HB 1101

1	A bill to be entitled
2	An act relating to the Nurse Licensure Compact; creating
3	ss. 464.100-464.116, F.S.; incorporating the Nurse
4	Licensure Compact into the Nurse Practice Act; providing
5	for implementation of the Nurse Licensure Compact;
6	requiring the Board of Nursing to adopt rules to conform
7	with the compact; providing legislative intent, findings,
8	and purpose; providing definitions; providing
9	jurisdiction; providing for licensure; providing for
10	adverse actions by the licensing board; providing for
11	additional authority given to licensing boards; providing
12	for a coordinated licensure information system; providing
13	for compact administration and interchange of information;
14	providing for immunity; providing for the state's ability
15	to withdraw and amend the compact; providing for
16	construction and severability; providing for an
17	implementation date to be set; amending s. 464.003, F.S.;
18	revising definitions to include the Nurse Licensure
19	Compact; amending s. 464.012, F.S.; providing for a
20	professional nurse with a multistate licensure privilege
21	from a compact state to be certified as an advanced
22	registered nurse practitioner; amending s. 464.0195, F.S.;
23	creating requirements for submission of employment data,
24	education, and other workforce information to the Board of
25	Nursing; amending s. 464.014, F.S.; creating provisions
26	for retired nurse status; amending s. 464.015, F.S.;
27	revising restrictions on use of professional titles;
28	amending s. 464.022, F.S.; providing an exception to
29	practice nursing for licensees from a compact state and
30	providing for a temporary license for successful
31	examination candidates without a social security number;
32	amending s. 464.201, F.S.; providing a definition of the
33	practice of certified nursing assistant; amending s.
34	464.202, F.S.; revising the powers and duties of the board
35	with respect to certified nursing assistants; amending s.
36	464.204, F.S.; revising grounds for disciplinary actions
37	against certified nursing assistants; providing penalties;
38	providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Sections 464.100, 464.102, 464.103, 464.104,
43	464.107, 464.108, 464.109, 464.110, 464.112, 464.113, 464.114,
44	464.115, and 464.116, Florida Statutes, are created to read:
45	464.100  Nurse Licensure Compact.--Sections 464.100-464.116
46	may be referred to as the "Nurse Licensure Compact."
47	(1)  The Nurse Licensure Compact is hereby enacted and
48	entered into with all other jurisdictions that legally join in
49	the compact, which is substantially as follows:
50	(2)  "The head of the nurse licensing board" as used to
51	define the compact administrator in s. 464.112(1) shall mean the
52	executive director of the Board of Nursing.
53	(3)  Upon the effective date of this compact, the licensing
54	board shall participate in a compact evaluation initiative,
55	designed to evaluate the effectiveness and operability of the
56	compact. Such compact evaluation initiative shall be conducted
57	by an outside researcher. A component of the evaluation shall
58	include a remote state identification system through which
59	nurses shall designate those remote states in which the nurse is
60	practicing. A nurse's practice information in such
61	identification system shall be updated upon issuance and renewal
62	of the nurse's license. The evaluation shall continue until the
63	year 2009, after which time a report shall be produced for
64	comment by the participating licensing boards and shall be
65	submitted to the legislature in the form of a Nurse Licensure
66	Compact evaluation report. The board shall by rule establish
67	requirements for submission of employment data, education, and
68	other information that may be required to evaluate the
69	effectiveness of this compact.
70	(4)  To facilitate cross-state enforcement efforts, the
71	Legislature finds that it is necessary for this state to have
72	the power to recover from the affected nurse the costs of
73	investigations and disposition of cases resulting from adverse
74	actions taken by this state against that nurse.
75	(5)  This compact is designed to facilitate the regulation
76	of nurses and does not relieve employers from complying with
77	statutorily imposed obligations.
78	(6)  This compact does not supersede existing state labor
79	laws.
80	464.102  Findings and declaration of purpose.--
81	(1)  The party states find that:
82	(a)  The health and safety of the public are affected by
83	the degree of compliance with and the effectiveness of
84	enforcement activities related to state nurse licensure laws.
