Senate Bill 1038

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    Florida Senate - 1998                                  SB 1038

    By Senators Brown-Waite, Forman, Casas and Dudley





    10-549-98

  1                      A bill to be entitled

  2         An act relating to boards and councils

  3         regulating health-related professions; amending

  4         ss. 458.307, 458.347, 459.004, 459.022,

  5         460.404, 461.004, 463.003, 464.004, 465.004,

  6         466.004, 467.004, 468.1135, 468.1665, 468.205,

  7         468.354, 468.506, 468.703, 468.801, 480.035,

  8         483.805, 483.901, 484.003, 486.023, 490.004,

  9         491.004, F.S.; adding two lay, consumer members

10         to the Board of Medicine, the Council on

11         Physician Assistants, the Board of Osteopathic

12         Medicine, the Board of Chiropractic, the Board

13         of Podiatric Medicine, the Board of Optometry,

14         the Board of Nursing, the Board of Pharmacy,

15         the Board of Dentistry, the Council of Licensed

16         Midwifery, the Board of Speech-Language

17         Pathology and Audiology, the Board of Nursing

18         Home Administrators, the Board of Occupational

19         Therapy Practice, the Advisory Council on

20         Respiratory Care, the Dietetics and Nutrition

21         Practice Council, the Council of Athletic

22         Training, the Board of Orthotists and

23         Prosthetists, the Board of Massage Therapy, the

24         Board of Clinical Laboratory Personnel, the

25         Advisory Council of Medical Physicists, the

26         Board of Opticianry, the Board of Physical

27         Therapy Practice, the Board of Psychology, and

28         the Board of Clinical Social Work, Marriage and

29         Family Therapy, and Mental Health Counseling;

30         providing for the appointment of such new

31         members; providing an effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Subsections (1) and (2) of section 458.307,

  4  Florida Statutes, are amended to read:

  5         458.307  Board of Medicine.--

  6         (1)  There is created within the department the Board

  7  of Medicine, composed of 17 15 members appointed by the

  8  Governor and confirmed by the Senate.

  9         (2)  Twelve members of the board must be licensed

10  physicians in good standing in this state who are residents of

11  the state and who have been engaged in the active practice or

12  teaching of medicine for at least 4 years immediately

13  preceding their appointment.  One of the physicians must be on

14  the full-time faculty of a medical school in this state, and

15  one of the physicians must be in private practice and on the

16  full-time staff of a statutory teaching hospital in this state

17  as defined in s. 408.07.  At least one of the physicians must

18  be a graduate of a foreign medical school.  The remaining five

19  three members must be residents of the state who are not, and

20  never have been, licensed health care practitioners.  One

21  member must be a hospital risk manager certified under part IX

22  of chapter 626.  At least one member of the board must be 60

23  years of age or older.

24         Section 2.  Paragraph (a) of subsection (9) of section

25  458.347, Florida Statutes, is amended to read:

26         458.347  Physician assistants.--

27         (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on

28  Physician Assistants is created within the department.

29         (a)  The council shall consist of seven five members

30  appointed as follows:

31

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  1         1.  The chairperson of the Board of Medicine shall

  2  appoint three members who are physicians and members of the

  3  Board of Medicine.  One of the physicians must supervise a

  4  physician assistant in the physician's practice.

  5         2.  The chairperson of the Board of Osteopathic

  6  Medicine shall appoint one member who is a physician and a

  7  member of the Board of Osteopathic Medicine.

  8         3.  The secretary of the department or his or her

  9  designee shall appoint a fully certified physician assistant

10  licensed under this chapter or chapter 459.

11         4.  The chairperson of the Board of Medicine and the

12  chairperson of the Board of Osteopathic Medicine shall each

13  appoint one lay member who is not a physician, an osteopathic

14  physician, a physician assistant, or a member of any closely

15  related profession.

