CS for SB 1600 First Engrossed
20241600e1
1 A bill to be entitled
2 An act relating to interstate mobility; amending s.
3 455.213, F.S.; providing requirements for the
4 applicable board, or the Department of Business and
5 Professional Regulation if there is no board, relating
6 to licensure by reciprocity and by endorsement;
7 defining the term “basis license”; creating s.
8 455.2135, F.S.; requiring the respective boards of
9 occupations, or the Department of Business and
10 Professional Regulation if there is no board, to allow
11 licensure by endorsement if applicant meets certain
12 criteria; requiring applicants of professions that
13 require fingerprints for criminal history checks to
14 submit such fingerprints before the board or
15 department issues a license by endorsement; requiring
16 the department, and authorizing the board, as
17 applicable, to review the results of the criminal
18 history checks according to specified criteria to
19 determine if the applicants meet the requirements for
20 licensure; requiring that the costs associated with
21 fingerprint processing be borne by the applicant; if
22 fingerprints are submitted through an authorized
23 agency or vendor, requiring such agency or vendor to
24 collect the processing fees and remit them to the
25 Department of Law Enforcement; providing an exception;
26 creating s. 456.0145, F.S.; providing a short title;
27 requiring the applicable health care regulatory
28 boards, or the Department of Health if there is no
29 board, to issue a license or certificate to applicants
30 who meet specified conditions; defining the term
31 “scope of practice”; requiring the department to
32 verify certain information using the National
33 Practitioner Data Bank, as applicable; specifying
34 circumstances under which a person is ineligible for a
35 license; authorizing boards or the department, as
36 applicable, to revoke a license upon a specified
37 finding; requiring boards or the department, as
38 applicable, to issue licenses to qualified applicants
39 within a specified timeframe; authorizing boards or
40 the department, as applicable, to require that
41 applicants successfully complete a jurisprudential
42 examination under certain circumstances; requiring the
43 department to submit an annual report to the Governor
44 and the Legislature by a specified date; providing
45 requirements for the report; requiring the boards or
46 the department, as applicable, to adopt certain rules
47 within a specified timeframe; amending ss. 457.105,
48 458.313, 464.009, 464.203, 465.0075, 467.0125,
49 468.1185, 468.1705, 468.209, 468.213, 468.513, 478.47,
50 480.041, 484.007, 486.081, 486.107, 490.006, and
51 491.006, F.S.; revising licensure by endorsement
52 requirements for the practice of acupuncture,
53 medicine, professional or practical nursing, certified
54 nursing, pharmacy, midwifery, speech-language
55 pathology and audiology, nursing home administration,
56 occupational therapy, dietetics and nutrition,
57 electrology, massage therapy, opticianry, physical
58 therapy, physical therapist assistantship, psychology
59 and school psychology, and clinical social work,
60 marriage and family therapy, and mental health
61 counseling, respectively; amending ss. 486.031 and
62 486.102, F.S.; conforming provisions to changes made
63 by the act; authorizing the boards or the Department
64 of Health, as applicable, to continue processing
65 applications for licensure by endorsement, as
66 authorized under the Florida Statutes (2023), for a
67 specified timeframe; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Present subsection (15) of section 455.213,
72 Florida Statutes, is redesignated as subsection (16), and a new
73 subsection (15) is added to that section, to read:
74 455.213 General licensing provisions.—
75 (15)(a) Before the board, or the department if there is no
76 board, may deny an application for licensure by reciprocity or
77 by endorsement, the board, or the department if there is no
78 board, must make a finding that the basis license in another
79 jurisdiction is or is not substantially equivalent to or is
80 otherwise insufficient for a license in this state.
81 (b) If the board, or the department if there is no board,
82 finds that the basis license in another jurisdiction is not
83 substantially equivalent to or is otherwise insufficient for a
84 license in this state and there are no other grounds to deny the
85 application for licensure, within 7 business days after being
86 notified of such finding, the applicant may request that the
87 finding be submitted to the secretary for review. Within 7
88 business days after receiving such request, the secretary must
89 review the finding and either agree or disagree with the
90 finding. If the secretary agrees with the finding, the
91 application for licensure may be denied. If the secretary
92 disagrees with the finding, the application for licensure must
93 be approved unless other grounds for denial exist. The decision
94 must be entered according to the secretary’s finding, unless
95 other grounds for denial exist.
