Florida Senate - 2018                             CS for SB 1486
       
       
        
       By the Committee on Health Policy; and Senator Grimsley
       
       
       
       
       
       588-02622-18                                          20181486c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.4018, F.S.; requiring the department to adopt
    4         any rules necessary to implement a specified federal
    5         program to further encourage qualified physicians to
    6         relocate to and practice in underserved areas;
    7         amending s. 456.013, F.S.; revising health care
    8         practitioner licensure application requirements;
    9         amending s. 456.024, F.S.; revising health care
   10         practitioner licensure eligibility for certain members
   11         of the armed forces and their spouses to include
   12         licensed dentists; removing a provision requiring a
   13         certain applicant issued a temporary professional
   14         license to practice as a dentist to practice under
   15         supervision; amending s. 458.3312, F.S.; removing a
   16         provision prohibiting a physician from holding himself
   17         or herself out as a board-certified specialist in
   18         dermatology unless the recognizing agency is reviewed
   19         and reauthorized on a specified basis by the Board of
   20         Medicine; amending s. 460.408, F.S.; defining the term
   21         “contact classroom hour”; revising provisions relating
   22         to continuing chiropractic education requirements;
   23         repealing s. 460.4166, F.S., relating to registered
   24         chiropractic assistants; amending s. 464.006, F.S.;
   25         authorizing the Board of Nursing to establish certain
   26         standards of care; amending s. 464.202, F.S.;
   27         requiring the board to adopt by rule discipline and
   28         standards of care for certified nursing assistants;
   29         amending s. 464.203, F.S.; revising certification
   30         requirements for nursing assistants; amending s.
   31         464.204, F.S.; revising grounds for board-imposed
   32         disciplinary sanctions; amending s. 465.019, F.S.;
   33         requiring an institutional pharmacy to pass an onsite
   34         inspection by the department within a specified time
   35         before the issuance of an initial permit or a permit
   36         for change of location; amending s. 465.0193, F.S.;
   37         requiring a nuclear pharmacy to pass an onsite
   38         inspection by the department within a specified time
   39         before issuance of an initial permit or a permit for
   40         change of location; creating s. 465.0195, F.S.;
   41         requiring certain pharmacies and outsourcing
   42         facilities located in this state to obtain a permit in
   43         order to create, ship, mail, deliver, or dispense
   44         compounded sterile products; providing application
   45         requirements; providing inspection requirements;
   46         providing permit requirements; authorizing the Board
   47         of Pharmacy to adopt certain rules; providing
   48         applicability; amending s. 465.0196, F.S.; requiring a
   49         special pharmacy to pass an onsite inspection by the
   50         department within a specified time before the issuance
   51         of an initial permit or a permit for change of
   52         location; amending s. 465.0197, F.S.; requiring an
   53         Internet pharmacy to pass an onsite inspection by the
   54         department within a specified time before the issuance
   55         of an initial permit or a permit for change of
   56         location; amending s. 466.006, F.S.; revising certain
   57         requirements for examinations to be completed by
   58         applicants seeking dental licensure; amending s.
   59         466.007, F.S.; revising requirements for examinations
   60         of dental hygienists; amending s. 466.017, F.S.;
   61         providing adverse incident reporting requirements;
   62         defining the term “adverse incident”; providing for
   63         disciplinary action by the Board of Dentistry;
   64         authorizing the board to adopt rules; amending s.
   65         466.031, F.S.; expanding the definition of the term
   66         “dental laboratory” to include any person who performs
   67         an onsite consultation during dental procedures;
   68         amending s. 466.036, F.S.; requiring the periodic
   69         inspection of dental laboratories at least once during
   70         a specified period; amending s. 468.701, F.S.;
   71         revising a definition; amending s. 468.707, F.S.;
   72         revising athletic trainer licensure requirements;
   73         amending s. 468.711, F.S.; revising requirements for
   74         the renewal of a license relating to continuing
   75         education; amending s. 468.723, F.S.; revising a
   76         definition; amending s. 468.803, F.S.; revising
   77         orthotic, prosthetic, and pedorthic licensure,
   78         registration, and examination requirements; amending
   79         s. 480.033, F.S.; revising a definition; amending s.
   80         480.041, F.S.; revising qualifications for licensure
   81         as a massage therapist; specifying that a massage
   82         apprentice who was licensed before a specified date
   83         may continue to perform massage therapy as authorized
   84         under his or her license; authorizing a massage
   85         apprentice to apply for full licensure upon completion
   86         of the apprenticeship under certain conditions;
   87         repealing s. 480.042, F.S., relating to examinations;
   88         amending s. 480.046, F.S.; revising instances under
   89         which disciplinary action may be taken against massage
   90         establishments; prohibiting a certain disciplined
   91         massage establishment from applying for relicensure;
   92         providing an exception; amending s. 490.003, F.S.;
   93         revising definitions; amending s. 490.005, F.S.;
   94         revising examination requirements for licensure of a
   95         psychologist; amending s. 490.006, F.S.; revising
   96         requirements for licensure by endorsement of certain
   97         psychologists; amending s. 491.0045, F.S.; providing
   98         an exemption for intern registration requirements
   99         under certain circumstances; amending s. 491.005,
  100         F.S.; revising education requirements for the
  101         licensure of marriage and family therapists; revising
  102         examination requirements for the licensure of mental
  103         health counselors; amending s. 491.006, F.S.; revising
  104         requirements for licensure or certification by
  105         endorsement for certain professions; amending s.
  106         491.007, F.S.; removing a biennial intern registration
  107         fee; amending s. 491.009, F.S.; authorizing the Board
  108         of Clinical Social Work, Marriage and Family Therapy,
  109         and Mental Health Counseling, or the department under
  110         certain circumstances, to enter an order denying
  111         licensure or imposing penalties against an applicant
  112         for licensure under certain circumstances; providing
  113         penalties; amending ss. 491.0046 and 945.42, F.S.;
  114         conforming provisions to changes made by the act;
  115         providing an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Paragraph (f) of subsection (3) of section
  120  381.4018, Florida Statutes, is amended to read:
  121         381.4018 Physician workforce assessment and development.—
  122         (3) GENERAL FUNCTIONS.—The department shall maximize the
  123  use of existing programs under the jurisdiction of the
  124  department and other state agencies and coordinate governmental
  125  and nongovernmental stakeholders and resources in order to
  126  develop a state strategic plan and assess the implementation of
  127  such strategic plan. In developing the state strategic plan, the
  128  department shall:
  129         (f) Develop strategies to maximize federal and state
  130  programs that provide for the use of incentives to attract
  131  physicians to this state or retain physicians within the state.
  132  Such strategies should explore and maximize federal-state
  133  partnerships that provide incentives for physicians to practice
  134  in federally designated shortage areas. Strategies shall also
  135  consider the use of state programs, such as the Medical
  136  Education Reimbursement and Loan Repayment Program pursuant to
  137  s. 1009.65, which provide for education loan repayment or loan
  138  forgiveness and provide monetary incentives for physicians to
  139  relocate to underserved areas of the state. To further encourage
  140  qualified physicians to relocate to and practice in underserved
  141  areas, the department, following federal requirements, shall
  142  adopt any rules necessary for the implementation of the Conrad
  143  30 Waiver Program established under s. 214(1) of the Immigration
  144  and Nationality Act.
  145         Section 2. Paragraph (a) of subsection (1) of section
  146  456.013, Florida Statutes, is amended to read:
  147         456.013 Department; general licensing provisions.—
  148         (1)(a) Any person desiring to be licensed in a profession
  149  within the jurisdiction of the department shall apply to the
  150  department in writing to take the licensure examination. The
  151  application shall be made on a form prepared and furnished by
  152  the department. The application form must be available on the
  153  World Wide Web and the department may accept electronically
  154  submitted applications beginning July 1, 2001. The application
  155  shall require the social security number and date of birth of
  156  the applicant, except as provided in paragraphs (b) and (c). The
  157  form shall be supplemented as needed to reflect any material
  158  change in any circumstance or condition stated in the
  159  application which takes place between the initial filing of the
  160  application and the final grant or denial of the license and
  161  which might affect the decision of the department. If an
  162  application is submitted electronically, the department may
  163  require supplemental materials, including an original signature
  164  of the applicant and verification of credentials, to be
  165  submitted in a nonelectronic format. An incomplete application
  166  shall expire 1 year after initial filing. In order to further
  167  the economic development goals of the state, and notwithstanding
  168  any law to the contrary, the department may enter into an
  169  agreement with the county tax collector for the purpose of
  170  appointing the county tax collector as the department’s agent to
  171  accept applications for licenses and applications for renewals
  172  of licenses. The agreement must specify the time within which
  173  the tax collector must forward any applications and accompanying
  174  application fees to the department.
