CS for CS for SB 768                             First Engrossed
       
       
       
       
       
       
       
       
       2022768e1
       
    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. 381.0303,
   16         F.S.; removing the Children’s Medical Services office
   17         from parties required to coordinate in the development
   18         of local emergency management plans for special needs
   19         shelters; amending s. 381.986, F.S.; authorizing
   20         certain applicants for medical marijuana treatment
   21         center licenses to transfer their initial application
   22         fee to one subsequent opportunity to apply for
   23         licensure under certain circumstances; prohibiting the
   24         department from renewing a medical marijuana treatment
   25         center’s license under certain circumstances;
   26         authorizing the department to select samples of
   27         marijuana from medical marijuana treatment center
   28         facilities for certain testing; authorizing the
   29         department to select samples of marijuana delivery
   30         devices from medical marijuana treatment centers to
   31         determine whether such devices are safe for use;
   32         requiring the department to adopt certain rules using
   33         negotiated rulemaking procedures; requiring medical
   34         marijuana treatment centers to recall marijuana and
   35         marijuana delivery devices, instead of just edibles,
   36         under certain circumstances; exempting the department
   37         and its employees from criminal provisions if they
   38         acquire, possess, test, transport, or lawfully dispose
   39         of marijuana and marijuana delivery devices under
   40         certain circumstances; amending s. 381.99, F.S.;
   41         revising the membership of the Rare Disease Advisory
   42         Council; amending s. 383.216, F.S.; authorizing the
   43         organization representing all Healthy Start Coalitions
   44         to use any method of telecommunication to conduct
   45         meetings under certain circumstances; amending s.
   46         456.039, F.S.; requiring certain applicants for
   47         licensure as physicians to provide specified
   48         documentation to the department at the time of
   49         application; amending s. 460.406, F.S.; revising
   50         provisions related to chiropractic physician
   51         licensing; amending s. 464.008, F.S.; deleting a
   52         requirement that certain nursing program graduates
   53         complete a specified preparatory course; amending s.
   54         464.018, F.S.; revising grounds for disciplinary
   55         action against licensed nurses; amending s. 467.003,
   56         F.S.; revising and defining terms; amending s.
   57         467.009, F.S.; revising provisions related to
   58         accredited and approved midwifery programs; amending
   59         s. 467.011, F.S.; revising requirements for licensure
   60         of midwives; amending s. 467.0125, F.S.; revising
   61         requirements for licensure by endorsement of midwives;
   62         revising requirements for temporary certificates to
   63         practice midwifery in this state; amending s. 467.205,
   64         F.S.; revising provisions relating to approval,
   65         continued monitoring, probationary status, provisional
   66         approval, and approval rescission of midwifery
   67         programs; amending s. 468.803, F.S.; revising
   68         provisions related to orthotist and prosthetist
   69         registration, examination, and licensing; amending s.
   70         483.824, F.S.; revising educational requirements for
   71         clinical laboratory directors; amending s. 490.003,
   72         F.S.; defining the terms “doctoral degree from an
   73         American Psychological Association accredited program”
   74         and “doctoral degree in psychology”; amending ss.
   75         490.005 and 490.0051, F.S.; revising education
   76         requirements for psychologist licensure and
   77         provisional licensure, respectively; amending s.
   78         491.005, F.S.; revising requirements for licensure of
   79         clinical social workers, marriage and family
   80         therapists, and mental health counselors; amending s.
   81         766.31, F.S.; revising eligibility requirements for
   82         certain retroactive payments to parents or legal
   83         guardians under the Florida Birth-Related Neurological
   84         Injury Compensation Plan; providing retroactive
   85         applicability; requiring the plan to make certain
   86         retroactive payments to eligible parents or guardians;
   87         authorizing the plan to make such payments in a lump
   88         sum or periodically as designated by eligible parents
   89         or legal guardians; requiring the plan to make the
   90         payments by a specified date; amending s. 766.314,
   91         F.S.; deleting obsolete language and updating
   92         provisions to conform to current law; revising the
   93         frequency with which the department must submit
   94         certain reports to the Florida Birth-Related
   95         Neurological Injury Compensation Association; revising
   96         the content of such reports; authorizing the
   97         association to enforce the collection of certain
   98         assessments in circuit court under certain
   99         circumstances; requiring the association to notify the
  100         department and the applicable regulatory board of any
  101         unpaid final judgment against a physician within a
  102         specified timeframe; providing effective dates.
  103          
  104  Be It Enacted by the Legislature of the State of Florida:
  105  
  106         Section 1. Subsections (2) and (3) of section 381.0045,
  107  Florida Statutes, are amended to read:
  108         381.0045 Targeted outreach for pregnant women.—
  109         (2) It is the purpose of this section to establish a
  110  targeted outreach program for high-risk pregnant women who may
  111  not seek proper prenatal care, who suffer from substance abuse
  112  or mental health problems, or who have acquired are infected
  113  with human immunodeficiency virus (HIV), and to provide these
  114  women with links to much-needed much needed services and
  115  information.
  116         (3) The department shall:
  117         (a) Conduct outreach programs through contracts with,
  118  grants to, or other working relationships with persons or
  119  entities where the target population is likely to be found.
  120         (b) Provide outreach that is peer-based, culturally
  121  sensitive, and performed in a nonjudgmental manner.
  122         (c) Encourage high-risk pregnant women of unknown status to
  123  be tested for HIV and other sexually transmissible diseases as
  124  specified by department rule.
  125         (d) Educate women not receiving prenatal care as to the
  126  benefits of such care.
  127         (e) Provide HIV-infected pregnant women who have HIV with
  128  information on the need for antiretroviral medication for their
  129  newborn, their medication options, and how they can access the
  130  medication after their discharge from the hospital so they can
  131  make an informed decision about the use of Zidovudine (AZT).
  132         (f) Link women with substance abuse treatment and mental
  133  health services, when available, and act as a liaison with
  134  Healthy Start coalitions, children’s medical services, Ryan
  135  White-funded providers, and other services of the Department of
  136  Health.
  137         (g) Educate pregnant women who have HIV on the importance
  138  of engaging in and continuing HIV care.
  139         (h) Provide continued oversight of any newborn exposed to
  140  HIV to determine the newborn’s final HIV status and ensure
  141  continued linkage to care if the newborn is diagnosed with HIV
  142  to HIV-exposed newborns.
  143         Section 2. Paragraphs (a) and (c) of subsection (2) of
  144  section 381.0303, Florida Statutes, are amended to read:
  145         381.0303 Special needs shelters.—
  146         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
  147  ASSISTANCE.—If funds have been appropriated to support disaster
  148  coordinator positions in county health departments:
  149         (a) The department shall assume lead responsibility for the
  150  coordination of local medical and health care providers, the
  151  American Red Cross, and other interested parties in developing a
  152  plan for the staffing and medical management of special needs
  153  shelters and. The local Children’s Medical Services offices
  154  shall assume lead responsibility for the coordination of local
  155  medical and health care providers, the American Red Cross, and
  156  other interested parties in developing a plan for the staffing
  157  and medical management of pediatric special needs shelters.
  158  Plans must conform to the local comprehensive emergency
  159  management plan.
  160         (c) The appropriate county health department, Children’s
  161  Medical Services office, and local emergency management agency
  162  shall jointly decide who has responsibility for medical
  163  supervision in each special needs shelter.
  164         Section 3. Effective upon this act becoming a law,
  165  paragraph (a) of subsection (8) of section 381.986, Florida
  166  Statutes, is amended to read:
  167         381.986 Medical use of marijuana.—
  168         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  169         (a) The department shall license medical marijuana
  170  treatment centers to ensure reasonable statewide accessibility
  171  and availability as necessary for qualified patients registered
  172  in the medical marijuana use registry and who are issued a
  173  physician certification under this section.
  174         1. As soon as practicable, but no later than July 3, 2017,
  175  the department shall license as a medical marijuana treatment
  176  center any entity that holds an active, unrestricted license to
  177  cultivate, process, transport, and dispense low-THC cannabis,
  178  medical cannabis, and cannabis delivery devices, under former s.
  179  381.986, Florida Statutes 2016, before July 1, 2017, and which
  180  meets the requirements of this section. In addition to the
  181  authority granted under this section, these entities are
  182  authorized to dispense low-THC cannabis, medical cannabis, and
  183  cannabis delivery devices ordered pursuant to former s. 381.986,
  184  Florida Statutes 2016, which were entered into the compassionate
  185  use registry before July 1, 2017, and are authorized to begin
  186  dispensing marijuana under this section on July 3, 2017. The
  187  department may grant variances from the representations made in
  188  such an entity’s original application for approval under former
  189  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  190         2. The department shall license as medical marijuana
  191  treatment centers 10 applicants that meet the requirements of
  192  this section, under the following parameters:
  193         a. As soon as practicable, but no later than August 1,
  194  2017, the department shall license any applicant whose
  195  application was reviewed, evaluated, and scored by the
  196  department and which was denied a dispensing organization
  197  license by the department under former s. 381.986, Florida
  198  Statutes 2014; which had one or more administrative or judicial
  199  challenges pending as of January 1, 2017, or had a final ranking
  200  within one point of the highest final ranking in its region
  201  under former s. 381.986, Florida Statutes 2014; which meets the
  202  requirements of this section; and which provides documentation
  203  to the department that it has the existing infrastructure and
  204  technical and technological ability to begin cultivating
  205  marijuana within 30 days after registration as a medical
  206  marijuana treatment center.
  207         b. As soon as practicable, the department shall license one
  208  applicant that is a recognized class member of Pigford v.
  209  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  210  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  211  under this sub-subparagraph is exempt from the requirement of
  212  subparagraph (b)2. An applicant that applies for licensure under
  213  this sub-subparagraph, pays its initial application fee, is
  214  determined by the department through the application process to
  215  qualify as a recognized class member, and is not awarded a
  216  license under this sub-subparagraph may transfer its initial
  217  application fee to one subsequent opportunity to apply for
  218  licensure under subparagraph 4.
  219         c. As soon as practicable, but no later than October 3,
  220  2017, the department shall license applicants that meet the
  221  requirements of this section in sufficient numbers to result in
  222  10 total licenses issued under this subparagraph, while
  223  accounting for the number of licenses issued under sub
  224  subparagraphs a. and b.
  225         3. For up to two of the licenses issued under subparagraph
  226  2., the department shall give preference to applicants that
  227  demonstrate in their applications that they own one or more
  228  facilities that are, or were, used for the canning,
  229  concentrating, or otherwise processing of citrus fruit or citrus
  230  molasses and will use or convert the facility or facilities for
  231  the processing of marijuana.
  232         4. Within 6 months after the registration of 100,000 active
  233  qualified patients in the medical marijuana use registry, the
  234  department shall license four additional medical marijuana
  235  treatment centers that meet the requirements of this section.
  236  Thereafter, the department shall license four medical marijuana
  237  treatment centers within 6 months after the registration of each
  238  additional 100,000 active qualified patients in the medical
  239  marijuana use registry that meet the requirements of this
  240  section.