85	(b)  Violations of nurse licensure and other laws
86	regulating the practice of nursing may result in injury or harm
87	to the public.
88	(c)  The expanded mobility of nurses and the use of
89	advanced communication technologies as part of our nation's
90	healthcare delivery system require greater coordination and
91	cooperation among states in the areas of nurse licensure and
92	regulation.
93	(d)  New practice modalities and technology make compliance
94	with individual state nurse licensure laws difficult and
95	complex.
96	(e)  The current system of duplicative licensure for nurses
97	practicing in multiple states is cumbersome and redundant to
98	both nurses and states.
99	(2)  The general purposes of this compact are to:
100	(a)  Facilitate the states' responsibility to protect the
101	public's health and safety.
102	(b)  Ensure and encourage the cooperation of party states
103	in the areas of nurse licensure and regulation.
104	(c)  Facilitate the exchange of information between party
105	states in the areas of nurse regulation, investigation, and
106	adverse actions.
107	(d)  Promote compliance with the laws governing the
108	practice of nursing in each jurisdiction.
109	(e)  Invest all party states with the authority to hold a
110	nurse accountable for meeting all state practice laws in the
111	state in which the patient is located at the time care is
112	rendered through the mutual recognition of party state licenses.
113	464.103  Definitions.--As used in this compact:
114	(1)  "Adverse action" means a home or remote state action.
115	(2)  "Alternative program" means a voluntary,
116	nondisciplinary monitoring program approved by a nurse licensing
117	board.
118	(3)  "Coordinated licensure information system" means an
119	integrated process for collecting, storing, and sharing
120	information on nurse licensure and enforcement activities
121	related to nurse licensure laws, which is administered by a
122	nonprofit organization composed of and controlled by state nurse
123	licensing boards.
124	(4)  "Current significant investigative information" means:
125	(a)   Investigative information that a licensing board,
126	after a preliminary inquiry that includes notification and an
127	opportunity for the nurse to respond if required by state law,
128	has reason to believe is not groundless and, if proved true,
129	would indicate more than a minor infraction; or
130	(b)  Investigative information that indicates that the
131	nurse represents an immediate threat to public health and safety
132	regardless of whether the nurse has been notified and had an
133	opportunity to respond.
134	(5)  "Home state" means the party state which is the
135	nurse's primary state of residence.
136	(6)  "Home state action" means any administrative, civil,
137	equitable, or criminal action permitted by the home state's laws
138	which are imposed on a nurse by the home state's licensing board
139	or other authority, including actions against an individual's
140	license, such as revocation, suspension, probation, or any other
141	action which affects a nurse's authorization to practice.
142	(7)  "Licensing board" means a party state's regulatory
143	body responsible for issuing nurse licenses.
144	(8)  "Multistate licensure privilege" means current,
145	official authority from a remote state permitting the practice
146	of nursing as either a registered nurse or a licensed
147	practical/vocational nurse in such party state. All party states
148	have the authority, in accordance with existing state due
149	process law, to take actions against the nurse's privilege, such
150	as revocation, suspension, probation, or any other action which
151	affects a nurse's authorization to practice.
152	(9)  "Nurse" means a registered nurse or licensed
153	practical/vocational nurse, as those terms are defined by each
154	party's state practice laws.
155	(10)  "Party state" means any state that has adopted this
156	compact.
157	(11)  "Remote state" means a party state, other than the
158	home state, where the patient is located at the time nursing
159	care is provided or, in the case of the practice of nursing not
160	involving a patient, in such party state where the recipient of
161	nursing practice is located.
162	(12)  "Remote state action" means any administrative,
163	civil, equitable, or criminal action permitted by a remote
164	state's laws which are imposed on a nurse by the remote state's
165	licensing board or other authority including actions against an
166	individual's multistate licensure privilege to practice in the
167	remote state, and cease and desist and other injunctive or
168	equitable orders issued by remote states or the licensing boards
169	thereof.
170	(13)  "State" means a state, territory, or possession of
171	the United States, the District of Columbia, or the Commonwealth
172	of Puerto Rico.
