Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 607, 1st Eng.
       
       
       
       
       
       
                                Ì7079142Î707914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AE/2R         .            Floor: C            
             03/10/2020 05:53 PM       .      03/11/2020 12:29 PM       
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       Senator Albritton moved the following:
       
    1         Senate Substitute for Amendment (933614) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Effective upon this act becoming a law,
    7  paragraph (v) is added to subsection (1) of section 400.141,
    8  Florida Statutes, to read:
    9         400.141 Administration and management of nursing home
   10  facilities.—
   11         (1) Every licensed facility shall comply with all
   12  applicable standards and rules of the agency and shall:
   13         (v) Be allowed to use paid feeding assistants as defined in
   14  42 C.F.R. s. 488.301, and in accordance with 42 C.F.R. s.
   15  483.60, if the paid feeding assistant has successfully completed
   16  a feeding assistant training program developed by the agency.
   17         1.The feeding assistant training program must consist of a
   18  minimum of 12 hours of education and training and must include
   19  all of the topics and lessons specified in the program
   20  curriculum.
   21         2. The program curriculum must include, but need not be
   22  limited to, training in all of the following content areas:
   23         a.Feeding techniques.
   24         b.Assistance with feeding and hydration.
   25         c.Communication and interpersonal skills.
   26         d.Appropriate responses to resident behavior.
   27         e.Safety and emergency procedures, including the first aid
   28  procedure used to treat upper airway obstructions.
   29         f.Infection control.
   30         g.Residents’ rights.
   31         h.Recognizing changes in residents which are inconsistent
   32  with their normal behavior and the importance of reporting those
   33  changes to the supervisory nurse.
   34  
   35  The agency may adopt rules to implement this paragraph.
   36         Section 2. Effective upon this act becoming a law,
   37  paragraph (b) of subsection (3) of section 400.23, Florida
   38  Statutes, is amended to read:
   39         400.23 Rules; evaluation and deficiencies; licensure
   40  status.—
   41         (3)
   42         (b) Paid feeding assistants and nonnursing staff providing
   43  eating assistance to residents shall not count toward compliance
   44  with minimum staffing standards.
   45         Section 3. Effective upon this act becoming a law,
   46  subsection (1) of section 400.461, Florida Statutes, is amended
   47  to read:
   48         400.461 Short title; purpose.—
   49         (1) This part, consisting of ss. 400.461-400.53 ss.
   50  400.461-400.518, may be cited as the “Home Health Services Act.”
   51         Section 4. Subsection (15) of section 400.462, Florida
   52  Statutes, is amended to read:
   53         400.462 Definitions.—As used in this part, the term:
   54         (15) “Home health aide” means a person who is trained or
   55  qualified, as provided by rule, and who provides hands-on
   56  personal care, performs simple procedures as an extension of
   57  therapy or nursing services, assists in ambulation or exercises,
   58  or assists in administering medications as permitted in rule and
   59  for which the person has received training established by the
   60  agency under this part, or performs tasks delegated to him or
   61  her under chapter 464 s. 400.497(1).
   62         Section 5. Effective upon this act becoming a law, present
   63  subsections (5) and (6) of section 400.464, Florida Statutes,
   64  are redesignated as subsections (6) and (7), respectively, a new
   65  subsection (5) is added to that section, and present subsection
   66  (6) of that section is amended, to read:
   67         400.464 Home health agencies to be licensed; expiration of
   68  license; exemptions; unlawful acts; penalties.—
   69         (5) If a licensed home health agency authorizes a
   70  registered nurse to delegate tasks, including medication
   71  administration, to a certified nursing assistant pursuant to
   72  chapter 464 or to a home health aide pursuant to s. 400.490, the
   73  licensed home health agency must ensure that such delegation
   74  meets the requirements of this chapter and chapter 464 and the
   75  rules adopted thereunder.
   76         (7)(6) Any person, entity, or organization providing home
   77  health services which is exempt from licensure under subsection
   78  (6) subsection (5) may voluntarily apply for a certificate of
   79  exemption from licensure under its exempt status with the agency
   80  on a form that specifies its name or names and addresses, a
   81  statement of the reasons why it is exempt from licensure as a
   82  home health agency, and other information deemed necessary by
   83  the agency. A certificate of exemption is valid for a period of
   84  not more than 2 years and is not transferable. The agency may
   85  charge an applicant $100 for a certificate of exemption or
   86  charge the actual cost of processing the certificate.
   87         Section 6. Effective upon this act becoming a law,
   88  subsections (2) and (3) of section 400.488, Florida Statutes,
   89  are amended to read:
   90         400.488 Assistance with self-administration of medication.—
   91         (2) Patients who are capable of self-administering their
   92  own medications without assistance shall be encouraged and
   93  allowed to do so. However, an unlicensed person may, consistent
   94  with a dispensed prescription’s label or the package directions
   95  of an over-the-counter medication, assist a patient whose
   96  condition is medically stable with the self-administration of
   97  routine, regularly scheduled medications that are intended to be
   98  self-administered. Assistance with self-medication by an
   99  unlicensed person may occur only upon a documented request by,
  100  and the written informed consent of, a patient or the patient’s
  101  surrogate, guardian, or attorney in fact. For purposes of this
  102  section, self-administered medications include both legend and
  103  over-the-counter oral dosage forms, topical dosage forms, and
  104  topical ophthalmic, otic, and nasal dosage forms, including
  105  solutions, suspensions, sprays, and inhalers, and nebulizer
  106  treatments.
  107         (3) Assistance with self-administration of medication
  108  includes:
  109         (a) Taking the medication, in its previously dispensed,
  110  properly labeled container, from where it is stored and bringing
  111  it to the patient.
  112         (b) In the presence of the patient, confirming that the
  113  medication is intended for that patient, orally advising the
  114  patient of the medication name and purpose reading the label,
  115  opening the container, removing a prescribed amount of
  116  medication from the container, and closing the container.
  117         (c) Placing an oral dosage in the patient’s hand or placing
  118  the dosage in another container and helping the patient by
  119  lifting the container to his or her mouth.
  120         (d) Applying topical medications, including routine
  121  preventive skin care and applying and replacing bandages for
  122  minor cuts and abrasions as provided by the agency in rule.
  123         (e) Returning the medication container to proper storage.
  124         (f)For nebulizer treatments, assisting with setting up and
  125  cleaning the device in the presence of the patient, confirming
  126  that the medication is intended for that patient, orally
  127  advising the patient of the medication name and purpose, opening
  128  the container, removing the prescribed amount for a single
  129  treatment dose from a properly labeled container, and assisting
  130  the patient with placing the dose into the medicine receptacle
  131  or mouthpiece.
  132         (g)(f) Keeping a record of when a patient receives
  133  assistance with self-administration under this section.
  134         Section 7. Effective upon this act becoming a law, section
  135  400.489, Florida Statutes, is created to read:
  136         400.489 Administration of medication by a home health aide;
  137  staff training requirements.—
  138         (1) A home health aide may administer oral, transdermal,
  139  ophthalmic, otic, rectal, inhaled, enteral, or topical
  140  prescription medications if the home health aide has been
  141  delegated such task by a registered nurse licensed under chapter
  142  464; has satisfactorily completed an initial 6-hour training
  143  course approved by the agency; and has been found competent to
  144  administer medication to a patient in a safe and sanitary
  145  manner. The training, determination of competency, and initial
  146  and annual validations required in this section shall be
  147  conducted by a registered nurse licensed under chapter 464 or a
  148  physician licensed under chapter 458 or chapter 459.
  149         (2) A home health aide must annually and satisfactorily
  150  complete a 2-hour inservice training course approved by the
  151  agency in medication administration and medication error
  152  prevention. The inservice training course shall be in addition
  153  to the annual inservice training hours required by agency rules.
  154         (3) The agency, in consultation with the Board of Nursing,
  155  shall establish by rule standards and procedures that a home
  156  health aide must follow when administering medication to a
  157  patient. Such rules must, at a minimum, address qualification
  158  requirements for trainers, requirements for labeling medication,
  159  documentation and recordkeeping, the storage and disposal of
  160  medication, instructions concerning the safe administration of
  161  medication, informed-consent requirements and records, and the
  162  training curriculum and validation procedures.
  163         Section 8. Effective upon this act becoming a law, section
  164  400.490, Florida Statutes, is created to read:
  165         400.490 Nurse-delegated tasks.—A certified nursing
  166  assistant or home health aide may perform any task delegated by
  167  a registered nurse as authorized in this part and in chapter
  168  464, including, but not limited to, medication administration.
  169         Section 9. Effective upon this act becoming a law, section
  170  400.52, Florida Statutes, is created to read:
  171         400.52Excellence in Home Health Program.—
  172         (1)There is created within the agency the Excellence in
  173  Home Health Program for the purpose of awarding home health
  174  agencies that meet the criteria specified in this section.
  175         (2)(a)The agency shall adopt rules establishing criteria
  176  for the program which must include, at a minimum, meeting
  177  standards relating to:
  178         1.Patient satisfaction.
  179         2.Patients requiring emergency care for wound infections.
  180         3.Patients admitted or readmitted to an acute care
  181  hospital.
  182         4.Patient improvement in the activities of daily living.
  183         5.Employee satisfaction.
  184         6.Quality of employee training.
  185         7.Employee retention rates.
  186         8.High performance under federal Medicaid electronic visit
  187  verification requirements.
  188         (b)The agency must annually evaluate home health agencies
  189  seeking the award which apply on a form and in the manner
  190  designated by rule.
  191         (3)The home health agency must:
  192         (a)Be actively licensed and operating for at least 24
  193  months to be eligible to apply for a program award. An award
  194  under the program is not transferrable to another license,
  195  except when the existing home health agency is being relicensed
  196  in the name of an entity related to the current licenseholder by
  197  common control or ownership, and there will be no change in the
  198  management, operation, or programs of the home health agency as
  199  a result of the relicensure.
  200         (b)Have had no licensure denials, revocations, or any
  201  Class I, Class II, or uncorrected Class III deficiencies within
  202  the 24 months preceding the application for the program award.
  203         (4)The award designation shall expire on the same date as
  204  the home health agency’s license. A home health agency must
  205  reapply and be approved for the award designation to continue
  206  using the award designation in the manner authorized under
  207  subsection (5).
  208         (5)A home health agency that is awarded under the program
  209  may use the designation in advertising and marketing. However, a
  210  home health agency may not use the award designation in any
  211  advertising or marketing if the home health agency:
  212         (a)Has not been awarded the designation;
  213         (b)Fails to renew the award upon expiration of the award
  214  designation;
  215         (c)Has undergone a change in ownership that does not
  216  qualify for an exception under paragraph (3)(a); or
  217         (d)Has been notified that it no longer meets the criteria
  218  for the award upon reapplication after expiration of the award
  219  designation.
  220         (6)An application for an award designation under the
  221  program is not an application for licensure. A designation award
  222  or denial by the agency under this section does not constitute
  223  final agency action subject to chapter 120.
