Florida Senate - 2020 SB 230
By Senator Harrell
25-00375A-20 2020230__
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.4018, F.S.; requiring the department to develop
4 strategies to maximize federal-state partnerships that
5 provide incentives for physicians to practice in
6 medically underserved or rural areas; authorizing the
7 department to adopt certain rules; amending s.
8 456.013, F.S.; revising health care practitioner
9 licensure application requirements; amending s.
10 458.3312, F.S.; removing a prohibition against
11 physicians representing themselves as board-certified
12 specialists in dermatology unless the recognizing
13 agency is reviewed and reauthorized on a specified
14 basis by the Board of Medicine; amending s. 459.0055,
15 F.S.; revising licensure requirements for a person
16 seeking licensure or certification as an osteopathic
17 physician; repealing s. 460.4166, F.S., relating to
18 registered chiropractic assistants; amending s.
19 464.019, F.S.; extending through 2025 the Florida
20 Center for Nursing’s responsibility to study and issue
21 an annual report on the implementation of nursing
22 education programs; amending s. 464.202, F.S.;
23 requiring the Board of Nursing to adopt rules that
24 include disciplinary procedures and standards of
25 practice for certified nursing assistants; amending s.
26 464.203, F.S.; revising certification requirements for
27 nursing assistants; amending s. 464.204, F.S.;
28 revising grounds for board-imposed disciplinary
29 sanctions; amending s. 466.006, F.S.; revising certain
30 examination requirements for applicants seeking dental
31 licensure; reviving, reenacting, and amending s.
32 466.0067, F.S., relating to the application for a
33 health access dental license; reviving, reenacting,
34 and amending s. 466.00671, F.S., relating to the
35 renewal of such a license; reviving and reenacting s.
36 466.00672, F.S., relating to the revocation of such a
37 license; amending s. 466.007, F.S.; revising
38 requirements for examinations of dental hygienists;
39 amending s. 466.017, F.S.; requiring dentists and
40 certified registered dental hygienists to report in
41 writing certain adverse incidents to the department
42 within a specified timeframe; providing for
43 disciplinary action by the Board of Dentistry for
44 violations; defining the term “adverse incident”;
45 authorizing the board to adopt rules; amending s.
46 466.031, F.S.; making technical changes; authorizing
47 an employee or an independent contractor of a dental
48 laboratory, acting as an agent of that dental
49 laboratory, to engage in onsite consultation with a
50 licensed dentist during a dental procedure; amending
51 s. 466.036, F.S.; revising the frequency of dental
52 laboratory inspections during a specified period;
53 amending s. 468.701, F.S.; revising the definition of
54 the term “athletic trainer”; deleting a requirement
55 that is relocated to another section; amending s.
56 468.707, F.S.; revising athletic trainer licensure
57 requirements; amending s. 468.711, F.S.; requiring
58 certain licensees to maintain certification in good
59 standing without lapse as a condition of renewal of
60 their athletic trainer licenses; amending s. 468.713,
61 F.S.; requiring that an athletic trainer work within a
62 specified scope of practice; relocating an existing
63 requirement that was stricken from another section;
64 amending s. 468.723, F.S.; requiring the direct
65 supervision of an athletic training student to be in
66 accordance with rules adopted by the Board of Athletic
67 Training; amending s. 468.803, F.S.; revising
68 orthotic, prosthetic, and pedorthic licensure,
69 registration, and examination requirements; amending
70 s. 480.033, F.S.; revising the definition of the term
71 “apprentice”; amending s. 480.041, F.S.; revising
72 qualifications for licensure as a massage therapist;
73 specifying that massage apprentices licensed before a
74 specified date may continue to perform massage therapy
75 as authorized under their licenses; authorizing
76 massage apprentices to apply for full licensure upon
77 completion of their apprenticeships, under certain
78 conditions; repealing s. 480.042, F.S., relating to
79 examinations for licensure as a massage therapist;
80 amending s. 490.003, F.S.; revising the definition of
81 the terms “doctoral-level psychological education” and
82 “doctoral degree in psychology”; amending s. 490.005,
83 F.S.; revising requirements for licensure by
84 examination of psychologists and school psychologists;
85 amending s. 490.006, F.S.; revising requirements for
86 licensure by endorsement of psychologists and school
87 psychologists; amending s. 491.0045, F.S.; exempting
88 clinical social worker interns, marriage and family
89 therapist interns, and mental health counselor interns
90 from registration requirements, under certain
91 circumstances; amending s. 491.005, F.S.; revising
92 requirements for the licensure by examination of
93 marriage and family therapists; revising requirements
94 for the licensure by examination of mental health
95 counselors; amending s. 491.006, F.S.; revising
96 requirements for licensure by endorsement or
97 certification for specified professions; amending s.
98 491.007, F.S.; removing a biennial intern registration
99 fee; amending s. 491.009, F.S.; authorizing the Board
100 of Clinical Social Work, Marriage and Family Therapy,
101 and Mental Health Counseling or, under certain
102 circumstances, the department to enter an order
103 denying licensure or imposing penalties against an
104 applicant for licensure under certain circumstances;
105 amending ss. 491.0046 and 945.42, F.S.; conforming
106 cross-references; providing an effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Subsection (3) of section 381.4018, Florida
111 Statutes, is amended to read:
112 381.4018 Physician workforce assessment and development.—
113 (3) GENERAL FUNCTIONS.—The department shall maximize the
114 use of existing programs under the jurisdiction of the
115 department and other state agencies and coordinate governmental
116 and nongovernmental stakeholders and resources in order to
117 develop a state strategic plan and assess the implementation of
118 such strategic plan. In developing the state strategic plan, the
119 department shall:
120 (a) Monitor, evaluate, and report on the supply and
121 distribution of physicians licensed under chapter 458 or chapter
122 459. The department shall maintain a database to serve as a
123 statewide source of data concerning the physician workforce.
124 (b) Develop a model and quantify, on an ongoing basis, the
125 adequacy of the state’s current and future physician workforce
126 as reliable data becomes available. Such model must take into
127 account demographics, physician practice status, place of
128 education and training, generational changes, population growth,
129 economic indicators, and issues concerning the “pipeline” into
130 medical education.
131 (c) Develop and recommend strategies to determine whether
132 the number of qualified medical school applicants who might
133 become competent, practicing physicians in this state will be
134 sufficient to meet the capacity of the state’s medical schools.
135 If appropriate, the department shall, working with
136 representatives of appropriate governmental and nongovernmental
137 entities, develop strategies and recommendations and identify
138 best practice programs that introduce health care as a
139 profession and strengthen skills needed for medical school
140 admission for elementary, middle, and high school students, and
141 improve premedical education at the precollege and college level
142 in order to increase this state’s potential pool of medical
143 students.
144 (d) Develop strategies to ensure that the number of
145 graduates from the state’s public and private allopathic and
146 osteopathic medical schools is adequate to meet physician
147 workforce needs, based on the analysis of the physician
148 workforce data, so as to provide a high-quality medical
149 education to students in a manner that recognizes the uniqueness
150 of each new and existing medical school in this state.
151 (e) Pursue strategies and policies to create, expand, and
152 maintain graduate medical education positions in the state based
153 on the analysis of the physician workforce data. Such strategies
154 and policies must take into account the effect of federal
155 funding limitations on the expansion and creation of positions
156 in graduate medical education. The department shall develop
157 options to address such federal funding limitations. The
158 department shall consider options to provide direct state
159 funding for graduate medical education positions in a manner
160 that addresses requirements and needs relative to accreditation
161 of graduate medical education programs. The department shall
162 consider funding residency positions as a means of addressing
163 needed physician specialty areas, rural areas having a shortage
164 of physicians, and areas of ongoing critical need, and as a
165 means of addressing the state’s physician workforce needs based
166 on an ongoing analysis of physician workforce data.
167 (f) Develop strategies to maximize federal and state
168 programs that provide for the use of incentives to attract
169 physicians to this state or retain physicians within the state.
170 Such strategies should explore and maximize federal-state
171 partnerships that provide incentives for physicians to practice
172 in federally designated shortage areas, in otherwise medically
173 underserved areas, or in rural areas. Strategies shall also
174 consider the use of state programs, such as the Medical
175 Education Reimbursement and Loan Repayment Program pursuant to
176 s. 1009.65, which provide for education loan repayment or loan
177 forgiveness and provide monetary incentives for physicians to
178 relocate to underserved areas of the state.
179 (g) Coordinate and enhance activities relative to physician
180 workforce needs, undergraduate medical education, graduate
181 medical education, and reentry of retired military and other
182 physicians into the physician workforce provided by the Division
183 of Medical Quality Assurance, area health education center
184 networks established pursuant to s. 381.0402, and other offices
185 and programs within the department as designated by the State
186 Surgeon General.
187 (h) Work in conjunction with and act as a coordinating body
188 for governmental and nongovernmental stakeholders to address
189 matters relating to the state’s physician workforce assessment
190 and development for the purpose of ensuring an adequate supply
191 of well-trained physicians to meet the state’s future needs.
