House Bill 1527c1

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    Florida House of Representatives - 1999             CS/HB 1527

        By the Committee on Health Care Licensing & Regulation and
    Representative Boyd





  1                      A bill to be entitled

  2         An act relating to regulation of professions

  3         and occupations; amending s. 455.564, F.S.;

  4         authorizing the Department of Health, if there

  5         is no regulatory board, to adopt rules to

  6         establish the criteria for continuing education

  7         courses required for renewal of a license;

  8         amending s. 455.624, F.S.; providing penalties

  9         for violation of continuing education

10         requirements; amending ss. 464.015 and 464.016,

11         F.S.; prohibiting persons from using the name

12         or title of "nurse" unless licensed or

13         certified as such; providing penalties;

14         amending ss. 455.557 and 455.565, F.S.;

15         exempting resident physicians, interns, and

16         fellows, whether registered or applying for

17         registration, from credentialing and profiling

18         requirements; providing an effective date.

19

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

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22         Section 1.  Subsection (8) of section 455.564, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         455.564  Department; general licensing provisions.--

25         (8)  Any board that currently requires continuing

26  education for renewal of a license, or the department if there

27  is no board, shall adopt rules to establish the criteria for

28  continuing education courses.  The rules may provide that up

29  to a maximum of 25 percent of the required continuing

30  education hours can be fulfilled by the performance of pro

31  bono services to the indigent or to underserved populations or

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    Florida House of Representatives - 1999             CS/HB 1527

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  1  in areas of critical need within the state where the licensee

  2  practices. The board, or the department if there is no board,

  3  must require that any pro bono services be approved in advance

  4  in order to receive credit for continuing education under this

  5  subsection. The standard for determining indigency shall be

  6  that recognized by the Federal Poverty Income Guidelines

  7  produced by the United States Department of Health and Human

  8  Services.  The rules may provide for approval by the board, or

  9  the department if there is no board, that a part of the

10  continuing education hours can be fulfilled by performing

11  research in critical need areas or for training leading to

12  advanced professional certification.  The board, or the

13  department if there is no board, may make rules to define

14  underserved and critical need areas.  The department shall

15  adopt rules for administering continuing education

16  requirements adopted by the boards or the department if there

17  is no board.

18         Section 2.  Subsections (3), (4), and (5) of section

19  455.624, Florida Statutes, are renumbered as subsections (4),

20  (5), and (6), respectively, and a new subsection (3) is added

21  to said section, to read:

22         455.624  Grounds for discipline; penalties;

23  enforcement.--

24         (3)  Notwithstanding subsection (2), if the ground for

25  disciplinary action is the first-time failure of the licensee

26  to satisfy continuing education requirements established by

27  the board, or the department if there is no board, the board

28  or department, as applicable, shall issue a citation in

29  accordance with s. 455.617 and assess a fine, as determined by

30  the board or department by rule. In addition, the board or

31  department, as applicable, may require the licensee to take 1

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    Florida House of Representatives - 1999             CS/HB 1527

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  1  additional hour of continuing education for each hour not

  2  completed or completed late.

  3         Section 3.  Subsection (6) of section 464.015, Florida

  4  Statutes, is amended to read:

  5         464.015  Titles and abbreviations; restrictions;

  6  penalty.--

  7         (6)  No person shall practice or advertise as, or

  8  assume the title of, nurse, registered nurse, licensed

  9  practical nurse, or advanced registered nurse practitioner or

10  use the abbreviation "R.N.," "L.P.N.," or "A.R.N.P." or take

11  any other action that would lead the public to believe that

12  person was certified as such or is performing nursing services

13  pursuant to the exception set forth in s. 464.022(8), unless

14  that person is licensed or certified to practice as such.

15         (7)  A violation of this section is a misdemeanor of

16  the first degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         Section 4.  Paragraph (a) of subsection (2) of section

19  464.016, Florida Statutes, is amended to read:

20         464.016  Violations and penalties.--

21         (2)  Each of the following acts constitutes a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083:

24         (a)  Using the name or title "Nurse," "Registered

25  Nurse," "Licensed Practical Nurse," "Advanced Registered Nurse

26  Practitioner," or any other name or title which implies that a

27  person was licensed or certified as same, unless such person

28  is duly licensed or certified.