  224         Section 10. Effective upon this act becoming a law, section
  225  400.53, Florida Statutes, is created to read:
  226         400.53Nurse Registry Excellence Program.—
  227         (1)There is created within the agency the Nurse Registry
  228  Excellence Program for the purpose of awarding nurse registries
  229  that meet the criteria specified in this section.
  230         (2)(a)The agency shall adopt rules establishing criteria
  231  for the program which must include, at a minimum, meeting
  232  standards relating to:
  233         1.Patient or client satisfaction.
  234         2.Patients or clients requiring emergency care for wound
  235  infections.
  236         3.Patients or clients admitted or readmitted to an acute
  237  care hospital.
  238         4.Patient or client longevity with the nurse registry.
  239         5.Independent contractor satisfaction.
  240         6.Independent contractor longevity with the nurse
  241  registry.
  242         7.High performance under federal Medicaid electronic visit
  243  verification requirements.
  244         (b)The agency must annually evaluate nurse registries
  245  seeking the award which apply on a form and in the manner
  246  designated by rule.
  247         (3)The nurse registry must:
  248         (a)Be actively licensed and operating for at least 24
  249  months to be eligible to apply for a program award. An award
  250  under the program is not transferrable to another license,
  251  except when the existing nurse registry is being relicensed in
  252  the name of an entity related to the current licenseholder by
  253  common control or ownership, and there will be no change in the
  254  management, operation, or programs of the nurse registry as a
  255  result of the relicensure.
  256         (b)Have had no licensure denials, revocations, or any
  257  Class I, Class II, or uncorrected Class III deficiencies within
  258  the 24 months preceding the application for the program award.
  259         (4)The award designation shall expire on the same date as
  260  the nurse registry’s license. A nurse registry must reapply and
  261  be approved for the award designation to continue using the
  262  award designation in the manner authorized under subsection (5).
  263         (5)A nurse registry that is awarded under the program may
  264  use the designation in advertising and marketing. However, a
  265  nurse registry may not use the award designation in any
  266  advertising or marketing if the nurse registry:
  267         (a)Has not been awarded the designation;
  268         (b)Fails to renew the award upon expiration of the award
  269  designation;
  270         (c)Has undergone a change in ownership that does not
  271  qualify for an exception under paragraph (3)(a); or
  272         (d)Has been notified that it no longer meets the criteria
  273  for the award upon reapplication after expiration of the award
  274  designation.
  275         (6)An application for an award designation under the
  276  program is not an application for licensure. A designation award
  277  or denial by the agency under this section does not constitute
  278  final agency action subject to chapter 120.
  279         Section 11. Effective upon this act becoming a law, section
  280  408.822, Florida Statutes, is created to read:
  281         408.822 Direct care workforce survey.—
  282         (1) For purposes of this section, the term “direct care
  283  worker” means a certified nursing assistant, a home health aide,
  284  a personal care assistant, a companion services or homemaker
  285  services provider, a paid feeding assistant trained under s.
  286  400.141(1)(v), or another individual who provides personal care
  287  as defined in s. 400.462 to individuals who are elderly,
  288  developmentally disabled, or chronically ill.
  289         (2) Beginning January 1, 2021, each licensee that applies
  290  for licensure renewal as a nursing home facility licensed under
  291  part II of chapter 400, an assisted living facility licensed
  292  under part I of chapter 429, or a home health agency or
  293  companion services or homemaker services provider licensed under
  294  part III of chapter 400 shall furnish all of the following
  295  information to the agency in a survey on the direct care
  296  workforce:
  297         (a) The number of registered nurses and the number of
  298  direct care workers by category employed by the licensee.
  299         (b) The turnover and vacancy rates of registered nurses and
  300  direct care workers and the contributing factors to these rates.
  301         (c) The average employee wage for registered nurses and
  302  each category of direct care worker.
  303         (d) Employment benefits for registered nurses and direct
  304  care workers and the average cost of such benefits to the
  305  employer and the employee.
  306         (e) Type and availability of training for registered nurses
  307  and direct care workers.
  308         (3) An administrator or designee shall include the
  309  information required in subsection (2) on a survey form
  310  developed by the agency by rule which must contain an
  311  attestation that the information provided is true and accurate
  312  to the best of his or her knowledge.
  313         (4) The licensee must submit the completed survey before
  314  the agency issues the license renewal.
  315         (5) The agency shall continually analyze the results of the
  316  surveys and publish the results on its website. The agency shall
  317  update the information published on its website monthly.
  318         Section 12. Effective upon this act becoming a law, section
  319  464.0156, Florida Statutes, is created to read:
  320         464.0156 Delegation of duties.—
  321         (1) A registered nurse may delegate a task to a certified
  322  nursing assistant certified under part II of this chapter or a
  323  home health aide as defined in s. 400.462 if the registered
  324  nurse determines that the certified nursing assistant or the
  325  home health aide is competent to perform the task, the task is
  326  delegable under federal law, and the task meets all of the
  327  following criteria:
  328         (a) Is within the nurse’s scope of practice.
  329         (b) Frequently recurs in the routine care of a patient or
  330  group of patients.
  331         (c) Is performed according to an established sequence of
  332  steps.
  333         (d) Involves little or no modification from one patient to
  334  another.
  335         (e) May be performed with a predictable outcome.
  336         (f) Does not inherently involve ongoing assessment,
  337  interpretation, or clinical judgment.
  338         (g) Does not endanger a patient’s life or well-being.
  339         (2) A registered nurse may delegate to a certified nursing
  340  assistant or a home health aide the administration of oral,
  341  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
  342  topical prescription medications to a patient of a home health
  343  agency, if the certified nursing assistant or home health aide
  344  meets the requirements of s. 464.2035 or s. 400.489,
  345  respectively. A registered nurse may not delegate the
  346  administration of any controlled substance listed in Schedule
  347  II, Schedule III, or Schedule IV of s. 893.03 or 21 U.S.C. s.
  348  812.
  349         (3) The board, in consultation with the Agency for Health
  350  Care Administration, shall adopt rules to implement this
  351  section.
  352         Section 13. Effective upon this act becoming a law,
  353  paragraph (r) is added to subsection (1) of section 464.018,
  354  Florida Statutes, to read:
  355         464.018 Disciplinary actions.—
  356         (1) The following acts constitute grounds for denial of a
  357  license or disciplinary action, as specified in ss. 456.072(2)
  358  and 464.0095:
  359         (r) Delegating professional responsibilities to a person
  360  when the nurse delegating such responsibilities knows or has
  361  reason to know that such person is not qualified by training,
  362  experience, certification, or licensure to perform them.
  363         Section 14. Effective upon this act becoming a law, section
  364  464.2035, Florida Statutes, is created to read:
  365         464.2035 Administration of medication.—
  366         (1) A certified nursing assistant may administer oral,
  367  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
  368  topical prescription medication to a patient of a home health
  369  agency if the certified nursing assistant has been delegated
  370  such task by a registered nurse licensed under part I of this
  371  chapter, has satisfactorily completed an initial 6-hour training
  372  course approved by the board, and has been found competent to
  373  administer medication to a patient in a safe and sanitary
  374  manner. The training, determination of competency, and initial
  375  and annual validation required under this section must be
  376  conducted by a registered nurse licensed under this chapter or a
  377  physician licensed under chapter 458 or chapter 459.
  378         (2) A certified nursing assistant shall annually and
  379  satisfactorily complete 2 hours of inservice training in
  380  medication administration and medication error prevention
  381  approved by the board, in consultation with the Agency for
  382  Health Care Administration. The inservice training is in
  383  addition to the other annual inservice training hours required
  384  under this part.
  385         (3) The board, in consultation with the Agency for Health
  386  Care Administration, shall establish by rule standards and
  387  procedures that a certified nursing assistant must follow when
  388  administering medication to a patient of a home health agency.
  389  Such rules must, at a minimum, address qualification
  390  requirements for trainers, requirements for labeling medication,
  391  documentation and recordkeeping, the storage and disposal of
  392  medication, instructions concerning the safe administration of
  393  medication, informed-consent requirements and records, and the
  394  training curriculum and validation procedures.
  395         Section 15. Paragraph (c) of subsection (2) of section
  396  381.026, Florida Statutes, is amended to read:
  397         381.026 Florida Patient’s Bill of Rights and
  398  Responsibilities.—
  399         (2) DEFINITIONS.—As used in this section and s. 381.0261,
  400  the term:
  401         (c) “Health care provider” means a physician licensed under
  402  chapter 458, an osteopathic physician licensed under chapter
  403  459, or a podiatric physician licensed under chapter 461, or an
  404  advanced practice registered nurse registered under s. 464.0123.
  405         Section 16. Paragraph (a) of subsection (2) and subsections
  406  (3), (4), and (5) of section 382.008, Florida Statutes, are
  407  amended to read:
  408         382.008 Death, fetal death, and nonviable birth
  409  registration.—
  410         (2)(a) The funeral director who first assumes custody of a
  411  dead body or fetus shall file the certificate of death or fetal
  412  death. In the absence of the funeral director, the physician,
  413  advanced practice registered nurse registered under s. 464.0123,
  414  or other person in attendance at or after the death or the
  415  district medical examiner of the county in which the death
  416  occurred or the body was found shall file the certificate of
  417  death or fetal death. The person who files the certificate shall
  418  obtain personal data from a legally authorized person as
  419  described in s. 497.005 or the best qualified person or source
  420  available. The medical certification of cause of death shall be
  421  furnished to the funeral director, either in person or via
  422  certified mail or electronic transfer, by the physician,
  423  advanced practice registered nurse registered under s. 464.0123,
  424  or medical examiner responsible for furnishing such information.
  425  For fetal deaths, the physician, advanced practice registered
  426  nurse registered under s. 464.0123, midwife, or hospital
  427  administrator shall provide any medical or health information to
  428  the funeral director within 72 hours after expulsion or
  429  extraction.
  430         (3) Within 72 hours after receipt of a death or fetal death
  431  certificate from the funeral director, the medical certification
  432  of cause of death shall be completed and made available to the
  433  funeral director by the decedent’s primary or attending
  434  practitioner physician or, if s. 382.011 applies, the district
  435  medical examiner of the county in which the death occurred or
  436  the body was found. The primary or attending practitioner
  437  physician or the medical examiner shall certify over his or her
  438  signature the cause of death to the best of his or her knowledge
  439  and belief. As used in this section, the term “primary or
  440  attending practitioner physician” means a physician or advanced
  441  practice registered nurse registered under s. 464.0123 who
  442  treated the decedent through examination, medical advice, or
  443  medication during the 12 months preceding the date of death.
  444         (a) The department may grant the funeral director an
  445  extension of time upon a good and sufficient showing of any of
  446  the following conditions:
  447         1. An autopsy is pending.
  448         2. Toxicology, laboratory, or other diagnostic reports have
  449  not been completed.
  450         3. The identity of the decedent is unknown and further
  451  investigation or identification is required.