192 Such governmental stakeholders shall include, but need not be
193 limited to, the State Surgeon General or his or her designee,
194 the Commissioner of Education or his or her designee, the
195 Secretary of Health Care Administration or his or her designee,
196 and the Chancellor of the State University System or his or her
197 designee, and, at the discretion of the department, other
198 representatives of state and local agencies that are involved in
199 assessing, educating, or training the state’s current or future
200 physicians. Other stakeholders shall include, but need not be
201 limited to, organizations representing the state’s public and
202 private allopathic and osteopathic medical schools;
203 organizations representing hospitals and other institutions
204 providing health care, particularly those that currently provide
205 or have an interest in providing accredited medical education
206 and graduate medical education to medical students and medical
207 residents; organizations representing allopathic and osteopathic
208 practicing physicians; and, at the discretion of the department,
209 representatives of other organizations or entities involved in
210 assessing, educating, or training the state’s current or future
211 physicians.
212 (i) Serve as a liaison with other states and federal
213 agencies and programs in order to enhance resources available to
214 the state’s physician workforce and medical education continuum.
215 (j) Act as a clearinghouse for collecting and disseminating
216 information concerning the physician workforce and medical
217 education continuum in this state.
218
219 The department may adopt rules to implement this subsection,
220 including rules that establish guidelines to implement the
221 federal Conrad 30 Waiver Program created under s. 214(l) of the
222 Immigration and Nationality Act.
223 Section 2. Paragraph (a) of subsection (1) of section
224 456.013, Florida Statutes, is amended to read:
225 456.013 Department; general licensing provisions.—
226 (1)(a) Any person desiring to be licensed in a profession
227 within the jurisdiction of the department must shall apply to
228 the department in writing to take the licensure examination. The
229 application must shall be made on a form prepared and furnished
230 by the department. The application form must be available on the
231 Internet, World Wide Web and the department may accept
232 electronically submitted applications. The application shall
233 require the social security number and date of birth of the
234 applicant, except as provided in paragraphs (b) and (c). The
235 form shall be supplemented as needed to reflect any material
236 change in any circumstance or condition stated in the
237 application which takes place between the initial filing of the
238 application and the final grant or denial of the license and
239 which might affect the decision of the department. If an
240 application is submitted electronically, the department may
241 require supplemental materials, including an original signature
242 of the applicant and verification of credentials, to be
243 submitted in a nonelectronic format. An incomplete application
244 shall expire 1 year after initial filing. In order to further
245 the economic development goals of the state, and notwithstanding
246 any law to the contrary, the department may enter into an
247 agreement with the county tax collector for the purpose of
248 appointing the county tax collector as the department’s agent to
249 accept applications for licenses and applications for renewals
250 of licenses. The agreement must specify the time within which
251 the tax collector must forward any applications and accompanying
252 application fees to the department.
253 Section 3. Section 458.3312, Florida Statutes, is amended
254 to read:
255 458.3312 Specialties.—A physician licensed under this
256 chapter may not hold himself or herself out as a board-certified
257 specialist unless the physician has received formal recognition
258 as a specialist from a specialty board of the American Board of
259 Medical Specialties or other recognizing agency that has been
260 approved by the board. However, a physician may indicate the
261 services offered and may state that his or her practice is
262 limited to one or more types of services when this accurately
263 reflects the scope of practice of the physician. A physician may
264 not hold himself or herself out as a board-certified specialist
265 in dermatology unless the recognizing agency, whether authorized
266 in statute or by rule, is triennially reviewed and reauthorized
267 by the Board of Medicine.
268 Section 4. Subsection (1) of section 459.0055, Florida
269 Statutes, is amended to read:
270 459.0055 General licensure requirements.—
271 (1) Except as otherwise provided herein, any person
272 desiring to be licensed or certified as an osteopathic physician
273 pursuant to this chapter shall:
274 (a) Complete an application form and submit the appropriate
275 fee to the department;
276 (b) Be at least 21 years of age;
277 (c) Be of good moral character;
278 (d) Have completed at least 3 years of preprofessional
279 postsecondary education;
280 (e) Have not previously committed any act that would
281 constitute a violation of this chapter, unless the board
282 determines that such act does not adversely affect the
283 applicant’s present ability and fitness to practice osteopathic
284 medicine;
285 (f) Not be under investigation in any jurisdiction for an
286 act that would constitute a violation of this chapter. If, upon
287 completion of such investigation, it is determined that the
288 applicant has committed an act that would constitute a violation
289 of this chapter, the applicant is ineligible for licensure
290 unless the board determines that such act does not adversely
291 affect the applicant’s present ability and fitness to practice
292 osteopathic medicine;
293 (g) Have not had an application for a license to practice
294 osteopathic medicine denied or a license to practice osteopathic
295 medicine revoked, suspended, or otherwise acted against by the
296 licensing authority of any jurisdiction unless the board
297 determines that the grounds on which such action was taken do
298 not adversely affect the applicant’s present ability and fitness
299 to practice osteopathic medicine. A licensing authority’s
300 acceptance of a physician’s relinquishment of license,
301 stipulation, consent order, or other settlement, offered in
302 response to or in anticipation of the filing of administrative
303 charges against the osteopathic physician, shall be considered
304 action against the osteopathic physician’s license;
305 (h) Not have received less than a satisfactory evaluation
306 from an internship, residency, or fellowship training program,
307 unless the board determines that such act does not adversely
308 affect the applicant’s present ability and fitness to practice
309 osteopathic medicine. Such evaluation shall be provided by the
310 director of medical education from the medical training
311 facility;
312 (i) Have met the criteria set forth in s. 459.0075, s.
313 459.0077, or s. 459.021, whichever is applicable;
314 (j) Submit to the department a set of fingerprints on a
315 form and under procedures specified by the department, along
316 with a payment in an amount equal to the costs incurred by the
317 Department of Health for the criminal background check of the
318 applicant;
319 (k) Demonstrate that he or she is a graduate of a medical
320 college recognized and approved by the American Osteopathic
321 Association;
322 (l) Demonstrate that she or he has successfully completed
323 an internship or residency a resident internship of not less
324 than 12 months in a program accredited hospital approved for
325 this purpose by the Board of Trustees of the American
326 Osteopathic Association or the Accreditation Council for
327 Graduate Medical Education any other internship program approved
328 by the board upon a showing of good cause by the applicant. This
329 requirement may be waived for an applicant who matriculated in a
330 college of osteopathic medicine during or before 1948; and
331 (m) Demonstrate that she or he has obtained a passing
332 score, as established by rule of the board, on all parts of the
333 examination conducted by the National Board of Osteopathic
334 Medical Examiners or other examination approved by the board no
335 more than 5 years before making application in this state or, if
336 holding a valid active license in another state, that the
337 initial licensure in the other state occurred no more than 5
338 years after the applicant obtained a passing score on the
339 examination conducted by the National Board of Osteopathic
340 Medical Examiners or other substantially similar examination
341 approved by the board.
342 Section 5. Section 460.4166, Florida Statutes, is repealed.
343 Section 6. Subsection (10) of section 464.019, Florida
344 Statutes, is amended to read:
345 464.019 Approval of nursing education programs.—
346 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
347 shall study the administration of this section and submit
348 reports to the Governor, the President of the Senate, and the
349 Speaker of the House of Representatives annually by January 30,
350 through January 30, 2025 2020. The annual reports shall address
351 the previous academic year; provide data on the measures
352 specified in paragraphs (a) and (b), as such data becomes
353 available; and include an evaluation of such data for purposes
354 of determining whether this section is increasing the
355 availability of nursing education programs and the production of
356 quality nurses. The department and each approved program or
357 accredited program shall comply with requests for data from the
358 Florida Center for Nursing.
359 (a) The Florida Center for Nursing shall evaluate program
360 specific data for each approved program and accredited program
361 conducted in the state, including, but not limited to:
362 1. The number of programs and student slots available.
363 2. The number of student applications submitted, the number
364 of qualified applicants, and the number of students accepted.
365 3. The number of program graduates.
366 4. Program retention rates of students tracked from program
367 entry to graduation.
368 5. Graduate passage rates on the National Council of State
369 Boards of Nursing Licensing Examination.
370 6. The number of graduates who become employed as practical
371 or professional nurses in the state.
372 (b) The Florida Center for Nursing shall evaluate the
373 board’s implementation of the:
374 1. Program application approval process, including, but not
375 limited to, the number of program applications submitted under
376 subsection (1),; the number of program applications approved and
377 denied by the board under subsection (2),; the number of denials
378 of program applications reviewed under chapter 120,; and a
379 description of the outcomes of those reviews.
380 2. Accountability processes, including, but not limited to,
381 the number of programs on probationary status, the number of
382 approved programs for which the program director is required to
383 appear before the board under subsection (5), the number of
384 approved programs terminated by the board, the number of
385 terminations reviewed under chapter 120, and a description of
386 the outcomes of those reviews.
387 (c) The Florida Center for Nursing shall complete an annual
388 assessment of compliance by programs with the accreditation
389 requirements of subsection (11), include in the assessment a
390 determination of the accreditation process status for each
391 program, and submit the assessment as part of the reports
392 required by this subsection.
