Florida Senate - 2023 CS for SB 1506
By the Committee on Health Policy; and Senator Rodriguez
588-03133-23 20231506c1
1 A bill to be entitled
2 An act relating to the Department of Health; creating
3 s. 381.875, F.S.; defining terms; prohibiting certain
4 research in this state relating to enhanced potential
5 pandemic pathogens; requiring researchers applying for
6 state or local funding to disclose certain
7 information; requiring the Department of Health to
8 enjoin violations of specified provisions; providing
9 construction; amending s. 381.986, F.S.; defining the
10 term “attractive to children”; prohibiting medical
11 marijuana treatment centers from producing marijuana
12 products that are attractive to children or
13 manufactured in specified manners; prohibiting
14 marijuana packaging and labeling from including
15 specified wording; prohibiting medical marijuana
16 treatment centers from using certain content in their
17 advertising which is attractive to children or
18 promotes the recreational use of marijuana; requiring
19 the department to adopt certain rules; revising
20 background screening requirements for certain
21 individuals; amending s. 381.988, F.S.; requiring
22 medical marijuana testing laboratories to subject
23 their employees to background screenings; revising
24 background screening requirements for certain
25 individuals; amending s. 382.005, F.S.; requiring
26 local registrars to electronically file all live
27 birth, death, and fetal death records in their
28 respective jurisdictions in the department’s
29 electronic registration system; requiring the local
30 registrars to file a paper record with the department
31 if the electronic system is unavailable; requiring
32 local registrars to make blank paper forms available
33 in such instances; providing requirements for such
34 paper records; amending s. 382.008, F.S.; conforming
35 provisions to changes made by the act; amending s.
36 382.009, F.S.; revising the types of health care
37 practitioners who may make certain determinations of
38 death; amending ss. 382.013 and 382.015, F.S.;
39 conforming provisions to changes made by the act;
40 amending ss. 382.021 and 382.023, F.S.; revising the
41 frequency with which circuit courts must transmit
42 marriage licenses and certain dissolution-of-marriage
43 records to the department; requiring that such records
44 be transmitted electronically; amending s. 382.025,
45 F.S.; extending the timeframe for the confidentiality
46 of certain birth records; authorizing persons
47 appointed by the department to issue certified copies
48 of live birth, death, and fetal death certificates;
49 amending s. 401.27, F.S.; revising requirements for
50 applicants for certification or recertification as
51 emergency medical technicians or paramedics; deleting
52 a requirement that a certain certification examination
53 be offered monthly; deleting related duties of the
54 department; deleting a temporary certificate and
55 related provisions; amending s. 401.2701, F.S.;
56 exempting certain emergency medical services training
57 program applicants from the requirement to have a
58 certain affiliation agreement; amending s. 401.272,
59 F.S.; revising the purpose of certain provisions;
60 specifying requirements for the provision of specified
61 services by paramedics and emergency medical
62 technicians under certain circumstances; revising the
63 department’s rulemaking authority; amending s. 401.34,
64 F.S.; deleting certain provisions and fees related to
65 the department’s grading of a certain certification
66 examination; amending s. 401.435, F.S.; revising
67 provisions related to minimum standards for emergency
68 medical responder training; amending s. 464.203, F.S.;
69 exempting certain applicants for certification as a
70 certified nursing assistant from the skills
71 demonstration portion of a certain competency
72 examination; amending s. 468.1115, F.S.; providing
73 construction and applicability; conforming a cross
74 reference; reordering and amending s. 468.1125, F.S.;
75 providing and revising definitions; amending ss.
76 468.1225 and 468.1245, F.S.; revising the scope of
77 practice for audiologists as it relates to hearing
78 aids to apply to prescription hearing aids only;
79 requiring that hearing aids provided to persons
80 younger than 18 years of age be prescription hearing
81 aids and not over-the-counter hearing aids; amending
82 s. 468.1246, F.S.; conforming provisions to changes
83 made by the act; deleting obsolete language; amending
84 ss. 468.1255, 468.1265, and 468.1275, F.S.; conforming
85 provisions to changes made by the act; amending s.
86 484.0401, F.S.; revising legislative findings and
87 intent to conform to changes made by the act;
88 reordering and amending s. 484.041, F.S.; providing
89 and revising definitions; amending s. 484.042, F.S.;
90 revising membership requirements for members of the
91 Board of Hearing Aid Specialists; amending s. 484.044,
92 F.S.; revising the board’s rulemaking authority;
93 deleting obsolete language; amending ss. 484.0445,
94 484.045, 484.0501, and 484.051, F.S.; revising the
95 scope of practice for hearing aid specialists and
96 making conforming changes to licensure and practice
97 requirements; amending s. 484.0512, F.S.; conforming
98 provisions to changes made by the act; deleting
99 obsolete language; amending ss. 484.0513, 484.053, and
100 484.054, F.S.; conforming provisions to changes made
101 by the act; amending s. 484.059, F.S.; conforming
102 provisions to changes made by the act; providing
103 applicability; amending s. 1002.394, F.S.; conforming
104 a cross-reference; providing a directive to the
105 Division of Law Revision; providing effective dates.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Effective upon this act becoming law, section
110 381.875, Florida Statutes, is created to read:
111 381.875 Enhanced potential pandemic pathogen research
112 prohibited.—
113 (1) As used in this section, the term:
114 (a) “Enhanced potential pandemic pathogen” means a
115 potential pandemic pathogen that results from enhancing the
116 transmissibility or virulence of a pathogen. The term does not
117 include naturally occurring pathogens circulating in or
118 recovered from nature, regardless of their pandemic potential.
119 (b) “Enhanced potential pandemic pathogen research” means
120 research that may be reasonably anticipated to create, transfer,
121 or use potential pandemic pathogens that result from enhancing a
122 pathogen’s transmissibility or virulence in humans.
123 (c) “Potential pandemic pathogen” means a bacterium, virus,
124 or other microorganism that is likely to be both:
125 1. Highly transmissible and capable of wide, uncontrollable
126 spread in human populations; and
127 2. Highly virulent, making it likely to cause significant
128 morbidity or mortality in humans.
129 (2) Any research that is reasonably likely to create an
130 enhanced potential pandemic pathogen or that has been determined
131 by the United States Department of Health and Human Services,
132 another federal agency, or a state agency as defined in s. 11.45
133 to create such a pathogen is prohibited in this state.
134 (3) Any researcher applying for state or local funding to
135 conduct research in this state must disclose in the application
136 to the funding source whether the research meets the definition
137 of enhanced potential pandemic pathogen research.
138 (4) The Department of Health shall exercise its authority
139 under s. 381.0012 to enjoin violations of this section.
140 (5) This section does not affect research funded or
141 conducted before the effective date of this act.
142 Section 2. Present paragraphs (a) through (o) of subsection
143 (1) of section 381.986, Florida Statutes, are redesignated as
144 paragraphs (b) through (p), respectively, a new paragraph (a) is
145 added to that subsection, and paragraphs (a) and (c) of
146 subsection (3), paragraphs (e), (h), and (k) of subsection (8),
147 and subsection (9) of that section are amended, to read:
148 381.986 Medical use of marijuana.—
149 (1) DEFINITIONS.—As used in this section, the term:
150 (a) “Attractive to children” means the use of any image or
151 words designed or likely to appeal to persons younger than 18
152 years of age, including, but not limited to, cartoons, toys,
153 animals, food, or depictions of persons younger than 18 years of
154 age; any other likeness to images, characters, or phrases that
155 are popularly used to advertise to persons younger than 18 years
156 of age; or any reasonable likeness to commercially available
157 candy.
158 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
159 (a) Before being approved as a qualified physician, as
160 defined in paragraph (1)(m), and before each license renewal, a
161 physician must successfully complete a 2-hour course and
162 subsequent examination offered by the Florida Medical
163 Association or the Florida Osteopathic Medical Association which
164 encompass the requirements of this section and any rules adopted
165 hereunder. The course and examination must shall be administered
166 at least annually and may be offered in a distance learning
167 format, including an electronic, online format that is available
168 upon request. The price of the course may not exceed $500. A
169 physician who has met the physician education requirements of
170 former s. 381.986(4), Florida Statutes 2016, before June 23,
171 2017, shall be deemed to be in compliance with this paragraph
172 from June 23, 2017, until 90 days after the course and
173 examination required by this paragraph become available.