  452         (b) If the decedent’s primary or attending practitioner
  453  physician or the district medical examiner of the county in
  454  which the death occurred or the body was found indicates that he
  455  or she will sign and complete the medical certification of cause
  456  of death but will not be available until after the 5-day
  457  registration deadline, the local registrar may grant an
  458  extension of 5 days. If a further extension is required, the
  459  funeral director must provide written justification to the
  460  registrar.
  461         (4) If the department or local registrar grants an
  462  extension of time to provide the medical certification of cause
  463  of death, the funeral director shall file a temporary
  464  certificate of death or fetal death which shall contain all
  465  available information, including the fact that the cause of
  466  death is pending. The decedent’s primary or attending
  467  practitioner physician or the district medical examiner of the
  468  county in which the death occurred or the body was found shall
  469  provide an estimated date for completion of the permanent
  470  certificate.
  471         (5) A permanent certificate of death or fetal death,
  472  containing the cause of death and any other information that was
  473  previously unavailable, shall be registered as a replacement for
  474  the temporary certificate. The permanent certificate may also
  475  include corrected information if the items being corrected are
  476  noted on the back of the certificate and dated and signed by the
  477  funeral director, physician, advanced practice registered nurse
  478  registered under s. 464.0123, or district medical examiner of
  479  the county in which the death occurred or the body was found, as
  480  appropriate.
  481         Section 17. Subsection (1) of section 382.011, Florida
  482  Statutes, is amended to read:
  483         382.011 Medical examiner determination of cause of death.—
  484         (1) In the case of any death or fetal death due to causes
  485  or conditions listed in s. 406.11, any death that occurred more
  486  than 12 months after the decedent was last treated by a primary
  487  or attending physician as defined in s. 382.008(3), or any death
  488  for which there is reason to believe that the death may have
  489  been due to an unlawful act or neglect, the funeral director or
  490  other person to whose attention the death may come shall refer
  491  the case to the district medical examiner of the county in which
  492  the death occurred or the body was found for investigation and
  493  determination of the cause of death.
  494         Section 18. Paragraph (a) of subsection (2) of section
  495  394.463, Florida Statutes, is amended to read:
  496         394.463 Involuntary examination.—
  497         (2) INVOLUNTARY EXAMINATION.—
  498         (a) An involuntary examination may be initiated by any one
  499  of the following means:
  500         1. A circuit or county court may enter an ex parte order
  501  stating that a person appears to meet the criteria for
  502  involuntary examination and specifying the findings on which
  503  that conclusion is based. The ex parte order for involuntary
  504  examination must be based on written or oral sworn testimony
  505  that includes specific facts that support the findings. If other
  506  less restrictive means are not available, such as voluntary
  507  appearance for outpatient evaluation, a law enforcement officer,
  508  or other designated agent of the court, shall take the person
  509  into custody and deliver him or her to an appropriate, or the
  510  nearest, facility within the designated receiving system
  511  pursuant to s. 394.462 for involuntary examination. The order of
  512  the court shall be made a part of the patient’s clinical record.
  513  A fee may not be charged for the filing of an order under this
  514  subsection. A facility accepting the patient based on this order
  515  must send a copy of the order to the department within 5 working
  516  days. The order may be submitted electronically through existing
  517  data systems, if available. The order shall be valid only until
  518  the person is delivered to the facility or for the period
  519  specified in the order itself, whichever comes first. If a no
  520  time limit is not specified in the order, the order is shall be
  521  valid for 7 days after the date that the order was signed.
  522         2. A law enforcement officer shall take a person who
  523  appears to meet the criteria for involuntary examination into
  524  custody and deliver the person or have him or her delivered to
  525  an appropriate, or the nearest, facility within the designated
  526  receiving system pursuant to s. 394.462 for examination. The
  527  officer shall execute a written report detailing the
  528  circumstances under which the person was taken into custody,
  529  which must be made a part of the patient’s clinical record. Any
  530  facility accepting the patient based on this report must send a
  531  copy of the report to the department within 5 working days.
  532         3. A physician, a clinical psychologist, a psychiatric
  533  nurse, an advanced practice registered nurse registered under s.
  534  464.0123, a mental health counselor, a marriage and family
  535  therapist, or a clinical social worker may execute a certificate
  536  stating that he or she has examined a person within the
  537  preceding 48 hours and finds that the person appears to meet the
  538  criteria for involuntary examination and stating the
  539  observations upon which that conclusion is based. If other less
  540  restrictive means, such as voluntary appearance for outpatient
  541  evaluation, are not available, a law enforcement officer shall
  542  take into custody the person named in the certificate and
  543  deliver him or her to the appropriate, or nearest, facility
  544  within the designated receiving system pursuant to s. 394.462
  545  for involuntary examination. The law enforcement officer shall
  546  execute a written report detailing the circumstances under which
  547  the person was taken into custody. The report and certificate
  548  shall be made a part of the patient’s clinical record. Any
  549  facility accepting the patient based on this certificate must
  550  send a copy of the certificate to the department within 5
  551  working days. The document may be submitted electronically
  552  through existing data systems, if applicable.
  553  
  554  When sending the order, report, or certificate to the
  555  department, a facility shall, at a minimum, provide information
  556  about which action was taken regarding the patient under
  557  paragraph (g), which information shall also be made a part of
  558  the patient’s clinical record.
  559         Section 19. Paragraph (a) of subsection (2) of section
  560  397.501, Florida Statutes, is amended to read:
  561         397.501 Rights of individuals.—Individuals receiving
  562  substance abuse services from any service provider are
  563  guaranteed protection of the rights specified in this section,
  564  unless otherwise expressly provided, and service providers must
  565  ensure the protection of such rights.
  566         (2) RIGHT TO NONDISCRIMINATORY SERVICES.—
  567         (a) Service providers may not deny an individual access to
  568  substance abuse services solely on the basis of race, gender,
  569  ethnicity, age, sexual preference, human immunodeficiency virus
  570  status, prior service departures against medical advice,
  571  disability, or number of relapse episodes. Service providers may
  572  not deny an individual who takes medication prescribed by a
  573  physician or an advanced practice registered nurse registered
  574  under s. 464.0123 access to substance abuse services solely on
  575  that basis. Service providers who receive state funds to provide
  576  substance abuse services may not, if space and sufficient state
  577  resources are available, deny access to services based solely on
  578  inability to pay.
  579         Section 20. Subsection (1) of section 409.905, Florida
  580  Statutes, is amended to read:
  581         409.905 Mandatory Medicaid services.—The agency may make
  582  payments for the following services, which are required of the
  583  state by Title XIX of the Social Security Act, furnished by
  584  Medicaid providers to recipients who are determined to be
  585  eligible on the dates on which the services were provided. Any
  586  service under this section shall be provided only when medically
  587  necessary and in accordance with state and federal law.
  588  Mandatory services rendered by providers in mobile units to
  589  Medicaid recipients may be restricted by the agency. Nothing in
  590  this section shall be construed to prevent or limit the agency
  591  from adjusting fees, reimbursement rates, lengths of stay,
  592  number of visits, number of services, or any other adjustments
  593  necessary to comply with the availability of moneys and any
  594  limitations or directions provided for in the General
  595  Appropriations Act or chapter 216.
  596         (1) ADVANCED PRACTICE REGISTERED NURSE SERVICES.—The agency
  597  shall pay for services provided to a recipient by a licensed
  598  advanced practice registered nurse who has a valid collaboration
  599  agreement with a licensed physician on file with the Department
  600  of Health or who provides anesthesia services in accordance with
  601  established protocol required by state law and approved by the
  602  medical staff of the facility in which the anesthetic service is
  603  performed. Reimbursement for such services must be provided in
  604  an amount that equals not less than 80 percent of the
  605  reimbursement to a physician who provides the same services,
  606  unless otherwise provided for in the General Appropriations Act.
  607  The agency shall also pay for services provided to a recipient
  608  by a licensed advance practice registered nurse who is
  609  registered to engage in autonomous practice under s. 464.0123.
  610         Section 21. Paragraphs (a), (i), (o), and (r) of subsection
  611  (3) and paragraph (g) of subsection (5) of section 456.053,
  612  Florida Statutes, are amended to read:
  613         456.053 Financial arrangements between referring health
  614  care providers and providers of health care services.—
  615         (3) DEFINITIONS.—For the purpose of this section, the word,
  616  phrase, or term:
  617         (a) “Board” means any of the following boards relating to
  618  the respective professions: the Board of Medicine as created in
  619  s. 458.307; the Board of Osteopathic Medicine as created in s.
  620  459.004; the Board of Chiropractic Medicine as created in s.
  621  460.404; the Board of Podiatric Medicine as created in s.
  622  461.004; the Board of Optometry as created in s. 463.003; the
  623  Board of Nursing as created in s. 464.004; the Board of Pharmacy
  624  as created in s. 465.004; and the Board of Dentistry as created
  625  in s. 466.004.
  626         (i) “Health care provider” means a any physician licensed
  627  under chapter 458, chapter 459, chapter 460, or chapter 461; an
  628  advanced practice registered nurse registered under s.
  629  464.0123;, or any health care provider licensed under chapter
  630  463 or chapter 466.
  631         (o) “Referral” means any referral of a patient by a health
  632  care provider for health care services, including, without
  633  limitation:
  634         1. The forwarding of a patient by a health care provider to
  635  another health care provider or to an entity which provides or
  636  supplies designated health services or any other health care
  637  item or service; or
  638         2. The request or establishment of a plan of care by a
  639  health care provider, which includes the provision of designated
  640  health services or other health care item or service.
  641         3. The following orders, recommendations, or plans of care
  642  shall not constitute a referral by a health care provider:
  643         a. By a radiologist for diagnostic-imaging services.
  644         b. By a physician specializing in the provision of
  645  radiation therapy services for such services.
  646         c. By a medical oncologist for drugs and solutions to be
  647  prepared and administered intravenously to such oncologist’s
  648  patient, as well as for the supplies and equipment used in
  649  connection therewith to treat such patient for cancer and the
  650  complications thereof.
  651         d. By a cardiologist for cardiac catheterization services.
  652         e. By a pathologist for diagnostic clinical laboratory
  653  tests and pathological examination services, if furnished by or
  654  under the supervision of such pathologist pursuant to a
  655  consultation requested by another physician.
  656         f. By a health care provider who is the sole provider or
  657  member of a group practice for designated health services or
  658  other health care items or services that are prescribed or
  659  provided solely for such referring health care provider’s or
  660  group practice’s own patients, and that are provided or
  661  performed by or under the direct supervision of such referring
  662  health care provider or group practice; provided, however, that
  663  effective July 1, 1999, a physician licensed pursuant to chapter
  664  458, chapter 459, chapter 460, or chapter 461 or an advanced
  665  practice registered nurse registered under s. 464.0123 may refer
  666  a patient to a sole provider or group practice for diagnostic
  667  imaging services, excluding radiation therapy services, for
  668  which the sole provider or group practice billed both the
  669  technical and the professional fee for or on behalf of the
  670  patient, if the referring physician or advanced practice
  671  registered nurse registered under s. 464.0123 has no investment
  672  interest in the practice. The diagnostic imaging service
  673  referred to a group practice or sole provider must be a
  674  diagnostic imaging service normally provided within the scope of
  675  practice to the patients of the group practice or sole provider.
