. 465.019, F.S.;
   49         requiring an institutional pharmacy to pass an onsite
   50         inspection by the department within a specified time
   51         before the issuance of an initial permit or a permit
   52         for change of location; amending s. 465.0193, F.S.;
   53         requiring a nuclear pharmacy to pass an onsite
   54         inspection by the department within a specified time
   55         before issuance of an initial permit or a permit for
   56         change of location; creating s. 465.0195, F.S.;
   57         requiring certain pharmacies and outsourcing
   58         facilities located in this state to obtain a permit in
   59         order to create, ship, mail, deliver, or dispense
   60         compounded sterile products; providing application
   61         requirements; providing inspection requirements;
   62         providing permit requirements; authorizing the Board
   63         of Pharmacy to adopt certain rules; providing
   64         applicability; amending s. 465.0196, F.S.; requiring a
   65         special pharmacy to pass an onsite inspection by the
   66         department within a specified time before the issuance
   67         of an initial permit or a permit for change of
   68         location; amending s. 465.0197, F.S.; requiring an
   69         Internet pharmacy to pass an onsite inspection by the
   70         department within a specified time before the issuance
   71         of an initial permit or a permit for change of
   72         location; amending s. 466.006, F.S.; revising certain
   73         requirements for examinations to be completed by
   74         applicants seeking dental licensure; amending s.
   75         466.007, F.S.; revising requirements for examinations
   76         of dental hygienists; amending s. 466.017, F.S.;
   77         providing adverse incident reporting requirements;
   78         defining the term “adverse incident”; providing for
   79         disciplinary action by the Board of Dentistry;
   80         authorizing the board to adopt rules; repealing s.
   81         466.032, F.S., relating to registration; repealing s.
   82         466.033, F.S., relating to registration certificates;
   83         repealing s. 466.034, F.S., relating to change of
   84         ownership or address; repealing s. 466.035, F.S.,
   85         relating to advertising; repealing s. 466.036, F.S.,
   86         relating to information, periodic inspections, and
   87         equipment and supplies; repealing s. 466.037, F.S.,
   88         relating to suspension and revocation and
   89         administrative fines; repealing s. 466.038, F.S.,
   90         relating to rules; repealing s. 466.039, F.S.,
   91         relating to violations; amending s. 468.701, F.S.;
   92         revising a definition; amending s. 468.707, F.S.;
   93         revising athletic trainer licensure requirements;
   94         amending s. 468.711, F.S.; revising requirements for
   95         the renewal of a license relating to continuing
   96         education; amending s. 468.723, F.S.; revising a
   97         definition; amending s. 468.803, F.S.; revising
   98         orthotic, prosthetic, and pedorthic licensure,
   99         registration, and examination requirements; amending
  100         s. 480.033, F.S.; revising a definition; amending s.
  101         480.041, F.S.; revising qualifications for licensure
  102         as a massage therapist; repealing s. 480.042, F.S.,
  103         relating to examinations; amending s. 480.046, F.S.;
  104         revising instances under which disciplinary action may
  105         be taken against massage establishments; prohibiting a
  106         certain disciplined massage establishment from
  107         applying for relicensure; providing an exception;
  108         amending s. 483.824, F.S.; revising qualification
  109         requirements for a clinical laboratory director;
  110         amending s. 490.003, F.S.; revising definitions;
  111         amending s. 490.005, F.S.; revising examination
  112         requirements for licensure of a psychologist; amending
  113         s. 490.006, F.S.; revising requirements for licensure
  114         by endorsement of certain psychologists; amending s.
  115         491.0045, F.S.; providing an exemption for intern
  116         registration requirements under certain circumstances;
  117         amending s. 491.005, F.S.; revising education
  118         requirements for the licensure of marriage and family
  119         therapists; revising examination requirements for the
  120         licensure of mental health counselors; amending s.
  121         491.006, F.S.; revising requirements for licensure or
  122         certification by endorsement for certain professions;
  123         amending s. 491.007, F.S.; removing a biennial intern
  124         registration fee; amending s. 491.009, F.S.;
  125         authorizing the Board of Clinical Social Work,
  126         Marriage and Family Therapy, and Mental Health
  127         Counseling, or the department under certain
  128         circumstances, to enter an order denying licensure or
  129         imposing penalties against an applicant for licensure
  130         under certain circumstances; providing penalties;
  131         amending ss. 463.0057, 491.0046, and 945.42, F.S.;
  132         conforming provisions to changes made by the act;
  133         providing an effective date.
  134          
  135  Be It Enacted by the Legislature of the State of Florida:
  136  
  137         Section 1. Paragraph (f) of subsection (3) of section
  138  381.4018, Florida Statutes, is amended to read:
  139         381.4018 Physician workforce assessment and development.—
  140         (3) GENERAL FUNCTIONS.—The department shall maximize the
  141  use of existing programs under the jurisdiction of the
  142  department and other state agencies and coordinate governmental
  143  and nongovernmental stakeholders and resources in order to
  144  develop a state strategic plan and assess the implementation of
  145  such strategic plan. In developing the state strategic plan, the
  146  department shall:
  147         (f) Develop strategies to maximize federal and state
  148  programs that provide for the use of incentives to attract
  149  physicians to this state or retain physicians within the state.
  150  Such strategies should explore and maximize federal-state
  151  partnerships that provide incentives for physicians to practice
  152  in federally designated shortage areas. Strategies shall also
  153  consider the use of state programs, such as the Medical
  154  Education Reimbursement and Loan Repayment Program pursuant to
  155  s. 1009.65, which provide for education loan repayment or loan
  156  forgiveness and provide monetary incentives for physicians to
  157  relocate to underserved areas of the state. To further encourage
  158  qualified physicians to relocate to and practice in underserved
  159  areas, the department, following federal requirements, shall
  160  adopt any rules necessary for the implementation of the Conrad
  161  30 Waiver Program established under s. 214(1) of the Immigration
  162  and Nationality Act.
  163         Section 2. Paragraph (a) of subsection (1) of section
  164  456.013, Florida Statutes, is amended to read:
  165         456.013 Department; general licensing provisions.—
  166         (1)(a) Any person desiring to be licensed in a profession
  167  within the jurisdiction of the department shall apply to the
  168  department in writing to take the licensure examination. The
  169  application shall be made on a form prepared and furnished by
  170  the department. The application form must be available on the
  171  World Wide Web and the department may accept electronically
  172  submitted applications beginning July 1, 2001. The application
  173  shall require the social security number and date of birth of
  174  the applicant, except as provided in paragraphs (b) and (c). The
  175  form shall be supplemented as needed to reflect any material
  176  change in any circumstance or condition stated in the
  177  application which takes place between the initial filing of the
  178  application and the final grant or denial of the license and
  179  which might affect the decision of the department. If an
  180  application is submitted electronically, the department may
  181  require supplemental materials, including an original signature
  182  of the applicant and verification of credentials, to be
  183  submitted in a nonelectronic format. An incomplete application
  184  shall expire 1 year after initial filing. In order to further
  185  the economic development goals of the state, and notwithstanding
  186  any law to the contrary, the department may enter into an
  187  agreement with the county tax collector for the purpose of
  188  appointing the county tax collector as the department’s agent to
  189  accept applications for licenses and applications for renewals
  190  of licenses. The agreement must specify the time within which
  191  the tax collector must forward any applications and accompanying
  192  application fees to the department.
  193         Section 3. Paragraphs (a) and (b) of subsection (3) and
  194  paragraph (j) of subsection (4) of section 456.024, Florida
  195  Statutes, are amended to read:
  196         456.024 Members of Armed Forces in good standing with
  197  administrative boards or the department; spouses; licensure.—
  198         (3)(a) A person is eligible for licensure as a health care
  199  practitioner in this state if he or she:
  200         1. Serves or has served as a health care practitioner in
  201  the United States Armed Forces, the United States Reserve
  202  Forces, or the National Guard;
  203         2. Serves or has served on active duty with the United
  204  States Armed Forces as a health care practitioner in the United
  205  States Public Health Service; or
  206         3. Is a health care practitioner, other than a dentist, in
  207  another state, the District of Columbia, or a possession or
  208  territory of the United States and is the spouse of a person
  209  serving on active duty with the United States Armed Forces.
  210  
  211  The department shall develop an application form, and each
  212  board, or the department if there is no board, shall waive the
  213  application fee, licensure fee, and unlicensed activity fee for
  214  such applicants. For purposes of this subsection, “health care
  215  practitioner” means a health care practitioner as defined in s.
  216  456.001 and a person licensed under part III of chapter 401 or
  217  part IV of chapter 468.
  218         (b) The board, or the department if there is no board,
  219  shall issue a license to practice in this state to a person who:
  220         1. Submits a complete application.
  221         2. If he or she is a member of the United States Armed
  222  Forces, the United States Reserve Forces, or the National Guard,
  223  submits proof that he or she has received an honorable discharge
  224  within 6 months before, or will receive an honorable discharge
  225  within 6 months after, the date of submission of the
  226  application.
  227         3.a. Holds an active, unencumbered license issued by
  228  another state, the District of Columbia, or a possession or
  229  territory of the United States and who has not had disciplinary
  230  action taken against him or her in the 5 years preceding the
  231  date of submission of the application;
  232         b. Is a military health care practitioner in a profession
  233  for which licensure in a state or jurisdiction is not required
  234  to practice in the United States Armed Forces, if he or she
  235  submits to the department evidence of military training or
  236  experience substantially equivalent to the requirements for
  237  licensure in this state in that profession and evidence that he
  238  or she has obtained a passing score on the appropriate
  239  examination of a national or regional standards organization if
  240  required for licensure in this state; or
  241         c. Is the spouse of a person serving on active duty in the
  242  United States Armed Forces and is a health care practitioner in
  243  a profession, excluding dentistry, for which licensure in
  244  another state or jurisdiction is not required, if he or she
  245  submits to the department evidence of training or experience
  246  substantially equivalent to the requirements for licensure in
  247  this state in that profession and evidence that he or she has
  248  obtained a passing score on the appropriate examination of a
  249  national or regional standards organization if required for
  250  licensure in this state.
  251         4. Attests that he or she is not, at the time of submission
  252  of the application, the subject of a disciplinary proceeding in
  253  a jurisdiction in which he or she holds a license or by the
  254  United States Department of Defense for reasons related to the
  255  practice of the profession for which he or she is applying.
  256         5. Actively practiced the profession for which he or she is
  257  applying for the 3 years preceding the date of submission of the
  258  application.
  259         6. Submits a set of fingerprints for a background screening
  260  pursuant to s. 456.0135, if required for the profession for
  261  which he or she is applying.
  262  
  263  The department shall verify information submitted by the
  264  applicant under this subsection using the National Practitioner
  265  Data Bank.
  266         (4)
  267         (j)An applicant who is issued a temporary professional
  268  license to practice as a dentist pursuant to this section must
  269  practice under the indirect supervision, as defined in s.
  270  466.003, of a dentist licensed pursuant to chapter 466.
  271         Section 4. Subsection (3) of section 458.309, Florida
  272  Statutes, is amended to read:
  273         458.309 Rulemaking authority.—
  274         (3)A physician who performs liposuction procedures in
  275  which more than 1,000 cubic centimeters of supernatant fat is
  276  removed, level 2 procedures lasting more than 5 minutes, and all
  277  level 3 surgical procedures in an office setting must register
  278  the office with the department unless that office is licensed as
  279  a facility under chapter 395. The department shall inspect the
  280  physician’s office annually unless the office is accredited by a
  281  nationally recognized accrediting agency or an accrediting
  282  organization subsequently approved by the Board of Medicine. The
  283  actual costs for registration and inspection or accreditation
  284  shall be paid by the person seeking to register and operate the
  285  office setting in which office surgery is performed.
  286         Section 5. Section 458.3266, Florida Statutes, is created
  287  to read:
  288         458.3266Office surgery centers.—
  289         (1)DEFINITIONS.—As used in this section, the term:
  290         (a)“Designated physician” means a physician licensed under
  291  this chapter or chapter 459 who practices at the office surgery
  292  center location for which the physician has assumed
  293  responsibility for complying with all requirements in this
  294  section and related rules of the board.
  295         (b)“Office surgery center” means any facility where a
  296  physician performs liposuction procedures in which more than
  297  1,000 cubic centimeters of supernatant fat are removed, level 2
  298  procedures lasting more than 5 minutes, and all level 3 surgical
  299  procedures in an office setting, or any facility in which
  300  surgery is performed outside of any facility licensed under
  301  chapter 390 or chapter 395.
  302         (2)REGISTRATION.—
  303         (a)An office surgery center must register with the
  304  department unless the center is:
  305         1.Licensed as a facility pursuant to chapter 395; or
  306         2.Affiliated with an accredited medical school at which
  307  training is provided for medical students, residents, or
  308  fellows.