174 (c) Before being employed as a medical director, as defined
175 in paragraph (1)(i), and before each license renewal, a medical
176 director must successfully complete a 2-hour course and
177 subsequent examination offered by the Florida Medical
178 Association or the Florida Osteopathic Medical Association which
179 encompass the requirements of this section and any rules adopted
180 hereunder. The course and examination must shall be administered
181 at least annually and may be offered in a distance learning
182 format, including an electronic, online format that is available
183 upon request. The price of the course may not exceed $500.
184 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
185 (e) A licensed medical marijuana treatment center shall
186 cultivate, process, transport, and dispense marijuana for
187 medical use. A licensed medical marijuana treatment center may
188 not contract for services directly related to the cultivation,
189 processing, and dispensing of marijuana or marijuana delivery
190 devices, except that a medical marijuana treatment center
191 licensed pursuant to subparagraph (a)1. may contract with a
192 single entity for the cultivation, processing, transporting, and
193 dispensing of marijuana and marijuana delivery devices. A
194 licensed medical marijuana treatment center must, at all times,
195 maintain compliance with the criteria demonstrated and
196 representations made in the initial application and the criteria
197 established in this subsection. Upon request, the department may
198 grant a medical marijuana treatment center a variance from the
199 representations made in the initial application. Consideration
200 of such a request shall be based upon the individual facts and
201 circumstances surrounding the request. A variance may not be
202 granted unless the requesting medical marijuana treatment center
203 can demonstrate to the department that it has a proposed
204 alternative to the specific representation made in its
205 application which fulfills the same or a similar purpose as the
206 specific representation in a way that the department can
207 reasonably determine will not be a lower standard than the
208 specific representation in the application. A variance may not
209 be granted from the requirements in subparagraph 2. and
210 subparagraphs (b)1. and 2.
211 1. A licensed medical marijuana treatment center may
212 transfer ownership to an individual or entity who meets the
213 requirements of this section. A publicly traded corporation or
214 publicly traded company that meets the requirements of this
215 section is not precluded from ownership of a medical marijuana
216 treatment center. To accommodate a change in ownership:
217 a. The licensed medical marijuana treatment center shall
218 notify the department in writing at least 60 days before the
219 anticipated date of the change of ownership.
220 b. The individual or entity applying for initial licensure
221 due to a change of ownership must submit an application that
222 must be received by the department at least 60 days before the
223 date of change of ownership.
224 c. Upon receipt of an application for a license, the
225 department shall examine the application and, within 30 days
226 after receipt, notify the applicant in writing of any apparent
227 errors or omissions and request any additional information
228 required.
229 d. Requested information omitted from an application for
230 licensure must be filed with the department within 21 days after
231 the department’s request for omitted information or the
232 application shall be deemed incomplete and shall be withdrawn
233 from further consideration and the fees shall be forfeited.
234 e. Within 30 days after the receipt of a complete
235 application, the department shall approve or deny the
236 application.
237 2. A medical marijuana treatment center, and any individual
238 or entity who directly or indirectly owns, controls, or holds
239 with power to vote 5 percent or more of the voting shares of a
240 medical marijuana treatment center, may not acquire direct or
241 indirect ownership or control of any voting shares or other form
242 of ownership of any other medical marijuana treatment center.
243 3. A medical marijuana treatment center may not enter into
244 any form of profit-sharing arrangement with the property owner
245 or lessor of any of its facilities where cultivation,
246 processing, storing, or dispensing of marijuana and marijuana
247 delivery devices occurs.
248 4. All employees of a medical marijuana treatment center
249 must be 21 years of age or older and have passed a background
250 screening pursuant to subsection (9).
251 5. Each medical marijuana treatment center must adopt and
252 enforce policies and procedures to ensure employees and
253 volunteers receive training on the legal requirements to
254 dispense marijuana to qualified patients.
255 6. When growing marijuana, a medical marijuana treatment
256 center:
257 a. May use pesticides determined by the department, after
258 consultation with the Department of Agriculture and Consumer
259 Services, to be safely applied to plants intended for human
260 consumption, but may not use pesticides designated as
261 restricted-use pesticides pursuant to s. 487.042.
262 b. Must grow marijuana within an enclosed structure and in
263 a room separate from any other plant.
264 c. Must inspect seeds and growing plants for plant pests
265 that endanger or threaten the horticultural and agricultural
266 interests of the state in accordance with chapter 581 and any
267 rules adopted thereunder.
268 d. Must perform fumigation or treatment of plants, or
269 remove and destroy infested or infected plants, in accordance
270 with chapter 581 and any rules adopted thereunder.
271 7. Each medical marijuana treatment center must produce and
272 make available for purchase at least one low-THC cannabis
273 product.
274 8. A medical marijuana treatment center that produces
275 edibles must hold a permit to operate as a food establishment
276 pursuant to chapter 500, the Florida Food Safety Act, and must
277 comply with all the requirements for food establishments
278 pursuant to chapter 500 and any rules adopted thereunder.
279 Edibles may not contain more than 200 milligrams of
280 tetrahydrocannabinol, and a single serving portion of an edible
281 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
282 may have a potency variance of no greater than 15 percent.
283 Marijuana products, including edibles, may not be attractive to
284 children; be manufactured in the shape of humans, cartoons, or
285 animals; be manufactured in a form that bears any reasonable
286 resemblance to products available for consumption as
287 commercially available candy; or contain any color additives. To
288 discourage consumption of edibles by children, the department
289 shall determine by rule any shapes, forms, and ingredients
290 allowed and prohibited for edibles. Medical marijuana treatment
291 centers may not begin processing or dispensing edibles until
292 after the effective date of the rule. The department shall also
293 adopt sanitation rules providing the standards and requirements
294 for the storage, display, or dispensing of edibles.
295 9. Within 12 months after licensure, a medical marijuana
296 treatment center must demonstrate to the department that all of
297 its processing facilities have passed a Food Safety Good
298 Manufacturing Practices, such as Global Food Safety Initiative
299 or equivalent, inspection by a nationally accredited certifying
300 body. A medical marijuana treatment center must immediately stop
301 processing at any facility which fails to pass this inspection
302 until it demonstrates to the department that such facility has
303 met this requirement.
304 10. A medical marijuana treatment center that produces
305 prerolled marijuana cigarettes may not use wrapping paper made
306 with tobacco or hemp.
307 11. When processing marijuana, a medical marijuana
308 treatment center must:
309 a. Process the marijuana within an enclosed structure and
310 in a room separate from other plants or products.
311 b. Comply with department rules when processing marijuana
312 with hydrocarbon solvents or other solvents or gases exhibiting
313 potential toxicity to humans. The department shall determine by
314 rule the requirements for medical marijuana treatment centers to
315 use such solvents or gases exhibiting potential toxicity to
316 humans.
317 c. Comply with federal and state laws and regulations and
318 department rules for solid and liquid wastes. The department
319 shall determine by rule procedures for the storage, handling,
320 transportation, management, and disposal of solid and liquid
321 waste generated during marijuana production and processing. The
322 Department of Environmental Protection shall assist the
323 department in developing such rules.