  676  The group practice or sole provider may accept no more than 15
  677  percent of their patients receiving diagnostic imaging services
  678  from outside referrals, excluding radiation therapy services.
  679         g. By a health care provider for services provided by an
  680  ambulatory surgical center licensed under chapter 395.
  681         h. By a urologist for lithotripsy services.
  682         i. By a dentist for dental services performed by an
  683  employee of or health care provider who is an independent
  684  contractor with the dentist or group practice of which the
  685  dentist is a member.
  686         j. By a physician for infusion therapy services to a
  687  patient of that physician or a member of that physician’s group
  688  practice.
  689         k. By a nephrologist for renal dialysis services and
  690  supplies, except laboratory services.
  691         l. By a health care provider whose principal professional
  692  practice consists of treating patients in their private
  693  residences for services to be rendered in such private
  694  residences, except for services rendered by a home health agency
  695  licensed under chapter 400. For purposes of this sub
  696  subparagraph, the term “private residences” includes patients’
  697  private homes, independent living centers, and assisted living
  698  facilities, but does not include skilled nursing facilities.
  699         m. By a health care provider for sleep-related testing.
  700         (r) “Sole provider” means one health care provider licensed
  701  under chapter 458, chapter 459, chapter 460, or chapter 461, or
  702  registered under s. 464.0123, who maintains a separate medical
  703  office and a medical practice separate from any other health
  704  care provider and who bills for his or her services separately
  705  from the services provided by any other health care provider. A
  706  sole provider shall not share overhead expenses or professional
  707  income with any other person or group practice.
  708         (5) PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT.—Except as
  709  provided in this section:
  710         (g) A violation of this section by a health care provider
  711  shall constitute grounds for disciplinary action to be taken by
  712  the applicable board pursuant to s. 458.331(2), s. 459.015(2),
  713  s. 460.413(2), s. 461.013(2), s. 463.016(2), s. 464.018, or s.
  714  466.028(2). Any hospital licensed under chapter 395 found in
  715  violation of this section shall be subject to s. 395.0185(2).
  716         Section 22. Present subsections (5) through (21) of section
  717  464.003, Florida Statutes, are renumbered as subsections (6)
  718  through (22), respectively, and subsection (5) is added to that
  719  section, to read:
  720         464.003 Definitions.—As used in this part, the term:
  721         (5)“Autonomous practice” means advanced nursing practice
  722  by an advanced practice registered nurse who is registered under
  723  s. 464.0123 and who is not subject to supervision by a physician
  724  or a supervisory protocol.
  725         Section 23. Subsection (3) of section 464.012, Florida
  726  Statutes, is amended to read:
  727         464.012 Licensure of advanced practice registered nurses;
  728  fees; controlled substance prescribing.—
  729         (3) An advanced practice registered nurse shall perform
  730  those functions authorized in this section within the framework
  731  of an established protocol that must be maintained on site at
  732  the location or locations at which an advanced practice
  733  registered nurse practices, unless the advanced practice
  734  registered nurse is registered and practicing under s. 464.0123.
  735  In the case of multiple supervising physicians in the same
  736  group, an advanced practice registered nurse must enter into a
  737  supervisory protocol with at least one physician within the
  738  physician group practice. A practitioner currently licensed
  739  under chapter 458, chapter 459, or chapter 466 shall maintain
  740  supervision for directing the specific course of medical
  741  treatment. Within the established framework, an advanced
  742  practice registered nurse may:
  743         (a) Prescribe, dispense, administer, or order any drug;
  744  however, an advanced practice registered nurse may prescribe or
  745  dispense a controlled substance as defined in s. 893.03 only if
  746  the advanced practice registered nurse has graduated from a
  747  program leading to a master’s or doctoral degree in a clinical
  748  nursing specialty area with training in specialized practitioner
  749  skills.
  750         (b) Initiate appropriate therapies for certain conditions.
  751         (c) Perform additional functions as may be determined by
  752  rule in accordance with s. 464.003(2).
  753         (d) Order diagnostic tests and physical and occupational
  754  therapy.
  755         (e) Order any medication for administration to a patient in
  756  a facility licensed under chapter 395 or part II of chapter 400,
  757  notwithstanding any provisions in chapter 465 or chapter 893.
  758         Section 24. Section 464.0123, Florida Statutes, is created
  759  to read:
  760         464.0123 Autonomous practice by an advanced practice
  761  registered nurse.—
  762         (1) REGISTRATION.—The board shall register an advanced
  763  practice registered nurse as an autonomous advanced practice
  764  registered nurse if the applicant demonstrates that he or she:
  765         (a) Holds an active, unencumbered license to practice
  766  advanced nursing under s. 464.012.
  767         (b) Has not been subject to any disciplinary action as
  768  specified in s. 456.072 or s. 464.018 or any similar
  769  disciplinary action in another state or other territory or
  770  jurisdiction within the 5 years immediately preceding the
  771  registration request.
  772         (c) Has completed, in any state, jurisdiction, or territory
  773  of the United States, at least 3,000 clinical practice hours,
  774  which may include clinical instructional hours provided by the
  775  applicant, within the 5 years immediately preceding the
  776  registration request while practicing as an advanced practice
  777  registered nurse under the supervision of an allopathic or
  778  osteopathic physician who held an active, unencumbered license
  779  issued by any state, jurisdiction, or territory of the United
  780  States during the period of such supervision. For purposes of
  781  this paragraph, “clinical instruction” means education provided
  782  by faculty in a clinical setting in a graduate program leading
  783  to a master’s or doctoral degree in a clinical nursing specialty
  784  area.
  785         (d) Has completed within the past 5 years 3 graduate-level
  786  semester hours, or the equivalent, in differential diagnosis and
  787  3 graduate-level semester hours, or the equivalent, in
  788  pharmacology.
  789         (e) The board may provide additional registration
  790  requirements by rule.
  791         (2) FINANCIAL RESPONSIBILITY.—
  792         (a) An advanced practice registered nurse registered under
  793  this section must, by one of the following methods, demonstrate
  794  to the satisfaction of the board and the department financial
  795  responsibility to pay claims and costs ancillary thereto arising
  796  out of the rendering of, or the failure to render nursing care,
  797  treatment, or services:
  798         1. Obtaining and maintaining professional liability
  799  coverage in an amount not less than $100,000 per claim, with a
  800  minimum annual aggregate of not less than $300,000, from an
  801  authorized insurer as defined in s. 624.09, from a surplus lines
  802  insurer as defined in s. 626.914(2), from a risk retention group
  803  as defined in s. 627.942, from the Joint Underwriting
  804  Association established under s. 627.351(4), or through a plan
  805  of self-insurance as provided in s. 627.357; or
  806         2. Obtaining and maintaining an unexpired, irrevocable
  807  letter of credit, established pursuant to chapter 675, in an
  808  amount of not less than $100,000 per claim, with a minimum
  809  aggregate availability of credit of not less than $300,000. The
  810  letter of credit must be payable to the advanced practice
  811  registered nurse as beneficiary upon presentment of a final
  812  judgment indicating liability and awarding damages to be paid by
  813  the advanced practice registered nurse or upon presentment of a
  814  settlement agreement signed by all parties to such agreement
  815  when such final judgment or settlement is a result of a claim
  816  arising out of the rendering of, or the failure to render,
  817  nursing care and services.
  818         (b) The requirements of paragraph (a) do not apply to:
  819         1. An advanced practice registered nurse registered under
  820  this section who practices exclusively as an officer, employee,
  821  or agent of the Federal Government or of the state or its
  822  agencies or its subdivisions.
  823         2. An advanced practice registered nurse whose registration
  824  under this section has become inactive and who is not practicing
  825  as an advanced practice registered nurse registered under this
  826  section in this state.
  827         3. An advanced practice registered nurse registered under
  828  this section who practices only in conjunction with his or her
  829  teaching duties at an accredited school or its main teaching
  830  hospitals. Such practice is limited to that which is incidental
  831  to and a necessary part of duties in connection with the
  832  teaching position.
  833         4. An advanced practice registered nurse who holds an
  834  active registration under this section and who is not engaged in
  835  autonomous practice as authorized under this section in this
  836  state. If such person initiates or resumes any practice as an
  837  autonomous advanced practice registered nurse, he or she must
  838  notify the department of such activity and fulfill the
  839  professional liability coverage requirements of paragraph (a).
  840         (3) PRACTICE REQUIREMENTS.—
  841         (a) An advanced practice registered nurse who is registered
  842  under this section may:
  843         1. Engage in autonomous practice only in primary care
  844  practice, including family medicine, general pediatrics, and
  845  general internal medicine, as defined by board rule.
  846         2. For certified nurse midwives, engage in autonomous
  847  practice in the performance of the acts listed in s.
  848  464.012(4)(c).
  849         3. Perform the general functions of an advanced practice
  850  registered nurse under s. 464.012(3) related to primary care.
  851         4For a patient who requires the services of a health care
  852  facility, as defined in s. 408.032(8):
  853         a. Admit the patient to the facility.
  854         b. Manage the care received by the patient in the facility.
  855         c. Discharge the patient from the facility, unless
  856  prohibited by federal law or rule.
  857         5. Provide a signature, certification, stamp, verification,
  858  affidavit, or endorsement that is otherwise required by law to
  859  be provided by a physician, except an advanced practice
  860  registered nurse registered under this section may not issue a
  861  physician certification under s. 381.986.
  862         (b) A certified nurse midwife must have a written patient
  863  transfer agreement with a hospital and a written referral
  864  agreement with a physician licensed under chapter 458 or chapter
  865  459 to engage in nurse midwifery.
  866         (c) An advanced practice registered nurse engaging in
  867  autonomous practice under this section may not perform any
  868  surgical procedure other than a subcutaneous procedure.
  869         (d) The board shall adopt rules, in consultation with the
  870  council created in subsection (4), establishing standards of
  871  practice, for an advanced practice registered nurse registered
  872  under this section.
  873         (4) COUNCIL ON ADVANCED PRACTICE REGISTERED NURSE
  874  AUTONOMOUS PRACTICE.—
  875         (a) The Council on Advanced Practice Registered Nurse
  876  Autonomous Practice is established within the Department of
  877  Health. The council must consist of the following nine members:
  878         1. Two members appointed by the chair of the Board of
  879  Medicine who are physicians and members of the Board of
  880  Medicine.
  881         2. Two members appointed by the chair of the Board of
  882  Osteopathic Medicine who are physicians and members of the Board
  883  of Osteopathic Medicine.
  884         3. Four members appointed by the chair of the board who are
  885  advanced practice registered nurses registered under this
  886  chapter with experience practicing advanced or specialized
  887  nursing.
  888         4. The State Surgeon General or his or her designee who
  889  shall serve as the chair of the council.
