Amendment

Bill No. 2170

Amendment No. 954111

CHAMBER ACTION
Senate		House
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1	Representative Farkas offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (a) of subsection (4) of section
6	381.00593, Florida Statutes, is amended to read:
7	381.00593  Public school volunteer health care practitioner
8	program.--
9	(4)(a)  Notwithstanding any provision of chapter 458,
10	chapter 459, chapter 460, chapter 461, chapter 463, part I of
11	chapter 464, chapter 465, chapter 466, chapter 467, part I of
12	chapter 468, or chapter 486 to the contrary, any health care
13	practitioner who participates in the program established in this
14	section and thereby agrees to provide his or her services,
15	without compensation, in a public school for at least 80 hours a
16	year for each school year during the biennial licensure period,
17	or, if the health care practitioner is retired, for at least 400
18	hours a year for each school year during the licensure period,
19	upon providing sufficient proof from the applicable school
20	district that the health care practitioner has completed such
21	hours at the time of license renewal under procedures specified
22	by the Department of Health, shall be eligible for the
23	following:
24	1.  Waiver of the biennial license renewal fee for an
25	active license; and
26	2.  Fulfillment of a maximum of 25 percent of the
27	continuing education hours required for license renewal,
28	pursuant to s. 456.013(7)(9).
29
30	The school district may establish a schedule for health care
31	practitioners who participate in the program.
32	Section 2.  Subsection (4) of section 395.0193, Florida
33	Statutes, is amended to read:
34	395.0193  Licensed facilities; peer review; disciplinary
35	powers; agency or partnership with physicians.--
36	(4)  Pursuant to ss. 458.337 and 459.016, any disciplinary
37	actions taken under subsection (3) shall be reported in writing
38	to the Division of Medical Health Quality Assurance of the
39	Department of Health agency within 30 working days after its
40	initial occurrence, regardless of the pendency of appeals to the
41	governing board of the hospital. The notification shall identify
42	the disciplined practitioner, the action taken, and the reason
43	for such action. All final disciplinary actions taken under
44	subsection (3), if different from those which were reported to
45	the department agency within 30 days after the initial
46	occurrence, shall be reported within 10 working days to the
47	Division of Medical Health Quality Assurance of the department
48	agency in writing and shall specify the disciplinary action
49	taken and the specific grounds therefor. The division shall
50	review each report and determine whether it potentially involved
51	conduct by the licensee that is subject to disciplinary action,
52	in which case s. 456.073 shall apply. The reports are not
53	subject to inspection under s. 119.07(1) even if the division's
54	investigation results in a finding of probable cause.
55	Section 3.  Subsection (7) of section 395.0197, Florida
56	Statutes, is amended to read:
57	395.0197  Internal risk management program.--
58	(7)  Any of the following adverse incidents, whether
59	occurring in the licensed facility or arising from health care
60	prior to admission in the licensed facility, shall be reported
61	by the facility to the agency within 15 calendar days after its
62	occurrence:
63	(a)  The death of a patient;
64	(b)  Brain or spinal damage to a patient;
65	(c)  The performance of a surgical procedure on the wrong
66	patient;
67	(d)  The performance of a wrong-site surgical procedure;
68	(e)  The performance of a wrong surgical procedure;
69	(f)  The performance of a surgical procedure that is
70	medically unnecessary or otherwise unrelated to the patient's
71	diagnosis or medical condition;
72	(g)  The surgical repair of damage resulting to a patient
73	from a planned surgical procedure, where the damage is not a
74	recognized specific risk, as disclosed to the patient and
75	documented through the informed-consent process; or
76	(h)  The performance of procedures to remove unplanned
77	foreign objects remaining from a surgical procedure.
78
79	The agency may grant extensions to this reporting requirement
80	for more than 15 days upon justification submitted in writing by
81	the facility administrator to the agency. The agency may require
82	an additional, final report. These reports shall not be
83	available to the public pursuant to s. 119.07(1) or any other
84	law providing access to public records, nor be discoverable or
85	admissible in any civil or administrative action, except in
86	disciplinary proceedings by the agency or the appropriate
87	regulatory board, nor shall they be available to the public as
88	part of the record of investigation for and prosecution in
89	disciplinary proceedings made available to the public by the
90	agency or the appropriate regulatory board. However, the agency
91	or the appropriate regulatory board shall make available, upon
92	written request by a health care professional against whom
93	probable cause has been found, any such records which form the
94	basis of the determination of probable cause. The agency may
95	investigate, as it deems appropriate, any such incident and
96	prescribe measures that must or may be taken in response to the
97	incident. The agency shall forward a copy of a report of review
98	each incident to the Division of Medical Quality Assurance of
99	the Department of Health to and determine whether it potentially
100	involved conduct by the health care professional who is subject
101	to disciplinary action, in which case the provisions of s.
102	456.073 shall apply.
103	Section 4.  Paragraphs (a) and (e) of subsection (4) and
104	paragraph (b) of subsection (7) of section 395.3025, Florida
105	Statutes, are amended, and paragraph (l) is added to subsection
106	(4) of said section, to read:
107	395.3025  Patient and personnel records; copies;
108	examination.--
109	(4)  Patient records are confidential and must not be
110	disclosed without the consent of the person to whom they
111	pertain, but appropriate disclosure may be made without such
112	consent to:
113	(a)  Licensed Facility personnel and all other licensed
114	health care practitioners attending physicians for use in
115	connection with the treatment of the patient.
116	(e)  The Department of Health agency upon subpoena issued
117	pursuant to s. 456.071, but the records obtained thereby must be
118	used solely for the purpose of the department agency and the
119	appropriate professional board in its investigation,
120	prosecution, and appeal of disciplinary proceedings. The
121	administrator or records custodian in a facility licensed under
122	this chapter shall certify that a true and complete copy of the
123	records requested pursuant to a subpoena or patient release has
124	been provided to the department or shall otherwise identify
125	those documents that have not been provided. If the department
126	agency requests copies of the records, the facility may charge
127	the department the reasonable costs of reproducing the records
128	shall charge no more than its actual copying costs, including
129	reasonable staff time. The records must be sealed and must not
130	be available to the public pursuant to s. 119.07(1) or any other
131	statute providing access to records, nor may they be available
132	to the public as part of the record of investigation for and
133	prosecution in disciplinary proceedings made available to the
134	public by the department agency or the appropriate regulatory
135	board. However, the department agency must make available, upon
136	written request by a practitioner against whom probable cause
137	has been found, any such records that form the basis of the
138	determination of probable cause.
139	1.  The reasonable cost charged for reproducing copies of
140	written or typed documents or reports shall not exceed:
141	a.  For the first 25 pages, $1 per page.
142	b.  For each page in excess of 25 pages, 25 cents.
143	2.  The reasonable cost charged for reproducing x-rays and
144	such other special kinds of records shall not exceed the actual
145	cost. "Actual costs" means the cost of the material and supplies
146	used to duplicate the record, as well as the labor costs
147	associated with such duplication.
148	(l)  Researchers or facility personnel for research
149	purposes, provided that such researchers or facility personnel
150	demonstrate compliance with the requirements of 45 C.F.R. s.
151	164.512(i).
152	(7)
153	(b)  Absent a specific written release or authorization
154	permitting utilization of patient information for solicitation
155	or marketing the sale of goods or services, any use of such that
156	information for such purpose those purposes is prohibited. For
157	purposes of this paragraph, "marketing" has the same meaning as
158	set forth in 45 C.F.R. s. 164.501.
159	Section 5.  Paragraph (b) of subsection (2) of section
160	395.7015, Florida Statutes, is amended to read:
161	395.7015  Annual assessment on health care entities.--
162	(2)  There is imposed an annual assessment against certain
163	health care entities as described in this section:
164	(b)  For the purpose of this section, "health care
165	entities" include the following:
166	1.  Ambulatory surgical centers and mobile surgical
167	facilities licensed under s. 395.003. This subsection shall only
168	apply to mobile surgical facilities operating under contracts
169	entered into on or after July 1, 1998.
170	2.  Clinical laboratories licensed under s. 483.091,
171	excluding any hospital laboratory defined under s. 483.041(6),
172	any clinical laboratory operated by the state or a political
173	subdivision of the state, any clinical laboratory which
174	qualifies as an exempt organization under s. 501(c)(3) of the
175	Internal Revenue Code of 1986, as amended, and which receives 70
176	percent or more of its gross revenues from services to charity
177	patients or Medicaid patients, and any blood, plasma, or tissue
178	bank procuring, storing, or distributing blood, plasma, or
179	tissue either for future manufacture or research or distributed
180	on a nonprofit basis, and further excluding any clinical
181	laboratory which is wholly owned and operated by 6 or fewer
182	physicians who are licensed pursuant to chapter 458 or chapter
183	459 and who practice in the same group practice, and at which no
184	clinical laboratory work is performed for patients referred by
185	any health care provider who is not a member of the same group.
186	3.  Diagnostic-imaging centers that are freestanding
187	outpatient facilities that provide specialized services for the
188	identification or determination of a disease through examination
189	and also provide sophisticated radiological services, and in
190	which services are rendered by a physician licensed by the Board
191	of Medicine under s. 458.311 or s. 458.315, s. 458.313, or s.
192	458.317, or by an osteopathic physician licensed by the Board of
193	Osteopathic Medicine under s. 459.006, s. 459.007, or s.
194	459.0075. For purposes of this paragraph, "sophisticated
195	radiological services" means the following: magnetic resonance
196	imaging; nuclear medicine; angiography; arteriography; computed
197	tomography; positron emission tomography; digital vascular
198	imaging; bronchography; lymphangiography; splenography;
199	ultrasound, excluding ultrasound providers that are part of a
200	private physician's office practice or when ultrasound is
201	provided by two or more physicians licensed under chapter 458 or
202	chapter 459 who are members of the same professional association
203	and who practice in the same medical specialties; and such other
204	sophisticated radiological services, excluding mammography, as
205	adopted in rule by the board.
206	Section 6.  Subsection (24) of section 397.311, Florida
207	Statutes, is amended to read:
208	397.311  Definitions.--As used in this chapter, except part
209	VIII:
210	(24)  "Qualified professional" means a physician licensed
211	under chapter 458 or chapter 459; a professional licensed under
212	chapter 490 or chapter 491; an advanced registered nurse
213	practitioner licensed under part I of chapter 464; or a person
214	who is certified through a department-recognized certification
215	process for substance abuse treatment services and who holds, at
216	a minimum, a bachelor's degree. A person who is certified in
217	substance abuse treatment services by a state-recognized
218	certification process in another state at the time of employment
219	with a licensed substance abuse provider in this state may
220	perform the functions of a qualified professional as defined in
221	this chapter but must meet certification requirements contained
222	in this subsection no later than 1 year after his or her date of
223	employment.
224	Section 7.  Subsection (10) of section 400.141, Florida
225	Statutes, is amended to read:
226	400.141  Administration and management of nursing home
227	facilities.--Every licensed facility shall comply with all
228	applicable standards and rules of the agency and shall:
229	(10)  Keep full records of resident admissions and
230	discharges; medical and general health status, including medical
231	records, personal and social history, and identity and address
232	of next of kin or other persons who may have responsibility for
233	the affairs of the residents; and individual resident care plans
234	including, but not limited to, prescribed services, service
235	frequency and duration, and service goals. The records shall be
236	open to inspection by the agency. A certified true and complete
237	copy of the records shall be provided to the Department of
238	Health upon subpoena issued pursuant to s. 456.057 or s.
239	456.071.
240
241	Facilities that have been awarded a Gold Seal under the program
242	established in s. 400.235 may develop a plan to provide
243	certified nursing assistant training as prescribed by federal
244	regulations and state rules and may apply to the agency for
245	approval of their program.
246	Section 8.  Subsection (3) is added to section 400.145,
247	Florida Statutes, to read:
248	400.145  Records of care and treatment of resident; copies
249	to be furnished.--
250	(3)  The administrator or records custodian in a facility
251	licensed under this chapter shall certify that a true and
252	complete copy of the records requested pursuant to a subpoena or
253	patient release has been provided to the department or shall
254	identify those documents for which a copy has not been provided.
255	The department may be charged the reasonable costs of
256	reproducing copies of written or typed documents or reports in
257	accordance with subsection (1).
258	Section 9.  Subsection (7) and paragraph (b) of subsection
259	(8) of section 400.147, Florida Statutes, are amended to read:
260	400.147  Internal risk management and quality assurance
261	program.--
262	(7)  The facility shall initiate an investigation and shall
263	notify the agency within 1 business day after the risk manager
264	or his or her designee has received a report pursuant to
265	paragraph (1)(d). The notification must be made in writing and
266	be provided electronically, by facsimile device or overnight
267	mail delivery. The notification must include information
268	regarding the identity of the affected resident, the type of
269	adverse incident, the initiation of an investigation by the
270	facility, and whether the events causing or resulting in the
271	adverse incident represent a potential risk to any other
272	resident. The notification is confidential as provided by law
273	and is not discoverable or admissible in any civil or
274	administrative action, except in disciplinary proceedings by the
275	Department of Health agency or the appropriate regulatory board.
276	The department agency may investigate, as it deems appropriate,
277	any such incident and prescribe measures that must or may be
278	taken in response to the incident. The department agency shall
279	review each incident and determine whether it potentially
280	involved conduct by the health care professional who is subject
281	to disciplinary action, in which case the provisions of s.
282	456.073 shall apply.
283	(8)
284	(b)  A copy of the report submitted The information
285	reported to the agency pursuant to paragraph (a) which relates
286	to health care practitioners as defined in s. 456.001 shall be
287	forwarded by the agency to the Division of Medical Quality
288	Assurance of the Department of Health for review persons
289	licensed under chapter 458, chapter 459, chapter 461, or chapter
290	466 shall be reviewed by the agency. The division agency shall
291	determine whether any of the incidents potentially involved
292	conduct by a health care professional who is subject to
293	disciplinary action, in which case the provisions of s. 456.073
294	shall apply.
295	Section 10.  Paragraph (a) of subsection (4) of section
296	400.211, Florida Statutes, is amended to read:
297	400.211  Persons employed as nursing assistants;
298	certification requirement.--
299	(4)  When employed by a nursing home facility for a 12-
300	month period or longer, a nursing assistant, to maintain
301	certification, shall submit to a performance review every 12
302	months and must receive regular inservice education based on the
303	outcome of such reviews. The inservice training must:
304	(a)  Be sufficient to ensure the continuing competence of
305	nursing assistants, must be at least 12 18 hours per year, and
306	may include hours accrued under s. 464.203(7)(8);
307
308	Costs associated with this training may not be reimbursed from
309	additional Medicaid funding through interim rate adjustments.
310	Section 11.  Subsection (7) of section 400.423, Florida
311	Statutes, is amended to read:
312	400.423  Internal risk management and quality assurance
313	program; adverse incidents and reporting requirements.--
314	(7)  A copy of the report submitted The information
315	reported to the agency pursuant to subsection (3) which relates
316	to health care practitioners as defined in s. 456.001 persons
317	licensed under chapter 458, chapter 459, chapter 461, chapter
318	464, or chapter 465 shall be forwarded to reviewed by the
319	Division of Medical Quality Assurance of the Department of
320	Health for review agency. The agency shall determine whether any
321	of the incidents potentially involved conduct by a health care
322	professional who is subject to disciplinary action, in which
323	case the provisions of s. 456.073 apply. The agency may
324	investigate, as it deems appropriate, any such incident and
325	prescribe measures that must or may be taken in response to the
326	incident. The division agency shall review each incident and
327	determine whether it potentially involved conduct by a health
328	care professional who is subject to disciplinary action, in
329	which case the provisions of s. 456.073 apply.
330	Section 12.  Section 400.455, Florida Statutes, is created
331	to read:
332	400.455  Certified copy of subpoenaed records.--Upon a
333	subpoena being issued by the Department of Health pursuant to s.
334	456.057 or s. 456.071, a certified true and complete copy of the
335	requested records shall be provided.
336	Section 13.  Subsections (3) and (4) of section 400.9905,
337	Florida Statutes, are renumbered as subsections (4) and (5), and
338	amended, and new subsections (3), (6), and (7) are added to said
339	section, to read:
340	400.9905  Definitions.--
341	(3)  "Chief financial officer" means an individual who has
342	a bachelor's degree from an accredited university in accounting
343	or finance, or a related field, and who is the person
344	responsible for the preparation of a clinic's billing.
345	(4)(3)  "Clinic" means an entity at which health care
346	services are provided to individuals and which tenders charges
347	for reimbursement for such services, including a mobile clinic
348	and a portable equipment provider. For purposes of this part,
349	the term does not include and the licensure requirements of this
350	part do not apply to:
351	(a)  Entities licensed or registered by the state under
352	chapter 395; or entities licensed or registered by the state and
353	providing only health care services within the scope of services
354	authorized under their respective licenses granted under s.
355	383.30-383.335, chapter 390, chapter 394, chapter 395, chapter
356	397, this chapter except part XIII, chapter 463, chapter 465,
357	chapter 466, chapter 478, part I of chapter 483 480, chapter
358	484, or chapter 651; end-stage renal disease providers
359	authorized under 42 C.F.R. part 405, subpart U, or providers
360	certified under 42 C.F.R. part 485, subpart B or subpart H, or
361	any entity that provides neonatal or pediatric hospital-based
362	healthcare services by licensed practitioners solely within a
363	hospital licensed under chapter 395.
364	(b)  Entities that own, directly or indirectly, entities
365	licensed or registered by the state pursuant to chapter 395; or
366	entities that own, directly or indirectly, entities licensed or
367	registered by the state and providing only health care services
368	within the scope of services authorized pursuant to their
369	respective licenses granted under ss. 383.30-383.335, chapter
370	390, chapter 394, chapter 395, chapter 397, this chapter except
371	part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
372	part I of chapter 483 480, chapter 484, or chapter 651, end-
373	stage renal disease providers authorized under 42 C.F.R. part
374	405, subpart U, or providers certified under 42 C.F.R. part 485,
375	subpart B or subpart H, or any entity that provides neonatal or
376	pediatric hospital-based healthcare services by licensed
377	practitioners solely within a hospital licensed under chapter
378	395.
379	(c)  Entities that are owned, directly or indirectly, by an
380	entity licensed or registered by the state pursuant to chapter
381	395; or entities that are owned, directly or indirectly, by an
382	entity licensed or registered by the state and providing only
383	health care services within the scope of services authorized
384	pursuant to their respective licenses granted under ss. 383.30-
385	383.335, chapter 390, chapter 394, chapter 395, chapter 397,
386	this chapter except part XIII, chapter 463, chapter 465, chapter
387	466, chapter 478, part I of chapter 483 480, chapter 484, or
388	chapter 651, end-stage renal disease providers authorized under
389	42 C.F.R. part 405, subpart U, or providers certified under 42
390	C.F.R. part 485, subpart B or subpart H, or any entity that
391	provides neonatal or pediatric hospital-based healthcare
392	services by licensed practitioners solely within a hospital
393	licensed under chapter 395.
394	(d)  Entities that are under common ownership, directly or
395	indirectly, with an entity licensed or registered by the state
396	pursuant to chapter 395; or entities that are under common
397	ownership, directly or indirectly, with an entity licensed or
398	registered by the state and providing only health care services
399	within the scope of services authorized pursuant to its
400	respective licenses granted under ss. 383.30-383.335, chapter
401	390, chapter 394, chapter 395, chapter 397, this chapter except
402	part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
403	part I of chapter 483 480, chapter 484, or chapter 651, end-
404	stage renal disease providers authorized under 42 C.F.R. part
405	405, subpart U, or providers certified under 42 C.F.R. part 485,
406	subpart B or subpart H, or any entity that provides neonatal or
407	pediatric hospital-based healthcare services by licensed
408	practitioners solely within a hospital licensed under chapter
409	395.
410	(e)  An entity that is exempt from federal taxation under
411	26 U.S.C. s. 501(c)(3) or s. 501(c)(4), and any community
412	college or university clinic, and any entity owned or operated
413	by federal or state government, including agencies,
414	subdivisions, or municipalities thereof.
415	(f)  A sole proprietorship, group practice, partnership, or
416	corporation that provides health care services by physicians
417	covered by s. 627.419, that is directly supervised by one or
418	more of such physicians, and that is wholly owned by one or more
419	of those physicians or by a physician and the spouse, child, or
420	sibling of that physician.
421	(g)(f)  A sole proprietorship, group practice, partnership,
422	or corporation that provides health care services by licensed
423	health care practitioners under chapter 457, chapter 458,
424	chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
425	chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
426	chapter 490, chapter 491, or part I, part III, part X, part
427	XIII, or part XIV of chapter 468, or s. 464.012, which are
428	wholly owned by one or more a licensed health care practitioners
429	practitioner, or the licensed health care practitioners set
430	forth in this paragraph practitioner and the spouse, parent, or
431	child, or sibling of a licensed health care practitioner, so
432	long as one of the owners who is a licensed health care
433	practitioner is supervising the business activities services
434	performed therein and is legally responsible for the entity's
435	compliance with all federal and state laws. However, a health
436	care practitioner may not supervise services beyond the scope of
437	the practitioner's license, except that, for the purposes of
438	this part, a clinic owned by a licensee in s. 456.053(3)(b) that
439	provides only services authorized pursuant to s. 456.053(3)(b)
440	may be supervised by a licensee specified in s. 456.053(3)(b).
441	(h)(g)  Clinical facilities affiliated with an accredited
442	medical school at which training is provided for medical
443	students, residents, or fellows.
444	(i)  Entities that provide only oncology or radiation
445	therapy services by physicians licensed under chapter 458 or
446	459.
447	(5)(4)  "Medical director" means a physician who is
448	employed or under contract with a clinic and who maintains a
449	full and unencumbered physician license in accordance with
450	chapter 458, chapter 459, chapter 460, or chapter 461. However,
451	if the clinic does not provide services pursuant to the
452	respective physician practices acts listed in this subsection,
453	the clinic is limited to providing health care services pursuant
454	to chapter 457, chapter 484, chapter 486, chapter 490, or
455	chapter 491 or part I, part III, part X, part XIII, or part XIV
456	of chapter 468, the clinic may appoint a Florida-licensed health
457	care practitioner who does not provide services pursuant to the
458	respective physician practices acts listed in this subsection
459	licensed under that chapter to serve as a clinic director who is
460	responsible for the clinic's activities. A health care
461	practitioner may not serve as the clinic director if the
462	services provided at the clinic are beyond the scope of that
463	practitioner's license, except that a licensee specified in s.
464	456.053(3)(b) who provides only services authorized pursuant to
465	s. 456.053(3)(b) may serve as clinic director of an entity
466	providing services as specified in s. 456.053(3)(b).
467	(6)  "Mobile clinic" means a movable or detached self-
468	contained health care unit within or from which direct health
469	care services are provided to individuals and which otherwise
470	meets the definition of a clinic in subsection (4).
471	(7)  "Portable equipment provider" means an entity that
472	contracts with or employs persons to provide portable equipment
473	to multiple locations performing treatment or diagnostic testing
474	of individuals, that bills third-party payors for those
475	services, and that otherwise meets the definition of a clinic in
476	subsection (4).
477	Section 14.  The creation of s. 400.9905(4)(i), Florida
478	Statutes, by this act is intended to clarify the legislative
479	intent of this provision as it existed at the time the
480	provisions initially took effect  as s. 456.0375(1)(b), Florida
481	Statutes, and s. 400.9905(4)(i), Florida Statutes, as created by
482	this act, shall operate retroactively to October 1, 2001.
483	Nothing in this section shall be construed as amending,
484	modifying, limiting, or otherwise affecting in any way the
485	legislative intent, scope, terms, prohibition, or requirements
486	of section 456.053, Florida Statutes.
487	Section 15.  Effective upon this act becoming a law and
488	operating retroactively to March 1, 2004, subsections (1), (2),
489	and (3) and paragraphs (a) and (b) of subsection (7) of section
490	400.991, Florida Statutes, are amended to read:
491	400.991  License requirements; background screenings;
492	prohibitions.--
493	(1)(a)  Each clinic, as defined in s. 400.9905, must be
494	licensed and shall at all times maintain a valid license with
495	the agency. Each clinic location shall be licensed separately
496	regardless of whether the clinic is operated under the same
497	business name or management as another clinic.
498	(b)  Each mobile clinic must obtain a separate health care
499	clinic license and clinics must provide to the agency, at least
500	quarterly, the clinic's their projected street location
501	locations to enable the agency to locate and inspect such clinic
502	clinics. A portable equipment provider must obtain a health care
503	clinic license for a single administrative office and is not
504	required to submit quarterly projected street locations.
505	(2)  The initial clinic license application shall be filed
506	with the agency by all clinics, as defined in s. 400.9905, on or
507	before July March 1, 2004. A clinic license must be renewed
508	biennially.
509	(3)  Applicants that submit an application on or before
510	July March 1, 2004, which meets all requirements for initial
511	licensure as specified in this section shall receive a temporary
512	license until the completion of an initial inspection verifying
513	that the applicant meets all requirements in rules authorized by
514	s. 400.9925. However, a clinic engaged in magnetic resonance
515	imaging services may not receive a temporary license unless it
516	presents evidence satisfactory to the agency that such clinic is
517	making a good faith effort and substantial progress in seeking
518	accreditation required under s. 400.9935.
519	(7)  Each applicant for licensure shall comply with the
520	following requirements:
521	(a)  As used in this subsection, the term "applicant" means
522	individuals owning or controlling, directly or indirectly, 5
523	percent or more of an interest in a clinic; the medical or
524	clinic director, or a similarly titled person who is responsible
525	for the day-to-day operation of the licensed clinic; the
526	financial officer or similarly titled individual who is
527	responsible for the financial operation of the clinic; and
528	licensed health care practitioner medical providers at the
529	clinic.
