Florida Senate - 2022                              CS for SB 466
       
       
        
       By the Committee on Health Policy; and Senators Torres, Wright,
       Book, Taddeo, Stewart, Jones, Cruz, Rouson, Gibson, Powell,
       Ausley, Bracy, Burgess, and Harrell
       
       
       
       588-01990-22                                           2022466c1
    1                        A bill to be entitled                      
    2         An act relating to the Military Medics and Corpsmen of
    3         Florida program; creating s. 295.126, F.S.; defining
    4         terms; authorizing the Department of Health to
    5         establish the Military Medics and Corpsmen of Florida
    6         (MMACOF) program in collaboration with Florida Is For
    7         Veterans, Inc.; providing the purpose of MMACOF;
    8         providing the components of the program; requiring
    9         Florida Is For Veterans, Inc., to recruit and review
   10         the eligibility of certain veterans for the program;
   11         requiring Florida Is For Veterans, Inc., to assist
   12         certain veterans with certain applications; requiring
   13         the department to waive certain fees for such
   14         applicants; providing application requirements;
   15         requiring certain disclosures by an applicant;
   16         requiring Florida Is For Veterans, Inc., to recruit,
   17         establish, and maintain a statewide list of
   18         participating health care providers; requiring the
   19         participating health care providers to agree to
   20         specified terms; requiring Florida Is For Veterans,
   21         Inc., to assist such veterans with identifying and
   22         applying to a participating health care providers for
   23         employment; requiring the Board of Medicine to
   24         determine the areas in which such veterans are
   25         eligible to practice; requiring the board to specify
   26         which skills such veterans may practice under direct
   27         supervision; requiring the board to place such
   28         veterans in a specified status if certain conditions
   29         are met; requiring the department to provide such
   30         veterans with specified information; providing that a
   31         certain status expires within a certain timeframe if
   32         not renewed before a specified date; requiring certain
   33         veterans to provide specified information to the
   34         department; authorizing the department to issue a
   35         certain certificate to such veterans under specified
   36         conditions; providing that such certificate is valid
   37         for a certain timeframe subject to specified
   38         conditions; requiring the department to provide by
   39         rule a method to renew such certificate; requiring
   40         such veterans to provide the department specified
   41         information within a certain timeframe after
   42         employment; requiring a certificateholder to provide
   43         Florida Is For Veterans, Inc., with specified
   44         information within a certain timeframe; requiring
   45         participating health care providers to provide certain
   46         information to the department and to Florida Is For
   47         Veterans, Inc., within a certain timeframe; requiring
   48         certain education and training programs to provide the
   49         department and Florida Is For Veterans, Inc., with
   50         specified information within a specified timeframe;
   51         providing acts that are grounds for denial of a
   52         certificate or disciplinary action; authorizing the
   53         department or the board to enter certain orders;
   54         prohibiting the department or the board from issuing
   55         or reinstating a certificate until certain conditions
   56         are met by the veteran; requiring the board to adopt
   57         rules relating to disciplinary action; providing that
   58         veterans who do not meet program requirements may
   59         receive certain assistance from the program; requiring
   60         the program to assist veterans and their spouses with
   61         obtaining certain employment; authorizing the
   62         department and the board to adopt rules; amending s.
   63         295.21, F.S.; providing the purpose for a health care
   64         service program for veterans through Florida Is For
   65         Veterans, Inc.; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 295.126, Florida Statutes, is created to
   70  read:
   71         295.126 Military Medics and Corpsmen of Florida (MMACOF)
   72  program.—
   73         (1)DEFINITIONS.—As used in this section, the term:
   74         (a)“Department” means the Department of Health.
   75         (b)“Military-trained health care veteran” means a person
   76  who:
   77         1.Has served within the preceding consecutive 12 months as
   78  a medic in the United States Army, a medical technician in the
   79  United States Air Force, a hospital corpsman in the United
   80  States Navy, or a health services technician in the United
   81  States Coast Guard;
   82         2.Was discharged or separated from military service under
   83  conditions other than dishonorable;
   84         3.Has received “MMACOF Health Care Program Qualified”
   85  status from the department under paragraph (3)(a);
   86         4.Is enrolled, on at least a half-time basis, in an
   87  approved and accredited Florida health care education and
   88  training program specific to the health care field for which the
   89  department has issued the veteran his or her “MMACOF Health Care
   90  Program Qualified” status; and
   91         5.Has applied for and received approval from the
   92  department for the MMACOF Health Care Certification program.
