Florida Senate - 2024                             CS for SB 1600
       
       
        
       By the Committee on Fiscal Policy; and Senator Collins
       
       
       
       
       
       594-03830-24                                          20241600c1
    1                        A bill to be entitled                      
    2         An act relating to interstate mobility; creating s.
    3         455.2135, F.S.; requiring the respective boards of
    4         occupations, or the Department of Business and
    5         Professional Regulation if there is no board, to allow
    6         licensure by endorsement if applicant meets certain
    7         criteria; requiring applicants of professions that
    8         require fingerprints for criminal history checks to
    9         submit such fingerprints before the board or
   10         department issues a license by endorsement; requiring
   11         the department, and authorizing the board, as
   12         applicable, to review the results of the criminal
   13         history checks according to specified criteria to
   14         determine if the applicants meet the requirements for
   15         licensure; requiring that the costs associated with
   16         fingerprint processing be borne by the applicant; if
   17         fingerprints are submitted through an authorized
   18         agency or vendor, requiring such agency or vendor to
   19         collect the processing fees and remit them to the
   20         Department of Law Enforcement; providing an exception;
   21         creating s. 456.0145, F.S.; providing a short title;
   22         requiring the applicable health care regulatory
   23         boards, or the Department of Health if there is no
   24         board, to issue a license or certificate to applicants
   25         who meet specified conditions; defining the term
   26         “scope of practice”; requiring the department to
   27         verify certain information using the National
   28         Practitioner Data Bank, as applicable; specifying
   29         circumstances under which a person is ineligible for a
   30         license; authorizing boards or the department, as
   31         applicable, to revoke a license upon a specified
   32         finding; requiring boards or the department, as
   33         applicable, to issue licenses to qualified applicants
   34         within a specified timeframe; authorizing boards or
   35         the department, as applicable, to require that
   36         applicants successfully complete a jurisprudential
   37         examination under certain circumstances; requiring the
   38         department to submit an annual report to the Governor
   39         and the Legislature by a specified date; providing
   40         requirements for the report; requiring the boards or
   41         the department, as applicable, to adopt certain rules
   42         within a specified timeframe; amending ss. 457.105,
   43         458.313, 464.009, 464.203, 465.0075, 467.0125,
   44         468.1185, 468.1705, 468.209, 468.213, 468.513, 478.47,
   45         480.041, 484.007, 486.081, 486.107, 490.006, and
   46         491.006, F.S.; revising licensure by endorsement
   47         requirements for the practice of acupuncture,
   48         medicine, professional or practical nursing, certified
   49         nursing, pharmacy, midwifery, speech-language
   50         pathology and audiology, nursing home administration,
   51         occupational therapy, dietetics and nutrition,
   52         electrology, massage therapy, opticianry, physical
   53         therapy, physical therapist assistantship, psychology
   54         and school psychology, and clinical social work,
   55         marriage and family therapy, and mental health
   56         counseling, respectively; amending ss. 486.031 and
   57         486.102, F.S.; conforming provisions to changes made
   58         by the act; authorizing the boards or the Department
   59         of Health, as applicable, to continue processing
   60         applications for licensure by endorsement, as
   61         authorized under the Florida Statutes (2023), for a
   62         specified timeframe; providing an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 455.2135, Florida Statutes, is created
   67  to read:
   68         455.2135 Interstate mobility.—
   69         (1) When endorsement based on years of licensure is not
   70  otherwise provided by law in the practice act for a profession,
   71  the board, or the department if there is no board, shall allow
   72  licensure by endorsement for any individual applying who:
   73         (a)Has held a valid, current license to practice the
   74  profession issued by another state or territory of the United
   75  States for at least 5 years before the date of application and
   76  is applying for the same or similar license in this state;
   77         (b)Submits an application either when the license in
   78  another state or territory is active or within 2 years after
   79  such license was last active;
   80         (c) Has passed the recognized national licensing exam, if
   81  such exam is established as a requirement for licensure in the
   82  profession;
   83         (d) Has no pending disciplinary actions and all sanctions
   84  of any prior disciplinary actions have been satisfied;
   85         (e) Shows proof of compliance with any federal regulation,
   86  training, or certification, if the board or the department
   87  requires such proof, regarding licensure in the profession;
   88         (f) Completes Florida-specific continuing education courses
   89  or passes a jurisprudential examination specific to the state
   90  laws and rules for the applicable profession as established by
   91  the board or department; and
   92         (g) Complies with any insurance or bonding requirements as
   93  required for the profession.