  241         Section 4. Present paragraphs (e) through (h) of subsection
  242  (14) of section 381.986, Florida Statutes, are redesignated as
  243  paragraphs (f) through (i), respectively, a new paragraph (e) is
  244  added to that subsection, and paragraphs (b) and (e) of
  245  subsection (8) of that section are amended, to read:
  246         381.986 Medical use of marijuana.—
  247         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  248         (b) An applicant for licensure as a medical marijuana
  249  treatment center shall apply to the department on a form
  250  prescribed by the department and adopted in rule. The department
  251  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  252  establishing a procedure for the issuance and biennial renewal
  253  of licenses, including initial application and biennial renewal
  254  fees sufficient to cover the costs of implementing and
  255  administering this section, and establishing supplemental
  256  licensure fees for payment beginning May 1, 2018, sufficient to
  257  cover the costs of administering ss. 381.989 and 1004.4351. The
  258  department shall identify applicants with strong diversity plans
  259  reflecting this state’s commitment to diversity and implement
  260  training programs and other educational programs to enable
  261  minority persons and minority business enterprises, as defined
  262  in s. 288.703, and veteran business enterprises, as defined in
  263  s. 295.187, to compete for medical marijuana treatment center
  264  licensure and contracts. Subject to the requirements in
  265  subparagraphs (a)2.-4., the department shall issue a license to
  266  an applicant if the applicant meets the requirements of this
  267  section and pays the initial application fee. The department
  268  shall renew the licensure of a medical marijuana treatment
  269  center biennially if the licensee meets the requirements of this
  270  section and pays the biennial renewal fee. However, the
  271  department may not renew the license of a medical marijuana
  272  treatment center that has not begun to cultivate, process, and
  273  dispense marijuana by the date that the medical marijuana
  274  treatment center is required to renew its license. An individual
  275  may not be an applicant, owner, officer, board member, or
  276  manager on more than one application for licensure as a medical
  277  marijuana treatment center. An individual or entity may not be
  278  awarded more than one license as a medical marijuana treatment
  279  center. An applicant for licensure as a medical marijuana
  280  treatment center must demonstrate:
  281         1. That, for the 5 consecutive years before submitting the
  282  application, the applicant has been registered to do business in
  283  the state.
  284         2. Possession of a valid certificate of registration issued
  285  by the Department of Agriculture and Consumer Services pursuant
  286  to s. 581.131.
  287         3. The technical and technological ability to cultivate and
  288  produce marijuana, including, but not limited to, low-THC
  289  cannabis.
  290         4. The ability to secure the premises, resources, and
  291  personnel necessary to operate as a medical marijuana treatment
  292  center.
  293         5. The ability to maintain accountability of all raw
  294  materials, finished products, and any byproducts to prevent
  295  diversion or unlawful access to or possession of these
  296  substances.
  297         6. An infrastructure reasonably located to dispense
  298  marijuana to registered qualified patients statewide or
  299  regionally as determined by the department.
  300         7. The financial ability to maintain operations for the
  301  duration of the 2-year approval cycle, including the provision
  302  of certified financial statements to the department.
  303         a. Upon approval, the applicant must post a $5 million
  304  performance bond issued by an authorized surety insurance
  305  company rated in one of the three highest rating categories by a
  306  nationally recognized rating service. However, a medical
  307  marijuana treatment center serving at least 1,000 qualified
  308  patients is only required to maintain a $2 million performance
  309  bond.
  310         b. In lieu of the performance bond required under sub
  311  subparagraph a., the applicant may provide an irrevocable letter
  312  of credit payable to the department or provide cash to the
  313  department. If provided with cash under this sub-subparagraph,
  314  the department shall deposit the cash in the Grants and
  315  Donations Trust Fund within the Department of Health, subject to
  316  the same conditions as the bond regarding requirements for the
  317  applicant to forfeit ownership of the funds. If the funds
  318  deposited under this sub-subparagraph generate interest, the
  319  amount of that interest shall be used by the department for the
  320  administration of this section.
  321         8. That all owners, officers, board members, and managers
  322  have passed a background screening pursuant to subsection (9).
  323         9. The employment of a medical director to supervise the
  324  activities of the medical marijuana treatment center.
  325         10. A diversity plan that promotes and ensures the
  326  involvement of minority persons and minority business
  327  enterprises, as defined in s. 288.703, or veteran business
  328  enterprises, as defined in s. 295.187, in ownership, management,
  329  and employment. An applicant for licensure renewal must show the
  330  effectiveness of the diversity plan by including the following
  331  with his or her application for renewal:
  332         a. Representation of minority persons and veterans in the
  333  medical marijuana treatment center’s workforce;
  334         b. Efforts to recruit minority persons and veterans for
  335  employment; and
  336         c. A record of contracts for services with minority
  337  business enterprises and veteran business enterprises.
  338         (e) A licensed medical marijuana treatment center shall
  339  cultivate, process, transport, and dispense marijuana for
  340  medical use. A licensed medical marijuana treatment center may
  341  not contract for services directly related to the cultivation,
  342  processing, and dispensing of marijuana or marijuana delivery
  343  devices, except that a medical marijuana treatment center
  344  licensed pursuant to subparagraph (a)1. may contract with a
  345  single entity for the cultivation, processing, transporting, and
  346  dispensing of marijuana and marijuana delivery devices. A
  347  licensed medical marijuana treatment center must, at all times,
  348  maintain compliance with the criteria demonstrated and
  349  representations made in the initial application and the criteria
  350  established in this subsection. Upon request, the department may
  351  grant a medical marijuana treatment center a variance from the
  352  representations made in the initial application. Consideration
  353  of such a request shall be based upon the individual facts and
  354  circumstances surrounding the request. A variance may not be
  355  granted unless the requesting medical marijuana treatment center
  356  can demonstrate to the department that it has a proposed
  357  alternative to the specific representation made in its
  358  application which fulfills the same or a similar purpose as the
  359  specific representation in a way that the department can
  360  reasonably determine will not be a lower standard than the
  361  specific representation in the application. A variance may not
  362  be granted from the requirements in subparagraph 2. and
  363  subparagraphs (b)1. and 2.
  364         1. A licensed medical marijuana treatment center may
  365  transfer ownership to an individual or entity who meets the
  366  requirements of this section. A publicly traded corporation or
  367  publicly traded company that meets the requirements of this
  368  section is not precluded from ownership of a medical marijuana
  369  treatment center. To accommodate a change in ownership:
  370         a. The licensed medical marijuana treatment center shall
  371  notify the department in writing at least 60 days before the
  372  anticipated date of the change of ownership.
  373         b. The individual or entity applying for initial licensure
  374  due to a change of ownership must submit an application that
  375  must be received by the department at least 60 days before the
  376  date of change of ownership.
  377         c. Upon receipt of an application for a license, the
  378  department shall examine the application and, within 30 days
  379  after receipt, notify the applicant in writing of any apparent
  380  errors or omissions and request any additional information
  381  required.
  382         d. Requested information omitted from an application for
  383  licensure must be filed with the department within 21 days after
  384  the department’s request for omitted information or the
  385  application shall be deemed incomplete and shall be withdrawn
  386  from further consideration and the fees shall be forfeited.
  387         e. Within 30 days after the receipt of a complete
  388  application, the department shall approve or deny the
  389  application.
  390         2. A medical marijuana treatment center, and any individual
  391  or entity who directly or indirectly owns, controls, or holds
  392  with power to vote 5 percent or more of the voting shares of a
  393  medical marijuana treatment center, may not acquire direct or
  394  indirect ownership or control of any voting shares or other form
  395  of ownership of any other medical marijuana treatment center.
  396         3. A medical marijuana treatment center may not enter into
  397  any form of profit-sharing arrangement with the property owner
  398  or lessor of any of its facilities where cultivation,
  399  processing, storing, or dispensing of marijuana and marijuana
  400  delivery devices occurs.
  401         4. All employees of a medical marijuana treatment center
  402  must be 21 years of age or older and have passed a background
  403  screening pursuant to subsection (9).
  404         5. Each medical marijuana treatment center must adopt and
  405  enforce policies and procedures to ensure employees and
  406  volunteers receive training on the legal requirements to
  407  dispense marijuana to qualified patients.
  408         6. When growing marijuana, a medical marijuana treatment
  409  center:
  410         a. May use pesticides determined by the department, after
  411  consultation with the Department of Agriculture and Consumer
  412  Services, to be safely applied to plants intended for human
  413  consumption, but may not use pesticides designated as
  414  restricted-use pesticides pursuant to s. 487.042.
  415         b. Must grow marijuana within an enclosed structure and in
  416  a room separate from any other plant.
  417         c. Must inspect seeds and growing plants for plant pests
  418  that endanger or threaten the horticultural and agricultural
  419  interests of the state in accordance with chapter 581 and any
  420  rules adopted thereunder.
  421         d. Must perform fumigation or treatment of plants, or
  422  remove and destroy infested or infected plants, in accordance
  423  with chapter 581 and any rules adopted thereunder.
  424         7. Each medical marijuana treatment center must produce and
  425  make available for purchase at least one low-THC cannabis
  426  product.
  427         8. A medical marijuana treatment center that produces
  428  edibles must hold a permit to operate as a food establishment
  429  pursuant to chapter 500, the Florida Food Safety Act, and must
  430  comply with all the requirements for food establishments
  431  pursuant to chapter 500 and any rules adopted thereunder.
  432  Edibles may not contain more than 200 milligrams of
  433  tetrahydrocannabinol, and a single serving portion of an edible
  434  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  435  may have a potency variance of no greater than 15 percent.
  436  Edibles may not be attractive to children; be manufactured in
  437  the shape of humans, cartoons, or animals; be manufactured in a
  438  form that bears any reasonable resemblance to products available
  439  for consumption as commercially available candy; or contain any
  440  color additives. To discourage consumption of edibles by
  441  children, the department shall determine by rule any shapes,
  442  forms, and ingredients allowed and prohibited for edibles.
  443  Medical marijuana treatment centers may not begin processing or
  444  dispensing edibles until after the effective date of the rule.
  445  The department shall also adopt sanitation rules providing the
  446  standards and requirements for the storage, display, or
  447  dispensing of edibles.
  448         9. Within 12 months after licensure, a medical marijuana
  449  treatment center must demonstrate to the department that all of
  450  its processing facilities have passed a Food Safety Good
  451  Manufacturing Practices, such as Global Food Safety Initiative
  452  or equivalent, inspection by a nationally accredited certifying
  453  body. A medical marijuana treatment center must immediately stop
  454  processing at any facility which fails to pass this inspection
  455  until it demonstrates to the department that such facility has
  456  met this requirement.
  457         10. A medical marijuana treatment center that produces
  458  prerolled marijuana cigarettes may not use wrapping paper made
  459  with tobacco or hemp.
  460         11. When processing marijuana, a medical marijuana
  461  treatment center must:
  462         a. Process the marijuana within an enclosed structure and
  463  in a room separate from other plants or products.
  464         b. Comply with department rules when processing marijuana
  465  with hydrocarbon solvents or other solvents or gases exhibiting
  466  potential toxicity to humans. The department shall determine by
  467  rule the requirements for medical marijuana treatment centers to
  468  use such solvents or gases exhibiting potential toxicity to
  469  humans.
  470         c. Comply with federal and state laws and regulations and
  471  department rules for solid and liquid wastes. The department
  472  shall determine by rule procedures for the storage, handling,
  473  transportation, management, and disposal of solid and liquid
  474  waste generated during marijuana production and processing. The
  475  Department of Environmental Protection shall assist the
  476  department in developing such rules.