  309         (b)Office surgery center locations shall be registered
  310  separately regardless of whether the center is operated under
  311  the same business name or management as another center. The
  312  actual costs for registration shall be paid by the person
  313  seeking to register and operate the office surgery center in
  314  which office surgery is performed.
  315         (c)As a part of registration, an office surgery center
  316  must have a designated physician. Within 10 days after
  317  termination of a designated physician, the center must notify
  318  the department of the identity of another designated physician
  319  for that center. Failing to have a designated physician
  320  practicing at the location of the registered center may result
  321  in the suspension of the center’s certificate of registration,
  322  as described in s. 456.073(8), or agency action under s.
  323  120.60(6).
  324         (d)The department shall deny registration to an office
  325  surgery center that is:
  326         1.Not fully owned by a physician licensed under this
  327  chapter or chapter 459 or a group of physicians licensed under
  328  this chapter or chapter 459;
  329         2.Not a health care center licensed under part X of
  330  chapter 400; or
  331         3.Owned by or in any contractual or employment
  332  relationship with a physician licensed under this chapter or
  333  chapter 459 who:
  334         a.Had hospital privileges revoked in the last 5 years;
  335         b.Does not have a clear and active license with the
  336  department; or
  337         c.Had a license disciplined by the department or another
  338  jurisdiction in the last 5 years for an offense related to
  339  standard of care.
  340         (e)If the department finds that an office surgery center
  341  does not meet the requirements of paragraph (c) or is owned,
  342  directly or indirectly, by a person meeting criteria listed in
  343  paragraph (d), the department shall revoke the certificate of
  344  registration previously issued by the department.
  345         (f)The department may revoke an office surgery center’s
  346  certificate of registration and prohibit all physicians
  347  associated with the center from practicing at that location
  348  based upon an annual inspection and evaluation of the factors
  349  described in subsection (4).
  350         (g)If the certificate of registration is revoked or
  351  suspended, the designated physician of the center, the owner or
  352  lessor of the center property, the manager, and the proprietor
  353  shall:
  354         1.Cease to operate the facility as an office surgery
  355  center as of the effective date of the suspension or revocation.
  356         2.Remove any signs and symbols identifying the premises as
  357  an office surgery center.
  358         (h)Upon the effective date of the suspension or
  359  revocation, the designated physician of the office surgery
  360  center shall advise the department of the disposition of the
  361  medicinal drugs located on the premises. Such disposition is
  362  subject to the supervision and approval of the department.
  363  Medicinal drugs that are purchased or held by a center that is
  364  not registered may be deemed adulterated pursuant to s. 499.006.
  365         (i)If the office surgery center’s registration is revoked,
  366  any person named in the registration documents of the center,
  367  including persons owning or operating the center, may not, as an
  368  individual or as a part of a group, apply to operate an office
  369  surgery center for 5 years after the date the registration is
  370  revoked.
  371         (j)The period of suspension for the registration of an
  372  office surgery center shall be prescribed by the department, but
  373  may not exceed 2 years.
  374         (k)A change of ownership of a registered office surgery
  375  center requires submission of a new registration application. An
  376  office surgery registration may not be transferred.
  377         (3)PHYSICIAN RESPONSIBILITIES.—These responsibilities
  378  apply to any physician who provides professional services in an
  379  office surgery center that is required to register with the
  380  department in subsection (2).
  381         (a)1.A physician may not practice medicine in an office
  382  surgery center, as described in subsection (5), if the office
  383  surgery center is not registered with the department as required
  384  by this section. A physician who violates this paragraph is
  385  subject to disciplinary action by his or her appropriate medical
  386  regulatory board.
  387         2.Surgical procedures performed in an office surgery
  388  center may not include any procedure that may result in blood
  389  loss of more than 10 percent of estimated blood volume in a
  390  patient with a normal hemoglobin level; require major or
  391  prolonged intracranial, intrathoracic, abdominal, or major joint
  392  replacement procedures, except for laparoscopic procedures;
  393  involve major blood vessels when such procedure is performed
  394  with direct visualization by open exposure of the major vessel,
  395  except for percutaneous endovascular intervention; or are
  396  generally emergent or life-threatening in nature.
  397         (b)The designated physician of an office surgery center
  398  shall notify the applicable board in writing of the date of
  399  termination of employment within 10 days after terminating his
  400  or her employment with a center registered under subsection (2).
  401  Each physician practicing in an office surgery center shall
  402  notify the board, in writing, within 10 calendar days after
  403  beginning or ending his or her practice at an office surgery
  404  center.
  405         (c)Each physician practicing in an office surgery center
  406  is responsible for ensuring compliance with the following:
  407         1.Facility and physical operations requirements,
  408  including:
  409         a.An office surgery center that is located and operated at
  410  a publicly accessible, fixed location.
  411         b.The public display of a visible printed sign that
  412  clearly identifies the name, hours of operations, and street
  413  address of the center.
  414         c.Maintaining a publicly listed telephone number and other
  415  methods of communication available to the public.
  416         d.Emergency lighting and communications.
  417         e.A reception and waiting area.
  418         f.A restroom.
  419         g.An administrative area, including room for storage of
  420  medical records, supplies, and equipment.
  421         h.Private patient examination rooms.
  422         i.Treatment rooms, if treatment is being provided to the
  423  patients.
  424         j.The public display of a visible printed sign located in
  425  a conspicuous place in the waiting room with the name and
  426  contact information of the center’s designated physician and the
  427  names of all physicians practicing in the center.
  428         k.Compliance with ss. 499.0121 and 893.07, if the center
  429  stores and dispenses prescription drugs.
  430         2.Infection control requirements, including:
  431         a.The maintenance of equipment and supplies to support
  432  infection prevention and control.
  433         b.The identification of infection risks that shall be
  434  based on the following:
  435         (I)Geographic location, community, and population served.
  436         (II)The provided care, treatment, and services.
  437         (III)An analysis of its infection surveillance and control
  438  data.
  439         c.Center maintenance of written infection prevention
  440  policies and procedures that address prioritized risks and limit
  441  the following:
  442         (I)Unprotected exposure to pathogens.
  443         (II)Transmission of infections associated with procedures
  444  performed in the center.
  445         (III)Transmission of infections associated with the
  446  center’s use of medical equipment, devices, and supplies.
  447         3.Health and safety requirements, including:
  448         a.Being structurally sound, in good repair, clean, and
  449  free from health and safety hazards, including grounds,
  450  buildings, furniture, appliances, and equipment.
  451         b.Having evacuation procedures in case of the event of an
  452  emergency, which shall include provisions for the evacuation of
  453  disabled patients and employees.
  454         c.Having a written facility-specific disaster plan setting
  455  forth actions to be taken in the event of center closure due to
  456  unforeseen disasters and which shall include provisions for the
  457  protection of medical records and any controlled substances.
  458         d.Having at least one employee on the premises during
  459  patient care hours who is certified in basic life support and is
  460  trained in reacting to accidents and medical emergencies until
  461  emergency medical personnel arrive.
  462         (d)The designated physician of an office surgery center is
  463  responsible for ensuring the center complies with the following
  464  quality assurance requirements:
  465         1.The center shall maintain an ongoing quality assurance
  466  program that objectively and systematically monitors and
  467  evaluates the quality and appropriateness of patient care,
  468  evaluates methods to improve patient care, identifies and
  469  corrects deficiencies within the facility, alerts the designated
  470  physician to identify and resolve recurring problems, and
  471  provides for opportunities to improve the facility’s performance
  472  and to enhance and improve the quality of care provided to the
  473  public.
  474         2.The designated physician shall establish a quality
  475  assurance program that includes the following components:
  476         a.Identification, investigation, and analysis of the
  477  frequency and causes of adverse incidents.
  478         b.Identification of trends or patterns of adverse
  479  incidents.
  480         c.Development of measures to correct, reduce, minimize, or
  481  eliminate the risk of adverse incidents to patients.
  482         d.Documentation of the functions provided in this
  483  subparagraph and periodic review no less than quarterly of such
  484  information by the designated physician.
  485         (e)The designated physician for each office surgery center
  486  shall report all adverse incidents to the department as set
  487  forth in s. 458.351.
  488  
  489  This section does not excuse a physician from providing any
  490  treatment or performing any medical duty without the proper
  491  equipment and materials as required by the standard of care or
  492  rules adopted by the board. This section does not supersede the
  493  level of care, skill, and treatment recognized in general law
  494  related to health care licensure.
  495         (4)INSPECTION.—
  496         (a)The department shall inspect each office surgery center
  497  annually, including a review of the patient records, to ensure
  498  that it complies with this section and the rules of the board
  499  adopted pursuant to subsection (5) unless the center is
  500  accredited by a nationally recognized accrediting agency or an
  501  accrediting organization approved by the board.
  502         (b)The actual costs for inspection or accreditation shall
  503  be paid by the person seeking to register and operate the office
  504  center in which office surgery is performed.
  505         (c)During an onsite inspection, the department shall make
  506  a reasonable attempt to discuss each violation with the owner or
  507  designated physician of the office surgery center before issuing
  508  a formal written notification.
  509         (d)Any action taken to correct a violation shall be
  510  documented in writing by the owner or designated physician of
  511  the office surgery center and verified by follow-up inspections
  512  by department personnel.
  513         (5)RULEMAKING.—The board shall adopt rules:
  514         (a)Necessary to administer the registration and inspection
  515  of office surgery centers which establish the specific
  516  requirements, procedures, forms, and fees.
  517         (b)Setting forth training requirements for all facility
  518  health care practitioners who are not regulated by another
  519  board.
  520         (6)PENALTIES; ENFORCEMENT.—
  521         (a)The department may impose an administrative fine on an
  522  office surgery center of up to $5,000 per violation for
  523  violating the requirements of this section; chapter 499, the
  524  Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
  525  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
  526  the Comprehensive Drug Abuse Prevention and Control Act; chapter
  527  893, the Florida Comprehensive Drug Abuse Prevention and Control
  528  Act; or the rules of the department.
  529         (b)In determining whether a penalty is to be imposed upon
  530  a center, and in determining the amount of the fine, the
  531  department shall consider the following factors:
  532         1.The gravity of the violation, including the probability
  533  that death or serious physical or emotional harm to a patient
  534  has resulted, or could have resulted, from the center’s actions
  535  or the actions of the physician; the severity of the action or
  536  potential harm; and the extent to which the applicable laws or
  537  rules were violated.
  538         2.What actions, if any, the owner or designated physician
  539  took to correct the violation.
  540         3.Whether there were any previous violations at the
  541  center.
  542         4.The financial benefits that the center derived from
  543  committing or continuing to commit the violation.
  544         (c)Each day a violation continues after the date fixed for
  545  termination of the violation as ordered by the department
  546  constitutes an additional, separate, and distinct violation.
  547         (d)The department may impose a fine and, in the case of an
  548  owner-operated office surgery center, revoke or deny a center’s
  549  registration if the center’s designated physician knowingly and
  550  intentionally misrepresents actions taken to correct a
  551  violation.
  552         (e)An owner or designated physician of an office surgery
  553  center who concurrently operates an unregistered center is
  554  subject to an administrative fine of $5,000 per day.
  555         (f)If the new owner of an office surgery center that
  556  requires registration fails to apply to register the center upon
  557  a change of ownership and operates the center under the new
  558  ownership, the new owner is subject to a fine of $10,000.
  559         Section 6. Subsection (2) of section 459.005, Florida
  560  Statutes, is amended to read:
  561         459.005 Rulemaking authority.—
  562         (2)A physician who performs liposuction procedures in
  563  which more than 1,000 cubic centimeters of supernatant fat is
  564  removed, level 2 procedures lasting more than 5 minutes, and all
  565  level 3 surgical procedures in an office setting must register
  566  the office with the department unless that office is licensed as
  567  a facility under chapter 395. The department shall inspect the
  568  physician’s office annually unless the office is accredited by a
  569  nationally recognized accrediting agency or an accrediting
  570  organization subsequently approved by the Board of Osteopathic
  571  Medicine. The actual costs for registration and inspection or
  572  accreditation shall be paid by the person seeking to register
  573  and operate the office setting in which office surgery is
  574  performed.
  575         Section 7. Section 459.0138, Florida Statutes, is created
  576  to read:
  577         459.0138Office surgery centers.-
  578         (1)DEFINITIONS.—As used in this section, the term:
  579         (a)“Designated physician” means a physician licensed under
  580  this chapter or chapter 458 who practices at the office surgery
  581  center location for which the physician has assumed
  582  responsibility for complying with all requirements in this
  583  section and related rules of the board.