324 d. Test the processed marijuana using a medical marijuana
325 testing laboratory before it is dispensed. Results must be
326 verified and signed by two medical marijuana treatment center
327 employees. Before dispensing, the medical marijuana treatment
328 center must determine that the test results indicate that low
329 THC cannabis meets the definition of low-THC cannabis, the
330 concentration of tetrahydrocannabinol meets the potency
331 requirements of this section, the labeling of the concentration
332 of tetrahydrocannabinol and cannabidiol is accurate, and all
333 marijuana is safe for human consumption and free from
334 contaminants that are unsafe for human consumption. The
335 department shall determine by rule which contaminants must be
336 tested for and the maximum levels of each contaminant which are
337 safe for human consumption. The Department of Agriculture and
338 Consumer Services shall assist the department in developing the
339 testing requirements for contaminants that are unsafe for human
340 consumption in edibles. The department shall also determine by
341 rule the procedures for the treatment of marijuana that fails to
342 meet the testing requirements of this section, s. 381.988, or
343 department rule. The department may select samples of marijuana
344 from a medical marijuana treatment center facility which shall
345 be tested by the department to determine whether the marijuana
346 meets the potency requirements of this section, is safe for
347 human consumption, and is accurately labeled with the
348 tetrahydrocannabinol and cannabidiol concentration or to verify
349 the result of marijuana testing conducted by a marijuana testing
350 laboratory. The department may also select samples of marijuana
351 delivery devices from a medical marijuana treatment center to
352 determine whether the marijuana delivery device is safe for use
353 by qualified patients. A medical marijuana treatment center may
354 not require payment from the department for the sample. A
355 medical marijuana treatment center must recall marijuana,
356 including all marijuana and marijuana products made from the
357 same batch of marijuana, that fails to meet the potency
358 requirements of this section, that is unsafe for human
359 consumption, or for which the labeling of the
360 tetrahydrocannabinol and cannabidiol concentration is
361 inaccurate. The department shall adopt rules to establish
362 marijuana potency variations of no greater than 15 percent using
363 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
364 for, but is not limited to, time lapses between testing, testing
365 methods, testing instruments, and types of marijuana sampled for
366 testing. The department may not issue any recalls for product
367 potency as it relates to product labeling before issuing a rule
368 relating to potency variation standards. A medical marijuana
369 treatment center must also recall all marijuana delivery devices
370 determined to be unsafe for use by qualified patients. The
371 medical marijuana treatment center must retain records of all
372 testing and samples of each homogenous batch of marijuana for at
373 least 9 months. The medical marijuana treatment center must
374 contract with a marijuana testing laboratory to perform audits
375 on the medical marijuana treatment center’s standard operating
376 procedures, testing records, and samples and provide the results
377 to the department to confirm that the marijuana or low-THC
378 cannabis meets the requirements of this section and that the
379 marijuana or low-THC cannabis is safe for human consumption. A
380 medical marijuana treatment center shall reserve two processed
381 samples from each batch and retain such samples for at least 9
382 months for the purpose of such audits. A medical marijuana
383 treatment center may use a laboratory that has not been
384 certified by the department under s. 381.988 until such time as
385 at least one laboratory holds the required certification, but in
386 no event later than July 1, 2018.
387 e. Package the marijuana in compliance with the United
388 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
389 1471 et seq.
390 f. Package the marijuana in a receptacle that has a firmly
391 affixed and legible label stating the following information:
392 (I) The marijuana or low-THC cannabis meets the
393 requirements of sub-subparagraph d.
394 (II) The name of the medical marijuana treatment center
395 from which the marijuana originates.
396 (III) The batch number and harvest number from which the
397 marijuana originates and the date dispensed.
398 (IV) The name of the physician who issued the physician
399 certification.
400 (V) The name of the patient.
401 (VI) The product name, if applicable, and dosage form,
402 including concentration of tetrahydrocannabinol and cannabidiol.
403 The product name may not contain wording commonly associated
404 with products that are attractive to children or which promote
405 the recreational use of marijuana marketed by or to children.
406 (VII) The recommended dose.
407 (VIII) A warning that it is illegal to transfer medical
408 marijuana to another person.
409 (IX) A marijuana universal symbol developed by the
410 department.
411 12. The medical marijuana treatment center shall include in
412 each package a patient package insert with information on the
413 specific product dispensed related to:
414 a. Clinical pharmacology.
415 b. Indications and use.
416 c. Dosage and administration.
417 d. Dosage forms and strengths.
418 e. Contraindications.
419 f. Warnings and precautions.
420 g. Adverse reactions.
421 13. In addition to the packaging and labeling requirements
422 specified in subparagraphs 11. and 12., marijuana in a form for
423 smoking must be packaged in a sealed receptacle with a legible
424 and prominent warning to keep away from children and a warning
425 that states marijuana smoke contains carcinogens and may
426 negatively affect health. Such receptacles for marijuana in a
427 form for smoking must be plain, opaque, and white without
428 depictions of the product or images other than the medical
429 marijuana treatment center’s department-approved logo and the
430 marijuana universal symbol.
431 14. The department shall adopt rules to regulate the types,
432 appearance, and labeling of marijuana delivery devices dispensed
433 from a medical marijuana treatment center. The rules must
434 require marijuana delivery devices to have an appearance
435 consistent with medical use.
436 15. Each edible must shall be individually sealed in plain,
437 opaque wrapping marked only with the marijuana universal symbol.
438 Where practical, each edible must shall be marked with the
439 marijuana universal symbol. In addition to the packaging and
440 labeling requirements in subparagraphs 11. and 12., edible
441 receptacles must be plain, opaque, and white without depictions
442 of the product or images other than the medical marijuana
443 treatment center’s department-approved logo and the marijuana
444 universal symbol. The receptacle must also include a list of all
445 the edible’s ingredients, storage instructions, an expiration
446 date, a legible and prominent warning to keep away from children
447 and pets, and a warning that the edible has not been produced or
448 inspected pursuant to federal food safety laws.
449 16. When dispensing marijuana or a marijuana delivery
450 device, a medical marijuana treatment center:
451 a. May dispense any active, valid order for low-THC
452 cannabis, medical cannabis and cannabis delivery devices issued
453 pursuant to former s. 381.986, Florida Statutes 2016, which was
454 entered into the medical marijuana use registry before July 1,
455 2017.
456 b. May not dispense more than a 70-day supply of marijuana
457 within any 70-day period to a qualified patient or caregiver.
458 May not dispense more than one 35-day supply of marijuana in a
459 form for smoking within any 35-day period to a qualified patient
460 or caregiver. A 35-day supply of marijuana in a form for smoking
461 may not exceed 2.5 ounces unless an exception to this amount is
462 approved by the department pursuant to paragraph (4)(f).
463 c. Must have the medical marijuana treatment center’s
464 employee who dispenses the marijuana or a marijuana delivery
465 device enter into the medical marijuana use registry his or her
466 name or unique employee identifier.
467 d. Must verify that the qualified patient and the
468 caregiver, if applicable, each have an active registration in
469 the medical marijuana use registry and an active and valid
470 medical marijuana use registry identification card, the amount
471 and type of marijuana dispensed matches the physician
472 certification in the medical marijuana use registry for that
473 qualified patient, and the physician certification has not
474 already been filled.
475 e. May not dispense marijuana to a qualified patient who is
476 younger than 18 years of age. If the qualified patient is
477 younger than 18 years of age, marijuana may only be dispensed to
478 the qualified patient’s caregiver.
479 f. May not dispense or sell any other type of cannabis,
480 alcohol, or illicit drug-related product, including pipes or
481 wrapping papers made with tobacco or hemp, other than a
482 marijuana delivery device required for the medical use of
483 marijuana and which is specified in a physician certification.
484 g. Must, upon dispensing the marijuana or marijuana
485 delivery device, record in the registry the date, time,
486 quantity, and form of marijuana dispensed; the type of marijuana
487 delivery device dispensed; and the name and medical marijuana
488 use registry identification number of the qualified patient or
489 caregiver to whom the marijuana delivery device was dispensed.
490 h. Must ensure that patient records are not visible to
491 anyone other than the qualified patient, his or her caregiver,
492 and authorized medical marijuana treatment center employees.
493 (h) A medical marijuana treatment center may not engage in
494 advertising that is visible to members of the public from any
495 street, sidewalk, park, or other public place, except:
496 1. The dispensing location of a medical marijuana treatment
497 center may have a sign that is affixed to the outside or hanging
498 in the window of the premises which identifies the dispensary by
499 the licensee’s business name, a department-approved trade name,
500 or a department-approved logo. A medical marijuana treatment
501 center’s trade name and logo may not contain wording or images
502 that are attractive to children commonly associated with
503 marketing targeted toward children or which promote recreational
504 use of marijuana.
505 2. A medical marijuana treatment center may engage in
506 Internet advertising and marketing under the following
507 conditions:
508 a. All advertisements must be approved by the department.
509 b. An advertisement may not have any content that is
510 attractive to children or which promotes the recreational use of
511 marijuana specifically targets individuals under the age of 18,
512 including cartoon characters or similar images.
513 c. An advertisement may not be an unsolicited pop-up
514 advertisement.
515 d. Opt-in marketing must include an easy and permanent opt
516 out feature.
517 (k) The department may adopt rules pursuant to ss.
518 120.536(1) and 120.54 to implement this subsection. The
519 department shall adopt rules it deems necessary to protect the
520 health and safety of qualified patients and minors, including,
521 but not limited to, standards to ensure that medical marijuana
522 treatment centers operate in a manner consistent with the
523 provision of medical products and rules to discourage the
524 diversion and illicit use of marijuana.
525 (9) BACKGROUND SCREENING.—An individual required to undergo
526 a background screening pursuant to this section must pass a
527 level 2 background screening as provided under chapter 435,
528 which, in addition to the disqualifying offenses provided in s.