  477         d. Test the processed marijuana using a medical marijuana
  478  testing laboratory before it is dispensed. Results must be
  479  verified and signed by two medical marijuana treatment center
  480  employees. Before dispensing, the medical marijuana treatment
  481  center must determine that the test results indicate that low
  482  THC cannabis meets the definition of low-THC cannabis, the
  483  concentration of tetrahydrocannabinol meets the potency
  484  requirements of this section, the labeling of the concentration
  485  of tetrahydrocannabinol and cannabidiol is accurate, and all
  486  marijuana is safe for human consumption and free from
  487  contaminants that are unsafe for human consumption. The
  488  department shall determine by rule which contaminants must be
  489  tested for and the maximum levels of each contaminant which are
  490  safe for human consumption. The Department of Agriculture and
  491  Consumer Services shall assist the department in developing the
  492  testing requirements for contaminants that are unsafe for human
  493  consumption in edibles. The department shall also determine by
  494  rule the procedures for the treatment of marijuana that fails to
  495  meet the testing requirements of this section, s. 381.988, or
  496  department rule. The department may select samples of marijuana
  497  a random sample from edibles available for purchase in a medical
  498  marijuana treatment center dispensing facility which shall be
  499  tested by the department to determine whether that the marijuana
  500  edible meets the potency requirements of this section, is safe
  501  for human consumption, and is accurately labeled with the
  502  labeling of the tetrahydrocannabinol and cannabidiol
  503  concentration or to verify the result of marijuana testing
  504  conducted by a marijuana testing laboratory. The department may
  505  also select samples of marijuana delivery devices from a medical
  506  marijuana treatment center to determine whether the marijuana
  507  delivery device is safe for use by qualified patients is
  508  accurate. A medical marijuana treatment center may not require
  509  payment from the department for the sample. A medical marijuana
  510  treatment center must recall marijuana edibles, including all
  511  marijuana and marijuana products edibles made from the same
  512  batch of marijuana, that fails which fail to meet the potency
  513  requirements of this section, that is which are unsafe for human
  514  consumption, or for which the labeling of the
  515  tetrahydrocannabinol and cannabidiol concentration is
  516  inaccurate. The department shall adopt rules to establish
  517  marijuana potency variations of no greater than 15 percent using
  518  negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
  519  for, but is not limited to, time lapses between testing, testing
  520  methods, testing instruments, and types of marijuana sampled for
  521  testing. The department may not issue any recalls for product
  522  potency as it relates to product labeling before issuing a rule
  523  relating to potency variation standards. A medical marijuana
  524  treatment center must also recall all marijuana delivery devices
  525  determined to be unsafe for use by qualified patients. The
  526  medical marijuana treatment center must retain records of all
  527  testing and samples of each homogenous batch of marijuana for at
  528  least 9 months. The medical marijuana treatment center must
  529  contract with a marijuana testing laboratory to perform audits
  530  on the medical marijuana treatment center’s standard operating
  531  procedures, testing records, and samples and provide the results
  532  to the department to confirm that the marijuana or low-THC
  533  cannabis meets the requirements of this section and that the
  534  marijuana or low-THC cannabis is safe for human consumption. A
  535  medical marijuana treatment center shall reserve two processed
  536  samples from each batch and retain such samples for at least 9
  537  months for the purpose of such audits. A medical marijuana
  538  treatment center may use a laboratory that has not been
  539  certified by the department under s. 381.988 until such time as
  540  at least one laboratory holds the required certification, but in
  541  no event later than July 1, 2018.
  542         e. Package the marijuana in compliance with the United
  543  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  544  1471 et seq.
  545         f. Package the marijuana in a receptacle that has a firmly
  546  affixed and legible label stating the following information:
  547         (I) The marijuana or low-THC cannabis meets the
  548  requirements of sub-subparagraph d.
  549         (II) The name of the medical marijuana treatment center
  550  from which the marijuana originates.
  551         (III) The batch number and harvest number from which the
  552  marijuana originates and the date dispensed.
  553         (IV) The name of the physician who issued the physician
  554  certification.
  555         (V) The name of the patient.
  556         (VI) The product name, if applicable, and dosage form,
  557  including concentration of tetrahydrocannabinol and cannabidiol.
  558  The product name may not contain wording commonly associated
  559  with products marketed by or to children.
  560         (VII) The recommended dose.
  561         (VIII) A warning that it is illegal to transfer medical
  562  marijuana to another person.
  563         (IX) A marijuana universal symbol developed by the
  564  department.
  565         12. The medical marijuana treatment center shall include in
  566  each package a patient package insert with information on the
  567  specific product dispensed related to:
  568         a. Clinical pharmacology.
  569         b. Indications and use.
  570         c. Dosage and administration.
  571         d. Dosage forms and strengths.
  572         e. Contraindications.
  573         f. Warnings and precautions.
  574         g. Adverse reactions.
  575         13. In addition to the packaging and labeling requirements
  576  specified in subparagraphs 11. and 12., marijuana in a form for
  577  smoking must be packaged in a sealed receptacle with a legible
  578  and prominent warning to keep away from children and a warning
  579  that states marijuana smoke contains carcinogens and may
  580  negatively affect health. Such receptacles for marijuana in a
  581  form for smoking must be plain, opaque, and white without
  582  depictions of the product or images other than the medical
  583  marijuana treatment center’s department-approved logo and the
  584  marijuana universal symbol.
  585         14. The department shall adopt rules to regulate the types,
  586  appearance, and labeling of marijuana delivery devices dispensed
  587  from a medical marijuana treatment center. The rules must
  588  require marijuana delivery devices to have an appearance
  589  consistent with medical use.
  590         15. Each edible shall be individually sealed in plain,
  591  opaque wrapping marked only with the marijuana universal symbol.
  592  Where practical, each edible shall be marked with the marijuana
  593  universal symbol. In addition to the packaging and labeling
  594  requirements in subparagraphs 11. and 12., edible receptacles
  595  must be plain, opaque, and white without depictions of the
  596  product or images other than the medical marijuana treatment
  597  center’s department-approved logo and the marijuana universal
  598  symbol. The receptacle must also include a list of all the
  599  edible’s ingredients, storage instructions, an expiration date,
  600  a legible and prominent warning to keep away from children and
  601  pets, and a warning that the edible has not been produced or
  602  inspected pursuant to federal food safety laws.
  603         16. When dispensing marijuana or a marijuana delivery
  604  device, a medical marijuana treatment center:
  605         a. May dispense any active, valid order for low-THC
  606  cannabis, medical cannabis and cannabis delivery devices issued
  607  pursuant to former s. 381.986, Florida Statutes 2016, which was
  608  entered into the medical marijuana use registry before July 1,
  609  2017.
  610         b. May not dispense more than a 70-day supply of marijuana
  611  within any 70-day period to a qualified patient or caregiver.
  612  May not dispense more than one 35-day supply of marijuana in a
  613  form for smoking within any 35-day period to a qualified patient
  614  or caregiver. A 35-day supply of marijuana in a form for smoking
  615  may not exceed 2.5 ounces unless an exception to this amount is
  616  approved by the department pursuant to paragraph (4)(f).
  617         c. Must have the medical marijuana treatment center’s
  618  employee who dispenses the marijuana or a marijuana delivery
  619  device enter into the medical marijuana use registry his or her
  620  name or unique employee identifier.
  621         d. Must verify that the qualified patient and the
  622  caregiver, if applicable, each have an active registration in
  623  the medical marijuana use registry and an active and valid
  624  medical marijuana use registry identification card, the amount
  625  and type of marijuana dispensed matches the physician
  626  certification in the medical marijuana use registry for that
  627  qualified patient, and the physician certification has not
  628  already been filled.
  629         e. May not dispense marijuana to a qualified patient who is
  630  younger than 18 years of age. If the qualified patient is
  631  younger than 18 years of age, marijuana may only be dispensed to
  632  the qualified patient’s caregiver.
  633         f. May not dispense or sell any other type of cannabis,
  634  alcohol, or illicit drug-related product, including pipes or
  635  wrapping papers made with tobacco or hemp, other than a
  636  marijuana delivery device required for the medical use of
  637  marijuana and which is specified in a physician certification.
  638         g. Must, upon dispensing the marijuana or marijuana
  639  delivery device, record in the registry the date, time,
  640  quantity, and form of marijuana dispensed; the type of marijuana
  641  delivery device dispensed; and the name and medical marijuana
  642  use registry identification number of the qualified patient or
  643  caregiver to whom the marijuana delivery device was dispensed.
  644         h. Must ensure that patient records are not visible to
  645  anyone other than the qualified patient, his or her caregiver,
  646  and authorized medical marijuana treatment center employees.
  647         (14) EXCEPTIONS TO OTHER LAWS.—
  648         (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  649  any other law, but subject to the requirements of this section,
  650  the department, including an employee of the department acting
  651  within the scope of his or her employment, may acquire, possess,
  652  test, transport, and lawfully dispose of marijuana and marijuana
  653  delivery devices as provided in this section, in s. 381.988, and
  654  by department rule.
  655         Section 5. Paragraphs (b) and (c) of subsection (2) of
  656  section 381.99, Florida Statutes, are amended to read:
  657         381.99 Rare Disease Advisory Council.—
  658         (2) The advisory council is composed of the following
  659  members:
  660         (b) As appointed by the President of the Senate:
  661         1. A representative from an academic research institution
  662  in this state which receives grant funding for research
  663  regarding rare diseases.
  664         2. A physician who is licensed under chapter 458 or chapter
  665  459 and practicing in this state with experience in treating
  666  rare diseases.
  667         3. An individual who is 18 years of age or older who has a
  668  rare disease.
  669         4. Two individuals An individual who are caregivers for
  670  individuals is a caregiver of an individual with a rare disease.
  671         5. A representative of an organization operating in this
  672  state which provides care or other support to individuals with
  673  rare diseases.
  674         (c) As appointed by the Speaker of the House of
  675  Representatives:
  676         1. A representative from an academic research institution
  677  in this state which receives grant funding for research
  678  regarding rare diseases.
  679         2. A physician who is licensed under chapter 458 or chapter
  680  459 and practicing in this state with experience in treating
  681  rare diseases.
  682         3. An individual who is 18 years of age or older who has a
  683  rare disease.
  684         4. Two individuals An individual who are caregivers for
  685  individuals is a caregiver of an individual with a rare disease.
  686         5. A representative of organizations in this state which
  687  provide care or other support to individuals with rare diseases.
  688  
  689  Any vacancy on the advisory council must be filled in the same
  690  manner as the original appointment.
  691         Section 6. Subsection (9) of section 383.216, Florida
  692  Statutes, is amended to read:
  693         383.216 Community-based prenatal and infant health care.—
  694         (9) Local prenatal and infant health care coalitions shall
  695  incorporate as not-for-profit corporations for the purpose of
  696  seeking and receiving grants from federal, state, and local
  697  government and other contributors. However, a coalition need not
  698  be designated as a tax-exempt organization under s. 501(c)(3) of
  699  the Internal Revenue Code. The administrative services
  700  organization representing all Healthy Start Coalitions under s.
  701  409.975(4) may use any method of telecommunication to conduct
  702  meetings for any authorized function, provided that the public
  703  is given proper notice of and reasonable access to the meeting.
  704         Section 7. Subsection (1) of section 456.039, Florida
  705  Statutes, is amended to read:
  706         456.039 Designated health care professionals; information
  707  required for licensure.—
  708         (1) Each person who applies for initial licensure or
  709  license renewal as a physician under chapter 458, chapter 459,
  710  chapter 460, or chapter 461, except a person applying for
  711  registration pursuant to ss. 458.345 and 459.021, must furnish
  712  the following information to the department, at the time of
  713  application or, and each physician who applies for license
  714  renewal under chapter 458, chapter 459, chapter 460, or chapter
  715  461, except a person registered pursuant to ss. 458.345 and
  716  459.021, must, in conjunction with the renewal of such license
  717  and under procedures adopted by the department of Health, and in
  718  addition to any other information that may be required from the
  719  applicant, furnish the following information to the Department
  720  of Health:
  721         (a)1. The name of each medical school that the applicant
  722  has attended, with the dates of attendance and the date of
  723  graduation, and a description of all graduate medical education
  724  completed by the applicant, excluding any coursework taken to
  725  satisfy medical licensure continuing education requirements.