  584         (b)“Office surgery center” means any facility where a
  585  physician performs liposuction procedures in which more than
  586  1,000 cubic centimeters of supernatant fat are removed, level 2
  587  procedures lasting more than 5 minutes, and all level 3 surgical
  588  procedures in an office setting, or any facility in which
  589  surgery is performed outside of any facility licensed under
  590  chapter 390 or chapter 395.
  591         (2)REGISTRATION.—
  592         (a)An office surgery center must register with the
  593  department unless the center is:
  594         1.Licensed as a facility pursuant to chapter 395; or
  595         2.Affiliated with an accredited medical school at which
  596  training is provided for medical students, residents, or
  597  fellows.
  598         (b)Office surgery center locations shall be registered
  599  separately regardless of whether the center is operated under
  600  the same business name or management as another center. The
  601  actual costs for registration shall be paid by the person
  602  seeking to register and operate the office surgery center in
  603  which office surgery is performed.
  604         (c)As a part of registration, an office surgery center
  605  must have a designated physician. Within 10 days after
  606  termination of a designated physician, the center must notify
  607  the department of the identity of another designated physician
  608  for that center. Failing to have a designated physician
  609  practicing at the location of the registered center may result
  610  in the suspension of the center’s certificate of registration,
  611  as described in s. 456.073(8) or agency action under s.
  612  120.60(6).
  613         (d)The department shall deny registration to an office
  614  surgery center that is:
  615         1.Not fully owned by a physician licensed under this
  616  chapter or chapter 458 or a group of physicians licensed under
  617  this chapter or chapter 458;
  618         2.Not a health care center licensed under part X of
  619  chapter 400; or
  620         3.Owned by or in any contractual or employment
  621  relationship with a physician licensed under this chapter or
  622  chapter 458 who:
  623         a.Had hospital privileges revoked in the last 5 years.
  624         b.Does not have a clear and active license with the
  625  department; or
  626         c.Had a license disciplined by the department or another
  627  jurisdiction in the last 5 years for an offense related to
  628  standard of care.
  629         (e)If the department finds that an office surgery center
  630  does not meet the requirements of paragraph (c) or is owned,
  631  directly or indirectly, by a person meeting criteria listed in
  632  paragraph (d), the department shall revoke the certificate of
  633  registration previously issued by the department.
  634         (f)The department may revoke an office surgery center’s
  635  certificate of registration and prohibit all physicians
  636  associated with the center from practicing at that location
  637  based upon an annual inspection and evaluation of the factors
  638  described in subsection (4).
  639         (g)If the certificate of registration is revoked or
  640  suspended, the designated physician of the center, the owner or
  641  lessor of the center property, the manager, and the proprietor
  642  shall:
  643         1.Cease to operate the facility as an office surgery
  644  center as of the effective date of the suspension or revocation.
  645         2.Remove any signs and symbols identifying the premises as
  646  an office surgery center.
  647         (h)Upon the effective date of the suspension or
  648  revocation, the designated physician of the office surgery
  649  center shall advise the department of the disposition of the
  650  medicinal drugs located on the premises. Such disposition is
  651  subject to the supervision and approval of the department.
  652  Medicinal drugs that are purchased or held by a center that is
  653  not registered may be deemed adulterated pursuant to s. 499.006.
  654         (i)If the office surgery center’s registration is revoked,
  655  any person named in the registration documents of the center,
  656  including persons owning or operating the center, may not, as an
  657  individual or as a part of a group, apply to operate an office
  658  surgery center for 5 years after the date the registration is
  659  revoked.
  660         (j)The period of suspension for the registration of an
  661  office surgery center shall be prescribed by the department, but
  662  may not exceed 2 years.
  663         (k)A change of ownership of a registered office surgery
  664  center requires submission of a new registration application. An
  665  office surgery registration may not be transferred.
  666         (3)PHYSICIAN RESPONSIBILITIES.—These responsibilities
  667  apply to any physician who provides professional services in an
  668  office surgery center that is required to register with the
  669  department in subsection (2).
  670         (a)1.A physician may not practice medicine in an office
  671  surgery center, as described in subsection (5), if the office
  672  surgery center is not registered with the department as required
  673  by this section. A physician who violates this paragraph is
  674  subject to disciplinary action by his or her appropriate medical
  675  regulatory board.
  676         2.Surgical procedures performed in an office surgery
  677  center may not include any procedure that may result in blood
  678  loss of more than 10 percent of estimated blood volume in a
  679  patient with a normal hemoglobin level; require major or
  680  prolonged intracranial, intrathoracic, abdominal, or major joint
  681  replacement procedures, except for laparoscopic procedures;
  682  involve major blood vessels when such procedure is performed
  683  with direct visualization by open exposure of the major vessel,
  684  except for percutaneous endovascular intervention; or are
  685  generally emergent or life-threatening in nature.
  686         (b)The designated physician of an office surgery center
  687  shall notify the applicable board in writing of the date of
  688  termination of employment within 10 days after terminating his
  689  or her employment with a center registered under subsection (2).
  690  Each physician practicing in an office surgery center shall
  691  notify the board, in writing, within 10 calendar days after
  692  beginning or ending his or her practice at an office surgery
  693  center.
  694         (c)Each physician practicing in an office surgery center
  695  is responsible for ensuring compliance with the following:
  696         1.Facility and physical operations requirements,
  697  including:
  698         a.An office surgery center that is located and operated at
  699  a publicly accessible, fixed location.
  700         b.The public display of a visible printed sign that
  701  clearly identifies the name, hours of operations, and street
  702  address of the center.
  703         c.Maintaining a publicly listed telephone number and other
  704  methods of communication available to the public.
  705         d.Emergency lighting and communications.
  706         e.A reception and waiting area.
  707         f.A restroom.
  708         g.An administrative area, including room for storage of
  709  medical records, supplies, and equipment.
  710         h.Private patient examination rooms.
  711         i.Treatment rooms, if treatment is being provided to the
  712  patients.
  713         j.The public display of a visible printed sign located in
  714  a conspicuous place in the waiting room with the name and
  715  contact information of the center’s designated physician and the
  716  names of all physicians practicing in the center.
  717         k.Compliance with ss. 499.0121 and 893.07, if the center
  718  stores and dispenses prescription drugs.
  719         2.Infection control requirements, including:
  720         a.The maintenance of equipment and supplies to support
  721  infection prevention and control.
  722         b.The identification of infection risks that shall be
  723  based on the following:
  724         (I)Geographic location, community, and population served.
  725         (II)The provided care, treatment, and services.
  726         (III)An analysis of its infection surveillance and control
  727  data.
  728         c.Center maintenance of written infection prevention
  729  policies and procedures that address prioritized risks and limit
  730  the following:
  731         (I)Unprotected exposure to pathogens.
  732         (II)Transmission of infections associated with procedures
  733  performed in the center.
  734         (III)Transmission of infections associated with the
  735  center’s use of medical equipment, devices, and supplies.
  736         3.Health and safety requirements, including:
  737         a.Being structurally sound, in good repair, clean, and
  738  free from health and safety hazards, including grounds,
  739  buildings, furniture, appliances, and equipment.
  740         b.Having evacuation procedures in case of the event of an
  741  emergency, which shall include provisions for the evacuation of
  742  disabled patients and employees.
  743         c.Having a written facility-specific disaster plan setting
  744  forth actions to be taken in the event of center closure due to
  745  unforeseen disasters and which shall include provisions for the
  746  protection of medical records and any controlled substances.
  747         d.Having at least one employee on the premises during
  748  patient care hours who is certified in basic life support and is
  749  trained in reacting to accidents and medical emergencies until
  750  emergency medical personnel arrive.
  751         (d)The designated physician of an office surgery center is
  752  responsible for ensuring the center complies with the following
  753  quality assurance requirements:
  754         1.The center shall maintain an ongoing quality assurance
  755  program that objectively and systematically monitors and
  756  evaluates the quality and appropriateness of patient care,
  757  evaluates methods to improve patient care, identifies and
  758  corrects deficiencies within the facility, alerts the designated
  759  physician to identify and resolve recurring problems, and
  760  provides for opportunities to improve the facility’s performance
  761  and to enhance and improve the quality of care provided to the
  762  public.
  763         2.The designated physician shall establish a quality
  764  assurance program that includes the following components:
  765         a.Identification, investigation, and analysis of the
  766  frequency and causes of adverse incidents.
  767         b.Identification of trends or patterns of adverse
  768  incidents.
  769         c.Development of measures to correct, reduce, minimize, or
  770  eliminate the risk of adverse incidents to patients.
  771         d.Documentation of the functions provided in this
  772  subparagraph and periodic review no less than quarterly of such
  773  information by the designated physician.
  774         (e)The designated physician for each office surgery center
  775  shall report all adverse incidents to the department as set
  776  forth in s. 458.351.
  777  
  778  This section does not excuse a physician from providing any
  779  treatment or performing any medical duty without the proper
  780  equipment and materials as required by the standard of care or
  781  rules adopted by the board. This section does not supersede the
  782  level of care, skill, and treatment recognized in general law
  783  related to health care licensure.
  784         (4)INSPECTION.—
  785         (a)The department shall inspect each office surgery center
  786  annually, including a review of the patient records, to ensure
  787  that it complies with this section and the rules of the board
  788  adopted pursuant to subsection (5) unless the center is
  789  accredited by a nationally recognized accrediting agency or an
  790  accrediting organization approved by the board.
  791         (b)The actual costs for inspection or accreditation shall
  792  be paid by the person seeking to register and operate the office
  793  center in which office surgery is performed.
  794         (c)During an onsite inspection, the department shall make
  795  a reasonable attempt to discuss each violation with the owner or
  796  designated physician of the office surgery center before issuing
  797  a formal written notification.
  798         (d)Any action taken to correct a violation shall be
  799  documented in writing by the owner or designated physician of
  800  the office surgery center and verified by follow-up inspections
  801  by department personnel.
  802         (5)RULEMAKING.—The board shall adopt rules:
  803         (a)Necessary to administer the registration and inspection
  804  of office surgery centers which establish the specific
  805  requirements, procedures, forms, and fees.
  806         (b)Setting forth training requirements for all facility
  807  health care practitioners who are not regulated by another
  808  board.
  809         (6)PENALTIES; ENFORCEMENT.—
  810         (a)The department may impose an administrative fine on an
  811  office surgery center of up to $5,000 per violation for
  812  violating the requirements of this section; chapter 499, the
  813  Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
  814  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
  815  the Comprehensive Drug Abuse Prevention and Control Act; chapter
  816  893, the Florida Comprehensive Drug Abuse Prevention and Control
  817  Act; or the rules of the department.
  818         (b)In determining whether a penalty is to be imposed upon
  819  a center, and in determining the amount of the fine, the
  820  department shall consider the following factors:
  821         1.The gravity of the violation, including the probability
  822  that death or serious physical or emotional harm to a patient
  823  has resulted, or could have resulted, from the center’s actions
  824  or the actions of the physician; the severity of the action or
  825  potential harm; and the extent to which the applicable laws or
  826  rules were violated.
  827         2.What actions, if any, the owner or designated physician
  828  took to correct the violation.
  829         3.Whether there were any previous violations at the
  830  center.
  831         4.The financial benefits that the center derived from
  832  committing or continuing to commit the violation.
  833         (c)Each day a violation continues after the date fixed for
  834  termination of the violation as ordered by the department
  835  constitutes an additional, separate, and distinct violation.
  836         (d)The department may impose a fine and, in the case of an
  837  owner-operated office surgery center, revoke or deny a center’s
  838  registration if the center’s designated physician knowingly and
  839  intentionally misrepresents actions taken to correct a
  840  violation.
  841         (e)An owner or designated physician of an office surgery
  842  center who concurrently operates an unregistered center is
  843  subject to an administrative fine of $5,000 per day.
  844         (f)If the new owner of an office surgery center that
  845  requires registration fails to apply to register the center upon
  846  a change of ownership and operates the center under the new
  847  ownership, the new owner is subject to a fine of $10,000.
  848         Section 8. Section 460.4166, Florida Statutes, is repealed.
  849         Section 9. Section 463.006, Florida Statutes, is amended to
  850  read:
  851         463.006 Licensure and certification by examination.—
  852         (1) Any person desiring to be a licensed practitioner
  853  pursuant to this chapter shall apply to the department to take
  854  the licensure and certification examinations. The department
  855  shall license examine each applicant who the board determines
  856  has:
  857         (a) Completed the application forms as required by the
  858  board, remitted an application fee for certification not to
  859  exceed $250, remitted an examination fee for certification not
  860  to exceed $250, and remitted a an examination fee for licensure
  861  not to exceed $325, all as set by the board.
  862         (b) Submitted proof satisfactory to the department that she
  863  or he:
  864         1. Is at least 18 years of age.
