Florida Senate - 2019 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 188
Ì114864:Î114864
576-02510-19
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Health and Human Services)
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 of Health
4 to develop strategies to maximize federal-state
5 partnerships that provide incentives for physicians to
6 practice in medically underserved or rural areas;
7 authorizing the department to adopt certain rules;
8 amending s. 456.013, F.S.; revising health care
9 practitioner licensure application requirements;
10 amending s. 458.3312, F.S.; removing a provision
11 prohibiting a physician from representing himself or
12 herself as a board-certified specialist in dermatology
13 unless the recognizing agency is reviewed and
14 reauthorized on a specified basis by the Board of
15 Medicine; amending s. 459.0055, F.S.; revising
16 licensure requirements for a person seeking licensure
17 or certification as an osteopathic physician; amending
18 s. 460.408, F.S.; defining the term “contact classroom
19 hour”; revising provisions relating to continuing
20 chiropractic education requirements; repealing s.
21 460.4166, F.S., relating to registered chiropractic
22 assistants; amending s. 464.019, F.S.; extending
23 through 2025 the Florida Center for Nursing’s
24 responsibility to study and issue an annual report on
25 the implementation of nursing education programs;
26 amending s. 464.202, F.S.; requiring the Board of
27 Nursing to adopt rules that include disciplinary
28 procedures and standards of practice for certified
29 nursing assistants; amending s. 464.203, F.S.;
30 revising certification requirements for nursing
31 assistants; amending s. 464.204, F.S.; revising
32 grounds for board-imposed disciplinary sanctions;
33 amending s. 466.006, F.S.; revising certain
34 requirements for examinations to be completed by
35 applicants seeking dental licensure; amending s.
36 466.007, F.S.; revising requirements for examinations
37 of dental hygienists; amending s. 466.017, F.S.;
38 providing adverse incident reporting requirements;
39 providing for disciplinary action by the Board of
40 Dentistry; defining the term “adverse incident”;
41 authorizing the board to adopt rules; amending s.
42 466.036, F.S.; revising inspection frequency of dental
43 laboratories during a specified period; amending s.
44 468.701, F.S.; revising the definition of the term
45 “athletic trainer” for the purpose of relocating an
46 existing requirement; amending s. 468.707, F.S.;
47 revising athletic trainer licensure requirements;
48 amending s. 468.711, F.S.; requiring certain licensees
49 to maintain certification in good standing without
50 lapse to renew their athletic trainer license;
51 amending s. 468.713, F.S.; requiring that an athletic
52 trainer work within a specified scope of practice;
53 relocating an existing requirement; amending s.
54 468.723, F.S.; requiring the direct supervision of an
55 athletic training student to be in accordance with
56 rules adopted by the Board of Athletic Training;
57 amending s. 468.803, F.S.; revising orthotic,
58 prosthetic, and pedorthic licensure, registration, and
59 examination requirements; amending s. 480.033, F.S.;
60 revising the definition of the term “apprentice”;
61 amending s. 480.041, F.S.; revising qualifications for
62 licensure as a massage therapist; specifying that a
63 massage apprentice who was licensed before a specified
64 date may continue to perform massage therapy as
65 authorized under his or her license; authorizing a
66 massage apprentice to apply for full licensure upon
67 completion of the apprenticeship under certain
68 conditions; repealing s. 480.042, F.S., relating to
69 examinations for licensure as a massage therapist;
70 amending s. 480.046, F.S.; revising instances under
71 which disciplinary action may be taken against massage
72 establishments; prohibiting certain massage
73 establishments from applying for relicensure;
74 providing an exception; amending s. 490.003, F.S.;
75 revising the definition of the terms “doctoral-level
76 psychological education” and “doctoral degree in
77 psychology”; amending s. 490.005, F.S.; revising
78 requirements for licensure by examination of
79 psychologists and school psychologists; amending s.
80 490.006, F.S.; revising requirements for licensure by
81 endorsement of psychologists and school psychologists;
82 amending s. 491.0045, F.S.; providing an exemption for
83 registration requirements for clinical social worker
84 interns, marriage and family therapist interns, and
85 mental health counselor interns under certain
86 circumstances; amending s. 491.005, F.S.; revising
87 requirements for the licensure by examination of
88 marriage and family therapists; revising examination
89 requirements for the licensure by examination of
90 mental health counselors; amending s. 491.006, F.S.;
91 revising requirements for licensure by endorsement or
92 certification for specified professions; amending s.
93 491.007, F.S.; removing a biennial intern registration
94 fee; amending s. 491.009, F.S.; authorizing the Board
95 of Clinical Social Work, Marriage and Family Therapy,
96 and Mental Health Counseling or, under certain
97 circumstances, the department to enter an order
98 denying licensure or imposing penalties against an
99 applicant for licensure under certain circumstances;
100 amending ss. 491.0046 and 945.42, F.S.; conforming
101 cross-references; providing an effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. Subsection (3) of section 381.4018, Florida
106 Statutes, is amended to read:
107 381.4018 Physician workforce assessment and development.—
108 (3) GENERAL FUNCTIONS.—The department shall maximize the
109 use of existing programs under the jurisdiction of the
110 department and other state agencies and coordinate governmental
111 and nongovernmental stakeholders and resources in order to
112 develop a state strategic plan and assess the implementation of
113 such strategic plan. In developing the state strategic plan, the
114 department shall:
115 (a) Monitor, evaluate, and report on the supply and
116 distribution of physicians licensed under chapter 458 or chapter
117 459. The department shall maintain a database to serve as a
118 statewide source of data concerning the physician workforce.
119 (b) Develop a model and quantify, on an ongoing basis, the
120 adequacy of the state’s current and future physician workforce
121 as reliable data becomes available. Such model must take into
122 account demographics, physician practice status, place of
123 education and training, generational changes, population growth,
124 economic indicators, and issues concerning the “pipeline” into
125 medical education.
126 (c) Develop and recommend strategies to determine whether
127 the number of qualified medical school applicants who might
128 become competent, practicing physicians in this state will be
129 sufficient to meet the capacity of the state’s medical schools.
130 If appropriate, the department shall, working with
131 representatives of appropriate governmental and nongovernmental
132 entities, develop strategies and recommendations and identify
133 best practice programs that introduce health care as a
134 profession and strengthen skills needed for medical school
135 admission for elementary, middle, and high school students, and
136 improve premedical education at the precollege and college level
137 in order to increase this state’s potential pool of medical
138 students.
139 (d) Develop strategies to ensure that the number of
140 graduates from the state’s public and private allopathic and
141 osteopathic medical schools is adequate to meet physician
142 workforce needs, based on the analysis of the physician
143 workforce data, so as to provide a high-quality medical
144 education to students in a manner that recognizes the uniqueness
145 of each new and existing medical school in this state.
146 (e) Pursue strategies and policies to create, expand, and
147 maintain graduate medical education positions in the state based
148 on the analysis of the physician workforce data. Such strategies
149 and policies must take into account the effect of federal
150 funding limitations on the expansion and creation of positions
151 in graduate medical education. The department shall develop
152 options to address such federal funding limitations. The
153 department shall consider options to provide direct state
154 funding for graduate medical education positions in a manner
155 that addresses requirements and needs relative to accreditation
156 of graduate medical education programs. The department shall
157 consider funding residency positions as a means of addressing
158 needed physician specialty areas, rural areas having a shortage
159 of physicians, and areas of ongoing critical need, and as a
160 means of addressing the state’s physician workforce needs based
161 on an ongoing analysis of physician workforce data.
162 (f) Develop strategies to maximize federal and state programs
163 that provide for the use of incentives to attract physicians to
164 this state or retain physicians within the state. Such
165 strategies should explore and maximize federal-state
166 partnerships that provide incentives for physicians to practice
167 in federally designated shortage areas, in otherwise medically
168 underserved areas, or in rural areas. Strategies shall also
169 consider the use of state programs, such as the Medical
170 Education Reimbursement and Loan Repayment Program pursuant to
171 s. 1009.65, which provide for education loan repayment or loan
172 forgiveness and provide monetary incentives for physicians to
173 relocate to underserved areas of the state.
174 (g) Coordinate and enhance activities relative to physician
175 workforce needs, undergraduate medical education, graduate
176 medical education, and reentry of retired military and other
177 physicians into the physician workforce provided by the Division
178 of Medical Quality Assurance, area health education center
179 networks established pursuant to s. 381.0402, and other offices
180 and programs within the department as designated by the State
181 Surgeon General.
182 (h) Work in conjunction with and act as a coordinating body
183 for governmental and nongovernmental stakeholders to address
184 matters relating to the state’s physician workforce assessment
185 and development for the purpose of ensuring an adequate supply
186 of well-trained physicians to meet the state’s future needs.
