Florida Senate - 2018                             CS for SB 1594
       
       
        
       By the Committee on Health Policy; and Senator Brandes
       
       
       
       
       
       588-02623-18                                          20181594c1
    1                        A bill to be entitled                      
    2         An act relating to nursing; amending s. 464.003, F.S.;
    3         defining the term “advanced practice registered
    4         nurse”; deleting the terms “advanced registered nurse
    5         practitioner”, “clinical nurse specialist” and
    6         “clinical nurse specialist practice,” to conform to
    7         changes made by the act; repealing s. 464.0115, F.S.,
    8         relating to the certification of clinical nurse
    9         specialists; amending s. 464.012, F.S.; requiring any
   10         nurse desiring to be licensed as an advanced practice
   11         registered nurse to apply to the Department of Health,
   12         submit proof that he or she holds a current license to
   13         practice professional nursing, and meet one or more
   14         specified requirements as determined by the Board of
   15         Nursing; authorizing the board to adopt rules to
   16         provide for provisional state licensure of certified
   17         nurse midwives, certified nurse practitioners,
   18         certified registered nurse anesthetists, clinical
   19         nurse specialists, and psychiatric nurses for a
   20         specified period of time; requiring the department and
   21         the board to establish a transition process for
   22         converting certain certified practitioners to licensed
   23         practitioners; authorizing certain certified
   24         practitioners to continue practicing advanced nursing
   25         during a specified period of time; providing
   26         construction; providing an expiration date for
   27         provisions relating to the transition from
   28         certification to licensure; conforming provisions to
   29         changes made by the act; amending s. 960.28, F.S.;
   30         conforming a cross-reference; amending ss. 39.303,
   31         39.304, 90.503, 110.12315, 121.0515, 252.515, 310.071,
   32         310.073, 310.081, 320.0848, 381.00315, 381.00593,
   33         383.14, 383.141, 384.27, 390.0111, 390.012, 394.455,
   34         395.0191, 397.311, 397.4012, 397.427, 397.679,
   35         397.6793, 400.021, 400.462, 400.487, 400.506,
   36         400.9973, 400.9974, 400.9976, 400.9979, 401.445,
   37         409.905, 409.908, 409.973, 429.918, 456.0391,
   38         456.0392, 456.041, 456.048, 456.072, 456.44, 458.3265,
   39         458.331, 458.348, 459.0137, 459.015, 459.025, 464.003,
   40         464.004, 464.013, 464.015, 464.016, 464.018, 464.0205,
   41         467.003, 480.0475, 483.041, 483.801, 486.021, 490.012,
   42         491.0057, 491.012, 493.6108, 627.357, 627.6471,
   43         627.6472, 627.736, 633.412, 641.3923, 766.103,
   44         766.1115, 766.1116, 766.118, 794.08, 893.02, 893.05,
   45         943.13, 948.03, 1002.20, 1002.42, 1006.062, 1009.65,
   46         1009.66, and 1009.67, F.S.; conforming provisions to
   47         changes made by the act; providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsections (3), (6), and (7) of section
   52  464.003, Florida Statutes, are amended, and subsections (8)
   53  through (23) are redesignated as subsections (6) through (21),
   54  respectively, to read:
   55         464.003 Definitions.—As used in this part, the term:
   56         (3) “Advanced practice registered nurse” “Advanced
   57  registered nurse practitioner” means any person licensed in this
   58  state to practice professional nursing and who is licensed
   59  certified in an advanced or specialized nursing practice,
   60  including certified nurse midwives, certified nurse
   61  practitioners, certified registered nurse anesthetists, clinical
   62  nurse specialists certified nurse midwives, and psychiatric
   63  nurses nurse practitioners.
   64         (6) “Clinical nurse specialist” means any person licensed
   65  in this state to practice professional nursing and certified in
   66  clinical nurse specialist practice.
   67         (7) “Clinical nurse specialist practice” means the delivery
   68  and management of advanced practice nursing care to individuals
   69  or groups, including the ability to:
   70         (a) Assess the health status of individuals and families
   71  using methods appropriate to the population and area of
   72  practice.
   73         (b) Diagnose human responses to actual or potential health
   74  problems.
   75         (c) Plan for health promotion, disease prevention, and
   76  therapeutic intervention in collaboration with the patient or
   77  client.
   78         (d) Implement therapeutic interventions based on the nurse
   79  specialist’s area of expertise and within the scope of advanced
   80  nursing practice, including, but not limited to, direct nursing
   81  care, counseling, teaching, and collaboration with other
   82  licensed health care providers.
   83         (e) Coordinate health care as necessary and appropriate and
   84  evaluate with the patient or client the effectiveness of care.
   85         Section 2. Section 464.0115, Florida Statutes, is repealed.
   86         Section 3. Section 464.012, Florida Statutes, as amended by
   87  section 3 of chapter 2017-134, Laws of Florida, is amended to
   88  read:
   89         464.012 Licensure Certification of advanced practice
   90  registered nurses advanced registered nurse practitioners; fees;
   91  controlled substance prescribing.—
   92         (1) Any nurse desiring to be licensed certified as an
   93  advanced practice registered nurse must advanced registered
   94  nurse practitioner shall apply to the department and submit
   95  proof that he or she holds a current license to practice
   96  professional nursing or holds an active multistate license to
   97  practice professional nursing pursuant to s. 464.0095 and that
   98  he or she meets one or more of the following requirements as
   99  determined by the board:
  100         (a) Certification by an appropriate specialty board. Such
  101  certification is shall be required for initial state licensure
  102  certification and any licensure renewal recertification as a
  103  certified nurse midwife, certified nurse practitioner, certified
  104  registered nurse anesthetist, clinical nurse specialist, or
  105  psychiatric nurse, or nurse midwife. The board may by rule
  106  provide for provisional state licensure certification of
  107  graduate certified registered nurse anesthetists, clinical nurse
  108  specialists, certified nurse practitioners, psychiatric nurses,
  109  and certified nurse midwives for a period of time determined to
  110  be appropriate for preparing for and passing the national
  111  certification examination.
  112         (b) Graduation from a program leading to a master’s degree
  113  in a nursing clinical specialty area with preparation in
  114  specialized practitioner skills. For applicants graduating on or
  115  after October 1, 1998, graduation from a master’s degree program
  116  is shall be required for initial licensure certification as a
  117  certified nurse practitioner under paragraph (4)(a) (4)(c).
  118         1. For applicants graduating on or after October 1, 2001,
  119  graduation from a master’s degree program is shall be required
  120  for initial licensure certification as a certified registered
  121  nurse anesthetist who may perform the acts listed in under
  122  paragraph (4)(b) (4)(a).
  123         2. For applicants graduating on or after October 1, 1998,
  124  graduation from a master’s degree program is required for the
  125  initial licensure as a certified nurse midwife who may perform
  126  the acts listed in (4)(c).
  127         3. For applicants graduating on or after July 1, 2007,
  128  graduation from a master’s degree program is required for the
  129  initial licensure as a clinical nurse specialist who may perform
  130  the acts listed in (4)(d).
  131         (2)(a) The board shall provide by rule the appropriate
  132  requirements for advanced practice registered nurses for
  133  advanced registered nurse practitioners in the advanced nursing
  134  practices categories of certified nurse midwives, certified
  135  nurse practitioners, certified registered nurse anesthetists
  136  anesthetist, clinical certified nurse specialists midwife, and
  137  psychiatric nurses nurse practitioner.
  138         (3) An advanced practice registered nurse advanced
  139  registered nurse practitioner shall perform those functions
  140  authorized in this section within the framework of an
  141  established protocol that which must be maintained on site at
  142  the location or locations at which an advanced practice
  143  registered nurse advanced registered nurse practitioner
  144  practices. In the case of multiple supervising physicians in the
  145  same group, an advanced practice registered nurse advanced
  146  registered nurse practitioner must enter into a supervisory
  147  protocol with at least one physician within the physician group
  148  practice. A practitioner currently licensed under chapter 458,
  149  chapter 459, or chapter 466 shall maintain supervision for
  150  directing the specific course of medical treatment. Within the
  151  established framework, an advanced practice registered nurse
  152  advanced registered nurse practitioner may:
  153         (a) Prescribe, dispense, administer, or order any drug;
  154  however, an advanced practice registered nurse advanced
  155  registered nurse practitioner may prescribe or dispense a
  156  controlled substance as defined in s. 893.03 only if the
  157  advanced practice registered nurse advanced registered nurse
  158  practitioner has graduated from a program leading to a master’s
  159  or doctoral degree in a clinical nursing specialty area with
  160  training in specialized practitioner skills.
  161         (b) Initiate appropriate therapies for certain conditions.
  162         (c) Perform additional functions as may be determined by
  163  rule in accordance with s. 464.003(2).
  164         (d) Order diagnostic tests and physical and occupational
  165  therapy.
  166         (e) Order any medication for administration to a patient in
  167  a facility licensed under chapter 395 or part II of chapter 400,
  168  notwithstanding any provisions in chapter 465 or chapter 893.
  169         (4) In addition to the general functions specified in
  170  subsection (3), an advanced practice registered nurse advanced
  171  registered nurse practitioner may perform the following acts
  172  within his or her specialty:
  173         (a) The certified nurse practitioner may perform any or all
  174  of the following acts within the framework of established
  175  protocol:
  176         1. Manage selected medical problems.
  177         2. Order physical and occupational therapy.
  178         3. Initiate, monitor, or alter therapies for certain
  179  uncomplicated acute illnesses.
  180         4. Monitor and manage patients with stable chronic
  181  diseases.
  182         5. Establish behavioral problems and diagnosis and make
  183  treatment recommendations.
  184         (b)(a) The certified registered nurse anesthetist may, to
  185  the extent authorized by established protocol approved by the
  186  medical staff of the facility in which the anesthetic service is
  187  performed, perform any or all of the following:
  188         1. Determine the health status of the patient as it relates
  189  to the risk factors and to the anesthetic management of the
  190  patient through the performance of the general functions.
  191         2. Based on history, physical assessment, and supplemental
  192  laboratory results, determine, with the consent of the
  193  responsible physician, the appropriate type of anesthesia within
  194  the framework of the protocol.
  195         3. Order under the protocol preanesthetic medication.
  196         4. Perform under the protocol procedures commonly used to
  197  render the patient insensible to pain during the performance of
  198  surgical, obstetrical, therapeutic, or diagnostic clinical
  199  procedures. These procedures include ordering and administering
  200  regional, spinal, and general anesthesia; inhalation agents and
  201  techniques; intravenous agents and techniques; and techniques of
  202  hypnosis.
  203         5. Order or perform monitoring procedures indicated as
  204  pertinent to the anesthetic health care management of the
  205  patient.
  206         6. Support life functions during anesthesia health care,
  207  including induction and intubation procedures, the use of
  208  appropriate mechanical supportive devices, and the management of
  209  fluid, electrolyte, and blood component balances.
  210         7. Recognize and take appropriate corrective action for
  211  abnormal patient responses to anesthesia, adjunctive medication,
  212  or other forms of therapy.
  213         8. Recognize and treat a cardiac arrhythmia while the
  214  patient is under anesthetic care.
  215         9. Participate in management of the patient while in the
  216  postanesthesia recovery area, including ordering the
  217  administration of fluids and drugs.
  218         10. Place special peripheral and central venous and
  219  arterial lines for blood sampling and monitoring as appropriate.
  220         (c)(b) The certified nurse midwife may, to the extent
  221  authorized by an established protocol which has been approved by
  222  the medical staff of the health care facility in which the
  223  midwifery services are performed, or approved by the nurse
  224  midwife’s physician backup when the delivery is performed in a
  225  patient’s home, perform any or all of the following:
  226         1. Perform superficial minor surgical procedures.
  227         2. Manage the patient during labor and delivery to include
  228  amniotomy, episiotomy, and repair.
  229         3. Order, initiate, and perform appropriate anesthetic
  230  procedures.
  231         4. Perform postpartum examination.
  232         5. Order appropriate medications.
  233         6. Provide family-planning services and well-woman care.
  234         7. Manage the medical care of the normal obstetrical
  235  patient and the initial care of a newborn patient.
  236         (c) The nurse practitioner may perform any or all of the
  237  following acts within the framework of established protocol:
  238         1. Manage selected medical problems.
  239         2. Order physical and occupational therapy.
  240         3. Initiate, monitor, or alter therapies for certain
  241  uncomplicated acute illnesses.
  242         4. Monitor and manage patients with stable chronic
  243  diseases.
  244         5. Establish behavioral problems and diagnosis and make
  245  treatment recommendations.
  246         (d) The clinical nurse specialist may perform any or all of
  247  the following acts within the framework of established protocol:
  248         1. Assess the health status of individuals and families
  249  using methods appropriate to the population and area of
  250  practice.
  251         2. Diagnose human responses to actual or potential health
  252  problems.
  253         3. Plan for health promotion, disease prevention, and
  254  therapeutic intervention in collaboration with the patient or
  255  client.
  256         4. Implement therapeutic interventions based on the nurse
  257  specialist’s area of expertise and within the scope of advanced
  258  nursing practice, including, but not limited to, direct nursing
  259  care, counseling, teaching, and collaboration with other
  260  licensed health care providers.
  261         5. Coordinate health care as necessary and appropriate and
  262  evaluate with the patient or client the effectiveness of care.
  263         (e)(5) A psychiatric nurse, who meets the requirements in
  264  s. 394.555(35) as defined in s. 394.455, within the framework of
  265  an established protocol with a psychiatrist, may prescribe
  266  psychotropic controlled substances for the treatment of mental
  267  disorders.
  268         (5)(6) The board shall approve for licensure certify, and
  269  the department shall issue a license certificate to, any nurse
  270  meeting the qualifications in this section. The board shall
  271  establish an application fee not to exceed $100 and a biennial
  272  renewal fee not to exceed $50. The board is authorized to adopt
  273  such other rules as are necessary to implement the provisions of
  274  this section.
  275         (6)(7)(a) The board shall establish a committee to
  276  recommend a formulary of controlled substances that an advanced
  277  practice registered nurse advanced registered nurse practitioner
  278  may not prescribe or may prescribe only for specific uses or in
  279  limited quantities. The committee must consist of three advanced
  280  practice registered nurses advanced registered nurse
  281  practitioners licensed under this section, recommended by the
  282  board; three physicians licensed under chapter 458 or chapter
  283  459 who have work experience with advanced practice registered
  284  nurses advanced registered nurse practitioners, recommended by
  285  the Board of Medicine; and a pharmacist licensed under chapter
  286  465 who is a doctor of pharmacy, recommended by the Board of
  287  Pharmacy. The committee may recommend an evidence-based
  288  formulary applicable to all advanced practice registered nurses
  289  advanced registered nurse practitioners which is limited by
  290  specialty certification, is limited to approved uses of
  291  controlled substances, or is subject to other similar
  292  restrictions the committee finds are necessary to protect the
  293  health, safety, and welfare of the public. The formulary must
  294  restrict the prescribing of psychiatric mental health controlled
  295  substances for children younger than 18 years of age to advanced
  296  practice registered nurses advanced registered nurse
  297  practitioners who also are psychiatric nurses as defined in s.
  298  394.455. The formulary must also limit the prescribing of
  299  Schedule II controlled substances as listed in s. 893.03 to a 7
  300  day supply, except that such restriction does not apply to
  301  controlled substances that are psychiatric medications
  302  prescribed by psychiatric nurses as defined in s. 394.455.
  303         (b) The board shall adopt by rule the recommended formulary
  304  and any revision to the formulary which it finds is supported by
  305  evidence-based clinical findings presented by the Board of
  306  Medicine, the Board of Osteopathic Medicine, or the Board of
  307  Dentistry.
  308         (c) The formulary required under this subsection does not
  309  apply to a controlled substance that is dispensed for
  310  administration pursuant to an order, including an order for
  311  medication authorized by subparagraph (4)(b)3., subparagraph
  312  (4)(b)4., or subparagraph (4)(b)9 subparagraph (4)(a)3.,
  313  subparagraph (4)(a)4., or subparagraph (4)(a)9.
  314         (d) The board shall adopt the committee’s initial
  315  recommendation no later than October 31, 2016.
  316         (7)(8) This section shall be known as “The Barbara Lumpkin
  317  Prescribing Act.”
  318         (8) The department and board shall establish a transition
  319  timeline and process for practitioners certified as of September
  320  30, 2018, as advanced registered nurse practitioners or clinical
  321  nurse specialists, to convert a certificate in good standing to
  322  a license that becomes effective on October 1, 2018, to practice
  323  as an advanced practice registered nurse. An advanced registered
  324  nurse practitioner or a clinical nurse specialist holding a
  325  certificate to practice in good standing on September 30, 2018,
  326  may continue to practice with all rights, authorizations, and
  327  responsibilities authorized under this section for licensure as
  328  an advanced practice registered nurse and may use the applicable
  329  title under s. 464.015 after the effective date of this act
  330  while the department and board complete the transition from
  331  certification to licensure, as established under this act. This
  332  subsection may not be construed to limit or restrict the
  333  department’s or board’s disciplinary authority or enforcement
  334  responsibilities for safe nursing practice. This subsection
  335  expires on October 1, 2020.
  336         Section 4. Subsection (2) of section 960.28, Florida
  337  Statutes, is amended to read:
  338         960.28 Payment for victims’ initial forensic physical
  339  examinations.—
  340         (2) The Crime Victims’ Services Office of the department
  341  shall pay for medical expenses connected with an initial
  342  forensic physical examination of a victim of sexual battery as
  343  defined in chapter 794 or a lewd or lascivious offense as
  344  defined in chapter 800. Such payment shall be made regardless of
  345  whether the victim is covered by health or disability insurance
  346  and whether the victim participates in the criminal justice
  347  system or cooperates with law enforcement. The payment shall be
  348  made only out of moneys allocated to the Crime Victims’ Services
  349  Office for the purposes of this section, and the payment may not
  350  exceed $500 with respect to any violation. The department shall
  351  develop and maintain separate protocols for the initial forensic
  352  physical examination of adults and children. Payment under this
  353  section is limited to medical expenses connected with the
  354  initial forensic physical examination, and payment may be made
  355  to a medical provider using an examiner qualified under part I
  356  of chapter 464, excluding s. 464.003(14) s. 464.003(16); chapter
  357  458; or chapter 459. Payment made to the medical provider by the
  358  department shall be considered by the provider as payment in
  359  full for the initial forensic physical examination associated
  360  with the collection of evidence. The victim may not be required
  361  to pay, directly or indirectly, the cost of an initial forensic
  362  physical examination performed in accordance with this section.
  363         Section 5. Paragraph (c) of subsection (5) and paragraph
  364  (a) of subsection (6) of section 39.303, Florida Statutes, are
  365  amended to read:
  366         39.303 Child protection teams and sexual abuse treatment
  367  programs; services; eligible cases.—
  368         (5) All abuse and neglect cases transmitted for
  369  investigation to a circuit by the hotline must be simultaneously
  370  transmitted to the child protection team for review. For the
  371  purpose of determining whether a face-to-face medical evaluation
  372  by a child protection team is necessary, all cases transmitted
  373  to the child protection team which meet the criteria in
  374  subsection (4) must be timely reviewed by:
  375         (c) An advanced practice registered nurse advanced
  376  registered nurse practitioner licensed under chapter 464 who has
  377  a specialty in pediatrics or family medicine and is a member of
  378  a child protection team;
  379         (6) A face-to-face medical evaluation by a child protection
  380  team is not necessary when:
  381         (a) The child was examined for the alleged abuse or neglect
  382  by a physician who is not a member of the child protection team,
  383  and a consultation between the child protection team medical
  384  director or a child protection team board-certified
  385  pediatrician, advanced practice registered nurse advanced
  386  registered nurse practitioner, physician assistant working under
  387  the supervision of a child protection team medical director or a
  388  child protection team board-certified pediatrician, or
  389  registered nurse working under the direct supervision of a child
  390  protection team medical director or a child protection team
  391  board-certified pediatrician, and the examining physician
  392  concludes that a further medical evaluation is unnecessary;
  393  
  394  Notwithstanding paragraphs (a), (b), and (c), a child protection
  395  team medical director or a child protection team pediatrician,
  396  as authorized in subsection (5), may determine that a face-to
  397  face medical evaluation is necessary.
  398         Section 6. Paragraph (b) of subsection (1) of section
  399  39.304, Florida Statutes, is amended to read:
  400         39.304 Photographs, medical examinations, X rays, and
  401  medical treatment of abused, abandoned, or neglected child.—
  402         (1)
  403         (b) If the areas of trauma visible on a child indicate a
  404  need for a medical examination, or if the child verbally
  405  complains or otherwise exhibits distress as a result of injury
  406  through suspected child abuse, abandonment, or neglect, or is
  407  alleged to have been sexually abused, the person required to
  408  investigate may cause the child to be referred for diagnosis to
  409  a licensed physician or an emergency department in a hospital
  410  without the consent of the child’s parents or legal custodian.
  411  Such examination may be performed by any licensed physician or
  412  an advanced practice registered nurse advanced registered nurse
  413  practitioner licensed pursuant to part I of chapter 464. Any
  414  licensed physician, or advanced practice registered nurse
  415  advanced registered nurse practitioner licensed pursuant to part
  416  I of chapter 464, who has reasonable cause to suspect that an
  417  injury was the result of child abuse, abandonment, or neglect
  418  may authorize a radiological examination to be performed on the
  419  child without the consent of the child’s parent or legal
  420  custodian.