96 (c) If the secretary finds that the requirements of a basis
97 license in another jurisdiction are substantially equivalent to
98 or are otherwise sufficient for a license in this state, the
99 board, or the department if there is no board, must make the
100 same finding for similar applicants from the same jurisdiction,
101 unless the requirements of the basis license change.
102 (d) As used in this subsection, the term “basis license”
103 means the license or the licensure requirements of another
104 jurisdiction which are used to meet the requirements for a
105 license in this state.
106 Section 2. Section 455.2135, Florida Statutes, is created
107 to read:
108 455.2135 Interstate mobility.—
109 (1) When endorsement based upon years of licensure or
110 endorsement based upon satisfaction or completion of multiple
111 criteria that include passage of a licensure or registration
112 examination, completion of internship requirements, or the
113 holding of a valid certificate issued by a national accrediting
114 agency board along with holding a valid license, registration,
115 or certification issued in another jurisdiction is not otherwise
116 provided by law in the practice act for a profession, the board,
117 or the department if there is no board, shall allow licensure by
118 endorsement for any individual applying who:
119 (a) Has held a valid, current license to practice the
120 profession issued by another state or territory of the United
121 States for at least 5 years before the date of application and
122 is applying for the same or similar license in this state;
123 (b) Submits an application either when the license in
124 another state or territory is active or within 2 years after
125 such license was last active;
126 (c) Has passed the recognized national licensing exam, if
127 such exam is established as a requirement for licensure in the
128 profession;
129 (d) Has no pending disciplinary actions and all sanctions
130 of any prior disciplinary actions have been satisfied;
131 (e) Shows proof of compliance with any federal regulation,
132 training, or certification, if the board or the department
133 requires such proof, regarding licensure in the profession;
134 (f) Completes Florida-specific continuing education courses
135 or passes a jurisprudential examination specific to the state
136 laws and rules for the applicable profession as established by
137 the board or department; and
138 (g) Complies with any insurance or bonding requirements as
139 required for the profession.
140 (2) If the practice act for a profession requires the
141 submission of fingerprints, the applicant must submit a complete
142 set of fingerprints to the Department of Law Enforcement for a
143 statewide criminal history check. The Department of Law
144 Enforcement shall forward the fingerprints to the Federal Bureau
145 of Investigation for a national criminal history check. The
146 department shall, and the board may, review the results of the
147 criminal history checks according to the level 2 screening
148 standards in s. 435.04 and determine whether the applicant meets
149 the licensure requirements. The costs of fingerprint processing
150 are borne by the applicant. If the applicant’s fingerprints are
151 submitted through an authorized agency or vendor, the agency or
152 vendor must collect the required processing fees and remit the
153 fees to the Department of Law Enforcement.
154 (3) This section does not apply to harbor pilots licensed
155 under chapter 310.
156 Section 3. Section 456.0145, Florida Statutes, is created
157 to read:
158 456.0145 Mobile Opportunity by Interstate Licensure
159 Endorsement (MOBILE) Act.—
160 (1) SHORT TITLE.—This section may be cited as the “Mobile
161 Opportunity by Interstate Licensure Endorsement Act” or the
162 “MOBILE Act.”
163 (2) LICENSURE BY ENDORSEMENT.—
164 (a) An applicable board, or the department if there is no
165 board, shall issue a license to practice in this state to an
166 applicant who meets all of the following criteria:
167 1. Submits a complete application.
168 2. Holds an active, unencumbered license issued by another
169 state, the District of Columbia, or a territory of the United
170 States in a profession with a similar scope of practice, as
171 determined by the board or department, as applicable. The term
172 “scope of practice” means the full spectrum of functions,
173 procedures, actions, and services that a health care
174 practitioner is deemed competent and authorized to perform under
175 a license issued in this state.
176 3.a. Has obtained a passing score on a national licensure
177 examination or holds a national certification recognized by the
178 board, or the department if there is no board, as applicable to
179 the profession for which the applicant is seeking licensure in
180 this state; or
181 b. Meets the requirements of paragraph (b).
182 4. Has actively practiced the profession for which the
183 applicant is applying for at least 3 years during the 4-year
184 period immediately preceding the date of submission of the
185 application.