   94         (2) If the practice act for a profession requires the
   95  submission of fingerprints, the applicant must submit a complete
   96  set of fingerprints to the Department of Law Enforcement for a
   97  statewide criminal history check. The Department of Law
   98  Enforcement shall forward the fingerprints to the Federal Bureau
   99  of Investigation for a national criminal history check. The
  100  department shall, and the board may, review the results of the
  101  criminal history checks according to the level 2 screening
  102  standards in s. 435.04 and determine whether the applicant meets
  103  the licensure requirements. The costs of fingerprint processing
  104  are borne by the applicant. If the applicant’s fingerprints are
  105  submitted through an authorized agency or vendor, the agency or
  106  vendor must collect the required processing fees and remit the
  107  fees to the Department of Law Enforcement.
  108         (3) This section does not apply to harbor pilots licensed
  109  under chapter 310.
  110         Section 2. Section 456.0145, Florida Statutes, is created
  111  to read:
  112         456.0145 Mobile Opportunity by Interstate Licensure
  113  Endorsement (MOBILE) Act.—
  114         (1) SHORT TITLE.—This section may be cited as the “Mobile
  115  Opportunity by Interstate Licensure Endorsement Act” or the
  116  “MOBILE Act.”
  117         (2) LICENSURE BY ENDORSEMENT.—
  118         (a) An applicable board, or the department if there is no
  119  board, shall issue a license to practice in this state to an
  120  applicant who meets all of the following criteria:
  121         1. Submits a complete application.
  122         2. Holds an active, unencumbered license issued by another
  123  state, the District of Columbia, or a territory of the United
  124  States in a profession with a similar scope of practice, as
  125  determined by the board or department, as applicable. The term
  126  scope of practice” means the full spectrum of functions,
  127  procedures, actions, and services that a health care
  128  practitioner is deemed competent and authorized to perform under
  129  a license issued in this state.
  130         3.a. Has obtained a passing score on a national licensure
  131  examination or holds a national certification recognized by the
  132  board, or the department if there is no board, as applicable to
  133  the profession for which the applicant is seeking licensure in
  134  this state; or
  135         b.Meets the requirements of paragraph (b).
  136         4. Has actively practiced the profession for which the
  137  applicant is applying for at least 3 years during the 4-year
  138  period immediately preceding the date of submission of the
  139  application.
  140         5.Attests that he or she is not, at the time of submission
  141  of the application, the subject of a disciplinary proceeding in
  142  a jurisdiction in which he or she holds a license or by the
  143  United States Department of Defense for reasons related to the
  144  practice of the profession for which he or she is applying.
  145         6.Has not had disciplinary action taken against him or her
  146  in the 5 years immediately preceding the date of submission of
  147  the application.
  148         7.Meets the financial responsibility requirements of s.
  149  456.048 or the applicable practice act, if required for the
  150  profession for which the applicant is seeking licensure.
  151         8.Submits a set of fingerprints for a background screening
  152  pursuant to s. 456.0135, if required for the profession for
  153  which he or she is applying.
  154  
  155  The department shall verify information submitted by the
  156  applicant under this subsection using the National Practitioner
  157  Data Bank, as applicable.
  158         (b) An applicant for a profession that does not require a
  159  national examination or national certification is eligible for
  160  licensure if an applicable board, or the department if there is
  161  no board, determines that the jurisdiction in which the
  162  applicant currently holds an active, unencumbered license meets
  163  established minimum education requirements and, if applicable,
  164  examination, work experience, and clinical supervision
  165  requirements that are substantially similar to the requirements
  166  for licensure in that profession in this state.