  421         Section 7. Paragraph (a) of subsection (1) of section
  422  90.503, Florida Statutes, is amended to read:
  423         90.503 Psychotherapist-patient privilege.—
  424         (1) For purposes of this section:
  425         (a) A “psychotherapist” is:
  426         1. A person authorized to practice medicine in any state or
  427  nation, or reasonably believed by the patient so to be, who is
  428  engaged in the diagnosis or treatment of a mental or emotional
  429  condition, including alcoholism and other drug addiction;
  430         2. A person licensed or certified as a psychologist under
  431  the laws of any state or nation, who is engaged primarily in the
  432  diagnosis or treatment of a mental or emotional condition,
  433  including alcoholism and other drug addiction;
  434         3. A person licensed or certified as a clinical social
  435  worker, marriage and family therapist, or mental health
  436  counselor under the laws of this state, who is engaged primarily
  437  in the diagnosis or treatment of a mental or emotional
  438  condition, including alcoholism and other drug addiction;
  439         4. Treatment personnel of facilities licensed by the state
  440  pursuant to chapter 394, chapter 395, or chapter 397, of
  441  facilities designated by the Department of Children and Families
  442  pursuant to chapter 394 as treatment facilities, or of
  443  facilities defined as community mental health centers pursuant
  444  to s. 394.907(1), who are engaged primarily in the diagnosis or
  445  treatment of a mental or emotional condition, including
  446  alcoholism and other drug addiction; or
  447         5. An advanced practice registered nurse licensed advanced
  448  registered nurse practitioner certified under s. 464.012, whose
  449  primary scope of practice is the diagnosis or treatment of
  450  mental or emotional conditions, including chemical abuse, and
  451  limited only to actions performed in accordance with part I of
  452  chapter 464.
  453         Section 8. Paragraph (d) of subsection (2) of section
  454  110.12315, Florida Statutes, is amended to read:
  455         110.12315 Prescription drug program.—The state employees’
  456  prescription drug program is established. This program shall be
  457  administered by the Department of Management Services, according
  458  to the terms and conditions of the plan as established by the
  459  relevant provisions of the annual General Appropriations Act and
  460  implementing legislation, subject to the following conditions:
  461         (2) In providing for reimbursement of pharmacies for
  462  prescription drugs and supplies dispensed to members of the
  463  state group health insurance plan and their dependents under the
  464  state employees’ prescription drug program:
  465         (d) The department shall establish the reimbursement
  466  schedule for prescription drugs and supplies dispensed under the
  467  program. Reimbursement rates for a prescription drug or supply
  468  must be based on the cost of the generic equivalent drug or
  469  supply if a generic equivalent exists, unless the physician,
  470  advanced practice registered nurse advanced registered nurse
  471  practitioner, or physician assistant prescribing the drug or
  472  supply clearly states on the prescription that the brand name
  473  drug or supply is medically necessary or that the drug or supply
  474  is included on the formulary of drugs and supplies that may not
  475  be interchanged as provided in chapter 465, in which case
  476  reimbursement must be based on the cost of the brand name drug
  477  or supply as specified in the reimbursement schedule adopted by
  478  the department.
  479         Section 9. Paragraph (f) of subsection (3) of section
  480  121.0515, Florida Statutes, is amended to read:
  481         121.0515 Special Risk Class.—
  482         (3) CRITERIA.—A member, to be designated as a special risk
  483  member, must meet the following criteria:
  484         (f) Effective January 1, 2001, the member must be employed
  485  in one of the following classes and must spend at least 75
  486  percent of his or her time performing duties which involve
  487  contact with patients or inmates in a correctional or forensic
  488  facility or institution:
  489         1. Dietitian (class codes 5203 and 5204);
  490         2. Public health nutrition consultant (class code 5224);
  491         3. Psychological specialist (class codes 5230 and 5231);
  492         4. Psychologist (class code 5234);
  493         5. Senior psychologist (class codes 5237 and 5238);
  494         6. Regional mental health consultant (class code 5240);
  495         7. Psychological Services Director—DCF (class code 5242);
  496         8. Pharmacist (class codes 5245 and 5246);
  497         9. Senior pharmacist (class codes 5248 and 5249);
  498         10. Dentist (class code 5266);
  499         11. Senior dentist (class code 5269);
  500         12. Registered nurse (class codes 5290 and 5291);
  501         13. Senior registered nurse (class codes 5292 and 5293);
  502         14. Registered nurse specialist (class codes 5294 and
  503  5295);
  504         15. Clinical associate (class codes 5298 and 5299);
  505         16. Advanced practice registered nurse Advanced registered
  506  nurse practitioner (class codes 5297 and 5300);
  507         17. Advanced practice registered nurse Advanced registered
  508  nurse practitioner specialist (class codes 5304 and 5305);
  509         18. Registered nurse supervisor (class codes 5306 and
  510  5307);
  511         19. Senior registered nurse supervisor (class codes 5308
  512  and 5309);
  513         20. Registered nursing consultant (class codes 5312 and
  514  5313);
  515         21. Quality management program supervisor (class code
  516  5314);
  517         22. Executive nursing director (class codes 5320 and 5321);
  518         23. Speech and hearing therapist (class code 5406); or
  519         24. Pharmacy manager (class code 5251);
  520         Section 10. Paragraph (a) of subsection (3) of section
  521  252.515, Florida Statutes, is amended to read:
  522         252.515 Postdisaster Relief Assistance Act; immunity from
  523  civil liability.—
  524         (3) As used in this section, the term:
  525         (a) “Emergency first responder” means:
  526         1. A physician licensed under chapter 458.
  527         2. An osteopathic physician licensed under chapter 459.
  528         3. A chiropractic physician licensed under chapter 460.
  529         4. A podiatric physician licensed under chapter 461.
  530         5. A dentist licensed under chapter 466.
  531         6. An advanced practice registered nurse licensed advanced
  532  registered nurse practitioner certified under s. 464.012.
  533         7. A physician assistant licensed under s. 458.347 or s.
  534  459.022.
  535         8. A worker employed by a public or private hospital in the
  536  state.
  537         9. A paramedic as defined in s. 401.23(17).
  538         10. An emergency medical technician as defined in s.
  539  401.23(11).
  540         11. A firefighter as defined in s. 633.102.
  541         12. A law enforcement officer as defined in s. 943.10.
  542         13. A member of the Florida National Guard.
  543         14. Any other personnel designated as emergency personnel
  544  by the Governor pursuant to a declared emergency.
  545         Section 11. Paragraph (c) of subsection (1) of section
  546  310.071, Florida Statutes, is amended to read:
  547         310.071 Deputy pilot certification.—
  548         (1) In addition to meeting other requirements specified in
  549  this chapter, each applicant for certification as a deputy pilot
  550  must:
  551         (c) Be in good physical and mental health, as evidenced by
  552  documentary proof of having satisfactorily passed a complete
  553  physical examination administered by a licensed physician within
  554  the preceding 6 months. The board shall adopt rules to establish
  555  requirements for passing the physical examination, which rules
  556  shall establish minimum standards for the physical or mental
  557  capabilities necessary to carry out the professional duties of a
  558  certificated deputy pilot. Such standards shall include zero
  559  tolerance for any controlled substance regulated under chapter
  560  893 unless that individual is under the care of a physician, an
  561  advanced practice registered nurse advanced registered nurse
  562  practitioner, or a physician assistant and that controlled
  563  substance was prescribed by that physician, advanced practice
  564  registered nurse advanced registered nurse practitioner, or
  565  physician assistant. To maintain eligibility as a certificated
  566  deputy pilot, each certificated deputy pilot must annually
  567  provide documentary proof of having satisfactorily passed a
  568  complete physical examination administered by a licensed
  569  physician. The physician must know the minimum standards and
  570  certify that the certificateholder satisfactorily meets the
  571  standards. The standards for certificateholders shall include a
  572  drug test.
  573         Section 12. Subsection (3) of section 310.073, Florida
  574  Statutes, is amended to read:
  575         310.073 State pilot licensing.—In addition to meeting other
  576  requirements specified in this chapter, each applicant for
  577  license as a state pilot must:
  578         (3) Be in good physical and mental health, as evidenced by
  579  documentary proof of having satisfactorily passed a complete
  580  physical examination administered by a licensed physician within
  581  the preceding 6 months. The board shall adopt rules to establish
  582  requirements for passing the physical examination, which rules
  583  shall establish minimum standards for the physical or mental
  584  capabilities necessary to carry out the professional duties of a
  585  licensed state pilot. Such standards shall include zero
  586  tolerance for any controlled substance regulated under chapter
  587  893 unless that individual is under the care of a physician, an
  588  advanced practice registered nurse advanced registered nurse
  589  practitioner, or a physician assistant and that controlled
  590  substance was prescribed by that physician, advanced practice
  591  registered nurse advanced registered nurse practitioner, or
  592  physician assistant. To maintain eligibility as a licensed state
  593  pilot, each licensed state pilot must annually provide
  594  documentary proof of having satisfactorily passed a complete
  595  physical examination administered by a licensed physician. The
  596  physician must know the minimum standards and certify that the
  597  licensee satisfactorily meets the standards. The standards for
  598  licensees shall include a drug test.
  599         Section 13. Paragraph (b) of subsection (3) of section
  600  310.081, Florida Statutes, is amended to read:
  601         310.081 Department to examine and license state pilots and
  602  certificate deputy pilots; vacancies.—
  603         (3) Pilots shall hold their licenses or certificates
  604  pursuant to the requirements of this chapter so long as they:
  605         (b) Are in good physical and mental health as evidenced by
  606  documentary proof of having satisfactorily passed a physical
  607  examination administered by a licensed physician or physician
  608  assistant within each calendar year. The board shall adopt rules
  609  to establish requirements for passing the physical examination,
  610  which rules shall establish minimum standards for the physical
  611  or mental capabilities necessary to carry out the professional
  612  duties of a licensed state pilot or a certificated deputy pilot.
  613  Such standards shall include zero tolerance for any controlled
  614  substance regulated under chapter 893 unless that individual is
  615  under the care of a physician, an advanced practice registered
  616  nurse advanced registered nurse practitioner, or a physician
  617  assistant and that controlled substance was prescribed by that
  618  physician, advanced practice registered nurse advanced
  619  registered nurse practitioner, or physician assistant. To
  620  maintain eligibility as a certificated deputy pilot or licensed
  621  state pilot, each certificated deputy pilot or licensed state
  622  pilot must annually provide documentary proof of having
  623  satisfactorily passed a complete physical examination
  624  administered by a licensed physician. The physician must know
  625  the minimum standards and certify that the certificateholder or
  626  licensee satisfactorily meets the standards. The standards for
  627  certificateholders and for licensees shall include a drug test.
  628  
  629  Upon resignation or in the case of disability permanently
  630  affecting a pilot’s ability to serve, the state license or
  631  certificate issued under this chapter shall be revoked by the
  632  department.
  633         Section 14. Paragraph (b) of subsection (1) of section
  634  320.0848, Florida Statutes, is amended to read:
  635         320.0848 Persons who have disabilities; issuance of
  636  disabled parking permits; temporary permits; permits for certain
  637  providers of transportation services to persons who have
  638  disabilities.—
  639         (1)
  640         (b)1. The person must be currently certified as being
  641  legally blind or as having any of the following disabilities
  642  that render him or her unable to walk 200 feet without stopping
  643  to rest:
  644         a. Inability to walk without the use of or assistance from
  645  a brace, cane, crutch, prosthetic device, or other assistive
  646  device, or without the assistance of another person. If the
  647  assistive device significantly restores the person’s ability to
  648  walk to the extent that the person can walk without severe
  649  limitation, the person is not eligible for the exemption parking
  650  permit.
  651         b. The need to permanently use a wheelchair.
  652         c. Restriction by lung disease to the extent that the
  653  person’s forced (respiratory) expiratory volume for 1 second,
  654  when measured by spirometry, is less than 1 liter, or the
  655  person’s arterial oxygen is less than 60 mm/hg on room air at
  656  rest.
  657         d. Use of portable oxygen.
  658         e. Restriction by cardiac condition to the extent that the
  659  person’s functional limitations are classified in severity as
  660  Class III or Class IV according to standards set by the American
  661  Heart Association.
  662         f. Severe limitation in the person’s ability to walk due to
  663  an arthritic, neurological, or orthopedic condition.
  664         2. The certification of disability which is required under
  665  subparagraph 1. must be provided by a physician licensed under
  666  chapter 458, chapter 459, or chapter 460, by a podiatric
  667  physician licensed under chapter 461, by an optometrist licensed
  668  under chapter 463, by an advanced practice registered nurse
  669  advanced registered nurse practitioner licensed under chapter
  670  464 under the protocol of a licensed physician as stated in this
  671  subparagraph, by a physician assistant licensed under chapter
  672  458 or chapter 459, or by a similarly licensed physician from
  673  another state if the application is accompanied by documentation
  674  of the physician’s licensure in the other state and a form
  675  signed by the out-of-state physician verifying his or her
  676  knowledge of this state’s eligibility guidelines.
  677         Section 15. Paragraph (c) of subsection (1) of section
  678  381.00315, Florida Statutes, is amended to read:
  679         381.00315 Public health advisories; public health
  680  emergencies; isolation and quarantines.—The State Health Officer
  681  is responsible for declaring public health emergencies, issuing
  682  public health advisories, and ordering isolation or quarantines.
  683         (1) As used in this section, the term:
  684         (c) “Public health emergency” means any occurrence, or
  685  threat thereof, whether natural or manmade, which results or may
  686  result in substantial injury or harm to the public health from
  687  infectious disease, chemical agents, nuclear agents, biological
  688  toxins, or situations involving mass casualties or natural
  689  disasters. Before declaring a public health emergency, the State
  690  Health Officer shall, to the extent possible, consult with the
  691  Governor and shall notify the Chief of Domestic Security. The
  692  declaration of a public health emergency shall continue until
  693  the State Health Officer finds that the threat or danger has
  694  been dealt with to the extent that the emergency conditions no
  695  longer exist and he or she terminates the declaration. However,
  696  a declaration of a public health emergency may not continue for
  697  longer than 60 days unless the Governor concurs in the renewal
  698  of the declaration. The State Health Officer, upon declaration
  699  of a public health emergency, may take actions that are
  700  necessary to protect the public health. Such actions include,
  701  but are not limited to:
  702         1. Directing manufacturers of prescription drugs or over
  703  the-counter drugs who are permitted under chapter 499 and
  704  wholesalers of prescription drugs located in this state who are
  705  permitted under chapter 499 to give priority to the shipping of
  706  specified drugs to pharmacies and health care providers within
  707  geographic areas that have been identified by the State Health
  708  Officer. The State Health Officer must identify the drugs to be
  709  shipped. Manufacturers and wholesalers located in the state must
  710  respond to the State Health Officer’s priority shipping
  711  directive before shipping the specified drugs.
  712         2. Notwithstanding chapters 465 and 499 and rules adopted
  713  thereunder, directing pharmacists employed by the department to
  714  compound bulk prescription drugs and provide these bulk
  715  prescription drugs to physicians and nurses of county health
  716  departments or any qualified person authorized by the State
  717  Health Officer for administration to persons as part of a
  718  prophylactic or treatment regimen.
  719         3. Notwithstanding s. 456.036, temporarily reactivating the
  720  inactive license of the following health care practitioners,
  721  when such practitioners are needed to respond to the public
  722  health emergency: physicians licensed under chapter 458 or
  723  chapter 459; physician assistants licensed under chapter 458 or
  724  chapter 459; licensed practical nurses, registered nurses, and
  725  advanced practice registered nurses advanced registered nurse
  726  practitioners licensed under part I of chapter 464; respiratory
  727  therapists licensed under part V of chapter 468; and emergency
  728  medical technicians and paramedics certified under part III of
  729  chapter 401. Only those health care practitioners specified in
  730  this paragraph who possess an unencumbered inactive license and
  731  who request that such license be reactivated are eligible for
  732  reactivation. An inactive license that is reactivated under this
  733  paragraph shall return to inactive status when the public health
  734  emergency ends or before the end of the public health emergency
  735  if the State Health Officer determines that the health care
  736  practitioner is no longer needed to provide services during the
  737  public health emergency. Such licenses may only be reactivated
  738  for a period not to exceed 90 days without meeting the
  739  requirements of s. 456.036 or chapter 401, as applicable.
  740         4. Ordering an individual to be examined, tested,
  741  vaccinated, treated, isolated, or quarantined for communicable
  742  diseases that have significant morbidity or mortality and
  743  present a severe danger to public health. Individuals who are
  744  unable or unwilling to be examined, tested, vaccinated, or
  745  treated for reasons of health, religion, or conscience may be
  746  subjected to isolation or quarantine.
  747         a. Examination, testing, vaccination, or treatment may be
  748  performed by any qualified person authorized by the State Health
  749  Officer.
  750         b. If the individual poses a danger to the public health,
  751  the State Health Officer may subject the individual to isolation
  752  or quarantine. If there is no practical method to isolate or
  753  quarantine the individual, the State Health Officer may use any
  754  means necessary to vaccinate or treat the individual.
  755  
  756  Any order of the State Health Officer given to effectuate this
  757  paragraph shall be immediately enforceable by a law enforcement
  758  officer under s. 381.0012.
  759         Section 16. Subsection (3) of section 381.00593, Florida
  760  Statutes, is amended to read:
  761         381.00593 Public school volunteer health care practitioner
  762  program.—
  763         (3) For purposes of this section, the term “health care
  764  practitioner” means a physician licensed under chapter 458; an
  765  osteopathic physician licensed under chapter 459; a chiropractic
  766  physician licensed under chapter 460; a podiatric physician
  767  licensed under chapter 461; an optometrist licensed under
  768  chapter 463; an advanced practice registered nurse advanced
  769  registered nurse practitioner, registered nurse, or licensed
  770  practical nurse licensed under part I of chapter 464; a
  771  pharmacist licensed under chapter 465; a dentist or dental
  772  hygienist licensed under chapter 466; a midwife licensed under
  773  chapter 467; a speech-language pathologist or audiologist
  774  licensed under part I of chapter 468; a dietitian/nutritionist
  775  licensed under part X of chapter 468; or a physical therapist
  776  licensed under chapter 486.
  777         Section 17. Paragraph (c) of subsection (1) of section
  778  383.14, Florida Statutes, is amended to read:
  779         383.14 Screening for metabolic disorders, other hereditary
  780  and congenital disorders, and environmental risk factors.—
  781         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  782  maternal and child health care system, the Department of Health
  783  shall promote the screening of all newborns born in Florida for
  784  metabolic, hereditary, and congenital disorders known to result
  785  in significant impairment of health or intellect, as screening
  786  programs accepted by current medical practice become available
  787  and practical in the judgment of the department. The department
  788  shall also promote the identification and screening of all
  789  newborns in this state and their families for environmental risk
  790  factors such as low income, poor education, maternal and family
  791  stress, emotional instability, substance abuse, and other high
  792  risk conditions associated with increased risk of infant
  793  mortality and morbidity to provide early intervention,
  794  remediation, and prevention services, including, but not limited
  795  to, parent support and training programs, home visitation, and
  796  case management. Identification, perinatal screening, and
  797  intervention efforts shall begin prior to and immediately
  798  following the birth of the child by the attending health care
  799  provider. Such efforts shall be conducted in hospitals,
  800  perinatal centers, county health departments, school health
  801  programs that provide prenatal care, and birthing centers, and
  802  reported to the Office of Vital Statistics.
  803         (c) Release of screening results.—Notwithstanding any law
  804  to the contrary, the State Public Health Laboratory may release,
  805  directly or through the Children’s Medical Services program, the
  806  results of a newborn’s hearing and metabolic tests or screenings
  807  to the newborn’s health care practitioner, the newborn’s parent
  808  or legal guardian, the newborn’s personal representative, or a
  809  person designated by the newborn’s parent or legal guardian. As
  810  used in this paragraph, the term “health care practitioner”
  811  means a physician or physician assistant licensed under chapter
  812  458; an osteopathic physician or physician assistant licensed
  813  under chapter 459; an advanced practice registered nurse
  814  advanced registered nurse practitioner, registered nurse, or
  815  licensed practical nurse licensed under part I of chapter 464; a
  816  midwife licensed under chapter 467; a speech-language
  817  pathologist or audiologist licensed under part I of chapter 468;
  818  or a dietician or nutritionist licensed under part X of chapter
  819  468.
  820         Section 18. Paragraph (c) of subsection (1) of section
  821  383.141, Florida Statutes, is amended to read:
  822         383.141 Prenatally diagnosed conditions; patient to be
  823  provided information; definitions; information clearinghouse;
  824  advisory council.—
  825         (1) As used in this section, the term:
  826         (c) “Health care provider” means a practitioner licensed or
  827  registered under chapter 458 or chapter 459 or an advanced
  828  practice registered nurse licensed advanced registered nurse
  829  practitioner certified under chapter 464.
  830         Section 19. Paragraph (a) of subsection (7) of section
  831  384.27, Florida Statutes, is amended to read:
  832         384.27 Physical examination and treatment.—
  833         (7)(a) A health care practitioner licensed under chapter
  834  458, or chapter 459, or certified under s. 464.012 may provide
  835  expedited partner therapy if the following requirements are met:
  836         1. The patient has a laboratory-confirmed or suspected
  837  clinical diagnosis of a sexually transmissible disease.
  838         2. The patient indicates that he or she has a partner with
  839  whom he or she engaged in sexual activity before the diagnosis
  840  of the sexually transmissible disease.
  841         3. The patient indicates that his or her partner is unable
  842  or unlikely to seek clinical services in a timely manner.
  843         Section 20. Paragraph (a) of subsection (3) of section
  844  390.0111, Florida Statutes, is amended to read:
  845         390.0111 Termination of pregnancies.—
  846         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
  847  be performed or induced except with the voluntary and informed
  848  written consent of the pregnant woman or, in the case of a
  849  mental incompetent, the voluntary and informed written consent
  850  of her court-appointed guardian.
