CS for CS for SB 1568 First Engrossed
20211568e1
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.0045, F.S.; revising the purpose of the
4 department’s targeted outreach program for certain
5 pregnant women; requiring the department to encourage
6 high-risk pregnant women of unknown status to be
7 tested for sexually transmissible diseases; requiring
8 the department to provide specified information to
9 pregnant women who have human immunodeficiency virus
10 (HIV); requiring the department to link women with
11 mental health services when available; requiring the
12 department to educate pregnant women who have HIV on
13 certain information; requiring the department to
14 provide, for a specified purpose, continued oversight
15 of newborns exposed to HIV; amending s. 381.0061,
16 F.S., as amended by s. 41 of chapter 2020-150, Laws of
17 Florida; revising provisions related to administrative
18 fines for violations relating to onsite sewage
19 treatment and disposal systems and septic tank
20 contracting; creating s. 381.00635, F.S.; transferring
21 provisions from s. 381.0067, F.S., relating to
22 corrective orders for private and certain public water
23 systems; amending s. 381.0067, F.S.; conforming
24 provisions to changes made by the act; amending s.
25 381.0101, F.S.; revising certification requirements
26 for persons performing evaluations of onsite sewage
27 treatment and disposal systems; making technical
28 changes; creating s. 395.3042, F.S.; requiring the
29 department to send a list of certain providers of
30 adult cardiovascular services to the medical directors
31 of licensed emergency medical services providers by a
32 specified date each year; requiring the department to
33 develop a sample heart attack-triage assessment tool;
34 requiring the department to post the sample assessment
35 tool on its website and provide a copy of it to all
36 licensed emergency medical services providers;
37 requiring such providers to use an assessment tool
38 substantially similar to the one developed by the
39 department; requiring the medical director of each
40 licensed emergency medical services provider to
41 develop and implement certain protocols for heart
42 attack patients; providing requirements for such
43 protocols; requiring licensed emergency medical
44 services providers to comply with certain provisions;
45 amending s. 401.465, F.S.; defining the term
46 “telecommunicator cardiopulmonary resuscitation
47 training”; requiring certain 911 public safety
48 telecommunicators to receive biannual telecommunicator
49 cardiopulmonary resuscitation training; amending s.
50 408.033, F.S.; authorizing local health councils to
51 collect utilization data from licensed hospitals
52 within their respective local health council districts
53 for a specified purpose; amending s. 456.47, F.S.;
54 authorizing telehealth providers to prescribe
55 specified controlled substances through telehealth
56 under certain circumstances; revising an exemption
57 from telehealth registration requirements; amending s.
58 460.406, F.S.; revising provisions related to
59 chiropractic physician licensing; amending s. 464.008,
60 F.S.; deleting a requirement that certain nursing
61 program graduates complete a specified preparatory
62 course; amending s. 464.018, F.S.; revising grounds
63 for disciplinary action against licensed nurses;
64 amending s. 465.1893, F.S.; providing additional long
65 acting medications that pharmacists may administer
66 under certain circumstances; revising requirements for
67 a continuing education course such pharmacists must
68 complete; amending s. 466.028, F.S.; revising grounds
69 for disciplinary action by the Board of Dentistry;
70 amending s. 466.0285, F.S.; exempting certain
71 specialty hospitals from prohibitions relating to the
72 employment of dentists and dental hygienists and the
73 control of dental equipment and materials by
74 nondentists; exempting such hospitals from a
75 prohibition on nondentists entering into certain
76 agreements with dentists or dental hygienists; making
77 technical changes; amending s. 467.003, F.S.; revising
78 and defining terms; amending s. 467.009, F.S.;
79 revising provisions related to approved midwifery
80 programs; amending s. 467.011, F.S.; revising
81 provisions relating to licensure of midwives; amending
82 s. 467.0125, F.S.; revising provisions relating to
83 licensure by endorsement of midwives; revising
84 requirements for temporary certificates to practice
85 midwifery in this state; amending s. 467.205, F.S.;
86 revising provisions relating to approval, continued
87 monitoring, probationary status, provisional approval,
88 and approval rescission of midwifery programs;
89 amending s. 468.803, F.S.; revising provisions related
90 to orthotist and prosthetist registration,
91 examination, and licensing; amending s. 483.801, F.S.;
92 exempting certain persons from clinical laboratory
93 personnel regulations; amending s. 483.824, F.S.;
94 revising educational requirements for clinical
95 laboratory directors; amending s. 490.003, F.S.;
96 defining the terms “doctoral degree from an American
97 Psychological Association accredited program” and
98 “doctoral degree in psychology”; amending ss. 490.005
99 and 490.0051, F.S.; revising education requirements
100 for psychologist licensing and provisional licensing,
101 respectively; amending s. 491.005, F.S.; revising
102 licensing requirements for clinical social workers,
103 marriage and family therapists, and mental health
104 counselors; amending s. 381.986, F.S.; prohibiting the
105 department from renewing a medical marijuana treatment
106 center’s license under certain circumstances;
107 providing effective dates.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Subsections (2) and (3) of section 381.0045,
112 Florida Statutes, are amended to read:
113 381.0045 Targeted outreach for pregnant women.—
114 (2) It is the purpose of this section to establish a
115 targeted outreach program for high-risk pregnant women who may
116 not seek proper prenatal care, who suffer from substance abuse
117 or mental health problems, or who have are infected with human
118 immunodeficiency virus (HIV), and to provide these women with
119 links to much needed services and information.
120 (3) The department shall:
121 (a) Conduct outreach programs through contracts with,
122 grants to, or other working relationships with persons or
123 entities where the target population is likely to be found.
124 (b) Provide outreach that is peer-based, culturally
125 sensitive, and performed in a nonjudgmental manner.
126 (c) Encourage high-risk pregnant women of unknown status to
127 be tested for HIV and other sexually transmissible diseases as
128 specified by department rule.
129 (d) Educate women not receiving prenatal care as to the
130 benefits of such care.
131 (e) Provide HIV-infected pregnant women who have HIV with
132 information on the need for antiretroviral medication for their
133 newborn, their medication options, and how they can access the
134 medication after their discharge from the hospital so they can
135 make an informed decision about the use of Zidovudine (AZT).
136 (f) Link women with substance abuse treatment and mental
137 health services, when available, and act as a liaison with
138 Healthy Start coalitions, children’s medical services, Ryan
139 White-funded providers, and other services of the Department of
140 Health.
141 (g) Educate pregnant women who have HIV on the importance
142 of engaging in and continuing HIV care.
143 (h) Provide continued oversight of to HIV-exposed newborns
144 exposed to HIV to determine the newborn’s final HIV status and
145 ensure continued linkage to care if the newborn is diagnosed
146 with HIV.
147 Section 2. Subsection (1) of section 381.0061, Florida
148 Statutes, as amended by section 41 of chapter 2020-150, Laws of
149 Florida, is amended to read:
150 381.0061 Administrative fines.—
151 (1) In addition to any administrative action authorized by
152 chapter 120 or by other law, the department may impose a fine,
153 which may not exceed $500 for each violation, for a violation of
154 s. 381.006(15), s. 381.0065, s. 381.0066, s. 381.0072, or part
155 III of chapter 489, for a violation of any rule adopted under
156 this chapter, or for a violation of chapter 386. Notice of
157 intent to impose such fine shall be given by the department to
158 the alleged violator. Each day that a violation continues may
159 constitute a separate violation.
160 Section 3. Section 381.00635, Florida Statutes, is created
161 to read:
162 381.00635 Corrective orders; private and certain public
163 water systems.—When the department or its agents, through
164 investigation, find that any private water system or public
165 water system not covered or included in the Florida Safe
166 Drinking Water Act, part VI of chapter 403, constitutes a
167 nuisance or menace to the public health or significantly
168 degrades the groundwater or surface water, the department or its
169 agents may issue an order requiring the owner to correct the
170 improper condition.
171 Section 4. Section 381.0067, Florida Statutes, is amended
172 to read:
173 381.0067 Corrective orders; private and certain public
174 water systems and onsite sewage treatment and disposal systems.
175 When the department or its agents, through investigation, find
176 that any private water system, public water system not covered
177 or included in the Florida Safe Drinking Water Act (part VI of
178 chapter 403), or onsite sewage treatment and disposal system
179 constitutes a nuisance or menace to the public health or
180 significantly degrades the groundwater or surface water, the
181 department or its agents may issue an order requiring the owner
182 to correct the improper condition. If the improper condition
183 relates to the drainfield of an onsite sewage treatment and
184 disposal system, the department or its agents may issue an order
185 requiring the owner to repair or replace the drainfield. If an
186 onsite sewage treatment and disposal system has failed, the
187 department or its agents shall issue an order requiring the
188 owner to replace the system. For purposes of this section, an
189 onsite sewage treatment and disposal system has failed if the
190 operation of the system constitutes a nuisance or menace to the
191 public health or significantly degrades the groundwater or
192 surface water and the system cannot be repaired.