  726         2. The name of each hospital at which the applicant has
  727  privileges.
  728         3. The address at which the applicant will primarily
  729  conduct his or her practice.
  730         4. Any certification that the applicant has received from a
  731  specialty board that is recognized by the board to which the
  732  applicant is applying.
  733         5. The year that the applicant began practicing medicine.
  734         6. Any appointment to the faculty of a medical school which
  735  the applicant currently holds and an indication as to whether
  736  the applicant has had the responsibility for graduate medical
  737  education within the most recent 10 years.
  738         7. A description of any criminal offense of which the
  739  applicant has been found guilty, regardless of whether
  740  adjudication of guilt was withheld, or to which the applicant
  741  has pled guilty or nolo contendere. A criminal offense committed
  742  in another jurisdiction which would have been a felony or
  743  misdemeanor if committed in this state must be reported. If the
  744  applicant indicates that a criminal offense is under appeal and
  745  submits a copy of the notice for appeal of that criminal
  746  offense, the department must state that the criminal offense is
  747  under appeal if the criminal offense is reported in the
  748  applicant’s profile. If the applicant indicates to the
  749  department that a criminal offense is under appeal, the
  750  applicant must, upon disposition of the appeal, submit to the
  751  department a copy of the final written order of disposition.
  752         8. A description of any final disciplinary action taken
  753  within the previous 10 years against the applicant by the agency
  754  regulating the profession that the applicant is or has been
  755  licensed to practice, whether in this state or in any other
  756  jurisdiction, by a specialty board that is recognized by the
  757  American Board of Medical Specialties, the American Osteopathic
  758  Association, or a similar national organization, or by a
  759  licensed hospital, health maintenance organization, prepaid
  760  health clinic, ambulatory surgical center, or nursing home.
  761  Disciplinary action includes resignation from or nonrenewal of
  762  medical staff membership or the restriction of privileges at a
  763  licensed hospital, health maintenance organization, prepaid
  764  health clinic, ambulatory surgical center, or nursing home taken
  765  in lieu of or in settlement of a pending disciplinary case
  766  related to competence or character. If the applicant indicates
  767  that the disciplinary action is under appeal and submits a copy
  768  of the document initiating an appeal of the disciplinary action,
  769  the department must state that the disciplinary action is under
  770  appeal if the disciplinary action is reported in the applicant’s
  771  profile.
  772         9. Relevant professional qualifications as defined by the
  773  applicable board.
  774         (b) In addition to the information required under paragraph
  775  (a), for each applicant seeking who seeks licensure under
  776  chapter 458, chapter 459, or chapter 461, and who has practiced
  777  previously in this state or in another jurisdiction or a foreign
  778  country, must provide the information required of licensees
  779  under those chapters pursuant to s. 456.049. An applicant for
  780  licensure under chapter 460 who has practiced previously in this
  781  state or in another jurisdiction or a foreign country must
  782  provide the same information as is required of licensees under
  783  chapter 458, pursuant to s. 456.049.
  784         (c)For each applicant seeking licensure under chapter 458
  785  or chapter 459, proof of payment of the assessment required
  786  under s. 766.314, if applicable.
  787         Section 8. Subsection (1) of section 460.406, Florida
  788  Statutes, is amended to read:
  789         460.406 Licensure by examination.—
  790         (1) Any person desiring to be licensed as a chiropractic
  791  physician must apply to the department to take the licensure
  792  examination. There shall be an application fee set by the board
  793  not to exceed $100 which shall be nonrefundable. There shall
  794  also be an examination fee not to exceed $500 plus the actual
  795  per applicant cost to the department for purchase of portions of
  796  the examination from the National Board of Chiropractic
  797  Examiners or a similar national organization, which may be
  798  refundable if the applicant is found ineligible to take the
  799  examination. The department shall examine each applicant whom
  800  who the board certifies has met all of the following criteria:
  801         (a) Completed the application form and remitted the
  802  appropriate fee.
  803         (b) Submitted proof satisfactory to the department that he
  804  or she is not less than 18 years of age.
  805         (c) Submitted proof satisfactory to the department that he
  806  or she is a graduate of a chiropractic college which is
  807  accredited by or has status with the Council on Chiropractic
  808  Education or its predecessor agency. However, any applicant who
  809  is a graduate of a chiropractic college that was initially
  810  accredited by the Council on Chiropractic Education in 1995, who
  811  graduated from such college within the 4 years immediately
  812  preceding such accreditation, and who is otherwise qualified is
  813  shall be eligible to take the examination. An No application for
  814  a license to practice chiropractic medicine may not shall be
  815  denied solely because the applicant is a graduate of a
  816  chiropractic college that subscribes to one philosophy of
  817  chiropractic medicine as distinguished from another.
  818         (d)1. For an applicant who has matriculated in a
  819  chiropractic college before prior to July 2, 1990, completed at
  820  least 2 years of residence college work, consisting of a minimum
  821  of one-half the work acceptable for a bachelor’s degree granted
  822  on the basis of a 4-year period of study, in a college or
  823  university accredited by an institutional accrediting agency
  824  recognized and approved by the United States Department of
  825  Education. However, before prior to being certified by the board
  826  to sit for the examination, each applicant who has matriculated
  827  in a chiropractic college after July 1, 1990, must shall have
  828  been granted a bachelor’s degree, based upon 4 academic years of
  829  study, by a college or university accredited by an institutional
  830  a regional accrediting agency that which is a member of the
  831  Commission on Recognition of Postsecondary Accreditation.
  832         2. Effective July 1, 2000, completed, before prior to
  833  matriculation in a chiropractic college, at least 3 years of
  834  residence college work, consisting of a minimum of 90 semester
  835  hours leading to a bachelor’s degree in a liberal arts college
  836  or university accredited by an institutional accrediting agency
  837  recognized and approved by the United States Department of
  838  Education. However, before prior to being certified by the board
  839  to sit for the examination, each applicant who has matriculated
  840  in a chiropractic college after July 1, 2000, must shall have
  841  been granted a bachelor’s degree from an institution holding
  842  accreditation for that degree from an institutional a regional
  843  accrediting agency that which is recognized by the United States
  844  Department of Education. The applicant’s chiropractic degree
  845  must consist of credits earned in the chiropractic program and
  846  may not include academic credit for courses from the bachelor’s
  847  degree.
  848         (e) Successfully completed the National Board of
  849  Chiropractic Examiners certification examination in parts I, II,
  850  III, and IV, and the physiotherapy examination of the National
  851  Board of Chiropractic Examiners, with a score approved by the
  852  board.
  853         (f) Submitted to the department a set of fingerprints on a
  854  form and under procedures specified by the department, along
  855  with payment in an amount equal to the costs incurred by the
  856  Department of Health for the criminal background check of the
  857  applicant.
  858  
  859  The board may require an applicant who graduated from an
  860  institution accredited by the Council on Chiropractic Education
  861  more than 10 years before the date of application to the board
  862  to take the National Board of Chiropractic Examiners Special
  863  Purposes Examination for Chiropractic, or its equivalent, as
  864  determined by the board. The board shall establish by rule a
  865  passing score.
  866         Section 9. Subsection (4) of section 464.008, Florida
  867  Statutes, is amended to read:
  868         464.008 Licensure by examination.—
  869         (4) If an applicant who graduates from an approved program
  870  does not take the licensure examination within 6 months after
  871  graduation, he or she must enroll in and successfully complete a
  872  board-approved licensure examination preparatory course. The
  873  applicant is responsible for all costs associated with the
  874  course and may not use state or federal financial aid for such
  875  costs. The board shall by rule establish guidelines for
  876  licensure examination preparatory courses.
  877         Section 10. Paragraph (e) of subsection (1) of section
  878  464.018, Florida Statutes, is amended to read:
  879         464.018 Disciplinary actions.—
  880         (1) The following acts constitute grounds for denial of a
  881  license or disciplinary action, as specified in ss. 456.072(2)
  882  and 464.0095:
  883         (e) Having been found guilty of, regardless of
  884  adjudication, or entered a plea of nolo contendere or guilty to,
  885  regardless of adjudication, any offense prohibited under s.
  886  435.04 or similar statute of another jurisdiction; or having
  887  committed an act which constitutes domestic violence as defined
  888  in s. 741.28.
  889         Section 11. Present subsections (13) and (14) of section
  890  467.003, Florida Statutes, are redesignated as subsections (14)
  891  and (15), respectively, a new subsection (13) is added to that
  892  section, and subsections (1) and (12) of that section are
  893  amended, to read:
  894         467.003 Definitions.—As used in this chapter, unless the
  895  context otherwise requires:
  896         (1) “Approved midwifery program” means a midwifery school
  897  or a midwifery training program which is approved by the
  898  department pursuant to s. 467.205.
  899         (12) “Preceptor” means a physician licensed under chapter
  900  458 or chapter 459, a licensed midwife licensed under this
  901  chapter, or a certified nurse midwife licensed under chapter
  902  464, who has a minimum of 3 years’ professional experience, and
  903  who directs, teaches, supervises, and evaluates the learning
  904  experiences of a the student midwife as part of an approved
  905  midwifery program.
  906         (13)“Prelicensure course” means a course of study, offered
  907  by an accredited midwifery program and approved by the
  908  department, which an applicant for licensure must complete
  909  before a license may be issued and which provides instruction in
  910  the laws and rules of this state and demonstrates the student’s
  911  competency to practice midwifery under this chapter.
  912         Section 12. Section 467.009, Florida Statutes, is amended
  913  to read:
  914         467.009 Accredited and approved midwifery programs;
  915  education and training requirements.—
  916         (1) The department shall adopt standards for accredited and
  917  approved midwifery programs which must include, but need not be
  918  limited to, standards for all of the following:
  919         (a). The standards shall encompass Clinical and classroom
  920  instruction in all aspects of prenatal, intrapartal, and
  921  postpartal care, including all of the following:
  922         1. Obstetrics.;
  923         2. Neonatal pediatrics.;
  924         3. Basic sciences.;
  925         4. Female reproductive anatomy and physiology.;
  926         5. Behavioral sciences.;
  927         6. Childbirth education.;
  928         7. Community care.;
  929         8. Epidemiology.;
  930         9. Genetics.;
  931         10. Embryology.;
  932         11. Neonatology.;
  933         12. Applied pharmacology.;
  934         13. The medical and legal aspects of midwifery.;
  935         14. Gynecology and women’s health.;
  936         15. Family planning.;
  937         16. Nutrition during pregnancy and lactation.;
  938         17. Breastfeeding.; and
  939         18. Basic nursing skills; and any other instruction
  940  determined by the department and council to be necessary.
  941         (b)The standards shall incorporate the Core competencies,
  942  incorporating those established by the American College of Nurse
  943  Midwives and the Midwives Alliance of North America, including
  944  knowledge, skills, and professional behavior in all of the
  945  following areas:
  946         1. Primary management, collaborative management, referral,
  947  and medical consultation.;
  948         2. Antepartal, intrapartal, postpartal, and neonatal care.;
  949         3. Family planning and gynecological care.;
  950         4. Common complications.; and
  951         5. Professional responsibilities.
  952         (c)Noncurricular The standards shall include noncurriculum
  953  matters under this section, including, but not limited to,
  954  staffing and teacher qualifications.