529 435.04, shall exclude an individual who has an arrest awaiting
530 final disposition for, has been found guilty of, regardless of
531 adjudication, or has entered a plea of nolo contendere or guilty
532 to an offense under chapter 837, chapter 895, or chapter 896 or
533 similar law of another jurisdiction. Exemptions from
534 disqualification as provided under s. 435.07 do not apply to
535 this subsection.
536 (a) Such individual must submit a full set of fingerprints
537 to the department or to a vendor, entity, or agency authorized
538 by s. 943.053(13). The department, vendor, entity, or agency
539 shall forward the fingerprints to the Department of Law
540 Enforcement for state processing, and the Department of Law
541 Enforcement shall forward the fingerprints to the Federal Bureau
542 of Investigation for national processing.
543 (b) Fees for state and federal fingerprint processing and
544 retention shall be borne by the medical marijuana treatment
545 center or caregiver, as applicable individual. The state cost
546 for fingerprint processing shall be as provided in s.
547 943.053(3)(e) for records provided to persons or entities other
548 than those specified as exceptions therein.
549 (c) Fingerprints submitted to the Department of Law
550 Enforcement pursuant to this subsection shall be retained by the
551 Department of Law Enforcement as provided in s. 943.05(2)(g) and
552 (h) and, when the Department of Law Enforcement begins
553 participation in the program, enrolled in the Federal Bureau of
554 Investigation’s national retained print arrest notification
555 program. Any arrest record identified shall be reported to the
556 department.
557 Section 3. Paragraph (d) of subsection (1) of section
558 381.988, Florida Statutes, is amended to read:
559 381.988 Medical marijuana testing laboratories; marijuana
560 tests conducted by a certified laboratory.—
561 (1) A person or entity seeking to be a certified marijuana
562 testing laboratory must:
563 (d) Require all employees, owners, and managers to submit
564 to and pass a level 2 background screening pursuant to chapter
565 435. The department s. 435.04 and shall deny certification if
566 the person or entity seeking certification has a disqualifying
567 offense as provided in s. 435.04 or has an arrest awaiting final
568 disposition for, has been found guilty of, or has entered a plea
569 of guilty or nolo contendere to, regardless of adjudication, any
570 offense listed in chapter 837, chapter 895, or chapter 896 or
571 similar law of another jurisdiction. Exemptions from
572 disqualification as provided under s. 435.07 do not apply to
573 this paragraph.
574 1. Such employees, owners, and managers must submit a full
575 set of fingerprints to the department or to a vendor, entity, or
576 agency authorized by s. 943.053(13). The department, vendor,
577 entity, or agency shall forward the fingerprints to the
578 Department of Law Enforcement for state processing, and the
579 Department of Law Enforcement shall forward the fingerprints to
580 the Federal Bureau of Investigation for national processing.
581 2. Fees for state and federal fingerprint processing and
582 retention shall be borne by the certified marijuana testing
583 laboratory such owners or managers. The state cost for
584 fingerprint processing shall be as provided in s. 943.053(3)(e)
585 for records provided to persons or entities other than those
586 specified as exceptions therein.
587 3. Fingerprints submitted to the Department of Law
588 Enforcement pursuant to this paragraph shall be retained by the
589 Department of Law Enforcement as provided in s. 943.05(2)(g) and
590 (h) and, when the Department of Law Enforcement begins
591 participation in the program, enrolled in the Federal Bureau of
592 Investigation’s national retained print arrest notification
593 program. Any arrest record identified shall be reported to the
594 department.
595 Section 4. Section 382.005, Florida Statutes, is amended to
596 read:
597 382.005 Duties of local registrars.—
598 (1) Each local registrar is charged with the strict and
599 thorough enforcement of the provisions of this chapter and rules
600 adopted hereunder in his or her registration district, and shall
601 make an immediate report to the department of any violation or
602 apparent violation of this law or rules adopted hereunder.
603 (2) Each local registrar must electronically file all live
604 birth, death, and fetal death records within their respective
605 jurisdictions in the department’s electronic registration
606 system. If the department’s electronic registration system is
607 unavailable, the local registrar must file a paper record with
608 the department.
609 (3) Each local registrar must shall make available blank
610 forms available if the department’s electronic registration
611 system is unavailable, as necessary and must shall examine each
612 paper certificate of live birth, death, or fetal death when
613 presented for registration in order to ascertain whether or not
614 it has been completed in accordance with the provisions of this
615 chapter and adopted rules. All paper birth, death, and fetal
616 death certificates must shall be typewritten in permanent black
617 ink, and a paper certificate is not complete and correct if it
618 does not supply each item of information called for or
619 satisfactorily account for its omission.
620 (4)(3) The local registrar or his or her deputy, if
621 authorized by the department, shall sign as registrar in
622 attestation of the date of registration of any paper records
623 filed, and may also make and preserve a local paper record of
624 each birth, death, and fetal death certificate registered by him
625 or her, in such manner as directed by the department. The local
626 registrar shall transmit daily to the department all original
627 paper certificates registered. If no births, deaths, or fetal
628 deaths occurred in any month, the local registrar or deputy
629 shall, on the 7th day of the following month, report that fact
630 to the department on a form provided for such purpose.
631 (5)(4) Each local registrar, immediately upon appointment,
632 shall designate one or more deputy registrars to act on behalf
633 of the local registrar.
634 Section 5. Subsection (2) of section 382.008, Florida
635 Statutes, is amended to read:
636 382.008 Death, fetal death, and nonviable birth
637 registration.—
638 (2)(a) The funeral director who first assumes custody of a
639 dead body or fetus shall electronically file the certificate of
640 death or fetal death. In the absence of the funeral director,
641 the physician, physician assistant, advanced practice registered
642 nurse registered under s. 464.0123, or other person in
643 attendance at or after the death or the district medical
644 examiner of the county in which the death occurred or the body
645 was found shall electronically file the certificate of death or
646 fetal death. The person who files the certificate shall obtain
647 personal data from a legally authorized person as described in
648 s. 497.005 or the best qualified person or source available. The
649 medical certification of cause of death must shall be furnished
650 to the funeral director, either in person or via certified mail
651 or electronic transfer, by the physician, physician assistant,
652 advanced practice registered nurse registered under s. 464.0123,
653 or medical examiner responsible for furnishing such information.
654 For fetal deaths, the physician, physician assistant, advanced
655 practice registered nurse registered under s. 464.0123, midwife,
656 or hospital administrator shall provide any medical or health
657 information to the funeral director within 72 hours after
658 expulsion or extraction.
659 (b) The State Registrar shall may receive electronically a
660 certificate of death, fetal death, or nonviable birth which is
661 required to be filed with the registrar under this chapter
662 through facsimile or other electronic transfer for the purpose
663 of filing the certificate. The receipt of a certificate of
664 death, fetal death, or nonviable birth by electronic transfer
665 constitutes delivery to the State Registrar as required by law.
666 Section 6. Subsection (2) of section 382.009, Florida
667 Statutes, is amended to read:
668 382.009 Recognition of brain death under certain
669 circumstances.—
670 (2) Determination of death pursuant to this section must
671 shall be made in accordance with currently accepted reasonable
672 medical standards.
673 (a) If the patient′s treating health care practitioner is a
674 physician licensed under chapter 458 or chapter 459, the
675 determination must be made by that physician and a second
676 physician two physicians licensed under chapter 458 or chapter
677 459 who is. One physician shall be the treating physician, and
678 the other physician shall be a board-eligible or board-certified
679 neurologist, neurosurgeon, internist, pediatrician, surgeon, or
680 anesthesiologist.
681 (b) If the patient′s treating health care practitioner is
682 an autonomous advanced practice registered nurse registered
683 under s. 464.0123, the determination must be made by that
684 practitioner and two physicians licensed under chapter 458 or
685 chapter 459. Each physician must be a board-eligible or board
686 certified neurologist, neurosurgeon, internist, pediatrician,
687 surgeon, or anesthesiologist.
688 Section 7. Section 382.013, Florida Statutes, is amended to
689 read:
690 382.013 Birth registration.—A certificate for each live
691 birth that occurs in this state shall be filed within 5 days
692 after such birth in the department’s electronic registration
693 system with the local registrar of the district in which the
694 birth occurred and shall be registered by the local registrar if
695 the certificate has been completed and filed in accordance with
696 this chapter and adopted rules. The information regarding
697 registered births shall be used for comparison with information
698 in the state case registry, as defined in chapter 61.