193 Section 5. Subsections (2) and (4) of section 381.0101,
194 Florida Statutes, are amended to read:
195 381.0101 Environmental health professionals.—
196 (2) CERTIFICATION REQUIRED.—A person may not perform
197 environmental health or sanitary evaluations in any primary
198 program area of environmental health or an onsite sewage
199 treatment and disposal program under ss. 381.0065 and 381.00651
200 without being certified by the department as competent to
201 perform such evaluations. This section does not apply to:
202 (a) Persons performing inspections of public food service
203 establishments licensed under chapter 509; or
204 (b) Persons performing site evaluations in order to
205 determine proper placement and installation of onsite sewage
206 wastewater treatment and disposal systems who have successfully
207 completed a department-approved soils morphology course and who
208 are working under the direct responsible charge of an engineer
209 licensed under chapter 471.
210 (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
211 rules that establish definitions of terms and minimum standards
212 of education, training, or experience for those persons subject
213 to this section. The rules must also address the process for
214 application, examination, issuance, expiration, and renewal of
215 certification and ethical standards of practice for the
216 profession.
217 (a) Persons employed as environmental health professionals
218 shall exhibit a knowledge of rules and principles of
219 environmental and public health law in Florida through
220 examination. A person may not conduct environmental health
221 evaluations in a primary program area or an onsite sewage
222 treatment and disposal program under ss. 381.0065 and 381.00651
223 unless he or she is currently certified in that program area or
224 works under the direct supervision of a certified environmental
225 health professional.
226 1. All persons who begin employment in a primary
227 environmental health program or an onsite sewage treatment and
228 disposal system program on or after September 21, 1994, must be
229 certified in that program within 6 months after employment.
230 2. Persons employed in the primary environmental health
231 program of a food protection program or an onsite sewage
232 treatment and disposal system program before prior to September
233 21, 1994, are shall be considered certified while employed in
234 that position and are shall be required to adhere to any
235 professional standards established by the department pursuant to
236 paragraph (b), complete any continuing education requirements
237 imposed under paragraph (d), and pay the certificate renewal fee
238 imposed under subsection (6).
239 3. Persons employed in the primary environmental health
240 program of a food protection program or an onsite sewage
241 treatment and disposal system program before prior to September
242 21, 1994, who change positions or program areas and transfer
243 into another primary environmental health program area on or
244 after September 21, 1994, must be certified in that program
245 within 6 months after such transfer, except that they are will
246 not be required to possess the college degree required under
247 paragraph (e).
248 4. Registered sanitarians are shall be considered certified
249 and are shall be required to adhere to any professional
250 standards established by the department pursuant to paragraph
251 (b).
252 (b) At a minimum, the department shall establish standards
253 for professionals in the areas of food hygiene and onsite sewage
254 treatment and disposal.
255 (c) Those persons conducting primary environmental health
256 evaluations or evaluations of onsite sewage treatment and
257 disposal systems must shall be certified by examination to be
258 knowledgeable in any primary area of environmental health in
259 which they are routinely assigned duties.
260 (d) Persons who are certified shall renew their
261 certification biennially by completing a minimum of not less
262 than 24 contact hours of continuing education for each program
263 area in which they maintain certification, subject to a maximum
264 of 48 hours for multiprogram certification.
265 (e) Applicants for certification must shall have graduated
266 from an accredited 4-year college or university with a degree or
267 major coursework in public health, environmental health,
268 environmental science, or a physical or biological science.
269 (f) A certificateholder must shall notify the department
270 within 60 days after any change of name or address from that
271 which appears on the current certificate.
272 Section 6. Section 395.3042, Florida Statutes, is created
273 to read:
274 395.3042 Emergency medical services providers; triage and
275 transportation of heart attack victims to an adult
276 cardiovascular services provider.—
277 (1) By June 1 of each year, the department shall send a
278 list of providers of Level I and Level II adult cardiovascular
279 services to the medical director of each licensed emergency
280 medical services provider in this state.
281 (2) The department shall develop a sample heart attack
282 triage assessment tool. The department shall post this sample
283 assessment tool on its website and provide a copy of the
284 assessment tool to each licensed emergency medical services
285 provider. Each licensed emergency medical services provider
286 shall use a heart attack-triage assessment tool that is
287 substantially similar to the sample heart attack-triage
288 assessment tool provided by the department.
289 (3) The medical director of each licensed emergency medical
290 services provider shall develop and implement assessment,
291 treatment, and transport-destination protocols for heart attack
292 patients with the intent to assess, treat, and transport heart
293 attack patients to the most appropriate hospital. Such protocols
294 must include the development and implementation of plans for the
295 triage and transport of patients with acute heart attack
296 symptoms.
297 (4) Each emergency medical services provider licensed under
298 chapter 401 must comply with this section.
299 Section 7. Present subsections (3) and (4) of section
300 401.465, Florida Statutes, are redesignated as subsections (4)
301 and (5), respectively, paragraph (d) is added to subsection (1)
302 and a new subsection (3) is added to that section, and
303 paragraphs (d) and (j) of subsection (2) of that section are
304 amended, to read:
305 401.465 911 public safety telecommunicator certification.—
306 (1) DEFINITIONS.—As used in this section, the term:
307 (d) “Telecommunicator cardiopulmonary resuscitation
308 training” means specific training, including continuous
309 education, that is evidence based and contains nationally
310 accepted guidelines for high-quality telecommunicator
311 cardiopulmonary resuscitation with the recognition of out-of
312 hospital cardiac arrest over the telephone and the delivery of
313 telephonic instructions for treating cardiac arrest and
314 performing compression-only cardiopulmonary resuscitation.
315 (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
316 (d) The department shall determine whether the applicant
317 meets the requirements specified in this section and in rules of
318 the department and shall issue a certificate to any person who
319 meets such requirements. Such requirements must include the
320 following:
321 1. Completion of an appropriate 911 public safety
322 telecommunication training program;
323 2. Certification under oath that the applicant is not
324 addicted to alcohol or any controlled substance;
325 3. Certification under oath that the applicant is free from
326 any physical or mental defect or disease that might impair the
327 applicant’s ability to perform his or her duties;
328 4. Submission of the application fee prescribed in
329 subsection (4) (3);
330 5. Submission of a completed application to the department
331 which indicates compliance with subparagraphs 1., 2., and 3.;
332 and
333 6. Effective October 1, 2012, passage of an examination
334 approved by the department which measures the applicant’s
335 competency and proficiency in the subject material of the public
336 safety telecommunication training program.
337 (j)1. The requirement for certification as a 911 public
338 safety telecommunicator is waived for a person employed as a
339 sworn state-certified law enforcement officer, provided the
340 officer:
341 a. Is selected by his or her chief executive to perform as
342 a 911 public safety telecommunicator;
343 b. Performs as a 911 public safety telecommunicator on an
344 occasional or limited basis; and
345 c. Passes the department-approved examination that measures
346 the competency and proficiency of an applicant in the subject
347 material comprising the public safety telecommunication program.
348 2. A sworn state-certified law enforcement officer who
349 fails an examination taken under subparagraph 1. must take a
350 department-approved public safety telecommunication training
351 program prior to retaking the examination.
352 3. The testing required under this paragraph is exempt from
353 the examination fee required under subsection (4) (3).
354 (3) TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION
355 TRAINING.—In addition to the certification and recertification
356 requirements imposed by this section, 911 public safety
357 telecommunicators who take telephone calls and provide dispatch
358 functions for emergency medical conditions also shall receive
359 telecommunicator cardiopulmonary resuscitation training every 2
360 years.
361 Section 8. Paragraph (h) is added to subsection (1) of
362 section 408.033, Florida Statutes, to read:
363 408.033 Local and state health planning.—
364 (1) LOCAL HEALTH COUNCILS.—
365 (h) For the purpose of performing their duties under this
366 section, local health councils may collect utilization data from
367 each hospital licensed under chapter 395 which is located within
368 their respective local health council districts.
369 Section 9. Paragraph (c) of subsection (2) and subsection
370 (6) of section 456.47, Florida Statutes, are amended to read:
371 456.47 Use of telehealth to provide services.—
372 (2) PRACTICE STANDARDS.—
373 (c) A telehealth provider, acting within the scope of his
374 or her practice and in accordance with chapter 893, may not use
375 telehealth to prescribe a controlled substance listed in
376 Schedule III, Schedule IV, or Schedule V of s. 893.03 and may
377 use telehealth to prescribe a controlled substance listed in
378 Schedule II of s. 893.03 if unless the controlled substance is
379 prescribed for the following:
380 1. The treatment of a psychiatric disorder;
381 2. Inpatient treatment at a hospital licensed under chapter
382 395;
383 3. The treatment of a patient receiving hospice services as
384 defined in s. 400.601; or
385 4. The treatment of a resident of a nursing home facility
386 as defined in s. 400.021.
387 (6) EXEMPTIONS.—A health care professional who is not
388 licensed to provide health care services in this state but who
389 holds an active license to provide health care services in
390 another state or jurisdiction, and who provides health care
391 services using telehealth to a patient located in this state, is
392 not subject to the registration requirement under this section
393 if the services are provided:
394 (a) In response to an emergency medical condition as
395 defined in s. 395.002; or
396 (b) In consultation with a health care professional
397 licensed in this state who has ultimate authority over the
398 diagnosis and care of the patient.