16         Section 3.  Subsections (1) and (2) of section 459.004,

17  Florida Statutes, is amended to read:

18         459.004  Board of Osteopathic Medicine.--

19         (1)  There is created within the department the Board

20  of Osteopathic Medicine, composed of nine seven members

21  appointed by the Governor and confirmed by the Senate.

22         (2)  Five members of the board must be licensed

23  osteopathic physicians in good standing in this state who are

24  residents of this state and who have been engaged in the

25  practice of osteopathic medicine for at least 4 years

26  immediately prior to their appointment.  The remaining four

27  two members must be citizens of the state who are not, and

28  have never been, licensed health care practitioners.  At least

29  one member of the board must be 60 years of age or older.

30         Section 4.  Paragraph (a) of subsection (9) of section

31  459.022, Florida Statutes, is amended to read:

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  1         459.022  Physician assistants.--

  2         (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on

  3  Physician Assistants is created within the department.

  4         (a)  The council shall consist of seven five members

  5  appointed as follows:

  6         1.  The chairperson of the Board of Medicine shall

  7  appoint three members who are physicians and members of the

  8  Board of Medicine.  One of the physicians must supervise a

  9  physician assistant in the physician's practice.

10         2.  The chairperson of the Board of Osteopathic

11  Medicine shall appoint one member who is a physician and a

12  member of the Board of Osteopathic Medicine.

13         3.  The secretary of the department or her or his

14  designee shall appoint a fully certified physician assistant

15  licensed under chapter 458 or this chapter.

16         4.  The chairperson of the Board of Medicine and the

17  chairperson of the Board of Osteopathic Medicine shall each

18  appoint one lay member who is not a physician, an osteopathic

19  physician, a physician assistant, or a member of any closely

20  related profession.

21         Section 5.  Subsections (1) and (2) of section 460.404,

22  Florida Statutes, are amended to read:

23         460.404  Board of Chiropractic; membership;

24  appointment; terms.--

25         (1)  The Board of Chiropractic is created within the

26  department and shall consist of nine seven members to be

27  appointed by the Governor and confirmed by the Senate.

28         (2)  Five members of the board must be licensed

29  chiropractic physicians who are residents of the state and who

30  have been licensed chiropractic physicians engaged in the

31  practice of chiropractic for at least 4 years.  The remaining

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  1  four two members must be residents of the state who are not,

  2  and have never been, licensed as chiropractic physicians or

  3  members of any closely related profession.  At least one

  4  member of the board must be 60 years of age or older.

  5         Section 6.  Subsections (1) and (2) of section 461.004,

  6  Florida Statutes, are amended to read:

  7         461.004  Board of Podiatric Medicine; membership;

  8  appointment; terms.--

  9         (1)  The Board of Podiatric Medicine is created within

10  the department and shall consist of nine seven members to be

11  appointed by the Governor and confirmed by the Senate.

12         (2)  Five members of the board must be licensed

13  podiatrists who are residents of the state and who have been

14  licensed podiatrists engaged in the practice of podiatric

15  medicine for at least 4 years.  The remaining four two members

16  must be residents of the state who are not, and have never

17  been, licensed as podiatrists or members of any closely

18  related profession.  At least one member of the board must be

19  60 years of age or older.

20         Section 7.  Subsections (1) and (2) of section 463.003,

21  Florida Statutes, are amended to read:

22         463.003  Board of Optometry.--

23         (1)  There is created within the department the Board

24  of Optometry, composed of nine seven members appointed by the

25  Governor and confirmed by the Senate.

26         (2)  Five members of the board must be licensed

27  practitioners actively practicing in this state.  The

28  remaining four two members must be citizens of the state who

29  are not, and have never been, licensed practitioners and who

30  are in no way connected with the practice of optometry or with

31

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  1  any vision-oriented profession or business.  At least one

  2  member of the board must be 60 years of age or older.

  3         Section 8.  Subsections (1) and (2) of section 464.004,

  4  Florida Statutes, are amended to read:

  5         464.004  Board of Nursing; membership; appointment;

  6  terms.--

  7         (1)  The Board of Nursing is created within the

  8  department and shall consist of 15 13 members to be appointed

  9  by the Governor and confirmed by the Senate.