  175         Section 3. Paragraphs (a) and (b) of subsection (3) and
  176  paragraph (j) of subsection (4) of section 456.024, Florida
  177  Statutes, are amended to read:
  178         456.024 Members of Armed Forces in good standing with
  179  administrative boards or the department; spouses; licensure.—
  180         (3)(a) A person is eligible for licensure as a health care
  181  practitioner in this state if he or she:
  182         1. Serves or has served as a health care practitioner in
  183  the United States Armed Forces, the United States Reserve
  184  Forces, or the National Guard;
  185         2. Serves or has served on active duty with the United
  186  States Armed Forces as a health care practitioner in the United
  187  States Public Health Service; or
  188         3. Is a health care practitioner, other than a dentist, in
  189  another state, the District of Columbia, or a possession or
  190  territory of the United States and is the spouse of a person
  191  serving on active duty with the United States Armed Forces.
  192  
  193  The department shall develop an application form, and each
  194  board, or the department if there is no board, shall waive the
  195  application fee, licensure fee, and unlicensed activity fee for
  196  such applicants. For purposes of this subsection, “health care
  197  practitioner” means a health care practitioner as defined in s.
  198  456.001 and a person licensed under part III of chapter 401 or
  199  part IV of chapter 468.
  200         (b) The board, or the department if there is no board,
  201  shall issue a license to practice in this state to a person who:
  202         1. Submits a complete application.
  203         2. If he or she is a member of the United States Armed
  204  Forces, the United States Reserve Forces, or the National Guard,
  205  submits proof that he or she has received an honorable discharge
  206  within 6 months before, or will receive an honorable discharge
  207  within 6 months after, the date of submission of the
  208  application.
  209         3.a. Holds an active, unencumbered license issued by
  210  another state, the District of Columbia, or a possession or
  211  territory of the United States and who has not had disciplinary
  212  action taken against him or her in the 5 years preceding the
  213  date of submission of the application;
  214         b. Is a military health care practitioner in a profession
  215  for which licensure in a state or jurisdiction is not required
  216  to practice in the United States Armed Forces, if he or she
  217  submits to the department evidence of military training or
  218  experience substantially equivalent to the requirements for
  219  licensure in this state in that profession and evidence that he
  220  or she has obtained a passing score on the appropriate
  221  examination of a national or regional standards organization if
  222  required for licensure in this state; or
  223         c. Is the spouse of a person serving on active duty in the
  224  United States Armed Forces and is a health care practitioner in
  225  a profession, excluding dentistry, for which licensure in
  226  another state or jurisdiction is not required, if he or she
  227  submits to the department evidence of training or experience
  228  substantially equivalent to the requirements for licensure in
  229  this state in that profession and evidence that he or she has
  230  obtained a passing score on the appropriate examination of a
  231  national or regional standards organization if required for
  232  licensure in this state.
  233         4. Attests that he or she is not, at the time of submission
  234  of the application, the subject of a disciplinary proceeding in
  235  a jurisdiction in which he or she holds a license or by the
  236  United States Department of Defense for reasons related to the
  237  practice of the profession for which he or she is applying.
  238         5. Actively practiced the profession for which he or she is
  239  applying for the 3 years preceding the date of submission of the
  240  application.
  241         6. Submits a set of fingerprints for a background screening
  242  pursuant to s. 456.0135, if required for the profession for
  243  which he or she is applying.
  244  
  245  The department shall verify information submitted by the
  246  applicant under this subsection using the National Practitioner
  247  Data Bank.
  248         (4)
  249         (j)An applicant who is issued a temporary professional
  250  license to practice as a dentist pursuant to this section must
  251  practice under the indirect supervision, as defined in s.
  252  466.003, of a dentist licensed pursuant to chapter 466.
  253         Section 4. Section 458.3312, Florida Statutes, is amended
  254  to read:
  255         458.3312 Specialties.—A physician licensed under this
  256  chapter may not hold himself or herself out as a board-certified
  257  specialist unless the physician has received formal recognition
  258  as a specialist from a specialty board of the American Board of
  259  Medical Specialties or other recognizing agency that has been
  260  approved by the board. However, a physician may indicate the
  261  services offered and may state that his or her practice is
  262  limited to one or more types of services when this accurately
  263  reflects the scope of practice of the physician. A physician may
  264  not hold himself or herself out as a board-certified specialist
  265  in dermatology unless the recognizing agency, whether authorized
  266  in statute or by rule, is triennially reviewed and reauthorized
  267  by the Board of Medicine.
  268         Section 5. Subsection (1) of section 460.408, Florida
  269  Statutes, is amended to read:
  270         460.408 Continuing chiropractic education.—
  271         (1) The board shall require licensees to periodically
  272  demonstrate their professional competence as a condition of
  273  renewal of a license by completing up to 40 contact classroom
  274  hours of continuing education. For purposes of this subsection,
  275  term “contact classroom hour” means a presentation in which the
  276  persons presenting and the persons attending the course are
  277  present on site. Up to 10 general credit continuing education
  278  hours may be completed online in place of contact classroom
  279  hours, as determined by board rule. Online continuing education
  280  courses must be competency based and must use the Sharable
  281  Content Objective Reference Model standard or more stringent
  282  standards, as determined by the board.
  283         (a) Continuing education courses sponsored by chiropractic
  284  colleges whose graduates are eligible for examination under any
  285  provision of this chapter may be approved upon review by the
  286  board if all other requirements of board rules setting forth
  287  criteria for course approval are met.
  288         (b) The board shall approve those courses that build upon
  289  the basic courses required for the practice of chiropractic
  290  medicine, and the board may also approve courses in adjunctive
  291  modalities. Courses that consist of instruction in the use,
  292  application, prescription, recommendation, or administration of
  293  a specific company’s brand of products or services are not
  294  eligible for approval.
  295         Section 6. Section 460.4166, Florida Statutes, is repealed.
  296         Section 7. Section 464.006, Florida Statutes, is amended to
  297  read:
  298         464.006 Rulemaking authority.—The board may has authority
  299  to adopt rules pursuant to ss. 120.536(1) and 120.54 to
  300  implement the provisions of this part conferring duties upon it
  301  and establish standards of care.
  302         Section 8. Section 464.202, Florida Statutes, is amended to
  303  read:
  304         464.202 Duties and powers of the board.—The board shall
  305  maintain, or contract with or approve another entity to
  306  maintain, a state registry of certified nursing assistants. The
  307  registry must consist of the name of each certified nursing
  308  assistant in this state; other identifying information defined
  309  by board rule; certification status; the effective date of
  310  certification; other information required by state or federal
  311  law; information regarding any crime or any abuse, neglect, or
  312  exploitation as provided under chapter 435; and any disciplinary
  313  action taken against the certified nursing assistant. The
  314  registry shall be accessible to the public, the
  315  certificateholder, employers, and other state agencies. The
  316  board shall adopt by rule testing procedures for use in
  317  certifying nursing assistants and shall adopt rules regulating
  318  the practice of certified nursing assistants, including
  319  discipline and establishing standards of care, and specifying
  320  the scope of practice authorized and the level of supervision
  321  required for the practice of certified nursing assistants. The
  322  board may contract with or approve another entity or
  323  organization to provide the examination services, including the
  324  development and administration of examinations. The board shall
  325  require that the contract provider offer certified nursing
  326  assistant applications via the Internet, and may require the
  327  contract provider to accept certified nursing assistant
  328  applications for processing via the Internet. The board shall
  329  require the contract provider to provide the preliminary results
  330  of the certified nursing examination on the date the test is
  331  administered. The provider shall pay all reasonable costs and
  332  expenses incurred by the board in evaluating the provider’s
  333  application and performance during the delivery of services,
  334  including examination services and procedures for maintaining
  335  the certified nursing assistant registry.
  336         Section 9. Paragraph (c) of subsection (1) of section
  337  464.203, Florida Statutes, is amended to read:
  338         464.203 Certified nursing assistants; certification
  339  requirement.—
  340         (1) The board shall issue a certificate to practice as a
  341  certified nursing assistant to any person who demonstrates a
  342  minimum competency to read and write and successfully passes the
  343  required background screening pursuant to s. 400.215. If the
  344  person has successfully passed the required background screening
  345  pursuant to s. 400.215 or s. 408.809 within 90 days before
  346  applying for a certificate to practice and the person’s
  347  background screening results are not retained in the
  348  clearinghouse created under s. 435.12, the board shall waive the
  349  requirement that the applicant successfully pass an additional
  350  background screening pursuant to s. 400.215. The person must
  351  also meet one of the following requirements:
  352         (c) Is currently certified in another state or territory or
  353  the District of Columbia; is listed on that state’s certified
  354  nursing assistant registry; and has not been found to have
  355  committed abuse, neglect, or exploitation in that state.
  356         Section 10. Subsection (1) of section 464.204, Florida
  357  Statutes, is amended to read:
  358         464.204 Denial, suspension, or revocation of certification;
  359  disciplinary actions.—
  360         (1) The following acts constitute grounds for which the
  361  board may impose disciplinary sanctions as specified in
  362  subsection (2):
  363         (a) Obtaining or attempting to obtain certification or an
  364  exemption, or possessing or attempting to possess certification
  365  or a letter of exemption, by bribery, misrepresentation, deceit,
  366  or through an error of the board.