  865         2. Has graduated from an accredited school or college of
  866  optometry approved by rule of the board.
  867         3.Is of good moral character.
  868         3.4. Has successfully completed at least 110 hours of
  869  transcript-quality coursework and clinical training in general
  870  and ocular pharmacology as determined by the board, at an
  871  institution that:
  872         a. Has facilities for both didactic and clinical
  873  instructions in pharmacology; and
  874         b. Is accredited by a regional or professional accrediting
  875  organization that is recognized and approved by the Commission
  876  on Recognition of Postsecondary Accreditation or the United
  877  States Department of Education.
  878         4.5. Has completed at least 1 year of supervised experience
  879  in differential diagnosis of eye disease or disorders as part of
  880  the optometric training or in a clinical setting as part of the
  881  optometric experience.
  882         5.Has obtained a passing score, as established by rule of
  883  the board, on the licensure examination of the National Board of
  884  Examiners in Optometry or a similar nationally recognized
  885  examination approved by the board.
  886         (2)The examination shall consist of the appropriate
  887  subjects, including applicable state laws and rules and general
  888  and ocular pharmacology with emphasis on the use and side
  889  effects of ocular pharmaceutical agents. The board may by rule
  890  substitute a national examination as part or all of the
  891  examination and may by rule offer a practical examination in
  892  addition to the written examination.
  893         (2)(3) Each applicant who successfully passes the
  894  examination and otherwise meets the requirements of this chapter
  895  is entitled to be licensed as a practitioner and to be certified
  896  to administer and prescribe ocular pharmaceutical agents in the
  897  diagnosis and treatment of ocular conditions.
  898         Section 10. Section 463.0061, Florida Statutes, is created
  899  to read:
  900         463.0061Licensure by endorsement; requirements; fees.—
  901         (1)Any person desiring to be a licensed practitioner
  902  pursuant to this chapter shall apply to the department. The
  903  department shall issue a license by endorsement to any applicant
  904  who, upon applying to the department on forms furnished by the
  905  department and remitting a nonrefundable application fee set by
  906  the board not to exceed $250 and a licensure fee not to exceed
  907  $325, the board certifies:
  908         (a)Has graduated from an accredited school or college of
  909  optometry accredited by a regional or professional accrediting
  910  organization that is recognized and approved by the Commission
  911  on Recognition of Postsecondary Accreditation or the United
  912  States Department of Education.
  913         (b)Has obtained an overall passing score, as established
  914  by rule of the board, on the licensure examination of the
  915  National Board of Examiners in Optometry or a similar nationally
  916  recognized examination approved by the board.
  917         (c)Has submitted evidence of an active, licensed practice
  918  of optometry in another jurisdiction, for at least 5 of the
  919  immediately preceding 7 years, or evidence of successful
  920  completion of a board-approved clinical competency examination
  921  within the year preceding the filing of an application for
  922  licensure. For purposes of this paragraph, “active licensed
  923  practice of optometry” means the practice of optometry by
  924  optometrists, including those employed by any federal or state
  925  governmental entity in community or public health.
  926         (d)Has successfully completed the clinical skills portion
  927  of the examination developed by the National Board of Examiners
  928  in Optometry. In addition to an overall passing score on the
  929  clinical skills portion, an applicant must obtain a score of 75
  930  percent or better on each of the biomicroscopy, binocular
  931  indirect ophthalmoscopy, and dilated biomicroscopy and
  932  noncontact fundus lens evaluation skills individually.
  933         (e)Has successfully completed a written examination on
  934  applicable general laws and rules governing the practice of
  935  optometry.
  936         (f)Has obtained a passing score on either the Treatment
  937  and Management of Ocular Disease examination in the Patient
  938  Assessment and Management portion of the examination developed
  939  by the National Board of Examiners in Optometry or the stand
  940  alone Treatment and Management of Ocular Disease examination
  941  developed by the National Board of Examiners in Optometry.
  942         (2)The applicant shall submit evidence of completing a
  943  total of at least 30 hours of board-approved continuing
  944  education for the 2 calendar years immediately preceding
  945  application.
  946         (3)The department shall not issue a license by endorsement
  947  to any applicant who is under investigation in any jurisdiction
  948  for an act or offense which would constitute a violation of this
  949  chapter until such time as the investigation is complete, at
  950  which time the provisions of s. 463.016 shall apply.
  951  Furthermore, the department may not issue an unrestricted
  952  license to any individual who has committed any act or offense
  953  in any jurisdiction constituting the basis for disciplining an
  954  optometrist pursuant to s. 463.016. If the board finds that an
  955  individual has committed an act or offense constituting the
  956  basis for disciplining an optometrist pursuant to s. 463.016,
  957  the board may enter an order imposing one or more of the terms
  958  set forth in subsection (4).
  959         (4)If the board determines that an applicant for licensure
  960  by endorsement has failed to satisfy the appropriate
  961  requirements in this section, it may enter an order that
  962  requires one or more of the following actions:
  963         (a)A refusal to certify to the department an application
  964  for licensure or certification;
  965         (b)A certification to the department of an application for
  966  licensure or certification with restrictions on the scope of
  967  practice of the licensee; or
  968         (c)A certification to the department of an application for
  969  licensure or certification with a probationary period subject to
  970  conditions specified by the board, including, but not limited
  971  to, requiring the optometrist to submit to treatment, attend
  972  continuing education courses, submit to reexamination, or work
  973  under the supervision of another licensed optometrist.
  974         Section 11. Section 464.006, Florida Statutes, is amended
  975  to read:
  976         464.006 Rulemaking authority.—The board may has authority
  977  to adopt rules pursuant to ss. 120.536(1) and 120.54 to
  978  implement the provisions of this part conferring duties upon it
  979  and establish standards of care.
  980         Section 12. Section 464.202, Florida Statutes, is amended
  981  to read:
  982         464.202 Duties and powers of the board.—The board shall
  983  maintain, or contract with or approve another entity to
  984  maintain, a state registry of certified nursing assistants. The
  985  registry must consist of the name of each certified nursing
  986  assistant in this state; other identifying information defined
  987  by board rule; certification status; the effective date of
  988  certification; other information required by state or federal
  989  law; information regarding any crime or any abuse, neglect, or
  990  exploitation as provided under chapter 435; and any disciplinary
  991  action taken against the certified nursing assistant. The
  992  registry shall be accessible to the public, the
  993  certificateholder, employers, and other state agencies. The
  994  board shall adopt by rule testing procedures for use in
  995  certifying nursing assistants and shall adopt rules regulating
  996  the practice of certified nursing assistants, including
  997  discipline and establishing standards of care, and specifying
  998  the scope of practice authorized and the level of supervision
  999  required for the practice of certified nursing assistants. The
 1000  board may contract with or approve another entity or
 1001  organization to provide the examination services, including the
 1002  development and administration of examinations. The board shall
 1003  require that the contract provider offer certified nursing
 1004  assistant applications via the Internet, and may require the
 1005  contract provider to accept certified nursing assistant
 1006  applications for processing via the Internet. The board shall
 1007  require the contract provider to provide the preliminary results
 1008  of the certified nursing examination on the date the test is
 1009  administered. The provider shall pay all reasonable costs and
 1010  expenses incurred by the board in evaluating the provider’s
 1011  application and performance during the delivery of services,
 1012  including examination services and procedures for maintaining
 1013  the certified nursing assistant registry.
 1014         Section 13. Paragraph (c) of subsection (1) of section
 1015  464.203, Florida Statutes, is amended to read:
 1016         464.203 Certified nursing assistants; certification
 1017  requirement.—
 1018         (1) The board shall issue a certificate to practice as a
 1019  certified nursing assistant to any person who demonstrates a
 1020  minimum competency to read and write and successfully passes the
 1021  required background screening pursuant to s. 400.215. If the
 1022  person has successfully passed the required background screening
 1023  pursuant to s. 400.215 or s. 408.809 within 90 days before
 1024  applying for a certificate to practice and the person’s
 1025  background screening results are not retained in the
 1026  clearinghouse created under s. 435.12, the board shall waive the
 1027  requirement that the applicant successfully pass an additional
 1028  background screening pursuant to s. 400.215. The person must
 1029  also meet one of the following requirements:
 1030         (c) Is currently certified in another state or territory or
 1031  the District of Columbia; is listed on that state’s certified
 1032  nursing assistant registry; and has not been found to have
 1033  committed abuse, neglect, or exploitation in that state.
 1034         Section 14. Subsection (1) of section 464.204, Florida
 1035  Statutes, is amended to read:
 1036         464.204 Denial, suspension, or revocation of certification;
 1037  disciplinary actions.—
 1038         (1) The following acts constitute grounds for which the
 1039  board may impose disciplinary sanctions as specified in
 1040  subsection (2):
 1041         (a) Obtaining or attempting to obtain certification or an
 1042  exemption, or possessing or attempting to possess certification
 1043  or a letter of exemption, by bribery, misrepresentation, deceit,
 1044  or through an error of the board.
 1045         (b) Intentionally Violating any provision of this chapter,
 1046  chapter 456, or the rules adopted by the board.
 1047         Section 15. Subsection (7) is added to section 465.019,
 1048  Florida Statutes, to read:
 1049         465.019 Institutional pharmacies; permits.—
 1050         (7)An institutional pharmacy must pass an onsite
 1051  inspection by the department as a prerequisite to the issuance
 1052  of an initial permit or a permit for a change of location. The
 1053  inspection must be completed within 90 days before the issuance
 1054  of the permit.
 1055         Section 16. Section 465.0193, Florida Statutes, is amended
 1056  to read:
 1057         465.0193 Nuclear pharmacy permits.—Any person desiring a
 1058  permit to operate a nuclear pharmacy shall apply to the
 1059  department. If the board certifies that the application complies
 1060  with applicable law, the department shall issue the permit. No
 1061  permit shall be issued unless a duly licensed and qualified
 1062  nuclear pharmacist is designated as being responsible for
 1063  activities described in s. 465.0126. A nuclear pharmacy must
 1064  pass an onsite inspection by the department as a prerequisite to
 1065  the issuance of an initial permit or a permit for a change of
 1066  location. The inspection must be completed within 90 days before
 1067  the issuance of the permit. The permittee shall notify the
 1068  department within 10 days of any change of the licensed
 1069  pharmacist responsible for the compounding and dispensing of
 1070  nuclear pharmaceuticals.
 1071         Section 17. Section 465.0195, Florida Statutes, is created
 1072  to read:
 1073         465.0195Pharmacy or outsourcing facility; sterile
 1074  compounding permit.—Before a pharmacy or outsourcing facility
 1075  located in this state dispenses, creates, delivers, ships, or
 1076  mails, in any manner, a compounded sterile product, the pharmacy
 1077  or outsourcing facility must hold a sterile compounding permit.
 1078         (1)An application for a sterile compounding permit shall
 1079  be submitted on a form furnished by the board. The board may
 1080  require such information as it deems reasonably necessary to
 1081  carry out the purposes of this section.
 1082         (2)If the board certifies that the application complies
 1083  with applicable laws and rules of the board governing
 1084  pharmacies, the department shall issue the permit.
 1085         (3)A pharmacy or outsourcing facility must pass an onsite
 1086  inspection by the department as a prerequisite to the issuance
 1087  of an initial permit or a permit for a change of location. The
 1088  inspection must be completed within 90 days before the issuance
 1089  of the permit. The board may adopt by rule standards for
 1090  conducting an onsite inspection for issuance of a sterile
 1091  compounding permit.
 1092         (4)A permit may not be issued unless a licensed pharmacist
 1093  is designated to undertake the professional supervision of the
 1094  compounding and dispensing of all drugs dispensed by the
 1095  permittee.
 1096         (5)A permittee must notify the department within 10 days
 1097  after any change of the licensed pharmacist under subsection
 1098  (4). Each permittee that employs or otherwise uses registered
 1099  pharmacy technicians shall have a written policy and procedures
 1100  manual specifying those duties, tasks, and functions that a
 1101  registered pharmacy technician is authorized to perform.
 1102         (6)The board may adopt by rule standards of practice for
 1103  sterile compounding. In adopting such rules, the board shall
 1104  give due consideration to the standards and requirements
 1105  provided in chapter 797 of the United States Pharmacopeia, or
 1106  other professionally accepted standards deemed authoritative by
 1107  the board. In adopting such rules for an outsourcing facility,
 1108  the board shall consider the standards and requirements of
 1109  current good manufacturing practices as set forth by federal law
 1110  and any other professionally accepted standards deemed
 1111  authoritative by the board.
 1112         (7)All provisions relating to pharmacy permits found in
 1113  ss. 465.022 and 465.023 apply to permits issued pursuant to this
 1114  section.