173	(14)  "State practice laws" means those individual party's
174	state laws and regulations that govern the practice of nursing,
175	define the scope of nursing practice, and create the methods and
176	grounds for imposing discipline.
177	(15)  "State practice laws" does not include the initial
178	qualifications for licensure or requirements necessary to obtain
179	and retain a license, except for qualifications or requirements
180	of the home state.
181	464.104  General provisions and jurisdiction.--
182	(1)  A license to practice registered nursing issued by a
183	home state to a resident in that state shall be recognized by
184	each party state as authorizing a multistate licensure privilege
185	to practice as a registered nurse in such party state. A license
186	to practice licensed practical/vocational nursing issued by a
187	home state to a resident in that state shall be recognized by
188	each party state as authorizing a multistate licensure privilege
189	to practice as a licensed practical/vocational nurse in such
190	party state. In order to obtain or retain a license, an
191	applicant shall meet the home state's qualifications for
192	licensure and license renewal as well as all other applicable
193	state laws.
194	(2)  Party states may, in accordance with state due process
195	laws, limit or revoke the multistate licensure privilege of any
196	nurse to practice in their state and may take any other actions
197	under their applicable state laws necessary to protect the
198	health and safety of their citizens. If a party state takes such
199	action, it shall promptly notify the administrator of the
200	coordinated licensure information system. The administrator of
201	the coordinated licensure information system shall promptly
202	notify the home state of any such actions by remote states.
203	(3)  Every nurse practicing in a party state shall comply
204	with the state practice laws of the state in which the patient
205	is located at the time care is rendered. In addition, the
206	practice of nursing is not limited to patient care, but shall
207	include all nursing practice as defined by the state practice
208	laws of a party state. The practice of nursing shall subject a
209	nurse to the jurisdiction of the nurse licensing board and the
210	courts, as well as the laws, in that party state.
211	(4)  This compact does not affect additional requirements
212	imposed by states for advanced practice registered nursing.
213	However, a multistate licensure privilege to practice registered
214	nursing granted by a party state shall be recognized by other
215	party states as a license to practice registered nursing if one
216	is required by state law as a precondition for qualifying for
217	advanced practice registered nurse authorization.
218	(5)  Individuals not residing in a party state shall
219	continue to be able to apply for nurse licensure as provided for
220	under the laws of each party state. However, the license granted
221	to these individuals shall not be recognized as granting the
222	privilege to practice nursing in any other party state unless
223	explicitly agreed to by that party state.
224	464.107  Applications for licensure in a party state.--
225	(1)  Upon application for a license, the licensing board in
226	a party state shall ascertain, through the coordinated licensure
227	information system, whether the applicant has ever held, or is
228	the holder of, a license issued by any other state, whether
229	there are any restrictions on the multistate licensure
230	privilege, and whether any other adverse action by any state has
231	been taken against the license.
232	(2)  A nurse in a party state shall hold a license in only
233	one party state at a time, issued by the home state.
234	(3)  A nurse who intends to change his or her primary state
235	of residence may apply for licensure in the new home state in
236	advance of such change. However, new licenses shall not be
237	issued by a party state until after a nurse provides evidence of
238	change in primary state of residence satisfactory to the new
239	home state's licensing board.
240	(4)  When a nurse changes primary state of residence by:
241	(a)  Moving between two party states, and obtains a license
242	from the new home state, the license from the former home state
243	is no longer valid;
244	(b)  Moving from a nonparty state to a party state, and
245	obtains a license from the new home state, the individual state
246	license issued by the nonparty state is not affected and shall
247	remain in full force if so provided by the laws of the nonparty
248	state; or
249	(c)  Moving from a party state to a nonparty state, the
250	license issued by the prior home state converts to an individual
251	state license, valid only in the former home state, without the
252	multistate licensure privilege to practice in other party
253	states.
254	464.108  Adverse actions.--In addition to the general
255	provisions described in s. 464.104, the following provisions
256	apply:
257	(1)  The licensing board of a remote state shall promptly
258	report to the administrator of the coordinated licensure
259	information system any remote state actions including the
260	factual and legal basis for such action, if known. The licensing
261	board of a remote state shall also promptly report any
262	significant current investigative information yet to result in a
263	remote state action. The administrator of the coordinated
264	licensure information system shall promptly notify the home
265	state of any such reports.