  851         (a) Except in the case of a medical emergency, consent to a
  852  termination of pregnancy is voluntary and informed only if:
  853         1. The physician who is to perform the procedure, or the
  854  referring physician, has, at a minimum, orally, while physically
  855  present in the same room, and at least 24 hours before the
  856  procedure, informed the woman of:
  857         a. The nature and risks of undergoing or not undergoing the
  858  proposed procedure that a reasonable patient would consider
  859  material to making a knowing and willful decision of whether to
  860  terminate a pregnancy.
  861         b. The probable gestational age of the fetus, verified by
  862  an ultrasound, at the time the termination of pregnancy is to be
  863  performed.
  864         (I) The ultrasound must be performed by the physician who
  865  is to perform the abortion or by a person having documented
  866  evidence that he or she has completed a course in the operation
  867  of ultrasound equipment as prescribed by rule and who is working
  868  in conjunction with the physician.
  869         (II) The person performing the ultrasound must offer the
  870  woman the opportunity to view the live ultrasound images and
  871  hear an explanation of them. If the woman accepts the
  872  opportunity to view the images and hear the explanation, a
  873  physician or a registered nurse, licensed practical nurse,
  874  advanced practice registered nurse advanced registered nurse
  875  practitioner, or physician assistant working in conjunction with
  876  the physician must contemporaneously review and explain the
  877  images to the woman before the woman gives informed consent to
  878  having an abortion procedure performed.
  879         (III) The woman has a right to decline to view and hear the
  880  explanation of the live ultrasound images after she is informed
  881  of her right and offered an opportunity to view the images and
  882  hear the explanation. If the woman declines, the woman shall
  883  complete a form acknowledging that she was offered an
  884  opportunity to view and hear the explanation of the images but
  885  that she declined that opportunity. The form must also indicate
  886  that the woman’s decision was not based on any undue influence
  887  from any person to discourage her from viewing the images or
  888  hearing the explanation and that she declined of her own free
  889  will.
  890         (IV) Unless requested by the woman, the person performing
  891  the ultrasound may not offer the opportunity to view the images
  892  and hear the explanation and the explanation may not be given
  893  if, at the time the woman schedules or arrives for her
  894  appointment to obtain an abortion, a copy of a restraining
  895  order, police report, medical record, or other court order or
  896  documentation is presented which provides evidence that the
  897  woman is obtaining the abortion because the woman is a victim of
  898  rape, incest, domestic violence, or human trafficking or that
  899  the woman has been diagnosed as having a condition that, on the
  900  basis of a physician’s good faith clinical judgment, would
  901  create a serious risk of substantial and irreversible impairment
  902  of a major bodily function if the woman delayed terminating her
  903  pregnancy.
  904         c. The medical risks to the woman and fetus of carrying the
  905  pregnancy to term.
  906  
  907  The physician may provide the information required in this
  908  subparagraph within 24 hours before the procedure if requested
  909  by the woman at the time she schedules or arrives for her
  910  appointment to obtain an abortion and if she presents to the
  911  physician a copy of a restraining order, police report, medical
  912  record, or other court order or documentation evidencing that
  913  she is obtaining the abortion because she is a victim of rape,
  914  incest, domestic violence, or human trafficking.
  915         2. Printed materials prepared and provided by the
  916  department have been provided to the pregnant woman, if she
  917  chooses to view these materials, including:
  918         a. A description of the fetus, including a description of
  919  the various stages of development.
  920         b. A list of entities that offer alternatives to
  921  terminating the pregnancy.
  922         c. Detailed information on the availability of medical
  923  assistance benefits for prenatal care, childbirth, and neonatal
  924  care.
  925         3. The woman acknowledges in writing, before the
  926  termination of pregnancy, that the information required to be
  927  provided under this subsection has been provided.
  928  
  929  Nothing in this paragraph is intended to prohibit a physician
  930  from providing any additional information which the physician
  931  deems material to the woman’s informed decision to terminate her
  932  pregnancy.
  933         Section 21. Paragraphs (c), (e), and (f) of subsection (3)
  934  of section 390.012, Florida Statutes, are amended to read:
  935         390.012 Powers of agency; rules; disposal of fetal
  936  remains.—
  937         (3) For clinics that perform or claim to perform abortions
  938  after the first trimester of pregnancy, the agency shall adopt
  939  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  940  provisions of this chapter, including the following:
  941         (c) Rules relating to abortion clinic personnel. At a
  942  minimum, these rules shall require that:
  943         1. The abortion clinic designate a medical director who is
  944  licensed to practice medicine in this state, and all physicians
  945  who perform abortions in the clinic have admitting privileges at
  946  a hospital within reasonable proximity to the clinic, unless the
  947  clinic has a written patient transfer agreement with a hospital
  948  within reasonable proximity to the clinic which includes the
  949  transfer of the patient’s medical records held by both the
  950  clinic and the treating physician.
  951         2. If a physician is not present after an abortion is
  952  performed, a registered nurse, licensed practical nurse,
  953  advanced practice registered nurse advanced registered nurse
  954  practitioner, or physician assistant be present and remain at
  955  the clinic to provide postoperative monitoring and care until
  956  the patient is discharged.
  957         3. Surgical assistants receive training in counseling,
  958  patient advocacy, and the specific responsibilities associated
  959  with the services the surgical assistants provide.
  960         4. Volunteers receive training in the specific
  961  responsibilities associated with the services the volunteers
  962  provide, including counseling and patient advocacy as provided
  963  in the rules adopted by the director for different types of
  964  volunteers based on their responsibilities.
  965         (e) Rules relating to the abortion procedure. At a minimum,
  966  these rules shall require:
  967         1. That a physician, registered nurse, licensed practical
  968  nurse, advanced practice registered nurse advanced registered
  969  nurse practitioner, or physician assistant is available to all
  970  patients throughout the abortion procedure.
  971         2. Standards for the safe conduct of abortion procedures
  972  that conform to obstetric standards in keeping with established
  973  standards of care regarding the estimation of fetal age as
  974  defined in rule.
  975         3. Appropriate use of general and local anesthesia,
  976  analgesia, and sedation if ordered by the physician.
  977         4. Appropriate precautions, such as the establishment of
  978  intravenous access at least for patients undergoing post-first
  979  trimester abortions.
  980         5. Appropriate monitoring of the vital signs and other
  981  defined signs and markers of the patient’s status throughout the
  982  abortion procedure and during the recovery period until the
  983  patient’s condition is deemed to be stable in the recovery room.
  984         (f) Rules that prescribe minimum recovery room standards.
  985  At a minimum, these rules must require that:
  986         1. Postprocedure recovery rooms be supervised and staffed
  987  to meet the patients’ needs.
  988         2. Immediate postprocedure care consist of observation in a
  989  supervised recovery room for as long as the patient’s condition
  990  warrants.
  991         3. A registered nurse, licensed practical nurse, advanced
  992  practice registered nurse advanced registered nurse
  993  practitioner, or physician assistant who is trained in the
  994  management of the recovery area and is capable of providing
  995  basic cardiopulmonary resuscitation and related emergency
  996  procedures remain on the premises of the abortion clinic until
  997  all patients are discharged.
  998         4. A physician sign the discharge order and be readily
  999  accessible and available until the last patient is discharged to
 1000  facilitate the transfer of emergency cases if hospitalization of
 1001  the patient or viable fetus is necessary.
 1002         5. A physician discuss Rho(D) immune globulin with each
 1003  patient for whom it is indicated and ensure that it is offered
 1004  to the patient in the immediate postoperative period or will be
 1005  available to her within 72 hours after completion of the
 1006  abortion procedure. If the patient refuses the Rho(D) immune
 1007  globulin, she and a witness must sign a refusal form approved by
 1008  the agency which must be included in the medical record.
 1009         6. Written instructions with regard to postabortion coitus,
 1010  signs of possible problems, and general aftercare which are
 1011  specific to the patient be given to each patient. The
 1012  instructions must include information regarding access to
 1013  medical care for complications, including a telephone number for
 1014  use in the event of a medical emergency.
 1015         7. A minimum length of time be specified, by type of
 1016  abortion procedure and duration of gestation, during which a
 1017  patient must remain in the recovery room.
 1018         8. The physician ensure that, with the patient’s consent, a
 1019  registered nurse, licensed practical nurse, advanced practice
 1020  registered nurse advanced registered nurse practitioner, or
 1021  physician assistant from the abortion clinic makes a good faith
 1022  effort to contact the patient by telephone within 24 hours after
 1023  surgery to assess the patient’s recovery.
 1024         9. Equipment and services be readily accessible to provide
 1025  appropriate emergency resuscitative and life support procedures
 1026  pending the transfer of the patient or viable fetus to the
 1027  hospital.
 1028         Section 22. Subsections (35) and (44) of section 394.455,
 1029  Florida Statutes, are amended to read:
 1030         394.455 Definitions.—As used in this part, the term:
 1031         (35) “Psychiatric nurse” means an advanced practice
 1032  registered nurse licensed advanced registered nurse practitioner
 1033  certified under s. 464.012 who has a master’s or doctoral degree
 1034  in psychiatric nursing, holds a national advanced practice
 1035  certification as a psychiatric mental health advanced practice
 1036  nurse, and has 2 years of post-master’s clinical experience
 1037  under the supervision of a physician.
 1038         (44) “Service provider” means a receiving facility, a
 1039  facility licensed under chapter 397, a treatment facility, an
 1040  entity under contract with the department to provide mental
 1041  health or substance abuse services, a community mental health
 1042  center or clinic, a psychologist, a clinical social worker, a
 1043  marriage and family therapist, a mental health counselor, a
 1044  physician, a psychiatrist, an advanced practice registered nurse
 1045  advanced registered nurse practitioner, a psychiatric nurse, or
 1046  a qualified professional as defined in s. 39.01.
 1047         Section 23. Paragraphs (a) and (b) of subsection (2) and
 1048  subsection (4) of section 395.0191, Florida Statutes, are
 1049  amended to read:
 1050         395.0191 Staff membership and clinical privileges.—
 1051         (2)(a) Each licensed facility shall establish rules and
 1052  procedures for consideration of an application for clinical
 1053  privileges submitted by an advanced practice registered nurse
 1054  advanced registered nurse practitioner licensed and certified
 1055  under part I of chapter 464, in accordance with the provisions
 1056  of this section. No licensed facility shall deny such
 1057  application solely because the applicant is licensed under part
 1058  I of chapter 464 or because the applicant is not a participant
 1059  in the Florida Birth-Related Neurological Injury Compensation
 1060  Plan.
 1061         (b) An advanced practice registered nurse advanced
 1062  registered nurse practitioner who is certified as a registered
 1063  nurse anesthetist licensed under part I of chapter 464 shall
 1064  administer anesthesia under the onsite medical direction of a
 1065  professional licensed under chapter 458, chapter 459, or chapter
 1066  466, and in accordance with an established protocol approved by
 1067  the medical staff. The medical direction shall specifically
 1068  address the needs of the individual patient.
 1069         (4) Nothing herein shall restrict in any way the authority
 1070  of the medical staff of a licensed facility to review for
 1071  approval or disapproval all applications for appointment and
 1072  reappointment to all categories of staff and to make
 1073  recommendations on each applicant to the governing board,
 1074  including the delineation of privileges to be granted in each
 1075  case. In making such recommendations and in the delineation of
 1076  privileges, each applicant shall be considered individually
 1077  pursuant to criteria for a doctor licensed under chapter 458,
 1078  chapter 459, chapter 461, or chapter 466, or for an advanced
 1079  practice registered nurse advanced registered nurse practitioner
 1080  licensed and certified under part I of chapter 464, or for a
 1081  psychologist licensed under chapter 490, as applicable. The
 1082  applicant’s eligibility for staff membership or clinical
 1083  privileges shall be determined by the applicant’s background,
 1084  experience, health, training, and demonstrated competency; the
 1085  applicant’s adherence to applicable professional ethics; the
 1086  applicant’s reputation; and the applicant’s ability to work with
 1087  others and by such other elements as determined by the governing
 1088  board, consistent with this part.
 1089         Section 24. Subsection (34) of section 397.311, Florida
 1090  Statutes, is amended to read:
 1091         397.311 Definitions.—As used in this chapter, except part
 1092  VIII, the term:
 1093         (34) “Qualified professional” means a physician or a
 1094  physician assistant licensed under chapter 458 or chapter 459; a
 1095  professional licensed under chapter 490 or chapter 491; an
 1096  advanced practice registered nurse advanced registered nurse
 1097  practitioner licensed under part I of chapter 464; or a person
 1098  who is certified through a department-recognized certification
 1099  process for substance abuse treatment services and who holds, at
 1100  a minimum, a bachelor’s degree. A person who is certified in
 1101  substance abuse treatment services by a state-recognized
 1102  certification process in another state at the time of employment
 1103  with a licensed substance abuse provider in this state may
 1104  perform the functions of a qualified professional as defined in
 1105  this chapter but must meet certification requirements contained
 1106  in this subsection no later than 1 year after his or her date of
 1107  employment.
 1108         Section 25. Section 397.4012, Florida Statutes, is amended
 1109  to read:
 1110         397.4012 Exemptions from licensure.—The following are
 1111  exempt from the licensing provisions of this chapter:
 1112         (1) A hospital or hospital-based component licensed under
 1113  chapter 395.
 1114         (2) A nursing home facility as defined in s. 400.021.
 1115         (3) A substance abuse education program established
 1116  pursuant to s. 1003.42.
 1117         (4) A facility or institution operated by the Federal
 1118  Government.
 1119         (5) A physician or physician assistant licensed under
 1120  chapter 458 or chapter 459.
 1121         (6) A psychologist licensed under chapter 490.
 1122         (7) A social worker, marriage and family therapist, or
 1123  mental health counselor licensed under chapter 491.
 1124         (8) A legally cognizable church or nonprofit religious
 1125  organization or denomination providing substance abuse services,
 1126  including prevention services, which are solely religious,
 1127  spiritual, or ecclesiastical in nature. A church or nonprofit
 1128  religious organization or denomination providing any of the
 1129  licensed service components itemized under s. 397.311(26) is not
 1130  exempt from substance abuse licensure but retains its exemption
 1131  with respect to all services which are solely religious,
 1132  spiritual, or ecclesiastical in nature.
 1133         (9) Facilities licensed under chapter 393 which, in
 1134  addition to providing services to persons with developmental
 1135  disabilities, also provide services to persons developmentally
 1136  at risk as a consequence of exposure to alcohol or other legal
 1137  or illegal drugs while in utero.
 1138         (10) DUI education and screening services provided pursuant
 1139  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
 1140  or entities providing treatment services must be licensed under
 1141  this chapter unless exempted from licensing as provided in this
 1142  section.
 1143         (11) A facility licensed under s. 394.875 as a crisis
 1144  stabilization unit.
 1145  
 1146  The exemptions from licensure in this section do not apply to
 1147  any service provider that receives an appropriation, grant, or
 1148  contract from the state to operate as a service provider as
 1149  defined in this chapter or to any substance abuse program
 1150  regulated pursuant to s. 397.4014. Furthermore, this chapter may
 1151  not be construed to limit the practice of a physician or
 1152  physician assistant licensed under chapter 458 or chapter 459, a
 1153  psychologist licensed under chapter 490, a psychotherapist
 1154  licensed under chapter 491, or an advanced practice registered
 1155  nurse advanced registered nurse practitioner licensed under part
 1156  I of chapter 464, who provides substance abuse treatment, so
 1157  long as the physician, physician assistant, psychologist,
 1158  psychotherapist, or advanced practice registered nurse advanced
 1159  registered nurse practitioner does not represent to the public
 1160  that he or she is a licensed service provider and does not
 1161  provide services to individuals pursuant to part V of this
 1162  chapter. Failure to comply with any requirement necessary to
 1163  maintain an exempt status under this section is a misdemeanor of
 1164  the first degree, punishable as provided in s. 775.082 or s.
 1165  775.083.
 1166         Section 26. Subsections (4), (7), and (8) of section
 1167  397.427, Florida Statutes, are amended to read:
 1168         397.427 Medication-assisted treatment service providers;
 1169  rehabilitation program; needs assessment and provision of
 1170  services; persons authorized to issue takeout medication;
 1171  unlawful operation; penalty.—
 1172         (4) Notwithstanding s. 465.019(2), a physician assistant, a
 1173  registered nurse, an advanced practice registered nurse advanced
 1174  registered nurse practitioner, or a licensed practical nurse
 1175  working for a licensed service provider may deliver takeout
 1176  medication for opiate treatment to persons enrolled in a
 1177  maintenance treatment program for medication-assisted treatment
 1178  for opiate addiction if:
 1179         (a) The medication-assisted treatment program for opiate
 1180  addiction has an appropriate valid permit issued pursuant to
 1181  rules adopted by the Board of Pharmacy;
 1182         (b) The medication for treatment of opiate addiction has
 1183  been delivered pursuant to a valid prescription written by the
 1184  program’s physician licensed pursuant to chapter 458 or chapter
 1185  459;
 1186         (c) The medication for treatment of opiate addiction which
 1187  is ordered appears on a formulary and is prepackaged and
 1188  prelabeled with dosage instructions and distributed from a
 1189  source authorized under chapter 499;
 1190         (d) Each licensed provider adopts written protocols which
 1191  provide for supervision of the physician assistant, registered
 1192  nurse, advanced practice registered nurse advanced registered
 1193  nurse practitioner, or licensed practical nurse by a physician
 1194  licensed pursuant to chapter 458 or chapter 459 and for the
 1195  procedures by which patients’ medications may be delivered by
 1196  the physician assistant, registered nurse, advanced practice
 1197  registered nurse advanced registered nurse practitioner, or
 1198  licensed practical nurse. Such protocols shall be signed by the
 1199  supervising physician and either the administering registered
 1200  nurse, the advanced practice registered nurse advanced
 1201  registered nurse practitioner, or the licensed practical nurse.
 1202         (e) Each licensed service provider maintains and has
 1203  available for inspection by representatives of the Board of
 1204  Pharmacy all medical records and patient care protocols,
 1205  including records of medications delivered to patients, in
 1206  accordance with the board.
 1207         (7) A physician assistant, a registered nurse, an advanced
 1208  practice registered nurse advanced registered nurse
 1209  practitioner, or a licensed practical nurse working for a
 1210  licensed service provider may deliver medication as prescribed
 1211  by rule if:
 1212         (a) The service provider is authorized to provide
 1213  medication-assisted treatment;
 1214         (b) The medication has been administered pursuant to a
 1215  valid prescription written by the program’s physician who is
 1216  licensed under chapter 458 or chapter 459; and
 1217         (c) The medication ordered appears on a formulary or meets
 1218  federal requirements for medication-assisted treatment.
 1219         (8) Each licensed service provider that provides
 1220  medication-assisted treatment must adopt written protocols as
 1221  specified by the department and in accordance with federally
 1222  required rules, regulations, or procedures. The protocol shall
 1223  provide for the supervision of the physician assistant,
 1224  registered nurse, advanced practice registered nurse advanced
 1225  registered nurse practitioner, or licensed practical nurse
 1226  working under the supervision of a physician who is licensed
 1227  under chapter 458 or chapter 459. The protocol must specify how
 1228  the medication will be used in conjunction with counseling or
 1229  psychosocial treatment and that the services provided will be
 1230  included on the treatment plan. The protocol must specify the
 1231  procedures by which medication-assisted treatment may be
 1232  administered by the physician assistant, registered nurse,
 1233  advanced practice registered nurse advanced registered nurse
 1234  practitioner, or licensed practical nurse. These protocols shall
 1235  be signed by the supervising physician and the administering
 1236  physician assistant, registered nurse, advanced practice
 1237  registered nurse advanced registered nurse practitioner, or
 1238  licensed practical nurse.
 1239         Section 27. Section 397.679, Florida Statutes, is amended
 1240  to read:
 1241         397.679 Emergency admission; circumstances justifying.—A
 1242  person who meets the criteria for involuntary admission in s.
 1243  397.675 may be admitted to a hospital or to a licensed
 1244  detoxification facility or addictions receiving facility for
 1245  emergency assessment and stabilization, or to a less intensive
 1246  component of a licensed service provider for assessment only,
 1247  upon receipt by the facility of a certificate by a physician, an
 1248  advanced practice registered nurse advanced registered nurse
 1249  practitioner, a psychiatric nurse, a clinical psychologist, a
 1250  clinical social worker, a marriage and family therapist, a
 1251  mental health counselor, a physician assistant working under the
 1252  scope of practice of the supervising physician, or a master’s
 1253  level-certified addictions professional for substance abuse
 1254  services, if the certificate is specific to substance abuse
 1255  impairment, and the completion of an application for emergency
 1256  admission.
 1257         Section 28. Subsection (1) of section 397.6793, Florida
 1258  Statutes, is amended to read:
 1259         397.6793 Professional’s certificate for emergency
 1260  admission.—
 1261         (1) A physician, a clinical psychologist, a physician
 1262  assistant working under the scope of practice of the supervising
 1263  physician, a psychiatric nurse, an advanced practice registered
 1264  nurse advanced registered nurse practitioner, a mental health
 1265  counselor, a marriage and family therapist, a master’s-level
 1266  certified addictions professional for substance abuse services,
 1267  or a clinical social worker may execute a professional’s
 1268  certificate for emergency admission. The professional’s
 1269  certificate must include the name of the person to be admitted,
 1270  the relationship between the person and the professional
 1271  executing the certificate, the relationship between the
 1272  applicant and the professional, any relationship between the
 1273  professional and the licensed service provider, a statement that
 1274  the person has been examined and assessed within the preceding 5
 1275  days after the application date, and factual allegations with
 1276  respect to the need for emergency admission, including:
 1277         (a) The reason for the belief that the person is substance
 1278  abuse impaired;
 1279         (b) The reason for the belief that because of such
 1280  impairment the person has lost the power of self-control with
 1281  respect to substance abuse; and
 1282         (c)1. The reason for the belief that, without care or
 1283  treatment, the person is likely to suffer from neglect or refuse
 1284  to care for himself or herself; that such neglect or refusal
 1285  poses a real and present threat of substantial harm to his or
 1286  her well-being; and that it is not apparent that such harm may
 1287  be avoided through the help of willing family members or friends
 1288  or the provision of other services, or there is substantial
 1289  likelihood that the person has inflicted or, unless admitted, is
 1290  likely to inflict, physical harm on himself, herself, or
 1291  another; or
 1292         2. The reason for the belief that the person’s refusal to
 1293  voluntarily receive care is based on judgment so impaired by
 1294  reason of substance abuse that the person is incapable of
 1295  appreciating his or her need for care and of making a rational
 1296  decision regarding his or her need for care.