186 5. Attests that he or she is not, at the time of submission
187 of the application, the subject of a disciplinary proceeding in
188 a jurisdiction in which he or she holds a license or by the
189 United States Department of Defense for reasons related to the
190 practice of the profession for which he or she is applying.
191 6. Has not had disciplinary action taken against him or her
192 in the 5 years immediately preceding the date of submission of
193 the application.
194 7. Meets the financial responsibility requirements of s.
195 456.048 or the applicable practice act, if required for the
196 profession for which the applicant is seeking licensure.
197 8. Submits a set of fingerprints for a background screening
198 pursuant to s. 456.0135, if required for the profession for
199 which he or she is applying.
200
201 The department shall verify information submitted by the
202 applicant under this subsection using the National Practitioner
203 Data Bank, as applicable.
204 (b) An applicant for a profession that does not require a
205 national examination or national certification is eligible for
206 licensure if an applicable board, or the department if there is
207 no board, determines that the jurisdiction in which the
208 applicant currently holds an active, unencumbered license meets
209 established minimum education requirements and, if applicable,
210 examination, work experience, and clinical supervision
211 requirements that are substantially similar to the requirements
212 for licensure in that profession in this state.
213 (c) A person is ineligible for a license under this section
214 if the he or she:
215 1. Has a complaint, an allegation, or an investigation
216 pending before a licensing entity in another state, the District
217 of Columbia, or a possession or territory of the United States;
218 2. Has been convicted of or pled nolo contendere to,
219 regardless of adjudication, any felony or misdemeanor related to
220 the practice of a health care profession;
221 3. Has had a health care provider license revoked or
222 suspended by another state, the District of Columbia, or a
223 territory of the United States, or has voluntarily surrendered
224 any such license in lieu of having disciplinary action taken
225 against the license; or
226 4. Has been reported to the National Practitioner Data
227 Bank, unless the applicant has successfully appealed to have his
228 or her name removed from the data bank.
229 (d) The board, or the department if there is no board, may
230 revoke a license upon finding that the licensee provided false
231 or misleading material information or intentionally omitted
232 material information in an application for licensure.
233 (e) The board, or the department if there is no board,
234 shall issue a license to a qualified applicant within 7 days
235 after receipt of all documentation required for an application.
236 (3) STATE EXAMINATION.—The board, or the department if
237 there is no board, may require an applicant to successfully
238 complete a jurisprudential examination specific to state laws
239 and rules that regulate the applicable profession, if this
240 chapter or the applicable practice act requires such
241 examination.
242 (4) ANNUAL REPORT.—By December 31 of each year, the
243 department shall submit a report to the Governor, the President
244 of the Senate, and the Speaker of the House of Representatives
245 which provides all of the following information for the previous
246 fiscal year, distinguished by profession:
247 (a) The number of applications for licensure received under
248 this section.
249 (b) The number of licenses issued under this section.
250 (c) The number of applications submitted under this section
251 which were denied and the reason for such denials.
252 (d) The number of complaints, investigations, or other
253 disciplinary actions taken against health care practitioners who
254 are licensed under this section.
255 (5) RULES.—Each applicable board, or the department if
256 there is no board, shall adopt rules to implement this section
257 within 6 months after this section’s effective date, including
258 rules relating to legislative intent under s. 456.025(1) and the
259 requirements of s. 456.025(3).
260 Section 4. Paragraph (c) of subsection (2) of section
261 457.105, Florida Statutes, is amended to read:
262 457.105 Licensure qualifications and fees.—
263 (2) A person may become licensed to practice acupuncture if
264 the person applies to the department and:
265 (c) Has successfully completed a board-approved national
266 certification process, meets the requirements for licensure by
267 endorsement under s. 456.0145 is actively licensed in a state
268 that has examination requirements that are substantially
269 equivalent to or more stringent than those of this state, or
270 passes an examination administered by the department, which
271 examination tests the applicant’s competency and knowledge of
272 the practice of acupuncture and oriental medicine. At the
273 request of any applicant, oriental nomenclature for the points
274 shall be used in the examination. The examination shall include
275 a practical examination of the knowledge and skills required to
276 practice modern and traditional acupuncture and oriental
277 medicine, covering diagnostic and treatment techniques and
278 procedures; and
279 Section 5. Section 458.313, Florida Statutes, is amended to
280 read:
281 (Substantial rewording of section. See
282 s. 458.313, F.S., for present text.)