  167         (c)A person is ineligible for a license under this section
  168  if the he or she:
  169         1. Has a complaint, an allegation, or an investigation
  170  pending before a licensing entity in another state, the District
  171  of Columbia, or a possession or territory of the United States;
  172         2. Has been convicted of or pled nolo contendere to,
  173  regardless of adjudication, any felony or misdemeanor related to
  174  the practice of a health care profession;
  175         3. Has had a health care provider license revoked or
  176  suspended by another state, the District of Columbia, or a
  177  territory of the United States, or has voluntarily surrendered
  178  any such license in lieu of having disciplinary action taken
  179  against the license; or
  180         4. Has been reported to the National Practitioner Data
  181  Bank, unless the applicant has successfully appealed to have his
  182  or her name removed from the data bank.
  183         (d) The board, or the department if there is no board, may
  184  revoke a license upon finding that the licensee provided false
  185  or misleading material information or intentionally omitted
  186  material information in an application for licensure.
  187         (e) The board, or the department if there is no board,
  188  shall issue a license to a qualified applicant within 7 days
  189  after receipt of all documentation required for an application.
  190         (3) STATE EXAMINATION.—The board, or the department if
  191  there is no board, may require an applicant to successfully
  192  complete a jurisprudential examination specific to state laws
  193  and rules that regulate the applicable profession, if this
  194  chapter or the applicable practice act requires such
  195  examination.
  196         (4) ANNUAL REPORT.—By December 31 of each year, the
  197  department shall submit a report to the Governor, the President
  198  of the Senate, and the Speaker of the House of Representatives
  199  which provides all of the following information for the previous
  200  fiscal year, distinguished by profession:
  201         (a) The number of applications for licensure received under
  202  this section.
  203         (b) The number of licenses issued under this section.
  204         (c) The number of applications submitted under this section
  205  which were denied and the reason for such denials.
  206         (d) The number of complaints, investigations, or other
  207  disciplinary actions taken against health care practitioners who
  208  are licensed under this section.
  209         (5) RULES.—Each applicable board, or the department if
  210  there is no board, shall adopt rules to implement this section
  211  within 6 months after this section’s effective date, including
  212  rules relating to legislative intent under s. 456.025(1) and the
  213  requirements of s. 456.025(3).
  214         Section 3. Paragraph (c) of subsection (2) of section
  215  457.105, Florida Statutes, is amended to read:
  216         457.105 Licensure qualifications and fees.—
  217         (2) A person may become licensed to practice acupuncture if
  218  the person applies to the department and:
  219         (c) Has successfully completed a board-approved national
  220  certification process, meets the requirements for licensure by
  221  endorsement under s. 456.0145 is actively licensed in a state
  222  that has examination requirements that are substantially
  223  equivalent to or more stringent than those of this state, or
  224  passes an examination administered by the department, which
  225  examination tests the applicant’s competency and knowledge of
  226  the practice of acupuncture and oriental medicine. At the
  227  request of any applicant, oriental nomenclature for the points
  228  shall be used in the examination. The examination shall include
  229  a practical examination of the knowledge and skills required to
  230  practice modern and traditional acupuncture and oriental
  231  medicine, covering diagnostic and treatment techniques and
  232  procedures; and
  233         Section 4. Section 458.313, Florida Statutes, is amended to
  234  read:
  235         (Substantial rewording of section. See
  236         s. 458.313, F.S., for present text.)
  237         458.313 Licensure by endorsement; requirements; fees.—The
  238  department shall issue a license by endorsement to any applicant
  239  who, upon applying to the department on forms furnished by the
  240  department and remitting a fee set by the board in an amount not
  241  to exceed $500, the board certifies has met the requirements for
  242  licensure by endorsement under s. 456.0145.
  243         Section 5. Section 464.009, Florida Statutes, is amended to
  244  read:
  245         (Substantial rewording of section. See
  246         s. 464.009, F.S., for present text.)
  247         464.009 Licensure by endorsement.—
  248         (1)The department shall issue the appropriate license by
  249  endorsement to practice professional or practical nursing to any
  250  applicant who, upon applying to the department and remitting a
  251  fee set by the board in an amount not to exceed $100,
  252  demonstrates to the board that he or she meets the requirements
  253  for licensure by endorsement under s. 456.0145.
  254         (2)A person holding an active multistate license in
  255  another state pursuant to s. 464.0095 is exempt from the
  256  requirements for licensure by endorsement in this section.