  367         (b) Intentionally Violating any provision of this chapter,
  368  chapter 456, or the rules adopted by the board.
  369         Section 11. Subsection (7) is added to section 465.019,
  370  Florida Statutes, to read:
  371         465.019 Institutional pharmacies; permits.—
  372         (7)An institutional pharmacy must pass an onsite
  373  inspection by the department as a prerequisite to the issuance
  374  of an initial permit or a permit for a change of location. The
  375  inspection must be completed within 90 days before the issuance
  376  of the permit.
  377         Section 12. Section 465.0193, Florida Statutes, is amended
  378  to read:
  379         465.0193 Nuclear pharmacy permits.—Any person desiring a
  380  permit to operate a nuclear pharmacy shall apply to the
  381  department. If the board certifies that the application complies
  382  with applicable law, the department shall issue the permit. No
  383  permit shall be issued unless a duly licensed and qualified
  384  nuclear pharmacist is designated as being responsible for
  385  activities described in s. 465.0126. A nuclear pharmacy must
  386  pass an onsite inspection by the department as a prerequisite to
  387  the issuance of an initial permit or a permit for a change of
  388  location. The inspection must be completed within 90 days before
  389  the issuance of the permit. The permittee shall notify the
  390  department within 10 days of any change of the licensed
  391  pharmacist responsible for the compounding and dispensing of
  392  nuclear pharmaceuticals.
  393         Section 13. Section 465.0195, Florida Statutes, is created
  394  to read:
  395         465.0195Pharmacy or outsourcing facility; sterile
  396  compounding permit.—Before a pharmacy or outsourcing facility
  397  located in this state dispenses, creates, delivers, ships, or
  398  mails, in any manner, a compounded sterile product, the pharmacy
  399  or outsourcing facility must hold a sterile compounding permit.
  400         (1)An application for a sterile compounding permit shall
  401  be submitted on a form furnished by the board. The board may
  402  require such information as it deems reasonably necessary to
  403  carry out the purposes of this section.
  404         (2)If the board certifies that the application complies
  405  with applicable laws and rules of the board governing
  406  pharmacies, the department shall issue the permit.
  407         (3)A pharmacy or outsourcing facility must pass an onsite
  408  inspection by the department as a prerequisite to the issuance
  409  of an initial permit or a permit for a change of location. The
  410  inspection must be completed within 90 days before the issuance
  411  of the permit. The board may adopt by rule standards for
  412  conducting an onsite inspection for issuance of a sterile
  413  compounding permit.
  414         (4)A permit may not be issued unless a licensed pharmacist
  415  is designated to undertake the professional supervision of the
  416  compounding and dispensing of all drugs dispensed by the
  417  permittee.
  418         (5)A permittee must notify the department within 10 days
  419  after any change of the licensed pharmacist under subsection
  420  (4). Each permittee that employs or otherwise uses registered
  421  pharmacy technicians shall have a written policy and procedures
  422  manual specifying those duties, tasks, and functions that a
  423  registered pharmacy technician is authorized to perform.
  424         (6)The board may adopt by rule standards of practice for
  425  sterile compounding. In adopting such rules, the board shall
  426  give due consideration to the standards and requirements
  427  provided in chapter 797 of the United States Pharmacopeia, or
  428  other professionally accepted standards deemed authoritative by
  429  the board. In adopting such rules for an outsourcing facility,
  430  the board shall consider the standards and requirements of
  431  current good manufacturing practices as set forth by federal law
  432  and any other professionally accepted standards deemed
  433  authoritative by the board.
  434         (7)All provisions relating to pharmacy permits found in
  435  ss. 465.022 and 465.023 apply to permits issued pursuant to this
  436  section.
  437         Section 14. Section 465.0196, Florida Statutes, is amended
  438  to read:
  439         465.0196 Special pharmacy permits.—Any person desiring a
  440  permit to operate a special pharmacy shall apply to the
  441  department for a special pharmacy permit. If the board certifies
  442  that the application complies with the applicable laws and rules
  443  of the board governing the practice of the profession of
  444  pharmacy, the department shall issue the permit. A special
  445  pharmacy must pass an onsite inspection by the department as a
  446  prerequisite to the issuance of an initial permit or a permit
  447  for a change of location. The inspection must be completed
  448  within 90 days before the issuance of the permit. A permit may
  449  not be issued unless a licensed pharmacist is designated to
  450  undertake the professional supervision of the compounding and
  451  dispensing of all drugs dispensed by the pharmacy. The licensed
  452  pharmacist shall be responsible for maintaining all drug records
  453  and for providing for the security of the area in the facility
  454  in which the compounding, storing, and dispensing of medicinal
  455  drugs occurs. The permittee shall notify the department within
  456  10 days after any change of the licensed pharmacist responsible
  457  for such duties. Each permittee that employs or otherwise uses
  458  registered pharmacy technicians shall have a written policy and
  459  procedures manual specifying those duties, tasks, and functions
  460  that a registered pharmacy technician is allowed to perform.
  461         Section 15. Subsection (2) of section 465.0197, Florida
  462  Statutes, is amended to read:
  463         465.0197 Internet pharmacy permits.—
  464         (2) An Internet pharmacy must obtain a permit under this
  465  section to sell medicinal drugs to persons in this state. An
  466  Internet pharmacy must pass an onsite inspection by the
  467  department as a prerequisite to the issuance of an initial
  468  permit or a permit for a change of location. The inspection must
  469  be completed within 90 days before the issuance of the permit.
  470         Section 16. Subsection (4) of section 466.006, Florida
  471  Statutes, is amended to read:
  472         466.006 Examination of dentists.—
  473         (4) Notwithstanding any other provision of law in chapter
  474  456 pertaining to the clinical dental licensure examination or
  475  national examinations, to be licensed as a dentist in this
  476  state, an applicant must successfully complete the following:
  477         (a) A written examination on the laws and rules of the
  478  state regulating the practice of dentistry;
  479         (b)1. A practical or clinical examination, which shall be
  480  the American Dental Licensing Examination produced by the
  481  American Board of Dental Examiners, Inc., or its successor
  482  entity, if any, that is administered in this state and graded by
  483  dentists licensed in this state and employed by the department
  484  for just such purpose, provided that the board has attained, and
  485  continues to maintain thereafter, representation on the board of
  486  directors of the American Board of Dental Examiners, the
  487  examination development committee of the American Board of
  488  Dental Examiners, and such other committees of the American
  489  Board of Dental Examiners as the board deems appropriate by rule
  490  to assure that the standards established herein are maintained
  491  organizationally. A passing score on the American Dental
  492  Licensing Examination administered in this state and graded by
  493  dentists who are licensed in this state is valid for 365 days
  494  after the date the official examination results are published.
  495         2.a. As an alternative to the requirements of subparagraph
  496  1., an applicant may submit scores from an American Dental
  497  Licensing Examination previously administered in a jurisdiction
  498  other than this state after October 1, 2011, and such
  499  examination results shall be recognized as valid for the purpose
  500  of licensure in this state. A passing score on the American
  501  Dental Licensing Examination administered out-of-state shall be
  502  the same as the passing score for the American Dental Licensing
  503  Examination administered in this state and graded by dentists
  504  who are licensed in this state. The examination results are
  505  valid for 365 days after the date the official examination
  506  results are published. The applicant must have completed the
  507  examination after October 1, 2011.
  508         b. This subparagraph may not be given retroactive
  509  application.
  510         3. If the date of an applicant’s passing American Dental
  511  Licensing Examination scores from an examination previously
  512  administered in a jurisdiction other than this state under
  513  subparagraph 2. is older than 365 days, then such scores shall
  514  nevertheless be recognized as valid for the purpose of licensure
  515  in this state, but only if the applicant demonstrates that all
  516  of the following additional standards have been met:
  517         a.(I) The applicant completed the American Dental Licensing
  518  Examination after October 1, 2011.
  519         (II) This sub-subparagraph may not be given retroactive
  520  application;
  521         b. The applicant graduated from a dental school accredited
  522  by the American Dental Association Commission on Dental
  523  Accreditation or its successor entity, if any, or any other
  524  dental accrediting organization recognized by the United States
  525  Department of Education. Provided, however, if the applicant did
  526  not graduate from such a dental school, the applicant may submit
  527  proof of having successfully completed a full-time supplemental
  528  general dentistry program accredited by the American Dental
  529  Association Commission on Dental Accreditation of at least 2
  530  consecutive academic years at such accredited sponsoring
  531  institution. Such program must provide didactic and clinical
  532  education at the level of a D.D.S. or D.M.D. program accredited
  533  by the American Dental Association Commission on Dental
  534  Accreditation;
  535         c. The applicant currently possesses a valid and active
  536  dental license in good standing, with no restriction, which has
  537  never been revoked, suspended, restricted, or otherwise
  538  disciplined, from another state or territory of the United
  539  States, the District of Columbia, or the Commonwealth of Puerto
  540  Rico;
  541         d. The applicant submits proof that he or she has never
  542  been reported to the National Practitioner Data Bank, the
  543  Healthcare Integrity and Protection Data Bank, or the American
  544  Association of Dental Boards Clearinghouse. This sub
  545  subparagraph does not apply if the applicant successfully
  546  appealed to have his or her name removed from the data banks of
  547  these agencies;
  548         e.(I) In the 5 years immediately preceding the date of
  549  application for licensure in this state, the applicant must
  550  submit proof of having been consecutively engaged in the full
  551  time practice of dentistry in another state or territory of the
  552  United States, the District of Columbia, or the Commonwealth of
  553  Puerto Rico, or, if the applicant has been licensed in another
  554  state or territory of the United States, the District of
  555  Columbia, or the Commonwealth of Puerto Rico for less than 5
  556  years, the applicant must submit proof of having been engaged in
  557  the full-time practice of dentistry since the date of his or her
  558  initial licensure.