699 (1) FILING.—
700 (a) If a birth occurs in a hospital, birth center, or other
701 health care facility, or en route thereto, the person in charge
702 of the facility is shall be responsible for preparing the
703 certificate, certifying the facts of the birth, and filing the
704 certificate in the department’s electronic registration system
705 with the local registrar. Within 48 hours after the birth, the
706 physician, midwife, or person in attendance during or
707 immediately after the delivery shall provide the facility with
708 the medical information required by the birth certificate.
709 (b) If a birth occurs outside a facility and a physician
710 licensed in this state, a certified nurse midwife, a midwife
711 licensed in this state, or a public health nurse employed by the
712 department was in attendance during or immediately after the
713 delivery, that person shall prepare and file the certificate.
714 (c) If a birth occurs outside a facility and the delivery
715 is not attended by one of the persons described in paragraph
716 (b), the person in attendance, the mother, or the father shall
717 report the birth to the registrar and provide proof of the facts
718 of birth. The department may require such documents to be
719 presented and such proof to be filed as it deems necessary and
720 sufficient to establish the truth of the facts to be recorded by
721 the certificate and may withhold registering the birth until its
722 requirements are met.
723 (d) If a birth occurs in a moving conveyance and the child
724 is first removed from the conveyance in this state, the birth
725 shall be filed and registered in this state and the place to
726 which the child is first removed shall be considered the place
727 of birth.
728 (e) The mother or the father of the child shall attest to
729 the accuracy of the personal data entered on the certificate in
730 time to permit the timely registration of the certificate.
731 (f) If a certificate of live birth is incomplete, the local
732 registrar shall immediately notify the health care facility or
733 person filing the certificate and shall require the completion
734 of the missing items of information if they can be obtained
735 before prior to issuing certified copies of the birth
736 certificate.
737 (g) Regardless of any plan to place a child for adoption
738 after birth, the information on the birth certificate as
739 required by this section must be as to the child’s birth parents
740 unless and until an application for a new birth record is made
741 under s. 63.152.
742 (h) The State Registrar may receive electronically a birth
743 certificate for each live birth which is required to be filed
744 with the registrar under this chapter through facsimile or other
745 electronic transfer for the purpose of filing the birth
746 certificate. The receipt of a birth certificate by electronic
747 transfer constitutes delivery to the State Registrar as required
748 by law.
749 (2) PATERNITY.—
750 (a) If the mother is married at the time of birth, the name
751 of the husband shall be entered on the birth certificate as the
752 father of the child, unless paternity has been determined
753 otherwise by a court of competent jurisdiction.
754 (b) Notwithstanding paragraph (a), if the husband of the
755 mother dies while the mother is pregnant but before the birth of
756 the child, the name of the deceased husband shall be entered on
757 the birth certificate as the father of the child, unless
758 paternity has been determined otherwise by a court of competent
759 jurisdiction.
760 (c) If the mother is not married at the time of the birth,
761 the name of the father may not be entered on the birth
762 certificate without the execution of an affidavit signed by both
763 the mother and the person to be named as the father. The
764 facility shall give notice orally or through the use of video or
765 audio equipment, and in writing, of the alternatives to, the
766 legal consequences of, and the rights, including, if one parent
767 is a minor, any rights afforded due to minority status, and
768 responsibilities that arise from signing an acknowledgment of
769 paternity, as well as information provided by the Title IV-D
770 agency established pursuant to s. 409.2557, regarding the
771 benefits of voluntary establishment of paternity. Upon request
772 of the mother and the person to be named as the father, the
773 facility shall assist in the execution of the affidavit, a
774 notarized voluntary acknowledgment of paternity, or a voluntary
775 acknowledgment of paternity that is witnessed by two individuals
776 and signed under penalty of perjury as specified by s.
777 92.525(2).
778 (d) If the paternity of the child is determined by a court
779 of competent jurisdiction as provided under s. 382.015 or there
780 is a final judgment of dissolution of marriage which requires
781 the former husband to pay child support for the child, the name
782 of the father and the surname of the child shall be entered on
783 the certificate in accordance with the finding and order of the
784 court. If the court fails to specify a surname for the child,
785 the surname shall be entered in accordance with subsection (3).
786 (e) If the paternity of the child is determined pursuant to
787 s. 409.256, the name of the father and the surname of the child
788 shall be entered on the certificate in accordance with the
789 finding and order of the Department of Revenue.
790 (f) If the mother and father marry each other at any time
791 after the child’s birth, upon receipt of a marriage license that
792 identifies any such child, the department shall amend the
793 certificate with regard to the parents’ marital status as though
794 the parents were married at the time of birth.
795 (g) If the father is not named on the certificate, no other
796 information about the father shall be entered on the
797 certificate.
798 (3) NAME OF CHILD.—
799 (a) If the mother is married at the time of birth, the
800 mother and father whose names are entered on the birth
801 certificate shall select the given names and surname of the
802 child if both parents have custody of the child, otherwise the
803 parent who has custody shall select the child’s name.
804 (b) If the mother and father whose names are entered on the
805 birth certificate disagree on the surname of the child and both
806 parents have custody of the child, the surname selected by the
807 father and the surname selected by the mother shall both be
808 entered on the birth certificate, separated by a hyphen, with
809 the selected names entered in alphabetical order. If the parents
810 disagree on the selection of a given name, the given name may
811 not be entered on the certificate until a joint agreement that
812 lists the agreed upon given name and is notarized by both
813 parents is submitted to the department, or until a given name is
814 selected by a court.
815 (c) If the mother is not married at the time of birth, the
816 parent who will have custody of the child shall select the
817 child’s given name and surname.
818 (d) If multiple names of the child exceed the space
819 provided on the face of the birth certificate they shall be
820 listed on the back of the certificate. Names listed on the back
821 of the certificate shall be part of the official record.
822 (4) UNDETERMINED PARENTAGE.—The person having custody of a
823 child of undetermined parentage shall register a birth
824 certificate showing all known or approximate facts relating to
825 the birth. To assist in later determination, information
826 concerning the place and circumstances under which the child was
827 found shall be included on the portion of the birth certificate
828 relating to marital status and medical details. In the event the
829 child is later identified, a new birth certificate shall be
830 prepared which shall bear the same number as the original birth
831 certificate, and the original certificate shall be sealed and
832 filed, shall be confidential and exempt from the provisions of
833 s. 119.07(1), and shall not be opened to inspection by, nor
834 shall certified copies of the same be issued except by court
835 order to, any person other than the registrant if of legal age.
836 (5) DISCLOSURE.—The original certificate of live birth
837 shall contain all the information required by the department for
838 legal, social, and health research purposes. However, all
839 information concerning parentage, marital status, and medical
840 details shall be confidential and exempt from the provisions of
841 s. 119.07(1), except for health research purposes as approved by
842 the department, nor shall copies of the same be issued except as
843 provided in s. 382.025.
844 Section 8. Section 382.015, Florida Statutes, is amended to
845 read:
846 382.015 New certificates of live birth; duty of clerks of
847 court and department.—The clerk of the court in which any
848 proceeding for adoption, annulment of an adoption, affirmation
849 of parental status, or determination of paternity is to be
850 registered, shall within 30 days after the final disposition,
851 forward electronically to the department a certified copy of the
852 court order, or a report of the proceedings upon a form to be
853 furnished by the department, together with sufficient
854 information to identify the original birth certificate and to
855 enable the preparation of a new birth certificate. The clerk of
856 the court shall implement a monitoring and quality control plan
857 to ensure that all judicial determinations of paternity are
858 reported to the department in compliance with this section. The
859 department shall track paternity determinations reported monthly
860 by county, monitor compliance with the 30-day timeframe, and
861 report the data to the clerks of the court quarterly.
862 (1) ADOPTION AND ANNULMENT OF ADOPTION.—
863 (a) Upon receipt of the report or certified copy of an
864 adoption decree, together with the information necessary to
865 identify the original certificate of live birth, and establish a
866 new certificate, the department shall prepare and file a new
867 birth certificate, absent objection by the court decreeing the
868 adoption, the adoptive parents, or the adoptee if of legal age.
869 The certificate shall bear the same file number as the original
870 birth certificate. All names and identifying information
871 relating to the adoptive parents entered on the new certificate
872 shall refer to the adoptive parents, but nothing in the
873 certificate shall refer to or designate the parents as being
874 adoptive. All other items not affected by adoption shall be
875 copied as on the original certificate, including the date of
876 registration and filing.