  257         Section 6. Paragraph (c) of subsection (1) of section
  258  464.203, Florida Statutes, is amended to read:
  259         464.203 Certified nursing assistants; certification
  260  requirement.—
  261         (1) The board shall issue a certificate to practice as a
  262  certified nursing assistant to any person who demonstrates a
  263  minimum competency to read and write and successfully passes the
  264  required background screening pursuant to s. 400.215. If the
  265  person has successfully passed the required background screening
  266  pursuant to s. 400.215 or s. 408.809 within 90 days before
  267  applying for a certificate to practice and the person’s
  268  background screening results are not retained in the
  269  clearinghouse created under s. 435.12, the board shall waive the
  270  requirement that the applicant successfully pass an additional
  271  background screening pursuant to s. 400.215. The person must
  272  also meet one of the following requirements:
  273         (c) Has been deemed by the board as eligible for licensure
  274  by endorsement under s. 456.0145 Is currently certified in
  275  another state or territory of the United States or in the
  276  District of Columbia; is listed on that jurisdiction’s certified
  277  nursing assistant registry; and has not been found to have
  278  committed abuse, neglect, or exploitation in that jurisdiction.
  279         Section 7. Section 465.0075, Florida Statutes, is amended
  280  to read:
  281         (Substantial rewording of section. See
  282         s. 465.0075, F.S., for present text.)
  283         465.0075 Licensure by endorsement; requirements; fee.—The
  284  department shall issue a license by endorsement to any applicant
  285  who, upon applying to the department and remitting a
  286  nonrefundable fee set by the board in an amount not to exceed
  287  $100, the board certifies has met the requirements for licensure
  288  by endorsement under s. 456.0145.
  289         Section 8. Subsection (1) of section 467.0125, Florida
  290  Statutes, is amended to read:
  291         467.0125 Licensed midwives; qualifications; endorsement;
  292  temporary certificates.—
  293         (1) The department shall issue a license by endorsement to
  294  practice midwifery to an applicant who, upon applying to the
  295  department, demonstrates to the department that she or he meets
  296  all of the requirements for licensure by endorsement under s.
  297  456.0145, following criteria:
  298         (a)Holds an active, unencumbered license to practice
  299  midwifery in another state, jurisdiction, or territory, provided
  300  the licensing requirements of that state, jurisdiction, or
  301  territory at the time the license was issued were substantially
  302  equivalent to or exceeded those established under this chapter
  303  and the rules adopted hereunder.
  304         (b)Has successfully completed a prelicensure course
  305  conducted by an accredited and approved midwifery program.
  306         (c) submits an application for licensure on a form approved
  307  by the department, and pays the appropriate fee.
  308         Section 9. Subsections (3) and (4) of section 468.1185,
  309  Florida Statutes, are amended to read:
  310         468.1185 Licensure.—
  311         (3) The board shall certify as qualified for a license by
  312  endorsement as a speech-language pathologist or audiologist an
  313  applicant who:
  314         (a) Holds a valid license or certificate in another state
  315  or territory of the United States to practice the profession for
  316  which the application for licensure is made, if the criteria for
  317  issuance of such license were substantially equivalent to or
  318  more stringent than the licensure criteria which existed in this
  319  state at the time the license was issued; or
  320         (b) Holds a valid certificate of clinical competence of the
  321  American Speech-Language and Hearing Association or board
  322  certification in audiology from the American Board of Audiology.
  323         (3)(4) The board may refuse to certify any person applying
  324  for licensure under this section applicant who is under
  325  investigation in any jurisdiction for an act which would
  326  constitute a violation of this part or chapter 456 until the
  327  investigation is complete and disciplinary proceedings have been
  328  terminated.
  329         Section 10. Subsections (1), (2), and (3) of section
  330  468.1705, Florida Statutes, are amended to read:
  331         468.1705 Licensure by endorsement; temporary license.—
  332         (1) The department shall issue a license by endorsement to
  333  any applicant who, upon applying to the department and remitting
  334  a fee set by the board not to exceed $500, demonstrates to the
  335  board that he or she meets the requirements for licensure by
  336  endorsement under s. 456.0145:
  337         (a) Meets one of the following requirements:
  338         1. Holds a valid active license to practice nursing home
  339  administration in another state of the United States, provided
  340  that the current requirements for licensure in that state are
  341  substantially equivalent to, or more stringent than, current
  342  requirements in this state; or
  343         2. Meets the qualifications for licensure in s. 468.1695;
  344  and
  345         (b)1. Has successfully completed a national examination
  346  which is substantially equivalent to, or more stringent than,
  347  the examination given by the department;
  348         2. Has passed an examination on the laws and rules of this
  349  state governing the administration of nursing homes; and
  350         3. Has worked as a fully licensed nursing home
  351  administrator for 2 years within the 5-year period immediately
  352  preceding the application by endorsement.