 1115         Section 18. Section 465.0196, Florida Statutes, is amended
 1116  to read:
 1117         465.0196 Special pharmacy permits.—Any person desiring a
 1118  permit to operate a special pharmacy shall apply to the
 1119  department for a special pharmacy permit. If the board certifies
 1120  that the application complies with the applicable laws and rules
 1121  of the board governing the practice of the profession of
 1122  pharmacy, the department shall issue the permit. A special
 1123  pharmacy must pass an onsite inspection by the department as a
 1124  prerequisite to the issuance of an initial permit or a permit
 1125  for a change of location. The inspection must be completed
 1126  within 90 days before the issuance of the permit. A permit may
 1127  not be issued unless a licensed pharmacist is designated to
 1128  undertake the professional supervision of the compounding and
 1129  dispensing of all drugs dispensed by the pharmacy. The licensed
 1130  pharmacist shall be responsible for maintaining all drug records
 1131  and for providing for the security of the area in the facility
 1132  in which the compounding, storing, and dispensing of medicinal
 1133  drugs occurs. The permittee shall notify the department within
 1134  10 days after any change of the licensed pharmacist responsible
 1135  for such duties. Each permittee that employs or otherwise uses
 1136  registered pharmacy technicians shall have a written policy and
 1137  procedures manual specifying those duties, tasks, and functions
 1138  that a registered pharmacy technician is allowed to perform.
 1139         Section 19. Subsection (2) of section 465.0197, Florida
 1140  Statutes, is amended to read:
 1141         465.0197 Internet pharmacy permits.—
 1142         (2) An Internet pharmacy must obtain a permit under this
 1143  section to sell medicinal drugs to persons in this state. An
 1144  Internet pharmacy must pass an onsite inspection by the
 1145  department as a prerequisite to the issuance of an initial
 1146  permit or a permit for a change of location. The inspection must
 1147  be completed within 90 days before the issuance of the permit.
 1148         Section 20. Subsection (4) of section 466.006, Florida
 1149  Statutes, is amended to read:
 1150         466.006 Examination of dentists.—
 1151         (4) Notwithstanding any other provision of law in chapter
 1152  456 pertaining to the clinical dental licensure examination or
 1153  national examinations, to be licensed as a dentist in this
 1154  state, an applicant must successfully complete the following:
 1155         (a) A written examination on the laws and rules of the
 1156  state regulating the practice of dentistry;
 1157         (b)1. A practical or clinical examination, which shall be
 1158  the American Dental Licensing Examination produced by the
 1159  American Board of Dental Examiners, Inc., or its successor
 1160  entity, if any, that is administered in this state and graded by
 1161  dentists licensed in this state and employed by the department
 1162  for just such purpose, provided that the board has attained, and
 1163  continues to maintain thereafter, representation on the board of
 1164  directors of the American Board of Dental Examiners, the
 1165  examination development committee of the American Board of
 1166  Dental Examiners, and such other committees of the American
 1167  Board of Dental Examiners as the board deems appropriate by rule
 1168  to assure that the standards established herein are maintained
 1169  organizationally. A passing score on the American Dental
 1170  Licensing Examination administered in this state and graded by
 1171  dentists who are licensed in this state is valid for 365 days
 1172  after the date the official examination results are published.
 1173         2.a. As an alternative to the requirements of subparagraph
 1174  1., an applicant may submit scores from an American Dental
 1175  Licensing Examination previously administered in a jurisdiction
 1176  other than this state after October 1, 2011, and such
 1177  examination results shall be recognized as valid for the purpose
 1178  of licensure in this state. A passing score on the American
 1179  Dental Licensing Examination administered out-of-state shall be
 1180  the same as the passing score for the American Dental Licensing
 1181  Examination administered in this state and graded by dentists
 1182  who are licensed in this state. The examination results are
 1183  valid for 365 days after the date the official examination
 1184  results are published. The applicant must have completed the
 1185  examination after October 1, 2011.
 1186         b. This subparagraph may not be given retroactive
 1187  application.
 1188         3. If the date of an applicant’s passing American Dental
 1189  Licensing Examination scores from an examination previously
 1190  administered in a jurisdiction other than this state under
 1191  subparagraph 2. is older than 365 days, then such scores shall
 1192  nevertheless be recognized as valid for the purpose of licensure
 1193  in this state, but only if the applicant demonstrates that all
 1194  of the following additional standards have been met:
 1195         a.(I) The applicant completed the American Dental Licensing
 1196  Examination after October 1, 2011.
 1197         (II) This sub-subparagraph may not be given retroactive
 1198  application;
 1199         b. The applicant graduated from a dental school accredited
 1200  by the American Dental Association Commission on Dental
 1201  Accreditation or its successor entity, if any, or any other
 1202  dental accrediting organization recognized by the United States
 1203  Department of Education. Provided, however, if the applicant did
 1204  not graduate from such a dental school, the applicant may submit
 1205  proof of having successfully completed a full-time supplemental
 1206  general dentistry program accredited by the American Dental
 1207  Association Commission on Dental Accreditation of at least 2
 1208  consecutive academic years at such accredited sponsoring
 1209  institution. Such program must provide didactic and clinical
 1210  education at the level of a D.D.S. or D.M.D. program accredited
 1211  by the American Dental Association Commission on Dental
 1212  Accreditation;
 1213         c. The applicant currently possesses a valid and active
 1214  dental license in good standing, with no restriction, which has
 1215  never been revoked, suspended, restricted, or otherwise
 1216  disciplined, from another state or territory of the United
 1217  States, the District of Columbia, or the Commonwealth of Puerto
 1218  Rico;
 1219         d. The applicant submits proof that he or she has never
 1220  been reported to the National Practitioner Data Bank, the
 1221  Healthcare Integrity and Protection Data Bank, or the American
 1222  Association of Dental Boards Clearinghouse. This sub
 1223  subparagraph does not apply if the applicant successfully
 1224  appealed to have his or her name removed from the data banks of
 1225  these agencies;
 1226         e.(I) In the 5 years immediately preceding the date of
 1227  application for licensure in this state, the applicant must
 1228  submit proof of having been consecutively engaged in the full
 1229  time practice of dentistry in another state or territory of the
 1230  United States, the District of Columbia, or the Commonwealth of
 1231  Puerto Rico, or, if the applicant has been licensed in another
 1232  state or territory of the United States, the District of
 1233  Columbia, or the Commonwealth of Puerto Rico for less than 5
 1234  years, the applicant must submit proof of having been engaged in
 1235  the full-time practice of dentistry since the date of his or her
 1236  initial licensure.
 1237         (II) As used in this section, “full-time practice” is
 1238  defined as a minimum of 1,200 hours per year for each and every
 1239  year in the consecutive 5-year period or, where applicable, the
 1240  period since initial licensure, and must include any combination
 1241  of the following:
 1242         (A) Active clinical practice of dentistry providing direct
 1243  patient care.
 1244         (B) Full-time practice as a faculty member employed by a
 1245  dental or dental hygiene school approved by the board or
 1246  accredited by the American Dental Association Commission on
 1247  Dental Accreditation.
 1248         (C) Full-time practice as a student at a postgraduate
 1249  dental education program approved by the board or accredited by
 1250  the American Dental Association Commission on Dental
 1251  Accreditation.
 1252         (III) The board shall develop rules to determine what type
 1253  of proof of full-time practice is required and to recoup the
 1254  cost to the board of verifying full-time practice under this
 1255  section. Such proof must, at a minimum, be:
 1256         (A) Admissible as evidence in an administrative proceeding;
 1257         (B) Submitted in writing;
 1258         (C) Submitted by the applicant under oath with penalties of
 1259  perjury attached;
 1260         (D) Further documented by an affidavit of someone unrelated
 1261  to the applicant who is familiar with the applicant’s practice
 1262  and testifies with particularity that the applicant has been
 1263  engaged in full-time practice; and
 1264         (E) Specifically found by the board to be both credible and
 1265  admissible.
 1266         (IV) An affidavit of only the applicant is not acceptable
 1267  proof of full-time practice unless it is further attested to by
 1268  someone unrelated to the applicant who has personal knowledge of
 1269  the applicant’s practice. If the board deems it necessary to
 1270  assess credibility or accuracy, the board may require the
 1271  applicant or the applicant’s witnesses to appear before the
 1272  board and give oral testimony under oath;
 1273         f. The applicant must submit documentation that he or she
 1274  has completed, or will complete, prior to licensure in this
 1275  state, continuing education equivalent to this state’s
 1276  requirements for the last full reporting biennium;
 1277         g. The applicant must prove that he or she has never been
 1278  convicted of, or pled nolo contendere to, regardless of
 1279  adjudication, any felony or misdemeanor related to the practice
 1280  of a health care profession in any jurisdiction;
 1281         h. The applicant must successfully pass a written
 1282  examination on the laws and rules of this state regulating the
 1283  practice of dentistry and must successfully pass the computer
 1284  based diagnostic skills examination; and
 1285         i. The applicant must submit documentation that he or she
 1286  has successfully completed the National Board of Dental
 1287  Examiners dental examination.
 1288         Section 21. Paragraph (b) of subsection (4) and paragraph
 1289  (a) of subsection (6) of section 466.007, Florida Statutes, are
 1290  amended to read:
 1291         466.007 Examination of dental hygienists.—
 1292         (4) Effective July 1, 2012, to be licensed as a dental
 1293  hygienist in this state, an applicant must successfully complete
 1294  the following:
 1295         (b) A practical or clinical examination approved by the
 1296  board. The examination shall be the Dental Hygiene Examination
 1297  produced by the American Board of Dental Examiners, Inc. (ADEX)
 1298  or its successor entity, if any, if the board finds that the
 1299  successor entity’s clinical examination meets or exceeds the
 1300  provisions of this section. The board shall approve the ADEX
 1301  Dental Hygiene Examination if the board has attained and
 1302  continues to maintain representation on the ADEX House of
 1303  Representatives, the ADEX Dental Hygiene Examination Development
 1304  Committee, and such other ADEX Dental Hygiene committees as the
 1305  board deems appropriate through rulemaking to ensure that the
 1306  standards established in this section are maintained
 1307  organizationally. The ADEX Dental Hygiene Examination or the
 1308  examination produced by its successor entity is a comprehensive
 1309  examination in which an applicant must demonstrate skills within
 1310  the dental hygiene scope of practice on a live patient and any
 1311  other components that the board deems necessary for the
 1312  applicant to successfully demonstrate competency for the purpose
 1313  of licensure. The ADEX Dental Hygiene Examination or the
 1314  examination by the successor entity administered in this state
 1315  shall be graded by dentists and dental hygienists licensed in
 1316  this state who are employed by the department for this purpose.
 1317         (6)(a) A passing score on the ADEX Dental Hygiene
 1318  Examination administered out of state shall be considered the
 1319  same as a passing score for the ADEX Dental Hygiene Examination
 1320  administered in this state and graded by licensed dentists and
 1321  dental hygienists.
 1322         Section 22. Subsections (9) through (15) are added to
 1323  section 466.017, Florida Statutes, to read:
 1324         466.017 Prescription of drugs; anesthesia.—
 1325         (9)Any adverse incident that occurs in an office
 1326  maintained by a dentist must be reported to the department. The
 1327  required notification to the department must be submitted in
 1328  writing by certified mail and postmarked within 48 hours after
 1329  the incident occurs.
 1330         (10)A dentist practicing in this state must notify the
 1331  board in writing by certified mail within 48 hours of any
 1332  mortality or other adverse incident that occurs in the dentist’s
 1333  outpatient facility. A complete written report must be filed
 1334  with the board within 30 days after the mortality or other
 1335  adverse incident.
 1336         (11)For purposes of notification to the department
 1337  pursuant to this section, the term “adverse incident” means any
 1338  mortality that occurs during or as the result of a dental
 1339  procedure, or an incident that results in a temporary or
 1340  permanent physical or mental injury that requires
 1341  hospitalization or emergency room treatment of a dental patient
 1342  which occurred during or as a direct result of the use of
 1343  general anesthesia, deep sedation, conscious sedation, pediatric
 1344  conscious sedation, oral sedation, minimal sedation
 1345  (anxiolysis), nitrous oxide, or local anesthesia.
 1346         (12)Any certified registered dental hygienist
 1347  administering local anesthesia must notify the board, in writing
 1348  by registered mail within 48 hours of any adverse incident that
 1349  was related to or the result of the administration of local
 1350  anesthesia. A complete written report must be filed with the
 1351  board within 30 days after the mortality or other adverse
 1352  incident.
 1353         (13)A failure by the dentist or dental hygienist to timely
 1354  and completely comply with all the reporting requirements in
 1355  this section is the basis for disciplinary action by the board
 1356  pursuant to s. 466.028(1).