266	(2)  The licensing board of a party state shall have the
267	authority to complete any pending investigations for a nurse who
268	changes primary state of residence during the course of such
269	investigations. It shall also have the authority to take
270	appropriate action, and shall promptly report the conclusions of
271	such investigations to the administrator of the coordinated
272	licensure information system. The administrator of the
273	coordinated licensure information system shall promptly notify
274	the new home state of any such action.
275	(3)  A remote state may take adverse action affecting the
276	multistate licensure privilege to practice within that party
277	state. However, only the home state shall have the power to
278	impose adverse action against the license issued by the home
279	state.
280	(4)  For purposes of imposing adverse action, the licensing
281	board of the home state shall give the same priority and effect
282	to reported conduct received from a remote state as it would if
283	such conduct had occurred within the home state. In so doing, it
284	shall apply its own state laws to determine appropriate action.
285	(5)  The home state may take adverse action based on the
286	factual findings of the remote state, so long as each state
287	follows its own procedures for imposing such adverse action.
288	(6)  Nothing in this compact shall override a party state's
289	decision that participation in an alternative program may be
290	used in lieu of licensure action and that such participation
291	shall remain nonpublic if required by the party state's laws.
292	Party states shall require nurses who enter any alternative
293	programs to agree not to practice in any other party state
294	during the term of the alternative program without prior
295	authorization from such other party state.
296	464.109  Additional authorities invested in party state
297	nurse licensing boards.--Notwithstanding any other powers, party
298	state nurse licensing boards shall have the authority to:
299	(1)  If otherwise permitted by state law, recover from the
300	affected nurse the costs of investigations and disposition of
301	cases resulting from any adverse action taken against that
302	nurse.
303	(2)  Issue subpoenas for both hearings and investigations
304	which require the attendance and testimony of witnesses and the
305	production of evidence. Subpoenas issued by a nurse licensing
306	board in a party state for the attendance and testimony of
307	witnesses, and the production of evidence from another party
308	state, shall be enforced in the latter state by any court of
309	competent jurisdiction, according to the practice and procedure
310	of that court applicable to subpoenas issued in proceedings
311	pending before it. The issuing authority shall pay any witness
312	fees, travel expenses, mileage, and other fees required by the
313	service statutes of the state where the witnesses and evidence
314	are located.
315	(3)  Issue cease and desist orders to limit or revoke a
316	nurse's authority to practice in their state.
317	(4)  Promulgate uniform rules as provided for in s.
318	464.112(3).
319	464.110  Coordinated licensure information system.--
320	(1)  All party states shall participate in a cooperative
321	effort to create a coordinated data base of all licensed
322	registered nurses and licensed practical/vocational nurses. This
323	system shall include information on the licensure and
324	disciplinary history of each nurse, as contributed by party
325	states, to assist in the coordination of nurse licensure and
326	enforcement efforts.
327	(2)  Notwithstanding any other provision of law, all party
328	states' licensing boards shall promptly report adverse actions,
329	actions against multistate licensure privileges, any current
330	significant investigative information yet to result in adverse
331	action, denials of applications, and the reasons for such
332	denials to the coordinated licensure information system.
333	(3)  Current significant investigative information shall be
334	transmitted through the coordinated licensure information system
335	only to party state licensing boards.
336	(4)  Notwithstanding any other provision of law, all party
337	states' licensing boards contributing information to the
338	coordinated licensure information system may designate
339	information that may not be shared with nonparty states or
340	disclosed to other entities or individuals without the express
341	permission of the contributing state.
342	(5)  Any personally identifiable information obtained by a
343	party states' licensing board from the coordinated licensure
344	information system may not be shared with nonparty states or
345	disclosed to other entities or individuals except to the extent
346	permitted by the laws of the party state contributing the
347	information.