   93         (c)“Participating health care provider” means:
   94         1.A physician licensed under chapter 458 or an osteopathic
   95  physician licensed under chapter 459;
   96         2.A professional corporation or partnership of physicians
   97  licensed under chapter 458 or osteopathic physicians licensed
   98  under chapter 459;
   99         3.A hospital or ambulatory surgical center licensed under
  100  chapter 395;
  101         4.An office registered under s. 458.328 or s. 459.0138;
  102         5.A commercial enterprise having medical facilities for
  103  its employees, which are supervised by one or more physicians
  104  licensed under chapter 458 or osteopathic physicians licensed
  105  under chapter 459; or
  106         6.A facility licensed under chapter 395 which offers
  107  medical services to the public and is supervised by one or more
  108  physicians licensed under chapter 458 or osteopathic physicians
  109  licensed under chapter 459.
  110         (d)“Veteran” has the same meaning as in s. 1.01(14) or
  111  means a former member of the Florida National Guard.
  112         (2)PROGRAM ESTABLISHMENT AND PURPOSES.—The department, in
  113  collaboration with Florida Is For Veterans, Inc., may establish
  114  and administer the Military Medics and Corpsmen of Florida
  115  (MMACOF) program. The purpose of the program is to offer
  116  clinical, leadership, and nonclinical career pathways to
  117  veterans and their spouses seeking careers in health care or
  118  health care-related fields within this state.
  119         (3)PROGRAM COMPONENTS.—The MMACOF program shall consist of
  120  the following components:
  121         (a)MMACOF Health Care Certification program.—
  122         1.Florida Is For Veterans, Inc., shall recruit and review
  123  the military eligibility of veterans according to the military
  124  requirements for acceptance into the MMACOF Health Care
  125  Certification program.
  126         2.Florida Is For Veterans, Inc., shall assist each
  127  individual veteran in completing a department MMACOF Health Care
  128  Certification program application form, which must be developed
  129  by the department and each board, or the department if there is
  130  no board. The department shall waive the application fee,
  131  certificate fee, and unlicensed activity fee for such
  132  applicants.
  133         3.The MMACOF Health Care Certification program application
  134  must include, but is not limited to, the following information:
  135         a.The individual’s civilian and military education; health
  136  care education and training; a list of practice skills regularly
  137  performed in the military during service as a medic in the
  138  United States Army, a medical technician in the United States
  139  Air Force, a hospital corpsman in the United States Navy, or a
  140  health services technician in the United States Coast Guard; and
  141  any other health care-related education or experience the
  142  individual has received as a civilian or as an active duty
  143  servicemember; and
  144         b.(I)A disclosure by the MMACOF Health Care Certification
  145  program applicant stating whether he or she is currently
  146  enrolled, on at least a half-time basis, in an approved and
  147  accredited Florida health care education and training program
  148  for a specified health care practice area listed in subparagraph
  149  6., and the status of that enrollment; or
  150         (II)If the MMACOF Health Care Certification program
  151  applicant is not currently enrolled in an approved and
  152  accredited Florida health care education and training program,
  153  the applicant’s preference for the health care practice area in
  154  which he or she seeks to pursue future education and training
  155  and, if known, which approved and accredited Florida health care
  156  education and training program he or she plans to enter under
  157  the MMACOF Health Care Certification program.
  158         4.Florida Is For Veterans, Inc., shall recruit, establish,
  159  and maintain a statewide list of MMACOF Health Care
  160  Certification program participating health care providers.
  161  Participating health care providers must agree to employ
  162  unlicensed but military-trained health care veterans who hold an
  163  MMACOF Health Care Certificate in specific health care fields;
  164  are qualified to perform specific health care skills under the
  165  direct supervision of a licensed health care provider in the
  166  specific field, and are enrolled on at least a half-time basis
  167  in an approved and accredited Florida health care education and
  168  training program for the health care field specified on the
  169  veteran’s MMACOF Health Care Certificate.
  170         5.Florida Is For Veterans, Inc., shall assist veterans who
  171  hold an MMACOF Health Care Certificate in identifying
  172  participating health care providers for potential employment,
  173  including providing assistance with resume writing, application
  174  completion, and interviewing skills.