  955         (2) An accredited and approved midwifery program must offer
  956  shall include a course of study and clinical training for a
  957  minimum of 3 years which incorporates all of the standards,
  958  curriculum guidelines, and educational objectives provided in
  959  this section and the rules adopted hereunder.
  960         (3)An accredited and approved midwifery program may reduce
  961  If the applicant is a registered nurse or a licensed practical
  962  nurse or has previous nursing or midwifery education, the
  963  required period of training may be reduced to the extent of the
  964  student’s applicant’s qualifications as a registered nurse or
  965  licensed practical nurse or based on prior completion of
  966  equivalent nursing or midwifery education, as determined under
  967  rules adopted by the department rule. In no case shall the
  968  training be reduced to a period of less than 2 years.
  969         (4)(3)An accredited and approved midwifery program may
  970  accept students who To be accepted into an approved midwifery
  971  program, an applicant shall have both:
  972         (a) A high school diploma or its equivalent.
  973         (b) Taken three college-level credits each of math and
  974  English or demonstrated competencies in communication and
  975  computation.
  976         (5)(4)As part of its course of study, an accredited and
  977  approved midwifery program must require clinical training that
  978  includes all of the following:
  979         (a)A student midwife, during training, shall undertake,
  980  under the supervision of a preceptor, The care of 50 women in
  981  each of the prenatal, intrapartal, and postpartal periods under
  982  the supervision of a preceptor., but The same women need not be
  983  seen through all three periods.
  984         (b)(5)Observation of The student midwife shall observe an
  985  additional 25 women in the intrapartal period before qualifying
  986  for a license.
  987         (6) Clinical The training required under this section must
  988  include all of the following:
  989         (a)shall include Training in either hospitals or
  990  alternative birth settings, or both.
  991         (b)A requirement that students demonstrate competency in
  992  the assessment of and differentiation, with particular emphasis
  993  on learning the ability to differentiate between low-risk
  994  pregnancies and high-risk pregnancies.
  995         (7) A hospital or birthing center receiving public funds
  996  shall be required to provide student midwives access to observe
  997  labor, delivery, and postpartal procedures, provided the woman
  998  in labor has given informed consent. The Department of Health
  999  shall assist in facilitating access to hospital training for
 1000  accredited and approved midwifery programs.
 1001         (8)(7) The Department of Education shall adopt curricular
 1002  frameworks for midwifery programs offered by conducted within
 1003  public educational institutions under pursuant to this section.
 1004         (8) Nonpublic educational institutions that conduct
 1005  approved midwifery programs shall be accredited by a member of
 1006  the Commission on Recognition of Postsecondary Accreditation and
 1007  shall be licensed by the Commission for Independent Education.
 1008         Section 13. Section 467.011, Florida Statutes, is amended
 1009  to read:
 1010         467.011 Licensed midwives; qualifications; examination
 1011  Licensure by examination.—
 1012         (1) The department shall administer an examination to test
 1013  the proficiency of applicants in the core competencies required
 1014  to practice midwifery as specified in s. 467.009.
 1015         (2) The department shall develop, publish, and make
 1016  available to interested parties at a reasonable cost a
 1017  bibliography and guide for the examination.
 1018         (3) The department shall issue a license to practice
 1019  midwifery to an applicant who meets all of the following
 1020  criteria:
 1021         (1)Demonstrates that he or she has graduated from one of
 1022  the following:
 1023         (a) An accredited and approved midwifery program.
 1024         (b)A medical or midwifery program offered in another
 1025  state, jurisdiction, territory, or country whose graduation
 1026  requirements were equivalent to or exceeded those required by s.
 1027  467.009 and the rules adopted thereunder at the time of
 1028  graduation.
 1029         (2)Demonstrates that he or she has and successfully
 1030  completed a prelicensure course offered by an accredited and
 1031  approved midwifery program. Students graduating from an
 1032  accredited and approved midwifery program may meet this
 1033  requirement by showing that the content requirements for the
 1034  prelicensure course were covered as part of their course of
 1035  study.
 1036         (3)Submits an application for licensure on a form approved
 1037  by the department and pays the appropriate fee.
 1038         (4)Demonstrates that he or she has received a passing
 1039  score on an the examination specified by the department, upon
 1040  payment of the required licensure fee.
 1041         Section 14. Section 467.0125, Florida Statutes, is amended
 1042  to read:
 1043         467.0125 Licensed midwives; qualifications; Licensure by
 1044  endorsement; temporary certificates.—
 1045         (1) The department shall issue a license by endorsement to
 1046  practice midwifery to an applicant who, upon applying to the
 1047  department, demonstrates to the department that she or he meets
 1048  all of the following criteria:
 1049         (a)1. Holds a valid certificate or diploma from a foreign
 1050  institution of medicine or midwifery or from a midwifery program
 1051  offered in another state, bearing the seal of the institution or
 1052  otherwise authenticated, which renders the individual eligible
 1053  to practice midwifery in the country or state in which it was
 1054  issued, provided the requirements therefor are deemed by the
 1055  department to be substantially equivalent to, or to exceed,
 1056  those established under this chapter and rules adopted under
 1057  this chapter, and submits therewith a certified translation of
 1058  the foreign certificate or diploma; or
 1059         2. Holds an active, unencumbered a valid certificate or
 1060  license to practice midwifery in another state, jurisdiction, or
 1061  territory issued by that state, provided the licensing
 1062  requirements of that state, jurisdiction, or territory at the
 1063  time the license was issued were therefor are deemed by the
 1064  department to be substantially equivalent to, or exceeded to
 1065  exceed, those established under this chapter and the rules
 1066  adopted hereunder under this chapter.
 1067         (b) Has successfully completed a 4-month prelicensure
 1068  course conducted by an accredited and approved midwifery program
 1069  and has submitted documentation to the department of successful
 1070  completion.
 1071         (c) Submits an application for licensure on a form approved
 1072  by the department and pays the appropriate fee Has successfully
 1073  passed the licensed midwifery examination.
 1074         (2) The department may issue a temporary certificate to
 1075  practice in areas of critical need to an applicant any midwife
 1076  who is qualifying for a midwifery license licensure by
 1077  endorsement under subsection (1) who meets all of the following
 1078  criteria, with the following restrictions:
 1079         (a) Submits an application for a temporary certificate on a
 1080  form approved by the department and pays the appropriate fee,
 1081  which may not exceed $50 and is in addition to the fee required
 1082  for licensure by endorsement under subsection (1).
 1083         (b)Specifies on the application that he or she will The
 1084  Department of Health shall determine the areas of critical need,
 1085  and the midwife so certified shall practice only in one or more
 1086  of the following locations:
 1087         1.A county health department.
 1088         2.A correctional facility.
 1089         3.A United States Department of Veterans Affairs clinic.
 1090         4.A community health center funded by s. 329, s. 330, or
 1091  s. 340 of the Public Health Service Act.
 1092         5.Any other agency or institution that is approved by the
 1093  State Surgeon General and provides health care to meet the needs
 1094  of an underserved population in this state.
 1095         (c)Will practice only those specific areas, under the
 1096  supervision auspices of a physician licensed under pursuant to
 1097  chapter 458 or chapter 459, a certified nurse midwife licensed
 1098  under pursuant to part I of chapter 464, or a midwife licensed
 1099  under this chapter, who has a minimum of 3 years’ professional
 1100  experience.
 1101         (3)The department may issue a temporary certificate under
 1102  this section with the following restrictions:
 1103         (a)A requirement that a temporary certificateholder
 1104  practice only in areas of critical need. The State Surgeon
 1105  General shall determine the areas of critical need, which Such
 1106  areas shall include, but are not be limited to, health
 1107  professional shortage areas designated by the United States
 1108  Department of Health and Human Services.
 1109         (b) A requirement that if a temporary certificateholder’s
 1110  practice area ceases to be an area of critical need, within 30
 1111  days after such change the certificateholder must either:
 1112         1.Report a new practice area of critical need to the
 1113  department; or
 1114         2.Voluntarily relinquish the temporary certificate.
 1115         (4)The department shall review a temporary
 1116  certificateholder’s practice at least annually to determine
 1117  whether the certificateholder is meeting the requirements of
 1118  subsections (2) and (3) and the rules adopted thereunder. If the
 1119  department determines that a certificateholder is not meeting
 1120  these requirements, the department must revoke the temporary
 1121  certificate.
 1122         (5) A temporary certificate issued under this section is
 1123  shall be valid only as long as an area for which it is issued
 1124  remains an area of critical need, but no longer than 2 years,
 1125  and is shall not be renewable.
 1126         (c) The department may administer an abbreviated oral
 1127  examination to determine the midwife’s competency, but no
 1128  written regular examination shall be necessary.
 1129         (d) The department shall not issue a temporary certificate
 1130  to any midwife who is under investigation in another state for
 1131  an act which would constitute a violation of this chapter until
 1132  such time as the investigation is complete, at which time the
 1133  provisions of this section shall apply.
 1134         (e) The department shall review the practice under a
 1135  temporary certificate at least annually to ascertain that the
 1136  minimum requirements of the midwifery rules promulgated under
 1137  this chapter are being met. If it is determined that the minimum
 1138  requirements are not being met, the department shall immediately
 1139  revoke the temporary certificate.
 1140         (f) The fee for a temporary certificate shall not exceed
 1141  $50 and shall be in addition to the fee required for licensure.
 1142         Section 15. Section 467.205, Florida Statutes, is amended
 1143  to read:
 1144         467.205 Approval of midwifery programs.—
 1145         (1) The department must approve an accredited or state
 1146  licensed public or private institution seeking to provide
 1147  midwifery education and training as an approved midwifery
 1148  program in this state if the institution meets all of the
 1149  following criteria:
 1150         (a)Submits an application for approval on a form approved
 1151  by the department.
 1152         (b)Demonstrates to the department’s satisfaction that the
 1153  proposed midwifery program complies with s. 467.009 and the
 1154  rules adopted thereunder.
 1155         (c)For a private institution, demonstrates its
 1156  accreditation by a member of the Council for Higher Education
 1157  Accreditation or an accrediting agency approved by the United
 1158  States Department of Education as an institutional accrediting
 1159  agency for direct-entry midwifery education programs and its
 1160  licensing or provisional licensing by the Commission for
 1161  Independent Education An organization desiring to conduct an
 1162  approved program for the education of midwives shall apply to
 1163  the department and submit such evidence as may be required to
 1164  show that it complies with s. 467.009 and with the rules of the
 1165  department. Any accredited or state-licensed institution of
 1166  higher learning, public or private, may provide midwifery
 1167  education and training.
 1168         (2) The department shall adopt rules regarding educational
 1169  objectives, faculty qualifications, curriculum guidelines,
 1170  administrative procedures, and other training requirements as
 1171  are necessary to ensure that approved programs graduate midwives
 1172  competent to practice under this chapter.
 1173         (3) The department shall survey each organization applying
 1174  for approval. If the department is satisfied that the program
 1175  meets the requirements of s. 467.009 and rules adopted pursuant
 1176  to that section, it shall approve the program.
 1177         (2)(4) The department shall, at least once every 3 years,
 1178  certify whether each approved midwifery program is currently
 1179  compliant, and has maintained compliance, complies with the
 1180  requirements of standards developed under s. 467.009 and the
 1181  rules adopted thereunder.
 1182         (3)(5) If the department finds that an approved midwifery
 1183  program is not in compliance with the requirements of s. 467.009
 1184  or the rules adopted thereunder, or has lost its accreditation
 1185  status, the department must provide its finding to the program
 1186  in writing and no longer meets the required standards, it may
 1187  place the program on probationary status for a specified period
 1188  of time, which may not exceed 3 years until such time as the
 1189  standards are restored.