 1297         Section 29. Subsection (8) of section 400.021, Florida
 1298  Statutes, is amended to read:
 1299         400.021 Definitions.—When used in this part, unless the
 1300  context otherwise requires, the term:
 1301         (8) “Geriatric outpatient clinic” means a site for
 1302  providing outpatient health care to persons 60 years of age or
 1303  older, which is staffed by a registered nurse, a physician
 1304  assistant, or a licensed practical nurse under the direct
 1305  supervision of a registered nurse, advanced practice registered
 1306  nurse advanced registered nurse practitioner, physician
 1307  assistant, or physician.
 1308         Section 30. Subsection (3) of section 400.462, Florida
 1309  Statutes, is amended to read:
 1310         400.462 Definitions.—As used in this part, the term:
 1311         (3) “Advanced practice registered nurse “Advanced
 1312  registered nurse practitioner” means a person licensed in this
 1313  state to practice professional nursing and certified in advanced
 1314  or specialized nursing practice, as defined in s. 464.003.
 1315         Section 31. Section 400.487, Florida Statutes, is amended
 1316  to read:
 1317         400.487 Home health service agreements; physician’s,
 1318  physician assistant’s, and advanced practice registered nurse’s
 1319  advanced registered nurse practitioner’s treatment orders;
 1320  patient assessment; establishment and review of plan of care;
 1321  provision of services; orders not to resuscitate.—
 1322         (1) Services provided by a home health agency must be
 1323  covered by an agreement between the home health agency and the
 1324  patient or the patient’s legal representative specifying the
 1325  home health services to be provided, the rates or charges for
 1326  services paid with private funds, and the sources of payment,
 1327  which may include Medicare, Medicaid, private insurance,
 1328  personal funds, or a combination thereof. A home health agency
 1329  providing skilled care must make an assessment of the patient’s
 1330  needs within 48 hours after the start of services.
 1331         (2) When required by the provisions of chapter 464; part I,
 1332  part III, or part V of chapter 468; or chapter 486, the
 1333  attending physician, physician assistant, or advanced practice
 1334  registered nurse advanced registered nurse practitioner, acting
 1335  within his or her respective scope of practice, shall establish
 1336  treatment orders for a patient who is to receive skilled care.
 1337  The treatment orders must be signed by the physician, physician
 1338  assistant, or advanced practice registered nurse advanced
 1339  registered nurse practitioner before a claim for payment for the
 1340  skilled services is submitted by the home health agency. If the
 1341  claim is submitted to a managed care organization, the treatment
 1342  orders must be signed within the time allowed under the provider
 1343  agreement. The treatment orders shall be reviewed, as frequently
 1344  as the patient’s illness requires, by the physician, physician
 1345  assistant, or advanced practice registered nurse advanced
 1346  registered nurse practitioner in consultation with the home
 1347  health agency.
 1348         (3) A home health agency shall arrange for supervisory
 1349  visits by a registered nurse to the home of a patient receiving
 1350  home health aide services in accordance with the patient’s
 1351  direction, approval, and agreement to pay the charge for the
 1352  visits.
 1353         (4) Each patient has the right to be informed of and to
 1354  participate in the planning of his or her care. Each patient
 1355  must be provided, upon request, a copy of the plan of care
 1356  established and maintained for that patient by the home health
 1357  agency.
 1358         (5) When nursing services are ordered, the home health
 1359  agency to which a patient has been admitted for care must
 1360  provide the initial admission visit, all service evaluation
 1361  visits, and the discharge visit by a direct employee. Services
 1362  provided by others under contractual arrangements to a home
 1363  health agency must be monitored and managed by the admitting
 1364  home health agency. The admitting home health agency is fully
 1365  responsible for ensuring that all care provided through its
 1366  employees or contract staff is delivered in accordance with this
 1367  part and applicable rules.
 1368         (6) The skilled care services provided by a home health
 1369  agency, directly or under contract, must be supervised and
 1370  coordinated in accordance with the plan of care.
 1371         (7) Home health agency personnel may withhold or withdraw
 1372  cardiopulmonary resuscitation if presented with an order not to
 1373  resuscitate executed pursuant to s. 401.45. The agency shall
 1374  adopt rules providing for the implementation of such orders.
 1375  Home health personnel and agencies shall not be subject to
 1376  criminal prosecution or civil liability, nor be considered to
 1377  have engaged in negligent or unprofessional conduct, for
 1378  withholding or withdrawing cardiopulmonary resuscitation
 1379  pursuant to such an order and rules adopted by the agency.
 1380         Section 32. Paragraph (a) of subsection (13) of section
 1381  400.506, Florida Statutes, is amended to read:
 1382         400.506 Licensure of nurse registries; requirements;
 1383  penalties.—
 1384         (13) All persons referred for contract in private
 1385  residences by a nurse registry must comply with the following
 1386  requirements for a plan of treatment:
 1387         (a) When, in accordance with the privileges and
 1388  restrictions imposed upon a nurse under part I of chapter 464,
 1389  the delivery of care to a patient is under the direction or
 1390  supervision of a physician or when a physician is responsible
 1391  for the medical care of the patient, a medical plan of treatment
 1392  must be established for each patient receiving care or treatment
 1393  provided by a licensed nurse in the home. The original medical
 1394  plan of treatment must be timely signed by the physician,
 1395  physician assistant, or advanced practice registered nurse
 1396  advanced registered nurse practitioner, acting within his or her
 1397  respective scope of practice, and reviewed in consultation with
 1398  the licensed nurse at least every 2 months. Any additional order
 1399  or change in orders must be obtained from the physician,
 1400  physician assistant, or advanced practice registered nurse
 1401  advanced registered nurse practitioner and reduced to writing
 1402  and timely signed by the physician, physician assistant, or
 1403  advanced practice registered nurse advanced registered nurse
 1404  practitioner. The delivery of care under a medical plan of
 1405  treatment must be substantiated by the appropriate nursing notes
 1406  or documentation made by the nurse in compliance with nursing
 1407  practices established under part I of chapter 464.
 1408         Section 33. Subsections (5) and (7) of section 400.9973,
 1409  Florida Statutes, are amended to read:
 1410         400.9973 Client admission, transfer, and discharge.—
 1411         (5) A client admitted to a transitional living facility
 1412  must be admitted upon prescription by a licensed physician,
 1413  physician assistant, or advanced practice registered nurse
 1414  advanced registered nurse practitioner and must remain under the
 1415  care of a licensed physician, physician assistant, or advanced
 1416  practice registered nurse advanced registered nurse practitioner
 1417  for the duration of the client’s stay in the facility.
 1418         (7) A person may not be admitted to a transitional living
 1419  facility if the person:
 1420         (a) Presents significant risk of infection to other clients
 1421  or personnel. A health care practitioner must provide
 1422  documentation that the person is free of apparent signs and
 1423  symptoms of communicable disease;
 1424         (b) Is a danger to himself or herself or others as
 1425  determined by a physician, physician assistant, advanced
 1426  practice registered nurse, or advanced registered nurse
 1427  practitioner or a mental health practitioner licensed under
 1428  chapter 490 or chapter 491, unless the facility provides
 1429  adequate staffing and support to ensure patient safety;
 1430         (c) Is bedridden; or
 1431         (d) Requires 24-hour nursing supervision.
 1432         Section 34. Subsection (1) and paragraphs (a) and (b) of
 1433  subsection (2) of section 400.9974, Florida Statutes, are
 1434  amended to read:
 1435         400.9974 Client comprehensive treatment plans; client
 1436  services.—
 1437         (1) A transitional living facility shall develop a
 1438  comprehensive treatment plan for each client as soon as
 1439  practicable but no later than 30 days after the initial
 1440  comprehensive treatment plan is developed. The comprehensive
 1441  treatment plan must be developed by an interdisciplinary team
 1442  consisting of the case manager, the program director, the
 1443  advanced practice registered nurse advanced registered nurse
 1444  practitioner, and appropriate therapists. The client or, if
 1445  appropriate, the client’s representative must be included in
 1446  developing the comprehensive treatment plan. The comprehensive
 1447  treatment plan must be reviewed and updated if the client fails
 1448  to meet projected improvements outlined in the plan or if a
 1449  significant change in the client’s condition occurs. The
 1450  comprehensive treatment plan must be reviewed and updated at
 1451  least once monthly.
 1452         (2) The comprehensive treatment plan must include:
 1453         (a) Orders obtained from the physician, physician
 1454  assistant, or advanced practice registered nurse advanced
 1455  registered nurse practitioner and the client’s diagnosis,
 1456  medical history, physical examination, and rehabilitative or
 1457  restorative needs.
 1458         (b) A preliminary nursing evaluation, including orders for
 1459  immediate care provided by the physician, physician assistant,
 1460  or advanced practice registered nurse advanced registered nurse
 1461  practitioner, which shall be completed when the client is
 1462  admitted.
 1463         Section 35. Section 400.9976, Florida Statutes, is amended
 1464  to read:
 1465         400.9976 Administration of medication.—
 1466         (1) An individual medication administration record must be
 1467  maintained for each client. A dose of medication, including a
 1468  self-administered dose, shall be properly recorded in the
 1469  client’s record. A client who self-administers medication shall
 1470  be given a pill organizer. Medication must be placed in the pill
 1471  organizer by a nurse. A nurse shall document the date and time
 1472  that medication is placed into each client’s pill organizer. All
 1473  medications must be administered in compliance with orders of a
 1474  physician, physician assistant, or advanced practice registered
 1475  nurse advanced registered nurse practitioner.
 1476         (2) If an interdisciplinary team determines that self
 1477  administration of medication is an appropriate objective, and if
 1478  the physician, physician assistant, or advanced practice
 1479  registered nurse advanced registered nurse practitioner does not
 1480  specify otherwise, the client must be instructed by the
 1481  physician, physician assistant, or advanced practice registered
 1482  nurse advanced registered nurse practitioner to self-administer
 1483  his or her medication without the assistance of a staff person.
 1484  All forms of self-administration of medication, including
 1485  administration orally, by injection, and by suppository, shall
 1486  be included in the training. The client’s physician, physician
 1487  assistant, or advanced practice registered nurse advanced
 1488  registered nurse practitioner must be informed of the
 1489  interdisciplinary team’s decision that self-administration of
 1490  medication is an objective for the client. A client may not
 1491  self-administer medication until he or she demonstrates the
 1492  competency to take the correct medication in the correct dosage
 1493  at the correct time, to respond to missed doses, and to contact
 1494  the appropriate person with questions.
 1495         (3) Medication administration discrepancies and adverse
 1496  drug reactions must be recorded and reported immediately to a
 1497  physician, physician assistant, or advanced practice registered
 1498  nurse advanced registered nurse practitioner.
 1499         Section 36. Subsections (2) through (5) of section
 1500  400.9979, Florida Statutes, are amended to read:
 1501         400.9979 Restraint and seclusion; client safety.—
 1502         (2) The use of physical restraints must be ordered and
 1503  documented by a physician, physician assistant, or advanced
 1504  practice registered nurse advanced registered nurse practitioner
 1505  and must be consistent with the policies and procedures adopted
 1506  by the facility. The client or, if applicable, the client’s
 1507  representative shall be informed of the facility’s physical
 1508  restraint policies and procedures when the client is admitted.
 1509         (3) The use of chemical restraints shall be limited to
 1510  prescribed dosages of medications as ordered by a physician,
 1511  physician assistant, or advanced practice registered nurse
 1512  advanced registered nurse practitioner and must be consistent
 1513  with the client’s diagnosis and the policies and procedures
 1514  adopted by the facility. The client and, if applicable, the
 1515  client’s representative shall be informed of the facility’s
 1516  chemical restraint policies and procedures when the client is
 1517  admitted.
 1518         (4) Based on the assessment by a physician, physician
 1519  assistant, or advanced practice registered nurse advanced
 1520  registered nurse practitioner, if a client exhibits symptoms
 1521  that present an immediate risk of injury or death to himself or
 1522  herself or others, a physician, physician assistant, or advanced
 1523  practice registered nurse advanced registered nurse practitioner
 1524  may issue an emergency treatment order to immediately administer
 1525  rapid-response psychotropic medications or other chemical
 1526  restraints. Each emergency treatment order must be documented
 1527  and maintained in the client’s record.
 1528         (a) An emergency treatment order is not effective for more
 1529  than 24 hours.
 1530         (b) Whenever a client is medicated under this subsection,
 1531  the client’s representative or a responsible party and the
 1532  client’s physician, physician assistant, or advanced practice
 1533  registered nurse advanced registered nurse practitioner shall be
 1534  notified as soon as practicable.
 1535         (5) A client who is prescribed and receives a medication
 1536  that can serve as a chemical restraint for a purpose other than
 1537  an emergency treatment order must be evaluated by his or her
 1538  physician, physician assistant, or advanced practice registered
 1539  nurse advanced registered nurse practitioner at least monthly to
 1540  assess:
 1541         (a) The continued need for the medication.
 1542         (b) The level of the medication in the client’s blood.
 1543         (c) The need for adjustments to the prescription.
 1544         Section 37. Subsections (1) and (2) of section 401.445,
 1545  Florida Statutes, are amended to read:
 1546         401.445 Emergency examination and treatment of
 1547  incapacitated persons.—
 1548         (1) No recovery shall be allowed in any court in this state
 1549  against any emergency medical technician, paramedic, or
 1550  physician as defined in this chapter, any advanced practice
 1551  registered nurse licensed advanced registered nurse practitioner
 1552  certified under s. 464.012, or any physician assistant licensed
 1553  under s. 458.347 or s. 459.022, or any person acting under the
 1554  direct medical supervision of a physician, in an action brought
 1555  for examining or treating a patient without his or her informed
 1556  consent if:
 1557         (a) The patient at the time of examination or treatment is
 1558  intoxicated, under the influence of drugs, or otherwise
 1559  incapable of providing informed consent as provided in s.
 1560  766.103;
 1561         (b) The patient at the time of examination or treatment is
 1562  experiencing an emergency medical condition; and
 1563         (c) The patient would reasonably, under all the surrounding
 1564  circumstances, undergo such examination, treatment, or procedure
 1565  if he or she were advised by the emergency medical technician,
 1566  paramedic, physician, advanced practice registered nurse
 1567  advanced registered nurse practitioner, or physician assistant
 1568  in accordance with s. 766.103(3).
 1569  
 1570  Examination and treatment provided under this subsection shall
 1571  be limited to reasonable examination of the patient to determine
 1572  the medical condition of the patient and treatment reasonably
 1573  necessary to alleviate the emergency medical condition or to
 1574  stabilize the patient.
 1575         (2) In examining and treating a person who is apparently
 1576  intoxicated, under the influence of drugs, or otherwise
 1577  incapable of providing informed consent, the emergency medical
 1578  technician, paramedic, physician, advanced practice registered
 1579  nurse advanced registered nurse practitioner, or physician
 1580  assistant, or any person acting under the direct medical
 1581  supervision of a physician, shall proceed wherever possible with
 1582  the consent of the person. If the person reasonably appears to
 1583  be incapacitated and refuses his or her consent, the person may
 1584  be examined, treated, or taken to a hospital or other
 1585  appropriate treatment resource if he or she is in need of
 1586  emergency attention, without his or her consent, but
 1587  unreasonable force shall not be used.
 1588         Section 38. Subsection (1) of section 409.905, Florida
 1589  Statutes, is amended to read:
 1590         409.905 Mandatory Medicaid services.—The agency may make
 1591  payments for the following services, which are required of the
 1592  state by Title XIX of the Social Security Act, furnished by
 1593  Medicaid providers to recipients who are determined to be
 1594  eligible on the dates on which the services were provided. Any
 1595  service under this section shall be provided only when medically
 1596  necessary and in accordance with state and federal law.
 1597  Mandatory services rendered by providers in mobile units to
 1598  Medicaid recipients may be restricted by the agency. Nothing in
 1599  this section shall be construed to prevent or limit the agency
 1600  from adjusting fees, reimbursement rates, lengths of stay,
 1601  number of visits, number of services, or any other adjustments
 1602  necessary to comply with the availability of moneys and any
 1603  limitations or directions provided for in the General
 1604  Appropriations Act or chapter 216.
 1605         (1) ADVANCED PRACTICE REGISTERED NURSE ADVANCED REGISTERED
 1606  NURSE PRACTITIONER SERVICES.—The agency shall pay for services
 1607  provided to a recipient by a licensed advanced practice
 1608  registered nurse advanced registered nurse practitioner who has
 1609  a valid collaboration agreement with a licensed physician on
 1610  file with the Department of Health or who provides anesthesia
 1611  services in accordance with established protocol required by
 1612  state law and approved by the medical staff of the facility in
 1613  which the anesthetic service is performed. Reimbursement for
 1614  such services must be provided in an amount that equals not less
 1615  than 80 percent of the reimbursement to a physician who provides
 1616  the same services, unless otherwise provided for in the General
 1617  Appropriations Act.
 1618         Section 39. Paragraph (a) of subsection (3) and subsection
 1619  (7) of section 409.908, Florida Statutes, are amended to read:
 1620         409.908 Reimbursement of Medicaid providers.—Subject to
 1621  specific appropriations, the agency shall reimburse Medicaid
 1622  providers, in accordance with state and federal law, according
 1623  to methodologies set forth in the rules of the agency and in
 1624  policy manuals and handbooks incorporated by reference therein.
 1625  These methodologies may include fee schedules, reimbursement
 1626  methods based on cost reporting, negotiated fees, competitive
 1627  bidding pursuant to s. 287.057, and other mechanisms the agency
 1628  considers efficient and effective for purchasing services or
 1629  goods on behalf of recipients. If a provider is reimbursed based
 1630  on cost reporting and submits a cost report late and that cost
 1631  report would have been used to set a lower reimbursement rate
 1632  for a rate semester, then the provider’s rate for that semester
 1633  shall be retroactively calculated using the new cost report, and
 1634  full payment at the recalculated rate shall be effected
 1635  retroactively. Medicare-granted extensions for filing cost
 1636  reports, if applicable, shall also apply to Medicaid cost
 1637  reports. Payment for Medicaid compensable services made on
 1638  behalf of Medicaid eligible persons is subject to the
 1639  availability of moneys and any limitations or directions
 1640  provided for in the General Appropriations Act or chapter 216.
 1641  Further, nothing in this section shall be construed to prevent
 1642  or limit the agency from adjusting fees, reimbursement rates,
 1643  lengths of stay, number of visits, or number of services, or
 1644  making any other adjustments necessary to comply with the
 1645  availability of moneys and any limitations or directions
 1646  provided for in the General Appropriations Act, provided the
 1647  adjustment is consistent with legislative intent.
 1648         (3) Subject to any limitations or directions provided for
 1649  in the General Appropriations Act, the following Medicaid
 1650  services and goods may be reimbursed on a fee-for-service basis.
 1651  For each allowable service or goods furnished in accordance with
 1652  Medicaid rules, policy manuals, handbooks, and state and federal
 1653  law, the payment shall be the amount billed by the provider, the
 1654  provider’s usual and customary charge, or the maximum allowable
 1655  fee established by the agency, whichever amount is less, with
 1656  the exception of those services or goods for which the agency
 1657  makes payment using a methodology based on capitation rates,
 1658  average costs, or negotiated fees.
 1659         (a) Advanced practice registered nurse Advanced registered
 1660  nurse practitioner services.
 1661         (7) A provider of family planning services shall be
 1662  reimbursed the lesser of the amount billed by the provider or an
 1663  all-inclusive amount per type of visit for physicians and
 1664  advanced practice registered nurses advanced registered nurse
 1665  practitioners, as established by the agency in a fee schedule.
 1666         Section 40. Paragraph (a) of subsection (1) of section
 1667  409.973, Florida Statutes, is amended to read:
 1668         409.973 Benefits.—
 1669         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
 1670  minimum, the following services:
 1671         (a) Advanced practice registered nurse Advanced registered
 1672  nurse practitioner services.
 1673         Section 41.  Section 1 of chapter 2016-109, Laws of
 1674  Florida, is amended to read:
 1675         Section 1. Effective March 1, 2019, subsection (1) of
 1676  section 409.973, Florida Statutes, is amended to read:
 1677         409.973 Benefits.—
 1678         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
 1679  minimum, the following services:
 1680         (a) Advanced practice registered nurse Advanced registered
 1681  nurse practitioner services.
 1682         (b) Ambulatory surgical treatment center services.
 1683         (c) Birthing center services.
 1684         (d) Chiropractic services.
 1685         (e) Early periodic screening diagnosis and treatment
 1686  services for recipients under age 21.
 1687         (f) Emergency services.
 1688         (g) Family planning services and supplies. Pursuant to 42
 1689  C.F.R. s. 438.102, plans may elect to not provide these services
 1690  due to an objection on moral or religious grounds, and must
 1691  notify the agency of that election when submitting a reply to an
 1692  invitation to negotiate.
 1693         (h) Healthy start services, except as provided in s.
 1694  409.975(4).
 1695         (i) Hearing services.
 1696         (j) Home health agency services.