  353         (2) National examinations for licensure as a nursing home
  354  administrator shall be presumed to be substantially equivalent
  355  to, or more stringent than, the examination and requirements in
  356  this state, unless found otherwise by rule of the board.
  357         (2)(3) The department may shall not issue a license by
  358  endorsement or a temporary license to any applicant who is under
  359  investigation in this or another state for any act which would
  360  constitute a violation of this part until such time as the
  361  investigation is complete and disciplinary proceedings have been
  362  terminated.
  363         Section 11. Subsection (3) of section 468.209, Florida
  364  Statutes, is amended to read:
  365         468.209 Requirements for licensure.—
  366         (3) If the board determines that an applicant is qualified
  367  to be licensed by endorsement under s. 456.0145 s. 468.213, the
  368  board may issue the applicant a temporary permit to practice
  369  occupational therapy until the next board meeting at which
  370  license applications are to be considered, but not for a longer
  371  period of time. Only one temporary permit by endorsement shall
  372  be issued to an applicant, and it shall not be renewable.
  373         Section 12. Section 468.213, Florida Statutes, is amended
  374  to read:
  375         468.213 Licensure by endorsement; waiver of examination
  376  requirement.—
  377         (1) The board may waive the examination and grant a license
  378  to any person who meets the requirements for licensure by
  379  endorsement under s. 456.0145 presents proof of current
  380  certification as an occupational therapist or occupational
  381  therapy assistant by a national certifying organization if the
  382  board determines the requirements for such certification to be
  383  equivalent to the requirements for licensure in this act.
  384         (2) The board may waive the examination and grant a license
  385  to any applicant who presents proof of current licensure as an
  386  occupational therapist or occupational therapy assistant in a
  387  another state, the District of Columbia, or any territory or
  388  jurisdiction of the United States or foreign national
  389  jurisdiction which requires standards for licensure determined
  390  by the board to be equivalent to the requirements for licensure
  391  in this part act.
  392         Section 13. Section 468.513, Florida Statutes, is amended
  393  to read:
  394         468.513 Dietitian/nutritionist; licensure by endorsement.—
  395         (1) The department shall issue a license to practice
  396  dietetics and nutrition by endorsement to any applicant who
  397  meets the requirements for licensure by endorsement under s.
  398  456.0145 the board certifies as qualified, upon receipt of a
  399  completed application and the fee specified in s. 468.508.
  400         (2) The board shall certify as qualified for licensure by
  401  endorsement under this section any applicant who:
  402         (a) Presents evidence satisfactory to the board that he or
  403  she is a registered dietitian; or
  404         (b) Holds a valid license to practice dietetics or
  405  nutrition issued by another state, district, or territory of the
  406  United States, if the criteria for issuance of such license are
  407  determined by the board to be substantially equivalent to or
  408  more stringent than those of this state.
  409         (3) The department shall not issue a license by endorsement
  410  under this section to any applicant who is under investigation
  411  in any jurisdiction for any act which would constitute a
  412  violation of this part or chapter 456 until such time as the
  413  investigation is complete and disciplinary proceedings have been
  414  terminated.
  415         Section 14. Section 478.47, Florida Statutes, is amended to
  416  read:
  417         478.47 Licensure by endorsement.—The department shall issue
  418  a license by endorsement to any applicant who, upon submitting
  419  submits an application and the required fees as set forth in s.
  420  478.55, demonstrates to the board that he or she meets the
  421  requirements for licensure by endorsement under s. 456.0145 and
  422  who holds an active license or other authority to practice
  423  electrology in a jurisdiction whose licensure requirements are
  424  determined by the board to be equivalent to the requirements for
  425  licensure in this state.