 1190         (4) If a program on probationary status does not come into
 1191  compliance with the requirements of s. 467.009 or the rules
 1192  adopted thereunder, or regain its accreditation status, as
 1193  applicable, within the period specified by the department fails
 1194  to correct these conditions within a specified period of time,
 1195  the department may rescind the program’s approval.
 1196         (5)A Any program that has having its approval rescinded
 1197  has shall have the right to reapply for approval.
 1198         (6) The department may grant provisional approval of a new
 1199  program seeking accreditation status, for a period not to exceed
 1200  5 years, provided that all other requirements of this section
 1201  are met.
 1202         (7)The department may rescind provisional approval of a
 1203  program that fails to meet the requirements of s. 467.009, this
 1204  section, or the rules adopted thereunder, in accordance with
 1205  procedures provided in subsections (3) and (4) may be granted
 1206  pending the licensure results of the first graduating class.
 1207         Section 16. Subsections (2), (3), and (4) and paragraphs
 1208  (a) and (b) of subsection (5) of section 468.803, Florida
 1209  Statutes, are amended to read:
 1210         468.803 License, registration, and examination
 1211  requirements.—
 1212         (2) An applicant for registration, examination, or
 1213  licensure must apply to the department on a form prescribed by
 1214  the board for consideration of board approval. Each initial
 1215  applicant shall submit a set of fingerprints to the department
 1216  in accordance with on a form and under procedures specified by
 1217  the department, along with payment in an amount equal to the
 1218  costs incurred by the department for state and national criminal
 1219  history checks of the applicant. The department shall submit the
 1220  fingerprints provided by an applicant to the Department of Law
 1221  Enforcement for a statewide criminal history check, and the
 1222  Department of Law Enforcement shall forward the fingerprints to
 1223  the Federal Bureau of Investigation for a national criminal
 1224  history check of the applicant. The board shall screen the
 1225  results to determine if an applicant meets licensure
 1226  requirements. The board shall consider for examination,
 1227  registration, or licensure each applicant whom who the board
 1228  verifies:
 1229         (a) Has submitted the completed application and completed
 1230  the fingerprinting requirements fingerprint forms and has paid
 1231  the applicable application fee, not to exceed $500, and the cost
 1232  of the state and national criminal history checks. The
 1233  application fee is and cost of the criminal history checks shall
 1234  be nonrefundable;
 1235         (b) Is of good moral character;
 1236         (c) Is 18 years of age or older; and
 1237         (d) Has completed the appropriate educational preparation.
 1238         (3) A person seeking to attain the orthotics or prosthetics
 1239  experience required for licensure in this state must be approved
 1240  by the board and registered as a resident by the department.
 1241  Although a registration may be held in both disciplines, for
 1242  independent registrations the board may not approve a second
 1243  registration until at least 1 year after the issuance of the
 1244  first registration. Notwithstanding subsection (2), a person who
 1245  has been approved by the board and registered by the department
 1246  in one discipline may apply for registration in the second
 1247  discipline without an additional state or national criminal
 1248  history check during the period in which the first registration
 1249  is valid. Each independent registration or dual registration is
 1250  valid for 2 years after the date of issuance unless otherwise
 1251  revoked by the department upon recommendation of the board. The
 1252  board shall set a registration fee not to exceed $500 to be paid
 1253  by the applicant. A registration may be renewed once by the
 1254  department upon recommendation of the board for a period no
 1255  longer than 1 year, as such renewal is defined by the board by
 1256  rule. The renewal fee may not exceed one-half the current
 1257  registration fee. To be considered by the board for approval of
 1258  registration as a resident, the applicant must have one of the
 1259  following:
 1260         (a) A Bachelor of Science or higher-level postgraduate
 1261  degree in orthotics and prosthetics from an institutionally a
 1262  regionally accredited college or university recognized by the
 1263  Commission on Accreditation of Allied Health Education Programs.
 1264         (b) A minimum of a bachelor’s degree from an
 1265  institutionally a regionally accredited college or university
 1266  and a certificate in orthotics or prosthetics from a program
 1267  recognized by the Commission on Accreditation of Allied Health
 1268  Education Programs, or its equivalent, as determined by the
 1269  board.
 1270         (c) A minimum of a bachelor’s degree from an
 1271  institutionally a regionally accredited college or university
 1272  and a dual certificate in both orthotics and prosthetics from
 1273  programs recognized by the Commission on Accreditation of Allied
 1274  Health Education Programs, or its equivalent, as determined by
 1275  the board.
 1276         (4) The department may develop and administer a state
 1277  examination for an orthotist or a prosthetist license, or the
 1278  board may approve the existing examination of a national
 1279  standards organization. The examination must be predicated on a
 1280  minimum of a baccalaureate-level education and formalized
 1281  specialized training in the appropriate field. Each examination
 1282  must demonstrate a minimum level of competence in basic
 1283  scientific knowledge, written problem solving, and practical
 1284  clinical patient management. The board shall require an
 1285  examination fee not to exceed the actual cost to the board in
 1286  developing, administering, and approving the examination, which
 1287  fee must be paid by the applicant. To be considered by the board
 1288  for examination, the applicant must have:
 1289         (a) For an examination in orthotics:
 1290         1. A Bachelor of Science or higher-level postgraduate
 1291  degree in orthotics and prosthetics from an institutionally a
 1292  regionally accredited college or university recognized by the
 1293  Commission on Accreditation of Allied Health Education Programs
 1294  or, at a minimum, a bachelor’s degree from an institutionally a
 1295  regionally accredited college or university and a certificate in
 1296  orthotics from a program recognized by the Commission on
 1297  Accreditation of Allied Health Education Programs, or its
 1298  equivalent, as determined by the board; and
 1299         2. An approved orthotics internship of 1 year of qualified
 1300  experience, as determined by the board, or an orthotic residency
 1301  or dual residency program recognized by the board.
 1302         (b) For an examination in prosthetics:
 1303         1. A Bachelor of Science or higher-level postgraduate
 1304  degree in orthotics and prosthetics from an institutionally a
 1305  regionally accredited college or university recognized by the
 1306  Commission on Accreditation of Allied Health Education Programs
 1307  or, at a minimum, a bachelor’s degree from an institutionally a
 1308  regionally accredited college or university and a certificate in
 1309  prosthetics from a program recognized by the Commission on
 1310  Accreditation of Allied Health Education Programs, or its
 1311  equivalent, as determined by the board; and
 1312         2. An approved prosthetics internship of 1 year of
 1313  qualified experience, as determined by the board, or a
 1314  prosthetic residency or dual residency program recognized by the
 1315  board.
 1316         (5) In addition to the requirements in subsection (2), to
 1317  be licensed as:
 1318         (a) An orthotist, the applicant must pay a license fee not
 1319  to exceed $500 and must have:
 1320         1. A Bachelor of Science or higher-level postgraduate
 1321  degree in orthotics and prosthetics from an institutionally a
 1322  regionally accredited college or university recognized by the
 1323  Commission on Accreditation of Allied Health Education Programs,
 1324  or a bachelor’s degree from an institutionally accredited
 1325  college or university and with a certificate in orthotics from a
 1326  program recognized by the Commission on Accreditation of Allied
 1327  Health Education Programs, or its equivalent, as determined by
 1328  the board;
 1329         2. An approved appropriate internship of 1 year of
 1330  qualified experience, as determined by the board, or a residency
 1331  program recognized by the board;
 1332         3. Completed the mandatory courses; and
 1333         4. Passed the state orthotics examination or the board
 1334  approved orthotics examination.
 1335         (b) A prosthetist, the applicant must pay a license fee not
 1336  to exceed $500 and must have:
 1337         1. A Bachelor of Science or higher-level postgraduate
 1338  degree in orthotics and prosthetics from an institutionally a
 1339  regionally accredited college or university recognized by the
 1340  Commission on Accreditation of Allied Health Education Programs,
 1341  or a bachelor’s degree from an institutionally accredited
 1342  college or university and with a certificate in prosthetics from
 1343  a program recognized by the Commission on Accreditation of
 1344  Allied Health Education Programs, or its equivalent, as
 1345  determined by the board;
 1346         2. An internship of 1 year of qualified experience, as
 1347  determined by the board, or a residency program recognized by
 1348  the board;
 1349         3. Completed the mandatory courses; and
 1350         4. Passed the state prosthetics examination or the board
 1351  approved prosthetics examination.
 1352         Section 17. Section 483.824, Florida Statutes, is amended
 1353  to read:
 1354         483.824 Qualifications of clinical laboratory director.—A
 1355  clinical laboratory director must have 4 years of clinical
 1356  laboratory experience with 2 years of experience in the
 1357  specialty to be directed or be nationally board certified in the
 1358  specialty to be directed, and must meet one of the following
 1359  requirements:
 1360         (1) Be a physician licensed under chapter 458 or chapter
 1361  459;
 1362         (2) Hold an earned doctoral degree in a chemical, physical,
 1363  or biological science from an institutionally a regionally
 1364  accredited institution and maintain national certification
 1365  requirements equal to those required by the federal Health Care
 1366  Financing Administration; or
 1367         (3) For the subspecialty of oral pathology, be a physician
 1368  licensed under chapter 458 or chapter 459 or a dentist licensed
 1369  under chapter 466.
 1370         Section 18. Subsection (3) of section 490.003, Florida
 1371  Statutes, is amended to read:
 1372         490.003 Definitions.—As used in this chapter:
 1373         (3)(a)“Doctoral degree from an American Psychological
 1374  Association accredited program” means Effective July 1, 1999,
 1375  “doctoral-level psychological education” and “doctoral degree in
 1376  psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
 1377  psychology from a psychology program at an educational
 1378  institution that, at the time the applicant was enrolled and
 1379  graduated:
 1380         1.(a) Had institutional accreditation from an agency
 1381  recognized and approved by the United States Department of
 1382  Education or was recognized as a member in good standing with
 1383  Universities Canada the Association of Universities and Colleges
 1384  of Canada; and
 1385         2.(b) Had programmatic accreditation from the American
 1386  Psychological Association.
 1387         (b)“Doctoral degree in psychology” means a Psy.D., an
 1388  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
 1389  program at an educational institution that, at the time the
 1390  applicant was enrolled and graduated, had institutional
 1391  accreditation from an agency recognized and approved by the
 1392  United States Department of Education or was recognized as a
 1393  member in good standing with Universities Canada.
 1394         Section 19. Subsection (1) of section 490.005, Florida
 1395  Statutes, is amended to read:
 1396         490.005 Licensure by examination.—
 1397         (1) Any person desiring to be licensed as a psychologist
 1398  shall apply to the department to take the licensure examination.
 1399  The department shall license each applicant whom who the board
 1400  certifies has met all of the following requirements:
 1401         (a) Completed the application form and remitted a
 1402  nonrefundable application fee not to exceed $500 and an
 1403  examination fee set by the board sufficient to cover the actual
 1404  per applicant cost to the department for development, purchase,
 1405  and administration of the examination, but not to exceed $500.
 1406         (b) Submitted proof satisfactory to the board that the
 1407  applicant has received:
 1408         1. A doctoral degree from an American Psychological
 1409  Association accredited program Doctoral-level psychological
 1410  education; or
 1411         2. The equivalent of a doctoral degree from an American
 1412  Psychological Association accredited program doctoral-level
 1413  psychological education, as defined in s. 490.003(3), from a
 1414  program at a school or university located outside the United
 1415  States of America which was officially recognized by the
 1416  government of the country in which it is located as an
 1417  institution or program to train students to practice
 1418  professional psychology. The applicant has the burden of
 1419  establishing that this requirement has been met.