29         Section 5.  Paragraph (k) of subsection (2) of section

30  455.557, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         455.557  Standardized credentialing for health care

  2  practitioners.--

  3         (2)  DEFINITIONS.--As used in this section, the term:

  4         (k)  "Health care practitioner" means any person

  5  licensed, or, for credentialing purposes only, any person

  6  applying for licensure, under chapter 458, chapter 459,

  7  chapter 460, or chapter 461 or any person licensed or applying

  8  for licensure under a chapter subsequently made subject to

  9  this section by the department with the approval of the

10  applicable board, except a person registered or applying for

11  registration pursuant to s. 458.345 or s. 459.021.

12         Section 6.  Subsection (1) of section 455.565, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         455.565  Designated health care professionals;

15  information required for licensure.--

16         (1)  Each person who applies for initial licensure as a

17  physician under chapter 458, chapter 459, chapter 460, or

18  chapter 461, except a person applying for registration

19  pursuant to s. 458.345 or s. 459.021, must, at the time of

20  application, and each physician who applies for license

21  renewal under chapter 458, chapter 459, chapter 460, or

22  chapter 461, except a person registered pursuant to s. 458.345

23  or s. 459.021, must, in conjunction with the renewal of such

24  license and under procedures adopted by the Department of

25  Health, and in addition to any other information that may be

26  required from the applicant, furnish the following information

27  to the Department of Health:

28         (a)1.  The name of each medical school that the

29  applicant has attended, with the dates of attendance and the

30  date of graduation, and a description of all graduate medical

31  education completed by the applicant, excluding any coursework

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  1  taken to satisfy medical licensure continuing education

  2  requirements.

  3         2.  The name of each hospital at which the applicant

  4  has privileges.

  5         3.  The address at which the applicant will primarily

  6  conduct his or her practice.

  7         4.  Any certification that the applicant has received

  8  from a specialty board that is recognized by the board to

  9  which the applicant is applying.

10         5.  The year that the applicant began practicing

11  medicine.

12         6.  Any appointment to the faculty of a medical school

13  which the applicant currently holds and an indication as to

14  whether the applicant has had the responsibility for graduate

15  medical education within the most recent 10 years.

16         7.  A description of any criminal offense of which the

17  applicant has been found guilty, regardless of whether

18  adjudication of guilt was withheld, or to which the applicant

19  has pled guilty or nolo contendere.  A criminal offense

20  committed in another jurisdiction which would have been a

21  felony or misdemeanor if committed in this state must be

22  reported. If the applicant indicates that a criminal offense

23  is under appeal and submits a copy of the notice for appeal of

24  that criminal offense, the department must state that the

25  criminal offense is under appeal if the criminal offense is

26  reported in the applicant's profile. If the applicant

27  indicates to the department that a criminal offense is under

28  appeal, the applicant must, upon disposition of the appeal,

29  submit to the department a copy of the final written order of

30  disposition.

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    Florida House of Representatives - 1999             CS/HB 1527

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  1         8.  A description of any final disciplinary action

  2  taken within the previous 10 years against the applicant by

  3  the agency regulating the profession that the applicant is or

  4  has been licensed to practice, whether in this state or in any

  5  other jurisdiction, by a specialty board that is recognized by

  6  the American Board of Medical Specialities, the American

  7  Osteopathic Association, or a similar national organization,

  8  or by a licensed hospital, health maintenance organization,

  9  prepaid health clinic, ambulatory surgical center, or nursing

10  home.  Disciplinary action includes resignation from or

11  nonrenewal of medical staff membership or the restriction of

12  privileges at a licensed hospital, health maintenance

13  organization, prepaid health clinic, ambulatory surgical

14  center, or nursing home taken in lieu of or in settlement of a

15  pending disciplinary case related to competence or character.

16  If the applicant indicates that the disciplinary action is

17  under appeal and submits a copy of the document initiating an

18  appeal of the disciplinary action, the department must state

19  that the disciplinary action is under appeal if the

20  disciplinary action is reported in the applicant's profile.

21         (b)  In addition to the information required under

22  paragraph (a), each applicant who seeks licensure under

23  chapter 458, chapter 459, or chapter 461, and who has

24  practiced previously in this state or in another jurisdiction

25  or a foreign country must provide the information required of

26  licensees under those chapters pursuant to s. 455.697.  An

27  applicant for licensure under chapter 460 who has practiced

28  previously in this state or in another jurisdiction or a

29  foreign country must provide the same information as is

30  required of licensees under chapter 458, pursuant to s.

31  455.697.

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    Florida House of Representatives - 1999             CS/HB 1527

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  1         Section 7.  This act shall take effect July 1, 1999.

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