  890         (b) The Board of Medicine members, the Board of Osteopathic
  891  Medicine members, and the Board of Nursing appointee members
  892  shall be appointed for terms of 4 years. The initial
  893  appointments shall be staggered so that one member from the
  894  Board of Medicine, one member from the Board of Osteopathic
  895  Medicine, and one appointee member from the Board of Nursing
  896  shall each be appointed for a term of 4 years; one member from
  897  the Board of Medicine and one appointee member from the Board of
  898  Nursing shall each be appointed for a term of 3 years; and one
  899  member from the Board of Osteopathic Medicine and two appointee
  900  members from the Board of Nursing shall each be appointed for a
  901  term of 2 years. Physician members appointed to the council must
  902  be physicians who have practiced with advanced practice
  903  registered nurses under a protocol in their practice.
  904         (c) Council members may not serve more than two consecutive
  905  terms.
  906         (d) The council shall recommend standards of practice for
  907  advanced practice registered nurses registered under this
  908  section to the board. If the board rejects a recommendation of
  909  the council, the board must state with particularity the basis
  910  for rejecting the recommendation and provide the council an
  911  opportunity to modify its recommendation. The board must
  912  consider the council’s modified recommendation.
  913         (5) REGISTRATION RENEWAL.—
  914         (a) An advanced practice registered nurse must biennially
  915  renew registration under this section. The biennial renewal for
  916  registration shall coincide with the advanced practice
  917  registered nurse’s biennial renewal period for licensure.
  918         (b) To renew his or her registration under this section, an
  919  advanced practice registered nurse must complete at least 10
  920  hours of continuing education approved by the board, in addition
  921  to completing 30 hours of continuing education requirements
  922  established by board rule pursuant to s. 464.013, regardless of
  923  whether the registrant is otherwise required to complete this
  924  requirement. If the initial renewal period occurs before January
  925  1, 2021, an advanced practice registered nurse who is registered
  926  under this section is not required to complete the continuing
  927  education requirement within this subsection until the following
  928  biennial renewal period.
  929         (6) PRACTITIONER PROFILE.—The department shall
  930  conspicuously distinguish an advanced practice registered
  931  nurse’s license if he or she is registered with the board under
  932  this section and include the registration in the advanced
  933  practice registered nurse’s practitioner profile created under
  934  s. 456.041.
  935         (7) DISCLOSURES.—When engaging in autonomous practice, an
  936  advanced practice registered nurse registered under this section
  937  must provide information in writing to a new patient about his
  938  or her qualifications and the nature of autonomous practice
  939  before or during the initial patient encounter.
  940         (8) RULES.—The board shall adopt rules to implement this
  941  section.
  942         Section 25. Section 464.0155, Florida Statutes, is created
  943  to read:
  944         464.0155 Reports of adverse incidents by advanced practice
  945  registered nurses.—
  946         (1) An advanced practice registered nurse registered under
  947  s. 464.0123 must report an adverse incident to the department in
  948  accordance with this section.
  949         (2) The report must be in writing, sent to the department
  950  by certified mail, and postmarked within 15 days after the
  951  occurrence of the adverse incident if the adverse incident
  952  occurs when the patient is in the direct care of the advanced
  953  practice registered nurse registered under s. 464.0123. If the
  954  adverse incident occurs when the patient is not in the direct
  955  care of the advanced practice registered nurse registered under
  956  s. 464.0123, the report must be postmarked within 15 days after
  957  the advanced practice registered nurse discovers, or reasonably
  958  should have discovered, the occurrence of the adverse incident.
  959         (3) For purposes of this section, the term “adverse
  960  incident” means an event over which the advanced practice
  961  registered nurse registered under s. 464.0123 could exercise
  962  control and which is associated in whole or in part with a
  963  nursing intervention, rather than the condition for which such
  964  intervention occurred, and which results in any of the following
  965  patient injuries:
  966         (a) Any condition that required the transfer of a patient
  967  from the practice location of the advanced practice registered
  968  nurse registered under s. 464.0123 to a hospital licensed under
  969  chapter 395.
  970         (b) A permanent physical injury to the patient.
  971         (c) The death of the patient.
  972         (4) The department shall review each report of an adverse
  973  incident and determine whether the adverse incident was
  974  attributable to conduct by the advanced practice registered
  975  nurse. Upon making such a determination, the board may take
  976  disciplinary action pursuant to s. 456.073.
  977         Section 26. Paragraph (r) is added to subsection (1) of
  978  section 464.018, Florida Statutes, to read:
  979         464.018 Disciplinary actions.—
  980         (1) The following acts constitute grounds for denial of a
  981  license or disciplinary action, as specified in ss. 456.072(2)
  982  and 464.0095:
  983         (r) For an advanced practice registered nurse registered
  984  under s. 464.0123:
  985         1. Paying or receiving any commission, bonus, kickback, or
  986  rebate from, or engaging in any split-fee arrangement in any
  987  form whatsoever with, a health care practitioner, organization,
  988  agency, or person, either directly or implicitly, for referring
  989  patients to providers of health care goods or services,
  990  including, but not limited to, hospitals, nursing homes,
  991  clinical laboratories, ambulatory surgical centers, or
  992  pharmacies. This subparagraph may not be construed to prevent an
  993  advanced practice registered nurse registered under s. 464.0123
  994  from receiving a fee for professional consultation services.
  995         2. Exercising influence within a patient-advanced practice
  996  registered nurse relationship for purposes of engaging a patient
  997  in sexual activity. A patient shall be presumed to be incapable
  998  of giving free, full, and informed consent to sexual activity
  999  with his or her advanced practice registered nurse registered
 1000  under s. 464.0123.
 1001         3. Making deceptive, untrue, or fraudulent representations
 1002  in or related to, or employing a trick or scheme in or related
 1003  to, advanced or specialized nursing practice.
 1004         4. Soliciting patients, either personally or through an
 1005  agent, by the use of fraud, intimidation, undue influence, or a
 1006  form of overreaching or vexatious conduct. As used in this
 1007  subparagraph, the term “soliciting” means directly or implicitly
 1008  requesting an immediate oral response from the recipient.
 1009         5. Failing to keep legible, as defined by department rule
 1010  in consultation with the board, medical records that identify
 1011  the advanced practice registered nurse, by name and professional
 1012  title, who is responsible for rendering, ordering, supervising,
 1013  or billing for each diagnostic or treatment procedure and that
 1014  justify the course of treatment of the patient, including, but
 1015  not limited to, patient histories; examination results; test
 1016  results; records of drugs prescribed, dispensed, or
 1017  administered; and reports of consultations or referrals.
 1018         6. Exercising influence on the patient to exploit the
 1019  patient for the financial gain of the advanced practice
 1020  registered nurse or a third party, including, but not limited
 1021  to, the promoting or selling of services, goods, appliances, or
 1022  drugs.
 1023         7. Performing professional services that have not been duly
 1024  authorized by the patient or his or her legal representative,
 1025  except as provided in s. 766.103 or s. 768.13.
 1026         8. Performing any procedure or prescribing any therapy
 1027  that, by the prevailing standards of advanced or specialized
 1028  nursing practice in the community, would constitute
 1029  experimentation on a human subject, without first obtaining
 1030  full, informed, and written consent.
 1031         9. Delegating professional responsibilities to a person
 1032  when the advanced practice registered nurse delegating such
 1033  responsibilities knows or has reason to believe that such person
 1034  is not qualified by training, experience, or licensure to
 1035  perform such responsibilities.
 1036         10. Committing, or conspiring with another to commit, an
 1037  act that would tend to coerce, intimidate, or preclude another
 1038  advanced practice registered nurse from lawfully advertising his
 1039  or her services.
 1040         11. Advertising or holding himself or herself out as having
 1041  certification in a specialty that he or she has not received.
 1042         12. Failing to comply with ss. 381.026 and 381.0261
 1043  relating to providing patients with information about their
 1044  rights and how to file a complaint.
 1045         13. Providing deceptive or fraudulent expert witness
 1046  testimony related to advanced or specialized nursing practice.
 1047         Section 27. Subsection (1) of section 626.9707, Florida
 1048  Statutes, is amended to read:
 1049         626.9707 Disability insurance; discrimination on basis of
 1050  sickle-cell trait prohibited.—
 1051         (1) An No insurer authorized to transact insurance in this
 1052  state may not shall refuse to issue and deliver in this state
 1053  any policy of disability insurance, whether such policy is
 1054  defined as individual, group, blanket, franchise, industrial, or
 1055  otherwise, which is currently being issued for delivery in this
 1056  state and which affords benefits and coverage for any medical
 1057  treatment or service authorized and permitted to be furnished by
 1058  a hospital, clinic, health clinic, neighborhood health clinic,
 1059  health maintenance organization, physician, physician’s
 1060  assistant, advanced practice registered nurse practitioner, or
 1061  medical service facility or personnel solely because the person
 1062  to be insured has the sickle-cell trait.
 1063         Section 28. Section 627.64025, Florida Statutes, is created
 1064  to read:
 1065         627.64025 Advanced practice registered nurse services.—A
 1066  health insurance policy that provides major medical coverage and
 1067  that is delivered, issued, or renewed in this state on or after
 1068  January 1, 2021, may not require an insured to receive services
 1069  from an advanced practice registered nurse registered under s.
 1070  464.0123 in place of a physician.
 1071         Section 29. Section 627.6621, Florida Statutes, is created
 1072  to read:
 1073         627.6621 Advanced practice registered nurse services.—A
 1074  group, blanket, or franchise health insurance policy that is
 1075  delivered, issued, or renewed in this state on or after January
 1076  1, 2021, may not require an insured to receive services from an
 1077  advanced practice registered nurse registered under s. 464.0123
 1078  in place of a physician.
 1079         Section 30. Paragraph (g) is added to subsection (5) of
 1080  section 627.6699, Florida Statutes, to read:
 1081         627.6699 Employee Health Care Access Act.—
 1082         (5) AVAILABILITY OF COVERAGE.—
 1083         (g) A health benefit plan covering small employers which is
 1084  delivered, issued, or renewed in this state on or after January
 1085  1, 2021, may not require an insured to receive services from an
 1086  advanced practice registered nurse registered under s. 464.0123
 1087  in place of a physician.