10         (2)  Seven members of the board must be registered

11  nurses who are residents of this state and who have been

12  engaged in the practice of professional nursing for at least 4

13  years, including at least one advanced registered nurse

14  practitioner, one nurse educator member of an approved

15  program, and one nurse executive.  These seven board members

16  should be representative of the diverse areas of practice

17  within the nursing profession. In addition, three members of

18  the board must be licensed practical nurses who are residents

19  of this state and who have been actively engaged in the

20  practice of practical nursing for at least 4 years prior to

21  their appointment.  The remaining five three members must be

22  residents of the state who have never been licensed as nurses

23  and who are in no way connected with the practice of nursing.

24  No person may be appointed as a lay member who is in any way

25  connected with, or has any financial interest in, any health

26  care facility, agency, or insurer.  At least one member of the

27  board must be 60 years of age or older.

28         Section 9.  Subsections (1) and (2) of section 465.004,

29  Florida Statutes, are amended to read:

30         465.004  Board of Pharmacy.--

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  1         (1)  The Board of Pharmacy is created within the

  2  department and shall consist of 11 nine members to be

  3  appointed by the Governor and confirmed by the Senate.

  4         (2)  Seven members of the board must be licensed

  5  pharmacists who are residents of this state and who have been

  6  engaged in the practice of the profession of pharmacy in this

  7  state for at least 4 years and, to the extent practicable,

  8  represent the various pharmacy practice settings.  Of the

  9  pharmacist members, one must be currently engaged in the

10  practice of pharmacy in a community pharmacy, one must be

11  currently engaged in the practice of pharmacy in a Class II

12  institutional pharmacy or a Modified Class II institutional

13  pharmacy, and five shall be pharmacists licensed in this state

14  irrespective of practice setting.  The remaining four two

15  members must be residents of the state who have never been

16  licensed as pharmacists and who are in no way connected with

17  the practice of the profession of pharmacy.  No person may be

18  appointed as a consumer member who is in any way connected

19  with a drug manufacturer or wholesaler.  At least one member

20  of the board must be 60 years of age or older.

21         Section 10.  Subsection (1) of section 466.004, Florida

22  Statutes, is amended to read:

23         466.004  Board of Dentistry.--

24         (1)  To carry out the provisions of this chapter, there

25  is created within the department the Board of Dentistry

26  consisting of 13 11 members who shall be appointed by the

27  Governor and subject to confirmation by the Senate. Seven

28  members of the board must be licensed dentists actively

29  engaged in the practice of dentistry in this state; two

30  members must be licensed dental hygienists actively engaged in

31  the practice of dental hygiene in this state; and the

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  1  remaining four two members must be laypersons who are not, and

  2  have never been, dentists, dental hygienists, or members of

  3  any closely related profession or occupation. Each dental

  4  member of the board must have been actively engaged in her or

  5  his respective profession for at least 5 years preceding the

  6  date of her or his appointment to the board. At least one

  7  member of the board must be 60 years of age or older. Members

  8  shall be appointed for 4-year terms.

  9         Section 11.  Subsections (1) and (2) of section

10  467.004, Florida Statutes, are amended to read:

11         467.004  Council of Licensed Midwifery.--

12         (1)  The Council of Licensed Midwifery is created

13  within the department and shall consist of 11 nine members to

14  be appointed by the secretary.

15         (2)  One member of the council shall be a certified

16  nurse midwife. One member of the council shall be a physician

17  who is an obstetrician certified by the American Board of

18  Obstetrics and Gynecology and one family physician certified

19  by the American Board of Family Practice.  One member of the

20  council shall be a physician who is a pediatrician certified

21  by the American Board of Pediatrics. Four members of the

22  council shall be licensed midwives. The three one remaining

23  members member shall be residents a resident of this state who

24  have has never been a licensed midwives midwife and who have

25  has no financial interest in the practice of midwifery or in

26  any health care facility, agency, or insurer.  The council

27  members shall serve staggered 4-year terms as determined by

28  rule.