 1697         (k) Hospice services.
 1698         (l) Hospital inpatient services.
 1699         (m) Hospital outpatient services.
 1700         (n) Laboratory and imaging services.
 1701         (o) Medical supplies, equipment, prostheses, and orthoses.
 1702         (p) Mental health services.
 1703         (q) Nursing care.
 1704         (r) Optical services and supplies.
 1705         (s) Optometrist services.
 1706         (t) Physical, occupational, respiratory, and speech therapy
 1707  services.
 1708         (u) Physician services, including physician assistant
 1709  services.
 1710         (v) Podiatric services.
 1711         (w) Prescription drugs.
 1712         (x) Renal dialysis services.
 1713         (y) Respiratory equipment and supplies.
 1714         (z) Rural health clinic services.
 1715         (aa) Substance abuse treatment services.
 1716         (bb) Transportation to access covered services.
 1717         Section 42. Paragraph (a) of subsection (2) and paragraph
 1718  (a) of subsection (7) of section 429.918, Florida Statutes, are
 1719  amended to read:
 1720         429.918 Licensure designation as a specialized Alzheimer’s
 1721  services adult day care center.—
 1722         (2) As used in this section, the term:
 1723         (a) “ADRD participant” means a participant who has a
 1724  documented diagnosis of Alzheimer’s disease or a dementia
 1725  related disorder (ADRD) from a licensed physician, licensed
 1726  physician assistant, or a licensed advanced practice registered
 1727  nurse advanced registered nurse practitioner.
 1728         (7)(a) An ADRD participant admitted to an adult day care
 1729  center having a license designated under this section, or the
 1730  caregiver when applicable, must:
 1731         1. Require ongoing supervision to maintain the highest
 1732  level of medical or custodial functioning and have a
 1733  demonstrated need for a responsible party to oversee his or her
 1734  care.
 1735         2. Not actively demonstrate aggressive behavior that places
 1736  himself, herself, or others at risk of harm.
 1737         3. Provide the following medical documentation signed by a
 1738  licensed physician, licensed physician assistant, or a licensed
 1739  advanced practice registered nurse advanced registered nurse
 1740  practitioner:
 1741         a. Any physical, health, or emotional conditions that
 1742  require medical care.
 1743         b. A listing of the ADRD participant’s current prescribed
 1744  and over-the-counter medications and dosages, diet restrictions,
 1745  mobility restrictions, and other physical limitations.
 1746         4. Provide documentation signed by a health care provider
 1747  licensed in this state which indicates that the ADRD participant
 1748  is free of the communicable form of tuberculosis and free of
 1749  signs and symptoms of other communicable diseases.
 1750         Section 43. Section 456.0391, Florida Statutes, is amended
 1751  to read:
 1752         456.0391 Advanced practice registered nurses Advanced
 1753  registered nurse practitioners; information required for
 1754  licensure certification.—
 1755         (1)(a) Each person who applies for initial licensure
 1756  certification under s. 464.012 must, at the time of application,
 1757  and each person licensed certified under s. 464.012 who applies
 1758  for licensure certification renewal must, in conjunction with
 1759  the renewal of such licensure certification and under procedures
 1760  adopted by the Department of Health, and in addition to any
 1761  other information that may be required from the applicant,
 1762  furnish the following information to the Department of Health:
 1763         1. The name of each school or training program that the
 1764  applicant has attended, with the months and years of attendance
 1765  and the month and year of graduation, and a description of all
 1766  graduate professional education completed by the applicant,
 1767  excluding any coursework taken to satisfy continuing education
 1768  requirements.
 1769         2. The name of each location at which the applicant
 1770  practices.
 1771         3. The address at which the applicant will primarily
 1772  conduct his or her practice.
 1773         4. Any certification or designation that the applicant has
 1774  received from a specialty or certification board that is
 1775  recognized or approved by the regulatory board or department to
 1776  which the applicant is applying.
 1777         5. The year that the applicant received initial
 1778  certification or licensure and began practicing the profession
 1779  in any jurisdiction and the year that the applicant received
 1780  initial certification or licensure in this state.
 1781         6. Any appointment which the applicant currently holds to
 1782  the faculty of a school related to the profession and an
 1783  indication as to whether the applicant has had the
 1784  responsibility for graduate education within the most recent 10
 1785  years.
 1786         7. A description of any criminal offense of which the
 1787  applicant has been found guilty, regardless of whether
 1788  adjudication of guilt was withheld, or to which the applicant
 1789  has pled guilty or nolo contendere. A criminal offense committed
 1790  in another jurisdiction which would have been a felony or
 1791  misdemeanor if committed in this state must be reported. If the
 1792  applicant indicates that a criminal offense is under appeal and
 1793  submits a copy of the notice for appeal of that criminal
 1794  offense, the department must state that the criminal offense is
 1795  under appeal if the criminal offense is reported in the
 1796  applicant’s profile. If the applicant indicates to the
 1797  department that a criminal offense is under appeal, the
 1798  applicant must, within 15 days after the disposition of the
 1799  appeal, submit to the department a copy of the final written
 1800  order of disposition.
 1801         8. A description of any final disciplinary action taken
 1802  within the previous 10 years against the applicant by a
 1803  licensing or regulatory body in any jurisdiction, by a specialty
 1804  board that is recognized by the board or department, or by a
 1805  licensed hospital, health maintenance organization, prepaid
 1806  health clinic, ambulatory surgical center, or nursing home.
 1807  Disciplinary action includes resignation from or nonrenewal of
 1808  staff membership or the restriction of privileges at a licensed
 1809  hospital, health maintenance organization, prepaid health
 1810  clinic, ambulatory surgical center, or nursing home taken in
 1811  lieu of or in settlement of a pending disciplinary case related
 1812  to competence or character. If the applicant indicates that the
 1813  disciplinary action is under appeal and submits a copy of the
 1814  document initiating an appeal of the disciplinary action, the
 1815  department must state that the disciplinary action is under
 1816  appeal if the disciplinary action is reported in the applicant’s
 1817  profile.
 1818         (b) In addition to the information required under paragraph
 1819  (a), each applicant for initial licensure certification or
 1820  licensure certification renewal must provide the information
 1821  required of licensees pursuant to s. 456.049.
 1822         (2) The Department of Health shall send a notice to each
 1823  person licensed certified under s. 464.012 at the licensee’s
 1824  certificateholder’s last known address of record regarding the
 1825  requirements for information to be submitted by advanced
 1826  practice registered nurses advanced registered nurse
 1827  practitioners pursuant to this section in conjunction with the
 1828  renewal of such license certificate.
 1829         (3) Each person licensed certified under s. 464.012 who has
 1830  submitted information pursuant to subsection (1) must update
 1831  that information in writing by notifying the Department of
 1832  Health within 45 days after the occurrence of an event or the
 1833  attainment of a status that is required to be reported by
 1834  subsection (1). Failure to comply with the requirements of this
 1835  subsection to update and submit information constitutes a ground
 1836  for disciplinary action under chapter 464 and s. 456.072(1)(k).
 1837  For failure to comply with the requirements of this subsection
 1838  to update and submit information, the department or board, as
 1839  appropriate, may:
 1840         (a) Refuse to issue a license certificate to any person
 1841  applying for initial licensure certification who fails to submit
 1842  and update the required information.
 1843         (b) Issue a citation to any certificateholder or licensee
 1844  who fails to submit and update the required information and may
 1845  fine the certificateholder or licensee up to $50 for each day
 1846  that the certificateholder or licensee is not in compliance with
 1847  this subsection. The citation must clearly state that the
 1848  certificateholder or licensee may choose, in lieu of accepting
 1849  the citation, to follow the procedure under s. 456.073. If the
 1850  certificateholder or licensee disputes the matter in the
 1851  citation, the procedures set forth in s. 456.073 must be
 1852  followed. However, if the certificateholder or licensee does not
 1853  dispute the matter in the citation with the department within 30
 1854  days after the citation is served, the citation becomes a final
 1855  order and constitutes discipline. Service of a citation may be
 1856  made by personal service or certified mail, restricted delivery,
 1857  to the subject at the certificateholder’s or licensee’s last
 1858  known address.
 1859         (4)(a) An applicant for initial licensure certification
 1860  under s. 464.012 must submit a set of fingerprints to the
 1861  Department of Health on a form and under procedures specified by
 1862  the department, along with payment in an amount equal to the
 1863  costs incurred by the Department of Health for a national
 1864  criminal history check of the applicant.
 1865         (b) An applicant for renewed licensure certification who
 1866  has not previously submitted a set of fingerprints to the
 1867  Department of Health for purposes of certification must submit a
 1868  set of fingerprints to the department as a condition of the
 1869  initial renewal of his or her certificate after the effective
 1870  date of this section. The applicant must submit the fingerprints
 1871  on a form and under procedures specified by the department,
 1872  along with payment in an amount equal to the costs incurred by
 1873  the Department of Health for a national criminal history check.
 1874  For subsequent renewals, the applicant for renewed licensure
 1875  certification must only submit information necessary to conduct
 1876  a statewide criminal history check, along with payment in an
 1877  amount equal to the costs incurred by the Department of Health
 1878  for a statewide criminal history check.
 1879         (c)1. The Department of Health shall submit the
 1880  fingerprints provided by an applicant for initial licensure
 1881  certification to the Florida Department of Law Enforcement for a
 1882  statewide criminal history check, and the Florida Department of
 1883  Law Enforcement shall forward the fingerprints to the Federal
 1884  Bureau of Investigation for a national criminal history check of
 1885  the applicant.
 1886         2. The department shall submit the fingerprints provided by
 1887  an applicant for the initial renewal of licensure certification
 1888  to the Florida Department of Law Enforcement for a statewide
 1889  criminal history check, and the Florida Department of Law
 1890  Enforcement shall forward the fingerprints to the Federal Bureau
 1891  of Investigation for a national criminal history check for the
 1892  initial renewal of the applicant’s certificate after the
 1893  effective date of this section.
 1894         3. For any subsequent renewal of the applicant’s
 1895  certificate, the department shall submit the required
 1896  information for a statewide criminal history check of the
 1897  applicant to the Florida Department of Law Enforcement.
 1898         (d) Any applicant for initial licensure certification or
 1899  renewal of licensure certification as an advanced practice
 1900  registered nurse advanced registered nurse practitioner who
 1901  submits to the Department of Health a set of fingerprints and
 1902  information required for the criminal history check required
 1903  under this section shall not be required to provide a subsequent
 1904  set of fingerprints or other duplicate information required for
 1905  a criminal history check to the Agency for Health Care
 1906  Administration, the Department of Juvenile Justice, or the
 1907  Department of Children and Families for employment or licensure
 1908  with such agency or department, if the applicant has undergone a
 1909  criminal history check as a condition of initial licensure
 1910  certification or renewal of licensure certification as an
 1911  advanced practice registered nurse advanced registered nurse
 1912  practitioner with the Department of Health, notwithstanding any
 1913  other provision of law to the contrary. In lieu of such
 1914  duplicate submission, the Agency for Health Care Administration,
 1915  the Department of Juvenile Justice, and the Department of
 1916  Children and Families shall obtain criminal history information
 1917  for employment or licensure of persons licensed certified under
 1918  s. 464.012 by such agency or department from the Department of
 1919  Health’s health care practitioner credentialing system.
 1920         (5) Each person who is required to submit information
 1921  pursuant to this section may submit additional information to
 1922  the Department of Health. Such information may include, but is
 1923  not limited to:
 1924         (a) Information regarding publications in peer-reviewed
 1925  professional literature within the previous 10 years.
 1926         (b) Information regarding professional or community service
 1927  activities or awards.
 1928         (c) Languages, other than English, used by the applicant to
 1929  communicate with patients or clients and identification of any
 1930  translating service that may be available at the place where the
 1931  applicant primarily conducts his or her practice.
 1932         (d) An indication of whether the person participates in the
 1933  Medicaid program.
 1934         Section 44. Subsection (2) of section 456.0392, Florida
 1935  Statutes, is amended to read:
 1936         456.0392 Prescription labeling.—
 1937         (2) A prescription for a drug that is not listed as a
 1938  controlled substance in chapter 893 which is written by an
 1939  advanced practice registered nurse licensed advanced registered
 1940  nurse practitioner certified under s. 464.012 is presumed,
 1941  subject to rebuttal, to be valid and within the parameters of
 1942  the prescriptive authority delegated by a practitioner licensed
 1943  under chapter 458, chapter 459, or chapter 466.
 1944         Section 45. Paragraph (a) of subsection (1) and subsection
 1945  (6) of section 456.041, Florida Statutes, are amended to read:
 1946         456.041 Practitioner profile; creation.—
 1947         (1)(a) The Department of Health shall compile the
 1948  information submitted pursuant to s. 456.039 into a practitioner
 1949  profile of the applicant submitting the information, except that
 1950  the Department of Health shall develop a format to compile
 1951  uniformly any information submitted under s. 456.039(4)(b).
 1952  Beginning July 1, 2001, the Department of Health may compile the
 1953  information submitted pursuant to s. 456.0391 into a
 1954  practitioner profile of the applicant submitting the
 1955  information. The protocol submitted pursuant to s. 464.012(3)
 1956  must be included in the practitioner profile of the advanced
 1957  practice registered nurse advanced registered nurse
 1958  practitioner.
 1959         (6) The Department of Health shall provide in each
 1960  practitioner profile for every physician or advanced practice
 1961  registered nurse advanced registered nurse practitioner
 1962  terminated for cause from participating in the Medicaid program,
 1963  pursuant to s. 409.913, or sanctioned by the Medicaid program a
 1964  statement that the practitioner has been terminated from
 1965  participating in the Florida Medicaid program or sanctioned by
 1966  the Medicaid program.
 1967         Section 46. Subsection (1) of section 456.048, Florida
 1968  Statutes, is amended to read:
 1969         456.048 Financial responsibility requirements for certain
 1970  health care practitioners.—
 1971         (1) As a prerequisite for licensure or license renewal, the
 1972  Board of Acupuncture, the Board of Chiropractic Medicine, the
 1973  Board of Podiatric Medicine, and the Board of Dentistry shall,
 1974  by rule, require that all health care practitioners licensed
 1975  under the respective board, and the Board of Medicine and the
 1976  Board of Osteopathic Medicine shall, by rule, require that all
 1977  anesthesiologist assistants licensed pursuant to s. 458.3475 or
 1978  s. 459.023, and the Board of Nursing shall, by rule, require
 1979  that advanced practice registered nurses licensed advanced
 1980  registered nurse practitioners certified under s. 464.012, and
 1981  the department shall, by rule, require that midwives maintain
 1982  medical malpractice insurance or provide proof of financial
 1983  responsibility in an amount and in a manner determined by the
 1984  board or department to be sufficient to cover claims arising out
 1985  of the rendering of or failure to render professional care and
 1986  services in this state.
 1987         Section 47. Subsection (7) of section 456.072, Florida
 1988  Statutes, is amended to read:
 1989         456.072 Grounds for discipline; penalties; enforcement.—
 1990         (7) Notwithstanding subsection (2), upon a finding that a
 1991  physician has prescribed or dispensed a controlled substance, or
 1992  caused a controlled substance to be prescribed or dispensed, in
 1993  a manner that violates the standard of practice set forth in s.
 1994  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
 1995  or (s), or s. 466.028(1)(p) or (x), or that an advanced practice
 1996  registered nurse advanced registered nurse practitioner has
 1997  prescribed or dispensed a controlled substance, or caused a
 1998  controlled substance to be prescribed or dispensed, in a manner
 1999  that violates the standard of practice set forth in s.
 2000  464.018(1)(n) or (p)6., the physician or advanced practice
 2001  registered nurse advanced registered nurse practitioner shall be
 2002  suspended for a period of not less than 6 months and pay a fine
 2003  of not less than $10,000 per count. Repeated violations shall
 2004  result in increased penalties.
 2005         Section 48. Paragraph (g) of subsection (1) and subsection
 2006  (2) of section 456.44, Florida Statutes, are amended to read:
 2007         456.44 Controlled substance prescribing.—
 2008         (1) DEFINITIONS.—As used in this section, the term:
 2009         (g) “Registrant” means a physician, a physician assistant,
 2010  or an advanced practice registered nurse advanced registered
 2011  nurse practitioner who meets the requirements of subsection (2).
 2012         (2) REGISTRATION.—A physician licensed under chapter 458,
 2013  chapter 459, chapter 461, or chapter 466, a physician assistant
 2014  licensed under chapter 458 or chapter 459, or an advanced
 2015  practice registered nurse licensed advanced registered nurse
 2016  practitioner certified under part I of chapter 464 who
 2017  prescribes any controlled substance, listed in Schedule II,
 2018  Schedule III, or Schedule IV as defined in s. 893.03, for the
 2019  treatment of chronic nonmalignant pain, must:
 2020         (a) Designate himself or herself as a controlled substance
 2021  prescribing practitioner on his or her practitioner profile.
 2022         (b) Comply with the requirements of this section and
 2023  applicable board rules.
 2024         Section 49. Paragraph (c) of subsection (2) of section
 2025  458.3265, Florida Statutes, is amended to read:
 2026         458.3265 Pain-management clinics.—
 2027         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 2028  apply to any physician who provides professional services in a
 2029  pain-management clinic that is required to be registered in
 2030  subsection (1).
 2031         (c) A physician, a physician assistant, or an advanced
 2032  practice registered nurse advanced registered nurse practitioner
 2033  must perform a physical examination of a patient on the same day
 2034  that the physician prescribes a controlled substance to a
 2035  patient at a pain-management clinic. If the physician prescribes
 2036  more than a 72-hour dose of controlled substances for the
 2037  treatment of chronic nonmalignant pain, the physician must
 2038  document in the patient’s record the reason for prescribing that
 2039  quantity.
 2040         Section 50. Paragraph (dd) of subsection (1) of section
 2041  458.331, Florida Statutes, is amended to read:
 2042         458.331 Grounds for disciplinary action; action by the
 2043  board and department.—
 2044         (1) The following acts constitute grounds for denial of a
 2045  license or disciplinary action, as specified in s. 456.072(2):
 2046         (dd) Failing to supervise adequately the activities of
 2047  those physician assistants, paramedics, emergency medical
 2048  technicians, advanced practice registered nurses advanced
 2049  registered nurse practitioners, or anesthesiologist assistants
 2050  acting under the supervision of the physician.
 2051         Section 51. Paragraph (a) of subsection (1) and subsection
 2052  (3) of section 458.348, Florida Statutes, are amended to read:
 2053         458.348 Formal supervisory relationships, standing orders,
 2054  and established protocols; notice; standards.—
 2055         (1) NOTICE.—
 2056         (a) When a physician enters into a formal supervisory
 2057  relationship or standing orders with an emergency medical
 2058  technician or paramedic licensed pursuant to s. 401.27, which
 2059  relationship or orders contemplate the performance of medical
 2060  acts, or when a physician enters into an established protocol
 2061  with an advanced practice registered nurse advanced registered
 2062  nurse practitioner, which protocol contemplates the performance
 2063  of medical acts set forth in s. 464.012(3) and (4), the
 2064  physician shall submit notice to the board. The notice shall
 2065  contain a statement in substantially the following form:
 2066  
 2067         I, ...(name and professional license number of
 2068  physician)..., of ...(address of physician)... have hereby
 2069  entered into a formal supervisory relationship, standing orders,
 2070  or an established protocol with ...(number of persons)...
 2071  emergency medical technician(s), ...(number of persons)...
 2072  paramedic(s), or ...(number of persons)... advanced practice
 2073  registered nurse(s) advanced registered nurse practitioner(s).
 2074  
 2075         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
 2076  physician who supervises an advanced practice registered nurse
 2077  advanced registered nurse practitioner or physician assistant at
 2078  a medical office other than the physician’s primary practice
 2079  location, where the advanced practice registered nurse advanced
 2080  registered nurse practitioner or physician assistant is not
 2081  under the onsite supervision of a supervising physician, must
 2082  comply with the standards set forth in this subsection. For the
 2083  purpose of this subsection, a physician’s “primary practice
 2084  location” means the address reflected on the physician’s profile
 2085  published pursuant to s. 456.041.
 2086         (a) A physician who is engaged in providing primary health
 2087  care services may not supervise more than four offices in
 2088  addition to the physician’s primary practice location. For the
 2089  purpose of this subsection, “primary health care” means health
 2090  care services that are commonly provided to patients without
 2091  referral from another practitioner, including obstetrical and
 2092  gynecological services, and excludes practices providing
 2093  primarily dermatologic and skin care services, which include
 2094  aesthetic skin care services.
 2095         (b) A physician who is engaged in providing specialty
 2096  health care services may not supervise more than two offices in
 2097  addition to the physician’s primary practice location. For the
 2098  purpose of this subsection, “specialty health care” means health
 2099  care services that are commonly provided to patients with a
 2100  referral from another practitioner and excludes practices
 2101  providing primarily dermatologic and skin care services, which
 2102  include aesthetic skin care services.
 2103         (c) A physician who supervises an advanced practice
 2104  registered nurse advanced registered nurse practitioner or
 2105  physician assistant at a medical office other than the
 2106  physician’s primary practice location, where the advanced
 2107  practice registered nurse advanced registered nurse practitioner
 2108  or physician assistant is not under the onsite supervision of a
 2109  supervising physician and the services offered at the office are
 2110  primarily dermatologic or skin care services, which include
 2111  aesthetic skin care services other than plastic surgery, must
 2112  comply with the standards listed in subparagraphs 1.-4.
 2113  Notwithstanding s. 458.347(4)(e)6., a physician supervising a
 2114  physician assistant pursuant to this paragraph may not be
 2115  required to review and cosign charts or medical records prepared
 2116  by such physician assistant.