348	(6)  Any information contributed to the coordinated
349	licensure information system that is subsequently required to be
350	expunged by the laws of the party state contributing that
351	information shall also be expunged from the coordinated
352	licensure information system.
353	(7)  The compact administrators, acting jointly with each
354	other and in consultation with the administrator of the
355	coordinated licensure information system, shall formulate
356	necessary and proper procedures for the identification,
357	collection, and exchange of information under this compact.
358	464.112  Compact administration and interchange of
359	information.--
360	(1)  The head of the nurse licensing board, or his or her
361	designee, of each party state shall be the administrator of this
362	compact for his or her state.
363	(2)  The compact administrator of each party state shall
364	furnish to the compact administrator of each other party state
365	any information and documents, including, but not limited to, a
366	uniform data set of investigations, identifying information,
367	licensure data, and disclosable alternative program
368	participation information to facilitate the administration of
369	this compact.
370	(3)  Compact administrators shall have the authority to
371	develop uniform rules to facilitate and coordinate
372	implementation of this compact. These uniform rules shall be
373	adopted by party states, under the authority invested under s.
374	464.109(4).
375	464.113  Immunity.--No party state or the officers or
376	employees or agents of a party state's nurse licensing board who
377	acts in accordance with the provisions of this compact shall be
378	liable on account of any act or omission in good faith while
379	engaged in the performance of their duties under this compact.
380	Good faith in this section shall not include willful misconduct,
381	gross negligence, or recklessness.
382	464.114  Entry into force, withdrawal, and amendment.--
383	(1)  This compact shall enter into force and become
384	effective as to any state when it has been enacted into the laws
385	of that state. Any party state may withdraw from this compact by
386	enacting a statute repealing the same, but no such withdrawal
387	shall take effect until 6 months after the withdrawing state has
388	given notice of the withdrawal to the executive heads of all
389	other party states.
390	(2)  No withdrawal shall affect the validity or
391	applicability by the licensing boards of states remaining party
392	to the compact of any report of adverse action occurring prior
393	to the withdrawal.
394	(3)  Nothing contained in this compact shall be construed
395	to invalidate or prevent any nurse licensure agreement or other
396	cooperative arrangement between a party state and a nonparty
397	state that is made in accordance with the other provisions of
398	this compact.
399	(4)  This compact may be amended by the party states. No
400	amendment to this compact shall become effective and binding
401	upon the party states unless and until it is enacted into the
402	laws of all party states.
403	464.115  Construction and severability.--
404	(1)  This compact shall be liberally construed so as to
405	effectuate the purposes thereof. The provisions of this compact
406	shall be severable and if any phrase, clause, sentence, or
407	provision of this compact is declared to be contrary to the
408	constitution of any party state or of the United States or the
409	applicability thereof to any government, agency, person, or
410	circumstance is held invalid, the validity of the remainder of
411	this compact and the applicability thereof to any government,
412	agency, person, or circumstance shall not be affected thereby.
413	If this compact shall be held contrary to the constitution of
414	any state party thereto, the compact shall remain in full force
415	and effect as to the remaining party states and in full force
416	and effect as to the party state affected as to all severable
417	matters.
418	(2)  In the event party states find a need for settling
419	disputes arising under this compact:
420	(a)  The party states may submit the issues in dispute to
421	an arbitration panel which shall be comprised of an individual
422	appointed by the compact administrator in the home state; an
423	individual appointed by the compact administrator in the remote
424	state or states involved; and an individual mutually agreed upon
425	by the compact administrators of all the party states involved
426	in the dispute.
427	(b)  The decision of a majority of the arbitrators shall be
428	final and binding.
429	464.116  Implementation date of entry into the
430	compact.--The board shall set an implementation date for ss.
431	464.110-464.116 that is not later than October 1, 2006.
432	Section 2.  Subsection (8) is added to section 464.003,
433	Florida Statutes, to read:
434	464.003  Definitions.--As used in this part:
435	(8)  "Nurse Licensure Compact" or "compact" means the
436	provisions of the multistate Nurse Licensure Compact contained
437	in ss. 464.100-464.116.