  175         6.The Board of Medicine shall review, in consultation with
  176  any other professional board it deems appropriate, each
  177  veteran’s individual MMACOF Health Care Certification program
  178  application and, based on criteria set forth in board rule,
  179  shall determine within 30 days in which of the following health
  180  care practice areas the individual veteran is eligible to
  181  practice under the direct supervision of a health care
  182  practitioner, as defined by the specific profession’s practice
  183  act, while the veteran is enrolled on at least a half-time basis
  184  in an approved and accredited Florida health care education and
  185  training program for one of the following practice areas:
  186         a.Certified nursing assistant;
  187         b.Dental assistant;
  188         c.Dental hygienist;
  189         d.Emergency medical technologist;
  190         e.Licensed practical nurse;
  191         f.Laboratory technologist;
  192         g.Medical assistant;
  193         h.Optician;
  194         i.Physician assistant;
  195         j.Occupational therapy assistant;
  196         k.Radiologic technologist;
  197         l.Registered nurse;
  198         m.Respiratory care or therapy technician;
  199         n.Paramedic;
  200         o.Pharmacy technician;
  201         p.Physical therapist assistant; or
  202         q.Physical therapist.
  203         7.The Board of Medicine shall delineate the practice
  204  skills that the military-trained health care veteran is
  205  permitted to perform under the direct supervision of a licensed
  206  health care practitioner in the field in which the veteran is to
  207  practice.
  208         8.Once the Board of Medicine has determined from the
  209  information submitted by the MMACOF Health Care Certification
  210  program applicant that he or she has sufficient civilian or
  211  military health care education and training in one or more
  212  health care practice areas set out in subparagraph 6., the
  213  veteran’s application shall be given “MMACOF Health Care Program
  214  Qualified” status, and the veteran shall be notified of this
  215  status in writing within 14 days. The department must also
  216  provide the veteran with a list of practice skills the Board of
  217  Medicine has determined he or she has experience to perform
  218  under direct supervision when employed by a participating health
  219  care provider after obtaining his or her MMACOF Health Care
  220  Certificate. The notification to the veteran of “MMACOF Health
  221  Care Program Qualified” status must include instructions on how
  222  the veteran may obtain an MMACOF Health Care Certificate.
  223         9.The Board of Medicine’s initial determination of the
  224  veteran’s “MMACOF Program Health Care Qualified” status expires
  225  18 months after its first issuance, unless the veteran applies
  226  for an MMACOF Health Care Certificate before the expiration
  227  date.
  228         10.To obtain an MMACOF Health Care Certificate, a veteran
  229  whose MMACOF Health Care Certification application is in “MMACOF
  230  Program Health Care Qualified” status must provide to the
  231  department documentation of his or her enrollment on at least a
  232  half-time basis, signed by the registrar or similar
  233  representative of the approved and accredited Florida health
  234  care education and training program, for his or her approved
  235  health care field on a form or in the manner prescribed by
  236  department rule.
  237         11.Upon receipt by the department of the veteran’s proof
  238  of at least half-time enrollment in an approved and accredited
  239  Florida health care education and training program for the
  240  health care field for which the veteran is “MMACOF Program
  241  Health Care Qualified,” the department may issue to the veteran
  242  an MMACOF Health Care Certificate that qualifies the unlicensed
  243  veteran for employment with a participating health care provider
  244  in a position matching the health care field listed on the
  245  veteran’s MMACOF Health Care Certificate.
  246         12.The veteran’s MMACOF Health Care Certificate is valid
  247  for the length of time the veteran remains actively enrolled on
  248  at least a half-time basis in an approved and accredited Florida
  249  health care education and training program, and he or she may
  250  continue to practice the skills approved by the Board of
  251  Medicine in a participating civilian health care provider
  252  setting while enrolled on at least a one-half time basis in an
  253  accredited and approved Florida health care educational and
  254  training program or accredited nursing program, as provided by
  255  s. 464.019(4)(a).