 1420         (c) Had at least 2 years or 4,000 hours of experience in
 1421  the field of psychology in association with or under the
 1422  supervision of a licensed psychologist meeting the academic and
 1423  experience requirements of this chapter or the equivalent as
 1424  determined by the board. The experience requirement may be met
 1425  by work performed on or off the premises of the supervising
 1426  psychologist if the off-premises work is not the independent,
 1427  private practice rendering of psychological services that does
 1428  not have a psychologist as a member of the group actually
 1429  rendering psychological services on the premises.
 1430         (d) Passed the examination. However, an applicant who has
 1431  obtained a passing score, as established by the board by rule,
 1432  on the psychology licensure examination designated by the board
 1433  as the national licensure examination need only pass the Florida
 1434  law and rules portion of the examination.
 1435         Section 20. Subsection (1) of section 490.0051, Florida
 1436  Statutes, is amended to read:
 1437         490.0051 Provisional licensure; requirements.—
 1438         (1) The department shall issue a provisional psychology
 1439  license to each applicant whom who the board certifies has met
 1440  all of the following criteria:
 1441         (a) Completed the application form and remitted a
 1442  nonrefundable application fee not to exceed $250, as set by
 1443  board rule.
 1444         (b) Earned a doctoral degree from an American Psychological
 1445  Association accredited program in psychology as defined in s.
 1446  490.003(3).
 1447         (c) Met any additional requirements established by board
 1448  rule.
 1449         Section 21. Effective upon this act becoming a law,
 1450  subsections (1), (3), and (4) of section 491.005, Florida
 1451  Statutes, are amended to read:
 1452         491.005 Licensure by examination.—
 1453         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1454  documentation and payment of a fee not to exceed $200, as set by
 1455  board rule, plus the actual per applicant cost to the department
 1456  for purchase of the examination from the American Association of
 1457  State Social Worker’s Boards or a similar national organization,
 1458  the department shall issue a license as a clinical social worker
 1459  to an applicant whom who the board certifies has met all of the
 1460  following criteria:
 1461         (a) Has Submitted an application and paid the appropriate
 1462  fee.
 1463         (b)1. Has Received a doctoral degree in social work from a
 1464  graduate school of social work which at the time the applicant
 1465  graduated was accredited by an accrediting agency recognized by
 1466  the United States Department of Education or has received a
 1467  master’s degree in social work from a graduate school of social
 1468  work which at the time the applicant graduated:
 1469         a. Was accredited by the Council on Social Work Education;
 1470         b. Was accredited by the Canadian Association for of
 1471  Schools of Social Work Education; or
 1472         c. Has been determined to have been a program equivalent to
 1473  programs approved by the Council on Social Work Education by the
 1474  Foreign Equivalency Determination Service of the Council on
 1475  Social Work Education. An applicant who graduated from a program
 1476  at a university or college outside of the United States or
 1477  Canada must present documentation of the equivalency
 1478  determination from the council in order to qualify.
 1479         2. The applicant’s graduate program must have emphasized
 1480  direct clinical patient or client health care services,
 1481  including, but not limited to, coursework in clinical social
 1482  work, psychiatric social work, medical social work, social
 1483  casework, psychotherapy, or group therapy. The applicant’s
 1484  graduate program must have included all of the following
 1485  coursework:
 1486         a. A supervised field placement which was part of the
 1487  applicant’s advanced concentration in direct practice, during
 1488  which the applicant provided clinical services directly to
 1489  clients.
 1490         b. Completion of 24 semester hours or 32 quarter hours in
 1491  theory of human behavior and practice methods as courses in
 1492  clinically oriented services, including a minimum of one course
 1493  in psychopathology, and no more than one course in research,
 1494  taken in a school of social work accredited or approved pursuant
 1495  to subparagraph 1.
 1496         3. If the course title which appears on the applicant’s
 1497  transcript does not clearly identify the content of the
 1498  coursework, the applicant provided shall be required to provide
 1499  additional documentation, including, but not limited to, a
 1500  syllabus or catalog description published for the course.
 1501         (c) Completed Has had at least 2 years of clinical social
 1502  work experience, which took place subsequent to completion of a
 1503  graduate degree in social work at an institution meeting the
 1504  accreditation requirements of this section, under the
 1505  supervision of a licensed clinical social worker or the
 1506  equivalent who is a qualified supervisor as determined by the
 1507  board. An individual who intends to practice in Florida to
 1508  satisfy clinical experience requirements must register pursuant
 1509  to s. 491.0045 before commencing practice. If the applicant’s
 1510  graduate program was not a program which emphasized direct
 1511  clinical patient or client health care services as described in
 1512  subparagraph (b)2., the supervised experience requirement must
 1513  take place after the applicant has completed a minimum of 15
 1514  semester hours or 22 quarter hours of the coursework required. A
 1515  doctoral internship may be applied toward the clinical social
 1516  work experience requirement. A licensed mental health
 1517  professional must be on the premises when clinical services are
 1518  provided by a registered intern in a private practice setting.
 1519         (d) Has Passed a theory and practice examination designated
 1520  by board rule provided by the department for this purpose.
 1521         (e) Has Demonstrated, in a manner designated by board rule
 1522  of the board, knowledge of the laws and rules governing the
 1523  practice of clinical social work, marriage and family therapy,
 1524  and mental health counseling.
 1525         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1526  documentation and payment of a fee not to exceed $200, as set by
 1527  board rule, plus the actual cost of the purchase of the
 1528  examination from the Association of Marital and Family Therapy
 1529  Regulatory Board, or similar national organization, the
 1530  department shall issue a license as a marriage and family
 1531  therapist to an applicant whom who the board certifies has met
 1532  all of the following criteria:
 1533         (a) Has Submitted an application and paid the appropriate
 1534  fee.
 1535         (b)1.Attained one of the following:
 1536         a.A minimum of a master’s degree in marriage and family
 1537  therapy from a program accredited by the Commission on
 1538  Accreditation for Marriage and Family Therapy Education.
 1539         b.A minimum of a master’s degree with a major emphasis in
 1540  marriage and family therapy or a closely related field from a
 1541  university program accredited by the Council on Accreditation of
 1542  Counseling and Related Educational Programs and graduate courses
 1543  approved by the board.
 1544         c.Has A minimum of a master’s degree with an major
 1545  emphasis in marriage and family therapy or a closely related
 1546  field, with a degree conferred before September 1, 2027, from an
 1547  institutionally accredited college or university from a program
 1548  accredited by the Commission on Accreditation for Marriage and
 1549  Family Therapy Education or from a Florida university program
 1550  accredited by the Council for Accreditation of Counseling and
 1551  Related Educational Programs and graduate courses approved by
 1552  the board of Clinical Social Work, Marriage and Family Therapy,
 1553  and Mental Health Counseling.
 1554         2. If the course title that appears on the applicant’s
 1555  transcript does not clearly identify the content of the
 1556  coursework, the applicant provided shall provide additional
 1557  documentation, including, but not limited to, a syllabus or
 1558  catalog description published for the course. The required
 1559  master’s degree must have been received in an institution of
 1560  higher education that, at the time the applicant graduated, was
 1561  fully accredited by an institutional a regional accrediting body
 1562  recognized by the Council for Higher Education Accreditation or
 1563  its successor organization Commission on Recognition of
 1564  Postsecondary Accreditation or was publicly recognized as a
 1565  member in good standing with Universities Canada the Association
 1566  of Universities and Colleges of Canada, or an institution of
 1567  higher education located outside the United States and Canada
 1568  which, at the time the applicant was enrolled and at the time
 1569  the applicant graduated, maintained a standard of training
 1570  substantially equivalent to the standards of training of those
 1571  institutions in the United States which are accredited by an
 1572  institutional a regional accrediting body recognized by the
 1573  Council for Higher Education Accreditation or its successor
 1574  organization Commission on Recognition of Postsecondary
 1575  Accreditation. Such foreign education and training must have
 1576  been received in an institution or program of higher education
 1577  officially recognized by the government of the country in which
 1578  it is located as an institution or program to train students to
 1579  practice as professional marriage and family therapists or
 1580  psychotherapists. The applicant has the burden of establishing
 1581  that the requirements of this provision have been met, and the
 1582  board shall require documentation, such as an evaluation by a
 1583  foreign equivalency determination service, as evidence that the
 1584  applicant’s graduate degree program and education were
 1585  equivalent to an accredited program in this country. An
 1586  applicant with a master’s degree from a program that did not
 1587  emphasize marriage and family therapy may complete the
 1588  coursework requirement in a training institution fully
 1589  accredited by the Commission on Accreditation for Marriage and
 1590  Family Therapy Education recognized by the United States
 1591  Department of Education.
 1592         (c) Completed Has had at least 2 years of clinical
 1593  experience during which 50 percent of the applicant’s clients
 1594  were receiving marriage and family therapy services, which must
 1595  be at the post-master’s level under the supervision of a
 1596  licensed marriage and family therapist with at least 5 years of
 1597  experience, or the equivalent, who is a qualified supervisor as
 1598  determined by the board. An individual who intends to practice
 1599  in Florida to satisfy the clinical experience requirements must
 1600  register pursuant to s. 491.0045 before commencing practice. If
 1601  a graduate has a master’s degree with a major emphasis in
 1602  marriage and family therapy or a closely related field which did
 1603  not include all of the coursework required by paragraph (b),
 1604  credit for the post-master’s level clinical experience may not
 1605  commence until the applicant has completed a minimum of 10 of
 1606  the courses required by paragraph (b), as determined by the
 1607  board, and at least 6 semester hours or 9 quarter hours of the
 1608  course credits must have been completed in the area of marriage
 1609  and family systems, theories, or techniques. Within the 2 years
 1610  of required experience, the applicant shall provide direct
 1611  individual, group, or family therapy and counseling to cases
 1612  including those involving unmarried dyads, married couples,
 1613  separating and divorcing couples, and family groups that include
 1614  children. A doctoral internship may be applied toward the
 1615  clinical experience requirement. A licensed mental health
 1616  professional must be on the premises when clinical services are
 1617  provided by a registered intern in a private practice setting.
 1618         (d) Has Passed a theory and practice examination designated
 1619  by board rule provided by the department.
 1620         (e) Has Demonstrated, in a manner designated by board rule,
 1621  knowledge of the laws and rules governing the practice of
 1622  clinical social work, marriage and family therapy, and mental
 1623  health counseling.
 1624  
 1625  For the purposes of dual licensure, the department shall license
 1626  as a marriage and family therapist any person who meets the
 1627  requirements of s. 491.0057. Fees for dual licensure may not
 1628  exceed those stated in this subsection.
 1629         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1630  documentation and payment of a fee not to exceed $200, as set by
 1631  board rule, plus the actual per applicant cost of purchase of
 1632  the examination from the National Board for Certified Counselors
 1633  or its successor organization, the department shall issue a
 1634  license as a mental health counselor to an applicant whom who
 1635  the board certifies has met all of the following criteria:
 1636         (a) Has Submitted an application and paid the appropriate
 1637  fee.