29         Section 12.  Subsections (1) and (2) of section

30  468.1135, Florida Statutes, are amended to read:

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  1         468.1135  Board of Speech-Language Pathology and

  2  Audiology.--

  3         (1)  There is created within the department the Board

  4  of Speech-Language Pathology and Audiology, composed of nine

  5  seven members appointed by the Governor and confirmed by the

  6  Senate.

  7         (2)(a)  Four members of the board shall be persons

  8  licensed under this part, as follows:

  9         1.  Two members shall be practicing speech-language

10  pathologists.

11         2.  Two members shall be practicing audiologists.

12         (b)  One member shall be a physician licensed pursuant

13  to chapter 458 who is a neurologist, an otolaryngologist, or a

14  pediatrician.

15         (c)  Four Two members shall be citizens of the state

16  who are communicatively impaired and who are not, and have

17  never been, licensed as a speech-language pathologist or an

18  audiologist and who are in no way connected with the practice

19  of such profession. At least one of the two shall be a hearing

20  aid user.

21         (d)  At least one member of the board shall be 60 years

22  of age or older.

23         Section 13.  Subsections (1) and (2) of section

24  468.1665, Florida Statutes, are amended to read:

25         468.1665  Board of Nursing Home Administrators;

26  membership; appointment; terms.--

27         (1)  The Board of Nursing Home Administrators is

28  created within the department and shall consist of nine seven

29  members, to be appointed by the Governor and confirmed by the

30  Senate to a term of 4 years or for a term to complete an

31  unexpired vacancy.

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  1         (2)  Three members of the board must be licensed

  2  nursing home administrators.  Two members of the board must be

  3  health care practitioners. The remaining four two members of

  4  the board must be laypersons who are not, and have never been,

  5  nursing home administrators or members of any health care

  6  profession or occupation. At least one member of the board

  7  must be 60 years or older.

  8         Section 14.  Subsections (1) and (2) of section

  9  468.205, Florida Statutes, are amended to read:

10         468.205  Board of Occupational Therapy Practice.--

11         (1)  There is created within the department the Board

12  of Occupational Therapy Practice, composed of nine seven

13  members appointed by the Governor, subject to confirmation by

14  the Senate.

15         (2)  Four members shall be licensed occupational

16  therapists in good standing in this state who are residents of

17  this state and have been engaged in the practice of

18  occupational therapy for at least 4 years immediately prior to

19  their appointment. One member shall be a licensed occupational

20  therapy assistant in good standing in this state who is a

21  resident of the state and has been engaged in the practice of

22  occupational therapy for at least 4 years immediately prior to

23  the appointment. Four Two members shall be consumers who are

24  residents of the state who are not connected with the practice

25  of occupational therapy.

26         Section 15.  Subsection (2), paragraph (a) of

27  subsection (3), and paragraph (b) of subsection (4) of section

28  468.354, Florida Statutes, are amended to read:

29         468.354  Advisory Council on Respiratory Care;

30  organization; function.--

31

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  1         (2)  The council shall consist of seven five members

  2  appointed by the board and shall include:

  3         (a)  A respiratory therapist.

  4         (b)  A respiratory care practitioner.

  5         (c)  A respiratory care professional from each of the

  6  following areas:

  7         1.  Respiratory care education.

  8         2.  Respiratory care management and supervision.

  9         3.  Cardiopulmonary diagnostics.

10         (d)  Two lay members who are not respiratory care

11  professionals and who have never been engaged in the practice

12  of respiratory care.

13

14  Each member of the council who is appointed under paragraph

15  (a), paragraph (b), or paragraph (c) shall be a respiratory

16  care professional who has been actively engaged in the

17  delivery of respiratory care services in this state for at

18  least 4 consecutive years prior to appointment.