 2117         1. The physician shall submit to the board the addresses of
 2118  all offices where he or she is supervising an advanced practice
 2119  registered nurse advanced registered nurse practitioner or a
 2120  physician’s assistant which are not the physician’s primary
 2121  practice location.
 2122         2. The physician must be board certified or board eligible
 2123  in dermatology or plastic surgery as recognized by the board
 2124  pursuant to s. 458.3312.
 2125         3. All such offices that are not the physician’s primary
 2126  place of practice must be within 25 miles of the physician’s
 2127  primary place of practice or in a county that is contiguous to
 2128  the county of the physician’s primary place of practice.
 2129  However, the distance between any of the offices may not exceed
 2130  75 miles.
 2131         4. The physician may supervise only one office other than
 2132  the physician’s primary place of practice except that until July
 2133  1, 2011, the physician may supervise up to two medical offices
 2134  other than the physician’s primary place of practice if the
 2135  addresses of the offices are submitted to the board before July
 2136  1, 2006. Effective July 1, 2011, the physician may supervise
 2137  only one office other than the physician’s primary place of
 2138  practice, regardless of when the addresses of the offices were
 2139  submitted to the board.
 2140         (d) A physician who supervises an office in addition to the
 2141  physician’s primary practice location must conspicuously post in
 2142  each of the physician’s offices a current schedule of the
 2143  regular hours when the physician is present in that office and
 2144  the hours when the office is open while the physician is not
 2145  present.
 2146         (e) This subsection does not apply to health care services
 2147  provided in facilities licensed under chapter 395 or in
 2148  conjunction with a college of medicine, a college of nursing, an
 2149  accredited graduate medical program, or a nursing education
 2150  program; not-for-profit, family-planning clinics that are not
 2151  licensed pursuant to chapter 390; rural and federally qualified
 2152  health centers; health care services provided in a nursing home
 2153  licensed under part II of chapter 400, an assisted living
 2154  facility licensed under part I of chapter 429, a continuing care
 2155  facility licensed under chapter 651, or a retirement community
 2156  consisting of independent living units and a licensed nursing
 2157  home or assisted living facility; anesthesia services provided
 2158  in accordance with law; health care services provided in a
 2159  designated rural health clinic; health care services provided to
 2160  persons enrolled in a program designed to maintain elderly
 2161  persons and persons with disabilities in a home or community
 2162  based setting; university primary care student health centers;
 2163  school health clinics; or health care services provided in
 2164  federal, state, or local government facilities. Subsection (2)
 2165  and this subsection do not apply to offices at which the
 2166  exclusive service being performed is laser hair removal by an
 2167  advanced practice registered nurse advanced registered nurse
 2168  practitioner or physician assistant.
 2169         Section 52. Paragraph (c) of subsection (2) of section
 2170  459.0137, Florida Statutes, is amended to read:
 2171         459.0137 Pain-management clinics.—
 2172         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 2173  apply to any osteopathic physician who provides professional
 2174  services in a pain-management clinic that is required to be
 2175  registered in subsection (1).
 2176         (c) An osteopathic physician, a physician assistant, or an
 2177  advanced practice registered nurse advanced registered nurse
 2178  practitioner must perform a physical examination of a patient on
 2179  the same day that the physician prescribes a controlled
 2180  substance to a patient at a pain-management clinic. If the
 2181  osteopathic physician prescribes more than a 72-hour dose of
 2182  controlled substances for the treatment of chronic nonmalignant
 2183  pain, the osteopathic physician must document in the patient’s
 2184  record the reason for prescribing that quantity.
 2185         Section 53. Paragraph (hh) of subsection (1) of section
 2186  459.015, Florida Statutes, is amended to read:
 2187         459.015 Grounds for disciplinary action; action by the
 2188  board and department.—
 2189         (1) The following acts constitute grounds for denial of a
 2190  license or disciplinary action, as specified in s. 456.072(2):
 2191         (hh) Failing to supervise adequately the activities of
 2192  those physician assistants, paramedics, emergency medical
 2193  technicians, advanced practice registered nurses advanced
 2194  registered nurse practitioners, anesthesiologist assistants, or
 2195  other persons acting under the supervision of the osteopathic
 2196  physician.
 2197         Section 54. Paragraph (a) of subsection (1) and subsection
 2198  (3) of section 459.025, Florida Statutes, are amended to read:
 2199         459.025 Formal supervisory relationships, standing orders,
 2200  and established protocols; notice; standards.—
 2201         (1) NOTICE.—
 2202         (a) When an osteopathic physician enters into a formal
 2203  supervisory relationship or standing orders with an emergency
 2204  medical technician or paramedic licensed pursuant to s. 401.27,
 2205  which relationship or orders contemplate the performance of
 2206  medical acts, or when an osteopathic physician enters into an
 2207  established protocol with an advanced practice registered nurse
 2208  advanced registered nurse practitioner, which protocol
 2209  contemplates the performance of medical acts or acts set forth
 2210  in s. 464.012(3) and (4), the osteopathic physician shall submit
 2211  notice to the board. The notice must contain a statement in
 2212  substantially the following form:
 2213  
 2214         I, ...(name and professional license number of osteopathic
 2215  physician)..., of ...(address of osteopathic physician)... have
 2216  hereby entered into a formal supervisory relationship, standing
 2217  orders, or an established protocol with ...(number of
 2218  persons)... emergency medical technician(s), ...(number of
 2219  persons)... paramedic(s), or ...(number of persons)... advanced
 2220  practice registered nurse(s) advanced registered nurse
 2221  practitioner(s).
 2222         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
 2223  An osteopathic physician who supervises an advanced practice
 2224  registered nurse advanced registered nurse practitioner or
 2225  physician assistant at a medical office other than the
 2226  osteopathic physician’s primary practice location, where the
 2227  advanced practice registered nurse advanced registered nurse
 2228  practitioner or physician assistant is not under the onsite
 2229  supervision of a supervising osteopathic physician, must comply
 2230  with the standards set forth in this subsection. For the purpose
 2231  of this subsection, an osteopathic physician’s “primary practice
 2232  location” means the address reflected on the physician’s profile
 2233  published pursuant to s. 456.041.
 2234         (a) An osteopathic physician who is engaged in providing
 2235  primary health care services may not supervise more than four
 2236  offices in addition to the osteopathic physician’s primary
 2237  practice location. For the purpose of this subsection, “primary
 2238  health care” means health care services that are commonly
 2239  provided to patients without referral from another practitioner,
 2240  including obstetrical and gynecological services, and excludes
 2241  practices providing primarily dermatologic and skin care
 2242  services, which include aesthetic skin care services.
 2243         (b) An osteopathic physician who is engaged in providing
 2244  specialty health care services may not supervise more than two
 2245  offices in addition to the osteopathic physician’s primary
 2246  practice location. For the purpose of this subsection,
 2247  “specialty health care” means health care services that are
 2248  commonly provided to patients with a referral from another
 2249  practitioner and excludes practices providing primarily
 2250  dermatologic and skin care services, which include aesthetic
 2251  skin care services.
 2252         (c) An osteopathic physician who supervises an advanced
 2253  practice registered nurse advanced registered nurse practitioner
 2254  or physician assistant at a medical office other than the
 2255  osteopathic physician’s primary practice location, where the
 2256  advanced practice registered nurse advanced registered nurse
 2257  practitioner or physician assistant is not under the onsite
 2258  supervision of a supervising osteopathic physician and the
 2259  services offered at the office are primarily dermatologic or
 2260  skin care services, which include aesthetic skin care services
 2261  other than plastic surgery, must comply with the standards
 2262  listed in subparagraphs 1.-4. Notwithstanding s.
 2263  459.022(4)(e)6., an osteopathic physician supervising a
 2264  physician assistant pursuant to this paragraph may not be
 2265  required to review and cosign charts or medical records prepared
 2266  by such physician assistant.
 2267         1. The osteopathic physician shall submit to the Board of
 2268  Osteopathic Medicine the addresses of all offices where he or
 2269  she is supervising or has a protocol with an advanced practice
 2270  registered nurse advanced registered nurse practitioner or a
 2271  physician physician’s assistant which are not the osteopathic
 2272  physician’s primary practice location.
 2273         2. The osteopathic physician must be board certified or
 2274  board eligible in dermatology or plastic surgery as recognized
 2275  by the Board of Osteopathic Medicine pursuant to s. 459.0152.
 2276         3. All such offices that are not the osteopathic
 2277  physician’s primary place of practice must be within 25 miles of
 2278  the osteopathic physician’s primary place of practice or in a
 2279  county that is contiguous to the county of the osteopathic
 2280  physician’s primary place of practice. However, the distance
 2281  between any of the offices may not exceed 75 miles.
 2282         4. The osteopathic physician may supervise only one office
 2283  other than the osteopathic physician’s primary place of practice
 2284  except that until July 1, 2011, the osteopathic physician may
 2285  supervise up to two medical offices other than the osteopathic
 2286  physician’s primary place of practice if the addresses of the
 2287  offices are submitted to the Board of Osteopathic Medicine
 2288  before July 1, 2006. Effective July 1, 2011, the osteopathic
 2289  physician may supervise only one office other than the
 2290  osteopathic physician’s primary place of practice, regardless of
 2291  when the addresses of the offices were submitted to the Board of
 2292  Osteopathic Medicine.
 2293         (d) An osteopathic physician who supervises an office in
 2294  addition to the osteopathic physician’s primary practice
 2295  location must conspicuously post in each of the osteopathic
 2296  physician’s offices a current schedule of the regular hours when
 2297  the osteopathic physician is present in that office and the
 2298  hours when the office is open while the osteopathic physician is
 2299  not present.
 2300         (e) This subsection does not apply to health care services
 2301  provided in facilities licensed under chapter 395 or in
 2302  conjunction with a college of medicine or college of nursing or
 2303  an accredited graduate medical or nursing education program;
 2304  offices where the only service being performed is hair removal
 2305  by an advanced practice registered nurse advanced registered
 2306  nurse practitioner or physician assistant; not-for-profit,
 2307  family-planning clinics that are not licensed pursuant to
 2308  chapter 390; rural and federally qualified health centers;
 2309  health care services provided in a nursing home licensed under
 2310  part II of chapter 400, an assisted living facility licensed
 2311  under part I of chapter 429, a continuing care facility licensed
 2312  under chapter 651, or a retirement community consisting of
 2313  independent living units and either a licensed nursing home or
 2314  assisted living facility; anesthesia services provided in
 2315  accordance with law; health care services provided in a
 2316  designated rural health clinic; health care services provided to
 2317  persons enrolled in a program designed to maintain elderly
 2318  persons and persons with disabilities in a home or community
 2319  based setting; university primary care student health centers;
 2320  school health clinics; or health care services provided in
 2321  federal, state, or local government facilities.
 2322         Section 55. Subsection (2) of section 464.003, Florida
 2323  Statutes, is amended to read:
 2324         464.003 Definitions.—As used in this part, the term:
 2325         (2) “Advanced or specialized nursing practice” means, in
 2326  addition to the practice of professional nursing, the
 2327  performance of advanced-level nursing acts approved by the board
 2328  which, by virtue of postbasic specialized education, training,
 2329  and experience, are appropriately performed by an advanced
 2330  practice registered nurse advanced registered nurse
 2331  practitioner. Within the context of advanced or specialized
 2332  nursing practice, the advanced practice registered nurse
 2333  advanced registered nurse practitioner may perform acts of
 2334  nursing diagnosis and nursing treatment of alterations of the
 2335  health status. The advanced practice registered nurse advanced
 2336  registered nurse practitioner may also perform acts of medical
 2337  diagnosis and treatment, prescription, and operation as
 2338  authorized within the framework of an established supervisory
 2339  protocol. The department may, by rule, require that a copy of
 2340  the protocol be filed with the department along with the notice
 2341  required by s. 458.348.
 2342         Section 56. Subsection (2) of section 464.004, Florida
 2343  Statutes, is amended to read:
 2344         464.004 Board of Nursing; membership; appointment; terms.—
 2345         (2) Seven members of the board must be registered nurses
 2346  who are residents of this state and who have been engaged in the
 2347  practice of professional nursing for at least 4 years, including
 2348  at least one advanced practice registered nurse advanced
 2349  registered nurse practitioner, one nurse educator member of an
 2350  approved program, and one nurse executive. These seven board
 2351  members should be representative of the diverse areas of
 2352  practice within the nursing profession. In addition, three
 2353  members of the board must be licensed practical nurses who are
 2354  residents of this state and who have been actively engaged in
 2355  the practice of practical nursing for at least 4 years prior to
 2356  their appointment. The remaining three members must be residents
 2357  of the state who have never been licensed as nurses and who are
 2358  in no way connected with the practice of nursing. No person may
 2359  be appointed as a lay member who is in any way connected with,
 2360  or has any financial interest in, any health care facility,
 2361  agency, or insurer. At least one member of the board must be 60
 2362  years of age or older.
 2363         Section 57. Paragraph (b) of subsection (3) of section
 2364  464.013, Florida Statutes, is amended to read:
 2365         464.013 Renewal of license or certificate.—
 2366         (3) The board shall by rule prescribe up to 30 hours of
 2367  continuing education biennially as a condition for renewal of a
 2368  license or certificate.
 2369         (b) Notwithstanding the exemption in paragraph (a), as part
 2370  of the maximum 30 hours of continuing education hours required
 2371  under this subsection, advanced practice registered nurses
 2372  licensed advanced registered nurse practitioners certified under
 2373  s. 464.012 must complete at least 3 hours of continuing
 2374  education on the safe and effective prescription of controlled
 2375  substances. Such continuing education courses must be offered by
 2376  a statewide professional association of physicians in this state
 2377  accredited to provide educational activities designated for the
 2378  American Medical Association Physician’s Recognition Award
 2379  Category 1 credit, the American Nurses Credentialing Center, the
 2380  American Association of Nurse Anesthetists, or the American
 2381  Association of Nurse Practitioners and may be offered in a
 2382  distance learning format.
 2383         Section 58. Subsections (5) and (8), of section 464.015,
 2384  Florida Statutes, are amended to read:
 2385         464.015 Titles and abbreviations; restrictions; penalty.—
 2386         (5) Only persons who hold valid licenses certificates to
 2387  practice as clinical nurse specialists in this state may use the
 2388  title “Clinical Nurse Specialist” and the abbreviation “C.N.S.”
 2389         (8) Only persons who hold valid licenses certificates to
 2390  practice as advanced practice registered nurses advanced
 2391  registered nurse practitioners in this state may use the title
 2392  “Advanced Practice Registered Nurse “Advanced Registered Nurse
 2393  Practitioner and the abbreviation “A.P.R.N.” “A.R.N.P.”
 2394         Section 59. Subsection (9) of section 464.015, Florida
 2395  Statutes, as amended by section 9 of chapter 2016-139, Laws of
 2396  Florida, is amended to read:
 2397         464.015 Titles and abbreviations; restrictions; penalty.—
 2398         (9) A person may not practice or advertise as, or assume
 2399  the title of, registered nurse, licensed practical nurse,
 2400  clinical nurse specialist, certified registered nurse
 2401  anesthetist, certified nurse midwife, certified nurse
 2402  practitioner, or advanced practice registered nurse advanced
 2403  registered nurse practitioner or use the abbreviation “R.N.,”
 2404  “L.P.N.,” “C.N.S.,” “C.R.N.A.,” “C.N.M.,” “C.N.P.,” or
 2405  “A.P.R.N., “A.R.N.P. or take any other action that would lead
 2406  the public to believe that person was authorized by law to
 2407  practice as such or is performing nursing services pursuant to
 2408  the exception set forth in s. 464.022(8) unless that person is
 2409  licensed, certified, or authorized pursuant to s. 464.0095 to
 2410  practice as such.
 2411         Section 60. Paragraph (a) of subsection (2) of section
 2412  464.016, Florida Statutes, is amended to read:
 2413         464.016 Violations and penalties.—
 2414         (2) Each of the following acts constitutes a misdemeanor of
 2415  the first degree, punishable as provided in s. 775.082 or s.
 2416  775.083:
 2417         (a) Using the name or title “Nurse,” “Registered Nurse,”
 2418  “Licensed Practical Nurse,” “Clinical Nurse Specialist,”
 2419  “Certified Registered Nurse Anesthetist,” Certified Nurse
 2420  Practitioner,” “Certified Nurse Midwife,” “Advanced Practice
 2421  Registered Nurse,” “Advanced Registered Nurse Practitioner,” or
 2422  any other name or title which implies that a person was licensed
 2423  or certified as same, unless such person is duly licensed or
 2424  certified.
 2425         Section 61. Paragraphs (p) and (q) of subsection (1) of
 2426  section 464.018, Florida Statutes, are amended to read:
 2427         464.018 Disciplinary actions.—
 2428         (1) The following acts constitute grounds for denial of a
 2429  license or disciplinary action, as specified in s. 456.072(2):
 2430         (p) For an advanced practice registered nurse advanced
 2431  registered nurse practitioner:
 2432         1. Presigning blank prescription forms.
 2433         2. Prescribing for office use any medicinal drug appearing
 2434  on Schedule II in chapter 893.
 2435         3. Prescribing, ordering, dispensing, administering,
 2436  supplying, selling, or giving a drug that is an amphetamine, a
 2437  sympathomimetic amine drug, or a compound designated in s.
 2438  893.03(2) as a Schedule II controlled substance, to or for any
 2439  person except for:
 2440         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2441  syndrome in children characterized by the developmentally
 2442  inappropriate symptoms of moderate to severe distractibility,
 2443  short attention span, hyperactivity, emotional lability, and
 2444  impulsivity; or drug-induced brain dysfunction.
 2445         b. The differential diagnostic psychiatric evaluation of
 2446  depression or the treatment of depression shown to be refractory
 2447  to other therapeutic modalities.
 2448         c. The clinical investigation of the effects of such drugs
 2449  or compounds when an investigative protocol is submitted to,
 2450  reviewed by, and approved by the department before such
 2451  investigation is begun.
 2452         4. Prescribing, ordering, dispensing, administering,
 2453  supplying, selling, or giving growth hormones, testosterone or
 2454  its analogs, human chorionic gonadotropin (HCG), or other
 2455  hormones for the purpose of muscle building or to enhance
 2456  athletic performance. As used in this subparagraph, the term
 2457  “muscle building” does not include the treatment of injured
 2458  muscle. A prescription written for the drug products identified
 2459  in this subparagraph may be dispensed by a pharmacist with the
 2460  presumption that the prescription is for legitimate medical use.
 2461         5. Promoting or advertising on any prescription form a
 2462  community pharmacy unless the form also states: “This
 2463  prescription may be filled at any pharmacy of your choice.”
 2464         6. Prescribing, dispensing, administering, mixing, or
 2465  otherwise preparing a legend drug, including a controlled
 2466  substance, other than in the course of his or her professional
 2467  practice. For the purposes of this subparagraph, it is legally
 2468  presumed that prescribing, dispensing, administering, mixing, or
 2469  otherwise preparing legend drugs, including all controlled
 2470  substances, inappropriately or in excessive or inappropriate
 2471  quantities is not in the best interest of the patient and is not
 2472  in the course of the advanced practice registered nurse’s
 2473  advanced registered nurse practitioner’s professional practice,
 2474  without regard to his or her intent.
 2475         7. Prescribing, dispensing, or administering a medicinal
 2476  drug appearing on any schedule set forth in chapter 893 to
 2477  himself or herself, except a drug prescribed, dispensed, or
 2478  administered to the advanced practice registered nurse advanced
 2479  registered nurse practitioner by another practitioner authorized
 2480  to prescribe, dispense, or administer medicinal drugs.
 2481         8. Prescribing, ordering, dispensing, administering,
 2482  supplying, selling, or giving amygdalin (laetrile) to any
 2483  person.
 2484         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2485  as a substance controlled in Schedule II or Schedule III,
 2486  respectively, in violation of s. 465.0276.
 2487         10. Promoting or advertising through any communication
 2488  medium the use, sale, or dispensing of a substance designated in
 2489  s. 893.03 as a controlled substance.
 2490         (q) For a psychiatric nurse:
 2491         1. Presigning blank prescription forms.
 2492         2. Prescribing for office use any medicinal drug appearing
 2493  in Schedule II of s. 893.03.
 2494         3. Prescribing, ordering, dispensing, administering,
 2495  supplying, selling, or giving a drug that is an amphetamine, a
 2496  sympathomimetic amine drug, or a compound designated in s.
 2497  893.03(2) as a Schedule II controlled substance, to or for any
 2498  person except for:
 2499         a. The treatment of narcolepsy; hyperkinesis; behavioral
 2500  syndrome in children characterized by the developmentally
 2501  inappropriate symptoms of moderate to severe distractibility,
 2502  short attention span, hyperactivity, emotional lability, and
 2503  impulsivity; or drug-induced brain dysfunction.
 2504         b. The differential diagnostic psychiatric evaluation of
 2505  depression or the treatment of depression shown to be refractory
 2506  to other therapeutic modalities.
 2507         c. The clinical investigation of the effects of such drugs
 2508  or compounds when an investigative protocol is submitted to,
 2509  reviewed by, and approved by the department before such
 2510  investigation is begun.
 2511         4. Prescribing, ordering, dispensing, administering,
 2512  supplying, selling, or giving growth hormones, testosterone or
 2513  its analogs, human chorionic gonadotropin (HCG), or other
 2514  hormones for the purpose of muscle building or to enhance
 2515  athletic performance. As used in this subparagraph, the term
 2516  “muscle building” does not include the treatment of injured
 2517  muscle. A prescription written for the drug products identified
 2518  in this subparagraph may be dispensed by a pharmacist with the
 2519  presumption that the prescription is for legitimate medical use.
 2520         5. Promoting or advertising on any prescription form a
 2521  community pharmacy unless the form also states: “This
 2522  prescription may be filled at any pharmacy of your choice.”