393 Section 7. Section 464.202, Florida Statutes, is amended to
394 read:
395 464.202 Duties and powers of the board.—The board shall
396 maintain, or contract with or approve another entity to
397 maintain, a state registry of certified nursing assistants. The
398 registry must consist of the name of each certified nursing
399 assistant in this state; other identifying information defined
400 by board rule; certification status; the effective date of
401 certification; other information required by state or federal
402 law; information regarding any crime or any abuse, neglect, or
403 exploitation as provided under chapter 435; and any disciplinary
404 action taken against the certified nursing assistant. The
405 registry shall be accessible to the public, the
406 certificateholder, employers, and other state agencies. The
407 board shall adopt by rule testing procedures for use in
408 certifying nursing assistants and shall adopt rules regulating
409 the practice of certified nursing assistants, including
410 disciplinary procedures and standards of practice, and
411 specifying the scope of practice authorized and the level of
412 supervision required for the practice of certified nursing
413 assistants. The board may contract with or approve another
414 entity or organization to provide the examination services,
415 including the development and administration of examinations.
416 The board shall require that the contract provider offer
417 certified nursing assistant applications via the Internet, and
418 may require the contract provider to accept certified nursing
419 assistant applications for processing via the Internet. The
420 board shall require the contract provider to provide the
421 preliminary results of the certified nursing examination on the
422 date the test is administered. The provider shall pay all
423 reasonable costs and expenses incurred by the board in
424 evaluating the provider’s application and performance during the
425 delivery of services, including examination services and
426 procedures for maintaining the certified nursing assistant
427 registry.
428 Section 8. Paragraph (c) of subsection (1) of section
429 464.203, Florida Statutes, is amended to read:
430 464.203 Certified nursing assistants; certification
431 requirement.—
432 (1) The board shall issue a certificate to practice as a
433 certified nursing assistant to any person who demonstrates a
434 minimum competency to read and write and successfully passes the
435 required background screening pursuant to s. 400.215. If the
436 person has successfully passed the required background screening
437 pursuant to s. 400.215 or s. 408.809 within 90 days before
438 applying for a certificate to practice and the person’s
439 background screening results are not retained in the
440 clearinghouse created under s. 435.12, the board shall waive the
441 requirement that the applicant successfully pass an additional
442 background screening pursuant to s. 400.215. The person must
443 also meet one of the following requirements:
444 (c) Is currently certified in another state or territory of
445 the United States or in the District of Columbia; is listed on
446 that jurisdiction’s state’s certified nursing assistant
447 registry; and has not been found to have committed abuse,
448 neglect, or exploitation in that jurisdiction state.
449 Section 9. Paragraph (b) of subsection (1) of section
450 464.204, Florida Statutes, is amended to read:
451 464.204 Denial, suspension, or revocation of certification;
452 disciplinary actions.—
453 (1) The following acts constitute grounds for which the
454 board may impose disciplinary sanctions as specified in
455 subsection (2):
456 (b) Intentionally Violating any provision of this chapter,
457 chapter 456, or the rules adopted by the board.
458 Section 10. Subsections (3) and (4) of section 466.006,
459 Florida Statutes, are amended to read:
460 466.006 Examination of dentists.—
461 (3) If an applicant is a graduate of a dental college or
462 school not accredited in accordance with paragraph (2)(b) or of
463 a dental college or school not approved by the board, the
464 applicant is not entitled to take the examinations required in
465 this section to practice dentistry until she or he satisfies one
466 of the following:
467 (a) Completes a program of study, as defined by the board
468 by rule, at an accredited American dental school and
469 demonstrates receipt of a D.D.S. or D.M.D. from said school; or
470 (b) Submits proof of having successfully completed at least
471 2 consecutive academic years at a full-time supplemental general
472 dentistry program accredited by the American Dental Association
473 Commission on Dental Accreditation. This program must provide
474 didactic and clinical education at the level of a D.D.S. or
475 D.M.D. program accredited by the American Dental Association
476 Commission on Dental Accreditation. For purposes of this
477 paragraph, a supplemental general dentistry program does not
478 include an advanced education program in a dental specialty.
479 (4) Notwithstanding any other provision of law in chapter
480 456 pertaining to the clinical dental licensure examination or
481 national examinations, to be licensed as a dentist in this
482 state, an applicant must successfully complete both of the
483 following:
484 (a) A written examination on the laws and rules of the
485 state regulating the practice of dentistry.;
486 (b)1. A practical or clinical examination, which must shall
487 be the American Dental Licensing Examination produced by the
488 American Board of Dental Examiners, Inc., or its successor
489 entity, if any, that is administered in this state and graded by
490 dentists licensed in this state and employed by the department
491 for just such purpose, provided that the board has attained, and
492 continues to maintain thereafter, representation on the board of
493 directors of the American Board of Dental Examiners, the
494 examination development committee of the American Board of
495 Dental Examiners, and such other committees of the American
496 Board of Dental Examiners as the board deems appropriate by rule
497 to assure that the standards established herein are maintained
498 organizationally. A passing score on the American Dental
499 Licensing Examination administered in this state and graded by
500 dentists who are licensed in this state is valid for 365 days
501 after the date the official examination results are published.
502 1.2.a. As an alternative to such practical or clinical
503 examination the requirements of subparagraph 1., an applicant
504 may submit scores from an American Dental Licensing Examination
505 previously administered in a jurisdiction other than this state
506 after October 1, 2011, and such examination results shall be
507 recognized as valid for the purpose of licensure in this state.
508 A passing score on the American Dental Licensing Examination
509 administered out of state out-of-state shall be the same as the
510 passing score for the American Dental Licensing Examination
511 administered in this state and graded by dentists who are
512 licensed in this state. The examination results are valid for
513 365 days after the date the official examination results are
514 published. The applicant must have completed the examination
515 after October 1, 2011.
516 b. This subparagraph may not be given retroactive
517 application.
518 2.3. If the date of an applicant’s passing American Dental
519 Licensing Examination scores from an examination previously
520 administered in a jurisdiction other than this state under
521 subparagraph 1. subparagraph 2. is older than 365 days, then
522 such scores are shall nevertheless be recognized as valid for
523 the purpose of licensure in this state, but only if the
524 applicant demonstrates that all of the following additional
525 standards have been met:
526 a.(I) The applicant completed the American Dental Licensing
527 Examination after October 1, 2011.
528 (II) This sub-subparagraph may not be given retroactive
529 application;
530 b. The applicant graduated from a dental school accredited
531 by the American Dental Association Commission on Dental
532 Accreditation or its successor entity, if any, or any other
533 dental accrediting organization recognized by the United States
534 Department of Education. Provided, however, if the applicant did
535 not graduate from such a dental school, the applicant may submit
536 proof of having successfully completed a full-time supplemental
537 general dentistry program accredited by the American Dental
538 Association Commission on Dental Accreditation of at least 2
539 consecutive academic years at such accredited sponsoring
540 institution. Such program must provide didactic and clinical
541 education at the level of a D.D.S. or D.M.D. program accredited
542 by the American Dental Association Commission on Dental
543 Accreditation. For purposes of this paragraph, a supplemental
544 general dentistry program does not include an advanced education
545 program in a dental specialty;
546 c. The applicant currently possesses a valid and active
547 dental license in good standing, with no restriction, which has
548 never been revoked, suspended, restricted, or otherwise
549 disciplined, from another state or territory of the United
550 States, the District of Columbia, or the Commonwealth of Puerto
551 Rico;
552 d. The applicant submits proof that he or she has never
553 been reported to the National Practitioner Data Bank, the
554 Healthcare Integrity and Protection Data Bank, or the American
555 Association of Dental Boards Clearinghouse. This sub
556 subparagraph does not apply if the applicant successfully
557 appealed to have his or her name removed from the data banks of
558 these agencies;
559 e.(I)(A) In the 5 years immediately preceding the date of
560 application for licensure in this state, The applicant submits
561 must submit proof of having been consecutively engaged in the
562 full-time practice of dentistry in another state or territory of
563 the United States, the District of Columbia, or the Commonwealth
564 of Puerto Rico in the 5 years immediately preceding the date of
565 application for licensure in this state;, or,
566 (B) If the applicant has been licensed in another state or
567 territory of the United States, the District of Columbia, or the
568 Commonwealth of Puerto Rico for less than 5 years, the applicant
569 submits must submit proof of having been engaged in the full
570 time practice of dentistry since the date of his or her initial
571 licensure.
572 (II) As used in this section, “full-time practice” is
573 defined as a minimum of 1,200 hours per year for each and every
574 year in the consecutive 5-year period or, when where applicable,
575 the period since initial licensure, and must include any
576 combination of the following:
577 (A) Active clinical practice of dentistry providing direct
578 patient care.
579 (B) Full-time practice as a faculty member employed by a
580 dental or dental hygiene school approved by the board or
581 accredited by the American Dental Association Commission on
582 Dental Accreditation.
583 (C) Full-time practice as a student at a postgraduate
584 dental education program approved by the board or accredited by
585 the American Dental Association Commission on Dental
586 Accreditation.
587 (III) The board shall develop rules to determine what type
588 of proof of full-time practice is required and to recoup the
589 cost to the board of verifying full-time practice under this
590 section. Such proof must, at a minimum, be:
591 (A) Admissible as evidence in an administrative proceeding;
592 (B) Submitted in writing;
593 (C) Submitted by the applicant under oath with penalties of
594 perjury attached;
595 (D) Further documented by an affidavit of someone unrelated
596 to the applicant who is familiar with the applicant’s practice
597 and testifies with particularity that the applicant has been
598 engaged in full-time practice; and
599 (E) Specifically found by the board to be both credible and
600 admissible.