877 (b) Upon receipt of the report or certified copy of an
878 annulment-of-adoption decree, together with the sufficient
879 information to identify the original certificate of live birth,
880 the department shall, if a new certificate of birth was filed
881 following an adoption report or decree, remove the new
882 certificate and restore the original certificate to its original
883 place in the files, and the certificate so removed shall be
884 sealed by the department.
885 (c) Upon receipt of a report or certified copy of an
886 adoption decree or annulment-of-adoption decree for a person
887 born in another state, the department shall forward the report
888 or decree to the state of the registrant’s birth. If the adoptee
889 was born in Canada, the department shall send a copy of the
890 report or decree to the appropriate birth registration authority
891 in Canada.
892 (2) DETERMINATION OF PATERNITY.—Upon receipt of the report,
893 a certified copy of a final decree of determination of
894 paternity, or a certified copy of a final judgment of
895 dissolution of marriage which requires the former husband to pay
896 child support for the child, together with sufficient
897 information to identify the original certificate of live birth,
898 the department shall prepare and file a new birth certificate,
899 which shall bear the same file number as the original birth
900 certificate. The registrant’s name shall be entered as decreed
901 by the court or as reflected in the final judgment or support
902 order. The names and identifying information of the parents
903 shall be entered as of the date of the registrant’s birth.
904 (3) AFFIRMATION OF PARENTAL STATUS.—Upon receipt of an
905 order of affirmation of parental status issued pursuant to s.
906 742.16, together with sufficient information to identify the
907 original certificate of live birth, the department shall prepare
908 and file a new birth certificate which shall bear the same file
909 number as the original birth certificate. The names and
910 identifying information of the registrant’s parents entered on
911 the new certificate shall be the commissioning couple, but the
912 new certificate may not make reference to or designate the
913 parents as the commissioning couple.
914 (4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL.
915 When a new certificate of birth is prepared, the department
916 shall substitute the new certificate of birth for the original
917 certificate on file. All copies of the original certificate of
918 live birth in the custody of a local registrar or other state
919 custodian of vital records shall be forwarded to the State
920 Registrar. Thereafter, when a certified copy of the certificate
921 of birth or portion thereof is issued, it shall be a copy of the
922 new certificate of birth or portion thereof, except when a court
923 order requires issuance of a certified copy of the original
924 certificate of birth. In an adoption, change in paternity,
925 affirmation of parental status, undetermined parentage, or
926 court-ordered substitution, the department shall place the
927 original certificate of birth and all papers pertaining thereto
928 under seal, not to be broken except by order of a court of
929 competent jurisdiction or as otherwise provided by law.
930 (5) FORM.—Except for certificates of foreign birth which
931 are registered as provided in s. 382.017, and delayed
932 certificates of birth which are registered as provided in ss.
933 382.019 and 382.0195, all original, new, or amended certificates
934 of live birth shall be identical in form, regardless of the
935 marital status of the parents or the fact that the registrant is
936 adopted or of undetermined parentage.
937 (6) RULES.—The department shall adopt and enforce all rules
938 necessary for carrying out the provisions of this section.
939 Section 9. Section 382.021, Florida Statutes, is amended to
940 read:
941 382.021 Department to receive marriage licenses.—Weekly On
942 or before the 5th day of each month, the county court judge or
943 clerk of the circuit court shall electronically transmit all
944 original marriage licenses, with endorsements, received during
945 the preceding calendar week month, to the department. Any
946 marriage licenses issued and not returned or any marriage
947 licenses returned but not recorded shall be reported by the
948 issuing county court judge or clerk of the circuit court to the
949 department at the time of transmitting the recorded licenses on
950 the forms to be prescribed and furnished by the department. If
951 during any month no marriage licenses are issued or returned,
952 the county court judge or clerk of the circuit court shall
953 report such fact to the department upon forms prescribed and
954 furnished by the department.
955 Section 10. Section 382.023, Florida Statutes, is amended
956 to read:
957 382.023 Department to receive dissolution-of-marriage
958 records; fees.—Clerks of the circuit courts shall collect for
959 their services at the time of the filing of a final judgment of
960 dissolution of marriage a fee of up to $10.50, of which 43
961 percent shall be retained by the clerk of the circuit court as a
962 part of the cost in the cause in which the judgment is granted.
963 The remaining 57 percent shall be remitted to the Department of
964 Revenue for deposit to the Department of Health to defray part
965 of the cost of maintaining the dissolution-of-marriage records.
966 A record of each and every judgment of dissolution of marriage
967 granted by the court during the preceding calendar week month,
968 giving names of parties and such other data as required by forms
969 prescribed by the department, shall be electronically
970 transmitted to the department weekly, on or before the 10th day
971 of each month, along with an accounting of the funds remitted to
972 the Department of Revenue pursuant to this section.
973 Section 11. Subsections (1) and (4) of section 382.025,
974 Florida Statutes, are amended to read:
975 382.025 Certified copies of vital records; confidentiality;
976 research.—
977 (1) BIRTH RECORDS.—Except for birth records over 125 100
978 years old which are not under seal pursuant to court order, all
979 birth records of this state shall be confidential and are exempt
980 from the provisions of s. 119.07(1).
981 (a) Certified copies of the original birth certificate or a
982 new or amended certificate, or affidavits thereof, are
983 confidential and exempt from the provisions of s. 119.07(1) and,
984 upon receipt of a request and payment of the fee prescribed in
985 s. 382.0255, shall be issued only as authorized by the
986 department and in the form prescribed by the department, and
987 only:
988 1. To the registrant, if the registrant is of legal age, is
989 a certified homeless youth, or is a minor who has had the
990 disabilities of nonage removed under s. 743.01 or s. 743.015;
991 2. To the registrant’s parent or guardian or other legal
992 representative;
993 3. Upon receipt of the registrant’s death certificate, to
994 the registrant’s spouse or to the registrant’s child,
995 grandchild, or sibling, if of legal age, or to the legal
996 representative of any of such person persons;
997 4. To any person if the birth record is more than 125 over
998 100 years old and not under seal pursuant to court order;
999 5. To a law enforcement agency for official purposes;
1000 6. To any agency of the state or the United States for
1001 official purposes upon approval of the department; or
1002 7. Upon order of any court of competent jurisdiction.
1003 (b) To protect the integrity of vital records and prevent
1004 the fraudulent use of the birth certificates of deceased
1005 persons, the department shall match birth and death certificates
1006 and post the fact of death to the appropriate birth certificate.
1007 Except for a commemorative birth certificate, any certification
1008 of a birth certificate of a deceased registrant shall be marked
1009 “deceased.” In the case of a commemorative birth certificate,
1010 such indication of death shall be made on the back of the
1011 certificate.
1012 (c) The department shall issue, upon request and upon
1013 payment of an additional fee as prescribed under s. 382.0255, a
1014 commemorative birth certificate representing that the birth of
1015 the person named thereon is recorded in the office of the
1016 registrar. The certificate issued under this paragraph shall be
1017 in a form consistent with the need to protect the integrity of
1018 vital records but shall be suitable for display. It may bear the
1019 seal of the state printed thereon and may be signed by the
1020 Governor.
1021 (4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES.—Only the
1022 state registrar, and local registrars, and those persons
1023 appointed by the department are authorized to issue any
1024 certificate which purports to be a certified copy of an original
1025 certificate of live birth, death, or fetal death. Except as
1026 provided in this section, preparing or issuing certificates is
1027 exempt from the provisions of s. 119.07(1).
1028 Section 12. Subsections (3), (4), and (5) of section
1029 401.27, Florida Statutes, are amended to read:
1030 401.27 Personnel; standards and certification.—
1031 (3) Any person who desires to be certified or recertified
1032 as an emergency medical technician or paramedic must apply to
1033 the department under oath on forms provided by the department
1034 which shall contain such information as the department
1035 reasonably requires, which may include affirmative evidence of
1036 ability to comply with applicable laws and rules. The department
1037 shall determine whether the applicant meets the requirements
1038 specified in this section and in rules of the department and
1039 shall issue a certificate to any person who meets such
1040 requirements.