530	(b)  Upon receipt of a completed, signed, and dated
531	application, the agency shall require background screening of
532	the applicant, in accordance with the level 2 standards for
533	screening set forth in chapter 435. Proof of compliance with the
534	level 2 background screening requirements of chapter 435 which
535	has been submitted within the previous 5 years in compliance
536	with any other health care licensure requirements of this state
537	is acceptable in fulfillment of this paragraph. Applicants who
538	own less than 10 percent of a health care clinic are not
539	required to submit fingerprints under this section.
540	Section 16.  Paragraph (g) of subsection (1), subsection
541	(9), and paragraph (b) of subsection (11) of section 400.9935,
542	Florida Statutes, are amended to read:
543	400.9935  Clinic responsibilities.--
544	(1)  Each clinic shall appoint a medical director or clinic
545	director who shall agree in writing to accept legal
546	responsibility for the following activities on behalf of the
547	clinic. The medical director or the clinic director shall:
548	(g)  Conduct systematic reviews of clinic billings to
549	ensure that the billings are not fraudulent or unlawful. Upon
550	discovery of an unlawful charge, the medical director or clinic
551	director shall take immediate corrective action. If the clinic
552	performs only the technical component of magnetic resonance
553	imaging, static radiographs, computed tomography, or positron
554	emission tomography and provides the professional interpretation
555	of such services, in a fixed facility that is accredited by the
556	Joint Commission on Accreditation of Healthcare Organizations or
557	the Accreditation Association for Ambulatory Health Care and the
558	American College of Radiology, and if, in the preceding quarter,
559	the percentage of scans performed by that clinic that were
560	billed to a personal injury protection insurance carrier was
561	less than 15 percent, the chief financial officer of the clinic
562	may, in a written acknowledgment provided to the agency, assume
563	the responsibility for the conduct of the systematic reviews of
564	clinic billings to ensure that the billings are not fraudulent
565	or unlawful.
566	(9)  Any person or entity providing health care services
567	which is not a clinic, as defined under s. 400.9905, may
568	voluntarily apply for a certificate of exemption from licensure
569	under its exempt status with the agency on a form that sets
570	forth its name or names and addresses, a statement of the
571	reasons why it cannot be defined as a clinic, and other
572	information deemed necessary by the agency. An exemption is not
573	transferable. The agency may charge an applicant for a
574	certificate of exemption in an amount equal to $100 or the
575	actual cost of processing the certificate, whichever is less,
576	for processing the certificate.
577	(11)
578	(b)  The agency may deny disallow the application or revoke
579	the license of any entity formed for the purpose of avoiding
580	compliance with the accreditation provisions of this subsection
581	and whose principals were previously principals of an entity
582	that was unable to meet the accreditation requirements within
583	the specified timeframes. The agency may adopt rules as to the
584	accreditation of magnetic resonance imaging clinics.
585	Section 17.  Subsections (1) and (3) of section 400.995,
586	Florida Statutes, are amended, and subsection (10) is added to
587	said section, to read:
588	400.995  Agency administrative penalties.--
589	(1)  The agency may deny the application for a license
590	renewal, revoke or suspend the license and impose administrative
591	fines penalties against clinics of up to $5,000 per violation
592	for violations of the requirements of this part or rules of the
593	agency. In determining if a penalty is to be imposed and in
594	fixing the amount of the fine, the agency shall consider the
595	following factors:
596	(a)  The gravity of the violation, including the
597	probability that death or serious physical or emotional harm to
598	a patient will result or has resulted, the severity of the
599	action or potential harm, and the extent to which the provisions
600	of the applicable laws or rules were violated.
601	(b)  Actions taken by the owner, medical director, or
602	clinic director to correct violations.
603	(c)  Any previous violations.
604	(d)  The financial benefit to the clinic of committing or
605	continuing the violation.
606	(3)  Any action taken to correct a violation shall be
607	documented in writing by the owner, medical director, or clinic
608	director of the clinic and verified through followup visits by
609	agency personnel. The agency may impose a fine and, in the case
610	of an owner-operated clinic, revoke or deny a clinic's license
611	when a clinic medical director or clinic director knowingly
612	fraudulently misrepresents actions taken to correct a violation.
613	(10)  If the agency issues a notice of intent to deny a
614	license application after a temporary license has been issued
615	pursuant to s. 400.991(3), the temporary license shall expire on
616	the date of the notice and may not be extended during any
617	proceeding for administrative or judicial review pursuant to
618	chapter 120.
619	Section 18.  The Agency for Health Care Administration is
620	directed to make refunds to applicants that submitted their
621	health care clinic licensure fees and applications but were
622	subsequently exempted from licensure by this act as follows:
623	(1)  Seventy-five percent of the application fee if the
624	temporary license has not been issued;
625	(2)  Fifty percent of the application fee if the temporary
626	license has been issued but the inspection has not been
627	completed; or
628	(3)  No refund if the inspection has been completed.
629	Section 19.  Any person or entity defined as a clinic under
630	s. 400.9905, Florida Statutes, shall not be in violation of part
631	XIII of chapter 400, Florida Statutes, due to failure to apply
632	for a clinic license by March 1, 2004, as previously required by
633	s. 400.991, Florida Statutes. Payment to any such person or
634	entity by an insurer or other person liable for payment to such
635	person or entity may not be denied on the grounds that the
636	person or entity failed to apply for or obtain a clinic license
637	before March 1, 2004.
638	Section 20.  Paragraph (m) of subsection (1) of section
639	440.13, Florida Statutes, is amended to read:
640	440.13  Medical services and supplies; penalty for
641	violations; limitations.--
642	(1)  DEFINITIONS.--As used in this section, the term:
643	(m)  "Medicine" means a drug prescribed by an authorized
644	health care provider and includes only generic drugs or single-
645	source patented drugs for which there is no generic equivalent,
646	unless the authorized health care provider writes or states that
647	the brand-name drug as defined in s. 465.025 is medically
648	necessary, or is a drug appearing on the schedule of drugs
649	created pursuant to s. 465.025(5)(6), or is available at a cost
650	lower than its generic equivalent.
651	Section 21.  Section 456.005, Florida Statutes, is amended
652	to read:
653	456.005  Long-range policy planning; plans, reports, and
654	recommendations.--To facilitate efficient and cost-effective
655	regulation, the department and the board, where appropriate,
656	shall develop and implement a long-range policy planning and
657	monitoring process to include recommendations specific to each
658	profession. Such process shall include estimates of revenues,
659	expenditures, cash balances, and performance statistics for each
660	profession. The period covered shall not be less than 5 years.
661	The department, with input from the boards and licensees, shall
662	develop the long-range plan and must obtain the approval of the
663	secretary. The department shall monitor compliance with the
664	approved long-range plan and, with input from the boards, shall
665	annually update the plans for approval by the secretary. The
666	department shall provide concise management reports to the
667	boards quarterly. As part of the review process, the department
668	shall evaluate:
669	(1)  Whether the department, including the boards and the
670	various functions performed by the department, is operating
671	efficiently and effectively and if there is a need for a board
672	or council to assist in cost-effective regulation.
673	(2)  How and why the various professions are regulated.
674	(3)  Whether there is a need to continue regulation, and to
675	what degree.
676	(4)  Whether or not consumer protection is adequate, and
677	how it can be improved.
678	(5)  Whether there is consistency between the various
679	practice acts.
680	(6)  Whether unlicensed activity is adequately enforced.
681
682	Such plans should include conclusions and recommendations on
683	these and other issues as appropriate. Such plans shall be
684	provided to the Governor and the Legislature by November 1 of
685	each year.
686	Section 22.  Subsection (5) of section 456.011, Florida
687	Statutes, is amended to read:
688	456.011  Boards; organization; meetings; compensation and
689	travel expenses.--
690	(5)  Notwithstanding the provisions of chapter 120, when
691	two or more boards have identified a conflict in the
692	interpretation or application of their respective practice acts
693	differences between them, the following administrative remedies
694	shall be employed:
695	(a)  One board boards may elect to, or the secretary shall
696	may request that the boards, establish a special committee to
697	resolve the conflict settle those differences. The special
698	committee shall consist of two three members designated by each
699	board, who may be members of the designating board or other
700	experts designated by the board, and of three one additional
701	persons appointed by the secretary who are not members of either
702	profession and who do not have an interest in either profession
703	person designated and agreed to by the members of the special
704	committee. In the event the special committee cannot agree on
705	the additional designee, upon request of the special committee,
706	the secretary may select the designee. The committee shall, by
707	majority vote, make such recommendations as the committee deems
708	necessary, including, but not limited to, rules recommend rules
709	necessary to resolve the differences.
710	(b)  Matters that cannot be resolved through the special
711	committee may be resolved by the department or agent of the
712	department through informal mediation. If the committee reaches
713	a resolution of their differences during mediation, the mediator
714	shall notify the department of the terms of the resolution. The
715	committee shall be provided the opportunity to record with the
716	department an acknowledgment of satisfaction of the terms of
717	mediation within 60 days after such notification. A mediated
718	settlement shall be binding on the two applicable boards as a
719	decision of the special committee.
720	(c)  In the event the boards cannot resolve their conflict
721	through the means established in paragraphs (a) and (b), the
722	secretary shall have the authority to resolve the differences
723	through rulemaking or, in the case of a declaratory statement,
724	the boards shall have standing to petition the department to
725	issue an order If a rule adopted pursuant to this provision is
726	challenged, the participating boards shall share the costs
727	associated with defending the rule or rules. The department
728	shall provide legal representation for any special committee
729	established pursuant to this section.
730	Section 23.  Subsection (3) of section 456.012, Florida
731	Statutes, is amended to read:
732	456.012  Board rules; final agency action; challenges.--
733	(3)  No board created within the department shall have
734	standing to challenge a rule, or proposed rule, or declaratory
735	statement of another board. However, if there is a dispute
736	between boards concerning a rule, or proposed rule, or
737	declaratory statement, the boards may avail themselves of the
738	provisions of s. 456.011(5).
739	Section 24.  Section 456.013, Florida Statutes, is amended
740	to read:
741	456.013  Department; general licensing provisions.--
742	(1)(a)  Any person desiring to be licensed in a profession
743	within the jurisdiction of the department shall apply to the
744	department in writing to take the licensure examination. The
745	application shall be made on a form prepared and furnished by
746	the department. The application form must be available on the
747	World Wide Web and the department may accept electronically
748	submitted applications beginning July 1, 2001. The application
749	shall require the social security number of the applicant,
750	except as provided in paragraph (b). The form shall be
751	supplemented as needed to reflect any material change in any
752	circumstance or condition stated in the application which takes
753	place between the initial filing of the application and the
754	final grant or denial of the license and which might affect the
755	decision of the department. If an application is submitted
756	electronically, the department may require supplemental
757	materials, including an original signature of the applicant and
758	verification of credentials, to be submitted in a nonelectronic
759	format. An incomplete application shall expire 1 year after
760	initial filing. In order to further the economic development
761	goals of the state, and notwithstanding any law to the contrary,
762	the department may enter into an agreement with the county tax
763	collector for the purpose of appointing the county tax collector
764	as the department's agent to accept applications for licenses
765	and applications for renewals of licenses. The agreement must
766	specify the time within which the tax collector must forward any
767	applications and accompanying application fees to the
768	department.
769	(b)  If an applicant has not been issued a social security
770	number by the Federal Government at the time of application
771	because the applicant is not a citizen or resident of this
772	country, the department may process the application using a
773	unique personal identification number. If such an applicant is
774	otherwise eligible for licensure, the board, or the department
775	when there is no board, may issue a temporary license, as
776	established by rule of the board or the department, if there is
777	no board, to the applicant, which shall expire 90 30 days after
778	issuance unless a social security number is obtained and
779	submitted in writing to the department. Upon receipt of the
780	applicant's social security number, the department shall issue a
781	new license, which shall expire at the end of the current
782	biennium.
783	(2)  The board or the department, if there is no board, may
784	adopt a rule allowing an applicant for licensure to complete the
785	coursework requirements for licensure by completing successfully
786	the required courses as a student, or by teaching the required
787	graduate course as an instructor or professor in an accredited
788	institution.
789	(3)(2)  Before the issuance of any license, the department
790	shall charge an initial license fee as determined by the
791	applicable board or, if no such board exists, by rule of the
792	department. Upon receipt of the appropriate license fee, the
793	department shall issue a license to any person certified by the
794	appropriate board, or its designee, as having met the licensure
795	requirements imposed by law or rule. The license shall consist
796	of a wallet-size identification card and a wall card measuring
797	61/2 inches by 5 inches. In addition to the two-part license, the
798	department, at the time of initial licensure, if the board has a
799	positive cash balance and if specified by board rule, or
800	department rule if there is no board, shall issue a wall
801	certificate suitable for conspicuous display, which shall be no
802	smaller than 81/2 inches by 14 inches. The licensee shall
803	surrender to the department the wallet-size identification card,
804	the wall card, and the wall certificate, if one has been issued
805	by the department, if the licensee's license was issued in error
806	or is revoked.
807	(4)(3)(a)  The board, or the department when there is no
808	board, may refuse to issue an initial license to any applicant
809	who is under investigation or prosecution in any jurisdiction
810	for an action that would constitute a violation of this chapter
811	or the professional practice acts administered by the department
812	and the boards, until such time as the investigation or
813	prosecution is complete, and the time period in which the
814	licensure application must be granted or denied shall be tolled
815	until 15 days after the receipt of the final results of the
816	investigation or prosecution.
817	(b)  If an applicant has been convicted of a felony related
818	to the practice or ability to practice any health care
819	profession, the board, or the department when there is no board,
820	may require the applicant to prove that his or her civil rights
821	have been restored.
822	(c)  In considering applications for licensure, the board,
823	or the department when there is no board, may require a personal
824	appearance of the applicant. If the applicant is required to
825	appear, the time period in which a licensure application must be
826	granted or denied shall be tolled until such time as the
827	applicant appears. However, if the applicant fails to appear
828	before the board at either of the next two regularly scheduled
829	board meetings, or fails to appear before the department within
830	30 days if there is no board, the application for licensure
831	shall be denied.
832	(5)(4)  When any administrative law judge conducts a
833	hearing pursuant to the provisions of chapter 120 with respect
834	to the issuance of a license by the department, the
835	administrative law judge shall submit his or her recommended
836	order to the appropriate board, which shall thereupon issue a
837	final order. The applicant for licensure may appeal the final
838	order of the board in accordance with the provisions of chapter
839	120.
840	(6)(5)  A privilege against civil liability is hereby
841	granted to any witness for any information furnished by the
842	witness in any proceeding pursuant to this section, unless the
843	witness acted in bad faith or with malice in providing such
844	information.
845	(6)  As a condition of renewal of a license, the Board of
846	Medicine, the Board of Osteopathic Medicine, the Board of
847	Chiropractic Medicine, and the Board of Podiatric Medicine shall
848	each require licensees which they respectively regulate to
849	periodically demonstrate their professional competency by
850	completing at least 40 hours of continuing education every 2
851	years. The boards may require by rule that up to 1 hour of the
852	required 40 or more hours be in the area of risk management or
853	cost containment. This provision shall not be construed to limit
854	the number of hours that a licensee may obtain in risk
855	management or cost containment to be credited toward satisfying
856	the 40 or more required hours. This provision shall not be
857	construed to require the boards to impose any requirement on
858	licensees except for the completion of at least 40 hours of
859	continuing education every 2 years. Each of such boards shall
860	determine whether any specific continuing education requirements
861	not otherwise mandated by law shall be mandated and shall
862	approve criteria for, and the content of, any continuing
863	education mandated by such board. Notwithstanding any other
864	provision of law, the board, or the department when there is no
865	board, may approve by rule alternative methods of obtaining
866	continuing education credits in risk management. The alternative
867	methods may include attending a board meeting at which another
868	licensee is disciplined, serving as a volunteer expert witness
869	for the department in a disciplinary case, or serving as a
870	member of a probable cause panel following the expiration of a
871	board member's term. Other boards within the Division of Medical
872	Quality Assurance, or the department if there is no board, may
873	adopt rules granting continuing education hours in risk
874	management for attending a board meeting at which another
875	licensee is disciplined, for serving as a volunteer expert
876	witness for the department in a disciplinary case, or for
877	serving as a member of a probable cause panel following the
878	expiration of a board member's term.
879	(7)  The boards, or the department when there is no board,
880	shall require the completion of a 2-hour course relating to
881	prevention of medical errors as part of the licensure and
882	renewal process. The 2-hour course shall count towards the total
883	number of continuing education hours required for the
884	profession. The course shall be approved by the board or
885	department, as appropriate, and shall include a study of root-
886	cause analysis, error reduction and prevention, and patient
887	safety. In addition, the course approved by the Board of
888	Medicine and the Board of Osteopathic Medicine shall include
889	information relating to the five most misdiagnosed conditions
890	during the previous biennium, as determined by the board. If the
891	course is being offered by a facility licensed pursuant to
892	chapter 395 for its employees, the board may approve up to 1
893	hour of the 2-hour course to be specifically related to error
894	reduction and prevention methods used in that facility.
895	(8)  The respective boards within the jurisdiction of the
896	department, or the department when there is no board, may adopt
897	rules to provide for the use of approved videocassette courses,
898	not to exceed 5 hours per subject, to fulfill the continuing
899	education requirements of the professions they regulate. Such
900	rules shall provide for prior approval of the board, or the
901	department when there is no board, of the criteria for and
902	content of such courses and shall provide for a videocassette
903	course validation form to be signed by the vendor and the
904	licensee and submitted to the department, along with the license
905	renewal application, for continuing education credit.
906	(7)(9)  Any board that currently requires continuing
907	education for renewal of a license, or the department if there
908	is no board, shall adopt rules to establish the criteria for
909	continuing education courses. The rules may provide that up to a
910	maximum of 25 percent of the required continuing education hours
911	can be fulfilled by the performance of pro bono services to the
912	indigent or to underserved populations or in areas of critical
913	need within the state where the licensee practices. The board,
914	or the department if there is no board, must require that any
915	pro bono services be approved in advance in order to receive
916	credit for continuing education under this subsection. The
917	standard for determining indigency shall be that recognized by
918	the Federal Poverty Income Guidelines produced by the United
919	States Department of Health and Human Services. The rules may
920	provide for approval by the board, or the department if there is
921	no board, that a part of the continuing education hours can be
922	fulfilled by performing research in critical need areas or for
923	training leading to advanced professional certification. The
924	board, or the department if there is no board, may make rules to
925	define underserved and critical need areas. The department shall
926	adopt rules for administering continuing education requirements
927	adopted by the boards or the department if there is no board.
928	(8)(10)  Notwithstanding any law to the contrary, an
929	elected official who is licensed under a practice act
930	administered by the Division of Medical Quality Assurance may
931	hold employment for compensation with any public agency
932	concurrent with such public service. Such dual service must be
933	disclosed according to any disclosure required by applicable
934	law.
935	(9)(11)  In any instance in which a licensee or applicant
936	to the department is required to be in compliance with a
937	particular provision by, on, or before a certain date, and if
938	that date occurs on a Saturday, Sunday, or a legal holiday, then
939	the licensee or applicant is deemed to be in compliance with the
940	specific date requirement if the required action occurs on the
941	first succeeding day which is not a Saturday, Sunday, or legal
942	holiday.
943	(10)(12)  Pursuant to the federal Personal Responsibility
944	and Work Opportunity Reconciliation Act of 1996, each party is
945	required to provide his or her social security number in
946	accordance with this section. Disclosure of social security
947	numbers obtained through this requirement shall be limited to
948	the purpose of administration of the Title IV-D program for
949	child support enforcement.
950	Section 25.  Paragraph (c) of subsection (1) and subsection
951	(2) of section 456.017, Florida Statutes, are amended, and
952	subsection (7) is added to said section, to read:
953	456.017  Examinations.--
954	(1)
955	(c)1.  The board, or the department when there is no board,
956	shall approve by rule the use of one or more national
957	examinations which the department has certified as meeting
958	requirements of national examinations and generally accepted
959	testing standards pursuant to department rules. Providers of
960	examinations seeking certification by the department shall pay
961	the actual costs incurred by the department in making a
962	determination regarding the certification. The name and number
963	of a candidate may be provided to a national contractor for the
964	limited purpose of preparing the grade tape and information to
965	be returned to the board or department; or, to the extent
966	otherwise specified by rule, the candidate may apply directly to
967	the vendor of the national examination and supply test score
968	information to the department. The department may delegate to
969	the board the duty to provide and administer the examination.
970	Any national examination approved by a board, or the department
971	when there is no board, prior to October 1, 1997, is deemed
972	certified under this paragraph.
973	2.  The board, or the department when there is no board,
974	shall approve and begin administering a national examination no
975	later than December 31, 2001. Neither the board nor the
976	department may administer a state-developed written examination,
977	except for physician assistants, after December 31, 2001,
978	notwithstanding any other provision of law, provided a national
979	examination has been certified by the department. For physician
980	assistants, beginning August 1, 2004, the board or the
981	department shall administer a state-developed written
982	examination at least three times. The examination dates shall be
983	offered not less than 9 months apart and not more than 12 months
984	apart. The examination may be administered electronically if
985	adequate security measures are used, as determined by rule of
986	the department.
987	3.  The board, or the department when there is no board,
988	may administer a state-developed practical or clinical
989	examination, as required by the applicable practice act, if all
990	costs of development, purchase, validation, administration,
991	review, and defense are paid by the examination candidate prior
992	to the administration of the examination. If a national
993	practical or clinical examination is available and certified by
994	the department pursuant to this section, the board, or the
995	department when there is no board, may administer the national
996	examination.
997	4.  It is the intent of the Legislature to reduce the costs
998	associated with state examinations and to encourage the use of
999	national examinations whenever possible.
1000	(2)  For each examination developed by the department or a
1001	contracted vendor, the board, or the department when there is no
1002	board, shall adopt rules providing for reexamination of any
1003	applicants who failed an examination developed by the department
1004	or a contracted vendor. If both a written and a practical
1005	examination are given, an applicant shall be required to retake
1006	only the portion of the examination on which the applicant
1007	failed to achieve a passing grade, if the applicant successfully
1008	passes that portion within a reasonable time, as determined by
1009	rule of the board, or the department when there is no board, of
1010	passing the other portion. Except for national examinations
1011	approved and administered pursuant to this section, the
1012	department shall provide procedures for applicants who fail an
1013	examination developed by the department or a contracted vendor
1014	to review their examination questions, answers, papers, grades,
1015	and grading key for the questions the candidate answered
1016	incorrectly or, if not feasible, the parts of the examination
1017	failed. Applicants shall bear the actual cost for the department
1018	to provide examination review pursuant to this subsection. An
1019	applicant may waive in writing the confidentiality of the
1020	applicant's examination grades. Notwithstanding any other
1021	provisions, only candidates who fail an examination with a score
1022	that is by less than 10 percent below the minimum score required
1023	to pass the examination shall be entitled to challenge the
1024	validity of the examination at hearing.
1025	(7)  The department may post examination scores
1026	electronically on the Internet in lieu of mailing the scores to
1027	each applicant. Such electronic posting of the examination
1028	scores meets the requirements of chapter 120 if the department
1029	also posts with the examination scores a notification of rights
1030	as set forth in chapter 120. The date of receipt for purposes of
1031	chapter 120 shall be the date the examination scores are posted
1032	electronically. The department shall also notify the examinee
1033	when scores are posted electronically of the availability of a
1034	postexamination review, if applicable.
1035	Section 26.  Section 456.020, Florida Statutes, is created
1036	to read:
1037	456.020  Continuing education; instruction on domestic
1038	violence; instruction on HIV/AIDS; instruction on prevention of
1039	medical errors.--
1040	(1)  It is the declared purpose of this section to
1041	encourage the completion of continuing education courses in
1042	specified subject areas as a condition of license renewal, when
1043	applicable to the practice, by health care practitioners as
1044	defined in s. 456.001. The board or the department, when there
1045	is no board, may require the completion of courses, including,
1046	but not limited to, the following subject areas, as defined by
1047	board or department rule:
1048	(a)  Domestic violence as defined in s. 741.28. Such course
1049	shall include information on the number of patients in that
1050	professional's practice who are likely to be victims of domestic
1051	violence and the number who are likely to be perpetrators of
1052	domestic violence, screening procedures for determining whether
1053	a patient has any history of being either a victim or
1054	perpetrator of domestic violence, and instruction on how to
1055	provide such patients with information on, or how to refer such
1056	patients to resources in the local community that provide, legal
1057	aid, shelter, victim counseling, batterer counseling, or child
1058	protection services.
1059	(b)  HIV/AIDS. Such course shall consist of education on
1060	the modes of transmission, infection control procedures,
1061	clinical management, and prevention of HIV/AIDS. Such course
1062	shall include information on current state law on AIDS and its
1063	impact on testing, confidentiality of test results, treatment of
1064	patients, and any protocols and procedures applicable to HIV
1065	counseling and testing, reporting, the offering of testing to
1066	pregnant women, and partner notification issues pursuant to ss.
1067	381.004 and 384.25.
1068	(c)  Prevention of medical errors. Such course shall
1069	include a study of root-cause analysis, error reduction and
1070	prevention, and patient safety. If the course is being offered
1071	by a facility licensed pursuant to chapter 395 for its
1072	employees, the board may approve up to 1 hour of the 2-hour
1073	course to be specifically related to error reduction and
1074	prevention methods used in such facility.
1075	(2)  Proof of completion of continuing education courses
1076	shall be defined by board rule, or department rule if there is
1077	no board.
1078	(3)  Courses completed in the specified subject areas shall
1079	count towards the total number of continuing education hours
1080	required for license renewal for the profession.