601 (IV) An affidavit of only the applicant is not acceptable
602 proof of full-time practice unless it is further attested to by
603 someone unrelated to the applicant who has personal knowledge of
604 the applicant’s practice. If the board deems it necessary to
605 assess credibility or accuracy, the board may require the
606 applicant or the applicant’s witnesses to appear before the
607 board and give oral testimony under oath;
608 f. The applicant submits must submit documentation that he
609 or she has completed, or will complete before he or she is
610 licensed, prior to licensure in this state, continuing education
611 equivalent to this state’s requirements for the last full
612 reporting biennium;
613 g. The applicant proves must prove that he or she has never
614 been convicted of, or pled nolo contendere to, regardless of
615 adjudication, any felony or misdemeanor related to the practice
616 of a health care profession in any jurisdiction;
617 h. The applicant has must successfully passed pass a
618 written examination on the laws and rules of this state
619 regulating the practice of dentistry and must successfully pass
620 the computer-based diagnostic skills examination; and
621 i. The applicant submits must submit documentation that he
622 or she has successfully completed the applicable examination
623 administered by the Joint Commission on National Dental
624 Examinations or its successor organization National Board of
625 Dental Examiners dental examination.
626 Section 11. Notwithstanding the January 1, 2020, repeal of
627 section 466.0067, Florida Statutes, that section is revived,
628 reenacted, and amended, to read:
629 466.0067 Application for health access dental license.—The
630 Legislature finds that there is an important state interest in
631 attracting dentists to practice in underserved health access
632 settings in this state and further, that allowing out-of-state
633 dentists who meet certain criteria to practice in health access
634 settings without the supervision of a dentist licensed in this
635 state is substantially related to achieving this important state
636 interest. Therefore, notwithstanding the requirements of s.
637 466.006, the board shall grant a health access dental license to
638 practice dentistry in this state in health access settings as
639 defined in s. 466.003 to an applicant who that:
640 (1) Files an appropriate application approved by the board;
641 (2) Pays an application license fee for a health access
642 dental license, laws-and-rule exam fee, and an initial licensure
643 fee. The fees specified in this subsection may not differ from
644 an applicant seeking licensure pursuant to s. 466.006;
645 (3) Has not been convicted of or pled nolo contendere to,
646 regardless of adjudication, any felony or misdemeanor related to
647 the practice of a health care profession;
648 (4) Submits proof of graduation from a dental school
649 accredited by the Commission on Dental Accreditation of the
650 American Dental Association or its successor agency;
651 (5) Submits documentation that she or he has completed, or
652 will obtain before prior to licensure, continuing education
653 equivalent to this state’s requirement for dentists licensed
654 under s. 466.006 for the last full reporting biennium before
655 applying for a health access dental license;
656 (6) Submits proof of her or his successful completion of
657 parts I and II of the dental examination by the National Board
658 of Dental Examiners and a state or regional clinical dental
659 licensing examination that the board has determined effectively
660 measures the applicant’s ability to practice safely;
661 (7) Currently holds a valid, active, dental license in good
662 standing which has not been revoked, suspended, restricted, or
663 otherwise disciplined from another of the United States, the
664 District of Columbia, or a United States territory;
665 (8) Has never had a license revoked from another of the
666 United States, the District of Columbia, or a United States
667 territory;
668 (9) Has never failed the examination specified in s.
669 466.006, unless the applicant was reexamined pursuant to s.
670 466.006 and received a license to practice dentistry in this
671 state;
672 (10) Has not been reported to the National Practitioner
673 Data Bank, unless the applicant successfully appealed to have
674 his or her name removed from the data bank;
675 (11) Submits proof that he or she has been engaged in the
676 active, clinical practice of dentistry providing direct patient
677 care for 5 years immediately preceding the date of application,
678 or in instances when the applicant has graduated from an
679 accredited dental school within the preceding 5 years, submits
680 proof of continuous clinical practice providing direct patient
681 care since graduation; and
682 (12) Has passed an examination covering the laws and rules
683 of the practice of dentistry in this state as described in s.
684 466.006(4)(a).
685 Section 12. Notwithstanding the January 1, 2020, repeal of
686 section 466.00671, Florida Statutes, that section is revived,
687 reenacted, and amended to read:
688 466.00671 Renewal of the health access dental license.—
689 (1) A health access dental licensee shall apply for renewal
690 each biennium. At the time of renewal, the licensee shall sign a
691 statement that she or he has complied with all continuing
692 education requirements of an active dentist licensee. The board
693 shall renew a health access dental license for an applicant who
694 that:
695 (a) Submits documentation, as approved by the board, from
696 the employer in the health access setting that the licensee has
697 at all times pertinent remained an employee;
698 (b) Has not been convicted of or pled nolo contendere to,
699 regardless of adjudication, any felony or misdemeanor related to
700 the practice of a health care profession;
701 (c) Has paid a renewal fee set by the board. The fee
702 specified herein may not differ from the renewal fee adopted by
703 the board pursuant to s. 466.013. The department may provide
704 payment for these fees through the dentist’s salary, benefits,
705 or other department funds;
706 (d) Has not failed the examination specified in s. 466.006
707 since initially receiving a health access dental license or
708 since the last renewal; and
709 (e) Has not been reported to the National Practitioner Data
710 Bank, unless the applicant successfully appealed to have his or
711 her name removed from the data bank.
712 (2) The board may undertake measures to independently
713 verify the health access dental licensee’s ongoing employment
714 status in the health access setting.
715 Section 13. Notwithstanding the January 1, 2020, repeal of
716 section 466.00672, Florida Statutes, that section is revived and
717 reenacted to read:
718 466.00672 Revocation of health access dental license.—
719 (1) The board shall revoke a health access dental license
720 upon:
721 (a) The licensee’s termination from employment from a
722 qualifying health access setting;
723 (b) Final agency action determining that the licensee has
724 violated any provision of s. 466.027 or s. 466.028, other than
725 infractions constituting citation offenses or minor violations;
726 or
727 (c) Failure of the Florida dental licensure examination.
728 (2) Failure of an individual licensed pursuant to s.
729 466.0067 to limit the practice of dentistry to health access
730 settings as defined in s. 466.003 constitutes the unlicensed
731 practice of dentistry.
732 Section 14. Paragraph (b) of subsection (4) and paragraph
733 (a) of subsection (6) of section 466.007, Florida Statutes, are
734 amended to read:
735 466.007 Examination of dental hygienists.—
736 (4) Effective July 1, 2012, to be licensed as a dental
737 hygienist in this state, an applicant must successfully complete
738 the following:
739 (b) A practical or clinical examination approved by the
740 board. The examination shall be the Dental Hygiene Examination
741 produced by the American Board of Dental Examiners, Inc. (ADEX)
742 or its successor entity, if any, if the board finds that the
743 successor entity’s clinical examination meets or exceeds the
744 provisions of this section. The board shall approve the ADEX
745 Dental Hygiene Examination if the board has attained and
746 continues to maintain representation on the ADEX House of
747 Representatives, the ADEX Dental Hygiene Examination Development
748 Committee, and such other ADEX Dental Hygiene committees as the
749 board deems appropriate through rulemaking to ensure that the
750 standards established in this section are maintained
751 organizationally. The ADEX Dental Hygiene Examination or the
752 examination produced by its successor entity is a comprehensive
753 examination in which an applicant must demonstrate skills within
754 the dental hygiene scope of practice on a live patient and any
755 other components that the board deems necessary for the
756 applicant to successfully demonstrate competency for the purpose
757 of licensure. The ADEX Dental Hygiene Examination or the
758 examination by the successor entity administered in this state
759 shall be graded by dentists and dental hygienists licensed in
760 this state who are employed by the department for this purpose.
761 (6)(a) A passing score on the ADEX Dental Hygiene
762 Examination administered out of state must shall be considered
763 the same as a passing score for the ADEX Dental Hygiene
764 Examination administered in this state and graded by licensed
765 dentists and dental hygienists.
766 Section 15. Subsections (9) through (15) are added to
767 section 466.017, Florida Statutes, to read:
768 466.017 Prescription of drugs; anesthesia.—
769 (9) Any adverse incident that occurs in an office
770 maintained by a dentist must be reported to the department. The
771 required notification to the department must be submitted in
772 writing by certified mail and postmarked within 48 hours after
773 the incident occurs.
774 (10) A dentist practicing in this state must notify the
775 board in writing by certified mail within 48 hours after any
776 adverse incident that occurs in the dentist’s outpatient
777 facility. A complete written report must be filed with the board
778 within 30 days after the incident occurs.
779 (11) Any certified registered dental hygienist
780 administering local anesthesia must notify the board in writing
781 by registered mail within 48 hours after any adverse incident
782 that was related to or the result of the administration of local
783 anesthesia. A complete written report must be filed with the
784 board within 30 days after the mortality or other adverse
785 incident.
786 (12) A failure by the dentist or dental hygienist to timely
787 and completely comply with all the reporting requirements in
788 this section is the basis for disciplinary action by the board
789 pursuant to s. 466.028(1).