1041 (4) An applicant for certification or recertification as an
1042 emergency medical technician or paramedic must:
1043 (a) Have completed an appropriate training program as
1044 follows:
1045 1. For an emergency medical technician, an emergency
1046 medical technician training program approved by the department
1047 as equivalent to the most recent EMT-Basic National Standard
1048 Curriculum or the National EMS Education Standards of the United
1049 States Department of Transportation;
1050 2. For a paramedic, a paramedic training program approved
1051 by the department as equivalent to the most recent EMT-Paramedic
1052 National Standard Curriculum or the National EMS Education
1053 Standards of the United States Department of Transportation;
1054 (b) Attest Certify under oath that he or she is not
1055 addicted to alcohol or any controlled substance;
1056 (c) Attest Certify under oath that he or she is free from
1057 any physical or mental defect or disease that might impair the
1058 applicant’s ability to perform his or her duties;
1059 (d) Within 2 years after program completion have passed an
1060 examination developed or required by the department;
1061 (e)1. For an emergency medical technician, hold a current
1062 American Heart Association cardiopulmonary resuscitation course
1063 card or an American Red Cross cardiopulmonary resuscitation
1064 course card or its equivalent as defined by department rule;
1065 2. For a paramedic, hold a certificate of successful course
1066 completion in advanced cardiac life support from the American
1067 Heart Association or its equivalent as defined by department
1068 rule;
1069 (f) Submit the certification fee and the nonrefundable
1070 examination fee prescribed in s. 401.34, which examination fee
1071 will be required for each examination administered to an
1072 applicant; and
1073 (g) Submit a completed application to the department, which
1074 application documents compliance with paragraphs (a), (b), (c),
1075 (e), (f), and this paragraph, and, if applicable, paragraph (d).
1076 The application must be submitted so as to be received by the
1077 department at least 30 calendar days before the next regularly
1078 scheduled examination for which the applicant desires to be
1079 scheduled.
1080 (5) The certification examination must be offered monthly.
1081 The department shall issue an examination admission notice to
1082 the applicant advising him or her of the time and place of the
1083 examination for which he or she is scheduled. Individuals
1084 achieving a passing score on the certification examination may
1085 be issued a temporary certificate with their examination grade
1086 report. The department must issue an original certification
1087 within 45 days after the examination. Examination questions and
1088 answers are not subject to discovery but may be introduced into
1089 evidence and considered only in camera in any administrative
1090 proceeding under chapter 120. If an administrative hearing is
1091 held, the department shall provide challenged examination
1092 questions and answers to the administrative law judge. The
1093 department shall establish by rule the procedure by which an
1094 applicant, and the applicant’s attorney, may review examination
1095 questions and answers in accordance with s. 119.071(1)(a).
1096 Section 13. Paragraph (a) of subsection (1) of section
1097 401.2701, Florida Statutes, is amended to read:
1098 401.2701 Emergency medical services training programs.—
1099 (1) Any private or public institution in Florida desiring
1100 to conduct an approved program for the education of emergency
1101 medical technicians and paramedics shall:
1102 (a) Submit a completed application on a form provided by
1103 the department, which must include:
1104 1. Evidence that the institution is in compliance with all
1105 applicable requirements of the Department of Education.
1106 2. Evidence of an affiliation agreement with a hospital
1107 that has an emergency department staffed by at least one
1108 physician and one registered nurse.
1109 3. Evidence of an affiliation agreement with a current
1110 emergency medical services provider that is licensed in this
1111 state. Such agreement shall include, at a minimum, a commitment
1112 by the provider to conduct the field experience portion of the
1113 education program. An applicant licensed as an advanced life
1114 support service under s. 401.25 with permitted transport
1115 vehicles pursuant to s. 401.26 is exempt from the requirements
1116 of this subparagraph and need not submit evidence of an
1117 affiliation agreement with a current emergency medical services
1118 provider.
1119 4. Documentation verifying faculty, including:
1120 a. A medical director who is a licensed physician meeting
1121 the applicable requirements for emergency medical services
1122 medical directors as outlined in this chapter and rules of the
1123 department. The medical director shall have the duty and
1124 responsibility of certifying that graduates have successfully
1125 completed all phases of the education program and are proficient
1126 in basic or advanced life support techniques, as applicable.
1127 b. A program director responsible for the operation,
1128 organization, periodic review, administration, development, and
1129 approval of the program.
1130 5. Documentation verifying that the curriculum:
1131 a. Meets the most recent Emergency Medical Technician-Basic
1132 National Standard Curriculum or the National EMS Education
1133 Standards approved by the department for emergency medical
1134 technician programs and Emergency Medical Technician-Paramedic
1135 National Standard Curriculum or the National EMS Education
1136 Standards approved by the department for paramedic programs.
1137 b. Includes 2 hours of instruction on the trauma scorecard
1138 methodologies for assessment of adult trauma patients and
1139 pediatric trauma patients as specified by the department by
1140 rule.
1141 6. Evidence of sufficient medical and educational equipment
1142 to meet emergency medical services training program needs.
1143 Section 14. Section 401.272, Florida Statutes, is amended
1144 to read:
1145 401.272 Emergency medical services community health care.—
1146 (1) The purpose of this section is to encourage more
1147 effective utilization of the skills of emergency medical
1148 technicians and paramedics by enabling them to perform, in
1149 partnership with local county health departments, specific
1150 additional health care tasks that are consistent with the public
1151 health and welfare.
1152 (2) Notwithstanding any other provision of law to the
1153 contrary:
1154 (a) Paramedics or emergency medical technicians shall
1155 operate under the medical direction of a physician through two
1156 way voice communication or pursuant to established standing
1157 orders or protocols and within the scope of their training when
1158 providing basic life support, advanced life support, and may
1159 perform health promotion and wellness activities and blood
1160 pressure screenings in a nonemergency environment, within the
1161 scope of their training, and under the direction of a medical
1162 director. As used in this paragraph, the term “health promotion
1163 and wellness” means the provision of public health programs
1164 pertaining to the prevention of illness and injury.
1165 (b) Paramedics and emergency medical technicians shall
1166 operate under the medical direction of a physician through two
1167 way communication or pursuant to established standing orders or
1168 protocols and within the scope of their training when a patient
1169 is not transported to an emergency department or is transported
1170 to a facility other than a hospital as defined in s.
1171 395.002(12).
1172 (c) Paramedics may administer immunizations in a
1173 nonemergency environment, within the scope of their training,
1174 and under the medical direction of a physician through two-way
1175 communication or pursuant to established standing orders or
1176 protocols medical director. There must be a written agreement
1177 between the physician providing medical direction paramedic’s
1178 medical director and the department or the county health
1179 department located in each county in which the paramedic
1180 administers immunizations. This agreement must establish the
1181 protocols, policies, and procedures under which the paramedic
1182 must operate.
1183 (d)(c) Paramedics may provide basic life support services
1184 and advanced life support services to patients receiving acute
1185 and postacute hospital care at home as specified in the
1186 paramedic’s supervisory relationship with a physician or
1187 standing orders as described in s. 401.265, s. 458.348, or s.
1188 459.025. A physician who supervises or provides medical
1189 direction to a paramedic who provides basic life support
1190 services or advanced life support services to patients receiving
1191 acute and postacute hospital care at home pursuant to a formal
1192 supervisory relationship or standing orders is liable for any
1193 act or omission of the paramedic acting under the physician’s
1194 supervision or medical direction when providing such services.
1195 The department may adopt and enforce rules necessary to
1196 implement this paragraph.
1197 (3) Each physician providing medical direction to medical
1198 director under whose direction a paramedic who administers
1199 immunizations must verify and document that the paramedic has
1200 received sufficient training and experience to administer
1201 immunizations. The verification must be documented on forms
1202 developed by the department, and the completed forms must be
1203 maintained at the service location of the licensee and made
1204 available to the department upon request.
1205 (4) The department may adopt and enforce all rules
1206 necessary to enforce the provisions relating to a paramedic’s
1207 administration of immunizations and the performance of health
1208 promotion and wellness activities and blood pressure screenings
1209 by a paramedic or emergency medical technician in a nonemergency
1210 environment.
1211 Section 15. Subsections (5), (6), and (7) of section
1212 401.34, Florida Statutes, are amended to read:
1213 401.34 Fees.—
1214 (5) The department may provide same-day grading of the
1215 examination for an applicant for emergency medical technician or
1216 paramedic certification.
1217 (6) The department may offer walk-in eligibility
1218 determination and examination to applicants for emergency
1219 medical technician or paramedic certification who pay to the
1220 department a nonrefundable fee to be set by the department not
1221 to exceed $65. The fee is in addition to the certification fee
1222 and examination fee. The department must establish locations and
1223 times for eligibility determination and examination.
1224 (7) The cost of emergency medical technician or paramedic
1225 certification examination review may not exceed $50.