 1357         (14)The department shall review each incident and
 1358  determine whether it involved conduct by a health care
 1359  professional subject to disciplinary action, in which case s.
 1360  456.073 applies. Disciplinary action, if any, shall be taken by
 1361  the board under which the health care professional is licensed.
 1362         (15)The board may adopt rules to administer this section.
 1363         Section 23. Sections 466.032, 466.033, 466.034, 466.035,
 1364  466.036, 466.037, 466.038, and 466.039, Florida Statutes, are
 1365  repealed.
 1366         Section 24. Subsection (1) of section 468.701, Florida
 1367  Statutes, is amended to read:
 1368         468.701 Definitions.—As used in this part, the term:
 1369         (1) “Athletic trainer” means a person licensed under this
 1370  part who has met the requirements under this part, including
 1371  education requirements as set forth by the Commission on
 1372  Accreditation of Athletic Training Education or its successor
 1373  and necessary credentials from the Board of Certification. An
 1374  athletic trainer must work within his or her scope of practice
 1375  as established in the rules adopted by the board under s.
 1376  468.705. An individual who is licensed as an athletic trainer
 1377  may not otherwise provide, offer to provide, or represent that
 1378  he or she is qualified to provide any care or services beyond
 1379  his or her scope of practice, or that he or she lacks the
 1380  education, training, or experience to provide, or that he or she
 1381  is otherwise prohibited by law from providing.
 1382         Section 25. Section 468.707, Florida Statutes, is amended
 1383  to read:
 1384         468.707 Licensure requirements.—Any person desiring to be
 1385  licensed as an athletic trainer shall apply to the department on
 1386  a form approved by the department. An applicant shall also
 1387  provide records or other evidence, as determined by the board,
 1388  to prove he or she has met the requirements of this section. The
 1389  department shall license each applicant who:
 1390         (1) Has completed the application form and remitted the
 1391  required fees.
 1392         (2) For a person who applies on or after July 1, 2016, Has
 1393  submitted to background screening pursuant to s. 456.0135. The
 1394  board may require a background screening for an applicant whose
 1395  license has expired or who is undergoing disciplinary action.
 1396         (3)(a) Has obtained a baccalaureate or higher degree from a
 1397  college or university professional athletic training degree
 1398  program accredited by the Commission on Accreditation of
 1399  Athletic Training Education or its successor recognized and
 1400  approved by the United States Department of Education or the
 1401  Commission on Recognition of Postsecondary Accreditation,
 1402  approved by the board, or recognized by the Board of
 1403  Certification, and has passed the national examination to be
 1404  certified by the Board of Certification; or.
 1405         (b)(4)Has obtained, at a minimum, a bachelor’s degree and
 1406  has completed the Board of Certification internship requirements
 1407  and If graduated before 2004, has a current certification from
 1408  the Board of Certification.
 1409         (4)(5) Has current certification in both cardiopulmonary
 1410  resuscitation and the use of an automated external defibrillator
 1411  set forth in the continuing education requirements as determined
 1412  by the board pursuant to s. 468.711.
 1413         (5)(6) Has completed any other requirements as determined
 1414  by the department and approved by the board.
 1415         Section 26. Subsection (3) of section 468.711, Florida
 1416  Statutes, is amended to read:
 1417         468.711 Renewal of license; continuing education.—
 1418         (3) If initially licensed after January 1, 1998, the
 1419  licensee must be currently certified by the Board of
 1420  Certification or its successor agency and maintain that
 1421  certification in good standing without lapse.
 1422         Section 27. Subsection (2) of section 468.723, Florida
 1423  Statutes, is amended to read:
 1424         468.723 Exemptions.—This part does not prevent or restrict:
 1425         (2) An athletic training student acting under the direct
 1426  supervision of a licensed athletic trainer. For purposes of this
 1427  subsection, “direct supervision” means the physical presence of
 1428  an athletic trainer so that the athletic trainer is immediately
 1429  available to the athletic training student and able to intervene
 1430  on behalf of the athletic training student. The supervision must
 1431  be in accordance with rules adopted by the board the standards
 1432  set forth by the Commission on Accreditation of Athletic
 1433  Training Education or its successor.
 1434         Section 28. Subsections (1), (3), and (4) of section
 1435  468.803, Florida Statutes, are amended to read:
 1436         468.803 License, registration, and examination
 1437  requirements.—
 1438         (1) The department shall issue a license to practice
 1439  orthotics, prosthetics, or pedorthics, or a registration for a
 1440  resident to practice orthotics or prosthetics, to qualified
 1441  applicants. Licenses shall be granted independently in
 1442  orthotics, prosthetics, or pedorthics, but a person may be
 1443  licensed in more than one such discipline, and a prosthetist
 1444  orthotist license may be granted to persons meeting the
 1445  requirements for both a prosthetist and an orthotist license.
 1446  Registrations shall be granted independently in orthotics or
 1447  prosthetics, and a person may be registered in both fields at
 1448  the same time or jointly in orthotics and prosthetics as a dual
 1449  registration.
 1450         (3) A person seeking to attain the required orthotics or
 1451  prosthetics experience in this state must be approved by the
 1452  board and registered as a resident by the department. Although a
 1453  registration may be held in both practice fields, for
 1454  independent registrations, the board shall not approve a second
 1455  registration until at least 1 year after the issuance of the
 1456  first registration. Notwithstanding subsection (2), an applicant
 1457  for independent registrations who has been approved by the board
 1458  and registered by the department in one practice field may apply
 1459  for registration in the second practice field without an
 1460  additional state or national criminal history check during the
 1461  period in which the first registration is valid. Each
 1462  independent registration or dual registration is valid for 2
 1463  years from the date of issuance unless otherwise revoked by the
 1464  department upon recommendation of the board. The board shall set
 1465  a registration fee not to exceed $500 to be paid by the
 1466  applicant. A registration may be renewed once by the department
 1467  upon recommendation of the board for a period no longer than 1
 1468  year, as such renewal is defined by the board by rule. The
 1469  registration renewal fee shall not exceed one-half the current
 1470  registration fee. To be considered by the board for approval of
 1471  registration as a resident, the applicant must have:
 1472         (a) A Bachelor of Science or higher-level postgraduate
 1473  degree in Orthotics and Prosthetics from a regionally accredited
 1474  college or university recognized by the Commission on
 1475  Accreditation of Allied Health Education Programs or, at a
 1476  minimum, a bachelor’s degree from a regionally accredited
 1477  college or university and a certificate in orthotics from a
 1478  program recognized by the Commission on Accreditation of Allied
 1479  Health Education Programs, or its equivalent, as determined by
 1480  the board; or
 1481         (b) A Bachelor of Science or higher-level postgraduate
 1482  degree in Orthotics and Prosthetics from a regionally accredited
 1483  college or university recognized by the Commission on
 1484  Accreditation of Allied Health Education Programs or, at a
 1485  minimum, a bachelor’s degree from a regionally accredited
 1486  college or university and a certificate in prosthetics from a
 1487  program recognized by the Commission on Accreditation of Allied
 1488  Health Education Programs, or its equivalent, as determined by
 1489  the board; or
 1490         (c)A Bachelor of Science or higher-level postgraduate
 1491  degree in Orthotics and Prosthetics from a regionally accredited
 1492  college or university recognized by the Commission on
 1493  Accreditation of Allied Health Education Programs or, at a
 1494  minimum, a bachelor’s degree from a regionally accredited
 1495  college or university and a dual certificate in both orthotics
 1496  and prosthetics from a program recognized by the Commission on
 1497  Accreditation of Allied Health Education Programs, or its
 1498  equivalent, as determined by the board.
 1499         (4) The department may develop and administer a state
 1500  examination for an orthotist or a prosthetist license, or the
 1501  board may approve the existing examination of a national
 1502  standards organization. The examination must be predicated on a
 1503  minimum of a baccalaureate-level education and formalized
 1504  specialized training in the appropriate field. Each examination
 1505  must demonstrate a minimum level of competence in basic
 1506  scientific knowledge, written problem solving, and practical
 1507  clinical patient management. The board shall require an
 1508  examination fee not to exceed the actual cost to the board in
 1509  developing, administering, and approving the examination, which
 1510  fee must be paid by the applicant. To be considered by the board
 1511  for examination, the applicant must have:
 1512         (a) For an examination in orthotics:
 1513         1. A Bachelor of Science or higher-level postgraduate
 1514  degree in Orthotics and Prosthetics from a regionally accredited
 1515  college or university recognized by the Commission on
 1516  Accreditation of Allied Health Education Programs or, at a
 1517  minimum, a bachelor’s degree from a regionally accredited
 1518  college or university and a certificate in orthotics from a
 1519  program recognized by the Commission on Accreditation of Allied
 1520  Health Education Programs, or its equivalent, as determined by
 1521  the board; and
 1522         2. An approved orthotics internship of 1 year of qualified
 1523  experience, as determined by the board, or an orthotic residency
 1524  program or a dual residency program recognized by the board.
 1525         (b) For an examination in prosthetics:
 1526         1. A Bachelor of Science or higher-level postgraduate
 1527  degree in Orthotics and Prosthetics from a regionally accredited
 1528  college or university recognized by the Commission on
 1529  Accreditation of Allied Health Education Programs or, at a
 1530  minimum, a bachelor’s degree from a regionally accredited
 1531  college or university and a certificate in prosthetics from a
 1532  program recognized by the Commission on Accreditation of Allied
 1533  Health Education Programs, or its equivalent, as determined by
 1534  the board; and
 1535         2. An approved prosthetics internship of 1 year of
 1536  qualified experience, as determined by the board, or a
 1537  prosthetic residency program or dual residency program
 1538  recognized by the board.
 1539         Section 29. Subsection (5) of section 480.033, Florida
 1540  Statutes, is amended to read:
 1541         480.033 Definitions.—As used in this act:
 1542         (5) “Apprentice” means a person approved by the board to
 1543  study colonic irrigation massage under the instruction of a
 1544  licensed massage therapist practicing colonic irrigation.
 1545         Section 30. Subsections (1) and (2) of section 480.041,
 1546  Florida Statutes, are amended, and subsection (8) is added to
 1547  that section, to read:
 1548         480.041 Massage therapists; qualifications; licensure;
 1549  endorsement.—
 1550         (1) Any person is qualified for licensure as a massage
 1551  therapist under this act who:
 1552         (a) Is at least 18 years of age or has received a high
 1553  school diploma or high school equivalency diploma;
 1554         (b) Has completed a course of study at a board-approved
 1555  massage school or has completed an apprenticeship program that
 1556  meets standards adopted by the board; and
 1557         (c) Has received a passing grade on a national an
 1558  examination designated administered by the board department.
 1559         (2) Every person desiring to be examined for licensure as a
 1560  massage therapist shall apply to the department in writing upon
 1561  forms prepared and furnished by the department. Such applicants
 1562  shall be subject to the provisions of s. 480.046(1). Applicants
 1563  may take an examination administered by the department only upon
 1564  meeting the requirements of this section as determined by the
 1565  board.
 1566         (8)A person issued a license as a massage apprentice
 1567  before July 1, 2018, may continue that apprenticeship and
 1568  perform massage therapy as permitted under that license until it
 1569  expires. Upon completion of the apprenticeship, before July 1,
 1570  2021, a massage apprentice may apply to the board for full
 1571  licensure and be granted a license if all other applicable
 1572  licensure requirements are met.
 1573         Section 31. Section 480.042, Florida Statutes, is repealed.
 1574         Section 32. Subsection (3) of section 480.046, Florida
 1575  Statutes, is amended, and subsection (5) is added to that
 1576  section, to read:
 1577         480.046 Grounds for disciplinary action by the board.—
 1578         (3) The board may shall have the power to revoke or suspend
 1579  the license of a massage establishment licensed under this act,
 1580  or to deny subsequent licensure of such an establishment, if the
 1581  establishment is owned by an individual or entity who has had a
 1582  prior establishment license revoked, in either of the following
 1583  cases:
 1584         (a) Upon proof that a license has been obtained by fraud or
 1585  misrepresentation.
 1586         (b) Upon proof that the holder of a license is guilty of
 1587  fraud or deceit or of gross negligence, incompetency, or
 1588  misconduct in the operation of the establishment so licensed.
 1589         (c)Upon proof that the owner of the massage establishment
 1590  or any individual or individuals providing massage therapy
 1591  services within the establishment, in the aggregate or
 1592  individually, have had three convictions of, or pleas of guilty
 1593  or nolo contendere to, or dismissals of a criminal action after
 1594  a successful completion of a pretrial intervention, diversion,
 1595  or substance abuse program for any misdemeanor or felony,
 1596  regardless of adjudication, a crime in any jurisdiction related
 1597  to prostitution and related acts as defined in s. 796.07, which
 1598  occurred at or within the establishment.