1081	(4)  Any person holding two or more licenses subject to the
1082	provisions of this section shall only be required to complete
1083	the requirement for one license.
1084	(5)  Failure to comply with courses required by the board
1085	or the department, if there is no board, shall constitute
1086	grounds for disciplinary action under each respective practice
1087	act and under s. 456.072(1)(k).
1088	Section 27.  Subsections (4) and (9) of section 456.025,
1089	Florida Statutes, are amended to read:
1090	456.025  Fees; receipts; disposition.--
1091	(4)  Each board, or the department if there is no board,
1092	may charge a fee not to exceed $25, as determined by rule, for
1093	the issuance of a wall certificate pursuant to s. 456.013(3)(2)
1094	requested by a licensee who was licensed prior to July 1, 1998,
1095	or for the issuance of a duplicate wall certificate requested by
1096	any licensee.
1097	(9)  The department shall provide a condensed management
1098	report of revenues and expenditures budgets, finances,
1099	performance measures statistics, and necessary recommendations
1100	to each board at least once a quarter. The department shall
1101	identify and include in such presentations any changes, or
1102	projected changes, made to the board's budget since the last
1103	presentation.
1104	Section 28.  Section 456.031, Florida Statutes, is amended
1105	to read:
1106	456.031  Requirement for instruction on domestic
1107	violence.--
1108	(1)(a)  The appropriate board shall require each person
1109	licensed or certified under chapter 458, chapter 459, part I of
1110	chapter 464, chapter 466, chapter 467, chapter 490, or chapter
1111	491 to complete a 1-hour continuing education course, approved
1112	by the board, on domestic violence, as defined in s. 741.28, as
1113	part of initial licensure, biennial relicensure, or
1114	recertification. The course shall consist of a skills-based
1115	curriculum that includes practice protocols for identifying and
1116	treating a victim of domestic violence consistent with the
1117	profession and instructions on practical applications. For
1118	purposes of this section, "skills-based curriculum" means a
1119	curriculum that details methods of practical applications to
1120	improve responses to domestic violence victims through
1121	culturally competent methods of routine screening, assessment,
1122	intervention, and health records documentation. Each licensee
1123	must complete continuing education on domestic violence as
1124	prescribed by board rule. Initial applicants for licensure shall
1125	be allowed 1 year from the date of licensure to complete the
1126	required course information on the number of patients in that
1127	professional's practice who are likely to be victims of domestic
1128	violence and the number who are likely to be perpetrators of
1129	domestic violence, screening procedures for determining whether
1130	a patient has any history of being either a victim or a
1131	perpetrator of domestic violence, and instruction on how to
1132	provide such patients with information on, or how to refer such
1133	patients to, resources in the local community, such as domestic
1134	violence centers and other advocacy groups, that provide legal
1135	aid, shelter, victim counseling, batterer counseling, or child
1136	protection services.
1137	(b)  Each such licensee or certificateholder shall submit
1138	confirmation of having completed such course, on a form provided
1139	by the board, when submitting fees for each biennial renewal.
1140	(c)  The board may approve additional equivalent courses
1141	that may be used to satisfy the requirements of paragraph (a).
1142	Each licensing board that requires a licensee to complete an
1143	educational course pursuant to this subsection may include the
1144	hour required for completion of the course in the total hours of
1145	continuing education required by law for such profession unless
1146	the continuing education requirements for such profession
1147	consist of fewer than 30 hours biennially.
1148	(b)(d)  Any person holding two or more licenses subject to
1149	the provisions of this subsection shall be permitted to show
1150	proof of having taken one board-approved course on domestic
1151	violence, for purposes of initial licensure, relicensure, or
1152	recertification for additional licenses.
1153	(e)  Failure to comply with the requirements of this
1154	subsection shall constitute grounds for disciplinary action
1155	under each respective practice act and under s. 456.072(1)(k).
1156	In addition to discipline by the board, the licensee shall be
1157	required to complete such course.
1158	(2)  The board shall also require, as a condition of
1159	granting a license under any chapter specified in paragraph
1160	(1)(a), that each applicant for initial licensure under the
1161	appropriate chapter complete an educational course acceptable to
1162	the board on domestic violence which is substantially equivalent
1163	to the course required in subsection (1). An applicant who has
1164	not taken such course at the time of licensure shall, upon
1165	submission of an affidavit showing good cause, be allowed 6
1166	months to complete such requirement.
1167	(3)(a)  In lieu of completing a course as required in
1168	subsection (1), a licensee or certificateholder may complete a
1169	course in end-of-life care and palliative health care, if the
1170	licensee or certificateholder has completed an approved domestic
1171	violence course in the immediately preceding biennium.
1172	(b)  In lieu of completing a course as required by
1173	subsection (1), a person licensed under chapter 466 who has
1174	completed an approved domestic-violence education course in the
1175	immediately preceding 2 years may complete a course approved by
1176	the Board of Dentistry.
1177	(2)(4)  Each board may adopt rules to carry out the
1178	provisions of this section.
1179	(5)  Each board shall report to the President of the
1180	Senate, the Speaker of the House of Representatives, and the
1181	chairs of the appropriate substantive committees of the
1182	Legislature by March 1 of each year as to the implementation of
1183	and compliance with the requirements of this section.
1184	Section 29.  Subsection (14) is added to section 456.036,
1185	Florida Statutes, to read:
1186	456.036  Licenses; active and inactive status;
1187	delinquency.--
1188	(14)  The board or the department, if there is no board,
1189	may require the display of a license.
1190	Section 30.  Subsection (6) is added to section 456.037,
1191	Florida Statutes, to read:
1192	456.037  Business establishments; requirements for active
1193	status licenses; delinquency; discipline; applicability.--
1194	(6)  The board or the department, if there is no board, may
1195	require the display of a license.
1196	Section 31.  Paragraph (a) of subsection (4) of section
1197	456.039, Florida Statutes, is amended to read:
1198	456.039  Designated health care professionals; information
1199	required for licensure.--
1200	(4)(a)  An applicant for initial licensure must submit a
1201	set of fingerprints to the Department of Health in accordance
1202	with s. 458.311, s. 458.3115, s. 458.3124, s. 458.313, s.
1203	459.0055, s. 460.406, or s. 461.006.
1204	Section 32.  Present subsections (16) through (19) of
1205	section 456.057, Florida Statutes, are renumbered as subsections
1206	(17) through (20), respectively, and a new subsection (16) is
1207	added to said section to read:
1208	456.057  Ownership and control of patient records; report
1209	or copies of records to be furnished.--
1210	(16)  A health care practitioner or records owner
1211	furnishing copies of reports or records or making the reports or
1212	records available for digital scanning pursuant to this section
1213	may charge the department the reasonable costs of reproducing
1214	the records.
1215	(a)  Reasonable costs of reproducing copies of written or
1216	typed documents or reports may not be more than:
1217	1.  For the first 25 pages, $1 per page.
1218	2.  For each page in excess of 25 pages, 25 cents.
1219	(b)  Reasonable costs of reproducing X rays and other
1220	special kinds of records are the actual costs. The term "actual
1221	costs" means the cost of the material and supplies used to
1222	duplicate the record, as well as the labor costs associated with
1223	the duplication.
1224	Section 33.  Subsection (3) of section 456.063, Florida
1225	Statutes, is amended to read:
1226	456.063  Sexual misconduct; disqualification for license,
1227	certificate, or registration.--
1228	(3)  Licensed health care practitioners shall report
1229	allegations of sexual misconduct to the department, regardless
1230	of the practice setting in which the alleged sexual misconduct
1231	occurred. Each board or the department, if there is board, may
1232	adopt rules to implement the requirements for reporting
1233	allegations of sexual misconduct, including rules to determine
1234	the sufficiency of the allegations.
1235	Section 34.  Paragraphs (aa) and (bb) of subsection (1) of
1236	section 456.072, Florida Statutes, are amended, paragraphs (ff)
1237	and (gg) are added to said subsection, and subsection (7) is
1238	added to said section, to read:
1239	456.072  Grounds for discipline; penalties; enforcement.--
1240	(1)  The following acts shall constitute grounds for which
1241	the disciplinary actions specified in subsection (2) may be
1242	taken:
1243	(aa)  Performing or attempting to perform health care
1244	services on the wrong patient, a wrong-site procedure, a wrong
1245	procedure, or an unauthorized procedure or a procedure that is
1246	medically unnecessary or otherwise unrelated to the patient's
1247	diagnosis or medical condition. For the purposes of this
1248	paragraph, performing or attempting to perform health care
1249	services includes invasive actions taken in furtherance of the
1250	preparation of the patient, but does not include those
1251	preparations that are noninvasive.
1252	(bb)  Leaving a foreign body in a patient, such as a
1253	sponge, clamp, forceps, surgical needle, or other paraphernalia
1254	commonly used in surgical, examination, or other diagnostic
1255	procedures. For the purposes of this paragraph, it shall be
1256	legally presumed that retention of a foreign body is not in the
1257	best interest of the patient and is not within the standard of
1258	care of the profession, unless medically indicated and
1259	documented in the patient record regardless of the intent of the
1260	professional.
1261	(ff)  Prescribing, administering, dispensing, or
1262	distributing a legend drug, including a controlled substance,
1263	when the practitioner knows or reasonably should know that the
1264	receiving patient has not established a valid professional
1265	relationship with the prescribing practitioner. A medical
1266	questionnaire completed on the Internet or by telephone,
1267	electronic transfer, or mail does not establish a valid
1268	professional relationship.
1269	(gg)  Being terminated from an impaired practitioner
1270	program that is overseen by an impaired practitioner consultant
1271	as described in s. 456.076 for failure to comply with the terms
1272	of the monitoring or treatment contract entered into by the
1273	licensee without good cause.
1274	(7)  In addition to any other discipline imposed by final
1275	order entered on or after July 1, 2004, for violation of any
1276	practice act pursuant to this section, the board or the
1277	department, if there is no board, shall assess a nonrefundable
1278	fee to defray the costs of monitoring the licensee's compliance
1279	with the order in the amount of $25 per month for each month or
1280	portion of a month set forth in the final order to complete the
1281	length of term of the probation, suspension, or practice
1282	restrictions imposed by the final order. Such assessment shall
1283	be included in the terms of the final order. The board or the
1284	department, if there is no board, may elect to assess the same
1285	fee to offset other costs of monitoring compliance with the
1286	terms imposed by a final order which does not include probation,
1287	suspension, or practice restrictions.
1288	Section 35.  Subsection (1) of section 456.073, Florida
1289	Statutes, is amended to read:
1290	456.073  Disciplinary proceedings.--Disciplinary
1291	proceedings for each board shall be within the jurisdiction of
1292	the department.
1293	(1)  The department, for the boards under its jurisdiction,
1294	shall cause to be investigated any complaint that is filed
1295	before it if the complaint is in writing, signed by the
1296	complainant, and legally sufficient. A complaint filed by a
1297	state prisoner against a health care practitioner employed by or
1298	otherwise providing health care services within a facility of
1299	the Department of Corrections is not legally sufficient unless
1300	there is a showing that the prisoner complainant has exhausted
1301	all available administrative remedies within the state
1302	correctional system before filing the complaint. However, if the
1303	Department of Health determines after a preliminary inquiry of a
1304	state prisoner's complaint that the practitioner may present a
1305	serious threat to the health and safety of any individual who is
1306	not a state prisoner, the Department of Health may determine
1307	legal sufficiency and proceed with discipline. The Department of
1308	Health shall be notified within 15 days after the Department of
1309	Corrections disciplines or allows a health care practitioner to
1310	resign for an offense related to the practice of his or her
1311	profession. A complaint is legally sufficient if it contains
1312	ultimate facts that show that a violation of this chapter, of
1313	any of the practice acts relating to the professions regulated
1314	by the department, or of any rule adopted by the department or a
1315	regulatory board in the department has occurred. In order to
1316	determine legal sufficiency, the department may require
1317	supporting information or documentation. The department may
1318	investigate, and the department or the appropriate board may
1319	take appropriate final action on, a complaint even though the
1320	original complainant withdraws it or otherwise indicates a
1321	desire not to cause the complaint to be investigated or
1322	prosecuted to completion. The department may investigate an
1323	anonymous complaint if the complaint is in writing and is
1324	legally sufficient, if the alleged violation of law or rules is
1325	substantial, and if the department has reason to believe, after
1326	preliminary inquiry, that the violations alleged in the
1327	complaint are true. The department may investigate a complaint
1328	made by a confidential informant if the complaint is legally
1329	sufficient, if the alleged violation of law or rule is
1330	substantial, and if the department has reason to believe, after
1331	preliminary inquiry, that the allegations of the complainant are
1332	true. The department may initiate an investigation if it has
1333	reasonable cause to believe that a licensee or a group of
1334	licensees has violated a Florida statute, a rule of the
1335	department, or a rule of a board. Notwithstanding subsection
1336	(13), the department may investigate information filed pursuant
1337	to s. 456.041(4) relating to liability actions with respect to
1338	practitioners licensed under chapter 458 or chapter 459 which
1339	have been reported under s. 456.049 or s. 627.912 within the
1340	previous 6 years for any paid claim that exceeds $50,000. Except
1341	as provided in ss. 458.331(9), 459.015(9), 460.413(5), and
1342	461.013(6), When an investigation of any subject is undertaken,
1343	the department shall promptly furnish to the subject or the
1344	subject's attorney a copy of the complaint or document that
1345	resulted in the initiation of the investigation. The subject may
1346	submit a written response to the information contained in such
1347	complaint or document within 30 20 days after service to the
1348	subject of the complaint or document. The subject's written
1349	response shall be considered by the probable cause panel. The
1350	right to respond does not prohibit the issuance of a summary
1351	emergency order if necessary to protect the public. However, if
1352	the secretary, or the secretary's designee, and the chair of the
1353	respective board or the chair of its probable cause panel agree
1354	in writing that such notification would be detrimental to the
1355	investigation, the department may withhold notification. The
1356	department may conduct an investigation without notification to
1357	any subject if the act under investigation is a criminal
1358	offense.
1359	Section 36.  Section 456.42, Florida Statutes, is amended
1360	to read:
1361	456.42  Written prescriptions for medicinal drugs.--A
1362	written prescription for a medicinal drug issued by a health
1363	care practitioner licensed by law to prescribe such drug must be
1364	legibly printed or typed so as to be capable of being understood
1365	by the pharmacist filling the prescription; must contain the
1366	name of the prescribing practitioner, the name and strength of
1367	the drug prescribed, the quantity of the drug prescribed in both
1368	textual and numerical formats, and the directions for use of the
1369	drug; must be dated with the month written out or abbreviated in
1370	textual letters; and must be signed by the prescribing
1371	practitioner on the day when issued.
1372	Section 37.  Paragraphs (b) and (c) of subsection (2) of
1373	section 457.105, Florida Statutes, are amended, and subsection
1374	(3) is added to said section, to read:
1375	457.105  Licensure qualifications and fees.--
1376	(2)  A person may become licensed to practice acupuncture
1377	if the person applies to the department and:
1378	(b)  Has completed 60 college credits from an accredited
1379	postsecondary institution as a prerequisite to enrollment and
1380	completion of an authorized in an authorized 3-year course of
1381	study in acupuncture and oriental medicine, and has completed a
1382	3-year course of study in acupuncture and oriental medicine, and
1383	effective July 31, 2001, a 4-year course of study in acupuncture
1384	and oriental medicine, which meets standards established by the
1385	board by rule, which standards include, but are not limited to,
1386	successful completion of academic courses in western anatomy,
1387	western physiology, western pathology, western biomedical
1388	terminology, first aid, and cardiopulmonary resuscitation (CPR).
1389	However, any person who enrolled in an authorized course of
1390	study in acupuncture before August 1, 1997, must have completed
1391	only a 2-year course of study which meets standards established
1392	by the board by rule, which standards must include, but are not
1393	limited to, successful completion of academic courses in western
1394	anatomy, western physiology, and western pathology.
1395	Additionally, any person who enrolled in an authorized 3-year
1396	course of study in acupuncture and oriental medicine prior to
1397	July 31, 2001, must have completed 60 college credits from an
1398	accredited postsecondary institution as a prerequisite to
1399	enrollment in an authorized 3-year course of study in
1400	acupuncture and oriental medicine, and completed a 3-year course
1401	of study in acupuncture and oriental medicine which meets
1402	standards established by the board by rule;
1403	(c)  Has successfully completed a board-approved national
1404	certification process, is actively licensed in a state that has
1405	examination requirements that are substantially equivalent to or
1406	more stringent than those of this state, or passes the national
1407	an examination approved administered by the board department,
1408	which examination tests the applicant's competency and knowledge
1409	of the practice of acupuncture and oriental medicine. At the
1410	request of any applicant, oriental nomenclature for the points
1411	shall be used in the examination. The examination shall include
1412	a practical examination of the knowledge and skills required to
1413	practice modern and traditional acupuncture and oriental
1414	medicine, covering diagnostic and treatment techniques and
1415	procedures; and
1416	(3)  Notwithstanding the provisions of s. 120.60(1), upon
1417	receipt of an application for a license, the board shall examine
1418	the application and, within 30 days after such receipt, notify
1419	the applicant of any apparent errors or omissions and request
1420	any additional information the board is permitted by law to
1421	require. Within 30 days after receipt of such additional
1422	information, the board shall review the information and may
1423	request additional information needed to clarify such additional
1424	information or to answer new questions raised by or directly
1425	related to such additional information. When appropriate, the
1426	board may require the results of an evaluation through the
1427	Professionals Resource Network as additional information,
1428	clarifying information, or as the answer to new questions raised
1429	by or directly related to information submitted by an applicant.
1430	The department shall not deny a license for failure to correct
1431	an error or omission or to supply additional information,
1432	provide clarifying information, or answer new questions raised
1433	by or directly related to additional information unless the
1434	department timely notifies the applicant within the appropriate
1435	30-day period. An application shall be considered complete upon
1436	receipt of all requested information and correction of any error
1437	or omission for which the applicant is timely notified or when
1438	the time for such notification has expired. Each application for
1439	a license shall be approved or denied within 90 days after
1440	receipt of a completed application unless a shorter period of
1441	time for department action is provided by law. The 90-day time
1442	period shall be tolled by the initiation of a proceeding under
1443	ss. 120.569 and 120.57. An application for a license must be
1444	approved or denied within the 90-day or shorter time period,
1445	within 15 days after the conclusion of a public hearing held on
1446	the application, or within 45 days after a recommended order is
1447	submitted to the department and the parties, whichever is later.
1448	The board must approve any application for a license or an
1449	examination required for licensure if the board has not approved
1450	or denied the application within the time periods prescribed by
1451	this subsection.
1452	Section 38.  Section 457.107, Florida Statutes, is amended
1453	to read:
1454	457.107  Renewal of licenses; continuing education.--
1455	(1)  The department shall renew a license upon receipt of
1456	the renewal application and the required fee set by the board by
1457	rule, not to exceed $500.
1458	(2)  The department shall adopt rules establishing a
1459	procedure for the biennial renewal of licenses.
1460	(3)  The board shall by rule prescribe continuing education
1461	requirements, not to exceed 30 hours biennially, as a condition
1462	for renewal of a license. All education programs that contribute
1463	to the advancement, extension, or enhancement of professional
1464	skills and knowledge related to the practice of acupuncture,
1465	whether conducted by a nonprofit or profitmaking entity, are
1466	eligible for approval. The continuing professional education
1467	requirements must be in acupuncture or oriental medicine
1468	subjects, including, but not limited to, anatomy, biological
1469	sciences, adjunctive therapies, sanitation and sterilization,
1470	emergency protocols, and diseases. The board may adopt rules
1471	establishing standards for the approval of providers of
1472	continuing education activities. The board shall have the
1473	authority to set a fee, not to exceed $100, for each continuing
1474	education provider. The licensee shall retain in his or her
1475	records the certificates of completion of continuing
1476	professional education requirements to prove compliance with
1477	this subsection. The board may request the such documentation
1478	without cause from applicants who are selected at random. All
1479	national and state acupuncture and oriental medicine
1480	organizations and acupuncture and oriental medicine schools are
1481	approved to provide continuing professional education in
1482	accordance with this subsection.
1483	Section 39.  Paragraph (c) of subsection (1) of section
1484	457.109, Florida Statutes, is amended to read:
1485	457.109  Disciplinary actions; grounds; action by the
1486	board.--
1487	(1)  The following acts constitute grounds for denial of a
1488	license or disciplinary action, as specified in s. 456.072(2):
1489	(c)  Being convicted or found guilty of, or entering a plea
1490	of nolo contendere to, regardless of adjudication, in a court of
1491	this state or other any jurisdiction, of a crime which directly
1492	relates to the practice of acupuncture or to the ability to
1493	practice acupuncture. Any plea of nolo contendere shall be
1494	considered a conviction for purposes of this chapter.
1495	Section 40.  Section 458.303, Florida Statutes, is amended
1496	to read:
1497	458.303  Provisions not applicable to other practitioners;
1498	exceptions, etc.--
1499	(1)  The provisions of ss. 458.301, 458.303, 458.305,
1500	458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
1501	458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
1502	458.343, 458.345, and 458.347 shall have no application to:
1503	(a)  Other duly licensed health care practitioners acting
1504	within their scope of practice authorized by statute.
1505	(b)  Any physician lawfully licensed in another state or
1506	territory or foreign country, when meeting duly licensed
1507	physicians of this state in consultation.
1508	(c)  Commissioned medical officers of the Armed Forces of
1509	the United States and of the Public Health Service of the United
1510	States while on active duty and while acting within the scope of
1511	their military or public health responsibilities.
1512	(d)  Any person while actually serving without salary or
1513	professional fees on the resident medical staff of a hospital in
1514	this state, subject to the provisions of s. 458.321.
1515	(e)  Any person furnishing medical assistance in case of an
1516	emergency.
1517	(f)  The domestic administration of recognized family
1518	remedies.
1519	(g)  The practice of the religious tenets of any church in
1520	this state.
1521	(h)  Any person or manufacturer who, without the use of
1522	drugs or medicine, mechanically fits or sells lenses, artificial
1523	eyes or limbs, or other apparatus or appliances or is engaged in
1524	the mechanical examination of eyes for the purpose of
1525	constructing or adjusting spectacles, eyeglasses, or lenses.
1526	(2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.
1527	458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
1528	458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
1529	458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
1530	be construed to prohibit any service rendered by a registered
1531	nurse or a licensed practical nurse, if such service is rendered
1532	under the direct supervision and control of a licensed physician
1533	who provides specific direction for any service to be performed
1534	and gives final approval to all services performed. Further,
1535	nothing in this or any other chapter shall be construed to
1536	prohibit any service rendered by a medical assistant in
1537	accordance with the provisions of s. 458.3485.
1538	Section 41.  Section 458.311, Florida Statutes, is amended
1539	to read:
1540	(Substantial rewording of section. See
1541	s. 458.311, F.S., for present text.)
1542	458.311  Licensure; requirements; fees.--
1543	(1)  Any person desiring to be licensed as a physician
1544	shall apply to the department on forms furnished by the
1545	department. The department shall license each applicant who the
1546	board certifies has met the provisions of this section.
1547	(2)  Each applicant must demonstrate that he or she:
1548	(a)  Has completed the application form and remitted a
1549	nonrefundable application fee not to exceed $500.
1550	(b)  Is at least 21 years of age.
1551	(c)  Is of good moral character.
1552	(d)  Has not committed any act or offense in this or any
1553	other jurisdiction which would constitute grounds for discipline
1554	pursuant to s. 458.331.
1555	(e)  Has submitted to the department a set of fingerprints
1556	on a form and under procedures specified by the department,
1557	along with a payment in an amount equal to the costs incurred by
1558	the department for the criminal history check of the applicant.
1559	(f)  Has submitted to the department core credentials
1560	verified by the Federation Credentials Verification Service of
1561	the Federation of State Medical Boards.
1562	(g)  For an applicant holding a valid active license in
1563	another state, has submitted evidence of the active licensed
1564	practice of medicine in another jurisdiction for at least 2 of
1565	the immediately preceding 4 years or evidence of successful
1566	completion of either a board-approved postgraduate training
1567	program within 2 years preceding filing of an application or a
1568	board-approved clinical competency examination within the year
1569	preceding the filing of an application for licensure. For
1570	purposes of this paragraph, "active licensed practice of
1571	medicine" means that practice of medicine by physicians,
1572	including those employed by any governmental entity in community
1573	health or public health, as defined by this chapter, those
1574	designated as medical directors under s. 641.495(11) who are
1575	practicing medicine, and those on the active teaching faculty of
1576	an accredited medical school. If the applicant fails to meet the
1577	requirements of this paragraph, the board may impose conditions
1578	on the license, including, but not limited to, supervision of
1579	practice.