283 458.313 Licensure by endorsement; requirements; fees.—The
284 department shall issue a license by endorsement to any applicant
285 who, upon applying to the department on forms furnished by the
286 department and remitting a fee set by the board in an amount not
287 to exceed $500, the board certifies has met the requirements for
288 licensure by endorsement under s. 456.0145.
289 Section 6. Section 464.009, Florida Statutes, is amended to
290 read:
291 (Substantial rewording of section. See
292 s. 464.009, F.S., for present text.)
293 464.009 Licensure by endorsement.—
294 (1) The department shall issue the appropriate license by
295 endorsement to practice professional or practical nursing to any
296 applicant who, upon applying to the department and remitting a
297 fee set by the board in an amount not to exceed $100,
298 demonstrates to the board that he or she meets the requirements
299 for licensure by endorsement under s. 456.0145.
300 (2) A person holding an active multistate license in
301 another state pursuant to s. 464.0095 is exempt from the
302 requirements for licensure by endorsement in this section.
303 Section 7. Paragraph (c) of subsection (1) of section
304 464.203, Florida Statutes, is amended to read:
305 464.203 Certified nursing assistants; certification
306 requirement.—
307 (1) The board shall issue a certificate to practice as a
308 certified nursing assistant to any person who demonstrates a
309 minimum competency to read and write and successfully passes the
310 required background screening pursuant to s. 400.215. If the
311 person has successfully passed the required background screening
312 pursuant to s. 400.215 or s. 408.809 within 90 days before
313 applying for a certificate to practice and the person’s
314 background screening results are not retained in the
315 clearinghouse created under s. 435.12, the board shall waive the
316 requirement that the applicant successfully pass an additional
317 background screening pursuant to s. 400.215. The person must
318 also meet one of the following requirements:
319 (c) Has been deemed by the board as eligible for licensure
320 by endorsement under s. 456.0145 Is currently certified in
321 another state or territory of the United States or in the
322 District of Columbia; is listed on that jurisdiction’s certified
323 nursing assistant registry; and has not been found to have
324 committed abuse, neglect, or exploitation in that jurisdiction.
325 Section 8. Section 465.0075, Florida Statutes, is amended
326 to read:
327 (Substantial rewording of section. See
328 s. 465.0075, F.S., for present text.)
329 465.0075 Licensure by endorsement; requirements; fee.—The
330 department shall issue a license by endorsement to any applicant
331 who, upon applying to the department and remitting a
332 nonrefundable fee set by the board in an amount not to exceed
333 $100, the board certifies has met the requirements for licensure
334 by endorsement under s. 456.0145.
335 Section 9. Subsection (1) of section 467.0125, Florida
336 Statutes, is amended to read:
337 467.0125 Licensed midwives; qualifications; endorsement;
338 temporary certificates.—
339 (1) The department shall issue a license by endorsement to
340 practice midwifery to an applicant who, upon applying to the
341 department, demonstrates to the department that she or he meets
342 all of the requirements for licensure by endorsement under s.
343 456.0145, following criteria:
344 (a) Holds an active, unencumbered license to practice
345 midwifery in another state, jurisdiction, or territory, provided
346 the licensing requirements of that state, jurisdiction, or
347 territory at the time the license was issued were substantially
348 equivalent to or exceeded those established under this chapter
349 and the rules adopted hereunder.
350 (b) Has successfully completed a prelicensure course
351 conducted by an accredited and approved midwifery program.
352 (c) submits an application for licensure on a form approved
353 by the department, and pays the appropriate fee.
354 Section 10. Subsections (3) and (4) of section 468.1185,
355 Florida Statutes, are amended to read:
356 468.1185 Licensure.—
357 (3) The board shall certify as qualified for a license by
358 endorsement as a speech-language pathologist or audiologist an
359 applicant who:
360 (a) Holds a valid license or certificate in another state
361 or territory of the United States to practice the profession for
362 which the application for licensure is made, if the criteria for
363 issuance of such license were substantially equivalent to or
364 more stringent than the licensure criteria which existed in this
365 state at the time the license was issued; or
366 (b) Holds a valid certificate of clinical competence of the
367 American Speech-Language and Hearing Association or board
368 certification in audiology from the American Board of Audiology.