  426         Section 15. Paragraph (c) of subsection (5) of section
  427  480.041, Florida Statutes, is amended to read:
  428         480.041 Massage therapists; qualifications; licensure;
  429  endorsement.—
  430         (5) The board shall adopt rules:
  431         (c) Specifying licensing procedures for practitioners
  432  desiring to be licensed in this state who meet the requirements
  433  for licensure by endorsement under s. 456.0145 or hold an active
  434  license and have practiced in any other state, territory, or
  435  jurisdiction of the United States or any foreign national
  436  jurisdiction which has licensing standards substantially similar
  437  to, equivalent to, or more stringent than the standards of this
  438  state.
  439         Section 16. Present subsections (3) and (4) of section
  440  484.007, Florida Statutes, are redesignated as subsections (4)
  441  and (5), respectively, a new subsection (3) is added to that
  442  section, and subsection (1) of that section is amended, to read:
  443         484.007 Licensure of opticians; permitting of optical
  444  establishments.—
  445         (1) Any person desiring to practice opticianry shall apply
  446  to the department, upon forms prescribed by it, to take a
  447  licensure examination. The department shall examine each
  448  applicant who the board certifies meets all of the following
  449  criteria:
  450         (a) Has completed the application form and remitted a
  451  nonrefundable application fee set by the board, in the amount of
  452  $100 or less, and an examination fee set by the board, in the
  453  amount of $325 plus the actual per applicant cost to the
  454  department for purchase of portions of the examination from the
  455  American Board of Opticianry or a similar national organization,
  456  or less, and refundable if the board finds the applicant
  457  ineligible to take the examination.;
  458         (b) Is not younger less than 18 years of age.;
  459         (c) Is a graduate of an accredited high school or possesses
  460  a certificate of equivalency of a high school education.; and
  461         (d)1. Has received an associate degree, or its equivalent,
  462  in opticianry from an educational institution the curriculum of
  463  which is accredited by an accrediting agency recognized and
  464  approved by the United States Department of Education or the
  465  Council on Postsecondary Education or approved by the board;
  466         2. Is an individual licensed to practice the profession of
  467  opticianry pursuant to a regulatory licensing law of another
  468  state, territory, or jurisdiction of the United States, who has
  469  actively practiced in such other state, territory, or
  470  jurisdiction for more than 3 years immediately preceding
  471  application, and who meets the examination qualifications as
  472  provided in this subsection;
  473         3. Is an individual who has actively practiced in another
  474  state, territory, or jurisdiction of the United States for more
  475  than 5 years immediately preceding application and who provides
  476  tax or business records, affidavits, or other satisfactory
  477  documentation of such practice and who meets the examination
  478  qualifications as provided in this subsection; or
  479         2.4. Has registered as an apprentice with the department
  480  and paid a registration fee not to exceed $60, as set by rule of
  481  the board. The apprentice shall complete 6,240 hours of training
  482  under the supervision of an optician licensed in this state for
  483  at least 1 year or of a physician or optometrist licensed under
  484  the laws of this state. These requirements must be met within 5
  485  years after the date of registration. However, any time spent in
  486  a recognized school may be considered as part of the
  487  apprenticeship program provided herein. The board may establish
  488  administrative processing fees sufficient to cover the cost of
  489  administering apprentice rules as promulgated by the board.
  490         (3) The board shall certify to the department for licensure
  491  by endorsement any applicant who meets the requirements for
  492  licensure by endorsement under s. 456.0145.
  493         Section 17. Section 486.081, Florida Statutes, is amended
  494  to read:
  495         486.081 Physical therapist; issuance of license by
  496  endorsement; issuance of license without examination to person
  497  passing examination of another authorized examining board in a
  498  foreign country; fee.—
  499         (1) The board may cause a license by endorsement to be
  500  issued through the department without examination to any
  501  applicant who meets the requirements for licensure by
  502  endorsement under s. 456.0145 or, without examination, to any
  503  applicant who presents evidence satisfactory to the board of
  504  having passed the American Registry Examination prior to 1971 or
  505  an examination in physical therapy before a similar lawfully
  506  authorized examining board of another state, the District of
  507  Columbia, a territory, or a foreign country, if the standards
  508  for licensure in physical therapy in such other state, district,
  509  territory, or foreign country are determined by the board to be
  510  as high as those of this state, as established by rules adopted
  511  pursuant to this chapter. Any person who holds a license
  512  pursuant to this section may use the words “physical therapist”
  513  or “physiotherapist” or the letters “P.T.” in connection with
  514  her or his name or place of business to denote her or his
  515  licensure hereunder. A person who holds a license pursuant to
  516  this section and obtains a doctoral degree in physical therapy
  517  may use the letters “D.P.T.” and “P.T.” A physical therapist who
  518  holds a degree of Doctor of Physical Therapy may not use the
  519  title “doctor” without also clearly informing the public of his
  520  or her profession as a physical therapist.