 1599         (5)An establishment may not apply for relicensure if
 1600  disciplined under this section unless there is a change in
 1601  ownership.
 1602         Section 33. Section 483.824, Florida Statutes, is amended
 1603  to read:
 1604         483.824 Qualifications of clinical laboratory director.—A
 1605  clinical laboratory director must qualify as a clinical
 1606  laboratory director according to 42 C.F.R. part 493, must be a
 1607  currently licensed laboratory director, have 4 years of clinical
 1608  laboratory experience with 2 years of experience in the
 1609  specialty to be directed or be nationally board certified in the
 1610  specialty to be directed, and must meet one of the following
 1611  requirements:
 1612         (1) Be a physician licensed under chapter 458 or chapter
 1613  459;
 1614         (2) Hold an earned doctoral degree in a chemical, physical,
 1615  or biological science from a regionally accredited institution
 1616  and maintain national certification requirements equal to those
 1617  required by the federal Centers for Medicare and Medicaid
 1618  Services or the federal Health Care Financing Administration; or
 1619         (3) For the subspecialty of oral pathology, be a physician
 1620  licensed under chapter 458 or chapter 459 or a dentist licensed
 1621  under chapter 466. The laboratory director, if qualified, may
 1622  perform the duties of the technical supervisor, clinical
 1623  consultant, general supervisor, and testing personnel, or
 1624  delegate these responsibilities to personnel meeting the
 1625  qualifications under 42 C.F.R. ss. 493.1447, 493.1453, 493.1459,
 1626  and 493.1487.
 1627         Section 34. Subsection (3) of section 490.003, Florida
 1628  Statutes, is amended to read:
 1629         490.003 Definitions.—As used in this chapter:
 1630         (3)(a)Prior to July 1, 1999, “doctoral-level psychological
 1631  education” and “doctoral degree in psychology” mean a Psy.D., an
 1632  Ed.D. in psychology, or a Ph.D. in psychology from:
 1633         1.An educational institution which, at the time the
 1634  applicant was enrolled and graduated, had institutional
 1635  accreditation from an agency recognized and approved by the
 1636  United States Department of Education or was recognized as a
 1637  member in good standing with the Association of Universities and
 1638  Colleges of Canada; and
 1639         2.A psychology program within that educational institution
 1640  which, at the time the applicant was enrolled and graduated, had
 1641  programmatic accreditation from an accrediting agency recognized
 1642  and approved by the United States Department of Education or was
 1643  comparable to such programs.
 1644         (b) Effective July 1, 1999, “doctoral-level psychological
 1645  education” and “doctoral degree in psychology” mean a Psy.D., an
 1646  Ed.D. in psychology, or a Ph.D. in psychology from:
 1647         (a)1. An educational institution that which, at the time
 1648  the applicant was enrolled and graduated, had institutional
 1649  accreditation from an agency recognized and approved by the
 1650  United States Department of Education or was recognized as a
 1651  member in good standing with the Association of Universities and
 1652  Colleges of Canada; and
 1653         (b)2. A psychology program within that educational
 1654  institution which, at the time the applicant was enrolled and
 1655  graduated, had programmatic accreditation from the American
 1656  Psychological Association an agency recognized and approved by
 1657  the United States Department of Education.
 1658         Section 35. Paragraph (b) of subsection (1) and paragraph
 1659  (b) of subsection (2) of section 490.005, Florida Statutes, are
 1660  amended to read:
 1661         490.005 Licensure by examination.—
 1662         (1) Any person desiring to be licensed as a psychologist
 1663  shall apply to the department to take the licensure examination.
 1664  The department shall license each applicant who the board
 1665  certifies has:
 1666         (b) Submitted proof satisfactory to the board that the
 1667  applicant has:
 1668         1. Received doctoral-level psychological education, as
 1669  defined in s. 490.003(3); or
 1670         2. Received the equivalent of a doctoral-level
 1671  psychological education, as defined in s. 490.003(3), from a
 1672  program at a school or university located outside the United
 1673  States of America and Canada, which was officially recognized by
 1674  the government of the country in which it is located as an
 1675  institution or program to train students to practice
 1676  professional psychology. The burden of establishing that the
 1677  requirements of this provision have been met shall be upon the
 1678  applicant;
 1679         3.Received and submitted to the board, prior to July 1,
 1680  1999, certification of an augmented doctoral-level psychological
 1681  education from the program director of a doctoral-level
 1682  psychology program accredited by a programmatic agency
 1683  recognized and approved by the United States Department of
 1684  Education; or
 1685         4.Received and submitted to the board, prior to August 31,
 1686  2001, certification of a doctoral-level program that at the time
 1687  the applicant was enrolled and graduated maintained a standard
 1688  of education and training comparable to the standard of training
 1689  of programs accredited by a programmatic agency recognized and
 1690  approved by the United States Department of Education. Such
 1691  certification of comparability shall be provided by the program
 1692  director of a doctoral-level psychology program accredited by a
 1693  programmatic agency recognized and approved by the United States
 1694  Department of Education.
 1695         (2) Any person desiring to be licensed as a school
 1696  psychologist shall apply to the department to take the licensure
 1697  examination. The department shall license each applicant who the
 1698  department certifies has:
 1699         (b) Submitted satisfactory proof to the department that the
 1700  applicant:
 1701         1. Has received a doctorate, specialist, or equivalent
 1702  degree from a program primarily psychological in nature and has
 1703  completed 60 semester hours or 90 quarter hours of graduate
 1704  study, in areas related to school psychology as defined by rule
 1705  of the department, from a college or university which at the
 1706  time the applicant was enrolled and graduated was accredited by
 1707  an accrediting agency recognized and approved by the Council for
 1708  Higher Education Accreditation, its successor, Commission on
 1709  Recognition of Postsecondary Accreditation or an institution
 1710  which is publicly recognized as a member in good standing with
 1711  the Association of Universities and Colleges of Canada.
 1712         2. Has had a minimum of 3 years of experience in school
 1713  psychology, 2 years of which must be supervised by an individual
 1714  who is a licensed school psychologist or who has otherwise
 1715  qualified as a school psychologist supervisor, by education and
 1716  experience, as set forth by rule of the department. A doctoral
 1717  internship may be applied toward the supervision requirement.
 1718         3. Has passed an examination provided by the department.
 1719         Section 36. Subsection (1) of section 490.006, Florida
 1720  Statutes, is amended to read:
 1721         490.006 Licensure by endorsement.—
 1722         (1) The department shall license a person as a psychologist
 1723  or school psychologist who, upon applying to the department and
 1724  remitting the appropriate fee, demonstrates to the department
 1725  or, in the case of psychologists, to the board that the
 1726  applicant:
 1727         (a)Holds a valid license or certificate in another state
 1728  to practice psychology or school psychology, as applicable,
 1729  provided that, when the applicant secured such license or
 1730  certificate, the requirements were substantially equivalent to
 1731  or more stringent than those set forth in this chapter at that
 1732  time; and, if no Florida law existed at that time, then the
 1733  requirements in the other state must have been substantially
 1734  equivalent to or more stringent than those set forth in this
 1735  chapter at the present time;
 1736         (a)(b) Is a diplomate in good standing with the American
 1737  Board of Professional Psychology, Inc.; or
 1738         (b)(c) Possesses a doctoral degree in psychology as
 1739  described in s. 490.003 and has at least 10 20 years of
 1740  experience as a licensed psychologist in any jurisdiction or
 1741  territory of the United States within 25 years preceding the
 1742  date of application.
 1743         Section 37. Subsection (6) of section 491.0045, Florida
 1744  Statutes, as amended by chapter 2016-80 and chapter 2016-241,
 1745  Laws of Florida, is amended to read:
 1746         491.0045 Intern registration; requirements.—
 1747         (6) A registration issued on or before March 31, 2017,
 1748  expires March 31, 2022, and may not be renewed or reissued. Any
 1749  registration issued after March 31, 2017, expires 60 months
 1750  after the date it is issued. The board may make a one-time
 1751  exception from the requirements of this section in emergency or
 1752  hardship cases, as defined by board rule, if A subsequent intern
 1753  registration may not be issued unless the candidate has passed
 1754  the theory and practice examination described in s.
 1755  491.005(1)(d), (3)(d), and (4)(d).
 1756         Section 38. Subsections (3) and (4) of section 491.005,
 1757  Florida Statutes, are amended to read:
 1758         491.005 Licensure by examination.—
 1759         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1760  documentation and payment of a fee not to exceed $200, as set by
 1761  board rule, plus the actual cost to the department for the
 1762  purchase of the examination from the Association of Marital and
 1763  Family Therapy Regulatory Board, or similar national
 1764  organization, the department shall issue a license as a marriage
 1765  and family therapist to an applicant who the board certifies:
 1766         (a) Has submitted an application and paid the appropriate
 1767  fee.
 1768         (b)1. Has a minimum of a master’s degree with major
 1769  emphasis in marriage and family therapy from a program
 1770  accredited by the Commission on Accreditation for Marriage and
 1771  Family Therapy Education or from a Florida university program
 1772  accredited by the Council for Accreditation of Counseling and
 1773  Related Educational Programs, or a closely related field, and
 1774  has completed graduate courses approved by the Board of Clinical
 1775  Social Work, Marriage and Family Therapy, and Mental Health
 1776  Counseling. has completed all of the following requirements:
 1777         a.Thirty-six semester hours or 48 quarter hours of
 1778  graduate coursework, which must include a minimum of 3 semester
 1779  hours or 4 quarter hours of graduate-level course credits in
 1780  each of the following nine areas: dynamics of marriage and
 1781  family systems; marriage therapy and counseling theory and
 1782  techniques; family therapy and counseling theory and techniques;
 1783  individual human development theories throughout the life cycle;
 1784  personality theory or general counseling theory and techniques;
 1785  psychopathology; human sexuality theory and counseling
 1786  techniques; psychosocial theory; and substance abuse theory and
 1787  counseling techniques. Courses in research, evaluation,
 1788  appraisal, assessment, or testing theories and procedures;
 1789  thesis or dissertation work; or practicums, internships, or
 1790  fieldwork may not be applied toward this requirement.
 1791         b.A minimum of one graduate-level course of 3 semester
 1792  hours or 4 quarter hours in legal, ethical, and professional
 1793  standards issues in the practice of marriage and family therapy
 1794  or a course determined by the board to be equivalent.
 1795         c.A minimum of one graduate-level course of 3 semester
 1796  hours or 4 quarter hours in diagnosis, appraisal, assessment,
 1797  and testing for individual or interpersonal disorder or
 1798  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
 1799  hour graduate-level course in behavioral research which focuses
 1800  on the interpretation and application of research data as it
 1801  applies to clinical practice. Credit for thesis or dissertation
 1802  work, practicums, internships, or fieldwork may not be applied
 1803  toward this requirement.
 1804         d.A minimum of one supervised clinical practicum,
 1805  internship, or field experience in a marriage and family
 1806  counseling setting, during which the student provided 180 direct
 1807  client contact hours of marriage and family therapy services
 1808  under the supervision of an individual who met the requirements
 1809  for supervision under paragraph (c). This requirement may be met
 1810  by a supervised practice experience which took place outside the
 1811  academic arena, but which is certified as equivalent to a
 1812  graduate-level practicum or internship program which required a
 1813  minimum of 180 direct client contact hours of marriage and
 1814  family therapy services currently offered within an academic
 1815  program of a college or university accredited by an accrediting
 1816  agency approved by the United States Department of Education, or
 1817  an institution which is publicly recognized as a member in good
 1818  standing with the Association of Universities and Colleges of
 1819  Canada or a training institution accredited by the Commission on
 1820  Accreditation for Marriage and Family Therapy Education
 1821  recognized by the United States Department of Education.
 1822  Certification shall be required from an official of such
 1823  college, university, or training institution.
 1824         2. If the course title which appears on the applicant’s
 1825  transcript does not clearly identify the content of the
 1826  coursework, the applicant shall be required to provide
 1827  additional documentation, including, but not limited to, a
 1828  syllabus or catalog description published for the course.
 1829  
 1830  The required master’s degree must have been received in an
 1831  institution of higher education which at the time the applicant
 1832  graduated was: fully accredited by a regional accrediting body
 1833  recognized by the Commission on Recognition of Postsecondary
 1834  Accreditation; publicly recognized as a member in good standing
 1835  with the Association of Universities and Colleges of Canada; or
 1836  an institution of higher education located outside the United
 1837  States and Canada, which at the time the applicant was enrolled
 1838  and at the time the applicant graduated maintained a standard of
 1839  training substantially equivalent to the standards of training
 1840  of those institutions in the United States which are accredited
 1841  by a regional accrediting body recognized by the Commission on
 1842  Recognition of Postsecondary Accreditation. Such foreign
 1843  education and training must have been received in an institution
 1844  or program of higher education officially recognized by the
 1845  government of the country in which it is located as an
 1846  institution or program to train students to practice as
 1847  professional marriage and family therapists or psychotherapists.