 1088         Section 31. Paragraph (a) of subsection (1) of section
 1089  627.736, Florida Statutes, is amended to read:
 1090         627.736 Required personal injury protection benefits;
 1091  exclusions; priority; claims.—
 1092         (1) REQUIRED BENEFITS.—An insurance policy complying with
 1093  the security requirements of s. 627.733 must provide personal
 1094  injury protection to the named insured, relatives residing in
 1095  the same household, persons operating the insured motor vehicle,
 1096  passengers in the motor vehicle, and other persons struck by the
 1097  motor vehicle and suffering bodily injury while not an occupant
 1098  of a self-propelled vehicle, subject to subsection (2) and
 1099  paragraph (4)(e), to a limit of $10,000 in medical and
 1100  disability benefits and $5,000 in death benefits resulting from
 1101  bodily injury, sickness, disease, or death arising out of the
 1102  ownership, maintenance, or use of a motor vehicle as follows:
 1103         (a) Medical benefits.—Eighty percent of all reasonable
 1104  expenses for medically necessary medical, surgical, X-ray,
 1105  dental, and rehabilitative services, including prosthetic
 1106  devices and medically necessary ambulance, hospital, and nursing
 1107  services if the individual receives initial services and care
 1108  pursuant to subparagraph 1. within 14 days after the motor
 1109  vehicle accident. The medical benefits provide reimbursement
 1110  only for:
 1111         1. Initial services and care that are lawfully provided,
 1112  supervised, ordered, or prescribed by a physician licensed under
 1113  chapter 458 or chapter 459, a dentist licensed under chapter
 1114  466, or a chiropractic physician licensed under chapter 460, or
 1115  an advanced practice registered nurse registered under s.
 1116  464.0123 or that are provided in a hospital or in a facility
 1117  that owns, or is wholly owned by, a hospital. Initial services
 1118  and care may also be provided by a person or entity licensed
 1119  under part III of chapter 401 which provides emergency
 1120  transportation and treatment.
 1121         2. Upon referral by a provider described in subparagraph
 1122  1., followup services and care consistent with the underlying
 1123  medical diagnosis rendered pursuant to subparagraph 1. which may
 1124  be provided, supervised, ordered, or prescribed only by a
 1125  physician licensed under chapter 458 or chapter 459, a
 1126  chiropractic physician licensed under chapter 460, a dentist
 1127  licensed under chapter 466, or an advanced practice registered
 1128  nurse registered under s. 464.0123, or, to the extent permitted
 1129  by applicable law and under the supervision of such physician,
 1130  osteopathic physician, chiropractic physician, or dentist, by a
 1131  physician assistant licensed under chapter 458 or chapter 459 or
 1132  an advanced practice registered nurse licensed under chapter
 1133  464. Followup services and care may also be provided by the
 1134  following persons or entities:
 1135         a. A hospital or ambulatory surgical center licensed under
 1136  chapter 395.
 1137         b. An entity wholly owned by one or more physicians
 1138  licensed under chapter 458 or chapter 459, chiropractic
 1139  physicians licensed under chapter 460, advanced practice
 1140  registered nurses registered under s. 464.0123, or dentists
 1141  licensed under chapter 466 or by such practitioners and the
 1142  spouse, parent, child, or sibling of such practitioners.
 1143         c. An entity that owns or is wholly owned, directly or
 1144  indirectly, by a hospital or hospitals.
 1145         d. A physical therapist licensed under chapter 486, based
 1146  upon a referral by a provider described in this subparagraph.
 1147         e. A health care clinic licensed under part X of chapter
 1148  400 which is accredited by an accrediting organization whose
 1149  standards incorporate comparable regulations required by this
 1150  state, or
 1151         (I) Has a medical director licensed under chapter 458,
 1152  chapter 459, or chapter 460;
 1153         (II) Has been continuously licensed for more than 3 years
 1154  or is a publicly traded corporation that issues securities
 1155  traded on an exchange registered with the United States
 1156  Securities and Exchange Commission as a national securities
 1157  exchange; and
 1158         (III) Provides at least four of the following medical
 1159  specialties:
 1160         (A) General medicine.
 1161         (B) Radiography.
 1162         (C) Orthopedic medicine.
 1163         (D) Physical medicine.
 1164         (E) Physical therapy.
 1165         (F) Physical rehabilitation.
 1166         (G) Prescribing or dispensing outpatient prescription
 1167  medication.
 1168         (H) Laboratory services.
 1169         3. Reimbursement for services and care provided in
 1170  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
 1171  licensed under chapter 458 or chapter 459, a dentist licensed
 1172  under chapter 466, a physician assistant licensed under chapter
 1173  458 or chapter 459, or an advanced practice registered nurse
 1174  licensed under chapter 464 has determined that the injured
 1175  person had an emergency medical condition.
 1176         4. Reimbursement for services and care provided in
 1177  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
 1178  provider listed in subparagraph 1. or subparagraph 2. determines
 1179  that the injured person did not have an emergency medical
 1180  condition.
 1181         5. Medical benefits do not include massage as defined in s.
 1182  480.033 or acupuncture as defined in s. 457.102, regardless of
 1183  the person, entity, or licensee providing massage or
 1184  acupuncture, and a licensed massage therapist or licensed
 1185  acupuncturist may not be reimbursed for medical benefits under
 1186  this section.
 1187         6. The Financial Services Commission shall adopt by rule
 1188  the form that must be used by an insurer and a health care
 1189  provider specified in sub-subparagraph 2.b., sub-subparagraph
 1190  2.c., or sub-subparagraph 2.e. to document that the health care
 1191  provider meets the criteria of this paragraph. Such rule must
 1192  include a requirement for a sworn statement or affidavit.
 1193  
 1194  Only insurers writing motor vehicle liability insurance in this
 1195  state may provide the required benefits of this section, and
 1196  such insurer may not require the purchase of any other motor
 1197  vehicle coverage other than the purchase of property damage
 1198  liability coverage as required by s. 627.7275 as a condition for
 1199  providing such benefits. Insurers may not require that property
 1200  damage liability insurance in an amount greater than $10,000 be
 1201  purchased in conjunction with personal injury protection. Such
 1202  insurers shall make benefits and required property damage
 1203  liability insurance coverage available through normal marketing
 1204  channels. An insurer writing motor vehicle liability insurance
 1205  in this state who fails to comply with such availability
 1206  requirement as a general business practice violates part IX of
 1207  chapter 626, and such violation constitutes an unfair method of
 1208  competition or an unfair or deceptive act or practice involving
 1209  the business of insurance. An insurer committing such violation
 1210  is subject to the penalties provided under that part, as well as
 1211  those provided elsewhere in the insurance code.
 1212         Section 32. Section 641.31075, Florida Statutes, is created
 1213  to read:
 1214         641.31075 Advanced practice registered nurse services.—A
 1215  health maintenance contract that is delivered, issued, or
 1216  renewed in this state on or after January 1, 2021, may not
 1217  require a subscriber to receive services from an advanced
 1218  practice registered nurse registered under s. 464.0123 in place
 1219  of a physician.
 1220         Section 33. Subsection (8) of section 641.495, Florida
 1221  Statutes, is amended to read:
 1222         641.495 Requirements for issuance and maintenance of
 1223  certificate.—
 1224         (8) Each organization’s contracts, certificates, and
 1225  subscriber handbooks shall contain a provision, if applicable,
 1226  disclosing that, for certain types of described medical
 1227  procedures, services may be provided by physician assistants,
 1228  advanced practice registered nurses nurse practitioners, or
 1229  other individuals who are not licensed physicians.
 1230         Section 34. Subsection (1) of section 744.2006, Florida
 1231  Statutes, is amended to read:
 1232         744.2006 Office of Public and Professional Guardians;
 1233  appointment, notification.—
 1234         (1) The executive director of the Office of Public and
 1235  Professional Guardians, after consultation with the chief judge
 1236  and other circuit judges within the judicial circuit and with
 1237  appropriate advocacy groups and individuals and organizations
 1238  who are knowledgeable about the needs of incapacitated persons,
 1239  may establish, within a county in the judicial circuit or within
 1240  the judicial circuit, one or more offices of public guardian and
 1241  if so established, shall create a list of persons best qualified
 1242  to serve as the public guardian, who have been investigated
 1243  pursuant to s. 744.3135. The public guardian must have knowledge
 1244  of the legal process and knowledge of social services available
 1245  to meet the needs of incapacitated persons. The public guardian
 1246  shall maintain a staff or contract with professionally qualified
 1247  individuals to carry out the guardianship functions, including
 1248  an attorney who has experience in probate areas and another
 1249  person who has a master’s degree in social work, or a
 1250  gerontologist, psychologist, advanced practice registered nurse,
 1251  or registered nurse, or nurse practitioner. A public guardian
 1252  that is a nonprofit corporate guardian under s. 744.309(5) must
 1253  receive tax-exempt status from the United States Internal
 1254  Revenue Service.
 1255         Section 35. Paragraph (a) of subsection (3) of section
 1256  744.331, Florida Statutes, is amended to read:
 1257         744.331 Procedures to determine incapacity.—
 1258         (3) EXAMINING COMMITTEE.—
 1259         (a) Within 5 days after a petition for determination of
 1260  incapacity has been filed, the court shall appoint an examining
 1261  committee consisting of three members. One member must be a
 1262  psychiatrist or other physician. The remaining members must be
 1263  either a psychologist, a gerontologist, a another psychiatrist,
 1264  a or other physician, an advanced practice registered nurse, a
 1265  registered nurse, a nurse practitioner, licensed social worker,
 1266  a person with an advanced degree in gerontology from an
 1267  accredited institution of higher education, or any other person
 1268  who by knowledge, skill, experience, training, or education may,
 1269  in the court’s discretion, advise the court in the form of an
 1270  expert opinion. One of three members of the committee must have
 1271  knowledge of the type of incapacity alleged in the petition.
 1272  Unless good cause is shown, the attending or family physician
 1273  may not be appointed to the committee. If the attending or
 1274  family physician is available for consultation, the committee
 1275  must consult with the physician. Members of the examining
 1276  committee may not be related to or associated with one another,
 1277  with the petitioner, with counsel for the petitioner or the
 1278  proposed guardian, or with the person alleged to be totally or
 1279  partially incapacitated. A member may not be employed by any
 1280  private or governmental agency that has custody of, or
 1281  furnishes, services or subsidies, directly or indirectly, to the
 1282  person or the family of the person alleged to be incapacitated
 1283  or for whom a guardianship is sought. A petitioner may not serve
 1284  as a member of the examining committee. Members of the examining
 1285  committee must be able to communicate, either directly or
 1286  through an interpreter, in the language that the alleged
 1287  incapacitated person speaks or to communicate in a medium
 1288  understandable to the alleged incapacitated person if she or he
 1289  is able to communicate. The clerk of the court shall send notice
 1290  of the appointment to each person appointed no later than 3 days
 1291  after the court’s appointment.
 1292         Section 36. Paragraph (b) of subsection (1) of section
 1293  744.3675, Florida Statutes, is amended to read:
 1294         744.3675 Annual guardianship plan.—Each guardian of the
 1295  person must file with the court an annual guardianship plan
 1296  which updates information about the condition of the ward. The
 1297  annual plan must specify the current needs of the ward and how
 1298  those needs are proposed to be met in the coming year.
 1299         (1) Each plan for an adult ward must, if applicable,
 1300  include:
 1301         (b) Information concerning the medical and mental health
 1302  conditions and treatment and rehabilitation needs of the ward,
 1303  including:
 1304         1. A resume of any professional medical treatment given to
 1305  the ward during the preceding year.