399 Section 10. Subsection (1) of section 460.406, Florida
400 Statutes, is amended to read:
401 460.406 Licensure by examination.—
402 (1) Any person desiring to be licensed as a chiropractic
403 physician must apply to the department to take the licensure
404 examination. There shall be an application fee set by the board
405 not to exceed $100 which shall be nonrefundable. There shall
406 also be an examination fee not to exceed $500 plus the actual
407 per applicant cost to the department for purchase of portions of
408 the examination from the National Board of Chiropractic
409 Examiners or a similar national organization, which may be
410 refundable if the applicant is found ineligible to take the
411 examination. The department shall examine each applicant who the
412 board certifies has met all of the following criteria:
413 (a) Completed the application form and remitted the
414 appropriate fee.
415 (b) Submitted proof satisfactory to the department that he
416 or she is not less than 18 years of age.
417 (c) Submitted proof satisfactory to the department that he
418 or she is a graduate of a chiropractic college which is
419 accredited by or has status with the Council on Chiropractic
420 Education or its predecessor agency. However, any applicant who
421 is a graduate of a chiropractic college that was initially
422 accredited by the Council on Chiropractic Education in 1995, who
423 graduated from such college within the 4 years immediately
424 preceding such accreditation, and who is otherwise qualified is
425 shall be eligible to take the examination. An No application for
426 a license to practice chiropractic medicine may not shall be
427 denied solely because the applicant is a graduate of a
428 chiropractic college that subscribes to one philosophy of
429 chiropractic medicine as distinguished from another.
430 (d)1. For an applicant who has matriculated in a
431 chiropractic college before prior to July 2, 1990, completed at
432 least 2 years of residence college work, consisting of a minimum
433 of one-half the work acceptable for a bachelor’s degree granted
434 on the basis of a 4-year period of study, in a college or
435 university accredited by an institutional accrediting agency
436 recognized and approved by the United States Department of
437 Education. However, before prior to being certified by the board
438 to sit for the examination, each applicant who has matriculated
439 in a chiropractic college after July 1, 1990, must shall have
440 been granted a bachelor’s degree, based upon 4 academic years of
441 study, by a college or university accredited by an institutional
442 a regional accrediting agency which is a member of the
443 Commission on Recognition of Postsecondary Accreditation.
444 2. Effective July 1, 2000, completed, before prior to
445 matriculation in a chiropractic college, at least 3 years of
446 residence college work, consisting of a minimum of 90 semester
447 hours leading to a bachelor’s degree in a liberal arts college
448 or university accredited by an institutional accrediting agency
449 recognized and approved by the United States Department of
450 Education. However, before prior to being certified by the board
451 to sit for the examination, each applicant who has matriculated
452 in a chiropractic college after July 1, 2000, must shall have
453 been granted a bachelor’s degree from an institution holding
454 accreditation for that degree from an institutional a regional
455 accrediting agency which is recognized by the United States
456 Department of Education. The applicant’s chiropractic degree
457 must consist of credits earned in the chiropractic program and
458 may not include academic credit for courses from the bachelor’s
459 degree.
460 (e) Successfully completed the National Board of
461 Chiropractic Examiners certification examination in parts I, II,
462 III, and IV, and the physiotherapy examination of the National
463 Board of Chiropractic Examiners, with a score approved by the
464 board.
465 (f) Submitted to the department a set of fingerprints on a
466 form and under procedures specified by the department, along
467 with payment in an amount equal to the costs incurred by the
468 Department of Health for the criminal background check of the
469 applicant.
470
471 The board may require an applicant who graduated from an
472 institution accredited by the Council on Chiropractic Education
473 more than 10 years before the date of application to the board
474 to take the National Board of Chiropractic Examiners Special
475 Purposes Examination for Chiropractic, or its equivalent, as
476 determined by the board. The board shall establish by rule a
477 passing score.
478 Section 11. Subsection (4) of section 464.008, Florida
479 Statutes, is amended to read:
480 464.008 Licensure by examination.—
481 (4) If an applicant who graduates from an approved program
482 does not take the licensure examination within 6 months after
483 graduation, he or she must enroll in and successfully complete a
484 board-approved licensure examination preparatory course. The
485 applicant is responsible for all costs associated with the
486 course and may not use state or federal financial aid for such
487 costs. The board shall by rule establish guidelines for
488 licensure examination preparatory courses.
489 Section 12. Paragraph (e) of subsection (1) of section
490 464.018, Florida Statutes, is amended to read:
491 464.018 Disciplinary actions.—
492 (1) The following acts constitute grounds for denial of a
493 license or disciplinary action, as specified in ss. 456.072(2)
494 and 464.0095:
495 (e) Having been found guilty of, regardless of
496 adjudication, or entered a plea of nolo contendere or guilty to,
497 regardless of adjudication, any offense prohibited under s.
498 435.04 or similar statute of another jurisdiction; or having
499 committed an act which constitutes domestic violence as defined
500 in s. 741.28.
501 Section 13. Section 465.1893, Florida Statutes, is amended
502 to read:
503 465.1893 Administration of long-acting antipsychotic
504 medication by injection.—
505 (1)(a) A pharmacist, at the direction of a physician
506 licensed under chapter 458 or chapter 459, may administer a
507 long-acting antipsychotic medication or an extended-release
508 medication indicated to treat opioid use disorder, alcohol use
509 disorder, or other substance use disorders or dependencies,
510 including, but not limited to, buprenorphine, naltrexone, or
511 other medications that have been approved by the United States
512 Food and Drug Administration by injection to a patient if the
513 pharmacist:
514 1. Is authorized by and acting within the framework of an
515 established protocol with the prescribing physician.
516 2. Practices at a facility that accommodates privacy for
517 nondeltoid injections and conforms with state rules and
518 regulations regarding the appropriate and safe disposal of
519 medication and medical waste.
520 3. Has completed the course required under subsection (2).
521 (b) A separate prescription from a physician is required
522 for each injection administered by a pharmacist under this
523 subsection.
524 (2)(a) A pharmacist seeking to administer a long-acting
525 antipsychotic medication described in paragraph (1)(a) by
526 injection must complete an 8-hour continuing education course
527 offered by:
528 1. A statewide professional association of physicians in
529 this state accredited to provide educational activities
530 designated for the American Medical Association Physician’s
531 Recognition Award (AMA PRA) Category 1 Credit or the American
532 Osteopathic Association (AOA) Category 1-A continuing medical
533 education (CME) credit; and
534 2. A statewide association of pharmacists.
535 (b) The course may be offered in a distance learning format
536 and must be included in the 30 hours of continuing professional
537 pharmaceutical education required under s. 465.009(1). The
538 course shall have a curriculum of instruction that concerns the
539 safe and effective administration of behavioral health,
540 addiction, and antipsychotic medications by injection,
541 including, but not limited to, potential allergic reactions to
542 such medications.
543 Section 14. Paragraph (h) of subsection (1) of section
544 466.028, Florida Statutes, is amended to read:
545 466.028 Grounds for disciplinary action; action by the
546 board.—
547 (1) The following acts constitute grounds for denial of a
548 license or disciplinary action, as specified in s. 456.072(2):
549 (h) Being employed by any corporation, organization, group,
550 or person other than a dentist, a hospital, or a professional
551 corporation or limited liability company composed of dentists to
552 practice dentistry.
553 Section 15. Section 466.0285, Florida Statutes, is amended
554 to read:
555 466.0285 Proprietorship by nondentists.—
556 (1) A person or an entity No person other than a dentist
557 licensed under pursuant to this chapter, a specialty-licensed
558 children’s hospital licensed under chapter 395 as of January 1,
559 2021, or nor any entity other than a professional corporation or
560 limited liability company composed of dentists, may not:
561 (a) Employ a dentist or dental hygienist in the operation
562 of a dental office.
563 (b) Control the use of any dental equipment or material
564 while such equipment or material is being used for the provision
565 of dental services, whether those services are provided by a
566 dentist, a dental hygienist, or a dental assistant.
567 (c) Direct, control, or interfere with a dentist’s clinical
568 judgment. To direct, control, or interfere with a dentist’s
569 clinical judgment does not mean may not be interpreted to mean
570 dental services contractually excluded, the application of
571 alternative benefits that may be appropriate given the dentist’s
572 prescribed course of treatment, or the application of
573 contractual provisions and scope of coverage determinations in
574 comparison with a dentist’s prescribed treatment on behalf of a
575 covered person by an insurer, health maintenance organization,
576 or a prepaid limited health service organization.
577
578 Any lease agreement, rental agreement, or other arrangement
579 between a nondentist and a dentist whereby the nondentist
580 provides the dentist with dental equipment or dental materials
581 must shall contain a provision whereby the dentist expressly
582 maintains complete care, custody, and control of the equipment
583 or practice.
584 (2) The purpose of this section is to prevent a nondentist
585 from influencing or otherwise interfering with the exercise of a
586 dentist’s independent professional judgment. In addition to the
587 acts specified in subsection (1), a no person or an entity that
588 who is not a dentist licensed under pursuant to this chapter, a
589 specialty-licensed children’s hospital licensed under chapter
590 395 as of January 1, 2021, or nor any entity that is not a
591 professional corporation or limited liability company composed
592 of dentists may not shall enter into a relationship with a
593 licensee pursuant to which such unlicensed person or such entity
594 exercises control over any of the following:
595 (a) The selection of a course of treatment for a patient,
596 the procedures or materials to be used as part of such course of
597 treatment, and the manner in which such course of treatment is
598 carried out by the licensee.;
599 (b) The patient records of a dentist.;
600 (c) Policies and decisions relating to pricing, credit,
601 refunds, warranties, and advertising.; and
602 (d) Decisions relating to office personnel and hours of
603 practice.