 1848  The burden of establishing that the requirements of this
 1849  provision have been met shall be upon the applicant, and the
 1850  board shall require documentation, such as, but not limited to,
 1851  an evaluation by a foreign equivalency determination service, as
 1852  evidence that the applicant’s graduate degree program and
 1853  education were equivalent to an accredited program in this
 1854  country. An applicant with a master’s degree from a program
 1855  which did not emphasize marriage and family therapy may complete
 1856  the coursework requirement in a training institution fully
 1857  accredited by the Commission on Accreditation for Marriage and
 1858  Family Therapy Education recognized by the United States
 1859  Department of Education.
 1860         (c) Has had at least 2 years of clinical experience during
 1861  which 50 percent of the applicant’s clients were receiving
 1862  marriage and family therapy services, which must be at the post
 1863  master’s level under the supervision of a licensed marriage and
 1864  family therapist with at least 5 years of experience, or the
 1865  equivalent, who is a qualified supervisor as determined by the
 1866  board. An individual who intends to practice in Florida to
 1867  satisfy the clinical experience requirements must register
 1868  pursuant to s. 491.0045 before commencing practice. If a
 1869  graduate has a master’s degree with a major emphasis in marriage
 1870  and family therapy or a closely related field that did not
 1871  include all the coursework required under subparagraph (b)1.
 1872  sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
 1873  clinical experience shall not commence until the applicant has
 1874  completed a minimum of 10 of the courses required under
 1875  subparagraph (b)1. sub-subparagraphs (b)1.a.-c., as determined
 1876  by the board, and at least 6 semester hours or 9 quarter hours
 1877  of the course credits must have been completed in the area of
 1878  marriage and family systems, theories, or techniques. Within the
 1879  2 3 years of required experience, the applicant shall provide
 1880  direct individual, group, or family therapy and counseling, to
 1881  include the following categories of cases: unmarried dyads,
 1882  married couples, separating and divorcing couples, and family
 1883  groups including children. A doctoral internship may be applied
 1884  toward the clinical experience requirement. A licensed mental
 1885  health professional must be on the premises when clinical
 1886  services are provided by a registered intern in a private
 1887  practice setting.
 1888         (d) Has passed a theory and practice examination provided
 1889  by the department for this purpose.
 1890         (e) Has demonstrated, in a manner designated by rule of the
 1891  board, knowledge of the laws and rules governing the practice of
 1892  clinical social work, marriage and family therapy, and mental
 1893  health counseling.
 1894         (f) For the purposes of dual licensure, the department
 1895  shall license as a marriage and family therapist any person who
 1896  meets the requirements of s. 491.0057. Fees for dual licensure
 1897  shall not exceed those stated in this subsection.
 1898         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1899  documentation and payment of a fee not to exceed $200, as set by
 1900  board rule, plus the actual per applicant cost to the department
 1901  for purchase of the examination from the National Board for
 1902  Certified Counselors or its successor Professional Examination
 1903  Service for the National Academy of Certified Clinical Mental
 1904  Health Counselors or a similar national organization, the
 1905  department shall issue a license as a mental health counselor to
 1906  an applicant who the board certifies:
 1907         (a) Has submitted an application and paid the appropriate
 1908  fee.
 1909         (b)1. Has a minimum of an earned master’s degree from a
 1910  mental health counseling program accredited by the Council for
 1911  the Accreditation of Counseling and Related Educational Programs
 1912  that consists of at least 60 semester hours or 80 quarter hours
 1913  of clinical and didactic instruction, including a course in
 1914  human sexuality and a course in substance abuse. If the master’s
 1915  degree is earned from a program related to the practice of
 1916  mental health counseling that is not accredited by the Council
 1917  for the Accreditation of Counseling and Related Educational
 1918  Programs, then the coursework and practicum, internship, or
 1919  fieldwork must consist of at least 60 semester hours or 80
 1920  quarter hours and meet the following requirements:
 1921         a. Thirty-three semester hours or 44 quarter hours of
 1922  graduate coursework, which must include a minimum of 3 semester
 1923  hours or 4 quarter hours of graduate-level coursework in each of
 1924  the following 11 content areas: counseling theories and
 1925  practice; human growth and development; diagnosis and treatment
 1926  of psychopathology; human sexuality; group theories and
 1927  practice; individual evaluation and assessment; career and
 1928  lifestyle assessment; research and program evaluation; social
 1929  and cultural foundations; counseling in community settings; and
 1930  substance abuse. Courses in research, thesis or dissertation
 1931  work, practicums, internships, or fieldwork may not be applied
 1932  toward this requirement.
 1933         b. A minimum of 3 semester hours or 4 quarter hours of
 1934  graduate-level coursework in legal, ethical, and professional
 1935  standards issues in the practice of mental health counseling,
 1936  which includes goals, objectives, and practices of professional
 1937  counseling organizations, codes of ethics, legal considerations,
 1938  standards of preparation, certifications and licensing, and the
 1939  role identity and professional obligations of mental health
 1940  counselors. Courses in research, thesis or dissertation work,
 1941  practicums, internships, or fieldwork may not be applied toward
 1942  this requirement.
 1943         c. The equivalent, as determined by the board, of at least
 1944  700 1,000 hours of university-sponsored supervised clinical
 1945  practicum, internship, or field experience as required in the
 1946  accrediting standards of the Council for Accreditation of
 1947  Counseling and Related Educational Programs for mental health
 1948  counseling programs. This experience may not be used to satisfy
 1949  the post-master’s clinical experience requirement.
 1950         2. If the course title which appears on the applicant’s
 1951  transcript does not clearly identify the content of the
 1952  coursework, the applicant shall be required to provide
 1953  additional documentation, including, but not limited to, a
 1954  syllabus or catalog description published for the course.
 1955  
 1956  Education and training in mental health counseling must have
 1957  been received in an institution of higher education which at the
 1958  time the applicant graduated was: fully accredited by a regional
 1959  accrediting body recognized by the Commission on Recognition of
 1960  Postsecondary Accreditation; publicly recognized as a member in
 1961  good standing with the Association of Universities and Colleges
 1962  of Canada; or an institution of higher education located outside
 1963  the United States and Canada, which at the time the applicant
 1964  was enrolled and at the time the applicant graduated maintained
 1965  a standard of training substantially equivalent to the standards
 1966  of training of those institutions in the United States which are
 1967  accredited by a regional accrediting body recognized by the
 1968  Commission on Recognition of Postsecondary Accreditation. Such
 1969  foreign education and training must have been received in an
 1970  institution or program of higher education officially recognized
 1971  by the government of the country in which it is located as an
 1972  institution or program to train students to practice as mental
 1973  health counselors. The burden of establishing that the
 1974  requirements of this provision have been met shall be upon the
 1975  applicant, and the board shall require documentation, such as,
 1976  but not limited to, an evaluation by a foreign equivalency
 1977  determination service, as evidence that the applicant’s graduate
 1978  degree program and education were equivalent to an accredited
 1979  program in this country.
 1980         (c) Has had at least 2 years of clinical experience in
 1981  mental health counseling, which must be at the post-master’s
 1982  level under the supervision of a licensed mental health
 1983  counselor or the equivalent who is a qualified supervisor as
 1984  determined by the board. An individual who intends to practice
 1985  in Florida to satisfy the clinical experience requirements must
 1986  register pursuant to s. 491.0045 before commencing practice. If
 1987  a graduate has a master’s degree with a major related to the
 1988  practice of mental health counseling that did not include all
 1989  the coursework required under sub-subparagraphs (b)1.a.-b.,
 1990  credit for the post-master’s level clinical experience shall not
 1991  commence until the applicant has completed a minimum of seven of
 1992  the courses required under sub-subparagraphs (b)1.a.-b., as
 1993  determined by the board, one of which must be a course in
 1994  psychopathology or abnormal psychology. A doctoral internship
 1995  may be applied toward the clinical experience requirement. A
 1996  licensed mental health professional must be on the premises when
 1997  clinical services are provided by a registered intern in a
 1998  private practice setting.
 1999         (d) Has passed a theory and practice examination provided
 2000  by the department for this purpose.
 2001         (e) Has demonstrated, in a manner designated by rule of the
 2002  board, knowledge of the laws and rules governing the practice of
 2003  clinical social work, marriage and family therapy, and mental
 2004  health counseling.
 2005         Section 39. Paragraph (b) of subsection (1) of section
 2006  491.006, Florida Statutes, is amended to read:
 2007         491.006 Licensure or certification by endorsement.—
 2008         (1) The department shall license or grant a certificate to
 2009  a person in a profession regulated by this chapter who, upon
 2010  applying to the department and remitting the appropriate fee,
 2011  demonstrates to the board that he or she:
 2012         (b)1. Holds an active valid license to practice and has
 2013  actively practiced the profession for which licensure is applied
 2014  in another state for 3 of the last 5 years immediately preceding
 2015  licensure.
 2016         2.Meets the education requirements of this chapter for the
 2017  profession for which licensure is applied.
 2018         2.3. Has passed a substantially equivalent licensing
 2019  examination in another state or has passed the licensure
 2020  examination in this state in the profession for which the
 2021  applicant seeks licensure.
 2022         3.4. Holds a license in good standing, is not under
 2023  investigation for an act that would constitute a violation of
 2024  this chapter, and has not been found to have committed any act
 2025  that would constitute a violation of this chapter. The fees paid
 2026  by any applicant for certification as a master social worker
 2027  under this section are nonrefundable.
 2028         Section 40. Subsection (3) of section 491.007, Florida
 2029  Statutes, is amended to read:
 2030         491.007 Renewal of license, registration, or certificate.—
 2031         (3)The board or department shall prescribe by rule a
 2032  method for the biennial renewal of an intern registration at a
 2033  fee set by rule, not to exceed $100.
 2034         Section 41. Subsection (2) of section 491.009, Florida
 2035  Statutes, is amended to read:
 2036         491.009 Discipline.—
 2037         (2) The board department, or, in the case of certified
 2038  master social workers psychologists, the department board, may
 2039  enter an order denying licensure or imposing any of the
 2040  penalties in s. 456.072(2) against any applicant for licensure
 2041  or licensee who is found guilty of violating any provision of
 2042  subsection (1) of this section or who is found guilty of
 2043  violating any provision of s. 456.072(1).
 2044         Section 42. Subsection (3) of section 463.0057, Florida
 2045  Statutes, is amended to read:
 2046         463.0057 Optometric faculty certificate.—
 2047         (3) The holder of a faculty certificate may engage in the
 2048  practice of optometry as permitted by this section but may not
 2049  administer or prescribe topical ocular pharmaceutical agents
 2050  unless the certificateholder has satisfied the requirements of
 2051  s. 463.006(1)(b)3. and 4. s. 463.006(1)(b)4. and 5. If a
 2052  certificateholder wishes to administer or prescribe oral ocular
 2053  pharmaceutical agents, the certificateholder must also satisfy
 2054  the requirements of s. 463.0055(1)(b).
 2055         Section 43. Paragraph (c) of subsection (2) of section
 2056  491.0046, Florida Statutes, is amended to read:
 2057         491.0046 Provisional license; requirements.—
 2058         (2) The department shall issue a provisional clinical
 2059  social worker license, provisional marriage and family therapist
 2060  license, or provisional mental health counselor license to each
 2061  applicant who the board certifies has:
 2062         (c) Has met the following minimum coursework requirements:
 2063         1. For clinical social work, a minimum of 15 semester hours
 2064  or 22 quarter hours of the coursework required by s.
 2065  491.005(1)(b)2.b.
 2066         2. For marriage and family therapy, 10 of the courses
 2067  required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
 2068  determined by the board, and at least 6 semester hours or 9
 2069  quarter hours of the course credits must have been completed in
 2070  the area of marriage and family systems, theories, or
 2071  techniques.
 2072         3. For mental health counseling, a minimum of seven of the
 2073  courses required under s. 491.005(4)(b)1.a.-c.
 2074         Section 44. Subsection (11) of section 945.42, Florida
 2075  Statutes, is amended to read:
 2076         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 2077  945.40-945.49, the following terms shall have the meanings
 2078  ascribed to them, unless the context shall clearly indicate
 2079  otherwise:
 2080         (11) “Psychological professional” means a behavioral
 2081  practitioner who has an approved doctoral degree in psychology
 2082  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
 2083  the department or who is licensed as a psychologist pursuant to
 2084  chapter 490.
 2085         Section 45. This act shall take effect July 1, 2018.