 2523         6. Prescribing, dispensing, administering, mixing, or
 2524  otherwise preparing a legend drug, including a controlled
 2525  substance, other than in the course of his or her professional
 2526  practice. For the purposes of this subparagraph, it is legally
 2527  presumed that prescribing, dispensing, administering, mixing, or
 2528  otherwise preparing legend drugs, including all controlled
 2529  substances, inappropriately or in excessive or inappropriate
 2530  quantities is not in the best interest of the patient and is not
 2531  in the course of the advanced practice registered nurse’s
 2532  advanced registered nurse practitioner’s professional practice,
 2533  without regard to his or her intent.
 2534         7. Prescribing, dispensing, or administering a medicinal
 2535  drug appearing on any schedule set forth in chapter 893 to
 2536  himself or herself, except a drug prescribed, dispensed, or
 2537  administered to the psychiatric nurse by another practitioner
 2538  authorized to prescribe, dispense, or administer medicinal
 2539  drugs.
 2540         8. Prescribing, ordering, dispensing, administering,
 2541  supplying, selling, or giving amygdalin (laetrile) to any
 2542  person.
 2543         9. Dispensing a substance designated in s. 893.03(2) or (3)
 2544  as a substance controlled in Schedule II or Schedule III,
 2545  respectively, in violation of s. 465.0276.
 2546         10. Promoting or advertising through any communication
 2547  medium the use, sale, or dispensing of a substance designated in
 2548  s. 893.03 as a controlled substance.
 2549         Section 62. Paragraph (a) of subsection (4) of section
 2550  464.0205, Florida Statutes, is amended to read:
 2551         464.0205 Retired volunteer nurse certificate.—
 2552         (4) A retired volunteer nurse receiving certification from
 2553  the board shall:
 2554         (a) Work under the direct supervision of the director of a
 2555  county health department, a physician working under a limited
 2556  license issued pursuant to s. 458.317 or s. 459.0075, a
 2557  physician licensed under chapter 458 or chapter 459, an advanced
 2558  practice registered nurse licensed advanced registered nurse
 2559  practitioner certified under s. 464.012, or a registered nurse
 2560  licensed under s. 464.008 or s. 464.009.
 2561         Section 63. Subsection (2) of section 467.003, Florida
 2562  Statutes, is amended to read:
 2563         467.003 Definitions.—As used in this chapter, unless the
 2564  context otherwise requires:
 2565         (2) “Certified nurse midwife” means a person who is
 2566  licensed as an advanced practice registered nurse advanced
 2567  registered nurse practitioner under part I of chapter 464 and
 2568  who is certified to practice midwifery by the American College
 2569  of Nurse Midwives.
 2570         Section 64. Subsection (1) of section 480.0475, Florida
 2571  Statutes, is amended to read:
 2572         480.0475 Massage establishments; prohibited practices.—
 2573         (1) A person may not operate a massage establishment
 2574  between the hours of midnight and 5 a.m. This subsection does
 2575  not apply to a massage establishment:
 2576         (a) Located on the premises of a health care facility as
 2577  defined in s. 408.07; a health care clinic as defined in s.
 2578  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 2579  terms are defined in s. 509.242; a timeshare property as defined
 2580  in s. 721.05; a public airport as defined in s. 330.27; or a
 2581  pari-mutuel facility as defined in s. 550.002;
 2582         (b) In which every massage performed between the hours of
 2583  midnight and 5 a.m. is performed by a massage therapist acting
 2584  under the prescription of a physician or physician assistant
 2585  licensed under chapter 458, an osteopathic physician or
 2586  physician assistant licensed under chapter 459, a chiropractic
 2587  physician licensed under chapter 460, a podiatric physician
 2588  licensed under chapter 461, an advanced practice registered
 2589  nurse advanced registered nurse practitioner licensed under part
 2590  I of chapter 464, or a dentist licensed under chapter 466; or
 2591         (c) Operating during a special event if the county or
 2592  municipality in which the establishment operates has approved
 2593  such operation during the special event.
 2594         Section 65. Subsection (7) of section 483.041, Florida
 2595  Statutes, is amended to read:
 2596         483.041 Definitions.—As used in this part, the term:
 2597         (7) “Licensed practitioner” means a physician licensed
 2598  under chapter 458, chapter 459, chapter 460, or chapter 461; a
 2599  certified optometrist licensed under chapter 463; a dentist
 2600  licensed under chapter 466; a person licensed under chapter 462;
 2601  a consultant pharmacist or doctor of pharmacy licensed under
 2602  chapter 465; or an advanced practice registered nurse advanced
 2603  registered nurse practitioner licensed under part I of chapter
 2604  464; or a duly licensed practitioner from another state licensed
 2605  under similar statutes who orders examinations on materials or
 2606  specimens for nonresidents of the State of Florida, but who
 2607  reside in the same state as the requesting licensed
 2608  practitioner.
 2609         Section 66. Subsection (5) of section 483.801, Florida
 2610  Statutes, is amended to read:
 2611         483.801 Exemptions.—This part applies to all clinical
 2612  laboratories and clinical laboratory personnel within this
 2613  state, except:
 2614         (5) Advanced practice registered nurses advanced registered
 2615  nurse practitioners licensed under part I of chapter 464 who
 2616  perform provider-performed microscopy procedures (PPMP) in an
 2617  exclusive-use laboratory setting.
 2618         Section 67. Paragraph (a) of subsection (11) of section
 2619  486.021, Florida Statutes, is amended to read:
 2620         486.021 Definitions.—In this chapter, unless the context
 2621  otherwise requires, the term:
 2622         (11) “Practice of physical therapy” means the performance
 2623  of physical therapy assessments and the treatment of any
 2624  disability, injury, disease, or other health condition of human
 2625  beings, or the prevention of such disability, injury, disease,
 2626  or other condition of health, and rehabilitation as related
 2627  thereto by the use of the physical, chemical, and other
 2628  properties of air; electricity; exercise; massage; the
 2629  performance of acupuncture only upon compliance with the
 2630  criteria set forth by the Board of Medicine, when no penetration
 2631  of the skin occurs; the use of radiant energy, including
 2632  ultraviolet, visible, and infrared rays; ultrasound; water; the
 2633  use of apparatus and equipment in the application of the
 2634  foregoing or related thereto; the performance of tests of
 2635  neuromuscular functions as an aid to the diagnosis or treatment
 2636  of any human condition; or the performance of electromyography
 2637  as an aid to the diagnosis of any human condition only upon
 2638  compliance with the criteria set forth by the Board of Medicine.
 2639         (a) A physical therapist may implement a plan of treatment
 2640  developed by the physical therapist for a patient or provided
 2641  for a patient by a practitioner of record or by an advanced
 2642  practice registered nurse advanced registered nurse practitioner
 2643  licensed under s. 464.012. The physical therapist shall refer
 2644  the patient to or consult with a practitioner of record if the
 2645  patient’s condition is found to be outside the scope of physical
 2646  therapy. If physical therapy treatment for a patient is required
 2647  beyond 30 days for a condition not previously assessed by a
 2648  practitioner of record, the physical therapist shall have a
 2649  practitioner of record review and sign the plan. The requirement
 2650  that a physical therapist have a practitioner of record review
 2651  and sign a plan of treatment does not apply when a patient has
 2652  been physically examined by a physician licensed in another
 2653  state, the patient has been diagnosed by the physician as having
 2654  a condition for which physical therapy is required, and the
 2655  physical therapist is treating the condition. For purposes of
 2656  this paragraph, a health care practitioner licensed under
 2657  chapter 458, chapter 459, chapter 460, chapter 461, or chapter
 2658  466 and engaged in active practice is eligible to serve as a
 2659  practitioner of record.
 2660         Section 68. Paragraph (d) of subsection (1) of section
 2661  490.012, Florida Statutes, is amended to read:
 2662         490.012 Violations; penalties; injunction.—
 2663         (1)
 2664         (d) A person may not No person shall hold herself or
 2665  himself out by any title or description incorporating the word,
 2666  or a permutation of the word, “psychotherapy” unless such person
 2667  holds a valid, active license under chapter 458, chapter 459,
 2668  chapter 490, or chapter 491, or such person is licensed
 2669  certified as an advanced practice registered nurse under
 2670  advanced registered nurse practitioner, pursuant to s. 464.012,
 2671  who has been determined by the Board of Nursing as a specialist
 2672  in psychiatric mental health.
 2673         Section 69. Subsection (1) of section 491.0057, Florida
 2674  Statutes, is amended to read:
 2675         491.0057 Dual licensure as a marriage and family
 2676  therapist.—The department shall license as a marriage and family
 2677  therapist any person who demonstrates to the board that he or
 2678  she:
 2679         (1) Holds a valid, active license as a psychologist under
 2680  chapter 490 or as a clinical social worker or mental health
 2681  counselor under this chapter, or is licensed certified under s.
 2682  464.012 as an advanced practice registered nurse advanced
 2683  registered nurse practitioner who has been determined by the
 2684  Board of Nursing as a specialist in psychiatric mental health.
 2685         Section 70. Paragraph (d) of subsection (1) and subsection
 2686  (2) of section 491.012, Florida Statutes, are amended to read:
 2687         491.012 Violations; penalty; injunction.—
 2688         (1) It is unlawful and a violation of this chapter for any
 2689  person to:
 2690         (d) Use the terms psychotherapist, sex therapist, or
 2691  juvenile sexual offender therapist unless such person is
 2692  licensed pursuant to this chapter or chapter 490, or is licensed
 2693  certified under s. 464.012 as an advanced practice registered
 2694  nurse advanced registered nurse practitioner who has been
 2695  determined by the Board of Nursing as a specialist in
 2696  psychiatric mental health and the use of such terms is within
 2697  the scope of her or his practice based on education, training,
 2698  and licensure.
 2699         (2) It is unlawful and a violation of this chapter for any
 2700  person to describe her or his services using the following terms
 2701  or any derivative thereof, unless such person holds a valid,
 2702  active license under this chapter or chapter 490, or is licensed
 2703  certified under s. 464.012 as an advanced practice registered
 2704  nurse advanced registered nurse practitioner who has been
 2705  determined by the Board of Nursing as a specialist in
 2706  psychiatric mental health and the use of such terms is within
 2707  the scope of her or his practice based on education, training,
 2708  and licensure:
 2709         (a) “Psychotherapy.”
 2710         (b) “Sex therapy.”
 2711         (c) “Sex counseling.”
 2712         (d) “Clinical social work.”
 2713         (e) “Psychiatric social work.”
 2714         (f) “Marriage and family therapy.”
 2715         (g) “Marriage and family counseling.”
 2716         (h) “Marriage counseling.”
 2717         (i) “Family counseling.”
 2718         (j) “Mental health counseling.”
 2719         Section 71. Subsection (2) of section 493.6108, Florida
 2720  Statutes, is amended to read:
 2721         493.6108 Investigation of applicants by Department of
 2722  Agriculture and Consumer Services.—
 2723         (2) In addition to subsection (1), the department shall
 2724  make an investigation of the general physical fitness of the
 2725  Class “G” applicant to bear a weapon or firearm. Determination
 2726  of physical fitness shall be certified by a physician or
 2727  physician assistant currently licensed pursuant to chapter 458,
 2728  chapter 459, or any similar law of another state or authorized
 2729  to act as a licensed physician by a federal agency or department
 2730  or by an advanced practice registered nurse advanced registered
 2731  nurse practitioner currently licensed pursuant to chapter 464.
 2732  Such certification shall be submitted on a form provided by the
 2733  department.
 2734         Section 72. Paragraph (b) of subsection (1) of section
 2735  627.357, Florida Statutes, is amended to read:
 2736         627.357 Medical malpractice self-insurance.—
 2737         (1) DEFINITIONS.—As used in this section, the term:
 2738         (b) “Health care provider” means any:
 2739         1. Hospital licensed under chapter 395.
 2740         2. Physician licensed, or physician assistant licensed,
 2741  under chapter 458.
 2742         3. Osteopathic physician or physician assistant licensed
 2743  under chapter 459.
 2744         4. Podiatric physician licensed under chapter 461.
 2745         5. Health maintenance organization certificated under part
 2746  I of chapter 641.
 2747         6. Ambulatory surgical center licensed under chapter 395.
 2748         7. Chiropractic physician licensed under chapter 460.
 2749         8. Psychologist licensed under chapter 490.
 2750         9. Optometrist licensed under chapter 463.
 2751         10. Dentist licensed under chapter 466.
 2752         11. Pharmacist licensed under chapter 465.
 2753         12. Registered nurse, licensed practical nurse, or advanced
 2754  practice registered nurse advanced registered nurse practitioner
 2755  licensed or registered under part I of chapter 464.
 2756         13. Other medical facility.
 2757         14. Professional association, partnership, corporation,
 2758  joint venture, or other association established by the
 2759  individuals set forth in subparagraphs 2., 3., 4., 7., 8., 9.,
 2760  10., 11., and 12. for professional activity.
 2761         Section 73. Subsection (6) of section 627.6471, Florida
 2762  Statutes, is amended to read:
 2763         627.6471 Contracts for reduced rates of payment;
 2764  limitations; coinsurance and deductibles.—
 2765         (6) If psychotherapeutic services are covered by a policy
 2766  issued by the insurer, the insurer shall provide eligibility
 2767  criteria for each group of health care providers licensed under
 2768  chapter 458, chapter 459, chapter 490, or chapter 491, which
 2769  include psychotherapy within the scope of their practice as
 2770  provided by law, or for any person who is licensed certified as
 2771  an advanced practice registered nurse advanced registered nurse
 2772  practitioner in psychiatric mental health under s. 464.012. When
 2773  psychotherapeutic services are covered, eligibility criteria
 2774  shall be established by the insurer to be included in the
 2775  insurer’s criteria for selection of network providers. The
 2776  insurer may not discriminate against a health care provider by
 2777  excluding such practitioner from its provider network solely on
 2778  the basis of the practitioner’s license.
 2779         Section 74. Subsections (15) and (17) of section 627.6472,
 2780  Florida Statutes, are amended to read:
 2781         627.6472 Exclusive provider organizations.—
 2782         (15) If psychotherapeutic services are covered by a policy
 2783  issued by the insurer, the insurer shall provide eligibility
 2784  criteria for all groups of health care providers licensed under
 2785  chapter 458, chapter 459, chapter 490, or chapter 491, which
 2786  include psychotherapy within the scope of their practice as
 2787  provided by law, or for any person who is licensed certified as
 2788  an advanced practice registered nurse advanced registered nurse
 2789  practitioner in psychiatric mental health under s. 464.012. When
 2790  psychotherapeutic services are covered, eligibility criteria
 2791  shall be established by the insurer to be included in the
 2792  insurer’s criteria for selection of network providers. The
 2793  insurer may not discriminate against a health care provider by
 2794  excluding such practitioner from its provider network solely on
 2795  the basis of the practitioner’s license.
 2796         (17) An exclusive provider organization shall not
 2797  discriminate with respect to participation as to any advanced
 2798  practice registered nurse advanced registered nurse practitioner
 2799  licensed and certified pursuant to s. 464.012, who is acting
 2800  within the scope of such license and certification, solely on
 2801  the basis of such license or certification. This subsection
 2802  shall not be construed to prohibit a plan from including
 2803  providers only to the extent necessary to meet the needs of the
 2804  plan’s enrollees or from establishing any measure designed to
 2805  maintain quality and control costs consistent with the
 2806  responsibilities of the plan.
 2807         Section 75. Paragraph (a) of subsection (1) of section
 2808  627.736, Florida Statutes, is amended to read:
 2809         627.736 Required personal injury protection benefits;
 2810  exclusions; priority; claims.—
 2811         (1) REQUIRED BENEFITS.—An insurance policy complying with
 2812  the security requirements of s. 627.733 must provide personal
 2813  injury protection to the named insured, relatives residing in
 2814  the same household, persons operating the insured motor vehicle,
 2815  passengers in the motor vehicle, and other persons struck by the
 2816  motor vehicle and suffering bodily injury while not an occupant
 2817  of a self-propelled vehicle, subject to subsection (2) and
 2818  paragraph (4)(e), to a limit of $10,000 in medical and
 2819  disability benefits and $5,000 in death benefits resulting from
 2820  bodily injury, sickness, disease, or death arising out of the
 2821  ownership, maintenance, or use of a motor vehicle as follows:
 2822         (a) Medical benefits.—Eighty percent of all reasonable
 2823  expenses for medically necessary medical, surgical, X-ray,
 2824  dental, and rehabilitative services, including prosthetic
 2825  devices and medically necessary ambulance, hospital, and nursing
 2826  services if the individual receives initial services and care
 2827  pursuant to subparagraph 1. within 14 days after the motor
 2828  vehicle accident. The medical benefits provide reimbursement
 2829  only for:
 2830         1. Initial services and care that are lawfully provided,
 2831  supervised, ordered, or prescribed by a physician licensed under
 2832  chapter 458 or chapter 459, a dentist licensed under chapter
 2833  466, or a chiropractic physician licensed under chapter 460 or
 2834  that are provided in a hospital or in a facility that owns, or
 2835  is wholly owned by, a hospital. Initial services and care may
 2836  also be provided by a person or entity licensed under part III
 2837  of chapter 401 which provides emergency transportation and
 2838  treatment.
 2839         2. Upon referral by a provider described in subparagraph
 2840  1., followup services and care consistent with the underlying
 2841  medical diagnosis rendered pursuant to subparagraph 1. which may
 2842  be provided, supervised, ordered, or prescribed only by a
 2843  physician licensed under chapter 458 or chapter 459, a
 2844  chiropractic physician licensed under chapter 460, a dentist
 2845  licensed under chapter 466, or, to the extent permitted by
 2846  applicable law and under the supervision of such physician,
 2847  osteopathic physician, chiropractic physician, or dentist, by a
 2848  physician assistant licensed under chapter 458 or chapter 459 or
 2849  an advanced practice registered nurse advanced registered nurse
 2850  practitioner licensed under chapter 464. Followup services and
 2851  care may also be provided by the following persons or entities:
 2852         a. A hospital or ambulatory surgical center licensed under
 2853  chapter 395.
 2854         b. An entity wholly owned by one or more physicians
 2855  licensed under chapter 458 or chapter 459, chiropractic
 2856  physicians licensed under chapter 460, or dentists licensed
 2857  under chapter 466 or by such practitioners and the spouse,
 2858  parent, child, or sibling of such practitioners.
 2859         c. An entity that owns or is wholly owned, directly or
 2860  indirectly, by a hospital or hospitals.
 2861         d. A physical therapist licensed under chapter 486, based
 2862  upon a referral by a provider described in this subparagraph.
 2863         e. A health care clinic licensed under part X of chapter
 2864  400 which is accredited by an accrediting organization whose
 2865  standards incorporate comparable regulations required by this
 2866  state, or
 2867         (I) Has a medical director licensed under chapter 458,
 2868  chapter 459, or chapter 460;
 2869         (II) Has been continuously licensed for more than 3 years
 2870  or is a publicly traded corporation that issues securities
 2871  traded on an exchange registered with the United States
 2872  Securities and Exchange Commission as a national securities
 2873  exchange; and
 2874         (III) Provides at least four of the following medical
 2875  specialties:
 2876         (A) General medicine.
 2877         (B) Radiography.
 2878         (C) Orthopedic medicine.
 2879         (D) Physical medicine.
 2880         (E) Physical therapy.
 2881         (F) Physical rehabilitation.
 2882         (G) Prescribing or dispensing outpatient prescription
 2883  medication.
 2884         (H) Laboratory services.
 2885         3. Reimbursement for services and care provided in
 2886  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
 2887  licensed under chapter 458 or chapter 459, a dentist licensed
 2888  under chapter 466, a physician assistant licensed under chapter
 2889  458 or chapter 459, or an advanced practice registered nurse
 2890  advanced registered nurse practitioner licensed under chapter
 2891  464 has determined that the injured person had an emergency
 2892  medical condition.
 2893         4. Reimbursement for services and care provided in
 2894  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
 2895  provider listed in subparagraph 1. or subparagraph 2. determines
 2896  that the injured person did not have an emergency medical
 2897  condition.
 2898         5. Medical benefits do not include massage as defined in s.
 2899  480.033 or acupuncture as defined in s. 457.102, regardless of
 2900  the person, entity, or licensee providing massage or
 2901  acupuncture, and a licensed massage therapist or licensed
 2902  acupuncturist may not be reimbursed for medical benefits under
 2903  this section.
 2904         6. The Financial Services Commission shall adopt by rule
 2905  the form that must be used by an insurer and a health care
 2906  provider specified in sub-subparagraph 2.b., sub-subparagraph
 2907  2.c., or sub-subparagraph 2.e. to document that the health care
 2908  provider meets the criteria of this paragraph. Such rule must
 2909  include a requirement for a sworn statement or affidavit.
 2910  
 2911  Only insurers writing motor vehicle liability insurance in this
 2912  state may provide the required benefits of this section, and
 2913  such insurer may not require the purchase of any other motor
 2914  vehicle coverage other than the purchase of property damage
 2915  liability coverage as required by s. 627.7275 as a condition for
 2916  providing such benefits. Insurers may not require that property
 2917  damage liability insurance in an amount greater than $10,000 be
 2918  purchased in conjunction with personal injury protection. Such
 2919  insurers shall make benefits and required property damage
 2920  liability insurance coverage available through normal marketing
 2921  channels. An insurer writing motor vehicle liability insurance
 2922  in this state who fails to comply with such availability
 2923  requirement as a general business practice violates part IX of
 2924  chapter 626, and such violation constitutes an unfair method of
 2925  competition or an unfair or deceptive act or practice involving
 2926  the business of insurance. An insurer committing such violation
 2927  is subject to the penalties provided under that part, as well as
 2928  those provided elsewhere in the insurance code.