187 Such governmental stakeholders shall include, but need not be
188 limited to, the State Surgeon General or his or her designee,
189 the Commissioner of Education or his or her designee, the
190 Secretary of Health Care Administration or his or her designee,
191 and the Chancellor of the State University System or his or her
192 designee, and, at the discretion of the department, other
193 representatives of state and local agencies that are involved in
194 assessing, educating, or training the state’s current or future
195 physicians. Other stakeholders shall include, but need not be
196 limited to, organizations representing the state’s public and
197 private allopathic and osteopathic medical schools;
198 organizations representing hospitals and other institutions
199 providing health care, particularly those that currently provide
200 or have an interest in providing accredited medical education
201 and graduate medical education to medical students and medical
202 residents; organizations representing allopathic and osteopathic
203 practicing physicians; and, at the discretion of the department,
204 representatives of other organizations or entities involved in
205 assessing, educating, or training the state’s current or future
206 physicians.
207 (i) Serve as a liaison with other states and federal
208 agencies and programs in order to enhance resources available to
209 the state’s physician workforce and medical education continuum.
210 (j) Act as a clearinghouse for collecting and disseminating
211 information concerning the physician workforce and medical
212 education continuum in this state.
213
214 The department may adopt rules to implement this subsection,
215 including rules to establish guidelines to implement the federal
216 Conrad 30 Waiver Program created under s. 214(1) of the
217 Immigration and Nationality Act.
218 Section 2. Paragraph (a) of subsection (1) of section
219 456.013, Florida Statutes, is amended to read:
220 456.013 Department; general licensing provisions.—
221 (1)(a) Any person desiring to be licensed in a profession
222 within the jurisdiction of the department shall apply to the
223 department in writing to take the licensure examination. The
224 application shall be made on a form prepared and furnished by
225 the department. The application form must be available on the
226 Internet, World Wide Web and the department may accept
227 electronically submitted applications. The application shall
228 require the social security number and date of birth of the
229 applicant, except as provided in paragraphs (b) and (c). The
230 form shall be supplemented as needed to reflect any material
231 change in any circumstance or condition stated in the
232 application which takes place between the initial filing of the
233 application and the final grant or denial of the license and
234 which might affect the decision of the department. If an
235 application is submitted electronically, the department may
236 require supplemental materials, including an original signature
237 of the applicant and verification of credentials, to be
238 submitted in a nonelectronic format. An incomplete application
239 shall expire 1 year after initial filing. In order to further
240 the economic development goals of the state, and notwithstanding
241 any law to the contrary, the department may enter into an
242 agreement with the county tax collector for the purpose of
243 appointing the county tax collector as the department’s agent to
244 accept applications for licenses and applications for renewals
245 of licenses. The agreement must specify the time within which
246 the tax collector must forward any applications and accompanying
247 application fees to the department.
248 Section 3. Section 458.3312, Florida Statutes, is amended
249 to read:
250 458.3312 Specialties.—A physician licensed under this
251 chapter may not hold himself or herself out as a board-certified
252 specialist unless the physician has received formal recognition
253 as a specialist from a specialty board of the American Board of
254 Medical Specialties or other recognizing agency that has been
255 approved by the board. However, a physician may indicate the
256 services offered and may state that his or her practice is
257 limited to one or more types of services when this accurately
258 reflects the scope of practice of the physician. A physician may
259 not hold himself or herself out as a board-certified specialist
260 in dermatology unless the recognizing agency, whether authorized
261 in statute or by rule, is triennially reviewed and reauthorized
262 by the Board of Medicine.
263 Section 4. Subsection (1) of section 459.0055, Florida
264 Statutes, is amended to read:
265 459.0055 General licensure requirements.—
266 (1) Except as otherwise provided herein, any person
267 desiring to be licensed or certified as an osteopathic physician
268 pursuant to this chapter shall:
269 (a) Complete an application form and submit the appropriate
270 fee to the department;
271 (b) Be at least 21 years of age;
272 (c) Be of good moral character;
273 (d) Have completed at least 3 years of preprofessional
274 postsecondary education;
275 (e) Have not previously committed any act that would
276 constitute a violation of this chapter, unless the board
277 determines that such act does not adversely affect the
278 applicant’s present ability and fitness to practice osteopathic
279 medicine;
280 (f) Not be under investigation in any jurisdiction for an
281 act that would constitute a violation of this chapter. If, upon
282 completion of such investigation, it is determined that the
283 applicant has committed an act that would constitute a violation
284 of this chapter, the applicant is ineligible for licensure
285 unless the board determines that such act does not adversely
286 affect the applicant’s present ability and fitness to practice
287 osteopathic medicine;
288 (g) Have not had an application for a license to practice
289 osteopathic medicine denied or a license to practice osteopathic
290 medicine revoked, suspended, or otherwise acted against by the
291 licensing authority of any jurisdiction unless the board
292 determines that the grounds on which such action was taken do
293 not adversely affect the applicant’s present ability and fitness
294 to practice osteopathic medicine. A licensing authority’s
295 acceptance of a physician’s relinquishment of license,
296 stipulation, consent order, or other settlement, offered in
297 response to or in anticipation of the filing of administrative
298 charges against the osteopathic physician, shall be considered
299 action against the osteopathic physician’s license;
300 (h) Not have received less than a satisfactory evaluation
301 from an internship, residency, or fellowship training program,
302 unless the board determines that such act does not adversely
303 affect the applicant’s present ability and fitness to practice
304 osteopathic medicine. Such evaluation shall be provided by the
305 director of medical education from the medical training
306 facility;
307 (i) Have met the criteria set forth in s. 459.0075, s.
308 459.0077, or s. 459.021, whichever is applicable;
309 (j) Submit to the department a set of fingerprints on a
310 form and under procedures specified by the department, along
311 with a payment in an amount equal to the costs incurred by the
312 Department of Health for the criminal background check of the
313 applicant;
314 (k) Demonstrate that he or she is a graduate of a medical
315 college recognized and approved by the American Osteopathic
316 Association;
317 (l) Demonstrate that she or he has successfully completed
318 an internship or residency a resident internship of not less
319 than 12 months in a program accredited hospital approved for
320 this purpose by the Board of Trustees of the American
321 Osteopathic Association or the Accreditation Council for
322 Graduate Medical Education any other internship program approved
323 by the board upon a showing of good cause by the applicant. This
324 requirement may be waived for an applicant who matriculated in a
325 college of osteopathic medicine during or before 1948; and
326 (m) Demonstrate that she or he has obtained a passing
327 score, as established by rule of the board, on all parts of the
328 examination conducted by the National Board of Osteopathic
329 Medical Examiners or other examination approved by the board no
330 more than 5 years before making application in this state or, if
331 holding a valid active license in another state, that the
332 initial licensure in the other state occurred no more than 5
333 years after the applicant obtained a passing score on the
334 examination conducted by the National Board of Osteopathic
335 Medical Examiners or other substantially similar examination
336 approved by the board.
337 Section 5. Subsection (1) of section 460.408, Florida
338 Statutes, is amended to read:
339 460.408 Continuing chiropractic education.—
340 (1) The board shall require licensees to periodically
341 demonstrate their professional competence as a condition of
342 renewal of a license by completing up to 40 contact classroom
343 hours of continuing education. For purposes of this subsection,
344 the term “contact classroom hour” means a presentation in which
345 the persons presenting and the persons attending the course are
346 present on site. Up to 10 general credit continuing education
347 hours may be completed online in place of contact classroom
348 hours, as determined by board rule. Online continuing education
349 courses must be competency-based and must use the Shareable
350 Content Objective Reference Model standard or more stringent
351 standards, as determined by the board.
352 (a) Continuing education courses sponsored by chiropractic
353 colleges whose graduates are eligible for examination under any
354 provision of this chapter may be approved upon review by the
355 board if all other requirements of board rules setting forth
356 criteria for course approval are met.
357 (b) The board shall approve those courses that build upon
358 the basic courses required for the practice of chiropractic
359 medicine, and the board may also approve courses in adjunctive
360 modalities. Courses that consist of instruction in the use,
361 application, prescription, recommendation, or administration of
362 a specific company’s brand of products or services are not
363 eligible for approval.