19         (3)(a)  Except as provided in paragraph (b), the term

20  of office for each council member shall be 4 years.  No member

21  shall serve for more than two consecutive terms.  Any time

22  there is a vacancy to be filled among the professional members

23  on the council, all professional organizations dealing with

24  respiratory therapy incorporated within the state as not for

25  profit which register their interest with the board shall

26  recommend at least twice as many persons to fill the vacancy

27  to the council as the number of vacancies to be filled, and

28  the board may appoint from the submitted list, in its

29  discretion, any of those persons so recommended.  The board

30  shall, insofar as possible, appoint persons from different

31  geographical areas.

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  1         (4)

  2         (b)  The council shall meet at least twice a year and

  3  shall hold such additional meetings as are deemed necessary by

  4  the board.  Four Three members of the council constitute a

  5  quorum.

  6         Section 16.  Section 468.506, Florida Statutes, is

  7  amended to read:

  8         468.506  Dietetics and Nutrition Practice

  9  Council.--There is created the Dietetics and Nutrition

10  Practice Council under the supervision of the board.  The

11  council shall consist of four persons licensed under this part

12  and three consumers, at least one of whom one consumer who is

13  60 years of age or older.  Council members shall be appointed

14  by the board. Licensed members shall be appointed based on the

15  proportion of licensees within each of the respective

16  disciplines.  Members shall be appointed for 4-year staggered

17  terms.  In order to be eligible for appointment, each licensed

18  member must have been a licensee under this part for at least

19  3 years prior to his or her appointment.  No council member

20  shall serve more than two successive terms.  The board may

21  delegate such powers and duties to the council as it may deem

22  proper to carry out the operations and procedures necessary to

23  effectuate the provisions of this part.  However, the powers

24  and duties delegated to the council by the board must

25  encompass both dietetics and nutrition practice and nutrition

26  counseling. Any time there is a vacancy on the council, any

27  professional association composed of persons licensed under

28  this part may recommend licensees to fill the vacancy to the

29  board in a number at least twice the number of vacancies to be

30  filled, and the board may appoint from the submitted list, in

31  its discretion, any of those persons so recommended.  Any

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  1  professional association composed of persons licensed under

  2  this part may file an appeal regarding a council appointment

  3  with the director of the agency, whose decision shall be

  4  final.  The board shall fix council members' compensation and

  5  pay their expenses in the same manner as provided in s.

  6  455.207.

  7         Section 17.  Subsections (1) and (2) of section

  8  468.703, Florida Statutes, are amended to read:

  9         468.703  Council of Athletic Training.--

10         (1)  The Council of Athletic Training is created within

11  the department and shall consist of nine seven members to be

12  appointed by the secretary.

13         (2)  Four members of the council shall be licensed

14  athletic trainers. One member of the council shall be a

15  physician licensed under chapter 458 or chapter 459.  One

16  member of the council shall be a physician licensed under

17  chapter 460 and certified in the specialty of sports medicine

18  by the Chiropractic Council on Sports Medicine.  Three members

19  One member of the council shall be residents a resident of

20  this state who have has never worked as an athletic trainer,

21  who have has no financial interest in the practice of athletic

22  training, and who have has never been a licensed health care

23  practitioner as defined in s. 455.01(4). Members of the

24  council shall serve staggered 4-year terms as determined by

25  rule of the department; however, no member may serve more than

26  two consecutive terms.

27         Section 18.  Subsections (1) and (2) of section

28  468.801, Florida Statutes, are amended to read:

29         468.801  Board of Orthotists and Prosthetists;

30  appointment; membership; terms; headquarters.--

31

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  1         (1)  The Board of Orthotists and Prosthetists is

  2  created within the Department of Health and shall consist of

  3  nine seven members appointed by the Governor and confirmed by

  4  the Senate.