 2929         Section 76. Subsection (5) of section 633.412, Florida
 2930  Statutes, is amended to read:
 2931         633.412 Firefighters; qualifications for certification.—A
 2932  person applying for certification as a firefighter must:
 2933         (5) Be in good physical condition as determined by a
 2934  medical examination given by a physician, surgeon, or physician
 2935  assistant licensed to practice in the state pursuant to chapter
 2936  458; an osteopathic physician, surgeon, or physician assistant
 2937  licensed to practice in the state pursuant to chapter 459; or an
 2938  advanced practice registered nurse advanced registered nurse
 2939  practitioner licensed to practice in the state pursuant to
 2940  chapter 464. Such examination may include, but need not be
 2941  limited to, the National Fire Protection Association Standard
 2942  1582. A medical examination evidencing good physical condition
 2943  shall be submitted to the division, on a form as provided by
 2944  rule, before an individual is eligible for admission into a
 2945  course under s. 633.408.
 2946         Section 77. Section 641.3923, Florida Statutes, is amended
 2947  to read:
 2948         641.3923 Discrimination against providers prohibited.—A
 2949  health maintenance organization may shall not discriminate with
 2950  respect to participation as to any advanced practice registered
 2951  nurse advanced registered nurse practitioner licensed and
 2952  certified pursuant to s. 464.012, who is acting within the scope
 2953  of such license and certification, solely on the basis of such
 2954  license or certification. This section may shall not be
 2955  construed to prohibit a plan from including providers only to
 2956  the extent necessary to meet the needs of the plan’s enrollees
 2957  or from establishing any measure designed to maintain quality
 2958  and control costs consistent with the responsibilities of the
 2959  plan.
 2960         Section 78. Subsection (3) of section 766.103, Florida
 2961  Statutes, is amended to read:
 2962         766.103 Florida Medical Consent Law.—
 2963         (3) No recovery shall be allowed in any court in this state
 2964  against any physician licensed under chapter 458, osteopathic
 2965  physician licensed under chapter 459, chiropractic physician
 2966  licensed under chapter 460, podiatric physician licensed under
 2967  chapter 461, dentist licensed under chapter 466, advanced
 2968  practice registered nurse licensed advanced registered nurse
 2969  practitioner certified under s. 464.012, or physician assistant
 2970  licensed under s. 458.347 or s. 459.022 in an action brought for
 2971  treating, examining, or operating on a patient without his or
 2972  her informed consent when:
 2973         (a)1. The action of the physician, osteopathic physician,
 2974  chiropractic physician, podiatric physician, dentist, advanced
 2975  practice registered nurse advanced registered nurse
 2976  practitioner, or physician assistant in obtaining the consent of
 2977  the patient or another person authorized to give consent for the
 2978  patient was in accordance with an accepted standard of medical
 2979  practice among members of the medical profession with similar
 2980  training and experience in the same or similar medical community
 2981  as that of the person treating, examining, or operating on the
 2982  patient for whom the consent is obtained; and
 2983         2. A reasonable individual, from the information provided
 2984  by the physician, osteopathic physician, chiropractic physician,
 2985  podiatric physician, dentist, advanced practice registered nurse
 2986  advanced registered nurse practitioner, or physician assistant,
 2987  under the circumstances, would have a general understanding of
 2988  the procedure, the medically acceptable alternative procedures
 2989  or treatments, and the substantial risks and hazards inherent in
 2990  the proposed treatment or procedures, which are recognized among
 2991  other physicians, osteopathic physicians, chiropractic
 2992  physicians, podiatric physicians, or dentists in the same or
 2993  similar community who perform similar treatments or procedures;
 2994  or
 2995         (b) The patient would reasonably, under all the surrounding
 2996  circumstances, have undergone such treatment or procedure had he
 2997  or she been advised by the physician, osteopathic physician,
 2998  chiropractic physician, podiatric physician, dentist, advanced
 2999  practice registered nurse advanced registered nurse
 3000  practitioner, or physician assistant in accordance with the
 3001  provisions of paragraph (a).
 3002         Section 79. Paragraph (d) of subsection (3) of section
 3003  766.1115, Florida Statutes, is amended to read:
 3004         766.1115 Health care providers; creation of agency
 3005  relationship with governmental contractors.—
 3006         (3) DEFINITIONS.—As used in this section, the term:
 3007         (d) “Health care provider” or “provider” means:
 3008         1. A birth center licensed under chapter 383.
 3009         2. An ambulatory surgical center licensed under chapter
 3010  395.
 3011         3. A hospital licensed under chapter 395.
 3012         4. A physician or physician assistant licensed under
 3013  chapter 458.
 3014         5. An osteopathic physician or osteopathic physician
 3015  assistant licensed under chapter 459.
 3016         6. A chiropractic physician licensed under chapter 460.
 3017         7. A podiatric physician licensed under chapter 461.
 3018         8. A registered nurse, nurse midwife, licensed practical
 3019  nurse, or advanced practice registered nurse advanced registered
 3020  nurse practitioner licensed or registered under part I of
 3021  chapter 464 or any facility which employs nurses licensed or
 3022  registered under part I of chapter 464 to supply all or part of
 3023  the care delivered under this section.
 3024         9. A midwife licensed under chapter 467.
 3025         10. A health maintenance organization certificated under
 3026  part I of chapter 641.
 3027         11. A health care professional association and its
 3028  employees or a corporate medical group and its employees.
 3029         12. Any other medical facility the primary purpose of which
 3030  is to deliver human medical diagnostic services or which
 3031  delivers nonsurgical human medical treatment, and which includes
 3032  an office maintained by a provider.
 3033         13. A dentist or dental hygienist licensed under chapter
 3034  466.
 3035         14. A free clinic that delivers only medical diagnostic
 3036  services or nonsurgical medical treatment free of charge to all
 3037  low-income recipients.
 3038         15. Any other health care professional, practitioner,
 3039  provider, or facility under contract with a governmental
 3040  contractor, including a student enrolled in an accredited
 3041  program that prepares the student for licensure as any one of
 3042  the professionals listed in subparagraphs 4.-9.
 3043  
 3044  The term includes any nonprofit corporation qualified as exempt
 3045  from federal income taxation under s. 501(a) of the Internal
 3046  Revenue Code, and described in s. 501(c) of the Internal Revenue
 3047  Code, which delivers health care services provided by licensed
 3048  professionals listed in this paragraph, any federally funded
 3049  community health center, and any volunteer corporation or
 3050  volunteer health care provider that delivers health care
 3051  services.
 3052         Section 80. Subsection (1) of section 766.1116, Florida
 3053  Statutes, is amended to read:
 3054         766.1116 Health care practitioner; waiver of license
 3055  renewal fees and continuing education requirements.—
 3056         (1) As used in this section, the term “health care
 3057  practitioner” means a physician or physician assistant licensed
 3058  under chapter 458; an osteopathic physician or physician
 3059  assistant licensed under chapter 459; a chiropractic physician
 3060  licensed under chapter 460; a podiatric physician licensed under
 3061  chapter 461; an advanced practice registered nurse advanced
 3062  registered nurse practitioner, registered nurse, or licensed
 3063  practical nurse licensed under part I of chapter 464; a dentist
 3064  or dental hygienist licensed under chapter 466; or a midwife
 3065  licensed under chapter 467, who participates as a health care
 3066  provider under s. 766.1115.
 3067         Section 81. Paragraph (c) of subsection (1) of section
 3068  766.118, Florida Statutes, is amended to read:
 3069         766.118 Determination of noneconomic damages.—
 3070         (1) DEFINITIONS.—As used in this section, the term:
 3071         (c) “Practitioner” means any person licensed under chapter
 3072  458, chapter 459, chapter 460, chapter 461, chapter 462, chapter
 3073  463, chapter 466, chapter 467, or chapter 486 or certified under
 3074  s. 464.012. “Practitioner” also means any association,
 3075  corporation, firm, partnership, or other business entity under
 3076  which such practitioner practices or any employee of such
 3077  practitioner or entity acting in the scope of his or her
 3078  employment. For the purpose of determining the limitations on
 3079  noneconomic damages set forth in this section, the term
 3080  “practitioner” includes any person or entity for whom a
 3081  practitioner is vicariously liable and any person or entity
 3082  whose liability is based solely on such person or entity being
 3083  vicariously liable for the actions of a practitioner.
 3084         Section 82. Subsection (5) of section 794.08, Florida
 3085  Statutes, is amended to read:
 3086         794.08 Female genital mutilation.—
 3087         (5) This section does not apply to procedures performed by
 3088  or under the direction of a physician licensed under chapter
 3089  458, an osteopathic physician licensed under chapter 459, a
 3090  registered nurse licensed under part I of chapter 464, a
 3091  practical nurse licensed under part I of chapter 464, an
 3092  advanced practice registered nurse advanced registered nurse
 3093  practitioner licensed under part I of chapter 464, a midwife
 3094  licensed under chapter 467, or a physician assistant licensed
 3095  under chapter 458 or chapter 459 when necessary to preserve the
 3096  physical health of a female person. This section also does not
 3097  apply to any autopsy or limited dissection conducted pursuant to
 3098  chapter 406.
 3099         Section 83. Subsection (23) of section 893.02, Florida
 3100  Statutes, is amended to read:
 3101         893.02 Definitions.—The following words and phrases as used
 3102  in this chapter shall have the following meanings, unless the
 3103  context otherwise requires:
 3104         (23) “Practitioner” means a physician licensed under
 3105  chapter 458, a dentist licensed under chapter 466, a
 3106  veterinarian licensed under chapter 474, an osteopathic
 3107  physician licensed under chapter 459, an advanced practice
 3108  registered nurse licensed advanced registered nurse practitioner
 3109  certified under chapter 464, a naturopath licensed under chapter
 3110  462, a certified optometrist licensed under chapter 463, a
 3111  psychiatric nurse as defined in s. 394.455, a podiatric
 3112  physician licensed under chapter 461, or a physician assistant
 3113  licensed under chapter 458 or chapter 459, provided such
 3114  practitioner holds a valid federal controlled substance registry
 3115  number.
 3116         Section 84. Paragraph (b) of subsection (1) of section
 3117  893.05, Florida Statutes, is amended to read:
 3118         893.05 Practitioners and persons administering controlled
 3119  substances in their absence.—
 3120         (1)
 3121         (b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s.
 3122  464.012(3), as applicable, a practitioner who supervises a
 3123  licensed physician assistant or advanced practice registered
 3124  nurse advanced registered nurse practitioner may authorize the
 3125  licensed physician assistant or advanced practice registered
 3126  nurse advanced registered nurse practitioner to order controlled
 3127  substances for administration to a patient in a facility
 3128  licensed under chapter 395 or part II of chapter 400.
 3129         Section 85. Subsection (6) of section 943.13, Florida
 3130  Statutes, is amended to read:
 3131         943.13 Officers’ minimum qualifications for employment or
 3132  appointment.—On or after October 1, 1984, any person employed or
 3133  appointed as a full-time, part-time, or auxiliary law
 3134  enforcement officer or correctional officer; on or after October
 3135  1, 1986, any person employed as a full-time, part-time, or
 3136  auxiliary correctional probation officer; and on or after
 3137  October 1, 1986, any person employed as a full-time, part-time,
 3138  or auxiliary correctional officer by a private entity under
 3139  contract to the Department of Corrections, to a county
 3140  commission, or to the Department of Management Services shall:
 3141         (6) Have passed a physical examination by a licensed
 3142  physician, physician assistant, or licensed advanced practice
 3143  registered nurse certified advanced registered nurse
 3144  practitioner, based on specifications established by the
 3145  commission. In order to be eligible for the presumption set
 3146  forth in s. 112.18 while employed with an employing agency, a
 3147  law enforcement officer, correctional officer, or correctional
 3148  probation officer must have successfully passed the physical
 3149  examination required by this subsection upon entering into
 3150  service as a law enforcement officer, correctional officer, or
 3151  correctional probation officer with the employing agency, which
 3152  examination must have failed to reveal any evidence of
 3153  tuberculosis, heart disease, or hypertension. A law enforcement
 3154  officer, correctional officer, or correctional probation officer
 3155  may not use a physical examination from a former employing
 3156  agency for purposes of claiming the presumption set forth in s.
 3157  112.18 against the current employing agency.
 3158         Section 86. Paragraph (n) of subsection (1) of section
 3159  948.03, Florida Statutes, is amended to read:
 3160         948.03 Terms and conditions of probation.—
 3161         (1) The court shall determine the terms and conditions of
 3162  probation. Conditions specified in this section do not require
 3163  oral pronouncement at the time of sentencing and may be
 3164  considered standard conditions of probation. These conditions
 3165  may include among them the following, that the probationer or
 3166  offender in community control shall:
 3167         (n) Be prohibited from using intoxicants to excess or
 3168  possessing any drugs or narcotics unless prescribed by a
 3169  physician, an advanced practice registered nurse advanced
 3170  registered nurse practitioner, or a physician assistant. The
 3171  probationer or community controllee may not knowingly visit
 3172  places where intoxicants, drugs, or other dangerous substances
 3173  are unlawfully sold, dispensed, or used.
 3174         Section 87. Paragraph (i) of subsection (3) of section
 3175  1002.20, Florida Statutes, is amended to read:
 3176         1002.20 K-12 student and parent rights.—Parents of public
 3177  school students must receive accurate and timely information
 3178  regarding their child’s academic progress and must be informed
 3179  of ways they can help their child to succeed in school. K-12
 3180  students and their parents are afforded numerous statutory
 3181  rights including, but not limited to, the following:
 3182         (3) HEALTH ISSUES.—
 3183         (i) Epinephrine use and supply.—
 3184         1. A student who has experienced or is at risk for life
 3185  threatening allergic reactions may carry an epinephrine auto
 3186  injector and self-administer epinephrine by auto-injector while
 3187  in school, participating in school-sponsored activities, or in
 3188  transit to or from school or school-sponsored activities if the
 3189  school has been provided with parental and physician
 3190  authorization. The State Board of Education, in cooperation with
 3191  the Department of Health, shall adopt rules for such use of
 3192  epinephrine auto-injectors that shall include provisions to
 3193  protect the safety of all students from the misuse or abuse of
 3194  auto-injectors. A school district, county health department,
 3195  public-private partner, and their employees and volunteers shall
 3196  be indemnified by the parent of a student authorized to carry an
 3197  epinephrine auto-injector for any and all liability with respect
 3198  to the student’s use of an epinephrine auto-injector pursuant to
 3199  this paragraph.
 3200         2. A public school may purchase a supply of epinephrine
 3201  auto-injectors from a wholesale distributor as defined in s.
 3202  499.003 or may enter into an arrangement with a wholesale
 3203  distributor or manufacturer as defined in s. 499.003 for the
 3204  epinephrine auto-injectors at fair-market, free, or reduced
 3205  prices for use in the event a student has an anaphylactic
 3206  reaction. The epinephrine auto-injectors must be maintained in a
 3207  secure location on the public school’s premises. The
 3208  participating school district shall adopt a protocol developed
 3209  by a licensed physician for the administration by school
 3210  personnel who are trained to recognize an anaphylactic reaction
 3211  and to administer an epinephrine auto-injection. The supply of
 3212  epinephrine auto-injectors may be provided to and used by a
 3213  student authorized to self-administer epinephrine by auto
 3214  injector under subparagraph 1. or trained school personnel.
 3215         3. The school district and its employees, agents, and the
 3216  physician who provides the standing protocol for school
 3217  epinephrine auto-injectors are not liable for any injury arising
 3218  from the use of an epinephrine auto-injector administered by
 3219  trained school personnel who follow the adopted protocol and
 3220  whose professional opinion is that the student is having an
 3221  anaphylactic reaction:
 3222         a. Unless the trained school personnel’s action is willful
 3223  and wanton;
 3224         b. Notwithstanding that the parents or guardians of the
 3225  student to whom the epinephrine is administered have not been
 3226  provided notice or have not signed a statement acknowledging
 3227  that the school district is not liable; and
 3228         c. Regardless of whether authorization has been given by
 3229  the student’s parents or guardians or by the student’s
 3230  physician, physician’s assistant, or advanced practice
 3231  registered nurse advanced registered nurse practitioner.
 3232         Section 88. Paragraph (b) of subsection (17) of section
 3233  1002.42, Florida Statutes, is amended to read:
 3234         1002.42 Private schools.—
 3235         (17) EPINEPHRINE SUPPLY.—
 3236         (b) The private school and its employees, agents, and the
 3237  physician who provides the standing protocol for school
 3238  epinephrine auto-injectors are not liable for any injury arising
 3239  from the use of an epinephrine auto-injector administered by
 3240  trained school personnel who follow the adopted protocol and
 3241  whose professional opinion is that the student is having an
 3242  anaphylactic reaction:
 3243         1. Unless the trained school personnel’s action is willful
 3244  and wanton;
 3245         2. Notwithstanding that the parents or guardians of the
 3246  student to whom the epinephrine is administered have not been
 3247  provided notice or have not signed a statement acknowledging
 3248  that the school district is not liable; and
 3249         3. Regardless of whether authorization has been given by
 3250  the student’s parents or guardians or by the student’s
 3251  physician, physician’s assistant, or advanced practice
 3252  registered nurse advanced registered nurse practitioner.
 3253         Section 89. Subsections (4) and (5) of section 1006.062,
 3254  Florida Statutes, are amended to read:
 3255         1006.062 Administration of medication and provision of
 3256  medical services by district school board personnel.—
 3257         (4) Nonmedical assistive personnel shall be allowed to
 3258  perform health-related services upon successful completion of
 3259  child-specific training by a registered nurse or advanced
 3260  practice registered nurse advanced registered nurse practitioner
 3261  licensed under chapter 464, a physician licensed pursuant to
 3262  chapter 458 or chapter 459, or a physician assistant licensed
 3263  pursuant to chapter 458 or chapter 459. All procedures shall be
 3264  monitored periodically by a nurse, advanced practice registered
 3265  nurse advanced registered nurse practitioner, physician
 3266  assistant, or physician, including, but not limited to:
 3267         (a) Intermittent clean catheterization.
 3268         (b) Gastrostomy tube feeding.
 3269         (c) Monitoring blood glucose.
 3270         (d) Administering emergency injectable medication.
 3271         (5) For all other invasive medical services not listed in
 3272  this subsection, a registered nurse or advanced practice
 3273  registered nurse advanced registered nurse practitioner licensed
 3274  under chapter 464, a physician licensed pursuant to chapter 458
 3275  or chapter 459, or a physician assistant licensed pursuant to
 3276  chapter 458 or chapter 459 shall determine if nonmedical
 3277  district school board personnel shall be allowed to perform such
 3278  service.
 3279         Section 90. Subsection (1) and paragraph (a) of subsection
 3280  (2) of section 1009.65, Florida Statutes, are amended to read:
 3281         1009.65 Medical Education Reimbursement and Loan Repayment
 3282  Program.—
 3283         (1) To encourage qualified medical professionals to
 3284  practice in underserved locations where there are shortages of
 3285  such personnel, there is established the Medical Education
 3286  Reimbursement and Loan Repayment Program. The function of the
 3287  program is to make payments that offset loans and educational
 3288  expenses incurred by students for studies leading to a medical
 3289  or nursing degree, medical or nursing licensure, or advanced
 3290  practice registered nurse licensure advanced registered nurse
 3291  practitioner certification or physician assistant licensure. The
 3292  following licensed or certified health care professionals are
 3293  eligible to participate in this program: medical doctors with
 3294  primary care specialties, doctors of osteopathic medicine with
 3295  primary care specialties, physician’s assistants, licensed
 3296  practical nurses and registered nurses, and advanced practice
 3297  registered nurses advanced registered nurse practitioners with
 3298  primary care specialties such as certified nurse midwives.
 3299  Primary care medical specialties for physicians include
 3300  obstetrics, gynecology, general and family practice, internal
 3301  medicine, pediatrics, and other specialties which may be
 3302  identified by the Department of Health.
 3303         (2) From the funds available, the Department of Health
 3304  shall make payments to selected medical professionals as
 3305  follows:
 3306         (a) Up to $4,000 per year for licensed practical nurses and
 3307  registered nurses, up to $10,000 per year for advanced practice
 3308  registered nurses advanced registered nurse practitioners and
 3309  physician’s assistants, and up to $20,000 per year for
 3310  physicians. Penalties for noncompliance shall be the same as
 3311  those in the National Health Services Corps Loan Repayment
 3312  Program. Educational expenses include costs for tuition,
 3313  matriculation, registration, books, laboratory and other fees,
 3314  other educational costs, and reasonable living expenses as
 3315  determined by the Department of Health.
 3316         Section 91. Subsection (2) of section 1009.66, Florida
 3317  Statutes, is amended to read:
 3318         1009.66 Nursing Student Loan Forgiveness Program.—
 3319         (2) To be eligible, a candidate must have graduated from an
 3320  accredited or approved nursing program and have received a
 3321  Florida license as a licensed practical nurse or a registered
 3322  nurse or a Florida license certificate as an advanced practice
 3323  registered nurse advanced registered nurse practitioner.
 3324         Section 92. Subsection (3) of section 1009.67, Florida
 3325  Statutes, is amended to read:
 3326         1009.67 Nursing scholarship program.—
 3327         (3) A scholarship may be awarded for no more than 2 years,
 3328  in an amount not to exceed $8,000 per year. However, registered
 3329  nurses pursuing a graduate degree for a faculty position or to
 3330  practice as an advanced practice registered nurse advanced
 3331  registered nurse practitioner may receive up to $12,000 per
 3332  year. These amounts shall be adjusted by the amount of increase
 3333  or decrease in the Consumer Price Index for All Urban Consumers
 3334  published by the United States Department of Commerce.
 3335         Section 93. This act shall take effect October 1, 2018.