364 Section 6. Section 460.4166, Florida Statutes, is repealed.
365 Section 7. Subsection (10) of section 464.019, Florida
366 Statutes, is amended to read:
367 464.019 Approval of nursing education programs.—
368 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
369 shall study the administration of this section and submit
370 reports to the Governor, the President of the Senate, and the
371 Speaker of the House of Representatives annually by January 30,
372 through January 30, 2025 2020. The annual reports shall address
373 the previous academic year; provide data on the measures
374 specified in paragraphs (a) and (b), as such data becomes
375 available; and include an evaluation of such data for purposes
376 of determining whether this section is increasing the
377 availability of nursing education programs and the production of
378 quality nurses. The department and each approved program or
379 accredited program shall comply with requests for data from the
380 Florida Center for Nursing.
381 (a) The Florida Center for Nursing shall evaluate program
382 specific data for each approved program and accredited program
383 conducted in the state, including, but not limited to:
384 1. The number of programs and student slots available.
385 2. The number of student applications submitted, the number
386 of qualified applicants, and the number of students accepted.
387 3. The number of program graduates.
388 4. Program retention rates of students tracked from program
389 entry to graduation.
390 5. Graduate passage rates on the National Council of State
391 Boards of Nursing Licensing Examination.
392 6. The number of graduates who become employed as practical
393 or professional nurses in the state.
394 (b) The Florida Center for Nursing shall evaluate the
395 board’s implementation of the:
396 1. Program application approval process, including, but not
397 limited to, the number of program applications submitted under
398 subsection (1); the number of program applications approved and
399 denied by the board under subsection (2); the number of denials
400 of program applications reviewed under chapter 120; and a
401 description of the outcomes of those reviews.
402 2. Accountability processes, including, but not limited to,
403 the number of programs on probationary status, the number of
404 approved programs for which the program director is required to
405 appear before the board under subsection (5), the number of
406 approved programs terminated by the board, the number of
407 terminations reviewed under chapter 120, and a description of
408 the outcomes of those reviews.
409 (c) The Florida Center for Nursing shall complete an annual
410 assessment of compliance by programs with the accreditation
411 requirements of subsection (11), include in the assessment a
412 determination of the accreditation process status for each
413 program, and submit the assessment as part of the reports
414 required by this subsection.
415 Section 8. Section 464.202, Florida Statutes, is amended to
416 read:
417 464.202 Duties and powers of the board.—The board shall
418 maintain, or contract with or approve another entity to
419 maintain, a state registry of certified nursing assistants. The
420 registry must consist of the name of each certified nursing
421 assistant in this state; other identifying information defined
422 by board rule; certification status; the effective date of
423 certification; other information required by state or federal
424 law; information regarding any crime or any abuse, neglect, or
425 exploitation as provided under chapter 435; and any disciplinary
426 action taken against the certified nursing assistant. The
427 registry shall be accessible to the public, the
428 certificateholder, employers, and other state agencies. The
429 board shall adopt by rule testing procedures for use in
430 certifying nursing assistants and shall adopt rules regulating
431 the practice of certified nursing assistants, including
432 disciplinary procedures and standards of practice, and
433 specifying the scope of practice authorized and the level of
434 supervision required for the practice of certified nursing
435 assistants. The board may contract with or approve another
436 entity or organization to provide the examination services,
437 including the development and administration of examinations.
438 The board shall require that the contract provider offer
439 certified nursing assistant applications via the Internet, and
440 may require the contract provider to accept certified nursing
441 assistant applications for processing via the Internet. The
442 board shall require the contract provider to provide the
443 preliminary results of the certified nursing examination on the
444 date the test is administered. The provider shall pay all
445 reasonable costs and expenses incurred by the board in
446 evaluating the provider’s application and performance during the
447 delivery of services, including examination services and
448 procedures for maintaining the certified nursing assistant
449 registry.
450 Section 9. Paragraph (c) of subsection (1) of section
451 464.203, Florida Statutes, is amended to read:
452 464.203 Certified nursing assistants; certification
453 requirement.—
454 (1) The board shall issue a certificate to practice as a
455 certified nursing assistant to any person who demonstrates a
456 minimum competency to read and write and successfully passes the
457 required background screening pursuant to s. 400.215. If the
458 person has successfully passed the required background screening
459 pursuant to s. 400.215 or s. 408.809 within 90 days before
460 applying for a certificate to practice and the person’s
461 background screening results are not retained in the
462 clearinghouse created under s. 435.12, the board shall waive the
463 requirement that the applicant successfully pass an additional
464 background screening pursuant to s. 400.215. The person must
465 also meet one of the following requirements:
466 (c) Is currently certified in another state or territory of
467 the United States or in the District of Columbia; is listed on
468 that jurisdiction’s state’s certified nursing assistant
469 registry; and has not been found to have committed abuse,
470 neglect, or exploitation in that jurisdiction state.
471 Section 10. Paragraph (b) of subsection (1) of section
472 464.204, Florida Statutes, is amended to read:
473 464.204 Denial, suspension, or revocation of certification;
474 disciplinary actions.—
475 (1) The following acts constitute grounds for which the
476 board may impose disciplinary sanctions as specified in
477 subsection (2):
478 (b) Intentionally Violating any provision of this chapter,
479 chapter 456, or the rules adopted by the board.
480 Section 11. Paragraph (b) of subsection (3) and subsection
481 (4) of section 466.006, Florida Statutes, are amended to read:
482 466.006 Examination of dentists.—
483 (3) If an applicant is a graduate of a dental college or
484 school not accredited in accordance with paragraph (2)(b) or of
485 a dental college or school not approved by the board, the
486 applicant is not entitled to take the examinations required in
487 this section to practice dentistry until she or he satisfies one
488 of the following:
489 (b) Submits proof of having successfully completed at least
490 2 consecutive academic years at a full-time supplemental general
491 dentistry program accredited by the American Dental Association
492 Commission on Dental Accreditation. This program must provide
493 didactic and clinical education at the level of a D.D.S. or
494 D.M.D. program accredited by the American Dental Association
495 Commission on Dental Accreditation. For purposes of this
496 paragraph, a supplemental general dentistry program does not
497 include an advanced education program in a dental specialty.
498 (4) Notwithstanding any other provision of law in chapter
499 456 pertaining to the clinical dental licensure examination or
500 national examinations, to be licensed as a dentist in this
501 state, an applicant must successfully complete both of the
502 following:
503 (a) A written examination on the laws and rules of the
504 state regulating the practice of dentistry.;
505 (b)1. A practical or clinical examination, which must shall
506 be the American Dental Licensing Examination produced by the
507 American Board of Dental Examiners, Inc., or its successor
508 entity, if any, that is administered in this state and graded by
509 dentists licensed in this state and employed by the department
510 for just such purpose, provided that the board has attained, and
511 continues to maintain thereafter, representation on the board of
512 directors of the American Board of Dental Examiners, the
513 examination development committee of the American Board of
514 Dental Examiners, and such other committees of the American
515 Board of Dental Examiners as the board deems appropriate by rule
516 to assure that the standards established herein are maintained
517 organizationally. A passing score on the American Dental
518 Licensing Examination administered in this state and graded by
519 dentists who are licensed in this state is valid for 365 days
520 after the date the official examination results are published.
521 1.2.a. As an alternative to such practical or clinical
522 examination the requirements of subparagraph 1., an applicant
523 may submit scores from an American Dental Licensing Examination
524 previously administered in a jurisdiction other than this state
525 after October 1, 2011, and such examination results shall be
526 recognized as valid for the purpose of licensure in this state.
527 A passing score on the American Dental Licensing Examination
528 administered out-of-state shall be the same as the passing score
529 for the American Dental Licensing Examination administered in
530 this state and graded by dentists who are licensed in this
531 state. The examination results are valid for 365 days after the
532 date the official examination results are published. The
533 applicant must have completed the examination after October 1,
534 2011.
535 b. This subparagraph may not be given retroactive
536 application.