790 (13) The department shall review each adverse incident and
791 determine whether it involved conduct by a health care
792 professional subject to disciplinary action, in which case s.
793 456.073 applies. Disciplinary action, if any, shall be taken by
794 the board under which the health care professional is licensed.
795 (14) As used in subsections (9)-(13), the term “adverse
796 incident” means any mortality that occurs during or as the
797 result of a dental procedure, or an incident that results in a
798 temporary or permanent physical or mental injury that requires
799 hospitalization or emergency room treatment of a dental patient
800 which occurs during or as a direct result of the use of general
801 anesthesia, deep sedation, moderate sedation, pediatric moderate
802 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
803 oxide, or local anesthesia.
804 (15) The board may adopt rules to administer this section.
805 Section 16. Section 466.031, Florida Statutes, is amended
806 to read:
807 466.031 “Dental laboratories laboratory” defined.—
808 (1) As used in this chapter, the term “dental laboratory”
809 as used in this chapter:
810 (1) includes any person, firm, or corporation that who
811 performs for a fee of any kind, gratuitously, or otherwise,
812 directly or through an agent or an employee, by any means or
813 method, or who in any way supplies or manufactures artificial
814 substitutes for the natural teeth;, or who furnishes, supplies,
815 constructs, or reproduces or repairs any prosthetic denture,
816 bridge, or appliance to be worn in the human mouth; or who in
817 any way represents holds itself out as a dental laboratory.
818 (2) The term does not include a Excludes any dental
819 laboratory technician who constructs or repairs dental
820 prosthetic appliances in the office of a licensed dentist
821 exclusively for that such dentist only and under her or his
822 supervision and work order.
823 (2) An employee or independent contractor of a dental
824 laboratory, acting as an agent of that dental laboratory, may
825 engage in onsite consultation with a licensed dentist during a
826 dental procedure.
827 Section 17. Section 466.036, Florida Statutes, is amended
828 to read:
829 466.036 Information; periodic inspections; equipment and
830 supplies.—The department may require from the applicant for a
831 registration certificate to operate a dental laboratory any
832 information necessary to carry out the purpose of this chapter,
833 including proof that the applicant has the equipment and
834 supplies necessary to operate as determined by rule of the
835 department, and shall require periodic inspection of all dental
836 laboratories operating in this state at least once each biennial
837 registration period. Such inspections must shall include, but
838 need not be limited to, inspection of sanitary conditions,
839 equipment, supplies, and facilities on the premises. The
840 department shall specify dental equipment and supplies that are
841 not allowed permitted in a registered dental laboratory.
842 Section 18. Subsection (1) of section 468.701, Florida
843 Statutes, is amended to read:
844 468.701 Definitions.—As used in this part, the term:
845 (1) “Athletic trainer” means a person licensed under this
846 part who has met the requirements of under this part, including
847 the education requirements established as set forth by the
848 Commission on Accreditation of Athletic Training Education or
849 its successor organization and necessary credentials from the
850 Board of Certification. An individual who is licensed as an
851 athletic trainer may not provide, offer to provide, or represent
852 that he or she is qualified to provide any care or services that
853 he or she lacks the education, training, or experience to
854 provide, or that he or she is otherwise prohibited by law from
855 providing.
856 Section 19. Section 468.707, Florida Statutes, is amended
857 to read:
858 468.707 Licensure requirements.—Any person desiring to be
859 licensed as an athletic trainer shall apply to the department on
860 a form approved by the department. An applicant shall also
861 provide records or other evidence, as determined by the board,
862 to prove he or she has met the requirements of this section. The
863 department shall license each applicant who:
864 (1) Has completed the application form and remitted the
865 required fees.
866 (2) For a person who applies on or after July 1, 2016, Has
867 submitted to background screening pursuant to s. 456.0135. The
868 board may require a background screening for an applicant whose
869 license has expired or who is undergoing disciplinary action.
870 (3)(a) Has obtained, at a minimum, a bachelor’s
871 baccalaureate or higher degree from a college or university
872 professional athletic training degree program accredited by the
873 Commission on Accreditation of Athletic Training Education or
874 its successor organization recognized and approved by the United
875 States Department of Education or the Commission on Recognition
876 of Postsecondary Accreditation, approved by the board, or
877 recognized by the Board of Certification, and has passed the
878 national examination to be certified by the Board of
879 Certification; or.
880 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
881 completed the Board of Certification internship requirements,
882 and holds If graduated before 2004, has a current certification
883 from the Board of Certification.
884 (4)(5) Has current certification in both cardiopulmonary
885 resuscitation and the use of an automated external defibrillator
886 set forth in the continuing education requirements as determined
887 by the board pursuant to s. 468.711.
888 (5)(6) Has completed any other requirements as determined
889 by the department and approved by the board.
890 Section 20. Subsection (3) of section 468.711, Florida
891 Statutes, is amended to read:
892 468.711 Renewal of license; continuing education.—
893 (3) If initially licensed after January 1, 1998, the
894 licensee must be currently certified by the Board of
895 Certification or its successor agency and maintain that
896 certification in good standing without lapse.
897 Section 21. Section 468.713, Florida Statutes, is amended
898 to read:
899 468.713 Responsibilities of athletic trainers.—
900 (1) An athletic trainer shall practice under the direction
901 of a physician licensed under chapter 458, chapter 459, chapter
902 460, or otherwise authorized by Florida law to practice
903 medicine. The physician shall communicate his or her direction
904 through oral or written prescriptions or protocols as deemed
905 appropriate by the physician for the provision of services and
906 care by the athletic trainer. An athletic trainer shall provide
907 service or care in the manner dictated by the physician.
908 (2) An athletic trainer shall work within his or her
909 allowable scope of practice as specified in board rule under s.
910 468.705. An athletic trainer may not provide, offer to provide,
911 or represent that he or she is qualified to provide any care or
912 services that he or she lacks the education, training, or
913 experience to provide or that he or she is otherwise prohibited
914 by law from providing.
915 Section 22. Subsection (2) of section 468.723, Florida
916 Statutes, is amended to read:
917 468.723 Exemptions.—This part does not prohibit prevent or
918 restrict:
919 (2) An athletic training student acting under the direct
920 supervision of a licensed athletic trainer. For purposes of this
921 subsection, “direct supervision” means the physical presence of
922 an athletic trainer so that the athletic trainer is immediately
923 available to the athletic training student and able to intervene
924 on behalf of the athletic training student. The supervision must
925 comply with board rule in accordance with the standards set
926 forth by the Commission on Accreditation of Athletic Training
927 Education or its successor.
928 Section 23. Subsections (1), (3), and (4) of section
929 468.803, Florida Statutes, are amended to read:
930 468.803 License, registration, and examination
931 requirements.—
932 (1) The department shall issue a license to practice
933 orthotics, prosthetics, or pedorthics, or a registration for a
934 resident to practice orthotics or prosthetics, to qualified
935 applicants. Licenses to practice shall be granted independently
936 in orthotics, prosthetics, or pedorthics must be granted
937 independently, but a person may be licensed in more than one
938 such discipline, and a prosthetist-orthotist license may be
939 granted to persons meeting the requirements for licensure both
940 as a prosthetist and as an orthotist license. Registrations to
941 practice shall be granted independently in orthotics or
942 prosthetics must be granted independently, and a person may be
943 registered in both disciplines fields at the same time or
944 jointly in orthotics and prosthetics as a dual registration.
945 (3) A person seeking to attain the required orthotics or
946 prosthetics experience required for licensure in this state must
947 be approved by the board and registered as a resident by the
948 department. Although a registration may be held in both
949 disciplines practice fields, for independent registrations the
950 board may shall not approve a second registration until at least
951 1 year after the issuance of the first registration.
952 Notwithstanding subsection (2), a person an applicant who has
953 been approved by the board and registered by the department in
954 one discipline practice field may apply for registration in the
955 second discipline practice field without an additional state or
956 national criminal history check during the period in which the
957 first registration is valid. Each independent registration or
958 dual registration is valid for 2 years after from the date of
959 issuance unless otherwise revoked by the department upon
960 recommendation of the board. The board shall set a registration
961 fee not to exceed $500 to be paid by the applicant. A
962 registration may be renewed once by the department upon
963 recommendation of the board for a period no longer than 1 year,
964 as such renewal is defined by the board by rule. The
965 registration renewal fee may shall not exceed one-half the
966 current registration fee. To be considered by the board for
967 approval of registration as a resident, the applicant must have
968 one of the following:
969 (a) A Bachelor of Science or higher-level postgraduate
970 degree in orthotics and prosthetics from a regionally accredited
971 college or university recognized by the Commission on
972 Accreditation of Allied Health Education Programs. or, at
973 (b) A minimum of, a bachelor’s degree from a regionally
974 accredited college or university and a certificate in orthotics
975 or prosthetics from a program recognized by the Commission on
976 Accreditation of Allied Health Education Programs, or its
977 equivalent, as determined by the board.; or
978 (c) A minimum of a bachelor’s degree from a regionally
979 accredited college or university and a dual certificate in both
980 orthotics and prosthetics from programs recognized by the
981 Commission on Accreditation of Allied Health Education Programs,
982 or its equivalent, as determined by the board.