1580	(3)  Each applicant must demonstrate that he or she:
1581	(a)  Is a graduate of an allopathic medical school or
1582	allopathic college recognized and approved by an accrediting
1583	agency recognized by the United States Department of Education
1584	or is a graduate of an allopathic medical school or allopathic
1585	college within a territorial jurisdiction of the United States
1586	recognized by the accrediting agency of the governmental body of
1587	that jurisdiction; or
1588	(b)  Is a graduate of an allopathic international medical
1589	school registered with the World Health Organization and has had
1590	his or her medical credentials evaluated by the Educational
1591	Commission for Foreign Medical Graduates, holds an active, valid
1592	certificate issued by that commission, and has passed the
1593	examination utilized by that commission. However, a graduate of
1594	an international medical school need not present the certificate
1595	issued by the Educational Commission for Foreign Medical
1596	Graduates or pass the examination utilized by that commission if
1597	the graduate has:
1598	1.  Received a bachelor's degree from an accredited United
1599	States college or university.
1600	2.  Studied at a medical school which is recognized by the
1601	World Health Organization.
1602	3.  Completed all of the formal requirements of the
1603	international medical school, except the internship or social
1604	service requirements, and passed part I of the National Board of
1605	Medical Examiners examination or the Educational Commission for
1606	Foreign Medical Graduates examination equivalent.
1607	4.  Completed an academic year of supervised clinical
1608	training in a hospital affiliated with a medical school approved
1609	by the Council on Medical Education of the American Medical
1610	Association and, upon completion, passed part II of the National
1611	Board of Medical Examiners examination or the Educational
1612	Commission for Foreign Medical Graduates examination equivalent.
1613	(4)  Each applicant must demonstrate that he or she has
1614	completed an Accreditation Council for Graduate Medical
1615	Education (ACGME) approved residency, as defined by board rule,
1616	of at least 2 years, or a fellowship of at least 2 years in one
1617	specialty area which is counted toward regular or subspecialty
1618	certification by a board recognized and certified by the
1619	American Board of Medical Specialties. However, applicants who
1620	meet the requirements of paragraph (3)(a) who completed their
1621	training prior to October 1, 2003, must demonstrate completion
1622	of at least 1 year of an approved residency.
1623	(5)(a)  Each applicant must demonstrate that he or she has
1624	complied with one of the following examination requirements:
1625	1.  Prior to January 1, 2000, has obtained a passing score,
1626	as established by board rule, on the licensure examination of
1627	the National Board of Medical Examiners (NBME), the licensure
1628	examination of the Federation of State Medical Boards of the
1629	United States, Inc. (FLEX), the United States Medical Licensing
1630	Examination (USMLE), or a combination thereof;
1631	2.  On or after January 1, 2000, has obtained a passing
1632	score on all three steps of the United States Medical Licensing
1633	Examination (USMLE); or
1634	3.  Has obtained a passing score on a state board
1635	examination or the Canadian licensing examination (LLMCC) if the
1636	applicant has a current active license in at least one other
1637	jurisdiction of the United States or Canada and has practiced
1638	pursuant to such licensure continuously for the immediately
1639	preceding 10 years without encumbrance on the license.
1640	(b)  As prescribed by board rule, the board may require an
1641	applicant who does not pass any step of the national licensing
1642	examination after five attempts to complete additional remedial
1643	education or training.
1644	(c)  As prescribed by board rule, the board may require an
1645	applicant who does not pass all the steps of the United States
1646	Medical Licensing Examination (USMLE) within 7 years to complete
1647	additional remedial education or training or to retake the step
1648	of the examination which the applicant first passed.
1649	(6)  The department and the board shall ensure through an
1650	investigative process that applicants for licensure meet the
1651	criteria of this section.
1652	(7)  The board may not certify to the department for
1653	licensure any applicant who is under investigation in another
1654	jurisdiction for an offense which would constitute a violation
1655	of this chapter until such investigation is completed. Upon
1656	completion of the investigation, the provisions of s. 458.331
1657	shall apply. Furthermore, the department may not issue an
1658	unrestricted license to any individual who has committed any act
1659	or offense in any jurisdiction which would constitute the basis
1660	for disciplining a physician pursuant to s. 458.331. When the
1661	board finds that an individual has committed an act or offense
1662	in any jurisdiction which would constitute the basis for
1663	disciplining a physician pursuant to s. 458.331, the board may
1664	enter an order imposing one or more of the terms set forth in s.
1665	456.072(2).
1666	(8)  The board may adopt rules pursuant to ss. 120.536(1)
1667	and 120.54 necessary to carry out the provisions of this
1668	section, which shall be applied on a uniform and consistent
1669	basis.
1670	(9)  When the board determines that any applicant for
1671	licensure has failed to meet, to the board's satisfaction, each
1672	of the appropriate requirements set forth in this section, it
1673	may enter an order requiring one or more of the following terms:
1674	(a)  Refusal to certify to the department an application
1675	for licensure, certification, or registration;
1676	(b)  Certification to the department of an application for
1677	licensure, certification, or registration with restrictions on
1678	the scope of practice of the licensee; or
1679	(c)  Certification to the department of an application for
1680	licensure, certification, or registration with placement of the
1681	physician on probation for a period of time and subject to such
1682	conditions as the board may specify, including, but not limited
1683	to, requiring the physician to submit to treatment, attend
1684	continuing education courses, submit to reexamination, or work
1685	under the supervision of another physician.
1686	Section 42.  Subsection (5) of section 458.3124, Florida
1687	Statutes, is amended to read:
1688	458.3124  Restricted license; certain experienced foreign-
1689	trained physicians.--
1690	(5)  Notwithstanding s. 458.311(3) and (4)(1)(f), a person
1691	who successfully meets the requirements of this section and who
1692	successfully passes Step III of the United States Medical
1693	Licensing Examination is eligible for full licensure as a
1694	physician.
1695	Section 43.  Section 458.315, Florida Statutes, is amended
1696	to read:
1697	(Substantial rewording of section. See
1698	s. 458.315, F.S., for present text.)
1699	458.315  Limited licenses.--
1700	(1)  Any person desiring to obtain a limited license shall
1701	apply to the department on forms furnished by the department.
1702	The department shall license each applicant who the board
1703	certifies:
1704	(a)  Has submitted to the department, with an application
1705	and fee not to exceed $300, a statement that he or she has been
1706	licensed to practice medicine in any jurisdiction or territory
1707	of the United States or Canada for at least 2 years and intends
1708	to practice only pursuant to the restrictions of a limited
1709	license granted pursuant to this section. However, if the
1710	physician will only use the limited license for noncompensated
1711	practice and submits a statement from the employing agency or
1712	institution stating that he or she will not receive compensation
1713	for any service involving the practice of medicine, the
1714	application fee and all licensure fees shall be waived.
1715	(b)  Has submitted evidence of the active licensed practice
1716	of medicine in any jurisdiction or territory of the United
1717	States or Canada for at least 2 of the immediately preceding 4
1718	years. For purposes of this paragraph, "active licensed practice
1719	of medicine" means that practice of medicine by physicians,
1720	including those employed by any governmental entity in community
1721	health or public health, as defined by this chapter, those
1722	designated as medical directors under s. 641.495(11) who are
1723	practicing medicine, and those on the active teaching faculty of
1724	an accredited medical school. If it has been more than 3 years
1725	since active practice was conducted by the applicant, a licensed
1726	physician approved by the board shall supervise the applicant
1727	for a period of 6 months after he or she is granted a limited
1728	license for practice, unless the board determines that a shorter
1729	period of supervision will be sufficient to ensure that the
1730	applicant is qualified for licensure. Procedures for such
1731	supervision shall be established by the board.
1732	(c)  Has submitted to the department a set of fingerprints
1733	on a form and under procedures by the department for the
1734	criminal history check of the applicant.
1735	(d)  Has not committed any act or offense in this or any
1736	other jurisdiction which would constitute the basis for
1737	disciplining a physician pursuant to s. 458.331.
1738	(2)  After approval of an application under this section, a
1739	limited license may not be issued until the applicant provides
1740	to the board an affidavit that there have been no substantial
1741	changes in his or her status since initial application.
1742	(3)  The recipient of a limited license used for
1743	noncompensated practice shall only practice in the employ of
1744	programs or facilities that provide uncompensated health care
1745	services by volunteer licensed health care professionals to low-
1746	income persons whose family income does not exceed 120 percent
1747	of the federal poverty level or to uninsured persons. These
1748	facilities shall include, but not be limited to, the department,
1749	community and migrant health centers funded under 42 U.S.C.
1750	300ff-52, and volunteer health care provider programs contracted
1751	with the department to provide uncompensated care under the
1752	provisions of s. 766.1115.
1753	(4)  The recipient of a limited license used for
1754	compensated practice shall only practice in the employ of
1755	certain programs and facilities that provide health care
1756	services and are located within federally designated primary
1757	care health professional shortage areas, unless otherwise
1758	approved by the Secretary of Health. These programs and
1759	facilities shall include, but not be limited to, the department,
1760	the Department of Corrections, county or municipal correctional
1761	facilities, the Department of Juvenile Justice, the Department
1762	of Children and Family Services, and those programs and
1763	facilities funded under 42 U.S.C. 300ff-52.
1764	(5)  The recipient of a limited license shall, within 30
1765	days after accepting employment, notify the board of all
1766	approved institutions in which the licensee practices and all
1767	approved institutions in which the licensee's practice
1768	privileges have been denied. Evidence of noncompensated
1769	employment shall be required for the fee waiver under paragraph
1770	(1)(a).
1771	(6)  Upon renewal of a limited license, a limited
1772	licenseholder shall, in addition to complying with other
1773	applicable provisions of this chapter, document compliance with
1774	the restrictions prescribed in this section.
1775	(7)  Any person holding an active or inactive license to
1776	practice medicine in the state may convert that license to a
1777	limited license for the purpose of providing volunteer,
1778	uncompensated care for low-income Floridians. The licensee must
1779	submit a statement from the employing agency or institution
1780	stating that he or she will not receive compensation for any
1781	service involving the practice of medicine. All licensure fees,
1782	including neurological injury compensation assessments, shall be
1783	waived.
1784	(8)  Nothing in this section limits in any way any policy
1785	by the board otherwise authorized by law to grant licenses to
1786	physicians duly licensed in other states under conditions less
1787	restrictive than the requirements of this section.
1788
1789	Notwithstanding any other provision of this section, the board
1790	may refuse to authorize a physician otherwise qualified to
1791	practice in the employ of any agency or institution otherwise
1792	qualified if the agency or institution has caused or permitted
1793	violations of the provisions of this chapter which it knew or
1794	should have known were occurring.
1795	Section 44.  Subsection (4) of section 458.319, Florida
1796	Statutes, is amended to read:
1797	458.319  Renewal of license.--
1798	(4)  Notwithstanding the provisions of s. 456.033, A
1799	physician may complete continuing education on end-of-life care
1800	and palliative care in lieu of continuing education in AIDS/HIV,
1801	if that physician has completed the AIDS/HIV continuing
1802	education in the immediately preceding biennium.
1803	Section 45.  Paragraph (c) of subsection (5) of section
1804	458.320, Florida Statutes, is amended to read:
1805	458.320  Financial responsibility.--
1806	(5)  The requirements of subsections (1), (2), and (3) do
1807	not apply to:
1808	(c)  Any person holding a limited license pursuant to s.
1809	458.315 458.317 and practicing under the scope of such limited
1810	license.
1811	Section 46.  Subsection (9) of section 458.331, Florida
1812	Statutes, is amended to read:
1813	458.331  Grounds for disciplinary action; action by the
1814	board and department.--
1815	(9)  When an investigation of a physician is undertaken,
1816	the department shall promptly furnish to the physician or the
1817	physician's attorney a copy of the complaint or document which
1818	resulted in the initiation of the investigation. For purposes of
1819	this subsection, such documents include, but are not limited to:
1820	the pertinent portions of an annual report submitted to the
1821	department pursuant to s. 395.0197(6); a report of an adverse
1822	incident which is provided to the department pursuant to s.
1823	395.0197; a report of peer review disciplinary action submitted
1824	to the department pursuant to s. 395.0193(4) or s. 458.337,
1825	providing that the investigations, proceedings, and records
1826	relating to such peer review disciplinary action shall continue
1827	to retain their privileged status even as to the licensee who is
1828	the subject of the investigation, as provided by ss. 395.0193(8)
1829	and 458.337(3); a report of a closed claim submitted pursuant to
1830	s. 627.912; a presuit notice submitted pursuant to s.
1831	766.106(2); and a petition brought under the Florida Birth-
1832	Related Neurological Injury Compensation Plan, pursuant to s.
1833	766.305(2). The physician may submit a written response to the
1834	information contained in the complaint or document which
1835	resulted in the initiation of the investigation within 30 45
1836	days after service to the physician of the complaint or
1837	document. The physician's written response shall be considered
1838	by the probable cause panel.
1839	Section 47.  Paragraph (c) of subsection (1) of section
1840	458.345, Florida Statutes, is amended to read:
1841	458.345  Registration of resident physicians, interns, and
1842	fellows; list of hospital employees; prescribing of medicinal
1843	drugs; penalty.--
1844	(1)  Any person desiring to practice as a resident
1845	physician, assistant resident physician, house physician,
1846	intern, or fellow in fellowship training which leads to
1847	subspecialty board certification in this state, or any person
1848	desiring to practice as a resident physician, assistant resident
1849	physician, house physician, intern, or fellow in fellowship
1850	training in a teaching hospital in this state as defined in s.
1851	408.07(44) or s. 395.805(2), who does not hold a valid, active
1852	license issued under this chapter shall apply to the department
1853	to be registered and shall remit a fee not to exceed $300 as set
1854	by the board. The department shall register any applicant the
1855	board certifies has met the following requirements:
1856	(c)  Is a graduate of a medical school or college as
1857	specified in s. 458.311(3)(1)(f).
1858	Section 48.  Paragraphs (b), (c), (d), (e), (f), and (g) of
1859	subsection (7) of section 458.347, Florida Statutes, are amended
1860	to read:
1861	458.347  Physician assistants.--
1862	(7)  PHYSICIAN ASSISTANT LICENSURE.--
1863	(b)1.  Notwithstanding subparagraph (a)2. and sub-
1864	subparagraph (a)3.a., the department shall examine each
1865	applicant who the Board of Medicine certifies:
1866	a.  Has completed the application form and remitted a
1867	nonrefundable application fee not to exceed $500 and an
1868	examination fee not to exceed $300, plus the actual cost to the
1869	department to provide the examination. The examination fee is
1870	refundable if the applicant is found to be ineligible to take
1871	the examination. The department shall not require the applicant
1872	to pass a separate practical component of the examination. For
1873	examinations given after July 1, 1998, competencies measured
1874	through practical examinations shall be incorporated into the
1875	written examination through a multiple-choice format. The
1876	department shall translate the examination into the native
1877	language of any applicant who requests and agrees to pay all
1878	costs of such translation, provided that the translation request
1879	is filed with the board office no later than 9 months before the
1880	scheduled examination and the applicant remits translation fees
1881	as specified by the department no later than 6 months before the
1882	scheduled examination, and provided that the applicant
1883	demonstrates to the department the ability to communicate orally
1884	in basic English. If the applicant is unable to pay translation
1885	costs, the applicant may take the next available examination in
1886	English if the applicant submits a request in writing by the
1887	application deadline and if the applicant is otherwise eligible
1888	under this section. To demonstrate the ability to communicate
1889	orally in basic English, a passing score or grade is required,
1890	as determined by the department or organization that developed
1891	it, on the test for spoken English (TSE) by the Educational
1892	Testing Service (ETS), the test of English as a foreign language
1893	(TOEFL) by ETS, a high school or college level English course,
1894	or the English examination for citizenship, Immigration and
1895	Naturalization Service. A notarized copy of an Educational
1896	Commission for Foreign Medical Graduates (ECFMG) certificate may
1897	also be used to demonstrate the ability to communicate in basic
1898	English; and
1899	b.(I)  Is an unlicensed physician who graduated from a
1900	foreign medical school listed with the World Health Organization
1901	who has not previously taken and failed the examination of the
1902	National Commission on Certification of Physician Assistants and
1903	who has been certified by the Board of Medicine as having met
1904	the requirements for licensure as a medical doctor by
1905	examination as set forth in s. 458.311(1), (3), (4), and (5),
1906	with the exception that the applicant is not required to have
1907	completed an approved residency of at least 1 year and the
1908	applicant is not required to have passed the licensing
1909	examination specified under s. 458.311 or hold a valid, active
1910	certificate issued by the Educational Commission for Foreign
1911	Medical Graduates; was eligible and made initial application for
1912	certification as a physician assistant in this state between
1913	July 1, 1990, and June 30, 1991; and was a resident of this
1914	state on July 1, 1990, or was licensed or certified in any state
1915	in the United States as a physician assistant on July 1, 1990;
1916	or
1917	(II)  Completed all coursework requirements of the Master
1918	of Medical Science Physician Assistant Program offered through
1919	the Florida College of Physician's Assistants prior to its
1920	closure in August of 1996. Prior to taking the examination, such
1921	applicant must successfully complete any clinical rotations that
1922	were not completed under such program prior to its termination
1923	and any additional clinical rotations with an appropriate
1924	physician assistant preceptor, not to exceed 6 months, that are
1925	determined necessary by the council. The boards shall determine,
1926	based on recommendations from the council, the facilities under
1927	which such incomplete or additional clinical rotations may be
1928	completed and shall also determine what constitutes successful
1929	completion thereof, provided such requirements are comparable to
1930	those established by accredited physician assistant programs.
1931	This sub-sub-subparagraph is repealed July 1, 2001.
1932	2.  The department may grant temporary licensure to an
1933	applicant who meets the requirements of subparagraph 1. Between
1934	meetings of the council, the department may grant temporary
1935	licensure to practice based on the completion of all temporary
1936	licensure requirements. All such administratively issued
1937	licenses shall be reviewed and acted on at the next regular
1938	meeting of the council. A temporary license expires 30 days
1939	after receipt and notice of scores to the licenseholder from the
1940	first available examination specified in subparagraph 1.
1941	following licensure by the department. An applicant who fails
1942	the proficiency examination is no longer temporarily licensed,
1943	but may apply for a one-time extension of temporary licensure
1944	after reapplying for the next available examination. Extended
1945	licensure shall expire upon failure of the licenseholder to sit
1946	for the next available examination or upon receipt and notice of
1947	scores to the licenseholder from such examination.
1948	3.  Notwithstanding any other provision of law, the
1949	examination specified pursuant to subparagraph 1. shall be
1950	administered by the department only five times. Applicants
1951	certified by the board for examination shall receive at least 6
1952	months' notice of eligibility prior to the administration of the
1953	initial examination. Subsequent examinations shall be
1954	administered at 1-year intervals following the reporting of the
1955	scores of the first and subsequent examinations. For the
1956	purposes of this paragraph, the department may develop, contract
1957	for the development of, purchase, or approve an examination that
1958	adequately measures an applicant's ability to practice with
1959	reasonable skill and safety. The minimum passing score on the
1960	examination shall be established by the department, with the
1961	advice of the board. Those applicants failing to pass that
1962	examination or any subsequent examination shall receive notice
1963	of the administration of the next examination with the notice of
1964	scores following such examination. Any applicant who passes the
1965	examination and meets the requirements of this section shall be
1966	licensed as a physician assistant with all rights defined
1967	thereby.
1968	(b)(c)  The license must be renewed biennially. Each
1969	renewal must include:
1970	1.  A renewal fee not to exceed $500 as set by the boards.
1971	2.  A sworn statement of no felony convictions in the
1972	previous 2 years.
1973	(c)(d)  Each licensed physician assistant shall biennially
1974	complete 100 hours of continuing medical education or shall hold
1975	a current certificate issued by the National Commission on
1976	Certification of Physician Assistants.
1977	(d)(e)  Upon employment as a physician assistant, a
1978	licensed physician assistant must notify the department in
1979	writing within 30 days after such employment or after any
1980	subsequent changes in the supervising physician. The
1981	notification must include the full name, Florida medical license
1982	number, specialty, and address of the supervising physician.
1983	(e)(f)  Notwithstanding subparagraph (a)2., the department
1984	may grant a temporary license to a recent graduate of an
1985	approved program, as specified in subsection (6), who expects to
1986	take the first examination administered by the National
1987	Commission on Certification of Physician Assistants available
1988	for registration after the applicant's graduation, a temporary
1989	license. The temporary license shall expire 1 year after the
1990	date of graduation 30 days after receipt of scores of the
1991	proficiency examination administered by the National Commission
1992	on Certification of Physician Assistants. Between meetings of
1993	the council, the department may grant a temporary license to
1994	practice pursuant to this subsection based on the completion of
1995	all temporary licensure requirements. All such administratively
1996	issued licenses shall be reviewed and acted on at the next
1997	regular meeting of the council. The recent graduate may be
1998	licensed prior to employment, but must comply with paragraph (d)
1999	(e). An applicant who has passed the National Commission on
2000	Certification of Physician Assistants proficiency examination
2001	may be granted permanent licensure. An applicant failing the
2002	proficiency examination is no longer temporarily licensed, but
2003	may reapply for a 1-year extension of temporary licensure. An
2004	applicant may not be granted more than two temporary licenses
2005	and may not be licensed as a physician assistant until he or she
2006	passes the examination administered by the National Commission
2007	on Certification of Physician Assistants. As prescribed by board
2008	rule, the council may require an applicant who does not pass the
2009	national licensing examination after five or more attempts to
2010	complete additional remedial education or training. The council
2011	shall prescribe the additional requirements in a manner that
2012	permits the applicant to complete the requirements and be
2013	reexamined within 2 years after the date the applicant petitions
2014	the council to retake the examination a sixth or subsequent
2015	time.
2016	(f)(g)  The Board of Medicine may impose any of the
2017	penalties authorized under ss. 456.072 and 458.331(2) upon a
2018	physician assistant if the physician assistant or the
2019	supervising physician has been found guilty of or is being
2020	investigated for any act that constitutes a violation of this
2021	chapter or chapter 456.
2022	Section 49.  Subsections (4) and (5) of section 459.008,
2023	Florida Statutes, are amended to read:
2024	459.008  Renewal of licenses and certificates.--
2025	(4)  The board shall, by rule, prescribe continuing
2026	education programs and courses, not to exceed 40 hours
2027	biennially, as a condition for renewal of a license. Such
2028	programs and courses must build on the basic educational
2029	requirements for licensure as an osteopathic physician and must
2030	be approved by the board. Notwithstanding any other provision of
2031	law, the board, by rule, may mandate specific continuing medical
2032	education requirements and may approve, by rule, alternative
2033	methods of obtaining continuing education credits, including,
2034	but not limited to, attending a board meeting at which another
2035	licensee is disciplined, serving as a volunteer expert witness
2036	for the department in a disciplinary case, and serving as a
2037	member of a probable cause panel following the expiration of a
2038	board member's term.
2039	(5)  Notwithstanding the provisions of s. 456.033, An
2040	osteopathic physician may complete continuing education on end-
2041	of-life and palliative care in lieu of continuing education in
2042	AIDS/HIV, if that physician has completed the AIDS/HIV
2043	continuing education in the immediately preceding biennium.
2044	Section 50.  Subsection (9) of section 459.015, Florida
2045	Statutes, is amended to read:
2046	459.015  Grounds for disciplinary action; action by the
2047	board and department.--
2048	(9)  When an investigation of an osteopathic physician is
2049	undertaken, the department shall promptly furnish to the
2050	osteopathic physician or his or her attorney a copy of the
2051	complaint or document which resulted in the initiation of the
2052	investigation. For purposes of this subsection, such documents
2053	include, but are not limited to: the pertinent portions of an
2054	annual report submitted to the department pursuant to s.
2055	395.0197(6); a report of an adverse incident which is provided
2056	to the department pursuant to s. 395.0197; a report of peer
2057	review disciplinary action submitted to the department pursuant
2058	to s. 395.0193(4) or s. 459.016, provided that the
2059	investigations, proceedings, and records relating to such peer
2060	review disciplinary action shall continue to retain their
2061	privileged status even as to the licensee who is the subject of
2062	the investigation, as provided by ss. 395.0193(8) and
2063	459.016(3); a report of a closed claim submitted pursuant to s.
2064	627.912; a presuit notice submitted pursuant to s. 766.106(2);
2065	and a petition brought under the Florida Birth-Related
2066	Neurological Injury Compensation Plan, pursuant to s.
2067	766.305(2). The osteopathic physician may submit a written
2068	response to the information contained in the complaint or
2069	document which resulted in the initiation of the investigation
2070	within 30 45 days after service to the osteopathic physician of
2071	the complaint or document. The osteopathic physician's written
2072	response shall be considered by the probable cause panel.
2073	Section 51.  Subsections (1), (2), and (5) of section
2074	459.021, Florida Statutes, are amended to read:
2075	459.021  Registration of resident physicians, interns, and
2076	fellows; list of hospital employees; penalty.--
2077	(1)  Any person who holds a degree of Doctor of Osteopathic
2078	Medicine from a college of osteopathic medicine recognized and
2079	approved by the American Osteopathic Association who desires to
2080	practice as a resident physician, assistant resident physician,
2081	house physician, intern, or fellow in fellowship training which
2082	leads to subspecialty board certification in this state, or any
2083	person desiring to practice as a resident physician, assistant
2084	resident physician, house physician, intern, or fellow in
2085	fellowship training in a teaching hospital in this state as
2086	defined in s. 408.07(44) or s. 395.805(2), who does not hold an
2087	active license issued under this chapter shall apply to the
2088	department to be registered, on an application provided by the
2089	department, within 30 days prior to of commencing such a
2090	training program and shall remit a fee not to exceed $300 as set
2091	by the board.
2092	(2)  Any person required to be registered under this
2093	section shall renew such registration annually and shall remit a
2094	renewal fee not to exceed $300 as set by the board. Such
2095	registration shall be terminated upon the registrant's receipt
2096	of an active license issued under this chapter. No person shall
2097	be registered under this section for an aggregate of more than 5
2098	years, unless additional years are approved by the board.
2099	(5)  It is a misdemeanor of the second degree, punishable
2100	as provided in s. 775.082 or s. 775.083, for any hospital or
2101	teaching hospital, and also for the superintendent,
2102	administrator, and other person or persons having administrative
2103	authority in such hospital to willfully:
2104	(a)  To Employ the services in such hospital of any person
2105	listed in subsection (3), unless such person is registered with
2106	the department under the law or the holder of a license to
2107	practice osteopathic medicine under this chapter.
2108	(b)  To Fail to furnish to the department the list and
2109	information required by subsection (3).