  559         (II) As used in this section, “full-time practice” is
  560  defined as a minimum of 1,200 hours per year for each and every
  561  year in the consecutive 5-year period or, where applicable, the
  562  period since initial licensure, and must include any combination
  563  of the following:
  564         (A) Active clinical practice of dentistry providing direct
  565  patient care.
  566         (B) Full-time practice as a faculty member employed by a
  567  dental or dental hygiene school approved by the board or
  568  accredited by the American Dental Association Commission on
  569  Dental Accreditation.
  570         (C) Full-time practice as a student at a postgraduate
  571  dental education program approved by the board or accredited by
  572  the American Dental Association Commission on Dental
  573  Accreditation.
  574         (III) The board shall develop rules to determine what type
  575  of proof of full-time practice is required and to recoup the
  576  cost to the board of verifying full-time practice under this
  577  section. Such proof must, at a minimum, be:
  578         (A) Admissible as evidence in an administrative proceeding;
  579         (B) Submitted in writing;
  580         (C) Submitted by the applicant under oath with penalties of
  581  perjury attached;
  582         (D) Further documented by an affidavit of someone unrelated
  583  to the applicant who is familiar with the applicant’s practice
  584  and testifies with particularity that the applicant has been
  585  engaged in full-time practice; and
  586         (E) Specifically found by the board to be both credible and
  587  admissible.
  588         (IV) An affidavit of only the applicant is not acceptable
  589  proof of full-time practice unless it is further attested to by
  590  someone unrelated to the applicant who has personal knowledge of
  591  the applicant’s practice. If the board deems it necessary to
  592  assess credibility or accuracy, the board may require the
  593  applicant or the applicant’s witnesses to appear before the
  594  board and give oral testimony under oath;
  595         f. The applicant must submit documentation that he or she
  596  has completed, or will complete, prior to licensure in this
  597  state, continuing education equivalent to this state’s
  598  requirements for the last full reporting biennium;
  599         g. The applicant must prove that he or she has never been
  600  convicted of, or pled nolo contendere to, regardless of
  601  adjudication, any felony or misdemeanor related to the practice
  602  of a health care profession in any jurisdiction;
  603         h. The applicant must successfully pass a written
  604  examination on the laws and rules of this state regulating the
  605  practice of dentistry and must successfully pass the computer
  606  based diagnostic skills examination; and
  607         i. The applicant must submit documentation that he or she
  608  has successfully completed the National Board of Dental
  609  Examiners dental examination.
  610         Section 17. Paragraph (b) of subsection (4) and paragraph
  611  (a) of subsection (6) of section 466.007, Florida Statutes, are
  612  amended to read:
  613         466.007 Examination of dental hygienists.—
  614         (4) Effective July 1, 2012, to be licensed as a dental
  615  hygienist in this state, an applicant must successfully complete
  616  the following:
  617         (b) A practical or clinical examination approved by the
  618  board. The examination shall be the Dental Hygiene Examination
  619  produced by the American Board of Dental Examiners, Inc. (ADEX)
  620  or its successor entity, if any, if the board finds that the
  621  successor entity’s clinical examination meets or exceeds the
  622  provisions of this section. The board shall approve the ADEX
  623  Dental Hygiene Examination if the board has attained and
  624  continues to maintain representation on the ADEX House of
  625  Representatives, the ADEX Dental Hygiene Examination Development
  626  Committee, and such other ADEX Dental Hygiene committees as the
  627  board deems appropriate through rulemaking to ensure that the
  628  standards established in this section are maintained
  629  organizationally. The ADEX Dental Hygiene Examination or the
  630  examination produced by its successor entity is a comprehensive
  631  examination in which an applicant must demonstrate skills within
  632  the dental hygiene scope of practice on a live patient and any
  633  other components that the board deems necessary for the
  634  applicant to successfully demonstrate competency for the purpose
  635  of licensure. The ADEX Dental Hygiene Examination or the
  636  examination by the successor entity administered in this state
  637  shall be graded by dentists and dental hygienists licensed in
  638  this state who are employed by the department for this purpose.
  639         (6)(a) A passing score on the ADEX Dental Hygiene
  640  Examination administered out of state shall be considered the
  641  same as a passing score for the ADEX Dental Hygiene Examination
  642  administered in this state and graded by licensed dentists and
  643  dental hygienists.
  644         Section 18. Subsections (9) through (15) are added to
  645  section 466.017, Florida Statutes, to read:
  646         466.017 Prescription of drugs; anesthesia.—
  647         (9)Any adverse incident that occurs in an office
  648  maintained by a dentist must be reported to the department. The
  649  required notification to the department must be submitted in
  650  writing by certified mail and postmarked within 48 hours after
  651  the incident occurs.
  652         (10)A dentist practicing in this state must notify the
  653  board in writing by certified mail within 48 hours of any
  654  mortality or other adverse incident that occurs in the dentist’s
  655  outpatient facility. A complete written report must be filed
  656  with the board within 30 days after the mortality or other
  657  adverse incident.
  658         (11)For purposes of notification to the department
  659  pursuant to this section, the term “adverse incident” means any
  660  mortality that occurs during or as the result of a dental
  661  procedure, or an incident that results in a temporary or
  662  permanent physical or mental injury that requires
  663  hospitalization or emergency room treatment of a dental patient
  664  which occurred during or as a direct result of the use of
  665  anesthesia, deep sedation, moderate sedation, pediatric moderate
  666  sedation, oral sedation, minimal sedation(anxiolysis), nitrous
  667  oxide, or local anesthesia.
  668         (12)Any certified registered dental hygienist
  669  administering local anesthesia must notify the board, in writing
  670  by registered mail within 48 hours of any adverse incident that
  671  was related to or the result of the administration of local
  672  anesthesia. A complete written report must be filed with the
  673  board within 30 days after the mortality or other adverse
  674  incident.
  675         (13)A failure by the dentist or dental hygienist to timely
  676  and completely comply with all the reporting requirements in
  677  this section is the basis for disciplinary action by the board
  678  pursuant to s. 466.028(1).
  679         (14)The department shall review each incident and
  680  determine whether it involved conduct by a health care
  681  professional subject to disciplinary action, in which case s.
  682  456.073 applies. Disciplinary action, if any, shall be taken by
  683  the board under which the health care professional is licensed.
  684         (15)The board may adopt rules to administer this section.
  685         Section 19. Subsection (1) of section 466.031, Florida
  686  Statutes, is amended to read:
  687         466.031 “Dental laboratory” defined.—The term “dental
  688  laboratory” as used in this chapter:
  689         (1) Includes any person, firm, or corporation who performs
  690  for a fee of any kind, gratuitously, or otherwise, directly or
  691  through an agent or employee, by any means or method, or who in
  692  any way supplies or manufactures artificial substitutes for the
  693  natural teeth, or who furnishes, supplies, constructs, or
  694  reproduces or repairs any prosthetic denture, bridge, or
  695  appliance to be worn in the human mouth, or who provides onsite
  696  consultation during dental procedures, or who in any way holds
  697  itself out as a dental laboratory.
  698         Section 20. Section 466.036, Florida Statutes, is amended
  699  to read:
  700         466.036 Information; periodic inspections; equipment and
  701  supplies.—The department may require from the applicant for a
  702  registration certificate to operate a dental laboratory any
  703  information necessary to carry out the purpose of this chapter,
  704  including proof that the applicant has the equipment and
  705  supplies necessary to operate as determined by rule of the
  706  department, and shall require periodic inspection of all dental
  707  laboratories operating in this state at least once each biennial
  708  registration period. Such inspections shall include, but not be
  709  limited to, inspection of sanitary conditions, equipment,
  710  supplies, and facilities on the premises. The department shall
  711  specify dental equipment and supplies that are not permitted in
  712  a registered dental laboratory.