604 (3) Any person who violates this section commits a felony
605 of the third degree, punishable as provided in s. 775.082, s.
606 775.083, or s. 775.084.
607 (4) Any contract or arrangement entered into or undertaken
608 in violation of this section is shall be void as contrary to
609 public policy. This section applies to contracts entered into or
610 renewed on or after October 1, 1997.
611 Section 16. Present subsections (13) and (14) of section
612 467.003, Florida Statutes, are redesignated as subsections (14)
613 and (15), respectively, a new subsection (13) is added to that
614 section, and subsections (1) and (12) of that section are
615 amended, to read:
616 467.003 Definitions.—As used in this chapter, unless the
617 context otherwise requires:
618 (1) “Approved midwifery program” means a midwifery school
619 or a midwifery training program that which is approved by the
620 department pursuant to s. 467.205.
621 (12) “Preceptor” means a physician licensed under chapter
622 458 or chapter 459, a licensed midwife licensed under this
623 chapter, or a certified nurse midwife licensed under chapter
624 464, who has a minimum of 3 years’ professional experience, and
625 who directs, teaches, supervises, and evaluates the learning
626 experiences of a the student midwife as part of an approved
627 midwifery program.
628 (13) “Prelicensure course” means a course of study, offered
629 by an approved midwifery program and approved by the department,
630 which an applicant for licensure must complete before a license
631 may be issued and which provides instruction in the laws and
632 rules of this state and demonstrates the student’s competency to
633 practice midwifery under this chapter.
634 Section 17. Section 467.009, Florida Statutes, is amended
635 to read:
636 467.009 Approved midwifery programs; education and training
637 requirements.—
638 (1) The department shall adopt standards for approved
639 midwifery programs which must include, but need not be limited
640 to, standards for all of the following:
641 (a) . The standards shall encompass Clinical and classroom
642 instruction in all aspects of prenatal, intrapartal, and
643 postpartal care, including all of the following:
644 1. Obstetrics.;
645 2. Neonatal pediatrics.;
646 3. Basic sciences.;
647 4. Female reproductive anatomy and physiology.;
648 5. Behavioral sciences.;
649 6. Childbirth education.;
650 7. Community care.;
651 8. Epidemiology.;
652 9. Genetics.;
653 10. Embryology.;
654 11. Neonatology.;
655 12. Applied pharmacology.;
656 13. The medical and legal aspects of midwifery.;
657 14. Gynecology and women’s health.;
658 15. Family planning.;
659 16. Nutrition during pregnancy and lactation.;
660 17. Breastfeeding.; and
661 18. Basic nursing skills; and any other instruction
662 determined by the department and council to be necessary.
663 (b) The standards shall incorporate the Core competencies,
664 incorporating those established by the American College of Nurse
665 Midwives and the Midwives Alliance of North America, including
666 knowledge, skills, and professional behavior in all of the
667 following areas:
668 1. Primary management, collaborative management, referral,
669 and medical consultation.;
670 2. Antepartal, intrapartal, postpartal, and neonatal care.;
671 3. Family planning and gynecological care.;
672 4. Common complications.; and
673 5. Professional responsibilities.
674 (c) Noncurricular The standards shall include noncurriculum
675 matters under this section, including, but not limited to,
676 staffing and teacher qualifications.
677 (2) An approved midwifery program must offer shall include
678 a course of study and clinical training for a minimum of 3 years
679 which incorporates all of the standards, curriculum guidelines,
680 and educational objectives provided in this section and the
681 rules adopted hereunder.
682 (3) An approved midwifery program may reduce If the
683 applicant is a registered nurse or a licensed practical nurse or
684 has previous nursing or midwifery education, the required period
685 of training may be reduced to the extent of the student’s
686 applicant’s qualifications as a registered nurse or licensed
687 practical nurse or based on prior completion of equivalent
688 nursing or midwifery education, as determined under rules
689 adopted by the department rule. In no case shall the training be
690 reduced to a period of less than 2 years.
691 (4)(3) An approved midwifery program may accept students
692 who To be accepted into an approved midwifery program, an
693 applicant shall have both:
694 (a) A high school diploma or its equivalent.
695 (b) Taken three college-level credits each of math and
696 English or demonstrated competencies in communication and
697 computation.
698 (5)(4) As part of its course of study, an approved
699 midwifery program must require clinical training that includes
700 all of the following:
701 (a) A student midwife, during training, shall undertake,
702 under the supervision of a preceptor, The care of 50 women in
703 each of the prenatal, intrapartal, and postpartal periods under
704 the supervision of a preceptor., but The same women need not be
705 seen through all three periods.
706 (b)(5) Observation of The student midwife shall observe an
707 additional 25 women in the intrapartal period before qualifying
708 for a license.
709 (6) Clinical The training required under this section must
710 include all of the following:
711 (a) shall include Training in either hospitals, or
712 alternative birth settings, or both.
713 (b) A requirement that students demonstrate competency in
714 the assessment of and differentiation, with particular emphasis
715 on learning the ability to differentiate between low-risk
716 pregnancies and high-risk pregnancies.
717 (7) A hospital or birthing center receiving public funds
718 shall be required to provide student midwives access to observe
719 labor, delivery, and postpartal procedures, provided the woman
720 in labor has given informed consent. The Department of Health
721 shall assist in facilitating access to hospital training for
722 approved midwifery programs.
723 (8)(7) The Department of Education shall adopt curricular
724 frameworks for midwifery programs conducted within public
725 educational institutions under pursuant to this section.
726 (8) Nonpublic educational institutions that conduct
727 approved midwifery programs shall be accredited by a member of
728 the Commission on Recognition of Postsecondary Accreditation and
729 shall be licensed by the Commission for Independent Education.
730 Section 18. Section 467.011, Florida Statutes, is amended
731 to read:
732 467.011 Licensed midwives; qualifications; examination
733 Licensure by examination.—
734 (1) The department shall administer an examination to test
735 the proficiency of applicants in the core competencies required
736 to practice midwifery as specified in s. 467.009.
737 (2) The department shall develop, publish, and make
738 available to interested parties at a reasonable cost a
739 bibliography and guide for the examination.
740 (3) The department shall issue a license to practice
741 midwifery to an applicant who meets all of the following
742 criteria:
743 (1) Demonstrates that he or she has graduated from one of
744 the following:
745 (a) An approved midwifery program.
746 (b) A medical or midwifery program offered in another
747 state, jurisdiction, territory, or country whose graduation
748 requirements were equivalent to or exceeded those required by s.
749 467.009 and the rules adopted thereunder at the time of
750 graduation.
751 (2) Demonstrates that he or she has and successfully
752 completed a prelicensure course offered by an approved midwifery
753 program. Students graduating from an approved midwifery program
754 may meet this requirement by showing that the content
755 requirements for the prelicensure course were covered as part of
756 their course of study.
757 (3) Submits an application for licensure on a form approved
758 by the department and pays the appropriate fee.
759 (4) Demonstrates that he or she has received a passing
760 score on an the examination specified by the department, upon
761 payment of the required licensure fee.
762 Section 19. Section 467.0125, Florida Statutes, is amended
763 to read:
764 467.0125 Licensed midwives; qualifications; Licensure by
765 endorsement; temporary certificates.—
766 (1) The department shall issue a license by endorsement to
767 practice midwifery to an applicant who, upon applying to the
768 department, demonstrates to the department that she or he meets
769 all of the following criteria:
770 (a)1. Holds a valid certificate or diploma from a foreign
771 institution of medicine or midwifery or from a midwifery program
772 offered in another state, bearing the seal of the institution or
773 otherwise authenticated, which renders the individual eligible
774 to practice midwifery in the country or state in which it was
775 issued, provided the requirements therefor are deemed by the
776 department to be substantially equivalent to, or to exceed,
777 those established under this chapter and rules adopted under
778 this chapter, and submits therewith a certified translation of
779 the foreign certificate or diploma; or
780 2. Holds an active, unencumbered a valid certificate or
781 license to practice midwifery in another state, jurisdiction, or
782 territory issued by that state, provided the licensing
783 requirements of that state, jurisdiction, or territory at the
784 time the license was issued were therefor are deemed by the
785 department to be substantially equivalent to, or exceeded to
786 exceed, those established under this chapter and the rules
787 adopted thereunder under this chapter.
788 (b) Has successfully completed a 4-month prelicensure
789 course conducted by an approved midwifery program and has
790 submitted documentation to the department of successful
791 completion.
792 (c) Submits an application for licensure on a form approved
793 by the department and pays the appropriate fee Has successfully
794 passed the licensed midwifery examination.