2110	Section 52.  Paragraphs (c) and (d) of subsection (1) of
2111	section 460.406, Florida Statutes, are amended and subsection
2112	(5) is added to said section, to read:
2113	460.406  Licensure by examination.--
2114	(1)  Any person desiring to be licensed as a chiropractic
2115	physician shall apply to the department to take the licensure
2116	examination. There shall be an application fee set by the board
2117	not to exceed $100 which shall be nonrefundable. There shall
2118	also be an examination fee not to exceed $500 plus the actual
2119	per applicant cost to the department for purchase of portions of
2120	the examination from the National Board of Chiropractic
2121	Examiners or a similar national organization, which may be
2122	refundable if the applicant is found ineligible to take the
2123	examination. The department shall examine each applicant who the
2124	board certifies has:
2125	(c)  Submitted proof satisfactory to the department that he
2126	or she is a graduate of or is within 6 months of graduating from
2127	a chiropractic college which is accredited by or has status with
2128	the Council on Chiropractic Education or its predecessor agency.
2129	However, any applicant who is a graduate of a chiropractic
2130	college that was initially accredited by the Council on
2131	Chiropractic Education in 1995, who graduated from such college
2132	within the 4 years immediately preceding such accreditation, and
2133	who is otherwise qualified shall be eligible to take the
2134	examination. No application for a license to practice
2135	chiropractic medicine shall be denied solely because the
2136	applicant is a graduate of a chiropractic college that
2137	subscribes to one philosophy of chiropractic medicine as
2138	distinguished from another.
2139	(d)1.  For an applicant who has matriculated in a
2140	chiropractic college prior to July 2, 1990, completed at least 2
2141	years of residence college work, consisting of a minimum of one-
2142	half the work acceptable for a bachelor's degree granted on the
2143	basis of a 4-year period of study, in a college or university
2144	accredited by an accrediting agency recognized and approved by
2145	the United States Department of Education. However, prior to
2146	being certified by the board to sit for the examination, each
2147	applicant who has matriculated in a chiropractic college after
2148	July 1, 1990, shall have been granted a bachelor's degree, based
2149	upon 4 academic years of study, by a college or university
2150	accredited by a regional accrediting agency which is a member of
2151	the Council for Higher Education Accreditation or the United
2152	States Department of Education, or by their successor
2153	organizations Commission on Recognition of Postsecondary
2154	Accreditation.
2155	2.  Effective July 1, 2000, completed, prior to
2156	matriculation in a chiropractic college, at least 3 years of
2157	residence college work, consisting of a minimum of 90 semester
2158	hours leading to a bachelor's degree in a liberal arts college
2159	or university accredited by an accrediting agency recognized and
2160	approved by the United States Department of Education. However,
2161	prior to being certified by the board to sit for the
2162	examination, each applicant who has matriculated in a
2163	chiropractic college after July 1, 2000, shall have been granted
2164	a bachelor's degree from an institution holding accreditation
2165	for that degree from a regional accrediting agency which is
2166	recognized by the United States Department of Education. The
2167	applicant's chiropractic degree must consist of credits earned
2168	in the chiropractic program and may not include academic credit
2169	for courses from the bachelor's degree.
2170	(5)  A student in a school or college of chiropractic
2171	accredited by the Council on Chiropractic Education, or its
2172	successors, in the final 6 months prior to his or her scheduled
2173	graduation from the program may file an application pursuant to
2174	subsection (1), take all examinations required for licensure,
2175	submit a set of fingerprints, and pay all fees required for
2176	licensure. A chiropractic student who takes and successfully
2177	passes the licensure examinations and who otherwise meets all
2178	requirements for licensure as a chiropractic physician during
2179	his or her final 6 months of study must graduate and supply
2180	proof of graduation to the department before being certified for
2181	licensure pursuant to s. 460.406.
2182	Section 53.  Subsection (5) of section 460.413, Florida
2183	Statutes, is amended to read:
2184	460.413  Grounds for disciplinary action; action by board
2185	or department.--
2186	(5)  When an investigation of a chiropractic physician is
2187	undertaken, the department shall promptly furnish to the
2188	chiropractic physician or her or his attorney a copy of the
2189	complaint or document which resulted in the initiation of the
2190	investigation. The chiropractic physician may submit a written
2191	response to the information contained in such complaint or
2192	document within 30 45 days after service to the chiropractic
2193	physician of the complaint or document. The chiropractic
2194	physician's written response shall be considered by the probable
2195	cause panel.
2196	Section 54.  Subsection (6) of section 461.013, Florida
2197	Statutes, is amended to read:
2198	461.013  Grounds for disciplinary action; action by the
2199	board; investigations by department.--
2200	(6)  When an investigation of a podiatric physician is
2201	undertaken, the department shall promptly furnish to the
2202	podiatric physician or her or his attorney a copy of the
2203	complaint or document which resulted in the initiation of the
2204	investigation. The podiatric physician may submit a written
2205	response to the information contained in such complaint or
2206	document within 30 45 days after service to the podiatric
2207	physician of the complaint or document. The podiatric
2208	physician's written response shall be considered by the probable
2209	cause panel.
2210	Section 55.  Paragraph (b) of subsection (1) of section
2211	463.006, Florida Statutes, is amended to read:
2212	463.006  Licensure and certification by examination.--
2213	(1)  Any person desiring to be a licensed practitioner
2214	pursuant to this chapter shall apply to the department to take
2215	the licensure and certification examinations. The department
2216	shall examine each applicant who the board determines has:
2217	(b)  Submitted proof satisfactory to the department that
2218	she or he:
2219	1.  Is at least 18 years of age.
2220	2.  Has graduated from an accredited school or college of
2221	optometry approved by rule of the board.
2222	3.  Is of good moral character.
2223	4.  Has successfully completed at least 110 hours of
2224	transcript-quality coursework and clinical training in general
2225	and ocular pharmacology as determined by the board, at an
2226	institution that:
2227	a.  Has facilities for both didactic and clinical
2228	instructions in pharmacology.; and
2229	b.  Is accredited by a regional or professional accrediting
2230	organization that is recognized and approved by the Council for
2231	Higher Education Commission on Recognition of Postsecondary
2232	Accreditation or the United States Department of Education, or
2233	by their successor organizations.
2234	5.  Has completed at least 1 year of supervised experience
2235	in differential diagnosis of eye disease or disorders as part of
2236	the optometric training or in a clinical setting as part of the
2237	optometric experience.
2238	Section 56.  Subsection (4) of section 461.014, Florida
2239	Statutes, is amended to read:
2240	461.014  Residency.--The board shall encourage and develop
2241	podiatric residency programs in hospitals in this state and
2242	shall establish such programs by the promulgation of rules,
2243	subject to the following conditions:
2244	(4)  Every hospital having a residency program shall
2245	annually semiannually, on January 1 and July 1 of each year,
2246	provide the board with a list of podiatric residents and such
2247	other information as is required by the board.
2248	Section 57.  Paragraph (a) of subsection (4) of section
2249	464.0205, Florida Statutes, is amended to read:
2250	464.0205  Retired volunteer nurse certificate.--
2251	(4)  A retired volunteer nurse receiving certification from
2252	the board shall:
2253	(a)  Work under the direct supervision of the director of a
2254	county health department, a physician working under a limited
2255	license issued pursuant to s. 458.315 458.317 or s. 459.0075, a
2256	physician licensed under chapter 458 or chapter 459, an advanced
2257	registered nurse practitioner certified under s. 464.012, or a
2258	registered nurse licensed under s. 464.008 or s. 464.009.
2259	Section 58.  Subsection (6) is added to section 464.201,
2260	Florida Statutes, to read:
2261	464.201  Definitions.--As used in this part, the term:
2262	(6)  "Practice of a certified nursing assistant" means
2263	providing care and assisting persons with tasks relating to the
2264	activities of daily living. Such tasks are those associated with
2265	personal care, maintaining mobility, nutrition and hydration,
2266	toileting and elimination, assistive devices, safety and
2267	cleanliness, data gathering, reporting abnormal signs and
2268	symptoms, postmortem care, patient socialization and reality
2269	orientation, end-of-life care, cardiopulmonary resuscitation and
2270	emergency care, residents' or patients' rights, documentation of
2271	nursing assistant services, and other tasks that a certified
2272	nurse assistant may perform after training beyond that required
2273	for initial certification and upon validation of competence in
2274	that skill by a registered nurse. This subsection does not
2275	restrict the ability of any person who is otherwise trained and
2276	educated from performing such tasks.
2277	Section 59.  Paragraph (c) of subsection (1) of section
2278	464.009, Florida Statutes, is amended to read:
2279	464.009  Licensure by endorsement.--
2280	(1)  The department shall issue the appropriate license by
2281	endorsement to practice professional or practical nursing to an
2282	applicant who, upon applying to the department and remitting a
2283	fee set by the board not to exceed $100, demonstrates to the
2284	board that he or she:
2285	(c)  Has actively practiced nursing in another state,
2286	jurisdiction, or territory of the United States for 2 of the
2287	preceding 3 years without having his or her license acted
2288	against by the licensing authority of any jurisdiction.
2289	Applicants who become licensed under pursuant to this paragraph
2290	must complete within 6 months after licensure a Florida laws and
2291	rules course that is approved by the board. Once the department
2292	has received the results of the national criminal history check
2293	and has determined that the applicant has no criminal history,
2294	the appropriate license by endorsement shall be issued to the
2295	applicant. This paragraph is repealed July 1, 2004, unless
2296	reenacted by the Legislature.
2297	Section 60.  Section 464.202, Florida Statutes, is amended
2298	to read:
2299	464.202  Duties and powers of the board.--The board shall
2300	maintain, or contract with or approve another entity to
2301	maintain, a state registry of certified nursing assistants. The
2302	registry must consist of the name of each certified nursing
2303	assistant in this state; other identifying information defined
2304	by board rule; certification status; the effective date of
2305	certification; other information required by state or federal
2306	law; information regarding any crime or any abuse, neglect, or
2307	exploitation as provided under chapter 435; and any disciplinary
2308	action taken against the certified nursing assistant. The
2309	registry shall be accessible to the public, the
2310	certificateholder, employers, and other state agencies. The
2311	board shall adopt by rule testing procedures for use in
2312	certifying nursing assistants and shall adopt rules regulating
2313	the practice of certified nursing assistants which specify the
2314	scope of practice authorized and level of supervision required
2315	for the practice of certified nursing assistants to enforce this
2316	part. The board may contract with or approve another entity or
2317	organization to provide the examination services, including the
2318	development and administration of examinations. The board shall
2319	require that the contract provider offer certified nursing
2320	assistant applications via the Internet, and may require the
2321	contract provider to accept certified nursing assistant
2322	applications for processing via the Internet. The board shall
2323	require the contract provider to provide the preliminary results
2324	of the certified nursing examination on the date the test is
2325	administered. The provider shall pay all reasonable costs and
2326	expenses incurred by the board in evaluating the provider's
2327	application and performance during the delivery of services,
2328	including examination services and procedures for maintaining
2329	the certified nursing assistant registry.
2330	Section 61.  Subsections (1), (5), and (7) of section
2331	464.203, Florida Statutes, are amended, and subsection (8) is
2332	added to said section, to read:
2333	464.203  Certified nursing assistants; certification
2334	requirement.--
2335	(1)  The board shall issue a certificate to practice as a
2336	certified nursing assistant to any person who demonstrates a
2337	minimum competency to read and write and successfully passes the
2338	required statewide criminal screening through the Department of
2339	Law Enforcement, including Level I screening pursuant to chapter
2340	435 or, if the applicant has not maintained continuous residency
2341	within the state for 5 years immediately preceding the date of
2342	application, Level II screening which includes a fingerprint
2343	check through the Department of Law Enforcement and the Federal
2344	Bureau of Investigation pursuant to chapter 435, Level I or
2345	Level II screening pursuant to s. 400.215 and meets one of the
2346	following requirements:
2347	(a)  Has successfully completed an approved training
2348	program and achieved a minimum score, established by rule of the
2349	board, on the nursing assistant competency examination, which
2350	consists of a written portion and skills-demonstration portion
2351	approved by the board and administered at a site and by
2352	personnel approved by the department.
2353	(b)  Has achieved a minimum score, established by rule of
2354	the board, on the nursing assistant competency examination,
2355	which consists of a written portion and skills-demonstration
2356	portion, approved by the board and administered at a site and by
2357	personnel approved by the department and:
2358	1.  Has a high school diploma, or its equivalent; or
2359	2.  Is at least 18 years of age.
2360	(c)  Is currently certified in another state; is listed on
2361	that state's certified nursing assistant registry; and has not
2362	been found to have committed abuse, neglect, or exploitation in
2363	that state.
2364	(d)  Has completed the curriculum developed under the
2365	Enterprise Florida Jobs and Education Partnership Grant and
2366	achieved a minimum score, established by rule of the board, on
2367	the nursing assistant competency examination, which consists of
2368	a written portion and skills-demonstration portion, approved by
2369	the board and administered at a site and by personnel approved
2370	by the department.
2371	(5)  Certification as a nursing assistant, in accordance
2372	with this part, may be renewed continues in effect until such
2373	time as the nursing assistant allows a period of 24 consecutive
2374	months to pass during which period the nursing assistant fails
2375	to perform any nursing-related services for monetary
2376	compensation. When a nursing assistant fails to perform any
2377	nursing-related services for monetary compensation for a period
2378	of 24 consecutive months, the nursing assistant must complete a
2379	new training and competency evaluation program or a new
2380	competency evaluation program.
2381	(7)  A certified nursing assistant shall complete 12 18
2382	hours of inservice training during each calendar year. The
2383	certified nursing assistant shall be responsible for maintaining
2384	documentation demonstrating compliance with these provisions.
2385	The Council on Certified Nursing Assistants, in accordance with
2386	s. 464.2085(2)(b), shall propose rules to implement this
2387	subsection.
2388	(8)  The department shall renew a certificate upon receipt
2389	of the renewal application and imposition of a fee of not less
2390	than $20 and not more than $50 biennially. The department shall
2391	adopt rules establishing a procedure for the biennial renewal of
2392	certificates. Any certificate not renewed by July 1, 2006, is
2393	void.
2394	Section 62.  Paragraph (b) of subsection (1) of section
2395	464.204, Florida Statutes, is amended to read:
2396	464.204  Denial, suspension, or revocation of
2397	certification; disciplinary actions.--
2398	(1)  The following acts constitute grounds for which the
2399	board may impose disciplinary sanctions as specified in
2400	subsection (2):
2401	(b)  Intentionally Violating any provision of parts I and
2402	II of this chapter, chapter 456, or the rules adopted by the
2403	board.
2404	Section 63.  Subsection (2) of section 465.0075, Florida
2405	Statutes, is amended to read:
2406	465.0075  Licensure by endorsement; requirements; fee.--
2407	(2)  An applicant licensed in another state for a period in
2408	excess of 2 years from the date of application for licensure in
2409	this state shall submit a total of at least 30 hours of board-
2410	approved continuing education for the 24 months 2 calendar years
2411	immediately preceding application.
2412	Section 64.  Subsections (2) and (4) of section 465.022,
2413	Florida Statutes, are amended to read:
2414	465.022  Pharmacies; general requirements; fees.--
2415	(2)  A pharmacy permit shall be issued only to a person who
2416	is at least 18 years of age and of good moral character, to a
2417	partnership whose partners are at least 18 years of age and of
2418	good moral character, or to a corporation that which is
2419	registered pursuant to chapter 607 or chapter 617 whose
2420	officers, directors, and shareholders with an ownership interest
2421	of 5 percent or more are at least 18 years of age and of good
2422	moral character.
2423	(4)(a)  An application for a pharmacy permit must include a
2424	set of fingerprints from each person with an ownership interest
2425	of 5 percent or more and from any person who, directly or
2426	indirectly, manages, oversees, or controls the operation of the
2427	applicant, including officers and directors of a corporation.
2428	For corporations with over $100 million of assets in this state,
2429	the department may, as an alternative, require a set of the
2430	fingerprints of up to five corporate officers who are involved
2431	in the management and operation of the pharmacy. A requirement
2432	that fingerprints of a corporate officer be submitted may be
2433	satisfied when those fingerprints are on file with a state
2434	agency and available to the department. The application must be
2435	accompanied by payment of the costs incurred by the department
2436	for the criminal history checks.
2437	(b)  The department shall submit the fingerprints provided
2438	by the applicant to the Department of Law Enforcement for a
2439	statewide criminal history check and the Department of Law
2440	Enforcement shall forward the fingerprints to the Federal Bureau
2441	of Investigation for a national criminal history check.
2442	(c)  After the application has been filed with the board
2443	and the permit fee provided in this section has been received,
2444	the board shall cause the application to be fully investigated,
2445	both as to the qualifications of the applicant and the
2446	prescription department manager or consultant pharmacist
2447	designated to be in charge and as to the premises and location
2448	described in the application.
2449	Section 65.  Section 465.023, Florida Statutes, is amended
2450	to read:
2451	465.023  Pharmacy permittee; disciplinary action.--
2452	(1)  The department or the board may deny a pharmacy permit
2453	application or revoke or suspend the permit of any pharmacy
2454	permittee, and may fine, place on probation, or otherwise
2455	discipline any pharmacy permittee when the applicant for a
2456	pharmacy permit, pharmacy permittee, or any officer, director,
2457	or agent of an applicant or permittee who has:
2458	(a)  Obtained a permit by misrepresentation or fraud or
2459	through an error of the department or the board;
2460	(b)  Attempted to procure, or has procured, a permit for
2461	any other person by making, or causing to be made, any false
2462	representation;
2463	(c)  Violated any of the requirements of this chapter or
2464	any of the rules of the Board of Pharmacy; of chapter 499, known
2465	as the "Florida Drug and Cosmetic Act"; of 21 U.S.C. ss. 301-
2466	392, known as the "Federal Food, Drug, and Cosmetic Act"; of 21
2467	U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
2468	Prevention and Control Act; or of chapter 893; or
2469	(d)  Been convicted or found guilty, regardless of
2470	adjudication, of a felony or any other crime involving moral
2471	turpitude in any of the courts of this state, of any other
2472	state, or of the United States.
2473	(e)  Been convicted or disciplined by a regulatory agency
2474	of the Federal Government or a regulatory agency of another
2475	state for any offense that would constitute a violation of this
2476	chapter; or
2477	(f)  Been convicted of, found guilty of, or entered a plea
2478	of guilty or nolo contendere to, regardless of adjudication, a
2479	crime in any jurisdiction which relates to the practice of, or
2480	the ability to practice, the profession of pharmacy.
2481	(2)  If a pharmacy permit is revoked or suspended, the
2482	owner, manager, or proprietor shall cease to operate the
2483	establishment as a pharmacy as of the effective date of the such
2484	suspension or revocation. In the event of the such revocation or
2485	suspension, the owner, manager, or proprietor shall remove from
2486	the premises all signs and symbols identifying the premises as a
2487	pharmacy. The period of the such suspension shall be prescribed
2488	by the Board of Pharmacy, but in no case shall it exceed 1 year.
2489	In the event that the permit is revoked, the person owning or
2490	operating the establishment shall not be entitled to make
2491	application for a permit to operate a pharmacy for a period of 1
2492	year from the date of the such revocation. Upon the effective
2493	date of the such revocation, the permittee shall advise the
2494	Board of Pharmacy of the disposition of the medicinal drugs
2495	located on the premises. The Such disposition shall be subject
2496	to continuing supervision and approval by the Board of Pharmacy.
2497	Section 66.  Subsections (2) and (5) of section 465.025,
2498	Florida Statutes, are amended, and subsections (6) through (8)
2499	are renumbered as subsections (5) through (7), respectively, to
2500	read:
2501	465.025  Substitution of drugs.--
2502	(2)  A pharmacist who receives a prescription for a brand
2503	name drug shall, unless requested otherwise by the purchaser,
2504	substitute a less expensive, generically equivalent drug product
2505	that is:
2506	(a)  distributed by a business entity doing business, and
2507	subject to suit and service of legal process, in the United
2508	States; and
2509	(b)  Listed in the formulary of generic and brand name drug
2510	products as provided in subsection (5) for the brand name drug
2511	prescribed,
2512
2513	unless the prescriber writes the words "MEDICALLY NECESSARY," in
2514	her or his own handwriting, on the face of a written
2515	prescription or unless, in the case of an electronically
2516	transmitted prescription, the prescriber indicates in the
2517	transmitted prescription that the brand name drug is medically
2518	necessary or, in the case of an oral prescription, the
2519	prescriber expressly indicates to the pharmacist that the brand
2520	name drug prescribed is medically necessary.
2521	(5)  Each community pharmacy shall establish a formulary of
2522	generic and brand name drug products which, if selected as the
2523	drug product of choice, would not pose a threat to the health
2524	and safety of patients receiving prescription medication. In
2525	compiling the list of generic and brand name drug products for
2526	inclusion in the formulary, the pharmacist shall rely on drug
2527	product research, testing, information, and formularies compiled
2528	by other pharmacies, by states, by the United States Department
2529	of Health, Education, and Welfare, by the United States
2530	Department of Health and Human Services, or by any other source
2531	which the pharmacist deems reliable. Each community pharmacy
2532	shall make such formulary available to the public, the Board of
2533	Pharmacy, or any physician requesting same. This formulary shall
2534	be revised following each addition, deletion, or modification of
2535	said formulary.
2536	Section 67.  Subsection (1) of section 465.0251, Florida
2537	Statutes, is amended to read:
2538	465.0251  Generic drugs; removal from formulary under
2539	specified circumstances.--
2540	(1)  The Board of Pharmacy and the Board of Medicine shall
2541	remove any generic named drug product from the formulary
2542	established by s. 465.025(5)(6), if every commercially marketed
2543	equivalent of that drug product is "A" rated as therapeutically
2544	equivalent to a reference listed drug or is a reference listed
2545	drug as referred to in "Approved Drug Products with Therapeutic
2546	Equivalence Evaluations" (Orange Book) published by the United
2547	States Food and Drug Administration.
2548	Section 68.  Subsection (7) is added to section 465.026,
2549	Florida Statutes, to read:
2550	465.026  Filling of certain prescriptions.--Nothing
2551	contained in this chapter shall be construed to prohibit a
2552	pharmacist licensed in this state from filling or refilling a
2553	valid prescription which is on file in a pharmacy located in
2554	this state or in another state and has been transferred from one
2555	pharmacy to another by any means, including any electronic
2556	means, under the following conditions:
2557	(7)  A community pharmacy licensed under this chapter that
2558	only receives and transfers prescriptions for dispensing by
2559	another pharmacy may transfer a prescription for a medicinal
2560	drug listed in Schedule II under chapter 893. The pharmacy
2561	receiving the prescription may ship, mail, or deliver into this
2562	state, in any manner, the dispensed Schedule II medicinal drug
2563	under the following conditions:
2564	(a)  The pharmacy receiving and dispensing the transferred
2565	prescription maintains at all times a valid, unexpired license,
2566	permit, or registration to operate the pharmacy in compliance
2567	with the laws of the state in which the pharmacy is located and
2568	from which the medicinal drugs are dispensed;
2569	(b)  The community pharmacy and the receiving pharmacy are
2570	owned and operated by the same person and share a centralized
2571	database; and
2572	(c)  The community pharmacy ensures its compliance with
2573	federal laws and subsections (1)-(5).
2574	Section 69.  Section 465.0255, Florida Statutes, is amended
2575	to read:
2576	465.0255  Expiration date of medicinal drugs; display;
2577	related use and storage instructions.--
2578	(1)  The manufacturer, repackager, or other distributor of
2579	any medicinal drug shall display the expiration date of each
2580	drug in a readable fashion on the container and on its
2581	packaging. The term "readable" means conspicuous and bold.
2582	(2)  Each pharmacist for a community pharmacy dispensing
2583	medicinal drugs and each practitioner dispensing medicinal drugs
2584	on an outpatient basis shall display on the outside of the
2585	container of each medicinal drug dispensed, or in other written
2586	form delivered to the purchaser:,
2587	(a)  The expiration date when provided by the manufacturer,
2588	repackager, or other distributor of the drug; or and
2589	(b)  An earlier beyond-use date for expirations, which may
2590	be up to 1 year after the date of dispensing.
2591
2592	The dispensing pharmacist or practitioner must provide
2593	information concerning the expiration date to the purchaser upon
2594	request and must provide appropriate instructions regarding the
2595	proper use and storage of the drug.
2596	(3)  Nothing in This section does not shall impose
2597	liability on the dispensing pharmacist or practitioner for
2598	damages related to, or caused by, a medicinal drug that loses
2599	its effectiveness prior to the expiration date displayed by the
2600	dispensing pharmacist or practitioner.
2601	(4)(3)  The provisions of this section are intended to
2602	notify the patient receiving a medicinal drug of the information
2603	required by this section, and the dispensing pharmacist or
2604	practitioner shall not be liable for the patient's failure to
2605	heed such notice or to follow the instructions for storage.
2606	Section 70.  Subsection (4) of section 465.0265, Florida
2607	Statutes, is renumbered as subsection (8), and new subsections
2608	(4), (5), (6), and (7) are added to said section, to read:
2609	465.0265  Centralized prescription filling.--
2610	(4)  A pharmacy that performs centralized prescription
2611	filling services may not mail or otherwise deliver a filled
2612	prescription directly to a patient or individual practitioner if
2613	the prescription was filled on behalf of another. The filled
2614	prescription must be transported to the originating pharmacy for
2615	dispensing.
2616	(5)  A central fill pharmacy may only prepare prescriptions
2617	on behalf of pharmacies with which it has a contractual
2618	agreement to provide such services, or with which it shares a
2619	common owner. The central fill pharmacy is required to keep a
2620	list of pharmacies for which it has agreed to provide such
2621	services and must verity the Drug Enforcement Administration
2622	registration of any pharmacy with which it conducts business
2623	prior to sending or receiving controlled substance
2624	prescriptions.