  713         Section 21. Subsection (1) of section 468.701, Florida
  714  Statutes, is amended to read:
  715         468.701 Definitions.—As used in this part, the term:
  716         (1) “Athletic trainer” means a person licensed under this
  717  part who has met the requirements under this part, including
  718  education requirements as set forth by the Commission on
  719  Accreditation of Athletic Training Education or its successor
  720  and necessary credentials from the Board of Certification. An
  721  athletic trainer must work within his or her scope of practice
  722  as established in the rules adopted by the board under s.
  723  468.705. An individual who is licensed as an athletic trainer
  724  may not otherwise provide, offer to provide, or represent that
  725  he or she is qualified to provide any care or services beyond
  726  his or her scope of practice, or that he or she lacks the
  727  education, training, or experience to provide, or that he or she
  728  is otherwise prohibited by law from providing.
  729         Section 22. Section 468.707, Florida Statutes, is amended
  730  to read:
  731         468.707 Licensure requirements.—Any person desiring to be
  732  licensed as an athletic trainer shall apply to the department on
  733  a form approved by the department. An applicant shall also
  734  provide records or other evidence, as determined by the board,
  735  to prove he or she has met the requirements of this section. The
  736  department shall license each applicant who:
  737         (1) Has completed the application form and remitted the
  738  required fees.
  739         (2) For a person who applies on or after July 1, 2016, Has
  740  submitted to background screening pursuant to s. 456.0135. The
  741  board may require a background screening for an applicant whose
  742  license has expired or who is undergoing disciplinary action.
  743         (3)(a) Has obtained a baccalaureate or higher degree from a
  744  college or university professional athletic training degree
  745  program accredited by the Commission on Accreditation of
  746  Athletic Training Education or its successor recognized and
  747  approved by the United States Department of Education or the
  748  Commission on Recognition of Postsecondary Accreditation,
  749  approved by the board, or recognized by the Board of
  750  Certification, and has passed the national examination to be
  751  certified by the Board of Certification; or.
  752         (b)(4)Has obtained, at a minimum, a bachelor’s degree and
  753  has completed the Board of Certification internship requirements
  754  and If graduated before 2004, has a current certification from
  755  the Board of Certification.
  756         (4)(5) Has current certification in both cardiopulmonary
  757  resuscitation and the use of an automated external defibrillator
  758  set forth in the continuing education requirements as determined
  759  by the board pursuant to s. 468.711.
  760         (5)(6) Has completed any other requirements as determined
  761  by the department and approved by the board.
  762         Section 23. Subsection (3) of section 468.711, Florida
  763  Statutes, is amended to read:
  764         468.711 Renewal of license; continuing education.—
  765         (3) If initially licensed after January 1, 1998, the
  766  licensee must be currently certified by the Board of
  767  Certification or its successor agency and maintain that
  768  certification in good standing without lapse.
  769         Section 24. Subsection (2) of section 468.723, Florida
  770  Statutes, is amended to read:
  771         468.723 Exemptions.—This part does not prevent or restrict:
  772         (2) An athletic training student acting under the direct
  773  supervision of a licensed athletic trainer. For purposes of this
  774  subsection, “direct supervision” means the physical presence of
  775  an athletic trainer so that the athletic trainer is immediately
  776  available to the athletic training student and able to intervene
  777  on behalf of the athletic training student. The supervision must
  778  be in accordance with rules adopted by the board the standards
  779  set forth by the Commission on Accreditation of Athletic
  780  Training Education or its successor.
  781         Section 25. Subsections (1), (3), and (4) of section
  782  468.803, Florida Statutes, are amended to read:
  783         468.803 License, registration, and examination
  784  requirements.—
  785         (1) The department shall issue a license to practice
  786  orthotics, prosthetics, or pedorthics, or a registration for a
  787  resident to practice orthotics or prosthetics, to qualified
  788  applicants. Licenses shall be granted independently in
  789  orthotics, prosthetics, or pedorthics, but a person may be
  790  licensed in more than one such discipline, and a prosthetist
  791  orthotist license may be granted to persons meeting the
  792  requirements for both a prosthetist and an orthotist license.
  793  Registrations shall be granted independently in orthotics or
  794  prosthetics, and a person may be registered in both fields at
  795  the same time or jointly in orthotics and prosthetics as a dual
  796  registration.
  797         (3) A person seeking to attain the required orthotics or
  798  prosthetics experience in this state must be approved by the
  799  board and registered as a resident by the department. Although a
  800  registration may be held in both practice fields, for
  801  independent registrations, the board shall not approve a second
  802  registration until at least 1 year after the issuance of the
  803  first registration. Notwithstanding subsection (2), an applicant
  804  for independent registrations who has been approved by the board
  805  and registered by the department in one practice field may apply
  806  for registration in the second practice field without an
  807  additional state or national criminal history check during the
  808  period in which the first registration is valid. Each
  809  independent registration or dual registration is valid for 2
  810  years from the date of issuance unless otherwise revoked by the
  811  department upon recommendation of the board. The board shall set
  812  a registration fee not to exceed $500 to be paid by the
  813  applicant. A registration may be renewed once by the department
  814  upon recommendation of the board for a period no longer than 1
  815  year, as such renewal is defined by the board by rule. The
  816  registration renewal fee shall not exceed one-half the current
  817  registration fee. To be considered by the board for approval of
  818  registration as a resident, the applicant must have:
  819         (a) A Bachelor of Science or higher-level postgraduate
  820  degree in Orthotics and Prosthetics from a regionally accredited
  821  college or university recognized by the Commission on
  822  Accreditation of Allied Health Education Programs or, at a
  823  minimum, a bachelor’s degree from a regionally accredited
  824  college or university and a certificate in orthotics from a
  825  program recognized by the Commission on Accreditation of Allied
  826  Health Education Programs, or its equivalent, as determined by
  827  the board; or
  828         (b) A Bachelor of Science or higher-level postgraduate
  829  degree in Orthotics and Prosthetics from a regionally accredited
  830  college or university recognized by the Commission on
  831  Accreditation of Allied Health Education Programs or, at a
  832  minimum, a bachelor’s degree from a regionally accredited
  833  college or university and a certificate in prosthetics from a
  834  program recognized by the Commission on Accreditation of Allied
  835  Health Education Programs, or its equivalent, as determined by
  836  the board; or
  837         (c)A Bachelor of Science or higher-level postgraduate
  838  degree in Orthotics and Prosthetics from a regionally accredited
  839  college or university recognized by the Commission on
  840  Accreditation of Allied Health Education Programs or, at a
  841  minimum, a bachelor’s degree from a regionally accredited
  842  college or university and a dual certificate in both orthotics
  843  and prosthetics from a program recognized by the Commission on
  844  Accreditation of Allied Health Education Programs, or its
  845  equivalent, as determined by the board.
  846         (4) The department may develop and administer a state
  847  examination for an orthotist or a prosthetist license, or the
  848  board may approve the existing examination of a national
  849  standards organization. The examination must be predicated on a
  850  minimum of a baccalaureate-level education and formalized
  851  specialized training in the appropriate field. Each examination
  852  must demonstrate a minimum level of competence in basic
  853  scientific knowledge, written problem solving, and practical
  854  clinical patient management. The board shall require an
  855  examination fee not to exceed the actual cost to the board in
  856  developing, administering, and approving the examination, which
  857  fee must be paid by the applicant. To be considered by the board
  858  for examination, the applicant must have:
  859         (a) For an examination in orthotics:
  860         1. A Bachelor of Science or higher-level postgraduate
  861  degree in Orthotics and Prosthetics from a regionally accredited
  862  college or university recognized by the Commission on
  863  Accreditation of Allied Health Education Programs or, at a
  864  minimum, a bachelor’s degree from a regionally accredited
  865  college or university and a certificate in orthotics from a
  866  program recognized by the Commission on Accreditation of Allied
  867  Health Education Programs, or its equivalent, as determined by
  868  the board; and
  869         2. An approved orthotics internship of 1 year of qualified
  870  experience, as determined by the board, or an orthotic residency
  871  program or a dual residency program recognized by the board.
  872         (b) For an examination in prosthetics:
  873         1. A Bachelor of Science or higher-level postgraduate
  874  degree in Orthotics and Prosthetics from a regionally accredited
  875  college or university recognized by the Commission on
  876  Accreditation of Allied Health Education Programs or, at a
  877  minimum, a bachelor’s degree from a regionally accredited
  878  college or university and a certificate in prosthetics from a
  879  program recognized by the Commission on Accreditation of Allied
  880  Health Education Programs, or its equivalent, as determined by
  881  the board; and
  882         2. An approved prosthetics internship of 1 year of
  883  qualified experience, as determined by the board, or a
  884  prosthetic residency program or dual residency program
  885  recognized by the board.
  886         Section 26. Subsection (5) of section 480.033, Florida
  887  Statutes, is amended to read:
  888         480.033 Definitions.—As used in this act:
  889         (5) “Apprentice” means a person approved by the board to
  890  study colonic irrigation massage under the instruction of a
  891  licensed massage therapist practicing colonic irrigation.