537 2.3. If the date of an applicant’s passing American Dental
538 Licensing Examination scores from an examination previously
539 administered in a jurisdiction other than this state under
540 subparagraph 1. subparagraph 2. is older than 365 days, then
541 such scores are shall nevertheless be recognized as valid for
542 the purpose of licensure in this state, but only if the
543 applicant demonstrates that all of the following additional
544 standards have been met:
545 a.(I) The applicant completed the American Dental Licensing
546 Examination after October 1, 2011.
547 (II) This sub-subparagraph may not be given retroactive
548 application;
549 b. The applicant graduated from a dental school accredited
550 by the American Dental Association Commission on Dental
551 Accreditation or its successor entity, if any, or any other
552 dental accrediting organization recognized by the United States
553 Department of Education. Provided, however, if the applicant did
554 not graduate from such a dental school, the applicant may submit
555 proof of having successfully completed a full-time supplemental
556 general dentistry program accredited by the American Dental
557 Association Commission on Dental Accreditation of at least 2
558 consecutive academic years at such accredited sponsoring
559 institution. Such program must provide didactic and clinical
560 education at the level of a D.D.S. or D.M.D. program accredited
561 by the American Dental Association Commission on Dental
562 Accreditation. For purposes of this paragraph, a supplemental
563 general dentistry program does not include an advanced education
564 program in a dental specialty;
565 c. The applicant currently possesses a valid and active
566 dental license in good standing, with no restriction, which has
567 never been revoked, suspended, restricted, or otherwise
568 disciplined, from another state or territory of the United
569 States, the District of Columbia, or the Commonwealth of Puerto
570 Rico;
571 d. The applicant submits proof that he or she has never
572 been reported to the National Practitioner Data Bank, the
573 Healthcare Integrity and Protection Data Bank, or the American
574 Association of Dental Boards Clearinghouse. This sub
575 subparagraph does not apply if the applicant successfully
576 appealed to have his or her name removed from the data banks of
577 these agencies;
578 e.(I)(A) In the 5 years immediately preceding the date of
579 application for licensure in this state, The applicant submits
580 must submit proof of having been consecutively engaged in the
581 full-time practice of dentistry in another state or territory of
582 the United States, the District of Columbia, or the Commonwealth
583 of Puerto Rico in the 5 years immediately preceding the date of
584 application for licensure in this state;, or,
585 (B) If the applicant has been licensed in another state or
586 territory of the United States, the District of Columbia, or the
587 Commonwealth of Puerto Rico for less than 5 years, the applicant
588 submits must submit proof of having been engaged in the full
589 time practice of dentistry since the date of his or her initial
590 licensure.
591 (II) As used in this section, “full-time practice” is
592 defined as a minimum of 1,200 hours per year for each and every
593 year in the consecutive 5-year period or, where applicable, the
594 period since initial licensure, and must include any combination
595 of the following:
596 (A) Active clinical practice of dentistry providing direct
597 patient care.
598 (B) Full-time practice as a faculty member employed by a
599 dental or dental hygiene school approved by the board or
600 accredited by the American Dental Association Commission on
601 Dental Accreditation.
602 (C) Full-time practice as a student at a postgraduate
603 dental education program approved by the board or accredited by
604 the American Dental Association Commission on Dental
605 Accreditation.
606 (III) The board shall develop rules to determine what type
607 of proof of full-time practice is required and to recoup the
608 cost to the board of verifying full-time practice under this
609 section. Such proof must, at a minimum, be:
610 (A) Admissible as evidence in an administrative proceeding;
611 (B) Submitted in writing;
612 (C) Submitted by the applicant under oath with penalties of
613 perjury attached;
614 (D) Further documented by an affidavit of someone unrelated
615 to the applicant who is familiar with the applicant’s practice
616 and testifies with particularity that the applicant has been
617 engaged in full-time practice; and
618 (E) Specifically found by the board to be both credible and
619 admissible.
620 (IV) An affidavit of only the applicant is not acceptable
621 proof of full-time practice unless it is further attested to by
622 someone unrelated to the applicant who has personal knowledge of
623 the applicant’s practice. If the board deems it necessary to
624 assess credibility or accuracy, the board may require the
625 applicant or the applicant’s witnesses to appear before the
626 board and give oral testimony under oath;
627 f. The applicant submits must submit documentation that he
628 or she has completed, or will complete, prior to licensure in
629 this state, continuing education equivalent to this state’s
630 requirements for the last full reporting biennium;
631 g. The applicant proves must prove that he or she has never
632 been convicted of, or pled nolo contendere to, regardless of
633 adjudication, any felony or misdemeanor related to the practice
634 of a health care profession in any jurisdiction;
635 h. The applicant has must successfully passed pass a
636 written examination on the laws and rules of this state
637 regulating the practice of dentistry and must successfully pass
638 the computer-based diagnostic skills examination; and
639 i. The applicant submits must submit documentation that he
640 or she has successfully completed the applicable examination
641 administered by the Joint Commission on National Dental
642 Examinations or its successor organization National Board of
643 Dental Examiners dental examination.
644 Section 12. Paragraph (b) of subsection (4) and paragraph
645 (a) of subsection (6) of section 466.007, Florida Statutes, are
646 amended to read:
647 466.007 Examination of dental hygienists.—
648 (4) Effective July 1, 2012, to be licensed as a dental
649 hygienist in this state, an applicant must successfully complete
650 the following:
651 (b) A practical or clinical examination approved by the
652 board. The examination shall be the Dental Hygiene Examination
653 produced by the American Board of Dental Examiners, Inc. (ADEX)
654 or its successor entity, if any, if the board finds that the
655 successor entity’s clinical examination meets or exceeds the
656 provisions of this section. The board shall approve the ADEX
657 Dental Hygiene Examination if the board has attained and
658 continues to maintain representation on the ADEX House of
659 Representatives, the ADEX Dental Hygiene Examination Development
660 Committee, and such other ADEX Dental Hygiene committees as the
661 board deems appropriate through rulemaking to ensure that the
662 standards established in this section are maintained
663 organizationally. The ADEX Dental Hygiene Examination or the
664 examination produced by its successor entity is a comprehensive
665 examination in which an applicant must demonstrate skills within
666 the dental hygiene scope of practice on a live patient and any
667 other components that the board deems necessary for the
668 applicant to successfully demonstrate competency for the purpose
669 of licensure. The ADEX Dental Hygiene Examination or the
670 examination by the successor entity administered in this state
671 shall be graded by dentists and dental hygienists licensed in
672 this state who are employed by the department for this purpose.
673 (6)(a) A passing score on the ADEX Dental Hygiene
674 Examination administered out of state must shall be considered
675 the same as a passing score for the ADEX Dental Hygiene
676 Examination administered in this state and graded by licensed
677 dentists and dental hygienists.
678 Section 13. Subsections (9) through (15) are added to
679 section 466.017, Florida Statutes, to read:
680 466.017 Prescription of drugs; anesthesia.—
681 (9) Any adverse incident that occurs in an office
682 maintained by a dentist must be reported to the department. The
683 required notification to the department must be submitted in
684 writing by certified mail and postmarked within 48 hours after
685 the incident occurs.
686 (10) A dentist practicing in this state must notify the
687 board in writing by certified mail within 48 hours after any
688 adverse incident that occurs in the dentist’s outpatient
689 facility. A complete written report must be filed with the board
690 within 30 days after the incident occurs.
691 (11) Any certified registered dental hygienist
692 administering local anesthesia must notify the board in writing
693 by registered mail within 48 hours of any adverse incident that
694 was related to or the result of the administration of local
695 anesthesia. A complete written report must be filed with the
696 board within 30 days after the mortality or other adverse
697 incident.
698 (12) A failure by the dentist or dental hygienist to timely
699 and completely comply with all the reporting requirements in
700 this section is the basis for disciplinary action by the board
701 pursuant to s. 466.028(1).
702 (13) The department shall review each adverse incident and
703 determine whether it involved conduct by a health care
704 professional subject to disciplinary action, in which case s.
705 456.073 applies. Disciplinary action, if any, shall be taken by
706 the board under which the health care professional is licensed.
707 (14) As used in subsections (9)-(13), the term “adverse
708 incident” means any mortality that occurs during or as the
709 result of a dental procedure, or an incident that results in a
710 temporary or permanent physical or mental injury that requires
711 hospitalization or emergency room treatment of a dental patient
712 which occurs during or as a direct result of the use of general
713 anesthesia, deep sedation, moderate sedation, pediatric moderate
714 sedation, oral sedation, minimal sedation (anxiolysis), nitrous
715 oxide, or local anesthesia.
716 (15) The board may adopt rules to administer this section.
717 Section 14. Section 466.036, Florida Statutes, is amended
718 to read:
719 466.036 Information; periodic inspections; equipment and
720 supplies.—The department may require from the applicant for a
721 registration certificate to operate a dental laboratory any
722 information necessary to carry out the purpose of this chapter,
723 including proof that the applicant has the equipment and
724 supplies necessary to operate as determined by rule of the
725 department, and shall require periodic inspection of all dental
726 laboratories operating in this state at least once each biennial
727 registration period. Such inspections must shall include, but
728 need not be limited to, inspection of sanitary conditions,
729 equipment, supplies, and facilities on the premises. The
730 department shall specify dental equipment and supplies that are
731 not allowed permitted in a registered dental laboratory.
732 Section 15. Subsection (1) of section 468.701, Florida
733 Statutes, is amended to read:
734 468.701 Definitions.—As used in this part, the term:
735 (1) “Athletic trainer” means a person licensed under this
736 part who has met the requirements of under this part, including
737 the education requirements established as set forth by the
738 Commission on Accreditation of Athletic Training Education or
739 its successor organization and necessary credentials from the
740 Board of Certification. An individual who is licensed as an
741 athletic trainer may not provide, offer to provide, or represent
742 that he or she is qualified to provide any care or services that
743 he or she lacks the education, training, or experience to
744 provide, or that he or she is otherwise prohibited by law from
745 providing.