795 (2) The department may issue a temporary certificate to
796 practice in areas of critical need to an applicant any midwife
797 who is qualifying for a midwifery license licensure by
798 endorsement under subsection (1) who meets all of the following
799 criteria, with the following restrictions:
800 (a) Submits an application for a temporary certificate on a
801 form approved by the department and pays the appropriate fee,
802 which may not exceed $50 and is in addition to the fee required
803 for licensure by endorsement under subsection (1);
804 (b) Specifies on the application that he or she will The
805 Department of Health shall determine the areas of critical need,
806 and the midwife so certified shall practice only in one or more
807 of the following locations:
808 1. A county health department;
809 2. A correctional facility;
810 3. A Department of Veterans’ Affairs clinic;
811 4. A community health center funded by s. 329, s. 330, or
812 s. 340 of the United States Public Health Service Act; or
813 5. Any other agency or institution that is approved by the
814 State Surgeon General and provides health care to meet the needs
815 of an underserved population in this state; and those specific
816 areas,
817 (c) Will practice only under the supervision auspices of a
818 physician licensed under pursuant to chapter 458 or chapter 459,
819 a certified nurse midwife licensed under pursuant to part I of
820 chapter 464, or a midwife licensed under this chapter, who has a
821 minimum of 3 years’ professional experience.
822 (3) The department may issue a temporary certificate under
823 this section with the following restrictions:
824 (a) A requirement that a temporary certificateholder
825 practice only in areas of critical need. The State Surgeon
826 General shall determine the areas of critical need, which Such
827 areas shall include, but are not be limited to, health
828 professional shortage areas designated by the United States
829 Department of Health and Human Services.
830 (b) A requirement that if a temporary certificateholder’s
831 practice area ceases to be an area of critical need, within 30
832 days after such change the certificateholder must either:
833 1. Report a new practice area of critical need to the
834 department; or
835 2. Voluntarily relinquish the temporary certificate.
836 (4) The department shall review a temporary
837 certificateholder’s practice at least annually to determine
838 whether the certificateholder is meeting the requirements of
839 subsections (2) and (3) and the rules adopted thereunder. If the
840 department determines that a certificateholder is not meeting
841 these requirements, the department must revoke the temporary
842 certificate.
843 (5) A temporary certificate issued under this section is
844 shall be valid only as long as an area for which it is issued
845 remains an area of critical need, but no longer than 2 years,
846 and is shall not be renewable.
847 (c) The department may administer an abbreviated oral
848 examination to determine the midwife’s competency, but no
849 written regular examination shall be necessary.
850 (d) The department shall not issue a temporary certificate
851 to any midwife who is under investigation in another state for
852 an act which would constitute a violation of this chapter until
853 such time as the investigation is complete, at which time the
854 provisions of this section shall apply.
855 (e) The department shall review the practice under a
856 temporary certificate at least annually to ascertain that the
857 minimum requirements of the midwifery rules promulgated under
858 this chapter are being met. If it is determined that the minimum
859 requirements are not being met, the department shall immediately
860 revoke the temporary certificate.
861 (f) The fee for a temporary certificate shall not exceed
862 $50 and shall be in addition to the fee required for licensure.
863 Section 20. Section 467.205, Florida Statutes, is amended
864 to read:
865 467.205 Approval of midwifery programs.—
866 (1) The department shall approve an accredited or state
867 licensed public or private institution seeking to provide
868 midwifery education and training as an approved midwifery
869 program in this state if the institution meets all of the
870 following criteria:
871 (a) Submits an application for approval on a form approved
872 by the department.
873 (b) Demonstrates to the department’s satisfaction that the
874 proposed midwifery program complies with s. 467.009 and the
875 rules adopted thereunder.
876 (c) For a private institution, demonstrates its
877 accreditation by a member of the Council for Higher Education
878 Accreditation or an accrediting agency approved by the United
879 States Department of Education and its licensing or provisional
880 licensing by the Commission for Independent Education An
881 organization desiring to conduct an approved program for the
882 education of midwives shall apply to the department and submit
883 such evidence as may be required to show that it complies with
884 s. 467.009 and with the rules of the department. Any accredited
885 or state-licensed institution of higher learning, public or
886 private, may provide midwifery education and training.
887 (2) The department shall adopt rules regarding educational
888 objectives, faculty qualifications, curriculum guidelines,
889 administrative procedures, and other training requirements as
890 are necessary to ensure that approved programs graduate midwives
891 competent to practice under this chapter.
892 (3) The department shall survey each organization applying
893 for approval. If the department is satisfied that the program
894 meets the requirements of s. 467.009 and rules adopted pursuant
895 to that section, it shall approve the program.
896 (2)(4) The department shall, at least once every 3 years,
897 certify whether each approved midwifery program is currently
898 compliant, and has maintained compliance, complies with the
899 requirements of standards developed under s. 467.009 and the
900 rules adopted thereunder.
901 (3)(5) If the department finds that an approved midwifery
902 program is not in compliance with the requirements of s. 467.009
903 or the rules adopted thereunder, or has lost its accreditation
904 status, the department must provide its finding to the program
905 in writing and no longer meets the required standards, it may
906 place the program on probationary status for a specified period
907 of time, which may not exceed 3 years until such time as the
908 standards are restored.
909 (4) If a program on probationary status does not come into
910 compliance with the requirements of s. 467.009 or the rules
911 adopted thereunder, or regain its accreditation status, as
912 applicable, within the period specified by the department fails
913 to correct these conditions within a specified period of time,
914 the department may rescind the program’s approval.
915 (5) A Any program that has having its approval rescinded
916 has shall have the right to reapply for approval.
917 (6) The department may grant provisional approval of a new
918 program seeking accreditation status, for a period not to exceed
919 5 years, provided that all other requirements of this section
920 are met.
921 (7) The department may rescind provisional approval of a
922 program that fails to the meet the requirements of s. 467.009,
923 this section, or the rules adopted thereunder, in accordance
924 with procedures provided in subsections (3) and (4) may be
925 granted pending the licensure results of the first graduating
926 class.
927 Section 21. Subsections (2), (3), and (4) and paragraphs
928 (a) and (b) of subsection (5) of section 468.803, Florida
929 Statutes, are amended to read:
930 468.803 License, registration, and examination
931 requirements.—
932 (2) An applicant for registration, examination, or
933 licensure must apply to the department on a form prescribed by
934 the board for consideration of board approval. Each initial
935 applicant shall submit a set of fingerprints to the department
936 on a form and under procedures specified by the department,
937 along with payment in an amount equal to the costs incurred by
938 the department for state and national criminal history checks of
939 the applicant. The department shall submit the fingerprints
940 provided by an applicant to the Department of Law Enforcement
941 for a statewide criminal history check, and the Department of
942 Law Enforcement shall forward the fingerprints to the Federal
943 Bureau of Investigation for a national criminal history check of
944 the applicant. The board shall screen the results to determine
945 if an applicant meets licensure requirements. The board shall
946 consider for examination, registration, or licensure each
947 applicant who the board verifies:
948 (a) Has submitted the completed application and completed
949 the fingerprinting requirements fingerprint forms and has paid
950 the applicable application fee, not to exceed $500, and the cost
951 of the state and national criminal history checks. The
952 application fee is and cost of the criminal history checks shall
953 be nonrefundable;
954 (b) Is of good moral character;
955 (c) Is 18 years of age or older; and
956 (d) Has completed the appropriate educational preparation.
957 (3) A person seeking to attain the orthotics or prosthetics
958 experience required for licensure in this state must be approved
959 by the board and registered as a resident by the department.
960 Although a registration may be held in both disciplines, for
961 independent registrations the board may not approve a second
962 registration until at least 1 year after the issuance of the
963 first registration. Notwithstanding subsection (2), a person who
964 has been approved by the board and registered by the department
965 in one discipline may apply for registration in the second
966 discipline without an additional state or national criminal
967 history check during the period in which the first registration
968 is valid. Each independent registration or dual registration is
969 valid for 2 years after the date of issuance unless otherwise
970 revoked by the department upon recommendation of the board. The
971 board shall set a registration fee not to exceed $500 to be paid
972 by the applicant. A registration may be renewed once by the
973 department upon recommendation of the board for a period no
974 longer than 1 year, as such renewal is defined by the board by
975 rule. The renewal fee may not exceed one-half the current
976 registration fee. To be considered by the board for approval of
977 registration as a resident, the applicant must have one of the
978 following:
979 (a) A Bachelor of Science or higher-level postgraduate
980 degree in orthotics and prosthetics from an a regionally
981 accredited college or university recognized by the Commission on
982 Accreditation of Allied Health Education Programs.
983 (b) A minimum of a bachelor’s degree from an
984 institutionally a regionally accredited college or university
985 and a certificate in orthotics or prosthetics from a program
986 recognized by the Commission on Accreditation of Allied Health
987 Education Programs, or its equivalent, as determined by the
988 board.
989 (c) A minimum of a bachelor’s degree from an
990 institutionally a regionally accredited college or university
991 and a dual certificate in both orthotics and prosthetics from
992 programs recognized by the Commission on Accreditation of Allied
993 Health Education Programs, or its equivalent, as determined by
994 the board.