983 (b) A Bachelor of Science or higher-level postgraduate
984 degree in Orthotics and Prosthetics from a regionally accredited
985 college or university recognized by the Commission on
986 Accreditation of Allied Health Education Programs or, at a
987 minimum, a bachelor’s degree from a regionally accredited
988 college or university and a certificate in prosthetics from a
989 program recognized by the Commission on Accreditation of Allied
990 Health Education Programs, or its equivalent, as determined by
991 the board.
992 (4) The department may develop and administer a state
993 examination for an orthotist or a prosthetist license, or the
994 board may approve the existing examination of a national
995 standards organization. The examination must be predicated on a
996 minimum of a baccalaureate-level education and formalized
997 specialized training in the appropriate field. Each examination
998 must demonstrate a minimum level of competence in basic
999 scientific knowledge, written problem solving, and practical
1000 clinical patient management. The board shall require an
1001 examination fee not to exceed the actual cost to the board in
1002 developing, administering, and approving the examination, which
1003 fee must be paid by the applicant. To be considered by the board
1004 for examination, the applicant must have:
1005 (a) For an examination in orthotics:
1006 1. A Bachelor of Science or higher-level postgraduate
1007 degree in orthotics and prosthetics from a regionally accredited
1008 college or university recognized by the Commission on
1009 Accreditation of Allied Health Education Programs or, at a
1010 minimum, a bachelor’s degree from a regionally accredited
1011 college or university and a certificate in orthotics from a
1012 program recognized by the Commission on Accreditation of Allied
1013 Health Education Programs, or its equivalent, as determined by
1014 the board; and
1015 2. An approved orthotics internship of 1 year of qualified
1016 experience, as determined by the board, or an orthotic residency
1017 or dual residency program recognized by the board.
1018 (b) For an examination in prosthetics:
1019 1. A Bachelor of Science or higher-level postgraduate
1020 degree in orthotics and prosthetics from a regionally accredited
1021 college or university recognized by the Commission on
1022 Accreditation of Allied Health Education Programs or, at a
1023 minimum, a bachelor’s degree from a regionally accredited
1024 college or university and a certificate in prosthetics from a
1025 program recognized by the Commission on Accreditation of Allied
1026 Health Education Programs, or its equivalent, as determined by
1027 the board; and
1028 2. An approved prosthetics internship of 1 year of
1029 qualified experience, as determined by the board, or a
1030 prosthetic residency or dual residency program recognized by the
1031 board.
1032 Section 24. Subsection (5) of section 480.033, Florida
1033 Statutes, is amended to read:
1034 480.033 Definitions.—As used in this act:
1035 (5) “Apprentice” means a person approved by the board to
1036 study colonic irrigation massage under the instruction of a
1037 licensed massage therapist practicing colonic irrigation.
1038 Section 25. Subsections (1) and (2) of section 480.041,
1039 Florida Statutes, are amended, and subsection (8) is added to
1040 that section, to read:
1041 480.041 Massage therapists; qualifications; licensure;
1042 endorsement.—
1043 (1) Any person is qualified for licensure as a massage
1044 therapist under this act who:
1045 (a) Is at least 18 years of age or has received a high
1046 school diploma or high school equivalency diploma;
1047 (b) Has completed a course of study at a board-approved
1048 massage school or has completed an apprenticeship program that
1049 meets standards adopted by the board; and
1050 (c) Has received a passing grade on a national an
1051 examination designated administered by the board department.
1052 (2) Every person desiring to be examined for licensure as a
1053 massage therapist must shall apply to the department in writing
1054 upon forms prepared and furnished by the department. Such
1055 applicants are shall be subject to the provisions of s.
1056 480.046(1). Applicants may take an examination administered by
1057 the department only upon meeting the requirements of this
1058 section as determined by the board.
1059 (8) A person issued a license as a massage apprentice
1060 before July 1, 2020, may continue that apprenticeship and
1061 perform massage therapy as authorized under that license until
1062 it expires. Upon completion of the apprenticeship, which must
1063 occur before July 1, 2023, a massage apprentice may apply to the
1064 board for full licensure and be granted a license if all other
1065 applicable licensure requirements are met.
1066 Section 26. Section 480.042, Florida Statutes, is repealed.
1067 Section 27. Subsection (3) of section 490.003, Florida
1068 Statutes, is amended to read:
1069 490.003 Definitions.—As used in this chapter:
1070 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
1071 education” and “doctoral degree in psychology” mean a Psy.D., an
1072 Ed.D. in psychology, or a Ph.D. in psychology from:
1073 1. An educational institution which, at the time the
1074 applicant was enrolled and graduated, had institutional
1075 accreditation from an agency recognized and approved by the
1076 United States Department of Education or was recognized as a
1077 member in good standing with the Association of Universities and
1078 Colleges of Canada; and
1079 2. A psychology program within that educational institution
1080 which, at the time the applicant was enrolled and graduated, had
1081 programmatic accreditation from an accrediting agency recognized
1082 and approved by the United States Department of Education or was
1083 comparable to such programs.
1084 (b) Effective July 1, 1999, “doctoral-level psychological
1085 education” and “doctoral degree in psychology” mean a Psy.D., an
1086 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1087 program at:
1088 1. an educational institution that which, at the time the
1089 applicant was enrolled and graduated:
1090 (a) , Had institutional accreditation from an agency
1091 recognized and approved by the United States Department of
1092 Education or was recognized as a member in good standing with
1093 the Association of Universities and Colleges of Canada; and
1094 (b)2. A psychology program within that educational
1095 institution which, at the time the applicant was enrolled and
1096 graduated, Had programmatic accreditation from the American
1097 Psychological Association an agency recognized and approved by
1098 the United States Department of Education.
1099 Section 28. Paragraph (b) of subsection (1) and paragraph
1100 (b) of subsection (2) of section 490.005, Florida Statutes, are
1101 amended to read:
1102 490.005 Licensure by examination.—
1103 (1) Any person desiring to be licensed as a psychologist
1104 shall apply to the department to take the licensure examination.
1105 The department shall license each applicant who the board
1106 certifies has:
1107 (b) Submitted proof satisfactory to the board that the
1108 applicant has received:
1109 1. Received Doctoral-level psychological education, as
1110 defined in s. 490.003(3); or
1111 2. Received The equivalent of a doctoral-level
1112 psychological education, as defined in s. 490.003(3), from a
1113 program at a school or university located outside the United
1114 States of America and Canada, which was officially recognized by
1115 the government of the country in which it is located as an
1116 institution or program to train students to practice
1117 professional psychology. The applicant has the burden of
1118 establishing that this requirement has the requirements of this
1119 provision have been met shall be upon the applicant;
1120 3. Received and submitted to the board, prior to July 1,
1121 1999, certification of an augmented doctoral-level psychological
1122 education from the program director of a doctoral-level
1123 psychology program accredited by a programmatic agency
1124 recognized and approved by the United States Department of
1125 Education; or
1126 4. Received and submitted to the board, prior to August 31,
1127 2001, certification of a doctoral-level program that at the time
1128 the applicant was enrolled and graduated maintained a standard
1129 of education and training comparable to the standard of training
1130 of programs accredited by a programmatic agency recognized and
1131 approved by the United States Department of Education. Such
1132 certification of comparability shall be provided by the program
1133 director of a doctoral-level psychology program accredited by a
1134 programmatic agency recognized and approved by the United States
1135 Department of Education.
1136 (2) Any person desiring to be licensed as a school
1137 psychologist shall apply to the department to take the licensure
1138 examination. The department shall license each applicant who the
1139 department certifies has:
1140 (b) Submitted satisfactory proof to the department that the
1141 applicant:
1142 1. Has received a doctorate, specialist, or equivalent
1143 degree from a program primarily psychological in nature and has
1144 completed 60 semester hours or 90 quarter hours of graduate
1145 study, in areas related to school psychology as defined by rule
1146 of the department, from a college or university which at the
1147 time the applicant was enrolled and graduated was accredited by
1148 an accrediting agency recognized and approved by the Council for
1149 Higher Education Accreditation or its successor organization
1150 Commission on Recognition of Postsecondary Accreditation or from
1151 an institution that which is publicly recognized as a member in
1152 good standing with the Association of Universities and Colleges
1153 of Canada.
1154 2. Has had a minimum of 3 years of experience in school
1155 psychology, 2 years of which must be supervised by an individual
1156 who is a licensed school psychologist or who has otherwise
1157 qualified as a school psychologist supervisor, by education and
1158 experience, as set forth by rule of the department. A doctoral
1159 internship may be applied toward the supervision requirement.
1160 3. Has passed an examination provided by the department.