746 Section 16. Section 468.707, Florida Statutes, is amended
747 to read:
748 468.707 Licensure requirements.—Any person desiring to be
749 licensed as an athletic trainer shall apply to the department on
750 a form approved by the department. An applicant shall also
751 provide records or other evidence, as determined by the board,
752 to prove he or she has met the requirements of this section. The
753 department shall license each applicant who:
754 (1) Has completed the application form and remitted the
755 required fees.
756 (2) For a person who applies on or after July 1, 2016, Has
757 submitted to background screening pursuant to s. 456.0135. The
758 board may require a background screening for an applicant whose
759 license has expired or who is undergoing disciplinary action.
760 (3)(a) Has obtained, at a minimum, a baccalaureate or
761 higher degree from a college or university professional athletic
762 training degree program accredited by the Commission on
763 Accreditation of Athletic Training Education or its successor
764 organization recognized and approved by the United States
765 Department of Education or the Commission on Recognition of
766 Postsecondary Accreditation, approved by the board, or
767 recognized by the Board of Certification, and has passed the
768 national examination to be certified by the Board of
769 Certification; or.
770 (b)(4) Has obtained, at a minimum, a bachelor’s degree, has
771 completed the Board of Certification internship requirements,
772 and If graduated before 2004, has a current certification from
773 the Board of Certification.
774 (4)(5) Has current certification in both cardiopulmonary
775 resuscitation and the use of an automated external defibrillator
776 set forth in the continuing education requirements as determined
777 by the board pursuant to s. 468.711.
778 (5)(6) Has completed any other requirements as determined
779 by the department and approved by the board.
780 Section 17. Subsection (3) of section 468.711, Florida
781 Statutes, is amended to read:
782 468.711 Renewal of license; continuing education.—
783 (3) If initially licensed after January 1, 1998, the
784 licensee must be currently certified by the Board of
785 Certification or its successor agency and maintain that
786 certification in good standing without lapse.
787 Section 18. Section 468.713, Florida Statutes, is amended
788 to read:
789 468.713 Responsibilities of athletic trainers.—
790 (1) An athletic trainer shall practice under the direction
791 of a physician licensed under chapter 458, chapter 459, chapter
792 460, or otherwise authorized by Florida law to practice
793 medicine. The physician shall communicate his or her direction
794 through oral or written prescriptions or protocols as deemed
795 appropriate by the physician for the provision of services and
796 care by the athletic trainer. An athletic trainer shall provide
797 service or care in the manner dictated by the physician.
798 (2) An athletic trainer shall work within his or her
799 allowable scope of practice as specified in board rule under s.
800 468.705. An athletic trainer may not provide, offer to provide,
801 or represent that he or she is qualified to provide any care or
802 services that he or she lacks the education, training, or
803 experience to provide, or that he or she is otherwise prohibited
804 by law from providing.
805 Section 19. Subsection (2) of section 468.723, Florida
806 Statutes, is amended to read:
807 468.723 Exemptions.—This part does not prohibit prevent or
808 restrict:
809 (2) An athletic training student acting under the direct
810 supervision of a licensed athletic trainer. For purposes of this
811 subsection, “direct supervision” means the physical presence of
812 an athletic trainer so that the athletic trainer is immediately
813 available to the athletic training student and able to intervene
814 on behalf of the athletic training student. The supervision must
815 comply with board rule in accordance with the standards set
816 forth by the Commission on Accreditation of Athletic Training
817 Education or its successor.
818 Section 20. Subsections (1), (3), and (4) of section
819 468.803, Florida Statutes, are amended to read:
820 468.803 License, registration, and examination
821 requirements.—
822 (1) The department shall issue a license to practice
823 orthotics, prosthetics, or pedorthics, or a registration for a
824 resident to practice orthotics or prosthetics, to qualified
825 applicants. Licenses to practice shall be granted independently
826 in orthotics, prosthetics, or pedorthics shall be granted
827 independently, but a person may be licensed in more than one
828 such discipline, and a prosthetist-orthotist license may be
829 granted to persons meeting the requirements for licensure both
830 as a prosthetist and as an orthotist license. Registrations to
831 practice shall be granted independently in orthotics or
832 prosthetics shall be granted independently, and a person may be
833 registered in both disciplines fields at the same time or
834 jointly in orthotics and prosthetics as a dual registration.
835 (3) A person seeking to attain the required orthotics or
836 prosthetics experience required for licensure in this state must
837 be approved by the board and registered as a resident by the
838 department. Although a registration may be held in both
839 disciplines practice fields, for independent registrations the
840 board may shall not approve a second registration for until at
841 least 1 year after the issuance of the first registration.
842 Notwithstanding subsection (2), a person an applicant who has
843 been approved by the board and registered by the department in
844 one discipline practice field may apply for registration in the
845 second discipline practice field without an additional state or
846 national criminal history check during the period in which the
847 first registration is valid. Each independent registration or
848 dual registration is valid for 2 years after from the date of
849 issuance unless otherwise revoked by the department upon
850 recommendation of the board. The board shall set a registration
851 fee not to exceed $500 to be paid by the applicant. A
852 registration may be renewed once by the department upon
853 recommendation of the board for a period no longer than 1 year,
854 as such renewal is defined by the board by rule. The
855 registration renewal fee may shall not exceed one-half the
856 current registration fee. To be considered by the board for
857 approval of registration as a resident, the applicant must have
858 one of the following:
859 (a) A Bachelor of Science or higher-level postgraduate
860 degree in Orthotics and Prosthetics from a regionally accredited
861 college or university recognized by the Commission on
862 Accreditation of Allied Health Education Programs. or, at
863 (b) A minimum, of a bachelor’s degree from a regionally
864 accredited college or university and a certificate in orthotics
865 or prosthetics from a program recognized by the Commission on
866 Accreditation of Allied Health Education Programs, or its
867 equivalent, as determined by the board.; or
868 (c) A minimum of a bachelor’s degree from a regionally
869 accredited college or university and a dual certificate in both
870 orthotics and prosthetics from programs recognized by the
871 Commission on Accreditation of Allied Health Education Programs,
872 or its equivalent, as determined by the board.
873 (b) 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.
882 (4) The department may develop and administer a state
883 examination for an orthotist or a prosthetist license, or the
884 board may approve the existing examination of a national
885 standards organization. The examination must be predicated on a
886 minimum of a baccalaureate-level education and formalized
887 specialized training in the appropriate field. Each examination
888 must demonstrate a minimum level of competence in basic
889 scientific knowledge, written problem solving, and practical
890 clinical patient management. The board shall require an
891 examination fee not to exceed the actual cost to the board in
892 developing, administering, and approving the examination, which
893 fee must be paid by the applicant. To be considered by the board
894 for examination, the applicant must have:
895 (a) For an examination in orthotics:
896 1. A Bachelor of Science or higher-level postgraduate
897 degree in Orthotics and Prosthetics from a regionally accredited
898 college or university recognized by the Commission on
899 Accreditation of Allied Health Education Programs or, at a
900 minimum, a bachelor’s degree from a regionally accredited
901 college or university and a certificate in orthotics from a
902 program recognized by the Commission on Accreditation of Allied
903 Health Education Programs, or its equivalent, as determined by
904 the board; and
905 2. An approved orthotics internship of 1 year of qualified
906 experience, as determined by the board, or an orthotic residency
907 or dual residency program recognized by the board.
908 (b) For an examination in prosthetics:
909 1. A Bachelor of Science or higher-level postgraduate
910 degree in Orthotics and Prosthetics from a regionally accredited
911 college or university recognized by the Commission on
912 Accreditation of Allied Health Education Programs or, at a
913 minimum, a bachelor’s degree from a regionally accredited
914 college or university and a certificate in prosthetics from a
915 program recognized by the Commission on Accreditation of Allied
916 Health Education Programs, or its equivalent, as determined by
917 the board; and
918 2. An approved prosthetics internship of 1 year of
919 qualified experience, as determined by the board, or a
920 prosthetic residency or dual residency program recognized by the
921 board.
922 Section 21. Subsection (5) of section 480.033, Florida
923 Statutes, is amended to read:
924 480.033 Definitions.—As used in this act:
925 (5) “Apprentice” means a person approved by the board to
926 study colonic irrigation massage under the instruction of a
927 licensed massage therapist practicing colonic irrigation.