995 (4) The department may develop and administer a state
996 examination for an orthotist or a prosthetist license, or the
997 board may approve the existing examination of a national
998 standards organization. The examination must be predicated on a
999 minimum of a baccalaureate-level education and formalized
1000 specialized training in the appropriate field. Each examination
1001 must demonstrate a minimum level of competence in basic
1002 scientific knowledge, written problem solving, and practical
1003 clinical patient management. The board shall require an
1004 examination fee not to exceed the actual cost to the board in
1005 developing, administering, and approving the examination, which
1006 fee must be paid by the applicant. To be considered by the board
1007 for examination, the applicant must have:
1008 (a) For an examination in orthotics:
1009 1. A Bachelor of Science or higher-level postgraduate
1010 degree in orthotics and prosthetics from an institutionally a
1011 regionally accredited college or university recognized by the
1012 Commission on Accreditation of Allied Health Education Programs
1013 or, at a minimum, a bachelor’s degree from an institutionally a
1014 regionally accredited college or university and a certificate in
1015 orthotics from a program recognized by the Commission on
1016 Accreditation of Allied Health Education Programs, or its
1017 equivalent, as determined by the board; and
1018 2. An approved orthotics internship of 1 year of qualified
1019 experience, as determined by the board, or an orthotic residency
1020 or dual residency program recognized by the board.
1021 (b) For an examination in prosthetics:
1022 1. A Bachelor of Science or higher-level postgraduate
1023 degree in orthotics and prosthetics from an institutionally a
1024 regionally accredited college or university recognized by the
1025 Commission on Accreditation of Allied Health Education Programs
1026 or, at a minimum, a bachelor’s degree from an institutionally a
1027 regionally accredited college or university and a certificate in
1028 prosthetics from a program recognized by the Commission on
1029 Accreditation of Allied Health Education Programs, or its
1030 equivalent, as determined by the board; and
1031 2. An approved prosthetics internship of 1 year of
1032 qualified experience, as determined by the board, or a
1033 prosthetic residency or dual residency program recognized by the
1034 board.
1035 (5) In addition to the requirements in subsection (2), to
1036 be licensed as:
1037 (a) An orthotist, the applicant must pay a license fee not
1038 to exceed $500 and must have:
1039 1. A Bachelor of Science or higher-level postgraduate
1040 degree in Orthotics and Prosthetics from an institutionally a
1041 regionally accredited college or university recognized by the
1042 Commission on Accreditation of Allied Health Education Programs,
1043 or a bachelor’s degree from an institutionally accredited
1044 college or university and with a certificate in orthotics from a
1045 program recognized by the Commission on Accreditation of Allied
1046 Health Education Programs, or its equivalent, as determined by
1047 the board;
1048 2. An approved appropriate internship of 1 year of
1049 qualified experience, as determined by the board, or a residency
1050 program recognized by the board;
1051 3. Completed the mandatory courses; and
1052 4. Passed the state orthotics examination or the board
1053 approved orthotics examination.
1054 (b) A prosthetist, the applicant must pay a license fee not
1055 to exceed $500 and must have:
1056 1. A Bachelor of Science or higher-level postgraduate
1057 degree in Orthotics and Prosthetics from an institutionally a
1058 regionally accredited college or university recognized by the
1059 Commission on Accreditation of Allied Health Education Programs,
1060 or a bachelor’s degree from an institutionally accredited
1061 college or university and with a certificate in prosthetics from
1062 a program recognized by the Commission on Accreditation of
1063 Allied Health Education Programs, or its equivalent, as
1064 determined by the board;
1065 2. An internship of 1 year of qualified experience, as
1066 determined by the board, or a residency program recognized by
1067 the board;
1068 3. Completed the mandatory courses; and
1069 4. Passed the state prosthetics examination or the board
1070 approved prosthetics examination.
1071 Section 22. Subsection (7) is added to section 483.801,
1072 Florida Statutes, to read:
1073 483.801 Exemptions.—This part applies to all clinical
1074 laboratories and clinical laboratory personnel within this
1075 state, except:
1076 (7) Persons performing alternate-site testing within a
1077 hospital or offsite emergency department licensed under chapter
1078 395.
1079 Section 23. Section 483.824, Florida Statutes, is amended
1080 to read:
1081 483.824 Qualifications of clinical laboratory director.—A
1082 clinical laboratory director must have 4 years of clinical
1083 laboratory experience with 2 years of experience in the
1084 specialty to be directed or be nationally board certified in the
1085 specialty to be directed, and must meet one of the following
1086 requirements:
1087 (1) Be a physician licensed under chapter 458 or chapter
1088 459;
1089 (2) Hold an earned doctoral degree in a chemical, physical,
1090 or biological science from an a regionally accredited
1091 institution and maintain national certification requirements
1092 equal to those required by the federal Health Care Financing
1093 Administration; or
1094 (3) For the subspecialty of oral pathology, be a physician
1095 licensed under chapter 458 or chapter 459 or a dentist licensed
1096 under chapter 466.
1097 Section 24. Subsection (3) of section 490.003, Florida
1098 Statutes, is amended to read:
1099 490.003 Definitions.—As used in this chapter:
1100 (3)(a) “Doctoral degree from an American Psychological
1101 Association accredited program” means Effective July 1, 1999,
1102 “doctoral-level psychological education” and “doctoral degree in
1103 psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
1104 psychology from a psychology program at an educational
1105 institution that, at the time the applicant was enrolled and
1106 graduated:
1107 1.(a) Had institutional accreditation from an agency
1108 recognized and approved by the United States Department of
1109 Education or was recognized as a member in good standing with
1110 the Association of Universities and Colleges of Canada; and
1111 2.(b) Had programmatic accreditation from the American
1112 Psychological Association.
1113 (b) “Doctoral degree in psychology” means a Psy.D., an
1114 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1115 program at an educational institution that, at the time the
1116 applicant was enrolled and graduated, had institutional
1117 accreditation from an agency recognized and approved by the
1118 United States Department of Education or was recognized as a
1119 member in good standing with the Association of Universities and
1120 Colleges of Canada.
1121 Section 25. Subsection (1) of section 490.005, Florida
1122 Statutes, is amended to read:
1123 490.005 Licensure by examination.—
1124 (1) Any person desiring to be licensed as a psychologist
1125 shall apply to the department to take the licensure examination.
1126 The department shall license each applicant who the board
1127 certifies has met all of the following requirements:
1128 (a) Completed the application form and remitted a
1129 nonrefundable application fee not to exceed $500 and an
1130 examination fee set by the board sufficient to cover the actual
1131 per applicant cost to the department for development, purchase,
1132 and administration of the examination, but not to exceed $500.
1133 (b) Submitted proof satisfactory to the board that the
1134 applicant has received:
1135 1. A doctoral degree from an American Psychological
1136 Association accredited program Doctoral-level psychological
1137 education; or
1138 2. The equivalent of a doctoral degree from an American
1139 Psychological Association accredited program doctoral-level
1140 psychological education, as defined in s. 490.003(3), from a
1141 program at a school or university located outside the United
1142 States of America which was officially recognized by the
1143 government of the country in which it is located as an
1144 institution or program to train students to practice
1145 professional psychology. The applicant has the burden of
1146 establishing that this requirement has been met.
1147 (c) Had at least 2 years or 4,000 hours of experience in
1148 the field of psychology in association with or under the
1149 supervision of a licensed psychologist meeting the academic and
1150 experience requirements of this chapter or the equivalent as
1151 determined by the board. The experience requirement may be met
1152 by work performed on or off the premises of the supervising
1153 psychologist if the off-premises work is not the independent,
1154 private practice rendering of psychological services that does
1155 not have a psychologist as a member of the group actually
1156 rendering psychological services on the premises.
1157 (d) Passed the examination. However, an applicant who has
1158 obtained a passing score, as established by the board by rule,
1159 on the psychology licensure examination designated by the board
1160 as the national licensure examination need only pass the Florida
1161 law and rules portion of the examination.
1162 Section 26. Subsection (1) of section 490.0051, Florida
1163 Statutes, is amended to read:
1164 490.0051 Provisional licensure; requirements.—
1165 (1) The department shall issue a provisional psychology
1166 license to each applicant who the board certifies has:
1167 (a) Completed the application form and remitted a
1168 nonrefundable application fee not to exceed $250, as set by
1169 board rule.
1170 (b) Earned a doctoral degree from an American Psychological
1171 Association accredited program in psychology as defined in s.
1172 490.003(3).
1173 (c) Met any additional requirements established by board
1174 rule.
1175 Section 27. Subsections (1), (3), and (4) of section
1176 491.005, Florida Statutes, are amended to read:
1177 491.005 Licensure by examination.—
1178 (1) CLINICAL SOCIAL WORK.—Upon verification of
1179 documentation and payment of a fee not to exceed $200, as set by
1180 board rule, plus the actual per applicant cost to the department
1181 for purchase of the examination from the American Association of
1182 State Social Worker’s Boards or a similar national organization,
1183 the department shall issue a license as a clinical social worker
1184 to an applicant who the board certifies has met all of the
1185 following criteria:
1186 (a) Has Submitted an application and paid the appropriate
1187 fee.