2625	(6)  Pharmacies shall keep a list of those central fill
2626	pharmacies permitted to prepare prescriptions on their behalf
2627	and verify that they are Drug Enforcement Administration
2628	registrants.
2629	(7)  A central fill pharmacy shall comply with the same
2630	security requirements applicable to pharmacies, including the
2631	general requirement to maintain effective controls and
2632	procedures to guard against theft and diversion of controlled
2633	substances.
2634	Section 71.  Paragraph (a) of subsection (3) of section
2635	466.007, Florida Statutes, is amended to read:
2636	466.007  Examination of dental hygienists.--
2637	(3)  A graduate of a dental college or school shall be
2638	entitled to take the examinations required in this section to
2639	practice dental hygiene in this state if, in addition to the
2640	requirements specified in subsection (2), the graduate meets the
2641	following requirements:
2642	(a)  Submits the following credentials for review by the
2643	board:
2644	1.  Transcripts totaling 4 academic years of postsecondary
2645	dental education of predental education and dental education
2646	totaling 5 academic years of postsecondary education, including
2647	4 academic years of dental education; and
2648	2.  A dental school diploma which is comparable to a D.D.S.
2649	or D.M.D.
2650
2651	Such credentials shall be submitted in a manner provided by rule
2652	of the board. The board shall approve those credentials which
2653	comply with this paragraph and with rules of the board adopted
2654	pursuant to this paragraph. The provisions of this paragraph
2655	notwithstanding, an applicant of a foreign dental college or
2656	school not accredited in accordance with s. 466.006(2)(b) who
2657	cannot produce the credentials required by this paragraph, as a
2658	result of political or other conditions in the country in which
2659	the applicant received his or her education, may seek the
2660	board's approval of his or her educational background by
2661	submitting, in lieu of the credentials required in this
2662	paragraph, such other reasonable and reliable evidence as may be
2663	set forth by board rule. The board shall not accept such other
2664	evidence until it has made a reasonable attempt to obtain the
2665	credentials required by this paragraph from the educational
2666	institutions the applicant is alleged to have attended, unless
2667	the board is otherwise satisfied that such credentials cannot be
2668	obtained.
2669	Section 72.  Paragraph (c) of subsection (1) of section
2670	466.0135, Florida Statutes, is redesignated as paragraph (d),
2671	and a new paragraph (c) is added to said subsection, to read:
2672	466.0135  Continuing education; dentists.--
2673	(1)  In addition to the other requirements for renewal set
2674	out in this chapter, each licensed dentist shall be required to
2675	complete biennially not less than 30 hours of continuing
2676	professional education in dental subjects. Programs of
2677	continuing education shall be programs of learning that
2678	contribute directly to the dental education of the dentist and
2679	may include, but shall not be limited to, attendance at
2680	lectures, study clubs, college postgraduate courses, or
2681	scientific sessions of conventions; and research, graduate
2682	study, teaching, or service as a clinician. Programs of
2683	continuing education shall be acceptable when adhering to the
2684	following general guidelines:
2685	(c)  In addition to subsection (b), the board may authorize
2686	up to 2 hours of continuing education credit for a course on
2687	practice management that includes, but is not limited to,
2688	principles of ethical practice management, provider substance
2689	abuse, effective communications with patients, time management,
2690	and burn out prevention.
2691	Section 73.  Section 466.021, Florida Statutes, is amended
2692	to read:
2693	466.021  Employment of unlicensed persons by dentist;
2694	penalty.--Every duly licensed dentist who uses the services of
2695	any unlicensed person for the purpose of constructing, altering,
2696	repairing, or duplicating any denture, partial denture, bridge
2697	splint, or orthodontic or prosthetic appliance shall be required
2698	to furnish such unlicensed person with a written work order in
2699	such form as prescribed by rule of the board. This form shall be
2700	dated and signed by such dentist and shall include the patient's
2701	name or number with sufficient descriptive information to
2702	clearly identify the case for each separate and individual piece
2703	of work. A copy of such work order shall be retained in a
2704	permanent file in the dentist's office for a period of 4 2
2705	years, and the original work order shall be retained in a
2706	permanent file for a period of 4 2 years by such unlicensed
2707	person in her or his place of business. Such permanent file of
2708	work orders to be kept by such dentist or by such unlicensed
2709	person shall be open to inspection at any reasonable time by the
2710	department or its duly constituted agent. Failure of the dentist
2711	to keep such permanent records of such work orders shall subject
2712	the dentist to suspension or revocation of her or his license to
2713	practice dentistry. Failure of such unlicensed person to have in
2714	her or his possession a work order as required by this section
2715	shall be admissible evidence of a violation of this chapter and
2716	shall constitute a misdemeanor of the second degree, punishable
2717	as provided in s. 775.082 or s. 775.083. Nothing in this section
2718	shall preclude a registered dental laboratory from working for
2719	another registered dental laboratory, provided that such work is
2720	performed pursuant to written authorization, in a form to be
2721	prescribed by rule of the board, which evidences that the
2722	originating laboratory has obtained a valid work order and which
2723	sets forth the work to be performed. Furthermore, nothing in
2724	this section shall preclude a registered laboratory from
2725	providing its services to dentists licensed and practicing in
2726	another state, provided that such work is requested or otherwise
2727	authorized in written form which clearly identifies the name and
2728	address of the requesting dentist and which sets forth the work
2729	to be performed.
2730	Section 74.  Subsection (8) of section 467.009, Florida
2731	Statutes, is amended to read:
2732	467.009  Midwifery programs; education and training
2733	requirements.--
2734	(8)  Nonpublic educational institutions that conduct
2735	approved midwifery programs shall be accredited by an
2736	accrediting agency recognized and approved by the Council for
2737	Higher Education Accreditation or the United States Department
2738	of Education, or by their successor organizations, a member of
2739	the Commission on Recognition of Postsecondary Accreditation and
2740	shall be licensed by the Commission for Independent State Board
2741	of Nonpublic Career Education.
2742	Section 75.  Section 467.013, Florida Statutes, is amended
2743	to read:
2744	467.013  Inactive status.--A licensee may request that his
2745	or her license be placed in an inactive status by making
2746	application to the department pursuant to department rule and
2747	paying a fee.
2748	(1)  An inactive license may be renewed for one additional
2749	biennium upon application to the department and payment of the
2750	applicable biennium renewal fee. The department shall establish
2751	by rule procedures and fees for applying to place a license on
2752	inactive status, renewing an inactive license, and reactivating
2753	an inactive license. The fee for any of these procedures may not
2754	exceed the biennial renewal fee established by the department.
2755	(2)  Any license that is not renewed by the end of the
2756	biennium established by the department automatically reverts to
2757	involuntary inactive status unless the licensee has applied for
2758	voluntary inactive status. Such license may be reactivated only
2759	if the licensee meets the requirements for reactivating the
2760	license established by department rule.
2761	(3)  A midwife who desires to reactivate an inactive
2762	license shall apply to the department, complete the reactivation
2763	application, remit the applicable fees, and submit proof of
2764	compliance with the requirements for continuing education
2765	established by department rule.
2766	(4)  Each licensed midwife whose license has been placed on
2767	inactive status for more than 1 year must complete continuing
2768	education hours as a condition of reactivating the inactive
2769	license.
2770	(5)  The licensee shall submit to the department evidence
2771	of participation in 10 hours of continuing education, approved
2772	by the department and clinically related to the practice of
2773	midwifery, for each year of the biennium in which the license
2774	was inactive. This requirement is in addition to submitting
2775	evidence of completing the continuing education required for the
2776	most recent biennium in which the licensee held an active
2777	license.
2778	Section 76.  Section 467.0135, Florida Statutes, is amended
2779	to read:
2780	467.0135  Fees.--The department shall establish fees for
2781	application, examination, initial licensure, renewal of active
2782	status licensure, licensure by endorsement, inactive status,
2783	delinquent status, and reactivation of an inactive status
2784	license. The appropriate fee must be paid at the time of
2785	application and is payable to the Department of Health, in
2786	accordance with rules adopted by the department. A fee is
2787	nonrefundable, unless otherwise provided by rule. A fee may not
2788	exceed:
2789	(1)  Five hundred dollars for examination.
2790	(1)(2)  Five hundred dollars for initial licensure.
2791	(2)(3)  Five hundred dollars for renewal of an active
2792	status license licensure.
2793	(3)(4)  Two hundred dollars for application, which fee is
2794	nonrefundable.
2795	(4)(5)  Five hundred dollars for renewal reactivation of an
2796	inactive status license.
2797	(5)(6)  Five hundred dollars for licensure by endorsement.
2798
2799	A fee for inactive status, reactivation of an inactive status
2800	license, or delinquency may not exceed the fee established by
2801	the department for biennial renewal of an active status license.
2802	All fees collected under this section shall be deposited in the
2803	Medical Quality Assurance Trust Fund.
2804	Section 77.  Subsection (1) of section 467.017, Florida
2805	Statutes, is amended to read:
2806	467.017  Emergency care plan; immunity.--
2807	(1)  Every licensed midwife shall develop a written plan
2808	for the appropriate delivery of emergency care. A copy of the
2809	plan shall accompany any application for license issuance and
2810	must be made available upon request of the department or
2811	renewal. The plan shall address the following:
2812	(a)  Consultation with other health care providers.
2813	(b)  Emergency transfer.
2814	(c)  Access to neonatal intensive care units and
2815	obstetrical units or other patient care areas.
2816	Section 78.  Paragraph (b) of subsection (3) of section
2817	468.1155, Florida Statutes, is amended to read:
2818	468.1155  Provisional license; requirements.--
2819	(3)  The department shall issue a provisional license to
2820	practice audiology to each applicant who the board certifies
2821	has:
2822	(b)  Received a master's degree or is currently enrolled in
2823	a doctoral degree program with a major emphasis in audiology
2824	from an institution of higher learning which is, or at the time
2825	the applicant was enrolled and graduated was, accredited by an
2826	accrediting agency recognized by the Council for Higher
2827	Education Accreditation or the United States Department of
2828	Education, or by their successor organizations, or from an
2829	institution which is a member in good standing with the
2830	Association of Universities and Colleges of Canada. An applicant
2831	who graduated from or is currently enrolled in a program at a
2832	university or college outside the United States or Canada must
2833	present documentation of the determination of equivalency to
2834	standards established by the Council for Higher Education
2835	Accreditation in order to qualify. The applicant must have
2836	completed 60 semester hours that include:
2837	1.  Fundamental information applicable to the normal
2838	development and use of speech, hearing, and language;
2839	information about training in management of speech, hearing, and
2840	language disorders; and information supplementary to these
2841	fields.
2842	2.  Six semester hours in speech-language pathology.
2843	3.  Thirty of the required 60 semester hours in courses
2844	acceptable toward a graduate degree by the college or university
2845	in which these courses were taken, of which 24 semester hours
2846	must be in audiology.
2847	Section 79.  Section 468.352, Florida Statutes, is amended
2848	to read:
2849	(Substantial rewording of section. See
2850	s. 468.352, F.S., for present text.)
2851	468.352  Definitions.--As used in this part, the term:
2852	(1)  "Board" means the Board of Respiratory Care.
2853	(2)  "Certified respiratory therapist" means any person
2854	licensed pursuant to this part who is certified by the National
2855	Board for Respiratory Care or its successor; who is employed to
2856	deliver respiratory care services under the order of a physician
2857	licensed pursuant to chapter 458 or chapter 459, in accordance
2858	with protocols established by a hospital or other health care
2859	provider or the board; and who functions in situations of
2860	unsupervised patient contact requiring individual judgment.
2861	(3)  "Critical care" means care given to a patient in any
2862	setting involving a life-threatening emergency.
2863	(4)  "Department" means the Department of Health.
2864	(5)  "Direct supervision" means practicing under the
2865	direction of a licensed, registered, or certified respiratory
2866	therapist who is physically on the premises and readily
2867	available, as defined by the board.
2868	(6)  "Physician supervision" means supervision and control
2869	by a physician licensed under chapter 458 or chapter 459 who
2870	assumes the legal liability for the services rendered by the
2871	personnel employed in his or her office. Except in the case of
2872	an emergency, physician supervision requires the easy
2873	availability of the physician within the office or the physical
2874	presence of the physician for consultation and direction of the
2875	actions of the persons who deliver respiratory care services.
2876	(7)  "Practice of respiratory care" or "respiratory
2877	therapy" means the allied health specialty associated with the
2878	cardiopulmonary system that is practiced under the orders of a
2879	physician licensed under chapter 458 or chapter 459 and in
2880	accordance with protocols, policies, and procedures established
2881	by a hospital or other health care provider or the board,
2882	including the assessment, diagnostic evaluation, treatment,
2883	management, control, rehabilitation, education, and care of
2884	patients in all care settings.
2885	(8)  "Registered respiratory therapist" means any person
2886	licensed under this part who is registered by the National Board
2887	for Respiratory Care or its successor; who is employed to
2888	deliver respiratory care services under the order of a physician
2889	licensed under chapter 458 or chapter 459, in accordance with
2890	protocols established by a hospital or other health care
2891	provider or the board; and who functions in situations of
2892	unsupervised patient contact requiring individual judgment.
2893	(9)  "Respiratory care practitioner" means any person
2894	licensed under this part who is employed to deliver respiratory
2895	care services, under direct supervision, pursuant to the order
2896	of a physician licensed under chapter 458 or chapter 459.
2897	(10)  "Respiratory care services" includes:
2898	(a)  Evaluation and disease management.
2899	(b)  Diagnostic and therapeutic use of respiratory
2900	equipment, devices, or medical gas.
2901	(c)  Administration of drugs, as duly ordered or prescribed
2902	by a physician licensed under chapter 458 or chapter 459 and in
2903	accordance with protocols, policies, and procedures established
2904	by a hospital or other health care provider or the board.
2905	(d)  Initiation, management, and maintenance of equipment
2906	to assist and support ventilation and respiration.
2907	(e)  Diagnostic procedures, research, and therapeutic
2908	treatment and procedures, including measurement of ventilatory
2909	volumes, pressures, and flows; specimen collection and analysis
2910	of blood for gas transport and acid/base determinations;
2911	pulmonary function testing; and other related physiological
2912	monitoring of cardiopulmonary systems.
2913	(f)  Cardiopulmonary rehabilitation.
2914	(g)  Cardiopulmonary resuscitation, advanced cardiac life
2915	support, neonatal resuscitation, and pediatric advanced life
2916	support, or equivalent functions.
2917	(h)  Insertion and maintenance of artificial airways and
2918	intravascular catheters.
2919	(i)  Education of patients, families, the public, or other
2920	health care providers, including disease process and management
2921	programs and smoking prevention and cessation programs.
2922	(j)  Initiation and management of hyperbaric oxygen.
2923	Section 80.  Section 468.355, Florida Statutes, is amended
2924	to read:
2925	(Substantial rewording of section. See
2926	s. 468.355, F.S., for present text.)
2927	468.355  Licensure requirements.--To be eligible for
2928	licensure by the board, an applicant must be an active certified
2929	respiratory therapist or an active registered respiratory
2930	therapist as designated by the National Board for Respiratory
2931	Care or its successor.
2932	Section 81.  Section 468.368, Florida Statutes, is amended
2933	to read:
2934	(Substantial rewording of section. See
2935	s. 468.368, F.S., for present text.)
2936	468.368  Exemptions.--This part may not be construed to
2937	prevent or restrict the practice, service, or activities of:
2938	(1)  Any person licensed in this state by any other law
2939	from engaging in the profession or occupation for which he or
2940	she is licensed.
2941	(2)  Any legally qualified person in this state or another
2942	state or territory who is employed by the United States
2943	Government or any agency thereof, while such person is
2944	discharging his or her official duties.
2945	(3)  A friend or family member who is providing respiratory
2946	care services to an ill person and who does not represent
2947	himself or herself as a respiratory care practitioner or
2948	respiratory therapist.
2949	(4)  An individual providing respiratory care services in
2950	an emergency who does not represent himself or herself as a
2951	respiratory care practitioner or respiratory therapist.
2952	(5)  Any individual employed to deliver, assemble, set up,
2953	or test equipment for use in a home, upon the order of a
2954	physician licensed pursuant to chapter 458 or chapter 459. This
2955	subsection does not authorize the practice of respiratory care
2956	without a license.
2957	(6)  Any individual certified or registered as a pulmonary
2958	function technologist who is credentialed by the National Board
2959	for Respiratory Care for performing cardiopulmonary diagnostic
2960	studies.
2961	(7)  Any student who is enrolled in an accredited
2962	respiratory care program approved by the board, while performing
2963	respiratory care as an integral part of a required course.
2964	(8)  A surrogate family member who is delivering incidental
2965	respiratory care to a noninstitutionalized person and who does
2966	not represent himself or herself as a respiratory care
2967	practitioner or respiratory therapist.
2968	(9)  Any individual credentialed by the Underseas
2969	Hyperbaric Society in hyperbaric medicine or its equivalent, as
2970	determined by the board, while performing related duties. This
2971	subsection does not authorize the practice of respiratory care
2972	without a license.
2973	Section 82.  Paragraph (a) of subsection (2) of section
2974	468.509, Florida Statutes, is amended to read:
2975	468.509  Dietitian/nutritionist; requirements for
2976	licensure.--
2977	(2)  The agency shall examine any applicant who the board
2978	certifies has completed the application form and remitted the
2979	application and examination fees specified in s. 468.508 and
2980	who:
2981	(a)1.  Possesses a baccalaureate or postbaccalaureate
2982	degree with a major course of study in human nutrition, food and
2983	nutrition, dietetics, or food management, or an equivalent major
2984	course of study, from a school or program accredited, at the
2985	time of the applicant's graduation, by the appropriate
2986	accrediting agency recognized by the Council for Higher
2987	Education Commission on Recognition of Postsecondary
2988	Accreditation or and the United States Department of Education,
2989	or by their successor organizations; and
2990	2.  Has completed a preprofessional experience component of
2991	not less than 900 hours or has education or experience
2992	determined to be equivalent by the board; or
2993	Section 83.  Section 468.707, Florida Statutes, is amended
2994	to read:
2995	468.707  Licensure by examination; requirements.--
2996	(1)  Any person desiring to be licensed as an athletic
2997	trainer shall apply to the department on a form approved by the
2998	department.
2999	(1)(a)  The department shall license each applicant who:
3000	(a)1.  Has completed the application form and remitted the
3001	required fees.
3002	(b)2.  Is at least 21 years of age.
3003	(c)3.  Has obtained a baccalaureate degree from a college
3004	or university accredited by an accrediting agency recognized and
3005	approved by the United States Department of Education or the
3006	Council for Higher Education Commission on Recognition of
3007	Postsecondary Accreditation, or by their successor
3008	organizations, or approved by the board.
3009	(d)4.  Has completed coursework from a college or
3010	university accredited by an accrediting agency recognized and
3011	approved by the United States Department of Education or the
3012	Council for Higher Education Commission on Recognition of
3013	Postsecondary Accreditation, or by their successor
3014	organizations, or approved by the board, in each of the
3015	following areas, as provided by rule: health, human anatomy,
3016	kinesiology/biomechanics, human physiology, physiology of
3017	exercise, basic athletic training, and advanced athletic
3018	training.
3019	(e)5.  Has current certification in standard first aid and
3020	cardiovascular pulmonary resuscitation from the American Red
3021	Cross or an equivalent certification as determined by the board.
3022	(f)6.  Has, within 2 of the preceding 5 years, attained a
3023	minimum of 800 hours of athletic training experience under the
3024	direct supervision of a licensed athletic trainer or an athletic
3025	trainer certified by the National Athletic Trainers' Association
3026	or a comparable national athletic standards organization.
3027	(g)7.  Has passed an examination administered or approved
3028	by the board.
3029	(2)(b)  The department shall also license each applicant
3030	who:
3031	(a)1.  Has completed the application form and remitted the
3032	required fees no later than October 1, 1996.
3033	(b)2.  Is at least 21 years of age.
3034	(c)3.  Has current certification in standard first aid and
3035	cardiovascular pulmonary resuscitation from the American Red
3036	Cross or an equivalent certification as determined by the board.
3037	(d)1.4.a.  Has practiced athletic training for at least 3
3038	of the 5 years preceding application; or
3039	2.b.  Is currently certified by the National Athletic
3040	Trainers' Association or a comparable national athletic
3041	standards organization.
3042	(2)  Pursuant to the requirements of s. 456.034, each
3043	applicant shall complete a continuing education course on human
3044	immunodeficiency virus and acquired immune deficiency syndrome
3045	as part of initial licensure.
3046	Section 84.  Subsections (2) and (3) of section 468.711,
3047	Florida Statutes, are amended to read:
3048	468.711  Renewal of license; continuing education.--
3049	(2)  The board may, by rule, prescribe continuing education
3050	requirements, not to exceed 24 hours biennially. The criteria
3051	for continuing education shall be approved by the board and
3052	shall include 4 hours in standard first aid and cardiovascular
3053	pulmonary resuscitation from the American Red Cross or
3054	equivalent training as determined by the board.
3055	(3)  Pursuant to the requirements of s. 456.034, each
3056	licensee shall complete a continuing education course on human
3057	immunodeficiency virus and acquired immune deficiency syndrome
3058	as part of biennial relicensure.
3059	Section 85.  Section 468.723, Florida Statutes, is amended
3060	to read:
3061	468.723  Exemptions.--Nothing in this part shall be
3062	construed as preventing or restricting:
3063	(1)  The professional practice of a licensee of the
3064	department who is acting within the scope of such practice.
3065	(2)  A student athletic trainer acting under the direct
3066	supervision of a licensed athletic trainer.
3067	(3)  A person employed as a teacher apprentice trainer I, a
3068	teacher apprentice trainer II, or a teacher athletic trainer
3069	under s. 1012.46.
3070	(3)(4)  A person from administering standard first aid
3071	treatment to an athlete.
3072	(4)(5)  A person licensed under chapter 548, provided such
3073	person is acting within the scope of such license.
3074	(5)(6)  A person providing personal training instruction
3075	for exercise, aerobics, or weightlifting, if the person does not
3076	represent himself or herself as able to provide "athletic
3077	trainer" services and if any recognition or treatment of
3078	injuries is limited to the provision of first aid.
3079	Section 86.  Subsection (5) is added to section 480.034,
3080	Florida Statutes, to read:
3081	480.034  Exemptions.--
3082	(5)  The establishment licensure requirements of this act
3083	do not apply to massage therapists licensed under this chapter
3084	or to the office of a health care practitioner licensed under
3085	chapter 457, chapter 458, chapter 459, chapter 460, chapter 461,
3086	chapter 466, or chapter 486, if massage therapy provided by a
3087	massage therapist at the office is only provided to the patients
3088	of the health care practitioner.
3089	Section 87.  Section 480.041, Florida Statutes, is amended
3090	to read:
3091	480.041  Massage therapists; qualifications; licensure;
3092	endorsement.--
3093	(1)  Any person is qualified for licensure as a massage
3094	therapist under this act who:
3095	(a)  Has completed an application form and submitted the
3096	appropriate fee to the department;
3097	(b)  Is at least 18 years of age and or has received a high
3098	school diploma or graduate equivalency diploma;
3099	(c)(b)  Has completed a course of study at a board-approved
3100	massage school or has completed an apprenticeship program that
3101	meets standards adopted by the board; and
3102	(d)(c)  Has received a passing grade on a board-approved
3103	national an examination certified administered by the
3104	department.
3105	(2)  Every person desiring to be examined for licensure as
3106	a massage therapist shall apply to the department in writing
3107	upon forms prepared and furnished by the department. Such
3108	Applicants for licensure shall be subject to the provisions of
3109	s. 480.046(1). Applicants may take an examination administered
3110	by the department only upon meeting the requirements of this
3111	section as determined by the board.
3112	(3)  Upon an applicant's passing the examination and paying
3113	the initial licensure fee, the department shall issue to the
3114	applicant a license, valid until the next scheduled renewal
3115	date, to practice massage.
3116	(3)(4)  The board shall adopt rules:
3117	(a)  Establishing a minimum training program for
3118	apprentices.
3119	(b)  Providing for educational standards, examination, and
3120	certification for the practice of colonic irrigation, as defined
3121	in s. 480.033(5)(6), by massage therapists.
3122	(c)  Specifying licensing procedures for practitioners
3123	desiring to be licensed in this state who hold an active license
3124	and have practiced in any other state, territory, or
3125	jurisdiction of the United States or any foreign national
3126	jurisdiction which has licensing standards substantially similar
3127	to, equivalent to, or more stringent than the standards of this
3128	state.
3129	(4)  Notwithstanding s. 456.017(1)(c)2., the department
3130	shall adopt rules for the for the administration of a state-
3131	developed written examination for the practice of colonic
3132	irrigation and such examination will be administered until a
3133	national examination is certified by the department.
3134	Section 88.  Paragraph (h) of subsection (1) of section
3135	480.044, Florida Statutes, is amended, and paragraphs (i)
3136	through (l) are redesignated as paragraphs (h) through (k),
3137	respectively, to read:
3138	480.044  Fees; disposition.--
3139	(1)  The board shall set fees according to the following
3140	schedule:
3141	(h)  Fee for apprentice: not to exceed $100.
3142	Section 89.  Subsection (9) of section 486.021, Florida
3143	Statutes, is amended to read:
3144	486.021  Definitions.--In this chapter, unless the context
3145	otherwise requires, the term:
3146	(9)  "Direct supervision" means supervision by a physical
3147	therapist who is licensed pursuant to this chapter. Except in a
3148	case of emergency, direct supervision requires the physical
3149	presence of the licensed physical therapist for consultation and
3150	direction of the actions of a physical therapist or physical
3151	therapist assistant who is practicing under a temporary permit
3152	and who is a candidate for licensure by examination.