928 Section 22. Subsections (1) and (2) of section 480.041,
929 Florida Statutes, are amended, and subsection (8) is added to
930 that section, to read:
931 480.041 Massage therapists; qualifications; licensure;
932 endorsement.—
933 (1) Any person is qualified for licensure as a massage
934 therapist under this act who:
935 (a) Is at least 18 years of age or has received a high
936 school diploma or high school equivalency diploma;
937 (b) Has completed a course of study at a board-approved
938 massage school or has completed an apprenticeship program that
939 meets standards adopted by the board; and
940 (c) Has received a passing grade on a national an
941 examination designated administered by the board department.
942 (2) Every person desiring to be examined for licensure as a
943 massage therapist shall apply to the department in writing upon
944 forms prepared and furnished by the department. Such applicants
945 are shall be subject to the provisions of s. 480.046(1).
946 Applicants may take an examination administered by the
947 department only upon meeting the requirements of this section as
948 determined by the board.
949 (8) A person issued a license as a massage apprentice
950 before July 1, 2019, may continue that apprenticeship and
951 perform massage therapy as permitted under that license until it
952 expires. Upon completion of the apprenticeship, which must occur
953 before July 1, 2022, a massage apprentice may apply to the board
954 for full licensure and be granted a license if all other
955 applicable licensure requirements are met.
956 Section 23. Section 480.042, Florida Statutes, is repealed.
957 Section 24. Subsection (3) of section 480.046, Florida
958 Statutes, is amended, and subsection (5) is added to that
959 section, to read:
960 480.046 Grounds for disciplinary action by the board.—
961 (3) The board may shall have the power to revoke or suspend
962 the license of a massage establishment licensed under this act,
963 or to deny subsequent licensure of such an establishment, if the
964 establishment is owned by an individual or entity that owned
965 another establishment whose license was revoked, upon a showing
966 of proof that, in either of the following cases:
967 (a) The current Upon proof that a license has been obtained
968 by fraud or misrepresentation.
969 (b) Upon proof that The holder of the a license is guilty
970 of fraud or deceit or of gross negligence, incompetency, or
971 misconduct in the operation of the currently licensed
972 establishment so licensed.
973 (c) The owner of the massage establishment or any
974 individual or individuals providing massage therapy services
975 within the establishment, in the aggregate or individually, have
976 had three convictions of, or pleas of guilty or nolo contendere
977 to, or dismissals of a criminal action after a successful
978 completion of a pretrial intervention, diversion, or substance
979 abuse program for any misdemeanor or felony, regardless of
980 adjudication, a crime in any jurisdiction related to
981 prostitution and related acts as defined in s. 796.07, which
982 occurred at or within the currently licensed establishment.
983 (5) An establishment that has been the subject of
984 disciplinary action under this section may not apply for
985 relicensure unless there is a change in ownership.
986 Section 25. Subsection (3) of section 490.003, Florida
987 Statutes, is amended to read:
988 490.003 Definitions.—As used in this chapter:
989 (3)(a) Prior to July 1, 1999, “doctoral-level psychological
990 education” and “doctoral degree in psychology” mean a Psy.D., an
991 Ed.D. in psychology, or a Ph.D. in psychology from:
992 1. An educational institution which, at the time the
993 applicant was enrolled and graduated, had institutional
994 accreditation from an agency recognized and approved by the
995 United States Department of Education or was recognized as a
996 member in good standing with the Association of Universities and
997 Colleges of Canada; and
998 2. A psychology program within that educational institution
999 which, at the time the applicant was enrolled and graduated, had
1000 programmatic accreditation from an accrediting agency recognized
1001 and approved by the United States Department of Education or was
1002 comparable to such programs.
1003 (b) Effective July 1, 1999, “doctoral-level psychological
1004 education” and “doctoral degree in psychology” mean a Psy.D., an
1005 Ed.D. in psychology, or a Ph.D. in psychology from:
1006 1. a psychology program within an educational institution
1007 that which, at the time the applicant was enrolled and
1008 graduated, had institutional accreditation from an agency
1009 recognized and approved by the United States Department of
1010 Education or was recognized as a member in good standing with
1011 the Association of Universities and Colleges of Canada. The
1012 psychology program must have had; and
1013 2. A psychology program within that educational institution
1014 which, at the time the applicant was enrolled and graduated, had
1015 programmatic accreditation from the American Psychological
1016 Association an agency recognized and approved by the United
1017 States Department of Education.
1018 Section 26. Paragraph (b) of subsection (1) and paragraph
1019 (b) of subsection (2) of section 490.005, Florida Statutes, are
1020 amended to read:
1021 490.005 Licensure by examination.—
1022 (1) Any person desiring to be licensed as a psychologist
1023 shall apply to the department to take the licensure examination.
1024 The department shall license each applicant who the board
1025 certifies has:
1026 (b) Submitted proof satisfactory to the board that the
1027 applicant has:
1028 1. Received doctoral-level psychological education, as
1029 defined in s. 490.003(3); or
1030 2. Received the equivalent of a doctoral-level
1031 psychological education, as defined in s. 490.003(3), from a
1032 program at a school or university located outside the United
1033 States of America and Canada, which was officially recognized by
1034 the government of the country in which it is located as an
1035 institution or program to train students to practice
1036 professional psychology. The applicant has the burden of
1037 establishing that this requirement has the requirements of this
1038 provision have been met shall be upon the applicant;
1039 3. Received and submitted to the board, prior to July 1,
1040 1999, certification of an augmented doctoral-level psychological
1041 education from the program director of a doctoral-level
1042 psychology program accredited by a programmatic agency
1043 recognized and approved by the United States Department of
1044 Education; or
1045 4. Received and submitted to the board, prior to August 31,
1046 2001, certification of a doctoral-level program that at the time
1047 the applicant was enrolled and graduated maintained a standard
1048 of education and training comparable to the standard of training
1049 of programs accredited by a programmatic agency recognized and
1050 approved by the United States Department of Education. Such
1051 certification of comparability shall be provided by the program
1052 director of a doctoral-level psychology program accredited by a
1053 programmatic agency recognized and approved by the United States
1054 Department of Education.
1055 (2) Any person desiring to be licensed as a school
1056 psychologist shall apply to the department to take the licensure
1057 examination. The department shall license each applicant who the
1058 department certifies has:
1059 (b) Submitted satisfactory proof to the department that the
1060 applicant:
1061 1. Has received a doctorate, specialist, or equivalent
1062 degree from a program primarily psychological in nature and has
1063 completed 60 semester hours or 90 quarter hours of graduate
1064 study, in areas related to school psychology as defined by rule
1065 of the department, from a college or university which at the
1066 time the applicant was enrolled and graduated was accredited by
1067 an accrediting agency recognized and approved by the Council for
1068 Higher Education Accreditation or its successor organization
1069 Commission on Recognition of Postsecondary Accreditation or from
1070 an institution that which is publicly recognized as a member in
1071 good standing with the Association of Universities and Colleges
1072 of Canada.
1073 2. Has had a minimum of 3 years of experience in school
1074 psychology, 2 years of which must be supervised by an individual
1075 who is a licensed school psychologist or who has otherwise
1076 qualified as a school psychologist supervisor, by education and
1077 experience, as set forth by rule of the department. A doctoral
1078 internship may be applied toward the supervision requirement.
1079 3. Has passed an examination provided by the department.
1080 Section 27. Subsection (1) of section 490.006, Florida
1081 Statutes, is amended to read:
1082 490.006 Licensure by endorsement.—
1083 (1) The department shall license a person as a psychologist
1084 or school psychologist who, upon applying to the department and
1085 remitting the appropriate fee, demonstrates to the department
1086 or, in the case of psychologists, to the board that the
1087 applicant:
1088 (a) Holds a valid license or certificate in another state
1089 to practice psychology or school psychology, as applicable,
1090 provided that, when the applicant secured such license or
1091 certificate, the requirements were substantially equivalent to
1092 or more stringent than those set forth in this chapter at that
1093 time; and, if no Florida law existed at that time, then the
1094 requirements in the other state must have been substantially
1095 equivalent to or more stringent than those set forth in this
1096 chapter at the present time;
1097 (a)(b) Is a diplomate in good standing with the American
1098 Board of Professional Psychology, Inc.; or
1099 (b)(c) Possesses a doctoral degree in psychology as
1100 described in s. 490.003 and has at least 10 20 years of
1101 experience as a licensed psychologist in any jurisdiction or
1102 territory of the United States within the 25 years preceding the
1103 date of application.