1188 (b)1. Has Received a doctoral degree in social work from a
1189 graduate school of social work which at the time the applicant
1190 graduated was accredited by an accrediting agency recognized by
1191 the United States Department of Education or has received a
1192 master’s degree in social work from a graduate school of social
1193 work which at the time the applicant graduated:
1194 a. Was accredited by the Council on Social Work Education;
1195 b. Was accredited by the Canadian Association of Schools of
1196 Social Work; or
1197 c. Has been determined to have been a program equivalent to
1198 programs approved by the Council on Social Work Education by the
1199 Foreign Equivalency Determination Service of the Council on
1200 Social Work Education. An applicant who graduated from a program
1201 at a university or college outside of the United States or
1202 Canada must present documentation of the equivalency
1203 determination from the council in order to qualify.
1204 2. The applicant’s graduate program must have emphasized
1205 direct clinical patient or client health care services,
1206 including, but not limited to, coursework in clinical social
1207 work, psychiatric social work, medical social work, social
1208 casework, psychotherapy, or group therapy. The applicant’s
1209 graduate program must have included all of the following
1210 coursework:
1211 a. A supervised field placement which was part of the
1212 applicant’s advanced concentration in direct practice, during
1213 which the applicant provided clinical services directly to
1214 clients.
1215 b. Completion of 24 semester hours or 32 quarter hours in
1216 theory of human behavior and practice methods as courses in
1217 clinically oriented services, including a minimum of one course
1218 in psychopathology, and no more than one course in research,
1219 taken in a school of social work accredited or approved pursuant
1220 to subparagraph 1.
1221 3. If the course title which appears on the applicant’s
1222 transcript does not clearly identify the content of the
1223 coursework, the applicant shall be required to provide
1224 additional documentation, including, but not limited to, a
1225 syllabus or catalog description published for the course.
1226 (c) Has Had at least 2 years of clinical social work
1227 experience, which took place subsequent to completion of a
1228 graduate degree in social work at an institution meeting the
1229 accreditation requirements of this section, under the
1230 supervision of a licensed clinical social worker or the
1231 equivalent who is a qualified supervisor as determined by the
1232 board. An individual who intends to practice in Florida to
1233 satisfy clinical experience requirements must register pursuant
1234 to s. 491.0045 before commencing practice. If the applicant’s
1235 graduate program was not a program which emphasized direct
1236 clinical patient or client health care services as described in
1237 subparagraph (b)2., the supervised experience requirement must
1238 take place after the applicant has completed a minimum of 15
1239 semester hours or 22 quarter hours of the coursework required. A
1240 doctoral internship may be applied toward the clinical social
1241 work experience requirement. A licensed mental health
1242 professional must be on the premises when clinical services are
1243 provided by a registered intern in a private practice setting.
1244 When a registered intern is providing clinical services through
1245 telehealth, a licensed mental health professional must be
1246 accessible by telephone or electronic means.
1247 (d) Has Passed a theory and practice examination designated
1248 by board rule provided by the department for this purpose.
1249 (e) Has Demonstrated, in a manner designated by rule of the
1250 board, knowledge of the laws and rules governing the practice of
1251 clinical social work, marriage and family therapy, and mental
1252 health counseling.
1253 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1254 documentation and payment of a fee not to exceed $200, as set by
1255 board rule, plus the actual cost of the purchase of the
1256 examination from the Association of Marital and Family Therapy
1257 Regulatory Board, or similar national organization, the
1258 department shall issue a license as a marriage and family
1259 therapist to an applicant who the board certifies has met all of
1260 the following criteria:
1261 (a) Has Submitted an application and paid the appropriate
1262 fee.
1263 (b)1. Obtained one of the following:
1264 a. Has A minimum of a master’s degree with major emphasis
1265 in marriage and family therapy or a closely related field from a
1266 program accredited by the Commission on Accreditation for
1267 Marriage and Family Therapy Education or from a Florida
1268 university program accredited by the Council for Accreditation
1269 of Counseling and Related Educational Programs.
1270 b. A minimum of a master’s degree with an emphasis in
1271 marriage and family therapy with a degree conferred date before
1272 July 1, 2026, from an institutionally accredited Florida college
1273 or university that is not yet accredited by the Commission on
1274 Accreditation for Marriage and Family Therapy Education or the
1275 Council for Accreditation of Counseling and Related Educational
1276 Programs.
1277 2. Completed and graduate courses approved by the Board of
1278 Clinical Social Work, Marriage and Family Therapy, and Mental
1279 Health Counseling.
1280
1281 If the course title that appears on the applicant’s transcript
1282 does not clearly identify the content of the coursework, the
1283 applicant shall provide additional documentation, including, but
1284 not limited to, a syllabus or catalog description published for
1285 the course. The required master’s degree must have been received
1286 in an institution of higher education that, at the time the
1287 applicant graduated, was fully accredited by an institutional a
1288 regional accrediting body recognized by the Commission on
1289 Recognition of Postsecondary Accreditation or publicly
1290 recognized as a member in good standing with the Association of
1291 Universities and Colleges of Canada, or an institution of higher
1292 education located outside the United States and Canada which, at
1293 the time the applicant was enrolled and at the time the
1294 applicant graduated, maintained a standard of training
1295 substantially equivalent to the standards of training of those
1296 institutions in the United States which are accredited by an
1297 institutional a regional accrediting body recognized by the
1298 Commission on Recognition of Postsecondary Accreditation. Such
1299 foreign education and training must have been received in an
1300 institution or program of higher education officially recognized
1301 by the government of the country in which it is located as an
1302 institution or program to train students to practice as
1303 professional marriage and family therapists or psychotherapists.
1304 The applicant has the burden of establishing that the
1305 requirements of this provision have been met, and the board
1306 shall require documentation, such as an evaluation by a foreign
1307 equivalency determination service, as evidence that the
1308 applicant’s graduate degree program and education were
1309 equivalent to an accredited program in this country. An
1310 applicant with a master’s degree from a program that did not
1311 emphasize marriage and family therapy may complete the
1312 coursework requirement in a training institution fully
1313 accredited by the Commission on Accreditation for Marriage and
1314 Family Therapy Education recognized by the United States
1315 Department of Education.
1316 (c) Has Had at least 2 years of clinical experience during
1317 which 50 percent of the applicant’s clients were receiving
1318 marriage and family therapy services, which must have been be at
1319 the post-master’s level under the supervision of a licensed
1320 marriage and family therapist with at least 5 years of
1321 experience, or the equivalent, who is a qualified supervisor as
1322 determined by the board. An individual who intends to practice
1323 in Florida to satisfy the clinical experience requirements must
1324 register pursuant to s. 491.0045 before commencing practice. If
1325 a graduate has a master’s degree with a major emphasis in
1326 marriage and family therapy or a closely related field which did
1327 not include all of the coursework required by paragraph (b),
1328 credit for the post-master’s level clinical experience may not
1329 commence until the applicant has completed a minimum of 10 of
1330 the courses required by paragraph (b), as determined by the
1331 board, and at least 6 semester hours or 9 quarter hours of the
1332 course credits must have been completed in the area of marriage
1333 and family systems, theories, or techniques. Within the 2 years
1334 of required experience, the applicant must shall provide direct
1335 individual, group, or family therapy and counseling to cases
1336 including those involving unmarried dyads, married couples,
1337 separating and divorcing couples, and family groups that include
1338 children. A doctoral internship may be applied toward the
1339 clinical experience requirement. A licensed mental health
1340 professional must be on the premises when clinical services are
1341 provided by a registered intern in a private practice setting.
1342 When a registered intern is providing clinical services through
1343 telehealth, a licensed mental health professional must be
1344 accessible by telephone or other electronic means.
1345 (d) Has Passed a theory and practice examination designated
1346 by board rule provided by the department.
1347 (e) Has Demonstrated, in a manner designated by board rule,
1348 knowledge of the laws and rules governing the practice of
1349 clinical social work, marriage and family therapy, and mental
1350 health counseling.
1351
1352 For the purposes of dual licensure, the department shall license
1353 as a marriage and family therapist any person who meets the
1354 requirements of s. 491.0057. Fees for dual licensure may not
1355 exceed those stated in this subsection.
1356 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1357 documentation and payment of a fee not to exceed $200, as set by
1358 board rule, plus the actual per applicant cost of purchase of
1359 the examination from the National Board for Certified Counselors
1360 or its successor organization, the department shall issue a
1361 license as a mental health counselor to an applicant who the
1362 board certifies has met all of the following criteria:
1363 (a) Has Submitted an application and paid the appropriate
1364 fee.
1365 (b)1. Obtained Has a minimum of an earned master’s degree
1366 from a mental health counseling program accredited by the
1367 Council for the Accreditation of Counseling and Related
1368 Educational Programs which consists of at least 60 semester
1369 hours or 80 quarter hours of clinical and didactic instruction,
1370 including a course in human sexuality and a course in substance
1371 abuse. If the master’s degree is earned from a program related
1372 to the practice of mental health counseling which is not
1373 accredited by the Council for the Accreditation of Counseling
1374 and Related Educational Programs, then the coursework and
1375 practicum, internship, or fieldwork must consist of at least 60
1376 semester hours or 80 quarter hours and meet all of the following
1377 requirements:
1378 a. Thirty-three semester hours or 44 quarter hours of
1379 graduate coursework, which must include a minimum of 3 semester
1380 hours or 4 quarter hours of graduate-level coursework in each of
1381 the following 11 content areas: counseling theories and
1382 practice; human growth and development; diagnosis and treatment
1383 of psychopathology; human sexuality; group theories and
1384 practice; individual evaluation and assessment; career and
1385 lifestyle assessment; research and program evaluation; social
1386 and cultural foundations; substance abuse; and legal, ethical,
1387 and professional standards issues in the practice of mental
1388 health counseling. Courses in research, thesis or dissertation
1389 work, practicums, internships, or fieldwork may not be applied
1390 toward this requirement.