369 (3)(4) The board may refuse to certify any person applying
370 for licensure under this section applicant who is under
371 investigation in any jurisdiction for an act which would
372 constitute a violation of this part or chapter 456 until the
373 investigation is complete and disciplinary proceedings have been
374 terminated.
375 Section 11. Subsections (1), (2), and (3) of section
376 468.1705, Florida Statutes, are amended to read:
377 468.1705 Licensure by endorsement; temporary license.—
378 (1) The department shall issue a license by endorsement to
379 any applicant who, upon applying to the department and remitting
380 a fee set by the board not to exceed $500, demonstrates to the
381 board that he or she meets the requirements for licensure by
382 endorsement under s. 456.0145:
383 (a) Meets one of the following requirements:
384 1. Holds a valid active license to practice nursing home
385 administration in another state of the United States, provided
386 that the current requirements for licensure in that state are
387 substantially equivalent to, or more stringent than, current
388 requirements in this state; or
389 2. Meets the qualifications for licensure in s. 468.1695;
390 and
391 (b)1. Has successfully completed a national examination
392 which is substantially equivalent to, or more stringent than,
393 the examination given by the department;
394 2. Has passed an examination on the laws and rules of this
395 state governing the administration of nursing homes; and
396 3. Has worked as a fully licensed nursing home
397 administrator for 2 years within the 5-year period immediately
398 preceding the application by endorsement.
399 (2) National examinations for licensure as a nursing home
400 administrator shall be presumed to be substantially equivalent
401 to, or more stringent than, the examination and requirements in
402 this state, unless found otherwise by rule of the board.
403 (2)(3) The department may shall not issue a license by
404 endorsement or a temporary license to any applicant who is under
405 investigation in this or another state for any act which would
406 constitute a violation of this part until such time as the
407 investigation is complete and disciplinary proceedings have been
408 terminated.
409 Section 12. Subsection (3) of section 468.209, Florida
410 Statutes, is amended to read:
411 468.209 Requirements for licensure.—
412 (3) If the board determines that an applicant is qualified
413 to be licensed by endorsement under s. 456.0145 s. 468.213, the
414 board may issue the applicant a temporary permit to practice
415 occupational therapy until the next board meeting at which
416 license applications are to be considered, but not for a longer
417 period of time. Only one temporary permit by endorsement shall
418 be issued to an applicant, and it shall not be renewable.
419 Section 13. Section 468.213, Florida Statutes, is amended
420 to read:
421 468.213 Licensure by endorsement; waiver of examination
422 requirement.—
423 (1) The board may waive the examination and grant a license
424 to any person who meets the requirements for licensure by
425 endorsement under s. 456.0145 presents proof of current
426 certification as an occupational therapist or occupational
427 therapy assistant by a national certifying organization if the
428 board determines the requirements for such certification to be
429 equivalent to the requirements for licensure in this act.
430 (2) The board may waive the examination and grant a license
431 to any applicant who presents proof of current licensure as an
432 occupational therapist or occupational therapy assistant in a
433 another state, the District of Columbia, or any territory or
434 jurisdiction of the United States or foreign national
435 jurisdiction which requires standards for licensure determined
436 by the board to be equivalent to the requirements for licensure
437 in this part act.
438 Section 14. Section 468.513, Florida Statutes, is amended
439 to read:
440 468.513 Dietitian/nutritionist; licensure by endorsement.—
441 (1) The department shall issue a license to practice
442 dietetics and nutrition by endorsement to any applicant who
443 meets the requirements for licensure by endorsement under s.
444 456.0145 the board certifies as qualified, upon receipt of a
445 completed application and the fee specified in s. 468.508.
446 (2) The board shall certify as qualified for licensure by
447 endorsement under this section any applicant who:
448 (a) Presents evidence satisfactory to the board that he or
449 she is a registered dietitian; or
450 (b) Holds a valid license to practice dietetics or
451 nutrition issued by another state, district, or territory of the
452 United States, if the criteria for issuance of such license are
453 determined by the board to be substantially equivalent to or
454 more stringent than those of this state.
455 (3) The department shall not issue a license by endorsement
456 under this section to any applicant who is under investigation
457 in any jurisdiction for any act which would constitute a
458 violation of this part or chapter 456 until such time as the
459 investigation is complete and disciplinary proceedings have been
460 terminated.