  521         (2) At the time of making application for licensure under
  522  without examination pursuant to the terms of this section, the
  523  applicant shall pay to the department a nonrefundable fee set by
  524  the board in an amount not to exceed $175 as fixed by the board,
  525  no part of which will be returned.
  526         Section 18. Section 486.107, Florida Statutes, is amended
  527  to read:
  528         486.107 Physical therapist assistant; issuance of license
  529  by endorsement without examination to person licensed in another
  530  jurisdiction; fee.—
  531         (1) The board may cause a license by endorsement to be
  532  issued through the department without examination to any
  533  applicant who presents evidence to the board, under oath, of
  534  meeting the requirements for licensure by endorsement under s.
  535  456.0145 licensure in another state, the District of Columbia,
  536  or a territory, if the standards for registering as a physical
  537  therapist assistant or licensing of a physical therapist
  538  assistant, as the case may be, in such other state are
  539  determined by the board to be as high as those of this state, as
  540  established by rules adopted pursuant to this chapter. Any
  541  person who holds a license pursuant to this section may use the
  542  words “physical therapist assistant,” or the letters “P.T.A.,”
  543  in connection with her or his name to denote licensure
  544  hereunder.
  545         (2) At the time of making application for licensure by
  546  endorsement under licensing without examination pursuant to the
  547  terms of this section, the applicant shall pay to the department
  548  a nonrefundable fee set by the board in an amount not to exceed
  549  $175 as fixed by the board, no part of which will be returned.
  550         Section 19. Subsections (1), (2), and (3) of section
  551  490.006, Florida Statutes, are amended to read:
  552         490.006 Licensure by endorsement.—
  553         (1) The department shall license a person as a psychologist
  554  or school psychologist who, upon applying to the department and
  555  remitting the appropriate fee, demonstrates to the department
  556  or, in the case of psychologists, to the board that the
  557  applicant meets the requirements for licensure by endorsement
  558  under s. 456.0145:
  559         (a) Is a diplomate in good standing with the American Board
  560  of Professional Psychology, Inc.; or
  561         (b) Possesses a doctoral degree in psychology and has at
  562  least 10 years of experience as a licensed psychologist in any
  563  jurisdiction or territory of the United States within the 25
  564  years preceding the date of application.
  565         (2) In addition to meeting the requirements for licensure
  566  set forth in subsection (1), an applicant must pass that portion
  567  of the psychology or school psychology licensure examinations
  568  pertaining to the laws and rules related to the practice of
  569  psychology or school psychology in this state before the
  570  department may issue a license to the applicant.
  571         (3) The department shall not issue a license by endorsement
  572  to any applicant who is under investigation in this or another
  573  jurisdiction for an act which would constitute a violation of
  574  this chapter until such time as the investigation is complete,
  575  at which time the provisions of s. 490.009 shall apply.
  576         Section 20. Subsections (1) and (2) of section 491.006,
  577  Florida Statutes, are amended to read:
  578         491.006 Licensure or certification by endorsement.—
  579         (1) The department shall license or grant a certificate to
  580  a person in a profession regulated by this chapter who, upon
  581  applying to the department and remitting the appropriate fee,
  582  demonstrates to the board that he or she meets the requirements
  583  for licensure by endorsement under s. 456.0145:
  584         (a) Has demonstrated, in a manner designated by rule of the
  585  board, knowledge of the laws and rules governing the practice of
  586  clinical social work, marriage and family therapy, and mental
  587  health counseling.