438	Section 3.  Subsection (1) of section 464.012, Florida
439	Statutes, is amended to read:
440	464.012  Certification of advanced registered nurse
441	practitioners; fees.--
442	(1)  Any nurse desiring to be certified as an advanced
443	registered nurse practitioner shall apply to the department and
444	submit proof that he or she holds a current license to practice
445	professional nursing in this state or has a multistate licensure
446	privilege to practice professional nursing in a state that is a
447	member of the Nurse Licensure Compact and that he or she meets
448	one or more of the following requirements as determined by the
449	board:
450	(a)  Satisfactory completion of a formal postbasic
451	educational program of at least one academic year, the primary
452	purpose of which is to prepare nurses for advanced or
453	specialized practice.
454	(b)  Certification by an appropriate specialty board. Such
455	certification shall be required for initial state certification
456	and any recertification as a registered nurse anesthetist or
457	nurse midwife. The board may by rule provide for provisional
458	state certification of graduate nurse anesthetists and nurse
459	midwives for a period of time determined to be appropriate for
460	preparing for and passing the national certification
461	examination.
462	(c)  Graduation from a program leading to a master's degree
463	in a nursing clinical specialty area with preparation in
464	specialized practitioner skills. For applicants graduating on or
465	after October 1, 1998, graduation from a master's degree program
466	shall be required for initial certification as a nurse
467	practitioner under paragraph (4)(c). For applicants graduating
468	on or after October 1, 2001, graduation from a master's degree
469	program shall be required for initial certification as a
470	registered nurse anesthetist under paragraph (4)(a).
471	Section 4.  Subsection (4) is added to section 464.0195,
472	Florida Statutes, to read:
473	464.0195  Florida Center for Nursing; goals.--
474	(4)  The Board of Nursing shall by rule establish
475	requirements for submission of employment data, education, and
476	other workforce information which may be required at initial
477	licensure and at renewal. The board may provide a form to
478	employers to collect data on the employment of nurses practicing
479	nursing in the state on a compact state license. The board may
480	provide such workforce information to the Florida Center for
481	Nursing to assist the center in achieving the goals specified in
482	this section.
483	Section 5.  Subsection (3) is added section 464.014,
484	Florida Statutes, to read:
485	464.014  Inactive status.--
486	(3)  A registered nurse or a licensed practical nurse who
487	has retired from the practice of nursing may request and be
488	granted by the board retired nurse status, provided the nurse
489	holds a current unencumbered license to practice nursing in the
490	state and is not currently the subject of an investigation by
491	the department for possible violation of the provisions of this
492	part.
493	(a)  The scope of practice for a retired nurse shall be
494	limited to primary and preventive health care, or as further
495	defined by board rule.
496	(b)  While remaining on retired status, the nurse shall not
497	be subject to payment of the license renewal fee.
498	(c)  The nurse may use the title "Retired Registered Nurse"
499	or "Retired Licensed Practical Nurse" once issued retired
500	status.
501	(d)  A nurse whose licensure status is retired and who
502	desires to resume the practice of nursing shall apply for
503	reinstatement of a license to practice nursing and meet the same
504	reinstatement requirements for a nurse on inactive status as set
505	forth in subsections (1) and (2).
506	Section 6.  Subsections (1), (2), and (6) of section
507	464.015, Florida Statutes, are amended to read:
508	464.015  Titles and abbreviations; restrictions; penalty.--
509	(1)  Only persons who hold licenses to practice
510	professional nursing in this state or who are performing nursing
511	services pursuant to the exception set forth in s. 464.022(8),
512	(14), or (15) shall have the right to use the title "Registered
513	Nurse" and the abbreviation "R.N."
514	(2)  Only persons who hold licenses to practice as licensed
515	practical nurses in this state or who are performing practical
516	nursing services pursuant to the exception set forth in s.
517	464.022(8), (14), or (15) shall have the right to use the title
518	"Licensed Practical Nurse" and the abbreviation "L.P.N."