  5         (2)  The members of the board must be residents of this

  6  state. One member must be a practicing prosthetist with 3

  7  years' experience after receiving a Bachelor of Science degree

  8  in Orthotics and Prosthetics; one member must be a practicing

  9  prosthetist with at least 6 years' experience after

10  certification by a national certifying body; one member must

11  be a practicing orthotist with 3 years' experience after

12  receiving a Bachelor of Science degree in Orthotics and

13  Prosthetics; one member must be a practicing orthotist with at

14  least 6 years' experience after certification by a national

15  certifying body; four two members must be prosthetic or

16  orthotic users who are not deriving economic benefit from the

17  fitting or dispensing of orthotic or prosthetic devices and

18  who have never been orthotists or prosthetists or members of a

19  closely related profession; and one member must be a physician

20  licensed under chapter 458, chapter 459, chapter 460, or

21  chapter 461, who has extensive knowledge of orthotics or

22  prosthetics. One of the prosthetist or orthotist members must

23  have received training in pedorthics and have 3 years of

24  pedorthic experience as part of his or her practice.

25         Section 19.  Subsections (1), (2), and (5) of section

26  480.035, Florida Statutes, are amended to read:

27         480.035  Board of Massage Therapy.--

28         (1)  The Board of Massage Therapy is created within the

29  department. The board shall consist of nine seven members, who

30  shall be appointed by the Governor and whose function it shall

31  be to carry out the provisions of this act.

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  1         (2)  Five members of the board shall be licensed

  2  massage therapists and shall have been engaged in the practice

  3  of massage for not less than 5 consecutive years prior to the

  4  date of appointment to the board. The Governor shall appoint

  5  each member for a term of 4 years. Four Two members of the

  6  board shall be laypersons.  Each board member shall be a high

  7  school graduate or shall have received a graduate equivalency

  8  diploma.  Each board member shall be a citizen of the United

  9  States and a resident of this state for not less than 5 years.

10  The appointments will be subject to confirmation by the

11  Senate.

12         (5)  The board shall hold such meetings during the year

13  as it may determine to be necessary, one of which shall be the

14  annual meeting.  The chair of the board shall have the

15  authority to call other meetings at her or his discretion.  A

16  quorum of the board shall consist of not fewer less than five

17  four members.

18         Section 20.  Subsections (1) and (2) of section

19  483.805, Florida Statutes, are amended to read:

20         483.805  Board of Clinical Laboratory Personnel.--

21         (1)  There is created within the department the Board

22  of Clinical Laboratory Personnel, composed of nine seven

23  members appointed by the Governor and confirmed by the Senate.

24         (2)(a)  Five members of the board shall be persons

25  licensed under this part, as follows:

26         1.  At least one member shall be a practicing clinical

27  laboratory director.

28         2.  At least two members shall be practicing clinical

29  laboratory supervisors.

30         3.  Two members shall be practicing clinical laboratory

31  personnel.

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  1         (b)  Four Two members of the board shall be citizens of

  2  the state who have never been licensed health care

  3  practitioners and who are not, and have never been, licensed

  4  as clinical laboratory personnel and who are in no way

  5  connected with the practice of such profession.

  6         Section 21.  Paragraph (a) of subsection (4) of section

  7  483.901, Florida Statutes, is amended to read:

  8         483.901  Medical physicists; definitions; licensure.--

  9         (4)  COUNCIL.--The Advisory Council of Medical

10  Physicists is created in the Department of Health to advise

11  the department in regulating the practice of medical physics

12  in this state.

13         (a)  The council shall be composed of 11 nine members

14  appointed by the secretary of the department as follows:

15         1.  A licensed medical physicist who specializes in

16  diagnostic radiological physics.

17         2.  A licensed medical physicist who specializes in

18  therapeutic radiological physics.

19         3.  A licensed medical physicist who specializes in

20  medical nuclear radiological physics.