1161 Section 29. Subsection (1) of section 490.006, Florida
1162 Statutes, is amended to read:
1163 490.006 Licensure by endorsement.—
1164 (1) The department shall license a person as a psychologist
1165 or school psychologist who, upon applying to the department and
1166 remitting the appropriate fee, demonstrates to the department
1167 or, in the case of psychologists, to the board that the
1168 applicant:
1169 (a) Holds a valid license or certificate in another state
1170 to practice psychology or school psychology, as applicable,
1171 provided that, when the applicant secured such license or
1172 certificate, the requirements were substantially equivalent to
1173 or more stringent than those set forth in this chapter at that
1174 time; and, if no Florida law existed at that time, then the
1175 requirements in the other state must have been substantially
1176 equivalent to or more stringent than those set forth in this
1177 chapter at the present time;
1178 (a)(b) Is a diplomate in good standing with the American
1179 Board of Professional Psychology, Inc.; or
1180 (b)(c) Possesses a doctoral degree in psychology as
1181 described in s. 490.003 and has at least 10 20 years of
1182 experience as a licensed psychologist in any jurisdiction or
1183 territory of the United States within the 25 years preceding the
1184 date of application.
1185 Section 30. Subsection (6) of section 491.0045, Florida
1186 Statutes, as amended by chapter 2016-80 and chapter 2016-241,
1187 Laws of Florida, is amended to read:
1188 491.0045 Intern registration; requirements.—
1189 (6) A registration issued on or before March 31, 2017,
1190 expires March 31, 2022, and may not be renewed or reissued. Any
1191 registration issued after March 31, 2017, expires 60 months
1192 after the date it is issued. The board may make a one-time
1193 exception from the requirements of this subsection in emergency
1194 or hardship cases, as defined by board rule, if A subsequent
1195 intern registration may not be issued unless the candidate has
1196 passed the theory and practice examination described in s.
1197 491.005(1)(d), (3)(d), and (4)(d).
1198 Section 31. Subsections (3) and (4) of section 491.005,
1199 Florida Statutes, are amended to read:
1200 491.005 Licensure by examination.—
1201 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1202 documentation and payment of a fee not to exceed $200, as set by
1203 board rule, plus the actual cost of to the department for the
1204 purchase of the examination from the Association of Marital and
1205 Family Therapy Regulatory Board, or similar national
1206 organization, the department shall issue a license as a marriage
1207 and family therapist to an applicant who the board certifies:
1208 (a) Has submitted an application and paid the appropriate
1209 fee.
1210 (b)1. Has a minimum of a master’s degree with major
1211 emphasis in marriage and family therapy, or a closely related
1212 field from a program accredited by the Commission on
1213 Accreditation for Marriage and Family Therapy Education or from
1214 a Florida university program accredited by the Council for
1215 Accreditation of Counseling and Related Educational Programs,
1216 and graduate courses approved by the Board of Clinical Social
1217 Work, Marriage and Family Therapy, and Mental Health Counseling
1218 has completed all of the following requirements:
1219 a. Thirty-six semester hours or 48 quarter hours of
1220 graduate coursework, which must include a minimum of 3 semester
1221 hours or 4 quarter hours of graduate-level course credits in
1222 each of the following nine areas: dynamics of marriage and
1223 family systems; marriage therapy and counseling theory and
1224 techniques; family therapy and counseling theory and techniques;
1225 individual human development theories throughout the life cycle;
1226 personality theory or general counseling theory and techniques;
1227 psychopathology; human sexuality theory and counseling
1228 techniques; psychosocial theory; and substance abuse theory and
1229 counseling techniques. Courses in research, evaluation,
1230 appraisal, assessment, or testing theories and procedures;
1231 thesis or dissertation work; or practicums, internships, or
1232 fieldwork may not be applied toward this requirement.
1233 b. A minimum of one graduate-level course of 3 semester
1234 hours or 4 quarter hours in legal, ethical, and professional
1235 standards issues in the practice of marriage and family therapy
1236 or a course determined by the board to be equivalent.
1237 c. A minimum of one graduate-level course of 3 semester
1238 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1239 and testing for individual or interpersonal disorder or
1240 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1241 hour graduate-level course in behavioral research which focuses
1242 on the interpretation and application of research data as it
1243 applies to clinical practice. Credit for thesis or dissertation
1244 work, practicums, internships, or fieldwork may not be applied
1245 toward this requirement.
1246 d. A minimum of one supervised clinical practicum,
1247 internship, or field experience in a marriage and family
1248 counseling setting, during which the student provided 180 direct
1249 client contact hours of marriage and family therapy services
1250 under the supervision of an individual who met the requirements
1251 for supervision under paragraph (c). This requirement may be met
1252 by a supervised practice experience which took place outside the
1253 academic arena, but which is certified as equivalent to a
1254 graduate-level practicum or internship program which required a
1255 minimum of 180 direct client contact hours of marriage and
1256 family therapy services currently offered within an academic
1257 program of a college or university accredited by an accrediting
1258 agency approved by the United States Department of Education, or
1259 an institution which is publicly recognized as a member in good
1260 standing with the Association of Universities and Colleges of
1261 Canada or a training institution accredited by the Commission on
1262 Accreditation for Marriage and Family Therapy Education
1263 recognized by the United States Department of Education.
1264 Certification shall be required from an official of such
1265 college, university, or training institution.
1266 2. If the course title that which appears on the
1267 applicant’s transcript does not clearly identify the content of
1268 the coursework, the applicant shall be required to provide
1269 additional documentation, including, but not limited to, a
1270 syllabus or catalog description published for the course.
1271
1272 The required master’s degree must have been received in an
1273 institution of higher education that, which at the time the
1274 applicant graduated, was: fully accredited by a regional
1275 accrediting body recognized by the Commission on Recognition of
1276 Postsecondary Accreditation or; publicly recognized as a member
1277 in good standing with the Association of Universities and
1278 Colleges of Canada,; or an institution of higher education
1279 located outside the United States and Canada, which, at the time
1280 the applicant was enrolled and at the time the applicant
1281 graduated, maintained a standard of training substantially
1282 equivalent to the standards of training of those institutions in
1283 the United States which are accredited by a regional accrediting
1284 body recognized by the Commission on Recognition of
1285 Postsecondary Accreditation. Such foreign education and training
1286 must have been received in an institution or program of higher
1287 education officially recognized by the government of the country
1288 in which it is located as an institution or program to train
1289 students to practice as professional marriage and family
1290 therapists or psychotherapists. The applicant has the burden of
1291 establishing that the requirements of this provision have been
1292 met shall be upon the applicant, and the board shall require
1293 documentation, such as, but not limited to, an evaluation by a
1294 foreign equivalency determination service, as evidence that the
1295 applicant’s graduate degree program and education were
1296 equivalent to an accredited program in this country. An
1297 applicant with a master’s degree from a program that which did
1298 not emphasize marriage and family therapy may complete the
1299 coursework requirement in a training institution fully
1300 accredited by the Commission on Accreditation for Marriage and
1301 Family Therapy Education recognized by the United States
1302 Department of Education.
1303 (c) Has had at least 2 years of clinical experience during
1304 which 50 percent of the applicant’s clients were receiving
1305 marriage and family therapy services, which must be at the post
1306 master’s level under the supervision of a licensed marriage and
1307 family therapist with at least 5 years of experience, or the
1308 equivalent, who is a qualified supervisor as determined by the
1309 board. An individual who intends to practice in Florida to
1310 satisfy the clinical experience requirements must register
1311 pursuant to s. 491.0045 before commencing practice. If a
1312 graduate has a master’s degree with a major emphasis in marriage
1313 and family therapy or a closely related field which that did not
1314 include all of the coursework required by subparagraph (b)1.
1315 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1316 level clinical experience may shall not commence until the
1317 applicant has completed a minimum of 10 of the courses required
1318 by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1319 determined by the board, and at least 6 semester hours or 9
1320 quarter hours of the course credits must have been completed in
1321 the area of marriage and family systems, theories, or
1322 techniques. Within the 2 3 years of required experience, the
1323 applicant shall provide direct individual, group, or family
1324 therapy and counseling, to include the following categories of
1325 cases including those involving: unmarried dyads, married
1326 couples, separating and divorcing couples, and family groups
1327 that include including children. A doctoral internship may be
1328 applied toward the clinical experience requirement. A licensed
1329 mental health professional must be on the premises when clinical
1330 services are provided by a registered intern in a private
1331 practice setting.
1332 (d) Has passed a theory and practice examination provided
1333 by the department for this purpose.
1334 (e) Has demonstrated, in a manner designated by board rule
1335 of the board, knowledge of the laws and rules governing the
1336 practice of clinical social work, marriage and family therapy,
1337 and mental health counseling.
1338 (f)
1339
1340 For the purposes of dual licensure, the department shall license
1341 as a marriage and family therapist any person who meets the
1342 requirements of s. 491.0057. Fees for dual licensure may shall
1343 not exceed those stated in this subsection.
1344 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1345 documentation and payment of a fee not to exceed $200, as set by
1346 board rule, plus the actual per applicant cost of to the
1347 department for purchase of the examination from the National
1348 Board for Certified Counselors or its successor Professional
1349 Examination Service for the National Academy of Certified
1350 Clinical Mental Health Counselors or a similar national
1351 organization, the department shall issue a license as a mental
1352 health counselor to an applicant who the board certifies:
1353 (a) Has submitted an application and paid the appropriate
1354 fee.