  256         13.The department shall provide by rule a method for
  257  annual renewal of military-trained health care veterans’ MMACOF
  258  Program Health Care Certifications.
  259         14.A MMACOF Health Care Certificateholder must provide the
  260  department and Florida Is For Veterans, Inc., with the following
  261  information within 10 days after civilian employment under his
  262  or her MMACOF Health Care Certificate with a participating
  263  health care provider:
  264         a.The name, address, and telephone number of the
  265  participating health care provider that employs the military
  266  trained health care veteran; and
  267         b.The name and phone number of a contact health care
  268  provider who is responsible for supervising the military-trained
  269  health care veteran and who shall be in possession of a copy of
  270  the list of practice skills for which the board has determined
  271  the military-trained health care veteran has sufficient
  272  experience to perform under supervision with his or her MMACOF
  273  Health Care Certificate.
  274         15.An MMACOF Health Care Certificateholder must notify the
  275  department and Florida Is For Veterans, Inc., in writing within
  276  10 days after:
  277         a.The military-trained health care veteran’s termination
  278  of his or her employment with a participating health care
  279  provider; or
  280         b.The military-trained health care veteran’s failure to
  281  remain in or maintain active enrollment on at least a half-time
  282  basis in an approved and accredited Florida health care
  283  education and training program.
  284         16.A participating health care provider that employs a
  285  military-trained health care veteran in any capacity must notify
  286  the department and Florida Is For Veterans, Inc., in writing
  287  within 10 days after the employment termination of a military
  288  trained health care veteran, including the reasons for the
  289  termination.
  290         17.An approved and accredited Florida health care
  291  education and training program that has enrolled a military
  292  trained health care veteran who holds a MMACOF Health Care
  293  Certificate and who is employed by a participating health care
  294  provider must notify the department and Florida Is For Veterans,
  295  Inc., in writing within 10 days after the:
  296         a.Termination of the military-trained health care
  297  veteran’s enrollment from the approved and accredited Florida
  298  health care education and training program for any reason,
  299  specifying the reasons for termination;
  300         b.Military-trained health care veteran’s enrollment
  301  dropping below a half-time basis; or
  302         c.Military-trained health care veteran’s class absences
  303  being of sufficient number to cause the military-trained health
  304  care veteran to drop or fail classes, dropping his or her
  305  enrollment to less than a half-time basis.
  306         18.The following acts constitute grounds for denial of an
  307  MMACOF Health Care Certificate or disciplinary action, as
  308  specified in s. 456.072(2):
  309         a. Obtaining or attempting to obtain an MMACOF Health Care
  310  Certificate by bribery, fraud, or knowing misrepresentation.
  311         b. Having an MMACOF Health Care Certificate revoked,
  312  suspended, or otherwise acted against, including denial, in
  313  another jurisdiction.
  314         c. Being convicted or found guilty of, or entering a plea
  315  of nolo contendere to, regardless of adjudication, a crime in
  316  any jurisdiction which relates to practicing as a military
  317  trained health care veteran under an MMACOF Health Care
  318  Certificate.
  319         d. Willfully making or filing a false report or record,
  320  willfully failing to file a report or record that directly
  321  relates to practicing as a military-trained health care veteran
  322  under an MMACOF Health Care Certificate, or willfully impeding
  323  or obstructing the filing of a report or record required by
  324  another person.
  325         e. Circulating false, misleading, or deceptive advertising.
  326         f. Engaging in unprofessional conduct, including any
  327  departure from or failure to conform to acceptable standards
  328  related to practicing as a military-trained health care veteran
  329  under an MMACOF Health Care Certificate.
  330         g. Engaging or attempting to engage in the illegal
  331  possession, sale, or distribution of any illegal or controlled
  332  substance.
  333         h. Willfully failing to report any known violation of
  334  chapter 457; chapter 458; chapter 459; chapter 460; chapter 461;
  335  chapter 462; chapter 463; chapter 464; chapter 465; chapter 466;
  336  chapter 467; part I, part II, part III, part V, part X, part
  337  XIII, or part XIV of chapter 468; chapter 478; chapter 480; part
  338  I, part II, or part III of chapter 483; chapter 484; chapter
  339  486; chapter 490; or chapter 491.
  340         i. Engaging in the delivery of military-trained health care
  341  skills without an active MMACOF Health Care Certificate.
  342         j. Failing to perform any statutory or legal obligation
  343  placed upon a military-trained health care veteran.
  344         k. Accepting and performing professional responsibilities
  345  that the certificateholder knows, or has reason to know, he or
  346  she is not competent to perform.
  347         l. Delegating military-trained health care skills to a
  348  person the certificateholder knows, or has reason to know, is
  349  unqualified by training, experience, or licensure to perform.
