Florida Senate - 2011                      CS for CS for SB 1228
       By the Committees on Military Affairs, Space, and Domestic
       Security; and Health Regulation; and Senators Altman and Evers
       583-02939-11                                          20111228c2
    1                        A bill to be entitled                      
    2         An act relating to temporary certificates and licenses
    3         for certain health care practitioners; amending s.
    4         456.024, F.S.; providing for issuance of a temporary
    5         license to specified health care practitioners who are
    6         spouses of active duty members of the Armed Forces
    7         under certain circumstances; providing for criminal
    8         history checks; providing fees; providing for
    9         expiration of a temporary license; requiring a person
   10         who is issued a temporary license to be subject to
   11         certain general licensing requirements; providing that
   12         certain persons are ineligible for such license;
   13         providing for revocation of such license; requiring
   14         certain temporary licensees to practice under the
   15         indirect supervision of other licensees; amending ss.
   16         458.315 and 459.0076, F.S.; naming the temporary
   17         certificates issued to physicians who practice in
   18         areas of critical need after Rear Admiral LeRoy
   19         Collins, Jr.; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsection (3) is added to section 456.024,
   24  Florida Statutes, to read:
   25         456.024 Members of Armed Forces in good standing with
   26  administrative boards or the department; spouses.—
   27         (3)(a) The board, or the department if there is no board,
   28  may issue a temporary professional license to the spouse of an
   29  active duty member of the Armed Forces of the United States who
   30  submits to the department:
   31         1. A completed application upon a form prepared and
   32  furnished by the department in accordance with the board’s
   33  rules;
   34         2. The required application fee;
   35         3.Proof that the applicant is married to a member of the
   36  Armed Forces of the United States who is on active duty;
   37         4.Proof that the applicant holds a valid license for the
   38  profession issued by another state, the District of Columbia, or
   39  a possession or territory of the United States, and is not the
   40  subject of any disciplinary proceeding in any jurisdiction in
   41  which the applicant holds a license to practice a profession
   42  regulated by this chapter;
   43         5. Proof that the applicant’s spouse is assigned to a duty
   44  station in this state pursuant to the member’s official active
   45  duty military orders; and
   46         6. Proof that the applicant would otherwise be entitled to
   47  full licensure under the appropriate practice act, and is
   48  eligible to take the respective licensure examination as
   49  required in Florida.
   50         (b)The applicant must also submit to the Department of Law
   51  Enforcement a complete set of fingerprints. The Department of
   52  Law Enforcement shall conduct a statewide criminal history check
   53  and forward the fingerprints to the Federal Bureau of
   54  Investigation for a national criminal history check.
   55         (c) Each board, or the department if there is no board,
   56  shall review the results of the state and federal criminal
   57  history checks according to the level 2 screening standards in
   58  s. 435.04 when granting an exemption and when granting or
   59  denying the temporary license.
   60         (d) The applicant shall pay the cost of fingerprint
   61  processing. If the fingerprints are submitted through an
   62  authorized agency or vendor, the agency or vendor shall collect
   63  the required processing fees and remit the fees to the
   64  Department of Law Enforcement.
   65         (e)The department shall set an application fee, which may
   66  not exceed the cost of issuing the license.
   67         (f)A temporary license expires 12 months after the date of
   68  issuance and is not renewable.
   69         (g) An applicant for a temporary license under this
   70  subsection is subject to the requirements under s. 456.013(3)(a)
   71  and (c).
   72         (h) An applicant shall be deemed ineligible for a temporary
   73  license pursuant to this section if the applicant:
   74         1. Has been convicted of or pled nolo contendere to,
   75  regardless of adjudication, any felony or misdemeanor related to
   76  the practice of a health care profession;
   77         2. Has had a health care provider license revoked or
   78  suspended from another of the United States, the District of
   79  Colombia, or a United States Territory;
   80         3. Has been reported to the National Practitioner Data
   81  Bank, unless the applicant has successfully appealed to have his
   82  or her name removed from the data bank; or
   83         4. Has previously failed the Florida examination required
   84  to receive a license to practice the profession for which the
   85  applicant is seeking a license.
   86         (i) The board, or department if there is no board, may
   87  revoke a temporary license upon finding that the individual
   88  violated the profession’s governing practice act.
   89         (j) An applicant who is issued a temporary professional
   90  license to practice as a dentist pursuant to this section must
   91  practice under the indirect supervision, as defined in s.
   92  466.003, of a dentist licensed pursuant to chapter 466.
   93         Section 2. Present subsections (1) through (4) of section
   94  458.315, Florida Statutes, are renumbered as subsections (2)
   95  through (5), respectively, and a new subsection (1) is added to
   96  that section, to read:
   97         458.315 Temporary certificate for practice in areas of
   98  critical need.—
   99         (1) A certificate issued pursuant to this section may be
  100  cited as the Rear Admiral LeRoy Collins, Jr., Temporary
  101  Certificate for Practice in Areas of Critical Need.
  102         Section 3. Present subsections (1) through (4) of section
  103  459.0076, Florida Statutes, are renumbered as subsections (2)
  104  through (5), respectively, and a new subsection (1) is added to
  105  that section, to read:
  106         459.0076 Temporary certificate for practice in areas of
  107  critical need.—
  108         (1) A certificate issued pursuant to this section may be
  109  cited as the Rear Admiral LeRoy Collins, Jr., Temporary
  110  Certificate for Practice in Areas of Critical Need.
  111         Section 4. This act shall take effect July 1, 2011.