Florida Senate - 2017                             CS for SB 1578
       
       
        
       By the Committee on Health Policy; and Senator Gibson
       
       
       
       
       
       588-03387-17                                          20171578c1
    1                        A bill to be entitled                      
    2         An act relating to diabetes educators; amending s.
    3         456.001, F.S.; redefining the term “health care
    4         practitioner” to include diabetes educators; creating
    5         part XVII of ch. 468, F.S., entitled “Diabetes
    6         Educators”; providing legislative findings and intent;
    7         requiring implementation by a specified date;
    8         providing definitions; providing requirements for
    9         registration as a diabetes educator; requiring the
   10         Department of Health to renew a registration under
   11         certain circumstances; requiring the department to
   12         adopt rules for biennial renewal of registrations;
   13         requiring the department to establish specified fees;
   14         prohibiting an unregistered person from certain
   15         activities relating to diabetes self-management
   16         training; providing exemptions; authorizing the
   17         department to take disciplinary action against an
   18         applicant or registrant for specified violations;
   19         authorizing rulemaking; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (4) of section 456.001, Florida
   24  Statutes, is amended to read:
   25         456.001 Definitions.—As used in this chapter, the term:
   26         (4) “Health care practitioner” means any person licensed
   27  under chapter 457; chapter 458; chapter 459; chapter 460;
   28  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
   29  chapter 466; chapter 467; part I, part II, part III, part V,
   30  part X, part XIII, or part XIV, or part XVII of chapter 468;
   31  chapter 478; chapter 480; part III or part IV of chapter 483;
   32  chapter 484; chapter 486; chapter 490; or chapter 491.
   33         Section 2. Part XVII of chapter 468, Florida Statutes,
   34  consisting of sections 468.931 through 468.935, Florida
   35  Statutes, is created to read:
   36                              PART XVII                            
   37                         DIABETES EDUCATORS                        
   38         468.931Legislative intent; implementation.—
   39         (1) The Legislature finds that the provision of diabetes
   40  self-management training by unregistered and incompetent
   41  practitioners presents a danger to the public health and safety.
   42  Therefore, it is the intent of the Legislature to prohibit
   43  diabetes educators who fall below minimum competency standards
   44  or who otherwise present a danger to the public health and
   45  safety from providing diabetes self-management training in this
   46  state.
   47         (2) The Department of Health must implement the provisions
   48  of this part by July 1, 2018.
   49         468.932Definitions.—As used in this part, the term:
   50         (1)“Department” means the Department of Health.
   51         (2)“Diabetes educator” means a health care practitioner
   52  registered under this part who has demonstrated a comprehensive
   53  knowledge of and experience in prediabetes, diabetes prevention,
   54  and diabetes education and who provides diabetes self-management
   55  training.
   56         (3)“Diabetes self-management training” means the
   57  assessment and development of a plan of care for a person with
   58  diabetes through a collaborative process through which such
   59  person gains the knowledge and skills necessary to modify
   60  behavior and successfully self-manage the disease as provided
   61  for in the national standards published by the American Diabetes
   62  Association.
   63         468.933Requirements for registration; registration
   64  renewal.—
   65         (1)The department shall issue a registration to an
   66  applicant who has submitted to the department:
   67         (a)A completed application in a form prescribed by the
   68  department.
   69         (b)A registration fee, pursuant to s. 468.934.
   70         (c)1.Proof of certification as a Certified Diabetes
   71  Educator by the National Certification Board for Diabetes
   72  Educators or certification in Board Certified—Advanced Diabetes
   73  Management by the American Association of Diabetes Educators; or
   74         2.Proof of completion of at least 250 practice hours of
   75  diabetes education, of which at least 100 practice hours are
   76  earned in the calendar year immediately preceding application,
   77  and proof of passing the registration examination administered
   78  by the National Certification Board for Diabetes Educators; and
   79         a.Proof of licensure under chapter 456, chapter 458,
   80  chapter 459, chapter 461, chapter 463, chapter 464, chapter 465,
   81  chapter 466, part III or part X of this chapter, chapter 483,
   82  part I of chapter 484, chapter 486, chapter 490, or s. 491.0145;
   83         b.Proof of certification as a clinical exercise
   84  physiologist or Registered Clinical Exercise Physiologist by the
   85  American College of Sports Medicine; or
   86         c.Proof of a master’s degree or higher in social work from
   87  an accredited United States college or university.
   88         (2)The department shall renew a registration under this
   89  section upon receipt of a renewal application and biennial
   90  renewal fee from a registrant. The department shall adopt rules
   91  establishing a procedure for the biennial renewal of
   92  registrations under this section.
   93         468.934Fees.—The department shall establish, by rule, the
   94  following fees to be paid by a person seeking registration or
   95  registration renewal as a diabetes educator, which must be
   96  adequate to implement and administer this part:
   97         (1)A nonrefundable application fee, which may not exceed
   98  $100.
   99         (2)An initial registration fee, which may not exceed $100.
  100         (3)A biennial renewal fee, which may not exceed $80.
  101         (4)A fee for reactivation of an inactive registration,
  102  which may not exceed $135.
  103         468.935Prohibited acts; exemptions.—
  104         (1)A person may not provide diabetes self-management
  105  training, or represent himself or herself as being a diabetes
  106  educator, unless he or she is registered pursuant to this part.
  107         (2)This section does not prohibit or restrict:
  108         (a)A person licensed under chapter 456, chapter 458,
  109  chapter 459, chapter 461, chapter 463, part I of chapter 464,
  110  chapter 465, chapter 466, part III or part X of this chapter,
  111  chapter 483, part I of chapter 484, chapter 486, or chapter 490
  112  from engaging in the profession or occupation for which he or
  113  she is licensed.
  114         (b)A person employed by the federal government or any
  115  bureau, division, or agency of the federal government from
  116  discharging his or her official duties.
  117         (3)The department may take disciplinary action pursuant to
  118  s. 456.072 against an applicant or registrant and may deny,
  119  revoke, or suspend registration or registration renewal for a
  120  violation of this section.
  121         (4)The department may adopt rules to implement and
  122  administer this section.
  123         Section 3. This act shall take effect July 1, 2017.