461 Section 15. Section 478.47, Florida Statutes, is amended to
462 read:
463 478.47 Licensure by endorsement.—The department shall issue
464 a license by endorsement to any applicant who, upon submitting
465 submits an application and the required fees as set forth in s.
466 478.55, demonstrates to the board that he or she meets the
467 requirements for licensure by endorsement under s. 456.0145 and
468 who holds an active license or other authority to practice
469 electrology in a jurisdiction whose licensure requirements are
470 determined by the board to be equivalent to the requirements for
471 licensure in this state.
472 Section 16. Paragraph (c) of subsection (5) of section
473 480.041, Florida Statutes, is amended to read:
474 480.041 Massage therapists; qualifications; licensure;
475 endorsement.—
476 (5) The board shall adopt rules:
477 (c) Specifying licensing procedures for practitioners
478 desiring to be licensed in this state who meet the requirements
479 for licensure by endorsement under s. 456.0145 or hold an active
480 license and have practiced in any other state, territory, or
481 jurisdiction of the United States or any foreign national
482 jurisdiction which has licensing standards substantially similar
483 to, equivalent to, or more stringent than the standards of this
484 state.
485 Section 17. Present subsections (3) and (4) of section
486 484.007, Florida Statutes, are redesignated as subsections (4)
487 and (5), respectively, a new subsection (3) is added to that
488 section, and subsection (1) of that section is amended, to read:
489 484.007 Licensure of opticians; permitting of optical
490 establishments.—
491 (1) Any person desiring to practice opticianry shall apply
492 to the department, upon forms prescribed by it, to take a
493 licensure examination. The department shall examine each
494 applicant who the board certifies meets all of the following
495 criteria:
496 (a) Has completed the application form and remitted a
497 nonrefundable application fee set by the board, in the amount of
498 $100 or less, and an examination fee set by the board, in the
499 amount of $325 plus the actual per applicant cost to the
500 department for purchase of portions of the examination from the
501 American Board of Opticianry or a similar national organization,
502 or less, and refundable if the board finds the applicant
503 ineligible to take the examination.;
504 (b) Is not younger less than 18 years of age.;
505 (c) Is a graduate of an accredited high school or possesses
506 a certificate of equivalency of a high school education.; and
507 (d)1. Has received an associate degree, or its equivalent,
508 in opticianry from an educational institution the curriculum of
509 which is accredited by an accrediting agency recognized and
510 approved by the United States Department of Education or the
511 Council on Postsecondary Education or approved by the board;
512 2. Is an individual licensed to practice the profession of
513 opticianry pursuant to a regulatory licensing law of another
514 state, territory, or jurisdiction of the United States, who has
515 actively practiced in such other state, territory, or
516 jurisdiction for more than 3 years immediately preceding
517 application, and who meets the examination qualifications as
518 provided in this subsection;
519 3. Is an individual who has actively practiced in another
520 state, territory, or jurisdiction of the United States for more
521 than 5 years immediately preceding application and who provides
522 tax or business records, affidavits, or other satisfactory
523 documentation of such practice and who meets the examination
524 qualifications as provided in this subsection; or
525 2.4. Has registered as an apprentice with the department
526 and paid a registration fee not to exceed $60, as set by rule of
527 the board. The apprentice shall complete 6,240 hours of training
528 under the supervision of an optician licensed in this state for
529 at least 1 year or of a physician or optometrist licensed under
530 the laws of this state. These requirements must be met within 5
531 years after the date of registration. However, any time spent in
532 a recognized school may be considered as part of the
533 apprenticeship program provided herein. The board may establish
534 administrative processing fees sufficient to cover the cost of
535 administering apprentice rules as promulgated by the board.
536 (3) The board shall certify to the department for licensure
537 by endorsement any applicant who meets the requirements for
538 licensure by endorsement under s. 456.0145.