21         4.  A physician who is board certified by the American

22  Board of Radiology or its equivalent.

23         5.  A physician who is board certified by the American

24  Osteopathic Board of Radiology or its equivalent.

25         6.  A physician who is board certified by the American

26  Chiropractic Radiology Board or its equivalent.

27         7.  Five Three consumer members who are not, and have

28  never been, licensed as a medical physicist or licensed in any

29  closely related profession.

30         Section 22.  Subsections (1) and (2) of section

31  484.003, Florida Statutes, are amended to read:

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  1         484.003  Board of Opticianry; membership; appointment;

  2  terms.--

  3         (1)  The Board of Opticianry is created within the

  4  Department of Business and Professional Regulation and shall

  5  consist of nine seven members to be appointed by the Governor

  6  and confirmed by the Senate.

  7         (2)  Five members of the board must be licensed

  8  opticians.  The remaining four two members must be residents

  9  of the state who never have been licensed as opticians and who

10  are in no way connected with the practice of opticianry. At

11  least one member of the board must be 60 years of age or

12  older.

13         Section 23.  Subsections (1) and (2) of section

14  486.023, Florida Statutes, are amended to read:

15         486.023  Board of Physical Therapy Practice.--

16         (1)  There is created within the department the Board

17  of Physical Therapy Practice, composed of nine seven members

18  appointed by the Governor and subject to confirmation by the

19  Senate.

20         (2)  Five board members shall be licensed physical

21  therapists in good standing in this state who are residents of

22  this state and who have been engaged in the practice of

23  physical therapy for at least 4 years immediately prior to

24  their appointment. One licensed physical therapist board

25  member may be a full-time faculty member teaching in a

26  physical therapy curriculum in an educational institution in

27  this state. The four two remaining members shall be residents

28  of this state who have never been licensed health care

29  practitioners.

30         Section 24.  Subsections (1) and (2) of section

31  490.004, Florida Statutes, are amended to read:

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  1         490.004  Board of Psychology.--

  2         (1)  There is created within the department the Board

  3  of Psychology, composed of nine seven members appointed by the

  4  Governor and confirmed by the Senate.

  5         (2)  Five members of the board must be psychologists

  6  licensed pursuant to this chapter in good standing in this

  7  state. The remaining four two members must be citizens of the

  8  state who are not and have never been licensed psychologists

  9  and who are in no way connected with the practice of

10  psychology. At least one member of the board must be 60 years

11  of age or older.

12         Section 25.  Subsections (1) and (2) of section

13  491.004, Florida Statutes, are amended to read:

14         491.004  Board of Clinical Social Work, Marriage and

15  Family Therapy, and Mental Health Counseling.--

16         (1)  There is created within the department the Board

17  of Clinical Social Work, Marriage and Family Therapy, and

18  Mental Health Counseling composed of 11 nine members appointed

19  by the Governor and confirmed by the Senate.

20         (2)(a)  Six members of the board shall be persons

21  licensed under this chapter as follows:

22         1.  Two members shall be licensed practicing clinical

23  social workers.

24         2.  Two members shall be licensed practicing marriage

25  and family therapists.

26         3.  Two members shall be licensed practicing mental

27  health counselors.

28         (b)  Five Three members shall be citizens of the state

29  who are not and have never been licensed in a mental

30  health-related profession and who are in no way connected with

31  the practice of any such profession.

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  1         Section 26.  When vacancies occur on a board or council

  2  as a result of the creation of additional memberships by this

  3  act, unless another term is required in order to comply with

  4  section 20.43(4)(a), Florida Statutes, the appointing

  5  authority shall appoint one of the new members for an initial

  6  term of 3 years and one member for an initial term of 1 year.

  7  With respect to the Council on Physician Assistants, the Board

  8  of Medicine shall appoint the new member for an initial term

  9  of 3 years and the Board of Osteopathic Medicine shall appoint

10  the new member for an initial term of 1 year.

11         Section 27.  This act shall take effect July 1, 1998.

12

13            *****************************************

14                          SENATE SUMMARY

15    Adds two consumer members to boards and councils
      regulating specified health-related professions.
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