1391 b. A minimum of 3 semester hours or 4 quarter hours of
1392 graduate-level coursework addressing diagnostic processes,
1393 including differential diagnosis and the use of the current
1394 diagnostic tools, such as the current edition of the American
1395 Psychiatric Association’s Diagnostic and Statistical Manual of
1396 Mental Disorders. The graduate program must have emphasized the
1397 common core curricular experience.
1398 c. The equivalent, as determined by the board, of at least
1399 700 hours of university-sponsored supervised clinical practicum,
1400 internship, or field experience that includes at least 280 hours
1401 of direct client services, as required in the accrediting
1402 standards of the Council for Accreditation of Counseling and
1403 Related Educational Programs for mental health counseling
1404 programs. This experience may not be used to satisfy the post
1405 master’s clinical experience requirement.
1406 2. Has Provided additional documentation if a course title
1407 that appears on the applicant’s transcript does not clearly
1408 identify the content of the coursework. The documentation must
1409 include, but is not limited to, a syllabus or catalog
1410 description published for the course.
1411
1412 Education and training in mental health counseling must have
1413 been received in an institution of higher education that, at the
1414 time the applicant graduated, was fully accredited by an
1415 institutional a regional accrediting body recognized by the
1416 Council for Higher Education Accreditation or its successor
1417 organization or publicly recognized as a member in good standing
1418 with the Association of Universities and Colleges of Canada, or
1419 an institution of higher education located outside the United
1420 States and Canada which, at the time the applicant was enrolled
1421 and at the time the applicant graduated, maintained a standard
1422 of training substantially equivalent to the standards of
1423 training of those institutions in the United States which are
1424 accredited by an institutional a regional accrediting body
1425 recognized by the Council for Higher Education Accreditation or
1426 its successor organization. Such foreign education and training
1427 must have been received in an institution or program of higher
1428 education officially recognized by the government of the country
1429 in which it is located as an institution or program to train
1430 students to practice as mental health counselors. The applicant
1431 has the burden of establishing that the requirements of this
1432 provision have been met, and the board shall require
1433 documentation, such as an evaluation by a foreign equivalency
1434 determination service, as evidence that the applicant’s graduate
1435 degree program and education were equivalent to an accredited
1436 program in this country. Beginning July 1, 2025, an applicant
1437 must have a master’s degree from a program that is accredited by
1438 the Council for Accreditation of Counseling and Related
1439 Educational Programs, the Masters in Psychology and Counseling
1440 Accreditation Council, or an equivalent accrediting body which
1441 consists of at least 60 semester hours or 80 quarter hours to
1442 apply for licensure under this paragraph.
1443 (c) Has Had at least 2 years of clinical experience in
1444 mental health counseling, which must be at the post-master’s
1445 level under the supervision of a licensed mental health
1446 counselor or the equivalent who is a qualified supervisor as
1447 determined by the board. An individual who intends to practice
1448 in Florida to satisfy the clinical experience requirements must
1449 register pursuant to s. 491.0045 before commencing practice. If
1450 a graduate has a master’s degree with a major related to the
1451 practice of mental health counseling which did not include all
1452 the coursework required under sub-subparagraphs (b)1.a. and b.,
1453 credit for the post-master’s level clinical experience may not
1454 commence until the applicant has completed a minimum of seven of
1455 the courses required under sub-subparagraphs (b)1.a. and b., as
1456 determined by the board, one of which must be a course in
1457 psychopathology or abnormal psychology. A doctoral internship
1458 may be applied toward the clinical experience requirement. A
1459 licensed mental health professional must be on the premises when
1460 clinical services are provided by a registered intern in a
1461 private practice setting. When a registered intern is providing
1462 clinical services through telehealth, a licensed mental health
1463 professional must be accessible by telephone or other electronic
1464 means.
1465 (d) Has Passed a theory and practice examination designated
1466 by department rule provided by the department for this purpose.
1467 (e) Has Demonstrated, in a manner designated by board rule,
1468 knowledge of the laws and rules governing the practice of
1469 clinical social work, marriage and family therapy, and mental
1470 health counseling.
1471 Section 28. Effective July 1, 2022, paragraph (b) of
1472 subsection (8) of section 381.986, Florida Statutes, is amended
1473 to read:
1474 381.986 Medical use of marijuana.—
1475 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
1476 (b) An applicant for licensure as a medical marijuana
1477 treatment center shall apply to the department on a form
1478 prescribed by the department and adopted in rule. The department
1479 shall adopt rules pursuant to ss. 120.536(1) and 120.54
1480 establishing a procedure for the issuance and biennial renewal
1481 of licenses, including initial application and biennial renewal
1482 fees sufficient to cover the costs of implementing and
1483 administering this section, and establishing supplemental
1484 licensure fees for payment beginning May 1, 2018, sufficient to
1485 cover the costs of administering ss. 381.989 and 1004.4351. The
1486 department shall identify applicants with strong diversity plans
1487 reflecting this state’s commitment to diversity and implement
1488 training programs and other educational programs to enable
1489 minority persons and minority business enterprises, as defined
1490 in s. 288.703, and veteran business enterprises, as defined in
1491 s. 295.187, to compete for medical marijuana treatment center
1492 licensure and contracts. Subject to the requirements in
1493 subparagraphs (a)2.-4., the department shall issue a license to
1494 an applicant if the applicant meets the requirements of this
1495 section and pays the initial application fee. The department
1496 shall renew the licensure of a medical marijuana treatment
1497 center biennially if the licensee meets the requirements of this
1498 section and pays the biennial renewal fee. However, the
1499 department may not renew the license of a medical marijuana
1500 treatment center that has not begun to cultivate, process, and
1501 dispense marijuana by the date that the medical marijuana
1502 treatment center is required to renew its license. An individual
1503 may not be an applicant, owner, officer, board member, or
1504 manager on more than one application for licensure as a medical
1505 marijuana treatment center. An individual or entity may not be
1506 awarded more than one license as a medical marijuana treatment
1507 center. An applicant for licensure as a medical marijuana
1508 treatment center must demonstrate:
1509 1. That, for the 5 consecutive years before submitting the
1510 application, the applicant has been registered to do business in
1511 the state.
1512 2. Possession of a valid certificate of registration issued
1513 by the Department of Agriculture and Consumer Services pursuant
1514 to s. 581.131.
1515 3. The technical and technological ability to cultivate and
1516 produce marijuana, including, but not limited to, low-THC
1517 cannabis.
1518 4. The ability to secure the premises, resources, and
1519 personnel necessary to operate as a medical marijuana treatment
1520 center.
1521 5. The ability to maintain accountability of all raw
1522 materials, finished products, and any byproducts to prevent
1523 diversion or unlawful access to or possession of these
1524 substances.
1525 6. An infrastructure reasonably located to dispense
1526 marijuana to registered qualified patients statewide or
1527 regionally as determined by the department.
1528 7. The financial ability to maintain operations for the
1529 duration of the 2-year approval cycle, including the provision
1530 of certified financial statements to the department.
1531 a. Upon approval, the applicant must post a $5 million
1532 performance bond issued by an authorized surety insurance
1533 company rated in one of the three highest rating categories by a
1534 nationally recognized rating service. However, a medical
1535 marijuana treatment center serving at least 1,000 qualified
1536 patients is only required to maintain a $2 million performance
1537 bond.
1538 b. In lieu of the performance bond required under sub
1539 subparagraph a., the applicant may provide an irrevocable letter
1540 of credit payable to the department or provide cash to the
1541 department. If provided with cash under this sub-subparagraph,
1542 the department shall deposit the cash in the Grants and
1543 Donations Trust Fund within the Department of Health, subject to
1544 the same conditions as the bond regarding requirements for the
1545 applicant to forfeit ownership of the funds. If the funds
1546 deposited under this sub-subparagraph generate interest, the
1547 amount of that interest shall be used by the department for the
1548 administration of this section.
1549 8. That all owners, officers, board members, and managers
1550 have passed a background screening pursuant to subsection (9).
1551 9. The employment of a medical director to supervise the
1552 activities of the medical marijuana treatment center.
1553 10. A diversity plan that promotes and ensures the
1554 involvement of minority persons and minority business
1555 enterprises, as defined in s. 288.703, or veteran business
1556 enterprises, as defined in s. 295.187, in ownership, management,
1557 and employment. An applicant for licensure renewal must show the
1558 effectiveness of the diversity plan by including the following
1559 with his or her application for renewal:
1560 a. Representation of minority persons and veterans in the
1561 medical marijuana treatment center’s workforce;
1562 b. Efforts to recruit minority persons and veterans for
1563 employment; and
1564 c. A record of contracts for services with minority
1565 business enterprises and veteran business enterprises.
1566 Section 29. Except as otherwise expressly provided in this
1567 act, this act shall take effect July 1, 2021.