  892         Section 27. Subsections (1) and (2) of section 480.041,
  893  Florida Statutes, are amended, and subsection (8) is added to
  894  that section, to read:
  895         480.041 Massage therapists; qualifications; licensure;
  896  endorsement.—
  897         (1) Any person is qualified for licensure as a massage
  898  therapist under this act who:
  899         (a) Is at least 18 years of age or has received a high
  900  school diploma or high school equivalency diploma;
  901         (b) Has completed a course of study at a board-approved
  902  massage school or has completed an apprenticeship program that
  903  meets standards adopted by the board; and
  904         (c) Has received a passing grade on a national an
  905  examination designated administered by the board department.
  906         (2) Every person desiring to be examined for licensure as a
  907  massage therapist shall apply to the department in writing upon
  908  forms prepared and furnished by the department. Such applicants
  909  shall be subject to the provisions of s. 480.046(1). Applicants
  910  may take an examination administered by the department only upon
  911  meeting the requirements of this section as determined by the
  912  board.
  913         (8)A person issued a license as a massage apprentice
  914  before July 1, 2018, may continue that apprenticeship and
  915  perform massage therapy as authorized under that license until
  916  its expiration. Upon completion of the apprenticeship, before
  917  July 1, 2021, a massage apprentice may apply to the board for
  918  full licensure and be granted a license if all other applicable
  919  licensure requirements are met.
  920         Section 28. Section 480.042, Florida Statutes, is repealed.
  921         Section 29. Subsection (3) of section 480.046, Florida
  922  Statutes, is amended, and subsection (5) is added to that
  923  section, to read:
  924         480.046 Grounds for disciplinary action by the board.—
  925         (3) The board may shall have the power to revoke or suspend
  926  the license of a massage establishment licensed under this act,
  927  or to deny subsequent licensure of such an establishment, if the
  928  establishment is owned by an individual or entity who has had a
  929  prior establishment license revoked, in any either of the
  930  following cases:
  931         (a) Upon proof that a license has been obtained by fraud or
  932  misrepresentation.
  933         (b) Upon proof that the holder of a license is guilty of
  934  fraud or deceit or of gross negligence, incompetency, or
  935  misconduct in the operation of the establishment so licensed.
  936         (c)Upon proof that the owner of the massage establishment
  937  or any individual or individuals providing massage therapy
  938  services within the establishment, in the aggregate or
  939  individually, have had three convictions of, or pleas of guilty
  940  or nolo contendere to, or dismissals of a criminal action after
  941  a successful completion of a pretrial intervention, diversion,
  942  or substance abuse program for any misdemeanor or felony,
  943  regardless of adjudication, a crime in any jurisdiction related
  944  to prostitution and related acts as defined in s. 796.07, which
  945  occurred at or within the establishment.
  946         (5)An establishment may not apply for relicensure if
  947  disciplined under this section unless there is a change in
  948  ownership.
  949         Section 30. Subsection (3) of section 490.003, Florida
  950  Statutes, is amended to read:
  951         490.003 Definitions.—As used in this chapter:
  952         (3)(a)Prior to July 1, 1999, “doctoral-level psychological
  953  education” and “doctoral degree in psychology” mean a Psy.D., an
  954  Ed.D. in psychology, or a Ph.D. in psychology from:
  955         1.An educational institution which, at the time the
  956  applicant was enrolled and graduated, had institutional
  957  accreditation from an agency recognized and approved by the
  958  United States Department of Education or was recognized as a
  959  member in good standing with the Association of Universities and
  960  Colleges of Canada; and
  961         2.A psychology program within that educational institution
  962  which, at the time the applicant was enrolled and graduated, had
  963  programmatic accreditation from an accrediting agency recognized
  964  and approved by the United States Department of Education or was
  965  comparable to such programs.
  966         (b) Effective July 1, 1999, “doctoral-level psychological
  967  education” and “doctoral degree in psychology” mean a Psy.D., an
  968  Ed.D. in psychology, or a Ph.D. in psychology from:
  969         (a)1. An educational institution that which, at the time
  970  the applicant was enrolled and graduated, had institutional
  971  accreditation from an agency recognized and approved by the
  972  United States Department of Education or was recognized as a
  973  member in good standing with the Association of Universities and
  974  Colleges of Canada; and
  975         (b)2. A psychology program within that educational
  976  institution which, at the time the applicant was enrolled and
  977  graduated, had programmatic accreditation from the American
  978  Psychological Association an agency recognized and approved by
  979  the United States Department of Education.
  980         Section 31. Paragraph (b) of subsection (1) and paragraph
  981  (b) of subsection (2) of section 490.005, Florida Statutes, are
  982  amended to read:
  983         490.005 Licensure by examination.—
  984         (1) Any person desiring to be licensed as a psychologist
  985  shall apply to the department to take the licensure examination.
  986  The department shall license each applicant who the board
  987  certifies has:
  988         (b) Submitted proof satisfactory to the board that the
  989  applicant has:
  990         1. Received doctoral-level psychological education, as
  991  defined in s. 490.003(3); or
  992         2. Received the equivalent of a doctoral-level
  993  psychological education, as defined in s. 490.003(3), from a
  994  program at a school or university located outside the United
  995  States of America and Canada, which was officially recognized by
  996  the government of the country in which it is located as an
  997  institution or program to train students to practice
  998  professional psychology. The burden of establishing that the
  999  requirements of this provision have been met shall be upon the
 1000  applicant;
 1001         3.Received and submitted to the board, prior to July 1,
 1002  1999, certification of an augmented doctoral-level psychological
 1003  education from the program director of a doctoral-level
 1004  psychology program accredited by a programmatic agency
 1005  recognized and approved by the United States Department of
 1006  Education; or
 1007         4.Received and submitted to the board, prior to August 31,
 1008  2001, certification of a doctoral-level program that at the time
 1009  the applicant was enrolled and graduated maintained a standard
 1010  of education and training comparable to the standard of training
 1011  of programs accredited by a programmatic agency recognized and
 1012  approved by the United States Department of Education. Such
 1013  certification of comparability shall be provided by the program
 1014  director of a doctoral-level psychology program accredited by a
 1015  programmatic agency recognized and approved by the United States
 1016  Department of Education.
 1017         (2) Any person desiring to be licensed as a school
 1018  psychologist shall apply to the department to take the licensure
 1019  examination. The department shall license each applicant who the
 1020  department certifies has:
 1021         (b) Submitted satisfactory proof to the department that the
 1022  applicant:
 1023         1. Has received a doctorate, specialist, or equivalent
 1024  degree from a program primarily psychological in nature and has
 1025  completed 60 semester hours or 90 quarter hours of graduate
 1026  study, in areas related to school psychology as defined by rule
 1027  of the department, from a college or university which at the
 1028  time the applicant was enrolled and graduated was accredited by
 1029  an accrediting agency recognized and approved by the Council for
 1030  Higher Education Accreditation, its successor, Commission on
 1031  Recognition of Postsecondary Accreditation or an institution
 1032  which is publicly recognized as a member in good standing with
 1033  the Association of Universities and Colleges of Canada.
 1034         2. Has had a minimum of 3 years of experience in school
 1035  psychology, 2 years of which must be supervised by an individual
 1036  who is a licensed school psychologist or who has otherwise
 1037  qualified as a school psychologist supervisor, by education and
 1038  experience, as set forth by rule of the department. A doctoral
 1039  internship may be applied toward the supervision requirement.
 1040         3. Has passed an examination provided by the department.
 1041         Section 32. Subsection (1) of section 490.006, Florida
 1042  Statutes, is amended to read:
 1043         490.006 Licensure by endorsement.—
 1044         (1) The department shall license a person as a psychologist
 1045  or school psychologist who, upon applying to the department and
 1046  remitting the appropriate fee, demonstrates to the department
 1047  or, in the case of psychologists, to the board that the
 1048  applicant:
 1049         (a)Holds a valid license or certificate in another state
 1050  to practice psychology or school psychology, as applicable,
 1051  provided that, when the applicant secured such license or
 1052  certificate, the requirements were substantially equivalent to
 1053  or more stringent than those set forth in this chapter at that
 1054  time; and, if no Florida law existed at that time, then the
 1055  requirements in the other state must have been substantially
 1056  equivalent to or more stringent than those set forth in this
 1057  chapter at the present time;
 1058         (a)(b) Is a diplomate in good standing with the American
 1059  Board of Professional Psychology, Inc.; or
 1060         (b)(c) Possesses a doctoral degree in psychology as
 1061  described in s. 490.003 and has at least 10 20 years of
 1062  experience as a licensed psychologist in any jurisdiction or
 1063  territory of the United States within 25 years preceding the
 1064  date of application.