  588         (b)1. Holds an active valid license to practice and has
  589  actively practiced the licensed profession in another state for
  590  3 of the last 5 years immediately preceding licensure;
  591         2. Has passed a substantially equivalent licensing
  592  examination in another state or has passed the licensure
  593  examination in this state in the profession for which the
  594  applicant seeks licensure; and
  595         3. Holds a license in good standing, is not under
  596  investigation for an act that would constitute a violation of
  597  this chapter, and has not been found to have committed any act
  598  that would constitute a violation of this chapter.
  599         (2) The fees paid by any applicant for certification as a
  600  master social worker under this section are nonrefundable.
  601         (2) The department shall not issue a license or certificate
  602  by endorsement to any applicant who is under investigation in
  603  this or another jurisdiction for an act which would constitute a
  604  violation of this chapter until such time as the investigation
  605  is complete, at which time the provisions of s. 491.009 shall
  606  apply.
  607         Section 21. Subsection (3) of section 486.031, Florida
  608  Statutes, is amended to read:
  609         486.031 Physical therapist; licensing requirements.—To be
  610  eligible for licensing as a physical therapist, an applicant
  611  must:
  612         (3)(a) Have been graduated from a school of physical
  613  therapy which has been approved for the educational preparation
  614  of physical therapists by the appropriate accrediting agency
  615  recognized by the Commission on Recognition of Postsecondary
  616  Accreditation or the United States Department of Education at
  617  the time of her or his graduation and have passed, to the
  618  satisfaction of the board, the American Registry Examination
  619  prior to 1971 or a national examination approved by the board to
  620  determine her or his fitness for practice as a physical
  621  therapist as hereinafter provided;
  622         (b) Have received a diploma from a program in physical
  623  therapy in a foreign country and have educational credentials
  624  deemed equivalent to those required for the educational
  625  preparation of physical therapists in this country, as
  626  recognized by the appropriate agency as identified by the board,
  627  and have passed to the satisfaction of the board an examination
  628  to determine her or his fitness for practice as a physical
  629  therapist as hereinafter provided; or
  630         (c) Be entitled to licensure by endorsement or without
  631  examination as provided in s. 486.081.
  632         Section 22. Subsection (3) of section 486.102, Florida
  633  Statutes, is amended to read:
  634         486.102 Physical therapist assistant; licensing
  635  requirements.—To be eligible for licensing by the board as a
  636  physical therapist assistant, an applicant must:
  637         (3)(a) Have been graduated from a school giving a course of
  638  not less than 2 years for physical therapist assistants, which
  639  has been approved for the educational preparation of physical
  640  therapist assistants by the appropriate accrediting agency
  641  recognized by the Commission on Recognition of Postsecondary
  642  Accreditation or the United States Department of Education, at
  643  the time of her or his graduation and have passed to the
  644  satisfaction of the board an examination to determine her or his
  645  fitness for practice as a physical therapist assistant as
  646  hereinafter provided;
  647         (b) Have been graduated from a school giving a course for
  648  physical therapist assistants in a foreign country and have
  649  educational credentials deemed equivalent to those required for
  650  the educational preparation of physical therapist assistants in
  651  this country, as recognized by the appropriate agency as
  652  identified by the board, and passed to the satisfaction of the
  653  board an examination to determine her or his fitness for
  654  practice as a physical therapist assistant as hereinafter
  655  provided;
  656         (c) Be entitled to licensure by endorsement without
  657  examination as provided in s. 486.107; or
  658         (d) Have been enrolled between July 1, 2014, and July 1,
  659  2016, in a physical therapist assistant school in this state
  660  which was accredited at the time of enrollment; and
  661         1. Have been graduated or be eligible to graduate from such
  662  school no later than July 1, 2018; and
  663         2. Have passed to the satisfaction of the board an
  664  examination to determine his or her fitness for practice as a
  665  physical therapist assistant as provided in s. 486.104.
  666         Section 23. Notwithstanding the changes made to the Florida
  667  Statutes (2023) by this act, a board as defined in s. 456.001,
  668  Florida Statutes, or the Department of Health, as applicable,
  669  may continue processing applications for licensure by
  670  endorsement as authorized under the Florida Statutes (2023)
  671  until the rules adopted by such board or the department to
  672  implement the changes made by this act take effect or until 6
  673  months after the effective date of this act, whichever occurs
  674  first.
  675         Section 24. This act shall take effect July 1, 2024.