3153	Section 90.  Section 486.031, Florida Statutes, is amended
3154	to read:
3155	486.031  Physical therapist; licensing requirements.--To be
3156	eligible for licensing as a physical therapist, an applicant
3157	must:
3158	(1)  Be at least 18 years old.;
3159	(2)  Be of good moral character.; and
3160	(3)(a)  Have been graduated from a school of physical
3161	therapy which has been approved for the educational preparation
3162	of physical therapists by an the appropriate accrediting agency
3163	recognized by the Council for Higher Education Commission on
3164	Recognition of Postsecondary Accreditation or the United States
3165	Department of Education, or by their successor organizations, at
3166	the time of her or his graduation and have passed, to the
3167	satisfaction of the board, the American Registry Examination
3168	prior to 1971 or a national examination approved by the board to
3169	determine her or his fitness for practice as a physical
3170	therapist as hereinafter provided;
3171	(b)  Have received a diploma from a program in physical
3172	therapy in a foreign country and have educational credentials
3173	deemed equivalent to those required for the educational
3174	preparation of physical therapists in this country, as
3175	recognized by the appropriate agency as identified by the board,
3176	and have passed to the satisfaction of the board an examination
3177	to determine her or his fitness for practice as a physical
3178	therapist as hereinafter provided; or
3179	(c)  Be entitled to licensure without examination as
3180	provided in s. 486.081.
3181	Section 91.  Section 486.051, Florida Statutes, is amended
3182	to read:
3183	486.051  Physical therapist; examination of applicant.--The
3184	examinations of an applicant for licensing as a physical
3185	therapist shall be in accordance with rules adopted by the
3186	board, to test the applicant's qualifications and shall include
3187	the taking of a test by the applicant. If an applicant fails to
3188	pass the examination in three attempts, the applicant shall not
3189	be eligible for reexamination unless she or he completes
3190	additional educational or training requirements prescribed by
3191	the board. An applicant who has completed the additional
3192	educational or training requirements prescribed by the board may
3193	take the examination on two more occasions. If the applicant has
3194	failed to pass the examination after five attempts, she or he is
3195	no longer eligible to take the examination.
3196	Section 92.  Section 486.081, Florida Statutes, is amended
3197	to read:
3198	486.081  Physical therapist; issuance of license by
3199	endorsement without examination to a person licensed in another
3200	jurisdiction passing examination of another authorized examining
3201	board; fee.--
3202	(1)  The board may cause a license to be issued through the
3203	department by endorsement without examination to any applicant
3204	who presents evidence satisfactory to the board, under oath or
3205	affirmation, of having passed the American Registry Examination
3206	prior to 1971 or of licensure in another jurisdiction an
3207	examination in physical therapy before a similar lawfully
3208	authorized examining board of another state, the District of
3209	Columbia, a territory, or a foreign country, if the standards
3210	for licensure in physical therapy in such other jurisdiction
3211	state, district, territory, or foreign country are determined by
3212	the board to be as high as those of this state, as established
3213	by rules adopted pursuant to this chapter. Any person who holds
3214	a license pursuant to this section may use the words "physical
3215	therapist" or "physiotherapist," or the letters "P.T.," in
3216	connection with her or his name or place of business to denote
3217	her or his licensure hereunder.
3218	(2)  At the time of making application for licensure by
3219	endorsement without examination pursuant to the terms of this
3220	section, the applicant shall pay to the department a fee not to
3221	exceed $175 as fixed by the board, no part of which will be
3222	returned.
3223	(3)  An applicant seeking reentry into the profession who
3224	has not been in active practice within the last 3 years prior to
3225	applying for licensure shall submit to the board documentation
3226	of competence to practice as required by rule of the board.
3227	Section 93.  Section 486.102, Florida Statutes, is amended
3228	to read:
3229	486.102  Physical therapist assistant; licensing
3230	requirements.--To be eligible for licensing by the board as a
3231	physical therapist assistant, an applicant must:
3232	(1)  Be at least 18 years old.;
3233	(2)  Be of good moral character.; and
3234	(3)(a)  Be a graduate of a professional physical therapy
3235	assistant education program which is accredited by an Have been
3236	graduated from a school giving a course of not less than 2 years
3237	for physical therapist assistants, which has been approved for
3238	the educational preparation of physical therapist assistants by
3239	the appropriate accrediting agency recognized by the Council for
3240	Higher Education Commission on Recognition of Postsecondary
3241	Accreditation or the United States Department of Education, or
3242	by their successor organizations, or which is approved by the
3243	board at the time of the applicant's her or his graduation. An
3244	applicant must and have passed to the satisfaction of the board
3245	an examination to determine the applicant's eligibility for
3246	licensure to her or his fitness for practice as a physical
3247	therapist assistant as hereinafter provided;
3248	(b)  Be a graduate of a physical therapy assistant program
3249	Have been graduated from a school giving a course for physical
3250	therapist assistants in a foreign country and have educational
3251	credentials deemed equivalent to those required for the
3252	educational preparation of physical therapist assistants in this
3253	country, as recognized by the appropriate agency as identified
3254	by the board, and passed to the satisfaction of the board an
3255	examination to determine the applicant's eligibility for
3256	licensure to her or his fitness for practice as a physical
3257	therapist assistant as hereinafter provided; or
3258	(c)  Be entitled to licensure by endorsement without
3259	examination as provided in s. 486.107.
3260	Section 94.  Section 486.104, Florida Statutes, is amended
3261	to read:
3262	486.104  Physical therapist assistant; examination of
3263	applicant.--The examinations examination of an applicant for
3264	licensing as a physical therapist assistant shall be in
3265	accordance with rules adopted by the board, to test the
3266	applicant's qualifications and shall include the taking of tests
3267	a test by the applicant. If an applicant fails to pass the
3268	examination in three attempts, the applicant shall not be
3269	eligible for reexamination unless she or he completes additional
3270	educational or training requirements prescribed by the board. An
3271	applicant who has completed the additional educational or
3272	training requirements prescribed by the board may take the
3273	examination on two more occasions. If the applicant has failed
3274	to pass the examination after five attempts, she or he is no
3275	longer eligible to take the examination.
3276	Section 95.  Section 486.107, Florida Statutes, is amended
3277	to read:
3278	486.107  Physical therapist assistant; issuance of license
3279	by endorsement without examination to a person licensed in
3280	another jurisdiction; fee.--
3281	(1)  The board may cause a license to be issued through the
3282	department by endorsement without examination to any applicant
3283	who presents evidence to the board, under oath, of licensure in
3284	another jurisdiction state, the District of Columbia, or a
3285	territory, if the standards for registering as a physical
3286	therapist assistant or licensing of a physical therapist
3287	assistant, as the case may be, in such other jurisdiction state
3288	are determined by the board to be as high as those of this
3289	state, as established by rules adopted pursuant to this chapter.
3290	Any person who holds a license pursuant to this section may use
3291	the words "physical therapist assistant," or the letters
3292	"P.T.A.," in connection with her or his name to denote licensure
3293	hereunder.
3294	(2)  At the time of making application for licensing by
3295	endorsement without examination pursuant to the terms of this
3296	section, the applicant shall pay to the department a fee not to
3297	exceed $175 as fixed by the board, no part of which will be
3298	returned.
3299	(3)  An applicant seeking reentry into the profession who
3300	has not been in active practice within the last 3 years prior to
3301	applying for licensure shall submit to the board documentation
3302	of competence to practice as required by rule of the board.
3303	Section 96.  Subsection (2) of section 486.109, Florida
3304	Statutes, is amended to read:
3305	486.109  Continuing education.--
3306	(2)  The board will accept shall approve only those courses
3307	sponsored by a college or university which provides a curriculum
3308	for professional education of training physical therapists or
3309	physical therapist assistants which is accredited by, or has
3310	status with an accrediting agency approved by, the United States
3311	Department of Education as determined by board rule, or courses
3312	sponsored or approved by the Florida Physical Therapy
3313	Association or the American Physical Therapy Association.
3314	Section 97.  Paragraph (c) is added to subsection (2) of
3315	section 486.161, Florida Statutes, to read:
3316	486.161  Exemptions.--
3317	(2)  No provision of this chapter shall be construed to
3318	prohibit:
3319	(c)  Any physical therapist who is licensed in another
3320	jurisdiction of the United States or credentialed in another
3321	country from performing physical therapy if that person, by
3322	contract or employment, is providing such physical therapy to
3323	individuals affiliated with or employed by established athletic
3324	teams, athletic organizations, or performing arts companies
3325	temporarily practicing, competing, or performing in the state
3326	for no more than 60 days in a calendar year.
3327	Section 98.  Paragraph (b) of subsection (2) of section
3328	490.005, Florida Statutes, is amended to read:
3329	490.005  Licensure by examination.--
3330	(2)  Any person desiring to be licensed as a school
3331	psychologist shall apply to the department to take the licensure
3332	examination. The department shall license each applicant who the
3333	department certifies has:
3334	(b)  Submitted satisfactory proof to the department that
3335	the applicant:
3336	1.  Has received a doctorate, specialist, or equivalent
3337	degree from a program primarily psychological in nature and has
3338	completed 60 semester hours or 90 quarter hours of graduate
3339	study, in areas related to school psychology as defined by rule
3340	of the department, from a college or university which at the
3341	time the applicant was enrolled and graduated was accredited by
3342	an accrediting agency recognized and approved by the Council for
3343	Higher Education Accreditation or the United States Department
3344	of Education, or by their successor organizations, Commission on
3345	Recognition of Postsecondary Accreditation or from an
3346	institution which is publicly recognized as a member in good
3347	standing with the Association of Universities and Colleges of
3348	Canada.
3349	2.  Has had a minimum of 3 years of experience in school
3350	psychology, 2 years of which must be supervised by an individual
3351	who is a licensed school psychologist or who has otherwise
3352	qualified as a school psychologist supervisor, by education and
3353	experience, as set forth by rule of the department. A doctoral
3354	internship may be applied toward the supervision requirement.
3355	3.  Has passed an examination provided by the department.
3356	Section 99.  Paragraph (a) of subsection (2) of section
3357	490.014, Florida Statutes, is amended to read:
3358	490.014  Exemptions.--
3359	(2)  No person shall be required to be licensed or
3360	provisionally licensed under this chapter who:
3361	(a)  Is a salaried employee of a government agency or a
3362	private provider contracting with a government agency for
3363	performance of the same essential services previously provided
3364	by the agency; developmental services program, mental health,
3365	alcohol, or drug abuse facility operating pursuant to chapter
3366	393, chapter 394, or chapter 397; subsidized child care program,
3367	subsidized child care case management program, or child care
3368	resource and referral program operating pursuant to chapter 402;
3369	child-placing or child-caring agency licensed pursuant to
3370	chapter 409; domestic violence center certified pursuant to
3371	chapter 39; accredited academic institution; or research
3372	institution, if such employee is performing duties for which he
3373	or she was trained and hired solely within the confines of such
3374	agency, facility, or institution, so long as the employee is not
3375	held out to the public as a psychologist pursuant to s.
3376	490.012(1)(a).
3377	Section 100.  Paragraphs (c) and (d) of subsection (1),
3378	paragraphs (b), (c), and (d) of subsection (3), and paragraphs
3379	(b), (c), and (d) of subsection (4) of section 491.005, Florida
3380	Statutes, are amended, paragraph (f) is added to subsection (1),
3381	paragraph (g) is added to subsection (3), and paragraph (f) is
3382	added to subsection (4) of said section, to read:
3383	491.005  Licensure by examination.--
3384	(1)  CLINICAL SOCIAL WORK.--Upon verification of
3385	documentation and payment of a fee not to exceed $200, as set by
3386	board rule, plus the actual per applicant cost to the department
3387	for purchase of the examination from the American Association of
3388	State Social Worker's Boards or a similar national organization,
3389	the department shall issue a license as a clinical social worker
3390	to an applicant who the board certifies:
3391	(c)  Has had not less than 2 years of clinical social work
3392	experience, which took place subsequent to completion of a
3393	graduate degree in social work at an institution meeting the
3394	accreditation requirements of this section, under the
3395	supervision of a licensed clinical social worker or the
3396	equivalent who is a qualified supervisor as determined by the
3397	board. An individual who intends to practice in Florida to
3398	satisfy clinical experience requirements must register pursuant
3399	to s. 491.0045 prior to commencing practice. If the applicant's
3400	graduate program was not a program which emphasized direct
3401	clinical patient or client health care services as described in
3402	subparagraph (b)2., the supervised experience requirement must
3403	take place after the applicant has completed a minimum of 15
3404	semester hours or 22 quarter hours of the coursework required. A
3405	doctoral internship may be applied toward the clinical social
3406	work experience requirement. The clinical experience requirement
3407	may be met by work performed on or off the premises of the
3408	supervising clinical social worker or the equivalent, provided
3409	that all work is performed under the direct supervision of the
3410	off-premises work is not the independent private practice
3411	rendering of clinical social work that does not have a licensed
3412	mental health professional, as determined by the board, on the
3413	premises at the same time the intern is providing services.
3414	(d)  Has passed a theory and practice examination approved
3415	provided by the board department for this purpose, which shall
3416	only be taken following completion of the clinical experience
3417	requirement.
3418	(f)  Has satisfied all coursework requirements in this
3419	section by successfully completing the required course as a
3420	student or by teaching the required graduate course as an
3421	instructor or professor in an accredited institution.
3422	(3)  MARRIAGE AND FAMILY THERAPY.--Upon verification of
3423	documentation and payment of a fee not to exceed $200, as set by
3424	board rule, plus the actual cost to the department for the
3425	purchase of the examination from the Association of Marital and
3426	Family Therapy Regulatory Board, or similar national
3427	organization, the department shall issue a license as a marriage
3428	and family therapist to an applicant who the board certifies:
3429	(b)1.  Has a minimum of a master's degree with major
3430	emphasis in marriage and family therapy, or a closely related
3431	field, and has completed all of the following requirements:
3432	a.  Thirty-six semester hours or 48 quarter hours of
3433	graduate coursework, which must include a minimum of 3 semester
3434	hours or 4 quarter hours of graduate-level course credits in
3435	each of the following nine areas: dynamics of marriage and
3436	family systems; marriage therapy and counseling theory and
3437	techniques; family therapy and counseling theory and techniques;
3438	individual human development theories throughout the life cycle;
3439	personality theory or general counseling theory and techniques;
3440	psychopathology; human sexuality theory and counseling
3441	techniques; psychosocial theory; and substance abuse theory and
3442	counseling techniques. Courses in research, evaluation,
3443	appraisal, assessment, or testing theories and procedures;
3444	thesis or dissertation work; or practicums, internships, or
3445	fieldwork may not be applied toward this requirement.
3446	b.  A minimum of one graduate-level course of 3 semester
3447	hours or 4 quarter hours in legal, ethical, and professional
3448	standards issues in the practice of marriage and family therapy
3449	or a course determined by the board to be equivalent.
3450	c.  A minimum of one graduate-level course of 3 semester
3451	hours or 4 quarter hours in diagnosis, appraisal, assessment,
3452	and testing for individual or interpersonal disorder or
3453	dysfunction; and a minimum of one 3-semester-hour or 4-quarter-
3454	hour graduate-level course in behavioral research which focuses
3455	on the interpretation and application of research data as it
3456	applies to clinical practice. Credit for thesis or dissertation
3457	work, practicums, internships, or fieldwork may not be applied
3458	toward this requirement.
3459	d.  A minimum of one supervised clinical practicum,
3460	internship, or field experience in a marriage and family
3461	counseling setting, during which the student provided 180 direct
3462	client contact hours of marriage and family therapy services
3463	under the supervision of an individual who met the requirements
3464	for supervision under paragraph (c). This requirement may be met
3465	by a supervised practice experience which took place outside the
3466	academic arena, but which is certified as equivalent to a
3467	graduate-level practicum or internship program which required a
3468	minimum of 180 direct client contact hours of marriage and
3469	family therapy services currently offered within an academic
3470	program of a college or university accredited by an accrediting
3471	agency approved by the United States Department of Education, or
3472	an institution which is publicly recognized as a member in good
3473	standing with the Association of Universities and Colleges of
3474	Canada or a training institution accredited by the Commission on
3475	Accreditation for Marriage and Family Therapy Education
3476	recognized by the United States Department of Education.
3477	Certification shall be required from an official of such
3478	college, university, or training institution.
3479	2.  If the course title which appears on the applicant's
3480	transcript does not clearly identify the content of the
3481	coursework, the applicant shall be required to provide
3482	additional documentation, including, but not limited to, a
3483	syllabus or catalog description published for the course.
3484
3485	The required master's degree must have been received in an
3486	institution of higher education which at the time the applicant
3487	graduated was: fully accredited by a regional accrediting body
3488	recognized by the Council for Higher Education Accreditation or
3489	the United States Department of Education, or by their successor
3490	organizations Commission on Recognition of Postsecondary
3491	Accreditation; publicly recognized as a member in good standing
3492	with the Association of Universities and Colleges of Canada; or
3493	an institution of higher education located outside the United
3494	States and Canada, which at the time the applicant was enrolled
3495	and at the time the applicant graduated maintained a standard of
3496	training substantially equivalent to the standards of training
3497	of those institutions in the United States which are accredited
3498	by a regional accrediting body recognized by the Council for
3499	Higher Education Accreditation or the United States Department
3500	of Education, or by their successor organizations Commission on
3501	Recognition of Postsecondary Accreditation. Such foreign
3502	education and training must have been received in an institution
3503	or program of higher education officially recognized by the
3504	government of the country in which it is located as an
3505	institution or program to train students to practice as
3506	professional marriage and family therapists or psychotherapists.
3507	The burden of establishing that the requirements of this
3508	provision have been met shall be upon the applicant, and the
3509	board shall require documentation, such as, but not limited to,
3510	an evaluation by a foreign equivalency determination service, as
3511	evidence that the applicant's graduate degree program and
3512	education were equivalent to an accredited program in this
3513	country. An applicant with a master's degree from a program
3514	which did not emphasize marriage and family therapy may complete
3515	the coursework requirement in a training institution fully
3516	accredited by the Commission on Accreditation for Marriage and
3517	Family Therapy Education recognized by the United States
3518	Department of Education.
3519	(c)  Has had not less than 2 years of clinical experience
3520	during which 50 percent of the applicant's clients were
3521	receiving marriage and family therapy services, which must be at
3522	the post-master's level under the supervision of a licensed
3523	marriage and family therapist with at least 5 years of
3524	experience, or the equivalent, who is a qualified supervisor as
3525	determined by the board. An individual who intends to practice
3526	in Florida to satisfy the clinical experience requirements must
3527	register pursuant to s. 491.0045 prior to commencing practice.
3528	If a graduate has a master's degree with a major emphasis in
3529	marriage and family therapy or a closely related field that did
3530	not include all the coursework required under sub-subparagraphs
3531	(b)1.a.-c., credit for the post-master's level clinical
3532	experience shall not commence until the applicant has completed
3533	a minimum of 10 of the courses required under sub-subparagraphs
3534	(b)1.a.-c., as determined by the board, and at least 6 semester
3535	hours or 9 quarter hours of the course credits must have been
3536	completed in the area of marriage and family systems, theories,
3537	or techniques. Within the 3 years of required experience, the
3538	applicant shall provide direct individual, group, or family
3539	therapy and counseling, to include the following categories of
3540	cases: unmarried dyads, married couples, separating and
3541	divorcing couples, and family groups including children. A
3542	doctoral internship may be applied toward the clinical
3543	experience requirement. The clinical experience requirement may
3544	be met by work performed on or off the premises of the
3545	supervising marriage and family therapist or the equivalent,
3546	provided that all work is performed under the direct supervision
3547	of the off-premises work is not the independent private practice
3548	rendering of marriage and family therapy services that does not
3549	have a licensed mental health professional, as determined by the
3550	board, on the premises at the same time the intern is providing
3551	services.
3552	(d)  Has passed a theory and practice examination approved
3553	provided by the board department for this purpose, which shall
3554	only be taken following completion of the clinical experience
3555	requirement.
3556	(g)  Has satisfied all coursework requirements in this
3557	section by successfully completing the required course as a
3558	student or by teaching the required graduate course as an
3559	instructor or professor in an accredited institution.
3560	(4)  MENTAL HEALTH COUNSELING.--Upon verification of
3561	documentation and payment of a fee not to exceed $200, as set by
3562	board rule, plus the actual per applicant cost to the department
3563	for purchase of the examination from the Professional
3564	Examination Service for the National Academy of Certified
3565	Clinical Mental Health Counselors or a similar national
3566	organization, the department shall issue a license as a mental
3567	health counselor to an applicant who the board certifies:
3568	(b)1.  Has a minimum of an earned master's degree from a
3569	mental health counseling program accredited by the Council for
3570	the Accreditation of Counseling and Related Educational Programs
3571	that consists of at least 60 semester hours or 80 quarter hours
3572	of clinical and didactic instruction, including a course in
3573	human sexuality and a course in substance abuse. If the master's
3574	degree is earned from a program related to the practice of
3575	mental health counseling that is not accredited by the Council
3576	for the Accreditation of Counseling and Related Educational
3577	Programs, then the coursework and practicum, internship, or
3578	fieldwork must consist of at least 60 semester hours or 80
3579	quarter hours and meet the following requirements:
3580	a.  Thirty-three semester hours or 44 quarter hours of
3581	graduate coursework, which must include a minimum of 3 semester
3582	hours or 4 quarter hours of graduate-level coursework in each of
3583	the following 11 content areas: counseling theories and
3584	practice; human growth and development; diagnosis and treatment
3585	of psychopathology; human sexuality; group theories and
3586	practice; individual evaluation and assessment; career and
3587	lifestyle assessment; research and program evaluation; social
3588	and cultural foundations; counseling in community settings; and
3589	substance abuse. Courses in research, thesis or dissertation
3590	work, practicums, internships, or fieldwork may not be applied
3591	toward this requirement.
3592	b.  A minimum of 3 semester hours or 4 quarter hours of
3593	graduate-level coursework in legal, ethical, and professional
3594	standards issues in the practice of mental health counseling,
3595	which includes goals, objectives, and practices of professional
3596	counseling organizations, codes of ethics, legal considerations,
3597	standards of preparation, certifications and licensing, and the
3598	role identity and professional obligations of mental health
3599	counselors. Courses in research, thesis or dissertation work,
3600	practicums, internships, or fieldwork may not be applied toward
3601	this requirement.
3602	c.  The equivalent, as determined by the board, of at least
3603	1,000 hours of university-sponsored supervised clinical
3604	practicum, internship, or field experience as required in the
3605	accrediting standards of the Council for Accreditation of
3606	Counseling and Related Educational Programs for mental health
3607	counseling programs. This experience may not be used to satisfy
3608	the post-master's clinical experience requirement.
3609	2.  If the course title which appears on the applicant's
3610	transcript does not clearly identify the content of the
3611	coursework, the applicant shall be required to provide
3612	additional documentation, including, but not limited to, a
3613	syllabus or catalog description published for the course.
3614
3615	Education and training in mental health counseling must have
3616	been received in an institution of higher education which at the
3617	time the applicant graduated was: fully accredited by a regional
3618	accrediting body recognized by the Council for Higher Education
3619	Accreditation or the United States Department of Education, or
3620	by their successor organizations Commission on Recognition of
3621	Postsecondary Accreditation; publicly recognized as a member in
3622	good standing with the Association of Universities and Colleges
3623	of Canada; or an institution of higher education located outside
3624	the United States and Canada, which at the time the applicant
3625	was enrolled and at the time the applicant graduated maintained
3626	a standard of training substantially equivalent to the standards
3627	of training of those institutions in the United States which are
3628	accredited by a regional accrediting body recognized by the
3629	Council for Higher Education Accreditation or the United States
3630	Department of Education, or by their successor organizations
3631	Commission on Recognition of Postsecondary Accreditation. Such
3632	foreign education and training must have been received in an
3633	institution or program of higher education officially recognized
3634	by the government of the country in which it is located as an
3635	institution or program to train students to practice as mental
3636	health counselors. The burden of establishing that the
3637	requirements of this provision have been met shall be upon the
3638	applicant, and the board shall require documentation, such as,
3639	but not limited to, an evaluation by a foreign equivalency
3640	determination service, as evidence that the applicant's graduate
3641	degree program and education were equivalent to an accredited
3642	program in this country.
3643	(c)  Has had not less than 2 years of clinical experience
3644	in mental health counseling, which must be at the post-master's
3645	level under the supervision of a licensed mental health
3646	counselor or the equivalent who is a qualified supervisor as
3647	determined by the board. An individual who intends to practice
3648	in Florida to satisfy the clinical experience requirements must
3649	register pursuant to s. 491.0045 prior to commencing practice.
3650	If a graduate has a master's degree with a major related to the
3651	practice of mental health counseling that did not include all
3652	the coursework required under sub-subparagraphs (b)1.a.-b.,
3653	credit for the post-master's level clinical experience shall not
3654	commence until the applicant has completed a minimum of seven of
3655	the courses required under sub-subparagraphs (b)1.a.-b., as
3656	determined by the board, one of which must be a course in
3657	psychopathology or abnormal psychology. A doctoral internship
3658	may be applied toward the clinical experience requirement. The
3659	clinical experience requirement may be met by work performed on
3660	or off the premises of the supervising mental health counselor
3661	or the equivalent, provided that all work is performed under the
3662	direct supervision of the off-premises work is not the
3663	independent private practice rendering of services that does not
3664	have a licensed mental health professional, as determined by the
3665	board, on the premises at the same time the intern is providing
3666	services.