 1065         Section 33. Subsection (6) of section 491.0045, Florida
 1066  Statutes, as amended by chapter 2016-80 and chapter 2016-241,
 1067  Laws of Florida, is amended to read:
 1068         491.0045 Intern registration; requirements.—
 1069         (6) A registration issued on or before March 31, 2017,
 1070  expires March 31, 2022, and may not be renewed or reissued. Any
 1071  registration issued after March 31, 2017, expires 60 months
 1072  after the date it is issued. The board may make a one-time
 1073  exception from the requirements of this section in emergency or
 1074  hardship cases, as defined by board rule, if A subsequent intern
 1075  registration may not be issued unless the candidate has passed
 1076  the theory and practice examination described in s.
 1077  491.005(1)(d), (3)(d), and (4)(d).
 1078         Section 34. Subsections (3) and (4) of section 491.005,
 1079  Florida Statutes, are amended to read:
 1080         491.005 Licensure by examination.—
 1081         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1082  documentation and payment of a fee not to exceed $200, as set by
 1083  board rule, plus the actual cost to the department for the
 1084  purchase of the examination from the Association of Marital and
 1085  Family Therapy Regulatory Board, or similar national
 1086  organization, the department shall issue a license as a marriage
 1087  and family therapist to an applicant who the board certifies:
 1088         (a) Has submitted an application and paid the appropriate
 1089  fee.
 1090         (b)1. Has a minimum of a master’s degree with major
 1091  emphasis in marriage and family therapy from a program
 1092  accredited by the Commission on Accreditation for Marriage and
 1093  Family Therapy Education or from a Florida university program
 1094  accredited by the Council for Accreditation of Counseling and
 1095  Related Educational Programs, or a closely related field, and
 1096  has completed graduate courses approved by the Board of Clinical
 1097  Social Work, Marriage and Family Therapy, and Mental Health
 1098  Counseling. has completed all of the following requirements:
 1099         a.Thirty-six semester hours or 48 quarter hours of
 1100  graduate coursework, which must include a minimum of 3 semester
 1101  hours or 4 quarter hours of graduate-level course credits in
 1102  each of the following nine areas: dynamics of marriage and
 1103  family systems; marriage therapy and counseling theory and
 1104  techniques; family therapy and counseling theory and techniques;
 1105  individual human development theories throughout the life cycle;
 1106  personality theory or general counseling theory and techniques;
 1107  psychopathology; human sexuality theory and counseling
 1108  techniques; psychosocial theory; and substance abuse theory and
 1109  counseling techniques. Courses in research, evaluation,
 1110  appraisal, assessment, or testing theories and procedures;
 1111  thesis or dissertation work; or practicums, internships, or
 1112  fieldwork may not be applied toward this requirement.
 1113         b.A minimum of one graduate-level course of 3 semester
 1114  hours or 4 quarter hours in legal, ethical, and professional
 1115  standards issues in the practice of marriage and family therapy
 1116  or a course determined by the board to be equivalent.
 1117         c.A minimum of one graduate-level course of 3 semester
 1118  hours or 4 quarter hours in diagnosis, appraisal, assessment,
 1119  and testing for individual or interpersonal disorder or
 1120  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
 1121  hour graduate-level course in behavioral research which focuses
 1122  on the interpretation and application of research data as it
 1123  applies to clinical practice. Credit for thesis or dissertation
 1124  work, practicums, internships, or fieldwork may not be applied
 1125  toward this requirement.
 1126         d.A minimum of one supervised clinical practicum,
 1127  internship, or field experience in a marriage and family
 1128  counseling setting, during which the student provided 180 direct
 1129  client contact hours of marriage and family therapy services
 1130  under the supervision of an individual who met the requirements
 1131  for supervision under paragraph (c). This requirement may be met
 1132  by a supervised practice experience which took place outside the
 1133  academic arena, but which is certified as equivalent to a
 1134  graduate-level practicum or internship program which required a
 1135  minimum of 180 direct client contact hours of marriage and
 1136  family therapy services currently offered within an academic
 1137  program of a college or university accredited by an accrediting
 1138  agency approved by the United States Department of Education, or
 1139  an institution which is publicly recognized as a member in good
 1140  standing with the Association of Universities and Colleges of
 1141  Canada or a training institution accredited by the Commission on
 1142  Accreditation for Marriage and Family Therapy Education
 1143  recognized by the United States Department of Education.
 1144  Certification shall be required from an official of such
 1145  college, university, or training institution.
 1146         2. If the course title which appears on the applicant’s
 1147  transcript does not clearly identify the content of the
 1148  coursework, the applicant shall be required to provide
 1149  additional documentation, including, but not limited to, a
 1150  syllabus or catalog description published for the course.
 1151  
 1152  The required master’s degree must have been received in an
 1153  institution of higher education which at the time the applicant
 1154  graduated was: fully accredited by a regional accrediting body
 1155  recognized by the Commission on Recognition of Postsecondary
 1156  Accreditation; publicly recognized as a member in good standing
 1157  with the Association of Universities and Colleges of Canada; or
 1158  an institution of higher education located outside the United
 1159  States and Canada, which at the time the applicant was enrolled
 1160  and at the time the applicant graduated maintained a standard of
 1161  training substantially equivalent to the standards of training
 1162  of those institutions in the United States which are accredited
 1163  by a regional accrediting body recognized by the Commission on
 1164  Recognition of Postsecondary Accreditation. Such foreign
 1165  education and training must have been received in an institution
 1166  or program of higher education officially recognized by the
 1167  government of the country in which it is located as an
 1168  institution or program to train students to practice as
 1169  professional marriage and family therapists or psychotherapists.
 1170  The burden of establishing that the requirements of this
 1171  provision have been met shall be upon the applicant, and the
 1172  board shall require documentation, such as, but not limited to,
 1173  an evaluation by a foreign equivalency determination service, as
 1174  evidence that the applicant’s graduate degree program and
 1175  education were equivalent to an accredited program in this
 1176  country. An applicant with a master’s degree from a program
 1177  which did not emphasize marriage and family therapy may complete
 1178  the coursework requirement in a training institution fully
 1179  accredited by the Commission on Accreditation for Marriage and
 1180  Family Therapy Education recognized by the United States
 1181  Department of Education.
 1182         (c) Has had at least 2 years of clinical experience during
 1183  which 50 percent of the applicant’s clients were receiving
 1184  marriage and family therapy services, which must be at the post
 1185  master’s level under the supervision of a licensed marriage and
 1186  family therapist with at least 5 years of experience, or the
 1187  equivalent, who is a qualified supervisor as determined by the
 1188  board. An individual who intends to practice in Florida to
 1189  satisfy the clinical experience requirements must register
 1190  pursuant to s. 491.0045 before commencing practice. If a
 1191  graduate has a master’s degree with a major emphasis in marriage
 1192  and family therapy or a closely related field that did not
 1193  include all the coursework required under subparagraph (b)1.
 1194  sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
 1195  clinical experience shall not commence until the applicant has
 1196  completed a minimum of 10 of the courses required under
 1197  subparagraph (b)1. sub-subparagraphs (b)1.a.-c., as determined
 1198  by the board, and at least 6 semester hours or 9 quarter hours
 1199  of the course credits must have been completed in the area of
 1200  marriage and family systems, theories, or techniques. Within the
 1201  2 3 years of required experience, the applicant shall provide
 1202  direct individual, group, or family therapy and counseling, to
 1203  include the following categories of cases: unmarried dyads,
 1204  married couples, separating and divorcing couples, and family
 1205  groups including children. A doctoral internship may be applied
 1206  toward the clinical experience requirement. A licensed mental
 1207  health professional must be on the premises when clinical
 1208  services are provided by a registered intern in a private
 1209  practice setting.
 1210         (d) Has passed a theory and practice examination provided
 1211  by the department for this purpose.
 1212         (e) Has demonstrated, in a manner designated by rule of the
 1213  board, knowledge of the laws and rules governing the practice of
 1214  clinical social work, marriage and family therapy, and mental
 1215  health counseling.
 1216         (f) For the purposes of dual licensure, the department
 1217  shall license as a marriage and family therapist any person who
 1218  meets the requirements of s. 491.0057. Fees for dual licensure
 1219  shall not exceed those stated in this subsection.
 1220         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1221  documentation and payment of a fee not to exceed $200, as set by
 1222  board rule, plus the actual per applicant cost to the department
 1223  for purchase of the examination from the National Board for
 1224  Certified Counselors or its successor Professional Examination
 1225  Service for the National Academy of Certified Clinical Mental
 1226  Health Counselors or a similar national organization, the
 1227  department shall issue a license as a mental health counselor to
 1228  an applicant who the board certifies:
 1229         (a) Has submitted an application and paid the appropriate
 1230  fee.