 1306         2. The report of a physician or an advanced practice
 1307  registered nurse registered under s. 464.0123 who examined the
 1308  ward no more than 90 days before the beginning of the applicable
 1309  reporting period. The report must contain an evaluation of the
 1310  ward’s condition and a statement of the current level of
 1311  capacity of the ward.
 1312         3. The plan for providing medical, mental health, and
 1313  rehabilitative services in the coming year.
 1314         Section 37. Paragraph (c) of subsection (1) of section
 1315  766.118, Florida Statutes, is amended to read:
 1316         766.118 Determination of noneconomic damages.—
 1317         (1) DEFINITIONS.—As used in this section, the term:
 1318         (c) “Practitioner” means any person licensed under chapter
 1319  458, chapter 459, chapter 460, chapter 461, chapter 462, chapter
 1320  463, chapter 466, chapter 467, chapter 486, or s. 464.012 or
 1321  registered under s. 464.0123. “Practitioner” also means any
 1322  association, corporation, firm, partnership, or other business
 1323  entity under which such practitioner practices or any employee
 1324  of such practitioner or entity acting in the scope of his or her
 1325  employment. For the purpose of determining the limitations on
 1326  noneconomic damages set forth in this section, the term
 1327  “practitioner” includes any person or entity for whom a
 1328  practitioner is vicariously liable and any person or entity
 1329  whose liability is based solely on such person or entity being
 1330  vicariously liable for the actions of a practitioner.
 1331         Section 38. Subsection (3) of section 768.135, Florida
 1332  Statutes, is amended to read:
 1333         768.135 Volunteer team physicians; immunity.—
 1334         (3) A practitioner licensed under chapter 458, chapter 459,
 1335  chapter 460, or s. 464.012 or registered under s. 464.0123 who
 1336  gratuitously and in good faith conducts an evaluation pursuant
 1337  to s. 1006.20(2)(c) is not liable for any civil damages arising
 1338  from that evaluation unless the evaluation was conducted in a
 1339  wrongful manner.
 1340         Section 39. Paragraph (a) of subsection (1) of section
 1341  1006.062, Florida Statutes, is amended to read:
 1342         1006.062 Administration of medication and provision of
 1343  medical services by district school board personnel.—
 1344         (1) Notwithstanding the provisions of the Nurse Practice
 1345  Act, part I of chapter 464, district school board personnel may
 1346  assist students in the administration of prescription medication
 1347  when the following conditions have been met:
 1348         (a) Each district school board shall include in its
 1349  approved school health services plan a procedure to provide
 1350  training, by a registered nurse, a licensed practical nurse, or
 1351  an advanced practice registered nurse licensed under chapter 464
 1352  or by a physician licensed under pursuant to chapter 458 or
 1353  chapter 459, or a physician assistant licensed under pursuant to
 1354  chapter 458 or chapter 459, to the school personnel designated
 1355  by the school principal to assist students in the administration
 1356  of prescribed medication. Such training may be provided in
 1357  collaboration with other school districts, through contract with
 1358  an education consortium, or by any other arrangement consistent
 1359  with the intent of this subsection.
 1360         Section 40. Paragraph (c) of subsection (2) of section
 1361  1006.20, Florida Statutes, is amended to read:
 1362         1006.20 Athletics in public K-12 schools.—
 1363         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 1364         (c) The FHSAA shall adopt bylaws that require all students
 1365  participating in interscholastic athletic competition or who are
 1366  candidates for an interscholastic athletic team to
 1367  satisfactorily pass a medical evaluation each year before prior
 1368  to participating in interscholastic athletic competition or
 1369  engaging in any practice, tryout, workout, or other physical
 1370  activity associated with the student’s candidacy for an
 1371  interscholastic athletic team. Such medical evaluation may be
 1372  administered only by a practitioner licensed under chapter 458,
 1373  chapter 459, chapter 460, or s. 464.012 or registered under s.
 1374  464.0123, and in good standing with the practitioner’s
 1375  regulatory board. The bylaws shall establish requirements for
 1376  eliciting a student’s medical history and performing the medical
 1377  evaluation required under this paragraph, which shall include a
 1378  physical assessment of the student’s physical capabilities to
 1379  participate in interscholastic athletic competition as contained
 1380  in a uniform preparticipation physical evaluation and history
 1381  form. The evaluation form shall incorporate the recommendations
 1382  of the American Heart Association for participation
 1383  cardiovascular screening and shall provide a place for the
 1384  signature of the practitioner performing the evaluation with an
 1385  attestation that each examination procedure listed on the form
 1386  was performed by the practitioner or by someone under the direct
 1387  supervision of the practitioner. The form shall also contain a
 1388  place for the practitioner to indicate if a referral to another
 1389  practitioner was made in lieu of completion of a certain
 1390  examination procedure. The form shall provide a place for the
 1391  practitioner to whom the student was referred to complete the
 1392  remaining sections and attest to that portion of the
 1393  examination. The preparticipation physical evaluation form shall
 1394  advise students to complete a cardiovascular assessment and
 1395  shall include information concerning alternative cardiovascular
 1396  evaluation and diagnostic tests. Results of such medical
 1397  evaluation must be provided to the school. A student is not
 1398  eligible to participate, as provided in s. 1006.15(3), in any
 1399  interscholastic athletic competition or engage in any practice,
 1400  tryout, workout, or other physical activity associated with the
 1401  student’s candidacy for an interscholastic athletic team until
 1402  the results of the medical evaluation have been received and
 1403  approved by the school.
 1404         Section 41. For the 2020-2021 fiscal year, the sums of
 1405  $219,089 in recurring funds and $17,716 in nonrecurring funds
 1406  from the Medical Quality Assurance Trust Fund are appropriated
 1407  to the Department of Health, and 3.5 full-time equivalent
 1408  positions with associated salary rate of 183,895 are authorized,
 1409  for the purpose of implementing s. 464.0123, Florida Statutes,
 1410  as created by this act.
 1411         Section 42. For the 2020-2021 fiscal year, two full-time
 1412  equivalent positions with associated salary rate of 82,211 are
 1413  authorized and the sums of $320,150 in recurring and $232,342 in
 1414  nonrecurring funds from the Health Care Trust Fund are
 1415  appropriated to the Agency for Health Care Administration for
 1416  the purpose of implementing sections 400.52, 400.53, and
 1417  408.822, Florida Statutes, as created by this act.
 1418         Section 43. Subsection (1) and paragraphs (a) and (b) of
 1419  subsection (2) of section 1009.65, Florida Statutes, are amended
 1420  to read:
 1421         1009.65 Medical Education Reimbursement and Loan Repayment
 1422  Program.—
 1423         (1) To encourage qualified medical professionals to
 1424  practice in underserved locations where there are shortages of
 1425  such personnel, there is established the Medical Education
 1426  Reimbursement and Loan Repayment Program. The function of the
 1427  program is to make payments that offset loans and educational
 1428  expenses incurred by students for studies leading to a medical
 1429  or nursing degree, medical or nursing licensure, or advanced
 1430  practice registered nurse licensure or physician assistant
 1431  licensure. The following licensed or certified health care
 1432  professionals are eligible to participate in this program:
 1433         (a) Medical doctors with primary care specialties, doctors
 1434  of osteopathic medicine with primary care specialties,
 1435  physician’s assistants, licensed practical nurses and registered
 1436  nurses, and advanced practice registered nurses with primary
 1437  care specialties such as certified nurse midwives. Primary care
 1438  medical specialties for physicians include obstetrics,
 1439  gynecology, general and family practice, internal medicine,
 1440  pediatrics, and other specialties which may be identified by the
 1441  Department of Health.
 1442         (2) From the funds available, the Department of Health
 1443  shall make payments to selected medical professionals as
 1444  follows:
 1445         1.(a) Up to $4,000 per year for licensed practical nurses
 1446  and registered nurses, up to $10,000 per year for advanced
 1447  practice registered nurses and physician’s assistants, and up to
 1448  $20,000 per year for physicians. Penalties for noncompliance
 1449  shall be the same as those in the National Health Services Corps
 1450  Loan Repayment Program. Educational expenses include costs for
 1451  tuition, matriculation, registration, books, laboratory and
 1452  other fees, other educational costs, and reasonable living
 1453  expenses as determined by the Department of Health.
 1454         2.(b) All payments are contingent on continued proof of
 1455  primary care practice in an area defined in s. 395.602(2)(b), or
 1456  an underserved area designated by the Department of Health,
 1457  provided the practitioner accepts Medicaid reimbursement if
 1458  eligible for such reimbursement. Correctional facilities, state
 1459  hospitals, and other state institutions that employ medical
 1460  personnel shall be designated by the Department of Health as
 1461  underserved locations. Locations with high incidences of infant
 1462  mortality, high morbidity, or low Medicaid participation by
 1463  health care professionals may be designated as underserved.
 1464         (b)Advanced practice registered nurses registered to
 1465  engage in autonomous practice under s. 464.0123 and practicing
 1466  in the primary care specialties of family medicine, general
 1467  pediatrics, general internal medicine, or midwifery. From the
 1468  funds available, the Department of Health shall make payments of
 1469  up to $15,000 per year to advanced practice registered nurses
 1470  registered under s. 464.0123 who demonstrate, as required by
 1471  department rule, active employment providing primary care
 1472  services in a public health program, an independent practice, or
 1473  a group practice that serves Medicaid recipients and other low
 1474  income patients and that is located in a primary care health
 1475  professional shortage area. Only loans to pay the costs of
 1476  tuition, books, medical equipment and supplies, uniforms, and
 1477  living expenses may be covered. For the purposes of this
 1478  paragraph:
 1479         1.“Primary care health professional shortage area” means a
 1480  geographic area, an area having a special population, or a
 1481  facility with a score of at least 18, as designated and
 1482  calculated by the Federal Health Resources and Services
 1483  Administration or a rural area as defined by the Federal Office
 1484  of Rural Health Policy.
 1485         2.“Public health program” means a county health
 1486  department, the Children’s Medical Services program, a federally
 1487  funded community health center, a federally funded migrant
 1488  health center, or any other publicly funded or nonprofit health
 1489  care program designated by the department.
 1490         Section 44. For the 2020-2021 fiscal year, the sum of $5
 1491  million in recurring funds is appropriated from the General
 1492  Revenue Fund to the Department of Health for the Health Care
 1493  Education Reimbursement and Loan Repayment Program pursuant to
 1494  s. 1009.65, Florida Statutes, for advanced practice registered
 1495  nurses registered to engage in autonomous practice under s.
 1496  464.0123, Florida Statutes.
 1497         Section 45. Except as expressly provided otherwise in this
 1498  act, and except for this section, which shall take effect upon
 1499  this act becoming a law, this act shall take effect July 1,
 1500  2020.