3667	(d)  Has passed a theory and practice examination approved
3668	provided by the board department for this purpose, which shall
3669	only be taken following completion of the clinical experience
3670	requirement.
3671	(f)  Has satisfied all coursework requirements in this
3672	section by successfully completing the required course as a
3673	student or by teaching the required graduate course as an
3674	instructor or professor in an accredited institution.
3675	Section 101.  Subsection (3) is added to section 491.006,
3676	Florida Statutes, to read:
3677	491.006  Licensure or certification by endorsement.--
3678	(3)  An applicant for licensure by endorsement as a mental
3679	health counselor who has completed the 2 years of post-master's
3680	master's clinical experience prior to completing the
3681	required course in psychopathology or abnormal psychology and
3682	has been licensed in another state for 5 of the last 6 years
3683	without being subject to disciplinary action, may be licensed by
3684	the board upon successful completion of the required course in
3685	psychopathology or abnormal psychology.
3686	Section 102.  Subsection (2) of section 491.009, Florida
3687	Statutes, is amended to read:
3688	491.009  Discipline.--
3689	(2)  The department, in the case of a certified master
3690	social worker, or, in the case of psychologists, the board, may
3691	enter an order denying licensure or imposing any of the
3692	penalties in s. 456.072(2) against any applicant for licensure
3693	or licensee who is found guilty of violating any provision of
3694	subsection (1) of this section or who is found guilty of
3695	violating any provision of s. 456.072(1).
3696	Section 103.  Paragraph (a) of subsection (4) of section
3697	491.014, Florida Statutes, is amended to read:
3698	491.014  Exemptions.--
3699	(4)  No person shall be required to be licensed,
3700	provisionally licensed, registered, or certified under this
3701	chapter who:
3702	(a)  Is a salaried employee of a government agency or a
3703	private provider contracting with a government agency for
3704	performance of the same essential services previously provided
3705	by the agency; developmental services program, mental health,
3706	alcohol, or drug abuse facility operating pursuant to chapter
3707	393, chapter 394, or chapter 397; subsidized child care program,
3708	subsidized child care case management program, or child care
3709	resource and referral program operating pursuant to chapter 402;
3710	child-placing or child-caring agency licensed pursuant to
3711	chapter 409; domestic violence center certified pursuant to
3712	chapter 39; accredited academic institution; or research
3713	institution, if such employee is performing duties for which he
3714	or she was trained and hired solely within the confines of such
3715	agency, facility, or institution, so long as the employee is not
3716	held out to the public as a clinical social worker, mental
3717	health counselor, or marriage and family therapist.
3718	Section 104.  Section 491.0145, Florida Statutes, is
3719	amended to read:
3720	491.0145  Certified master social worker.--The department
3721	may not adopt any rules that would cause any person who was not
3722	licensed as a certified master social worker in accordance with
3723	this chapter on January 1, 1990, to become licensed. The
3724	department may certify an applicant for a designation as a
3725	certified master social worker upon the following conditions:
3726	(1)  The applicant completes an application to be provided
3727	by the department and pays a nonrefundable fee not to exceed
3728	$250 to be established by rule of the department. The completed
3729	application must be received by the department at least 60 days
3730	before the date of the examination in order for the applicant to
3731	qualify to take the scheduled exam.
3732	(2)  The applicant submits proof satisfactory to the
3733	department that the applicant has received a doctoral degree in
3734	social work, or a master's degree with a major emphasis or
3735	specialty in clinical practice or administration, including, but
3736	not limited to, agency administration and supervision, program
3737	planning and evaluation, staff development, research, community
3738	organization, community services, social planning, and human
3739	service advocacy. Doctoral degrees must have been received from
3740	a graduate school of social work which at the time the applicant
3741	was enrolled and graduated was accredited by an accrediting
3742	agency approved by the United States Department of Education.
3743	Master's degrees must have been received from a graduate school
3744	of social work which at the time the applicant was enrolled and
3745	graduated was accredited by the Council on Social Work Education
3746	or the Canadian Association of Schools of Social Work or by one
3747	that meets comparable standards.
3748	(3)  The applicant has had at least 3 years' experience, as
3749	defined by rule, including, but not limited to, clinical
3750	services or administrative activities as defined in subsection
3751	(2), 2 years of which must be at the post-master's level under
3752	the supervision of a person who meets the education and
3753	experience requirements for certification as a certified master
3754	social worker, as defined by rule, or licensure as a clinical
3755	social worker under this chapter. A doctoral internship may be
3756	applied toward the supervision requirement.
3757	(4)  Any person who holds a master's degree in social work
3758	from institutions outside the United States may apply to the
3759	department for certification if the academic training in social
3760	work has been evaluated as equivalent to a degree from a school
3761	accredited by the Council on Social Work Education. Any such
3762	person shall submit a copy of the academic training from the
3763	Foreign Equivalency Determination Service of the Council on
3764	Social Work Education.
3765	(5)  The applicant has passed an examination required by
3766	the department for this purpose. The nonrefundable fee for such
3767	examination may not exceed $250 as set by department rule.
3768	(6)  Nothing in this chapter shall be construed to
3769	authorize a certified master social worker to provide clinical
3770	social work services.
3771	Section 105.  Section 491.0146, Florida Statutes, is
3772	created to read:
3773	491.0146  Saving clause.--All licenses to practice as a
3774	certified master social worker issued pursuant to this chapter
3775	and valid on October 1, 2002, shall remain in full force and
3776	effect.
3777	Section 106.  Subsection (3) of section 491.0147, Florida
3778	Statutes, is amended to read:
3779	491.0147  Confidentiality and privileged
3780	communications.--Any communication between any person licensed
3781	Any communication between any person licensed or certified under
3782	this chapter and her or his patient or client shall be
3783	confidential. This secrecy may be waived under the following
3784	conditions:
3785	(3)(a)  When there is a clear and immediate probability of
3786	physical harm to the patient or client, to other individuals, or
3787	to society and the person licensed or certified under this
3788	chapter communicates the information only to the potential
3789	victim, appropriate family member, or law enforcement or other
3790	appropriate authorities.
3791	(b)  There shall be no civil or criminal liability arising
3792	from the disclosure of otherwise confidential communications by
3793	a person licensed or certified under this chapter when the
3794	disclosure is made pursuant to paragraph (a).
3795	Section 107.  Paragraph (b) of subsection (4) of section
3796	766.314, Florida Statutes, is amended to read:
3797	766.314  Assessments; plan of operation.--
3798	(4)  The following persons and entities shall pay into the
3799	association an initial assessment in accordance with the plan of
3800	operation:
3801	(b)1.  On or before October 15, 1988, all physicians
3802	licensed pursuant to chapter 458 or chapter 459 as of October 1,
3803	1988, other than participating physicians, shall be assessed an
3804	initial assessment of $250, which must be paid no later than
3805	December 1, 1988.
3806	2.  Any such physician who becomes licensed after September
3807	30, 1988, and before January 1, 1989, shall pay into the
3808	association an initial assessment of $250 upon licensure.
3809	3.  Any such physician who becomes licensed on or after
3810	January 1, 1989, shall pay an initial assessment equal to the
3811	most recent assessment made pursuant to this paragraph,
3812	paragraph (5)(a), or paragraph (7)(b).
3813	4.  However, if the physician is a physician specified in
3814	this subparagraph, the assessment is not applicable:
3815	a.  A resident physician, assistant resident physician, or
3816	intern in an approved postgraduate training program, as defined
3817	by the Board of Medicine or the Board of Osteopathic Medicine by
3818	rule;
3819	b.  A retired physician who has withdrawn from the practice
3820	of medicine but who maintains an active license as evidenced by
3821	an affidavit filed with the Department of Health. Prior to
3822	reentering the practice of medicine in this state, a retired
3823	physician as herein defined must notify the Board of Medicine or
3824	the Board of Osteopathic Medicine and pay the appropriate
3825	assessments pursuant to this section;
3826	c.  A physician who holds a limited license pursuant to s.
3827	458.315 458.317 and who is not being compensated for medical
3828	services;
3829	d.  A physician who is employed full time by the United
3830	States Department of Veterans Affairs and whose practice is
3831	confined to United States Department of Veterans Affairs
3832	hospitals; or
3833	e.  A physician who is a member of the Armed Forces of the
3834	United States and who meets the requirements of s. 456.024.
3835	f.  A physician who is employed full time by the State of
3836	Florida and whose practice is confined to state-owned
3837	correctional institutions, a county health department, or state-
3838	owned mental health or developmental services facilities, or who
3839	is employed full time by the Department of Health.
3840	Section 108.  Paragraph (a) of subsection (2) of section
3841	817.505, Florida Statutes, is amended to read:
3842	817.505  Patient brokering prohibited; exceptions;
3843	penalties.--
3844	(2)  For the purposes of this section, the term:
3845	(a)  "Health care provider or health care facility" means
3846	any person or entity licensed, certified, or registered with the
3847	Department of Health or the Agency for Health Care
3848	Administration; any person or entity that has contracted with
3849	the Agency for Health Care Administration to provide goods or
3850	services to Medicaid recipients as provided under s. 409.907; a
3851	county health department established under part I of chapter
3852	154; any community service provider contracting with the
3853	Department of Children and Family Services to furnish alcohol,
3854	drug abuse, or mental health services under part IV of chapter
3855	394; any substance abuse service provider licensed under chapter
3856	397; or any federally supported primary care program such as a
3857	migrant or community health center authorized under ss. 329 and
3858	330 of the United States Public Health Services Act.
3859	Section 109.  Paragraph (a) of subsection (1) of section
3860	817.567, Florida Statutes, is amended to read:
3861	817.567  Making false claims of academic degree or title.--
3862	(1)  No person in the state may claim, either orally or in
3863	writing, to possess an academic degree, as defined in s.
3864	1005.02, or the title associated with said degree, unless the
3865	person has, in fact, been awarded said degree from an
3866	institution that is:
3867	(a)  Accredited by a regional or professional accrediting
3868	agency recognized by the United States Department of Education
3869	or the Council for Higher Education Commission on Recognition of
3870	Postsecondary Accreditation, or by their successor
3871	organizations;
3872	Section 110.  Subsection (13) of section 1009.992, Florida
3873	Statutes, is amended to read:
3874	1009.992  Definitions.--As used in this act:
3875	(13)  "Institution" means any college or university which,
3876	by virtue of law or charter, is accredited by and holds
3877	membership in the Council for Higher Education Commission on
3878	Recognition of Postsecondary Accreditation, or by its successor
3879	organization; which grants baccalaureate or associate degrees;
3880	which is not a pervasively sectarian institution; and which does
3881	not discriminate in the admission of students on the basis of
3882	race, color, religion, sex, or creed.
3883	Section 111.  Section 1012.46, Florida Statutes, is amended
3884	to read:
3885	1012.46  Athletic trainers.--
3886	(1)  School districts may establish and implement an
3887	athletic injuries prevention and treatment program. Central to
3888	this program should be the employment and availability of
3889	persons trained in the prevention and treatment of physical
3890	injuries which may occur during athletic activities. The program
3891	should reflect opportunities for progressive advancement and
3892	compensation in employment as provided in subsection (2) and
3893	meet certain other minimum standards developed by the Department
3894	of Education. The goal of the Legislature is to have school
3895	districts employ and have available a full-time teacher athletic
3896	trainer in each high school in the state.
3897	(2)  To the extent practicable, a school district program
3898	should include the following employment classification and
3899	advancement scheme:
3900	(a)  First responder.--To qualify as a first responder, a
3901	person must possess a professional, temporary, part-time,
3902	adjunct, or substitute certificate pursuant to s. 1012.56, be
3903	certified in cardiopulmonary resuscitation, first aid, and have
3904	15 semester hours in courses such as care and prevention of
3905	athletic injuries, anatomy, physiology, nutrition, counseling,
3906	and other similar courses approved by the Commissioner of
3907	Education. This person may only administer first aid and similar
3908	care and shall not hold themselves out to the school district or
3909	public as an athletic trainer pursuant to part XIII of chapter
3910	468.
3911	(b)  Teacher Athletic trainer.--To qualify as an a teacher
3912	athletic trainer, a person must be licensed as required by part
3913	XIII of chapter 468 and may be utilized by the school district
3914	as possess a professional, temporary, part-time, adjunct, or
3915	substitute certificate pursuant to s. 1012.35, s. 1012.56 or s.
3916	1012.57, and be licensed as required by part XIII of chapter
3917	468.
3918	Section 112.  Reactivation of license for clinical research
3919	purposes.--
3920	(1)  Any person who is licensed to practice medicine in the
3921	state and who left the practice of medicine for purposes of
3922	retirement and who, at the time of retirement, was in good
3923	standing with the board may apply to have his or her license
3924	reactivated, without examination, for purposes of solely
3925	providing medical services to patients in a clinical research
3926	setting. Such person must not have been out of the practice of
3927	medicine for more than 15 years at the time of application under
3928	this section.
3929	(2)  The board shall, by rule, set the reactivation fee,
3930	not to exceed $300.
3931	(3)  This section shall only apply to persons who meet all
3932	of the following criteria:
3933	(a)  A person of not less than 85 years of age on July 1,
3934	2004.
3935	(b)  A person who is providing medical services as part of
3936	a clinical study that has been reviewed and approved by a
3937	federal, state, or local institutional review board.
3938	(4)  This section is repealed June 30, 2005, unless
3939	reviewed and saved from repeal through reenactment by the
3940	Legislature.
3941	Section 113.  Sections 456.033, 456.034, 458.313, 458.3147,
3942	458.316, 458.3165, and 458.317, Florida Statutes, are repealed.
3943	Section 114.  Effective January 1, 2005, sections 468.356
3944	and 468.357, Florida Statutes, are repealed.
3945	Section 115.  Except as otherwise provided herein, this act
3946	shall take effect upon becoming a law.
3947
3948	================= T I T L E  A M E N D M E N T =================
3949	Remove the entire title and insert:
3950	An act relating to health professions regulation; amending
3951	ss. 381.00593, 395.0193, 395.7015, 440.13, 456.039,
3952	458.303, 458.3124, 458.319, 458.320, 458.345, 464.0205,
3953	465.0075, 465.0251, and 766.314, F.S.; correcting,
3954	conforming, or removing references; amending ss. 395.0197,
3955	400.147, and 400.423, F.S.; requiring copies of adverse
3956	incident reports to be forwarded to the Division of
3957	Medical Quality Assurance of the Department of Health;
3958	providing for costs of copying such records; amending s.
3959	395.3025, F.S.; clarifying access to patient records for
3960	patient treatment and professional disciplinary purposes;
3961	providing access for research purposes; providing for
3962	costs of copying records; revising the use of patient
3963	information for marketing purposes; amending s. 397.311,
3964	F.S.; providing that advanced registered nurse
3965	practitioners are qualified professionals; amending s.
3966	400.141, F.S.; requiring copies of records relating to
3967	nursing home residents to be provided to the department
3968	upon subpoena; amending s. 400.145, F.S.; requiring
3969	certification of copies of resident care and treatment
3970	records requested pursuant to subpoena or patient release;
3971	providing for reasonable costs of copies; amending s.
3972	400.211, F.S.; reducing inservice training hours for
3973	nursing assistants; creating s. 400.455, F.S.; requiring a
3974	certified copy of subpoenaed records of assisted living
3975	facilities under certain circumstances; amending s.
3976	400.9905, F.S.; providing definitions for different types
3977	of specialized clinics including mobile clinics and
3978	portable equipment providers, and chief financial officer;
3979	exempting certain onocology and radiation therapy from
3980	clinic licensure; providing intent for retroactive
3981	exemption; amending s. 400.991, F.S.; revising clinic
3982	licensing requirements; requiring a separate clinic
3983	license for each mobile clinic; providing certain
3984	applicants do not have to submit fingerprints; providing
3985	for retroactive operation; amending s. 400.9935, F.S.;
3986	revising clinic responsibilities; providing for chief
3987	financial officer to review clinic billings; providing for
3988	a fee; amending s. 400.995, F.S.; revising provisions
3989	providing for agency administrative penalties; authorizing
3990	denial, revocation, or suspension of licenses; requiring
3991	the Agency for Health Care Administration to refund
3992	certain licensure fees to subsequently exempted
3993	applicants; providing criteria; specifying certain clinics
3994	not in violation of certain provisions for failing to
3995	apply for a clinic license under certain circumstances;
3996	amending s. 456.005, F.S.; providing for licensee input to
3997	long-range plans for regulation of health professions;
3998	amending s. 456.011, F.S.; providing procedures to resolve
3999	differences in interpretation of practice acts by
4000	different boards; amending s. 456.012, F.S.; protecting
4001	board declaratory statements from challenge by another
4002	board; amending s. 456.013, F.S.; requiring temporary
4003	licenses to be issued according to rules; removing certain
4004	requirements for content of continuing education; amending
4005	s. 456.017, F.S.; providing for electronic posting of
4006	examination scores; providing for alternative examination
4007	procedures for certain physician assistants; creating s.
4008	456.020, F.S.; providing for content of continuing
4009	education to include domestic violence, HIV/AIDS, and
4010	prevention of medical errors; providing requirements for
4011	completion of continuing education courses; amending s.
4012	456.025, F.S.; conforming a cross reference; requiring
4013	management reports on revenue and expenditures if needed;
4014	amending s. 456.031, F.S.; requiring continuing education
4015	on domestic violence to be skills based; amending ss.
4016	456.036 and 456.037, F.S.; providing for rule to require
4017	display of license; amending s. 456.057, F.S.; providing
4018	for costs of copying records; amending s. 456.063, F.S.;
4019	providing rulemaking authority for reporting allegations
4020	of sexual misconduct; amending s. 456.072, F.S.;
4021	clarifying grounds for discipline for performing or
4022	attempting to perform health care services on the wrong
4023	patient or that are otherwise wrong or unnecessary or
4024	leaving a foreign body in the patient; providing for
4025	discipline for prescribing, administering, dispensing, or
4026	distributing certain medications without a valid
4027	professional relationship; providing for additional costs
4028	to be assessed as part of any penalty or other form of
4029	discipline; amending s. 456.073, F.S.; correcting a cross
4030	reference; extending the time to make a certain request;
4031	amending s. 456.42, F.S.; authorizing abbreviation of the
4032	month required in the date on a written drug prescription;
4033	amending s. 457.105, F.S.; providing prerequisites for
4034	training requirements for licensure to practice
4035	acupuncture; providing time period for review of
4036	application for licensure; amending s. 457.107, F.S.;
4037	revising provisions relating to renewal of licenses;
4038	providing for regulations for acupuncture, continuing
4039	education providers; amending s. 457.109, F.S.; providing
4040	for a plea of nolo contendere to certain offenses relating
4041	to the practice of acupuncture as grounds for discipline;
4042	amending ss. 458.311 and 458.315, F.S.; consolidating and
4043	revising provisions relating to requirements for licensure
4044	of physicians; amending ss. 458.331, 459.015, 460.413, and
4045	461.013, F.S.; reducing the time period for certain
4046	physicians to respond to information contained in a
4047	complaint; amending ss. 458.347 and 468.711, F.S.;
4048	deleting obsolete provisions for licensure; amending s.
4049	459.008, F.S.; providing for rules regarding continuing
4050	education for osteopathic physicians; deleting a cross
4051	reference; amending s. 459.021, F.S.; providing limit on
4052	fees for renewal of registration of resident physicians,
4053	interns, and fellows; revising elements of a crime
4054	relating to employment and reporting of such persons;
4055	amending s. 460.406, F.S.; revising the name of an
4056	accrediting agency; revising requirements for chiropractic
4057	physician licensure to allow a student in his or her final
4058	6 months of an accredited chiropractic school to apply for
4059	licensure; amending s. 461.014, F.S.; revising certain
4060	podiatry residency program requirements; amending ss.
4061	463.006, 467.009, 468.1155, 468.509, 486.031, 490.005,
4062	817.567, and 1009.992, F.S.; revising the name of an
4063	accrediting agency; amending s. 464.009, F.S.; revising
4064	provisions providing for licensure by endorsement;
4065	amending s. 464.201, F.S.; defining the scope of practice
4066	of certified nursing assistants; amending s. 464.202,
4067	F.S.; providing for rules to establish scope of practice
4068	and level of supervision for certified nursing assistants;
4069	amending s. 464.203, F.S.; clarifying requirements for
4070	criminal history checks of certified nursing assistants;
4071	reducing the hours of inservice training required each
4072	year; providing for biennial renewal of certification,
4073	including fees; amending s. 464.204, F.S.; revising a
4074	ground for disciplinary action for specificity and removal
4075	of the requirement of intentionality; amending s. 465.022,
4076	F.S.; providing additional requirements for a community
4077	pharmacy permit; requiring background checks, including
4078	fingerprints; limiting number of persons fingerprinted for
4079	large corporations; amending s. 465.023, F.S.; revising
4080	provisions for disciplinary actions for pharmacy
4081	permittees; providing grounds for suspension, revocation,
4082	or denial of a permit; amending s. 465.025, F.S.; removing
4083	requirement for each community pharmacy to have a generic
4084	drug substitution formulary; providing requirements for
4085	electronic prescriptions for brand name drugs; amending s.
4086	465.0255, F.S.; revising requirements for expiration dates
4087	of medicinal drugs; amending s. 465.026, F.S.; creating an
4088	exception to the requirements for filling or refilling a
4089	transferred prescription for a medicinal drug listed in
4090	Schedule II under ch. 893, F.S.; amending s. 465.0265,
4091	F.S.; prohibiting certain pharmacies from filling
4092	prescriptions directly to a patient or provider; amending
4093	s. 466.007, F.S.; requiring 4 years of postsecondary
4094	dental education to qualify to take the examinations to
4095	practice dental hygiene; amending s. 466.0135, F.S.;
4096	allowing for course in practice management; amending s.
4097	466.021, F.S.; increasing the time that records of work
4098	orders for unlicensed persons must be retained; amending
4099	s. 467.013, F.S.; providing for inactive licensure status
4100	for midwives pursuant to rule; deleting certain provisions
4101	to conform; amending s. 467.0135, F.S.; revising midwifery
4102	licensure status and fees; amending s. 467.017, F.S.;
4103	requiring a midwife's emergency care plan to be available
4104	to the department upon request; amending s. 468.352, F.S.;
4105	revising and providing definitions applicable to the
4106	regulation of respiratory therapy; amending s. 468.355,
4107	F.S.; revising provisions relating to respiratory therapy
4108	licensure and testing requirements; amending s. 468.368,
4109	F.S.; revising exemptions from respiratory therapy
4110	licensure requirements; amending s. 468.707, F.S.;
4111	revising name of accrediting agency; deleting a provision
4112	relating to a continuing education course on HIV/AIDS for
4113	initial licensure as an athletic trainer; amending s.
4114	468.711, F.S.; deleting certain course requirements;
4115	amending s. 468.723, F.S.; eliminating teacher trainer
4116	exemption; amending s. 480.033, F.S.; amending definitions
4117	relations to massage therapy; amending s. 480.034, F.S.;
4118	exempting certain massage therapists from premises
4119	licensure; amending s. 480.041, F.S.; revising
4120	requirements for licensure of massage therapists; removing
4121	provisions relating to apprentices; requiring rules for
4122	state colonic irrigation examination; amending ss. 480.044
4123	and 486.021, F.S., to conform; amending s. 480.046, F.S.;
4124	providing conditions for suspension or revocation of a
4125	massage establishment license; amending s. 486.051, F.S.;
4126	reducing opportunities to retake the physical therapist
4127	licensure examination; amending s. 486.081, F.S.; revising
4128	provisions for physical therapist licensure by endorsement
4129	and reactivating such a license; amending s. 486.102,
4130	F.S.; revising licensing requirements for physical
4131	therapist assistants; revising name of accrediting agency;
4132	amending s. 486.104, F.S.; reducing opportunities to
4133	retake physical therapist assistant licensure examination;
4134	amending s. 486.107, F.S.; revising provisions for
4135	physical therapist assistant licensure by endorsement and
4136	reactivating such a license; amending s. 486.109, F.S.;
4137	revising continuing education requirements; amending s.
4138	486.161, F.S.; exempting out-of-state licensed physical
4139	therapists from Florida licensure when in the state
4140	temporarily serving athletes; amending s. 491.005, F.S.;
4141	revising names of accrediting agencies; requiring direct
4142	supervision of clinical experience for licensure;
4143	requiring completion of clinical experience prior to
4144	written examination; permitting teaching of a certain
4145	course to count for successful completion; amending s.
4146	491.006, F.S.; providing for substitution of certain
4147	experience for required course; amending s. 491.009, F.S.;
4148	providing for discipline of certified master social
4149	workers by the department; amending s. 491.014, F.S.;
4150	extending employment protection to licensed psychologists
4151	and clinical counselors under certain circumstances;
4152	amending s. 491.0145, F.S.; prohibiting the licensure of a
4153	certified master social worker if not licensed before a
4154	certain date; creating s. 491.0146, F.S.; providing a
4155	saving clause for certified master social workers licensed
4156	from a certain date; amending s. 491.0147, F.S.; providing
4157	protection for disclosure; amending s. 817.505, F.S.;
4158	adding certain entities licensed by the department to
4159	those prohibited from patient brokering; amending s.
4160	1012.46, F.S.; eliminating provisions for teacher athletic
4161	trainers; allowing for certain relicensure; repealing ss.
4162	456.033, 456.034, 458.313, 458.3147, 458.316, 458.3165,
4163	and 458.317, F.S., relating to requirements for
4164	instruction on HIV/AIDS, licensure by endorsement,
4165	temporary certificate for visiting physicians, public
4166	health certificates, public psychiatry certificates, and
4167	limited licenses, respectively; repealing s. 468.356,
4168	F.S., relating to the approval of educational programs;
4169	repealing s. 468.357, F.S., relating to licensure by
4170	examination; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.