1104 Section 28. Subsection (6) of section 491.0045, Florida
1105 Statutes, as amended by chapter 2016-80 and chapter 2016-241,
1106 Laws of Florida, is amended to read:
1107 491.0045 Intern registration; requirements.—
1108 (6) A registration issued on or before March 31, 2017,
1109 expires March 31, 2022, and may not be renewed or reissued. Any
1110 registration issued after March 31, 2017, expires 60 months
1111 after the date it is issued. The board may make a one-time
1112 exception from the requirements of this subsection in emergency
1113 or hardship cases, as defined by board rule, if A subsequent
1114 intern registration may not be issued unless the candidate has
1115 passed the theory and practice examination described in s.
1116 491.005(1)(d), (3)(d), and (4)(d).
1117 Section 29. Subsections (3) and (4) of section 491.005,
1118 Florida Statutes, are amended to read:
1119 491.005 Licensure by examination.—
1120 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1121 documentation and payment of a fee not to exceed $200, as set by
1122 board rule, plus the actual cost of to the department for the
1123 purchase of the examination from the Association of Marital and
1124 Family Therapy Regulatory Board, or similar national
1125 organization, the department shall issue a license as a marriage
1126 and family therapist to an applicant who the board certifies:
1127 (a) Has submitted an application and paid the appropriate
1128 fee.
1129 (b)1. Has a minimum of a master’s degree with major
1130 emphasis in marriage and family therapy, or a closely related
1131 field from a program accredited by the Commission on
1132 Accreditation for Marriage and Family Therapy Education or from
1133 a Florida university program accredited by the Council for
1134 Accreditation of Counseling and Related Educational Programs,
1135 and graduate courses approved by the Board of Clinical Social
1136 Work, Marriage and Family Therapy, and Mental Health Counseling
1137 has completed all of the following requirements:
1138 a. Thirty-six semester hours or 48 quarter hours of
1139 graduate coursework, which must include a minimum of 3 semester
1140 hours or 4 quarter hours of graduate-level course credits in
1141 each of the following nine areas: dynamics of marriage and
1142 family systems; marriage therapy and counseling theory and
1143 techniques; family therapy and counseling theory and techniques;
1144 individual human development theories throughout the life cycle;
1145 personality theory or general counseling theory and techniques;
1146 psychopathology; human sexuality theory and counseling
1147 techniques; psychosocial theory; and substance abuse theory and
1148 counseling techniques. Courses in research, evaluation,
1149 appraisal, assessment, or testing theories and procedures;
1150 thesis or dissertation work; or practicums, internships, or
1151 fieldwork may not be applied toward this requirement.
1152 b. A minimum of one graduate-level course of 3 semester
1153 hours or 4 quarter hours in legal, ethical, and professional
1154 standards issues in the practice of marriage and family therapy
1155 or a course determined by the board to be equivalent.
1156 c. A minimum of one graduate-level course of 3 semester
1157 hours or 4 quarter hours in diagnosis, appraisal, assessment,
1158 and testing for individual or interpersonal disorder or
1159 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1160 hour graduate-level course in behavioral research which focuses
1161 on the interpretation and application of research data as it
1162 applies to clinical practice. Credit for thesis or dissertation
1163 work, practicums, internships, or fieldwork may not be applied
1164 toward this requirement.
1165 d. A minimum of one supervised clinical practicum,
1166 internship, or field experience in a marriage and family
1167 counseling setting, during which the student provided 180 direct
1168 client contact hours of marriage and family therapy services
1169 under the supervision of an individual who met the requirements
1170 for supervision under paragraph (c). This requirement may be met
1171 by a supervised practice experience which took place outside the
1172 academic arena, but which is certified as equivalent to a
1173 graduate-level practicum or internship program which required a
1174 minimum of 180 direct client contact hours of marriage and
1175 family therapy services currently offered within an academic
1176 program of a college or university accredited by an accrediting
1177 agency approved by the United States Department of Education, or
1178 an institution which is publicly recognized as a member in good
1179 standing with the Association of Universities and Colleges of
1180 Canada or a training institution accredited by the Commission on
1181 Accreditation for Marriage and Family Therapy Education
1182 recognized by the United States Department of Education.
1183 Certification shall be required from an official of such
1184 college, university, or training institution.
1185 2. If the course title that which appears on the
1186 applicant’s transcript does not clearly identify the content of
1187 the coursework, the applicant shall be required to provide
1188 additional documentation, including, but not limited to, a
1189 syllabus or catalog description published for the course.
1190
1191 The required master’s degree must have been received in an
1192 institution of higher education which, at the time the applicant
1193 graduated, was: fully accredited by a regional accrediting body
1194 recognized by the Commission on Recognition of Postsecondary
1195 Accreditation or; publicly recognized as a member in good
1196 standing with the Association of Universities and Colleges of
1197 Canada,; or an institution of higher education located outside
1198 the United States and Canada, which, at the time the applicant
1199 was enrolled and at the time the applicant graduated, maintained
1200 a standard of training substantially equivalent to the standards
1201 of training of those institutions in the United States which are
1202 accredited by a regional accrediting body recognized by the
1203 Commission on Recognition of Postsecondary Accreditation. Such
1204 foreign education and training must have been received in an
1205 institution or program of higher education officially recognized
1206 by the government of the country in which it is located as an
1207 institution or program to train students to practice as
1208 professional marriage and family therapists or psychotherapists.
1209 The applicant has the burden of establishing that the
1210 requirements of this provision have been met shall be upon the
1211 applicant, and the board shall require documentation, such as,
1212 but not limited to, an evaluation by a foreign equivalency
1213 determination service, as evidence that the applicant’s graduate
1214 degree program and education were equivalent to an accredited
1215 program in this country. An applicant with a master’s degree
1216 from a program that which did not emphasize marriage and family
1217 therapy may complete the coursework requirement in a training
1218 institution fully accredited by the Commission on Accreditation
1219 for Marriage and Family Therapy Education recognized by the
1220 United States Department of Education.
1221 (c) Has had at least 2 years of clinical experience during
1222 which 50 percent of the applicant’s clients were receiving
1223 marriage and family therapy services, which must be at the post
1224 master’s level under the supervision of a licensed marriage and
1225 family therapist with at least 5 years of experience, or the
1226 equivalent, who is a qualified supervisor as determined by the
1227 board. An individual who intends to practice in Florida to
1228 satisfy the clinical experience requirements must register
1229 pursuant to s. 491.0045 before commencing practice. If a
1230 graduate has a master’s degree with a major emphasis in marriage
1231 and family therapy or a closely related field which that did not
1232 include all of the coursework required by subparagraph (b)1.
1233 under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
1234 level clinical experience may shall not commence until the
1235 applicant has completed a minimum of 10 of the courses required
1236 by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1237 determined by the board, and at least 6 semester hours or 9
1238 quarter hours of the course credits must have been completed in
1239 the area of marriage and family systems, theories, or
1240 techniques. Within the 2 3 years of required experience, the
1241 applicant shall provide direct individual, group, or family
1242 therapy and counseling, to include the following categories of
1243 cases including those involving: unmarried dyads, married
1244 couples, separating and divorcing couples, and family groups
1245 that include including children. A doctoral internship may be
1246 applied toward the clinical experience requirement. A licensed
1247 mental health professional must be on the premises when clinical
1248 services are provided by a registered intern in a private
1249 practice setting.
1250 (d) Has passed a theory and practice examination provided
1251 by the department for this purpose.
1252 (e) Has demonstrated, in a manner designated by board rule
1253 of the board, knowledge of the laws and rules governing the
1254 practice of clinical social work, marriage and family therapy,
1255 and mental health counseling.
1256 (f)
1257
1258 For the purposes of dual licensure, the department shall license
1259 as a marriage and family therapist any person who meets the
1260 requirements of s. 491.0057. Fees for dual licensure may shall
1261 not exceed those stated in this subsection.
1262 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1263 documentation and payment of a fee not to exceed $200, as set by
1264 board rule, plus the actual per applicant cost of to the
1265 department for purchase of the examination from the National
1266 Board for Certified Counselors or its successor Professional
1267 Examination Service for the National Academy of Certified
1268 Clinical Mental Health Counselors or a similar national
1269 organization, the department shall issue a license as a mental
1270 health counselor to an applicant who the board certifies:
1271 (a) Has submitted an application and paid the appropriate
1272 fee.