 1501  
 1502  ================= T I T L E  A M E N D M E N T ================
 1503  And the title is amended as follows:
 1504         Delete everything before the enacting clause
 1505  and insert:
 1506                        A bill to be entitled                      
 1507         An act relating to direct care workers; amending s.
 1508         400.141, F.S.; authorizing nursing home facilities to
 1509         use paid feeding assistants in accordance with
 1510         specified federal law under certain circumstances;
 1511         providing training program requirements; authorizing
 1512         the Agency for Health Care Administration to adopt
 1513         rules; amending s. 400.23, F.S.; prohibiting the
 1514         counting of paid feeding assistants toward compliance
 1515         with minimum staffing standards; amending s. 400.461,
 1516         F.S.; revising a short title; amending s. 400.462,
 1517         F.S.; revising the definition of the term “home health
 1518         aide”; amending s. 400.464, F.S.; requiring a licensed
 1519         home health agency that authorizes a registered nurse
 1520         to delegate tasks to a certified nursing assistant or
 1521         a home health aide to ensure that certain requirements
 1522         are met; amending s. 400.488, F.S.; authorizing an
 1523         unlicensed person to assist with self-administration
 1524         of certain treatments; revising the requirements for
 1525         such assistance; creating s. 400.489, F.S.;
 1526         authorizing home health aides to administer certain
 1527         prescription medications under certain conditions;
 1528         requiring such home health aides to meet certain
 1529         training and competency requirements; requiring that
 1530         the training, determination of competency, and annual
 1531         validation of home health aides be conducted by a
 1532         registered nurse or a physician; requiring home health
 1533         aides to complete annual inservice training in
 1534         medication administration and medication error
 1535         prevention, in addition to existing annual inservice
 1536         training requirements; requiring the agency, in
 1537         consultation with the Board of Nursing, to establish
 1538         by rule standards and procedures for medication
 1539         administration by home health aides; providing
 1540         requirements for such rules; creating s. 400.490,
 1541         F.S.; authorizing certified nursing assistants or home
 1542         health aides to perform certain tasks delegated by a
 1543         registered nurse; creating ss. 400.52 and 400.53,
 1544         F.S.; creating the Excellence in Home Health Program
 1545         and the Nurse Registry Excellence Program,
 1546         respectively, within the agency for a specified
 1547         purpose; requiring the agency to adopt rules
 1548         establishing program criteria; providing requirements
 1549         for such criteria; requiring the agency to annually
 1550         evaluate certain home health agencies and nurse
 1551         registries; providing program designation eligibility
 1552         requirements; providing that a program designation is
 1553         not transferable, with an exception; providing for the
 1554         expiration of awarded designations; requiring home
 1555         health agencies and nurse registries to biennially
 1556         renew the awarded program designation; authorizing a
 1557         program designation award recipient to use the
 1558         designation in advertising and marketing; specifying
 1559         circumstances under which a home health agency or
 1560         nurse registry may not use a program designation in
 1561         advertising or marketing; providing that an
 1562         application submitted under the program is not an
 1563         application for licensure; providing that certain
 1564         actions by the agency are not subject to certain
 1565         provisions; creating s. 408.822, F.S.; defining the
 1566         term “direct care worker”; requiring certain licensees
 1567         to provide specified information about their employees
 1568         in a survey beginning on a specified date; requiring
 1569         that the survey be completed on a form adopted by the
 1570         agency by rule and include a specified attestation;
 1571         requiring a licensee to submit such survey as a
 1572         contingency of license renewal; requiring the agency
 1573         to continually analyze the results of such surveys and
 1574         publish the results on the agency’s website; requiring
 1575         the agency to update such information monthly;
 1576         creating s. 464.0156, F.S.; authorizing a registered
 1577         nurse to delegate certain tasks to a certified nursing
 1578         assistant or a home health aide under certain
 1579         conditions; providing criteria that a registered nurse
 1580         must consider in determining if a task may be
 1581         delegated to a certified nursing assistant or a home
 1582         health aide; authorizing a registered nurse to
 1583         delegate prescription medication administration to a
 1584         certified nursing assistant or a home health aide,
 1585         subject to certain requirements; providing an
 1586         exception for certain controlled substances; requiring
 1587         the Board of Nursing, in consultation with the agency,
 1588         to adopt rules; amending s. 464.018, F.S.; providing
 1589         disciplinary action; creating s. 464.2035, F.S.;
 1590         authorizing certified nursing assistants to administer
 1591         certain prescription medications under certain
 1592         conditions; requiring such certified nursing
 1593         assistants to meet certain training and competency
 1594         requirements; requiring the training, determination of
 1595         competency, and annual validation of certified nursing
 1596         assistants to be conducted by a registered nurse or a
 1597         physician; requiring such certified nursing assistants
 1598         to complete annual inservice training in medication
 1599         administration and medication error prevention in
 1600         addition to existing annual inservice training
 1601         requirements; requiring the board, in consultation
 1602         with the agency, to adopt by rule standards and
 1603         procedures for medication administration by certified
 1604         nursing assistants; amending s. 381.026, F.S.;
 1605         revising the definition of the term “health care
 1606         provider” to include an advanced practice registered
 1607         nurse who is registered to engage in autonomous
 1608         practice for purposes of the Florida Patient’s Bill of
 1609         Rights and Responsibilities; amending s. 382.008,
 1610         F.S.; authorizing an advanced practice registered
 1611         nurse who is registered to engage in autonomous
 1612         practice to file a certificate of death or fetal death
 1613         under certain circumstances; authorizing an advanced
 1614         practice registered nurse who is registered to engage
 1615         in autonomous practice to provide certain information
 1616         to the funeral director within a specified time
 1617         period; replacing the term “primary or attending
 1618         physician” with “primary or attending practitioner”;
 1619         defining the term “primary or attending practitioner”;
 1620         amending s. 382.011, F.S.; conforming a provision to
 1621         changes made by the act; amending s. 394.463, F.S.;
 1622         authorizing an advanced practice registered nurse who
 1623         is registered to engage in autonomous practice to
 1624         initiate an involuntary examination for mental illness
 1625         under certain circumstances; amending s. 397.501,
 1626         F.S.; prohibiting the denial of certain services to an
 1627         individual who takes medication prescribed by an
 1628         advanced practice registered nurse who is registered
 1629         to engage in autonomous practice; amending s. 409.905,
 1630         F.S.; requiring the Agency for Health Care
 1631         Administration to pay for services provided to
 1632         Medicaid recipients by a licensed advanced practice
 1633         registered nurse who is registered to engage in
 1634         autonomous practice; amending s. 456.053, F.S.;
 1635         revising definitions; authorizing an advanced practice
 1636         registered nurse registered to engage in autonomous
 1637         practice to make referrals under certain
 1638         circumstances; conforming a provision to changes made
 1639         by the act; amending s. 464.003, F.S.; defining the
 1640         term “autonomous practice”; amending s. 464.012, F.S.;
 1641         conforming a provision to changes made by the act;
 1642         providing an exception; creating s. 464.0123, F.S.;
 1643         providing for the registration of an advanced practice
 1644         registered nurse to engage in autonomous practice;
 1645         providing registration requirements; providing
 1646         financial responsibility requirements; authorizing an
 1647         advanced practice registered nurse to engage in
 1648         autonomous practice to provide primary health care
 1649         services; requiring the department to adopt rules
 1650         relating to scope of practice; requiring the
 1651         department to distinguish such advanced practice
 1652         registered nurses’ licenses and include the
 1653         registration in their practitioner profiles;
 1654         authorizing such advanced practice registered nurses
 1655         to perform specified acts without physician
 1656         supervision or supervisory protocol; establishing the
 1657         Council on Advanced Practice Registered Nurse
 1658         Autonomous Practice to recommend standards of practice
 1659         for advanced practice registered nurses engaging in
 1660         autonomous practice for adoption in rule by the board;
 1661         providing for appointment and terms of committee
 1662         members; requiring the board to state with
 1663         particularity its reason for rejecting a
 1664         recommendation and provide the council an opportunity
 1665         to modify the recommendation; requiring the board to
 1666         adopt rules to establish certain standards of
 1667         practice; requiring biennial registration renewal and
 1668         continuing education; requiring the board to adopt
 1669         rules; creating s. 464.0155, F.S.; requiring advanced
 1670         practice registered nurses registered to engage in
 1671         autonomous practice to report adverse incidents to the
 1672         Department of Health; providing requirements; defining
 1673         the term “adverse incident”; providing for department
 1674         review of such reports; authorizing the department to
 1675         take disciplinary action; amending s. 464.018, F.S.;
 1676         providing additional grounds for denial of a license
 1677         or disciplinary action for advanced practice
 1678         registered nurses registered to engage in autonomous
 1679         practice; amending s. 626.9707, F.S.; conforming
 1680         terminology; creating ss. 627.64025 and 627.6621,
 1681         F.S.; prohibiting certain health insurance policies
 1682         and certain group, blanket, or franchise health
 1683         insurance policies, respectively, from requiring an
 1684         insured to receive services from an advanced practice
 1685         registered nurse registered to engage in autonomous
 1686         practice in place of a physician; amending s.
 1687         627.6699, F.S.; prohibiting certain health benefit
 1688         plans from requiring an insured to receive services
 1689         from an advanced practice registered nurse registered
 1690         to engage in autonomous practice in place of a
 1691         physician; amending s. 627.736, F.S.; requiring
 1692         personal injury protection insurance policies to cover
 1693         a certain percentage of medical services and care
 1694         provided by an advanced practice registered nurse
 1695         registered to engage in autonomous practice; providing
 1696         for specified reimbursement of such an advanced
 1697         practice registered nurse; creating s. 641.31075,
 1698         F.S.; prohibiting certain health maintenance contracts
 1699         from requiring a subscriber to receive services from
 1700         an advanced practice registered nurse registered to
 1701         engage in autonomous practice in place of a primary
 1702         care physician; amending s. 641.495, F.S.; requiring
 1703         certain health maintenance organization documents to
 1704         disclose specified information; amending ss. 744.2006
 1705         and 744.331, F.S.; conforming terminology; amending s.
 1706         744.3675, F.S.; authorizing an advanced practice
 1707         registered nurse to provide the medical report of a
 1708         ward in an annual guardianship plan; amending s.
 1709         766.118, F.S.; revising the definition of the term
 1710         “practitioner” to include an advanced practice
 1711         registered nurse registered to engage in autonomous
 1712         practice; amending s. 768.135, F.S.; providing
 1713         immunity from liability for an advanced practice
 1714         registered nurse registered to engage in autonomous
 1715         practice who provides volunteer services under certain
 1716         circumstances; amending s. 1006.062, F.S.; authorizing
 1717         an advanced practice registered nurse to provide
 1718         training in the administration of medication to
 1719         designated school personnel; amending s. 1006.20,
 1720         F.S.; authorizing an advanced practice registered
 1721         nurse registered to engage in autonomous practice to
 1722         medically evaluate a student athlete; amending s.
 1723         1009.65, F.S.; authorizing an advanced practice
 1724         registered nurse registered to engage in autonomous
 1725         practice to receive payments under the Health Care
 1726         Education Reimbursement and Loan Repayment Program;
 1727         establishing payment amounts; providing appropriations
 1728         and authorizing positions; providing effective dates.