519	(6)  No person shall practice or advertise as, or assume
520	the title of, registered nurse, licensed practical nurse, or
521	advanced registered nurse practitioner or use the abbreviation
522	"R.N.," "L.P.N.," or "A.R.N.P." or take any other action that
523	would lead the public to believe that person was certified as
524	such or is performing nursing services pursuant to the exception
525	set forth in s. 464.022(8), (14), or (15), unless that person is
526	licensed or certified to practice as such.
527	Section 7.  Subsections (14) and (15) are added to section
528	464.022, Florida Statutes, to read:
529	464.022  Exceptions.--No provision of this part shall be
530	construed to prohibit:
531	(14)  The practice of nursing under the laws of this state
532	by an individual who is licensed in a state which is a member of
533	the Nurse Licensure Compact under ss. 464.100-464.116 and who
534	has been authorized for multistate licensure privilege to
535	practice nursing under ss. 464.100-464.116.
536	(15)  An applicant for licensure by examination who has
537	passed the licensing examination and who otherwise has met all
538	requirements in s. 464.008, but who does not have a social
539	security number at the time of application, from performing
540	nursing services in this state for a period of 1 year with a
541	temporary license issued by the board. The board may extend this
542	time for administrative purposes when necessary.
543	Section 8.  Subsection (6) is added to section 464.201,
544	Florida Statutes, to read:
545	464.201  Definitions.--As used in this part, the term:
546	(6)  "Practice of a certified nursing assistant" means
547	providing care and assisting persons with tasks relating to the
548	activities of daily living. Such tasks are those associated with
549	personal care, maintaining mobility, nutrition and hydration,
550	toileting and elimination, assistive devices, safety and
551	cleanliness, data gathering, reporting abnormal signs and
552	symptoms, postmortem care, patient socialization and reality
553	orientation, end-of-life care, CPR and emergency care,
554	residents' or patients' rights, documentation of nursing
555	assistant services, and other tasks that a certified nurse
556	assistant may perform after training beyond that required for
557	initial certification and upon validation of competence in that
558	skill by a registered nurse. This subsection shall not restrict
559	the ability of any person who is otherwise trained and educated
560	from performing such tasks.
561	Section 9.  Section 464.202, Florida Statutes, is amended
562	to read:
563	464.202  Duties and powers of the board.--The board shall
564	maintain, or contract with or approve another entity to
565	maintain, a state registry of certified nursing assistants. The
566	registry must consist of the name of each certified nursing
567	assistant in this state; other identifying information defined
568	by board rule; certification status; the effective date of
569	certification; other information required by state or federal
570	law; information regarding any crime or any abuse, neglect, or
571	exploitation as provided under chapter 435; and any disciplinary
572	action taken against the certified nursing assistant. The
573	registry shall be accessible to the public, the
574	certificateholder, employers, and other state agencies. The
575	board shall adopt by rule testing procedures for use in
576	certifying nursing assistants and shall adopt rules regulating
577	the practice of certified nursing assistants that specify the
578	scope of practice authorized and level of supervision required
579	for the practice of certified nursing assistants to enforce this
580	part. The board may contract with or approve another entity or
581	organization to provide the examination services, including the
582	development and administration of examinations. The board shall
583	require that the contract provider offer certified nursing
584	assistant applications via the Internet, and may require the
585	contract provider to accept certified nursing assistant
586	applications for processing via the Internet. The board shall
587	require the contract provider to provide the preliminary results
588	of the certified nursing examination on the date the test is
589	administered. The provider shall pay all reasonable costs and
590	expenses incurred by the board in evaluating the provider's
591	application and performance during the delivery of services,
592	including examination services and procedures for maintaining
593	the certified nursing assistant registry.
594	Section 10.  Paragraph (b) of subsection (1) of section
595	464.204, Florida Statutes, is amended to read:
596	464.204  Denial, suspension, or revocation of
597	certification; disciplinary actions.--
598	(1)  The following acts constitute grounds for which the
599	board may impose disciplinary sanctions as specified in
600	subsection (2):
601	(b)  Intentionally Violating any provision of this chapter,
602	chapter 456, or the rules adopted by the board.
603	Section 11.  This act shall take effect July 1, 2005.

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