1355 (b)1. Has a minimum of an earned master’s degree from a
1356 mental health counseling program accredited by the Council for
1357 the Accreditation of Counseling and Related Educational Programs
1358 which that consists of at least 60 semester hours or 80 quarter
1359 hours of clinical and didactic instruction, including a course
1360 in human sexuality and a course in substance abuse. If the
1361 master’s degree is earned from a program related to the practice
1362 of mental health counseling which that is not accredited by the
1363 Council for the Accreditation of Counseling and Related
1364 Educational Programs, then the coursework and practicum,
1365 internship, or fieldwork must consist of at least 60 semester
1366 hours or 80 quarter hours and meet all of the following
1367 requirements:
1368 a. Thirty-three semester hours or 44 quarter hours of
1369 graduate coursework, which must include a minimum of 3 semester
1370 hours or 4 quarter hours of graduate-level coursework in each of
1371 the following 11 content areas: counseling theories and
1372 practice; human growth and development; diagnosis and treatment
1373 of psychopathology; human sexuality; group theories and
1374 practice; individual evaluation and assessment; career and
1375 lifestyle assessment; research and program evaluation; social
1376 and cultural foundations; substance abuse; and legal, ethical,
1377 and professional standards issues in the practice of mental
1378 health counseling in community settings; and substance abuse.
1379 Courses in research, thesis or dissertation work, practicums,
1380 internships, or fieldwork may not be applied toward this
1381 requirement.
1382 b. A minimum of 3 semester hours or 4 quarter hours of
1383 graduate-level coursework addressing diagnostic processes,
1384 including differential diagnosis and the use of the current
1385 diagnostic tools, such as the current edition of the American
1386 Psychiatric Association’s Diagnostic and Statistical Manual of
1387 Mental Disorders. The graduate program must have emphasized the
1388 common core curricular experience in legal, ethical, and
1389 professional standards issues in the practice of mental health
1390 counseling, which includes goals, objectives, and practices of
1391 professional counseling organizations, codes of ethics, legal
1392 considerations, standards of preparation, certifications and
1393 licensing, and the role identity and professional obligations of
1394 mental health counselors. Courses in research, thesis or
1395 dissertation work, practicums, internships, or fieldwork may not
1396 be applied toward this requirement.
1397 c. The equivalent, as determined by the board, of at least
1398 700 1,000 hours of university-sponsored supervised clinical
1399 practicum, internship, or field experience that includes at
1400 least 280 hours of direct client services, as required in the
1401 accrediting standards of the Council for Accreditation of
1402 Counseling and Related Educational Programs for mental health
1403 counseling programs. This experience may not be used to satisfy
1404 the post-master’s clinical experience requirement.
1405 2. Has provided additional documentation if a the course
1406 title that which appears on the applicant’s transcript does not
1407 clearly identify the content of the coursework., The applicant
1408 shall be required to provide additional documentation must
1409 include, including, but is not limited to, a syllabus or catalog
1410 description published for the course.
1411
1412 Education and training in mental health counseling must have
1413 been received in an institution of higher education that, which
1414 at the time the applicant graduated, was: fully accredited by a
1415 regional accrediting body recognized by the Council for Higher
1416 Education Accreditation or its successor organization or
1417 Commission on Recognition of Postsecondary Accreditation;
1418 publicly recognized as a member in good standing with the
1419 Association of Universities and Colleges of Canada,; or an
1420 institution of higher education located outside the United
1421 States and Canada, which, at the time the applicant was enrolled
1422 and at the time the applicant graduated, maintained a standard
1423 of training substantially equivalent to the standards of
1424 training of those institutions in the United States which are
1425 accredited by a regional accrediting body recognized by the
1426 Council for Higher Education Accreditation or its successor
1427 organization Commission on Recognition of Postsecondary
1428 Accreditation. Such foreign education and training must have
1429 been received in an institution or program of higher education
1430 officially recognized by the government of the country in which
1431 it is located as an institution or program to train students to
1432 practice as mental health counselors. The applicant has the
1433 burden of establishing that the requirements of this provision
1434 have been met shall be upon the applicant, and the board shall
1435 require documentation, such as, but not limited to, an
1436 evaluation by a foreign equivalency determination service, as
1437 evidence that the applicant’s graduate degree program and
1438 education were equivalent to an accredited program in this
1439 country. Beginning July 1, 2025, an applicant must have a
1440 master’s degree from a program that is accredited by the Council
1441 for Accreditation of Counseling and Related Educational Programs
1442 which consists of at least 60 semester hours or 80 quarter hours
1443 to apply for licensure under this paragraph.
1444 (c) Has had at least 2 years of clinical experience in
1445 mental health counseling, which must be at the post-master’s
1446 level under the supervision of a licensed mental health
1447 counselor or the equivalent who is a qualified supervisor as
1448 determined by the board. An individual who intends to practice
1449 in Florida to satisfy the clinical experience requirements must
1450 register pursuant to s. 491.0045 before commencing practice. If
1451 a graduate has a master’s degree with a major related to the
1452 practice of mental health counseling which that did not include
1453 all the coursework required under sub-subparagraphs (b)1.a. and
1454 b. (b)1.a.-b., credit for the post-master’s level clinical
1455 experience may shall not commence until the applicant has
1456 completed a minimum of seven of the courses required under sub
1457 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1458 board, one of which must be a course in psychopathology or
1459 abnormal psychology. A doctoral internship may be applied toward
1460 the clinical experience requirement. A licensed mental health
1461 professional must be on the premises when clinical services are
1462 provided by a registered intern in a private practice setting.
1463 (d) Has passed a theory and practice examination provided
1464 by the department for this purpose.
1465 (e) Has demonstrated, in a manner designated by board rule
1466 of the board, knowledge of the laws and rules governing the
1467 practice of clinical social work, marriage and family therapy,
1468 and mental health counseling.
1469 Section 32. Paragraph (b) of subsection (1) of section
1470 491.006, Florida Statutes, is amended to read:
1471 491.006 Licensure or certification by endorsement.—
1472 (1) The department shall license or grant a certificate to
1473 a person in a profession regulated by this chapter who, upon
1474 applying to the department and remitting the appropriate fee,
1475 demonstrates to the board that he or she:
1476 (b)1. Holds an active valid license to practice and has
1477 actively practiced the licensed profession for which licensure
1478 is applied in another state for 3 of the last 5 years
1479 immediately preceding licensure;.
1480 2. Meets the education requirements of this chapter for the
1481 profession for which licensure is applied.
1482 2.3. Has passed a substantially equivalent licensing
1483 examination in another state or has passed the licensure
1484 examination in this state in the profession for which the
1485 applicant seeks licensure; and.
1486 3.4. Holds a license in good standing, is not under
1487 investigation for an act that would constitute a violation of
1488 this chapter, and has not been found to have committed any act
1489 that would constitute a violation of this chapter.
1490
1491 The fees paid by any applicant for certification as a master
1492 social worker under this section are nonrefundable.
1493 Section 33. Subsection (3) of section 491.007, Florida
1494 Statutes, is amended to read:
1495 491.007 Renewal of license, registration, or certificate.—
1496 (3) The board or department shall prescribe by rule a
1497 method for the biennial renewal of an intern registration at a
1498 fee set by rule, not to exceed $100.
1499 Section 34. Subsection (2) of section 491.009, Florida
1500 Statutes, is amended to read:
1501 491.009 Discipline.—
1502 (2) The board department, or, in the case of certified
1503 master social workers psychologists, the department board, may
1504 enter an order denying licensure or imposing any of the
1505 penalties authorized in s. 456.072(2) against any applicant for
1506 licensure or any licensee who violates is found guilty of
1507 violating any provision of subsection (1) of this section or who
1508 is found guilty of violating any provision of s. 456.072(1).
1509 Section 35. Subsection (2) of section 491.0046, Florida
1510 Statutes, is amended to read:
1511 491.0046 Provisional license; requirements.—
1512 (2) The department shall issue a provisional clinical
1513 social worker license, provisional marriage and family therapist
1514 license, or provisional mental health counselor license to each
1515 applicant who the board certifies has:
1516 (a) Completed the application form and remitted a
1517 nonrefundable application fee not to exceed $100, as set by
1518 board rule; and
1519 (b) Earned a graduate degree in social work, a graduate
1520 degree with a major emphasis in marriage and family therapy or a
1521 closely related field, or a graduate degree in a major related
1522 to the practice of mental health counseling; and
1523 (c) Has Met the following minimum coursework requirements:
1524 1. For clinical social work, a minimum of 15 semester hours
1525 or 22 quarter hours of the coursework required by s.
1526 491.005(1)(b)2.b.
1527 2. For marriage and family therapy, 10 of the courses
1528 required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1529 determined by the board, and at least 6 semester hours or 9
1530 quarter hours of the course credits must have been completed in
1531 the area of marriage and family systems, theories, or
1532 techniques.
1533 3. For mental health counseling, a minimum of seven of the
1534 courses required under s. 491.005(4)(b)1.a.-c.
1535 Section 36. Subsection (11) of section 945.42, Florida
1536 Statutes, is amended to read:
1537 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1538 945.40-945.49, the following terms shall have the meanings
1539 ascribed to them, unless the context shall clearly indicate
1540 otherwise:
1541 (11) “Psychological professional” means a behavioral
1542 practitioner who has an approved doctoral degree in psychology
1543 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1544 the department or who is licensed as a psychologist pursuant to
1545 chapter 490.
1546 Section 37. This act shall take effect July 1, 2020.