539 Section 18. Section 486.081, Florida Statutes, is amended
540 to read:
541 486.081 Physical therapist; issuance of license by
542 endorsement; issuance of license without examination to person
543 passing examination of another authorized examining board in a
544 foreign country; fee.—
545 (1) The board may cause a license by endorsement to be
546 issued through the department without examination to any
547 applicant who meets the requirements for licensure by
548 endorsement under s. 456.0145 or, without examination, to any
549 applicant who presents evidence satisfactory to the board of
550 having passed the American Registry Examination prior to 1971 or
551 an examination in physical therapy before a similar lawfully
552 authorized examining board of another state, the District of
553 Columbia, a territory, or a foreign country, if the standards
554 for licensure in physical therapy in such other state, district,
555 territory, or foreign country are determined by the board to be
556 as high as those of this state, as established by rules adopted
557 pursuant to this chapter. Any person who holds a license
558 pursuant to this section may use the words “physical therapist”
559 or “physiotherapist” or the letters “P.T.” in connection with
560 her or his name or place of business to denote her or his
561 licensure hereunder. A person who holds a license pursuant to
562 this section and obtains a doctoral degree in physical therapy
563 may use the letters “D.P.T.” and “P.T.” A physical therapist who
564 holds a degree of Doctor of Physical Therapy may not use the
565 title “doctor” without also clearly informing the public of his
566 or her profession as a physical therapist.
567 (2) At the time of making application for licensure under
568 without examination pursuant to the terms of this section, the
569 applicant shall pay to the department a nonrefundable fee set by
570 the board in an amount not to exceed $175 as fixed by the board,
571 no part of which will be returned.
572 Section 19. Section 486.107, Florida Statutes, is amended
573 to read:
574 486.107 Physical therapist assistant; issuance of license
575 by endorsement without examination to person licensed in another
576 jurisdiction; fee.—
577 (1) The board may cause a license by endorsement to be
578 issued through the department without examination to any
579 applicant who presents evidence to the board, under oath, of
580 meeting the requirements for licensure by endorsement under s.
581 456.0145 licensure in another state, the District of Columbia,
582 or a territory, if the standards for registering as a physical
583 therapist assistant or licensing of a physical therapist
584 assistant, as the case may be, in such other state are
585 determined by the board to be as high as those of this state, as
586 established by rules adopted pursuant to this chapter. Any
587 person who holds a license pursuant to this section may use the
588 words “physical therapist assistant,” or the letters “P.T.A.,”
589 in connection with her or his name to denote licensure
590 hereunder.
591 (2) At the time of making application for licensure by
592 endorsement under licensing without examination pursuant to the
593 terms of this section, the applicant shall pay to the department
594 a nonrefundable fee set by the board in an amount not to exceed
595 $175 as fixed by the board, no part of which will be returned.
596 Section 20. Subsections (1), (2), and (3) of section
597 490.006, Florida Statutes, are amended to read:
598 490.006 Licensure by endorsement.—
599 (1) The department shall license a person as a psychologist
600 or school psychologist who, upon applying to the department and
601 remitting the appropriate fee, demonstrates to the department
602 or, in the case of psychologists, to the board that the
603 applicant meets the requirements for licensure by endorsement
604 under s. 456.0145:
605 (a) Is a diplomate in good standing with the American Board
606 of Professional Psychology, Inc.; or
607 (b) Possesses a doctoral degree in psychology and has at
608 least 10 years of experience as a licensed psychologist in any
609 jurisdiction or territory of the United States within the 25
610 years preceding the date of application.
611 (2) In addition to meeting the requirements for licensure
612 set forth in subsection (1), an applicant must pass that portion
613 of the psychology or school psychology licensure examinations
614 pertaining to the laws and rules related to the practice of
615 psychology or school psychology in this state before the
616 department may issue a license to the applicant.
617 (3) The department shall not issue a license by endorsement
618 to any applicant who is under investigation in this or another
619 jurisdiction for an act which would constitute a violation of
620 this chapter until such time as the investigation is complete,
621 at which time the provisions of s. 490.009 shall apply.
622 Section 21. Subsections (1) and (2) of section 491.006,
623 Florida Statutes, are amended to read:
624 491.006 Licensure or certification by endorsement.—
625 (1) The department shall license or grant a certificate to
626 a person in a profession regulated by this chapter who, upon
627 applying to the department and remitting the appropriate fee,
628 demonstrates to the board that he or she meets the requirements
629 for licensure by endorsement under s. 456.0145:
630 (a) Has demonstrated, in a manner designated by rule of the
631 board, knowledge of the laws and rules governing the practice of
632 clinical social work, marriage and family therapy, and mental
633 health counseling.