 1231         (b)1. Has a minimum of an earned master’s degree from a
 1232  mental health counseling program accredited by the Council for
 1233  the Accreditation of Counseling and Related Educational Programs
 1234  that consists of at least 60 semester hours or 80 quarter hours
 1235  of clinical and didactic instruction, including a course in
 1236  human sexuality and a course in substance abuse. If the master’s
 1237  degree is earned from a program related to the practice of
 1238  mental health counseling that is not accredited by the Council
 1239  for the Accreditation of Counseling and Related Educational
 1240  Programs, then the coursework and practicum, internship, or
 1241  fieldwork must consist of at least 60 semester hours or 80
 1242  quarter hours and meet the following requirements:
 1243         a. Thirty-three semester hours or 44 quarter hours of
 1244  graduate coursework, which must include a minimum of 3 semester
 1245  hours or 4 quarter hours of graduate-level coursework in each of
 1246  the following 11 content areas: counseling theories and
 1247  practice; human growth and development; diagnosis and treatment
 1248  of psychopathology; human sexuality; group theories and
 1249  practice; individual evaluation and assessment; career and
 1250  lifestyle assessment; research and program evaluation; social
 1251  and cultural foundations; counseling in community settings; and
 1252  substance abuse; and legal, ethical, and professional standards
 1253  issues in the practice of mental health counseling. Courses in
 1254  research, thesis or dissertation work, practicums, internships,
 1255  or fieldwork may not be applied toward this requirement.
 1256         b. A minimum of 3 semester hours or 4 quarter hours of
 1257  graduate-level coursework addressing diagnostic processes,
 1258  including differential diagnosis and the use of the current
 1259  diagnostic tools, such as the current edition of the American
 1260  Psychiatric Association’s Diagnostic and Statistical Manual of
 1261  Mental Disorders. The graduate program must have emphasized the
 1262  common core curricular experience in legal, ethical, and
 1263  professional standards issues in the practice of mental health
 1264  counseling, which includes goals, objectives, and practices of
 1265  professional counseling organizations, codes of ethics, legal
 1266  considerations, standards of preparation, certifications and
 1267  licensing, and the role identity and professional obligations of
 1268  mental health counselors. Courses in research, thesis or
 1269  dissertation work, practicums, internships, or fieldwork may not
 1270  be applied toward this requirement.
 1271         c. The equivalent, as determined by the board, of at least
 1272  700 1,000 hours of university-sponsored supervised clinical
 1273  practicum, internship, or field experience that includes at
 1274  least 280 hours of direct client services, as required in the
 1275  accrediting standards of the Council for Accreditation of
 1276  Counseling and Related Educational Programs for mental health
 1277  counseling programs. This experience may not be used to satisfy
 1278  the post-master’s clinical experience requirement.
 1279         2. If the course title which appears on the applicant’s
 1280  transcript does not clearly identify the content of the
 1281  coursework, the applicant shall be required to provide
 1282  additional documentation, including, but not limited to, a
 1283  syllabus or catalog description published for the course.
 1284  
 1285  Education and training in mental health counseling must have
 1286  been received in an institution of higher education which at the
 1287  time the applicant graduated was: fully accredited by a regional
 1288  accrediting body recognized by the Council for Higher Education
 1289  or its successor Commission on Recognition of Postsecondary
 1290  Accreditation; publicly recognized as a member in good standing
 1291  with the Association of Universities and Colleges of Canada; or
 1292  an institution of higher education located outside the United
 1293  States and Canada, which at the time the applicant was enrolled
 1294  and at the time the applicant graduated maintained a standard of
 1295  training substantially equivalent to the standards of training
 1296  of those institutions in the United States which are accredited
 1297  by a regional accrediting body recognized by the Council for
 1298  Higher Education or its successor Commission on Recognition of
 1299  Postsecondary Accreditation. Such foreign education and training
 1300  must have been received in an institution or program of higher
 1301  education officially recognized by the government of the country
 1302  in which it is located as an institution or program to train
 1303  students to practice as mental health counselors. The burden of
 1304  establishing that the requirements of this provision have been
 1305  met shall be upon the applicant, and the board shall require
 1306  documentation, such as, but not limited to, an evaluation by a
 1307  foreign equivalency determination service, as evidence that the
 1308  applicant’s graduate degree program and education were
 1309  equivalent to an accredited program in this country. Beginning
 1310  July 1, 2024, an applicant must have a master’s degree that is
 1311  accredited by the Council for Accreditation of Counseling and
 1312  Related Educational Programs which consists of at least 60
 1313  semester hours or 80 quarter hours to apply for licensure under
 1314  this paragraph.
 1315         (c) Has had at least 2 years of clinical experience in
 1316  mental health counseling, which must be at the post-master’s
 1317  level under the supervision of a licensed mental health
 1318  counselor or the equivalent who is a qualified supervisor as
 1319  determined by the board. An individual who intends to practice
 1320  in Florida to satisfy the clinical experience requirements must
 1321  register pursuant to s. 491.0045 before commencing practice. If
 1322  a graduate has a master’s degree with a major related to the
 1323  practice of mental health counseling that did not include all
 1324  the coursework required under sub-subparagraphs (b)1.a.-b.,
 1325  credit for the post-master’s level clinical experience shall not
 1326  commence until the applicant has completed a minimum of seven of
 1327  the courses required under sub-subparagraphs (b)1.a.-b., as
 1328  determined by the board, one of which must be a course in
 1329  psychopathology or abnormal psychology. A doctoral internship
 1330  may be applied toward the clinical experience requirement. A
 1331  licensed mental health professional must be on the premises when
 1332  clinical services are provided by a registered intern in a
 1333  private practice setting.
 1334         (d) Has passed a theory and practice examination provided
 1335  by the department for this purpose.
 1336         (e) Has demonstrated, in a manner designated by rule of the
 1337  board, knowledge of the laws and rules governing the practice of
 1338  clinical social work, marriage and family therapy, and mental
 1339  health counseling.
 1340         Section 35. Paragraph (b) of subsection (1) of section
 1341  491.006, Florida Statutes, is amended to read:
 1342         491.006 Licensure or certification by endorsement.—
 1343         (1) The department shall license or grant a certificate to
 1344  a person in a profession regulated by this chapter who, upon
 1345  applying to the department and remitting the appropriate fee,
 1346  demonstrates to the board that he or she:
 1347         (b)1. Holds an active valid license to practice and has
 1348  actively practiced the profession for which licensure is applied
 1349  in another state for 3 of the last 5 years immediately preceding
 1350  licensure.
 1351         2.Meets the education requirements of this chapter for the
 1352  profession for which licensure is applied.
 1353         2.3. Has passed a substantially equivalent licensing
 1354  examination in another state or has passed the licensure
 1355  examination in this state in the profession for which the
 1356  applicant seeks licensure.
 1357         3.4. Holds a license in good standing, is not under
 1358  investigation for an act that would constitute a violation of
 1359  this chapter, and has not been found to have committed any act
 1360  that would constitute a violation of this chapter. The fees paid
 1361  by any applicant for certification as a master social worker
 1362  under this section are nonrefundable.
 1363         Section 36. Subsection (3) of section 491.007, Florida
 1364  Statutes, is amended to read:
 1365         491.007 Renewal of license, registration, or certificate.—
 1366         (3)The board or department shall prescribe by rule a
 1367  method for the biennial renewal of an intern registration at a
 1368  fee set by rule, not to exceed $100.
 1369         Section 37. Subsection (2) of section 491.009, Florida
 1370  Statutes, is amended to read:
 1371         491.009 Discipline.—
 1372         (2) The board department, or, in the case of certified
 1373  master social workers psychologists, the department board, may
 1374  enter an order denying licensure or imposing any of the
 1375  penalties in s. 456.072(2) against any applicant for licensure
 1376  or licensee who is found guilty of violating any provision of
 1377  subsection (1) of this section or who is found guilty of
 1378  violating any provision of s. 456.072(1).
 1379         Section 38. Paragraph (c) of subsection (2) of section
 1380  491.0046, Florida Statutes, is amended to read:
 1381         491.0046 Provisional license; requirements.—
 1382         (2) The department shall issue a provisional clinical
 1383  social worker license, provisional marriage and family therapist
 1384  license, or provisional mental health counselor license to each
 1385  applicant who the board certifies has:
 1386         (c) Has met the following minimum coursework requirements:
 1387         1. For clinical social work, a minimum of 15 semester hours
 1388  or 22 quarter hours of the coursework required by s.
 1389  491.005(1)(b)2.b.
 1390         2. For marriage and family therapy, 10 of the courses
 1391  required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
 1392  determined by the board, and at least 6 semester hours or 9
 1393  quarter hours of the course credits must have been completed in
 1394  the area of marriage and family systems, theories, or
 1395  techniques.
 1396         3. For mental health counseling, a minimum of seven of the
 1397  courses required under s. 491.005(4)(b)1.a.-c.
 1398         Section 39. Subsection (11) of section 945.42, Florida
 1399  Statutes, is amended to read:
 1400         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1401  945.40-945.49, the following terms shall have the meanings
 1402  ascribed to them, unless the context shall clearly indicate
 1403  otherwise:
 1404         (11) “Psychological professional” means a behavioral
 1405  practitioner who has an approved doctoral degree in psychology
 1406  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
 1407  the department or who is licensed as a psychologist pursuant to
 1408  chapter 490.
 1409         Section 40. This act shall take effect July 1, 2018.