 1638         (b)1. Attained Has a minimum of an earned master’s degree
 1639  from a mental health counseling program accredited by the
 1640  Council for the Accreditation of Counseling and Related
 1641  Educational Programs which consists of at least 60 semester
 1642  hours or 80 quarter hours of clinical and didactic instruction,
 1643  including a course in human sexuality and a course in substance
 1644  abuse. If the master’s degree is earned from a program related
 1645  to the practice of mental health counseling which is not
 1646  accredited by the Council for the Accreditation of Counseling
 1647  and Related Educational Programs, then the coursework and
 1648  practicum, internship, or fieldwork must consist of at least 60
 1649  semester hours or 80 quarter hours and meet all of the following
 1650  requirements:
 1651         a. Thirty-three semester hours or 44 quarter hours of
 1652  graduate coursework, which must include a minimum of 3 semester
 1653  hours or 4 quarter hours of graduate-level coursework in each of
 1654  the following 11 content areas: counseling theories and
 1655  practice; human growth and development; diagnosis and treatment
 1656  of psychopathology; human sexuality; group theories and
 1657  practice; individual evaluation and assessment; career and
 1658  lifestyle assessment; research and program evaluation; social
 1659  and cultural foundations; substance abuse; and legal, ethical,
 1660  and professional standards issues in the practice of mental
 1661  health counseling. Courses in research, thesis or dissertation
 1662  work, practicums, internships, or fieldwork may not be applied
 1663  toward this requirement.
 1664         b. A minimum of 3 semester hours or 4 quarter hours of
 1665  graduate-level coursework addressing diagnostic processes,
 1666  including differential diagnosis and the use of the current
 1667  diagnostic tools, such as the current edition of the American
 1668  Psychiatric Association’s Diagnostic and Statistical Manual of
 1669  Mental Disorders. The graduate program must have emphasized the
 1670  common core curricular experience.
 1671         c. The equivalent, as determined by the board, of at least
 1672  700 hours of university-sponsored supervised clinical practicum,
 1673  internship, or field experience that includes at least 280 hours
 1674  of direct client services, as required in the accrediting
 1675  standards of the Council for Accreditation of Counseling and
 1676  Related Educational Programs for mental health counseling
 1677  programs. This experience may not be used to satisfy the post
 1678  master’s clinical experience requirement.
 1679         2. Has Provided additional documentation if a course title
 1680  that appears on the applicant’s transcript does not clearly
 1681  identify the content of the coursework. The documentation must
 1682  include, but is not limited to, a syllabus or catalog
 1683  description published for the course.
 1684  
 1685  Education and training in mental health counseling must have
 1686  been received in an institution of higher education that, at the
 1687  time the applicant graduated, was fully accredited by an
 1688  institutional a regional accrediting body recognized by the
 1689  Council for Higher Education Accreditation or its successor
 1690  organization or was publicly recognized as a member in good
 1691  standing with Universities Canada the Association of
 1692  Universities and Colleges of Canada, or an institution of higher
 1693  education located outside the United States and Canada which, at
 1694  the time the applicant was enrolled and at the time the
 1695  applicant graduated, maintained a standard of training
 1696  substantially equivalent to the standards of training of those
 1697  institutions in the United States which are accredited by an
 1698  institutional a regional accrediting body recognized by the
 1699  Council for Higher Education Accreditation or its successor
 1700  organization. Such foreign education and training must have been
 1701  received in an institution or program of higher education
 1702  officially recognized by the government of the country in which
 1703  it is located as an institution or program to train students to
 1704  practice as mental health counselors. The applicant has the
 1705  burden of establishing that the requirements of this provision
 1706  have been met, and the board shall require documentation, such
 1707  as an evaluation by a foreign equivalency determination service,
 1708  as evidence that the applicant’s graduate degree program and
 1709  education were equivalent to an accredited program in this
 1710  country. Beginning July 1, 2025, an applicant must have a
 1711  master’s degree from a program that is accredited by the Council
 1712  for Accreditation of Counseling and Related Educational
 1713  Programs, the Masters in Psychology and Counseling Accreditation
 1714  Council, or an equivalent accrediting body which consists of at
 1715  least 60 semester hours or 80 quarter hours to apply for
 1716  licensure under this paragraph.
 1717         (c) Completed Has had at least 2 years of clinical
 1718  experience in mental health counseling, which must be at the
 1719  post-master’s level under the supervision of a licensed mental
 1720  health counselor or the equivalent who is a qualified supervisor
 1721  as determined by the board. An individual who intends to
 1722  practice in Florida to satisfy the clinical experience
 1723  requirements must register pursuant to s. 491.0045 before
 1724  commencing practice. If a graduate has a master’s degree with a
 1725  major related to the practice of mental health counseling which
 1726  did not include all the coursework required under sub
 1727  subparagraphs (b)1.a. and b., credit for the post-master’s level
 1728  clinical experience may not commence until the applicant has
 1729  completed a minimum of seven of the courses required under sub
 1730  subparagraphs (b)1.a. and b., as determined by the board, one of
 1731  which must be a course in psychopathology or abnormal
 1732  psychology. A doctoral internship may be applied toward the
 1733  clinical experience requirement. A licensed mental health
 1734  professional must be on the premises when clinical services are
 1735  provided by a registered intern in a private practice setting.
 1736         (d) Has Passed a theory and practice examination designated
 1737  by board rule provided by the department for this purpose.
 1738         (e) Has Demonstrated, in a manner designated by board rule,
 1739  knowledge of the laws and rules governing the practice of
 1740  clinical social work, marriage and family therapy, and mental
 1741  health counseling.
 1742         Section 22. Effective upon this act becoming a law,
 1743  paragraph (d) of subsection (1) of section 766.31, Florida
 1744  Statutes, is amended to read:
 1745         766.31 Administrative law judge awards for birth-related
 1746  neurological injuries; notice of award.—
 1747         (1) Upon determining that an infant has sustained a birth
 1748  related neurological injury and that obstetrical services were
 1749  delivered by a participating physician at the birth, the
 1750  administrative law judge shall make an award providing
 1751  compensation for the following items relative to such injury:
 1752         (d)1.a. Periodic payments of an award to the parents or
 1753  legal guardians of the infant found to have sustained a birth
 1754  related neurological injury, which award may not exceed
 1755  $100,000. However, at the discretion of the administrative law
 1756  judge, such award may be made in a lump sum. Beginning on
 1757  January 1, 2021, the award may not exceed $250,000, and each
 1758  January 1 thereafter, the maximum award authorized under this
 1759  paragraph shall increase by 3 percent.
 1760         b. Parents or legal guardians who received an award
 1761  pursuant to this section before January 1, 2021, and whose child
 1762  currently receives benefits under the plan must receive a
 1763  retroactive payment in an amount sufficient to bring the total
 1764  award paid to the parents or legal guardians pursuant to sub
 1765  subparagraph a. to $250,000. This additional payment may be made
 1766  in a lump sum or in periodic payments as designated by the
 1767  parents or legal guardians and must be paid by July 1, 2021.
 1768         2.a. Death benefit for the infant in an amount of $50,000.
 1769         b. Parents or legal guardians who received an award
 1770  pursuant to this section, and whose child died since the
 1771  inception of the program, must receive a retroactive payment in
 1772  an amount sufficient to bring the total award paid to the
 1773  parents or legal guardians pursuant to sub-subparagraph a. to
 1774  $50,000. This additional payment may be made in a lump sum or in
 1775  periodic payments as designated by the parents or legal
 1776  guardians and must be paid by July 1, 2021.
 1777  
 1778  Should there be a final determination of compensability, and the
 1779  claimants accept an award under this section, the claimants are
 1780  shall not be liable for any expenses, including attorney
 1781  attorney’s fees, incurred in connection with the filing of a
 1782  claim under ss. 766.301-766.316 other than those expenses
 1783  awarded under this section.
 1784         Section 23. The amendment made to s. 766.31(1)(d)1.b.,
 1785  Florida Statutes, by this act applies retroactively. The Florida
 1786  Birth-Related Neurological Injury Compensation Plan must provide
 1787  the additional payment required under s. 766.31(1)(d)1.b.,
 1788  Florida Statutes, to parents and legal guardians who are
 1789  eligible for the additional payment under that sub-subparagraph
 1790  as a result of the amendment made by this act. The additional
 1791  payment may be made in a lump sum or in periodic payments as
 1792  designated by the parents or legal guardians and must be paid by
 1793  July 1, 2022. This section shall take effect upon this act
 1794  becoming a law.
 1795         Section 24. Subsection (6) and paragraph (c) of subsection
 1796  (9) of section 766.314, Florida Statutes, are amended to read:
 1797         766.314 Assessments; plan of operation.—
 1798         (6)(a) The association shall make all assessments required
 1799  by this section, except initial assessments of physicians
 1800  licensed on or after October 1, 1988, which assessments will be
 1801  made by the Department of Health Business and Professional
 1802  Regulation, and except assessments of casualty insurers pursuant
 1803  to subparagraph (5)(c)1., which assessments will be made by the
 1804  Office of Insurance Regulation. Beginning October 1, 1989, for
 1805  any physician licensed between October 1 and December 31 of any
 1806  year, the Department of Business and Professional Regulation
 1807  shall make the initial assessment plus the assessment for the
 1808  following calendar year. The Department of Health Business and
 1809  Professional Regulation shall provide the association, in an
 1810  electronic format, with a monthly report such frequency as
 1811  determined to be necessary, a listing, in a computer-readable
 1812  form, of the names and license numbers addresses of all
 1813  physicians licensed under chapter 458 or chapter 459.
 1814         (b)1. The association may enforce collection of assessments
 1815  required to be paid pursuant to ss. 766.301-766.316 by suit
 1816  filed in county court, or in circuit court if the amount due
 1817  could exceed the jurisdictional limits of county court. The
 1818  association is shall be entitled to an award of attorney
 1819  attorney’s fees, costs, and interest upon the entry of a
 1820  judgment against a physician for failure to pay such assessment,
 1821  with such interest accruing until paid. Notwithstanding the
 1822  provisions of chapters 47 and 48, the association may file such
 1823  suit in either Leon County or the county of the residence of the
 1824  defendant. The association shall notify the Department of Health
 1825  and the applicable board of any unpaid final judgment against a
 1826  physician within 7 days after the entry of final judgment.
 1827         2. The Department of Health Business and Professional
 1828  Regulation, upon notification by the association that an
 1829  assessment has not been paid and that there is an unsatisfied
 1830  judgment against a physician, shall refuse to not renew any
 1831  license issued to practice for such physician under issued
 1832  pursuant to chapter 458 or chapter 459 until the association
 1833  notifies the Department of Health that such time as the judgment
 1834  is satisfied in full.
 1835         (c) The Agency for Health Care Administration shall, upon
 1836  notification by the association that an assessment has not been
 1837  timely paid, enforce collection of such assessments required to
 1838  be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
 1839  a hospital to pay such assessment is grounds for disciplinary
 1840  action pursuant to s. 395.1065 notwithstanding any provision of
 1841  law to the contrary.
 1842         (9)
 1843         (c) If In the event the total of all current estimates
 1844  equals 80 percent of the funds on hand and the funds that will
 1845  become available to the association within the next 12 months
 1846  from all sources described in subsections (4) and (5) and
 1847  paragraph (7)(a), the association may shall not accept any new
 1848  claims without express authority from the Legislature. Nothing
 1849  in this section precludes herein shall preclude the association
 1850  from accepting any claim if the injury occurred 18 months or
 1851  more before prior to the effective date of this suspension.
 1852  Within 30 days after of the effective date of this suspension,
 1853  the association shall notify the Governor, the Speaker of the
 1854  House of Representatives, the President of the Senate, the
 1855  Office of Insurance Regulation, the Agency for Health Care
 1856  Administration, and the Department of Health, and the Department
 1857  of Business and Professional Regulation of this suspension.
 1858         Section 25. Except as otherwise expressly provided in this
 1859  act and except for this section, which shall take effect upon
 1860  this act becoming a law, this act shall take effect July 1,
 1861  2022.