634 (b)1. Holds an active valid license to practice and has
635 actively practiced the licensed profession in another state for
636 3 of the last 5 years immediately preceding licensure;
637 2. Has passed a substantially equivalent licensing
638 examination in another state or has passed the licensure
639 examination in this state in the profession for which the
640 applicant seeks licensure; and
641 3. Holds a license in good standing, is not under
642 investigation for an act that would constitute a violation of
643 this chapter, and has not been found to have committed any act
644 that would constitute a violation of this chapter.
645 (2) The fees paid by any applicant for certification as a
646 master social worker under this section are nonrefundable.
647 (2) The department shall not issue a license or certificate
648 by endorsement to any applicant who is under investigation in
649 this or another jurisdiction for an act which would constitute a
650 violation of this chapter until such time as the investigation
651 is complete, at which time the provisions of s. 491.009 shall
652 apply.
653 Section 22. Subsection (3) of section 486.031, Florida
654 Statutes, is amended to read:
655 486.031 Physical therapist; licensing requirements.—To be
656 eligible for licensing as a physical therapist, an applicant
657 must:
658 (3)(a) Have been graduated from a school of physical
659 therapy which has been approved for the educational preparation
660 of physical therapists by the appropriate accrediting agency
661 recognized by the Commission on Recognition of Postsecondary
662 Accreditation or the United States Department of Education at
663 the time of her or his graduation and have passed, to the
664 satisfaction of the board, the American Registry Examination
665 prior to 1971 or a national examination approved by the board to
666 determine her or his fitness for practice as a physical
667 therapist as hereinafter provided;
668 (b) Have received a diploma from a program in physical
669 therapy in a foreign country and have educational credentials
670 deemed equivalent to those required for the educational
671 preparation of physical therapists in this country, as
672 recognized by the appropriate agency as identified by the board,
673 and have passed to the satisfaction of the board an examination
674 to determine her or his fitness for practice as a physical
675 therapist as hereinafter provided; or
676 (c) Be entitled to licensure by endorsement or without
677 examination as provided in s. 486.081.
678 Section 23. Subsection (3) of section 486.102, Florida
679 Statutes, is amended to read:
680 486.102 Physical therapist assistant; licensing
681 requirements.—To be eligible for licensing by the board as a
682 physical therapist assistant, an applicant must:
683 (3)(a) Have been graduated from a school giving a course of
684 not less than 2 years for physical therapist assistants, which
685 has been approved for the educational preparation of physical
686 therapist assistants by the appropriate accrediting agency
687 recognized by the Commission on Recognition of Postsecondary
688 Accreditation or the United States Department of Education, at
689 the time of her or his graduation and have passed to the
690 satisfaction of the board an examination to determine her or his
691 fitness for practice as a physical therapist assistant as
692 hereinafter provided;
693 (b) Have been graduated from a school giving a course for
694 physical therapist assistants in a foreign country and have
695 educational credentials deemed equivalent to those required for
696 the educational preparation of physical therapist assistants in
697 this country, as recognized by the appropriate agency as
698 identified by the board, and passed to the satisfaction of the
699 board an examination to determine her or his fitness for
700 practice as a physical therapist assistant as hereinafter
701 provided;
702 (c) Be entitled to licensure by endorsement without
703 examination as provided in s. 486.107; or
704 (d) Have been enrolled between July 1, 2014, and July 1,
705 2016, in a physical therapist assistant school in this state
706 which was accredited at the time of enrollment; and
707 1. Have been graduated or be eligible to graduate from such
708 school no later than July 1, 2018; and
709 2. Have passed to the satisfaction of the board an
710 examination to determine his or her fitness for practice as a
711 physical therapist assistant as provided in s. 486.104.
712 Section 24. Notwithstanding the changes made to the Florida
713 Statutes (2023) by this act, a board as defined in s. 456.001,
714 Florida Statutes, or the Department of Health, as applicable,
715 may continue processing applications for licensure by
716 endorsement as authorized under the Florida Statutes (2023)
717 until the rules adopted by such board or the department to
718 implement the changes made by this act take effect or until 6
719 months after the effective date of this act, whichever occurs
720 first.
721 Section 25. This act shall take effect July 1, 2024.