  350         m. Being judicially determined mentally incompetent.
  351         n.Being unable to practice as a military-trained health
  352  care veteran with reasonable skill and safety because of a
  353  mental or physical condition or illness or the use of alcohol,
  354  controlled substances, or any other substance that impairs one’s
  355  ability to practice.
  356         o. Disclosing the identity of or information about a
  357  patient without written permission, except for information that
  358  does not identify a patient and is used for training purposes in
  359  an approved training program.
  360         p. Violating any provision of this section or chapter 456,
  361  or any rules adopted pursuant thereto.
  362         q.The department may, upon probable cause, compel a
  363  certificateholder to submit to a mental or physical examination
  364  by physicians designated by the department. The cost of an
  365  examination shall be borne by the certificateholder, and his or
  366  her failure to submit to such an examination shall constitute an
  367  admission of the allegations against him or her, consequent upon
  368  which a default and a final order may be entered without the
  369  taking of testimony or presentation of evidence, unless the
  370  failure was due to circumstances beyond his or her control.
  371         r.A certificateholder disciplined under this paragraph
  372  shall, at reasonable intervals, be afforded an opportunity to
  373  demonstrate that he or she can resume the practice as a
  374  military-trained health care veteran with reasonable skill and
  375  safety.
  376         s.In any proceeding under this subparagraph, the record of
  377  proceedings or the orders entered by the board may not be used
  378  against a certificateholder in any other proceeding.
  379         19. The department or Board of Medicine may enter an order
  380  denying certification or imposing any of the penalties in s.
  381  456.072(2) against any applicant for certification who is found
  382  guilty of any of the violations specified in s. 456.072(1).
  383         20.The department or Board of Medicine may not issue or
  384  reinstate a military-trained health care veteran’s MMACOF Health
  385  Care Certificate to a person it deemed unqualified until it is
  386  satisfied that such person has complied with the terms and
  387  conditions of the final order and that the certificateholder can
  388  safely practice as a military-trained health care veteran.
  389         21. The Board of Medicine may, by rule, establish
  390  guidelines for the disposition of disciplinary cases involving
  391  specific violations. The guidelines may include minimum and
  392  maximum fines, periods of supervision during probation, or
  393  conditions upon probation or reissuance of a military-trained
  394  health care veteran’s MMACOF Health Care Certificate.
  395         (b)No Veteran Left Behind.—Veterans who do not meet the
  396  definition of the term “military-trained health care veteran”
  397  but who have served in health care-related fields shall receive
  398  assistance from the MMACOF program in resume writing,
  399  mentorship, and obtaining employment with participating health
  400  care providers.
  401         (c)Health Care Leadership.—The MMACOF program shall assist
  402  veterans and their spouses, in the course of the veterans’
  403  military service, who have gained management experience or have
  404  completed any advanced degree in finding civilian health care
  405  leadership and management employment in a variety of health care
  406  disciplines.
  407         (4)RULEMAKING AUTHORITY.—The department and the Board of
  408  Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54
  409  to implement this section.
  410         Section 2. Subsection (2) of section 295.21, Florida
  411  Statutes, is amended to read:
  412         295.21 Florida Is For Veterans, Inc.—
  413         (2) PURPOSE.—
  414         (a) The purpose of the corporation is to promote Florida as
  415  a veteran-friendly state that seeks to provide veterans with
  416  employment opportunities and that promotes the hiring of
  417  veterans by the business community. The corporation shall
  418  encourage retired and recently separated military personnel to
  419  remain in the state or to make the state their permanent
  420  residence. The corporation shall promote the value of military
  421  skill sets to businesses in the state, assist in tailoring the
  422  training of veterans to match the needs of the employment
  423  marketplace, and enhance the entrepreneurial skills of veterans.
  424         (b)A subprogram dedicated to health care services
  425  employment may be created under the Veterans Employment and
  426  Training Services Program. The purpose of the health care
  427  service program is to link veterans who have armed service
  428  health care training and who are seeking employment in health
  429  care fields to health care organizations seeking to hire
  430  dedicated, well-trained workers. The program is to meet the
  431  health care workforce demands of this state by facilitating
  432  access to training and education in health fields for veterans
  433  and to promote the health care licensing programs provided by
  434  the state.
  435         Section 3. This act shall take effect July 1, 2022.