1273 (b)1. Has a minimum of an earned master’s degree from a
1274 mental health counseling program accredited by the Council for
1275 the Accreditation of Counseling and Related Educational Programs
1276 that consists of at least 60 semester hours or 80 quarter hours
1277 of clinical and didactic instruction, including a course in
1278 human sexuality and a course in substance abuse. If the master’s
1279 degree is earned from a program related to the practice of
1280 mental health counseling that is not accredited by the Council
1281 for the Accreditation of Counseling and Related Educational
1282 Programs, then the coursework and practicum, internship, or
1283 fieldwork must consist of at least 60 semester hours or 80
1284 quarter hours and meet all of the following requirements:
1285 a. Thirty-three semester hours or 44 quarter hours of
1286 graduate coursework, which must include a minimum of 3 semester
1287 hours or 4 quarter hours of graduate-level coursework in each of
1288 the following 11 content areas: counseling theories and
1289 practice; human growth and development; diagnosis and treatment
1290 of psychopathology; human sexuality; group theories and
1291 practice; individual evaluation and assessment; career and
1292 lifestyle assessment; research and program evaluation; social
1293 and cultural foundations; substance abuse; and legal, ethical,
1294 and professional standards issues in the practice of mental
1295 health counseling in community settings; and substance abuse.
1296 Courses in research, thesis or dissertation work, practicums,
1297 internships, or fieldwork may not be applied toward this
1298 requirement.
1299 b. A minimum of 3 semester hours or 4 quarter hours of
1300 graduate-level coursework addressing diagnostic processes,
1301 including differential diagnosis and the use of the current
1302 diagnostic tools, such as the current edition of the American
1303 Psychiatric Association’s Diagnostic and Statistical Manual of
1304 Mental Disorders. The graduate program must have emphasized the
1305 common core curricular experience in legal, ethical, and
1306 professional standards issues in the practice of mental health
1307 counseling, which includes goals, objectives, and practices of
1308 professional counseling organizations, codes of ethics, legal
1309 considerations, standards of preparation, certifications and
1310 licensing, and the role identity and professional obligations of
1311 mental health counselors. Courses in research, thesis or
1312 dissertation work, practicums, internships, or fieldwork may not
1313 be applied toward this requirement.
1314 c. The equivalent, as determined by the board, of at least
1315 700 1,000 hours of university-sponsored supervised clinical
1316 practicum, internship, or field experience that includes at
1317 least 280 hours of direct client services, as required in the
1318 accrediting standards of the Council for Accreditation of
1319 Counseling and Related Educational Programs for mental health
1320 counseling programs. This experience may not be used to satisfy
1321 the post-master’s clinical experience requirement.
1322 2. Has provided additional documentation if a the course
1323 title that which appears on the applicant’s transcript does not
1324 clearly identify the content of the coursework., The applicant
1325 shall be required to provide additional documentation must
1326 include, including, but is not limited to, a syllabus or catalog
1327 description published for the course.
1328
1329 Education and training in mental health counseling must have
1330 been received in an institution of higher education that, which
1331 at the time the applicant graduated, was: fully accredited by a
1332 regional accrediting body recognized by the Council for Higher
1333 Education Accreditation or its successor organization or
1334 Commission on Recognition of Postsecondary Accreditation;
1335 publicly recognized as a member in good standing with the
1336 Association of Universities and Colleges of Canada,; or an
1337 institution of higher education located outside the United
1338 States and Canada, which, at the time the applicant was enrolled
1339 and at the time the applicant graduated, maintained a standard
1340 of training substantially equivalent to the standards of
1341 training of those institutions in the United States which are
1342 accredited by a regional accrediting body recognized by the
1343 Council for Higher Education Accreditation or its successor
1344 organization Commission on Recognition of Postsecondary
1345 Accreditation. Such foreign education and training must have
1346 been received in an institution or program of higher education
1347 officially recognized by the government of the country in which
1348 it is located as an institution or program to train students to
1349 practice as mental health counselors. The applicant has the
1350 burden of establishing that the requirements of this provision
1351 have been met shall be upon the applicant, and the board shall
1352 require documentation, such as, but not limited to, an
1353 evaluation by a foreign equivalency determination service, as
1354 evidence that the applicant’s graduate degree program and
1355 education were equivalent to an accredited program in this
1356 country. Beginning July 1, 2024, an applicant must have a
1357 master’s degree from a program that is accredited by the Council
1358 for Accreditation of Counseling and Related Educational Programs
1359 which consists of at least 60 semester hours or 80 quarter hours
1360 to apply for licensure under this paragraph.
1361 (c) Has had at least 2 years of clinical experience in
1362 mental health counseling, which must be at the post-master’s
1363 level under the supervision of a licensed mental health
1364 counselor or the equivalent who is a qualified supervisor as
1365 determined by the board. An individual who intends to practice
1366 in Florida to satisfy the clinical experience requirements must
1367 register pursuant to s. 491.0045 before commencing practice. If
1368 a graduate has a master’s degree with a major related to the
1369 practice of mental health counseling which that did not include
1370 all the coursework required under sub-subparagraphs (b)1.a. and
1371 b. (b)1.a.-b., credit for the post-master’s level clinical
1372 experience may shall not commence until the applicant has
1373 completed a minimum of seven of the courses required under sub
1374 subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1375 board, one of which must be a course in psychopathology or
1376 abnormal psychology. A doctoral internship may be applied toward
1377 the clinical experience requirement. A licensed mental health
1378 professional must be on the premises when clinical services are
1379 provided by a registered intern in a private practice setting.
1380 (d) Has passed a theory and practice examination provided
1381 by the department for this purpose.
1382 (e) Has demonstrated, in a manner designated by board rule
1383 of the board, knowledge of the laws and rules governing the
1384 practice of clinical social work, marriage and family therapy,
1385 and mental health counseling.
1386 Section 30. Paragraph (b) of subsection (1) of section
1387 491.006, Florida Statutes, is amended to read:
1388 491.006 Licensure or certification by endorsement.—
1389 (1) The department shall license or grant a certificate to
1390 a person in a profession regulated by this chapter who, upon
1391 applying to the department and remitting the appropriate fee,
1392 demonstrates to the board that he or she:
1393 (b)1. Holds an active valid license to practice and has
1394 actively practiced the licensed profession for which licensure
1395 is applied in another state for 3 of the last 5 years
1396 immediately preceding licensure;.
1397 2. Meets the education requirements of this chapter for the
1398 profession for which licensure is applied.
1399 2.3. Has passed a substantially equivalent licensing
1400 examination in another state or has passed the licensure
1401 examination in this state in the profession for which the
1402 applicant seeks licensure; and.
1403 3.4. Holds a license in good standing, is not under
1404 investigation for an act that would constitute a violation of
1405 this chapter, and has not been found to have committed any act
1406 that would constitute a violation of this chapter.
1407
1408 The fees paid by any applicant for certification as a master
1409 social worker under this section are nonrefundable.
1410 Section 31. Subsection (3) of section 491.007, Florida
1411 Statutes, is amended to read:
1412 491.007 Renewal of license, registration, or certificate.—
1413 (3) The board or department shall prescribe by rule a
1414 method for the biennial renewal of an intern registration at a
1415 fee set by rule, not to exceed $100.
1416 Section 32. Subsection (2) of section 491.009, Florida
1417 Statutes, is amended to read:
1418 491.009 Discipline.—
1419 (2) The board department, or, in the case of certified
1420 master social workers psychologists, the department board, may
1421 enter an order denying licensure or imposing any of the
1422 penalties authorized in s. 456.072(2) against any applicant for
1423 licensure or licensee who is found guilty of violating any
1424 provision of subsection (1) of this section or who is found
1425 guilty of violating any provision of s. 456.072(1).
1426 Section 33. Paragraph (c) of subsection (2) of section
1427 491.0046, Florida Statutes, is amended to read:
1428 491.0046 Provisional license; requirements.—
1429 (2) The department shall issue a provisional clinical
1430 social worker license, provisional marriage and family therapist
1431 license, or provisional mental health counselor license to each
1432 applicant who the board certifies has:
1433 (c) Has Met the following minimum coursework requirements:
1434 1. For clinical social work, a minimum of 15 semester hours
1435 or 22 quarter hours of the coursework required by s.
1436 491.005(1)(b)2.b.
1437 2. For marriage and family therapy, 10 of the courses
1438 required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1439 determined by the board, and at least 6 semester hours or 9
1440 quarter hours of the course credits must have been completed in
1441 the area of marriage and family systems, theories, or
1442 techniques.
1443 3. For mental health counseling, a minimum of seven of the
1444 courses required under s. 491.005(4)(b)1.a.-c.
1445 Section 34. Subsection (11) of section 945.42, Florida
1446 Statutes, is amended to read:
1447 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1448 945.40-945.49, the following terms shall have the meanings
1449 ascribed to them, unless the context shall clearly indicate
1450 otherwise:
1451 (11) “Psychological professional” means a behavioral
1452 practitioner who has an approved doctoral degree in psychology
1453 as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1454 the department or who is licensed as a psychologist pursuant to
1455 chapter 490.
1456 Section 35. This act shall take effect July 1, 2019.