1226 Section 16. Section 401.435, Florida Statutes, is amended
1227 to read:
1228 401.435 Emergency medical First responder agencies and
1229 training.—
1230 (1) The department must adopt by rule the United States
1231 Department of Transportation National Emergency Medical Services
1232 Education Standards for the Emergency Medical Services: First
1233 Responder level Training Course as the minimum standard for
1234 emergency medical first responder training. In addition, the
1235 department must adopt rules establishing minimum emergency
1236 medical first responder instructor qualifications. For purposes
1237 of this section, an emergency medical a first responder includes
1238 any individual who receives training to render initial care to
1239 an ill or injured person, other than an individual trained and
1240 certified pursuant to s. 943.1395(1), but who does not have the
1241 primary responsibility of treating and transporting ill or
1242 injured persons.
1243 (2) Each emergency medical first responder agency must take
1244 all reasonable efforts to enter into a memorandum of
1245 understanding with the emergency medical services licensee
1246 within whose territory the agency operates in order to
1247 coordinate emergency services at an emergency scene. The
1248 department must provide a model memorandum of understanding for
1249 this purpose. The memorandum of understanding should include
1250 dispatch protocols, the roles and responsibilities of emergency
1251 medical first responder personnel at an emergency scene, and the
1252 documentation required for patient care rendered. For purposes
1253 of this section, the term “emergency medical first responder
1254 agency” includes a law enforcement agency, a fire service agency
1255 not licensed under this part, a lifeguard agency, and a
1256 volunteer organization that renders, as part of its routine
1257 functions, on-scene patient care before emergency medical
1258 technicians or paramedics arrive.
1259 Section 17. Paragraph (a) of subsection (1) of section
1260 464.203, Florida Statutes, is amended to read:
1261 464.203 Certified nursing assistants; certification
1262 requirement.—
1263 (1) The board shall issue a certificate to practice as a
1264 certified nursing assistant to any person who demonstrates a
1265 minimum competency to read and write and successfully passes the
1266 required background screening pursuant to s. 400.215. If the
1267 person has successfully passed the required background screening
1268 pursuant to s. 400.215 or s. 408.809 within 90 days before
1269 applying for a certificate to practice and the person’s
1270 background screening results are not retained in the
1271 clearinghouse created under s. 435.12, the board shall waive the
1272 requirement that the applicant successfully pass an additional
1273 background screening pursuant to s. 400.215. The person must
1274 also meet one of the following requirements:
1275 (a) Has successfully completed an approved training program
1276 and achieved a minimum score, established by rule of the board,
1277 on the nursing assistant competency examination, which consists
1278 of a written portion and skills-demonstration portion approved
1279 by the board and administered at a site and by personnel
1280 approved by the department. Any person who has successfully
1281 completed an approved training program within 6 months before
1282 filing an application for certification is not required to take
1283 the skills-demonstration portion of the competency examination.
1284 Section 18. Section 468.1115, Florida Statutes, is amended
1285 to read:
1286 468.1115 Exemptions.—
1287 (1) No provision of This part may not shall be construed to
1288 limit the practice of persons licensed in this state from
1289 engaging in the professions for which they are licensed, so long
1290 as they do not hold themselves out to the public as possessing a
1291 license or certificate issued pursuant to this part or use a
1292 title protected by this part.
1293 (2) This part may not be construed to prohibit audiologists
1294 from fitting, selling, dispensing, servicing, marketing,
1295 providing customer support for, or distributing over-the-counter
1296 hearing aids to persons 18 years of age or older.
1297 (3) The provisions of This part does shall not apply to:
1298 (a) Students actively engaged in a training program, if
1299 such persons are acting under the direct supervision of a
1300 licensed speech-language pathologist or a licensed audiologist.
1301 (b) Persons practicing a licensed profession or operating
1302 within the scope of their profession, such as doctors of
1303 medicine, clinical psychologists, nurses, or hearing aid
1304 specialists, who are properly licensed under the laws of this
1305 state.
1306 (c) Persons certified in the areas of speech-language
1307 impairment or hearing impairment in this state under chapter
1308 1012 when engaging in the profession for which they are
1309 certified, or any person under the direct supervision of such a
1310 certified person, or of a licensee under this chapter, when the
1311 person under such supervision is performing hearing screenings
1312 in a school setting for prekindergarten through grade 12.
1313 (d) Laryngectomized individuals, rendering guidance and
1314 instruction to other laryngectomized individuals, who are under
1315 the supervision of a speech-language pathologist licensed under
1316 this part or of a physician licensed under chapter 458 or
1317 chapter 459 and qualified to perform this surgical procedure.
1318 (e) Persons licensed by another state as speech-language
1319 pathologists or audiologists who provide services within the
1320 applicable scope of practice set forth in s. 468.1125(10) or
1321 (11) s. 468.1125(6) or (7) for no more than 5 calendar days per
1322 month or 15 calendar days per year under the direct supervision
1323 of a Florida-licensed speech-language pathologist or
1324 audiologist. A person whose state of residence does not license
1325 speech-language pathologists or audiologists may also qualify
1326 for this exemption, if the person holds a certificate of
1327 clinical competence from the American Speech-Language and
1328 Hearing Association and meets all other requirements of this
1329 paragraph. In either case, the board shall hold the supervising
1330 Florida licensee fully accountable for the services provided by
1331 the out-of-state licensee.
1332 (f) Nonlicensed persons working in a hospital setting who
1333 provide newborn infant hearing screenings, so long as training,
1334 clinical interpretation of the screenings, and the protocol for
1335 followup of infants who fail in-hospital screenings are provided
1336 by a licensed audiologist.
1337 (g) An audiologist while engaged in fitting, selling,
1338 dispensing, servicing, marketing, providing customer support
1339 for, or distributing over-the-counter hearing aids.
1340 (h) Any person who fits, sells, dispenses, services,
1341 markets, provides customer support for, or distributes
1342 exclusively over-the-counter hearing aids.
1343 Section 19. Section 468.1125, Florida Statutes, is
1344 reordered and amended to read:
1345 468.1125 Definitions.—As used in this part, the term:
1346 (1) “Air-conduction hearing aid” means a hearing aid that
1347 conducts sound to the ear through the air.
1348 (2) “Audiologist” means a person licensed under this part
1349 to practice audiology.
1350 (3)(2) “Board” means the Board of Speech-Language Pathology
1351 and Audiology.
1352 (4)(3) “Certified audiology assistant” means a person who
1353 is certified under this part to perform audiology services under
1354 the direct supervision of an audiologist.
1355 (5)(4) “Certified speech-language pathology assistant”
1356 means a person who is certified under this part to perform
1357 speech pathology services under the direct supervision of a
1358 speech pathologist.
1359 (6)(5) “Department” means the Department of Health.
1360 (8) “Hearing aid” means any wearable device designed for,
1361 offered for the purpose of, or represented as aiding persons
1362 with, or compensating for, impaired hearing, to be worn by a
1363 hearing-impaired person to improve hearing.
1364 (9) “Over-the-counter hearing aid” means an air-conduction
1365 hearing aid that does not require implantation or other surgical
1366 intervention and is intended for use only by a person 18 years
1367 of age or older to compensate for perceived mild to moderate
1368 hearing impairment. The device, through tools, tests, or
1369 software, allows the user to control the hearing aid and
1370 customize it to the user’s hearing needs. The device may use
1371 wireless technology or may include tests for self-assessment of
1372 hearing loss. The device is available over-the-counter, without
1373 the supervision, prescription, or other order, involvement, or
1374 intervention of a licensed person, to consumers through in
1375 person transactions, by mail, or online, provided that the
1376 device satisfies the requirements of 21 C.F.R. parts 800, 801,
1377 and 874 (2022), which are specifically incorporated by reference
1378 herein.
1379 (10)(a)(6)(a) “Practice of audiology” means the application
1380 of principles, methods, and procedures for the prevention,
1381 identification, evaluation, consultation, habilitation,
1382 rehabilitation, instruction, treatment, and research, relative
1383 to hearing and the disorders of hearing, and to related language
1384 and speech disorders. “Disorders” are defined to include any and
1385 all conditions, whether of organic or nonorganic origin,
1386 peripheral or central, that impede the normal process of human
1387 communication, including, but not limited to, disorders of
1388 auditory sensitivity, acuity, function, or processing, or damage
1389 to the integrity of the physiological system.
1390 (b) Any audiologist who has complied with the provisions of
1391 this part may:
1392 1. Offer, render, plan, direct, conduct, consult, or
1393 supervise services to individuals or groups of individuals who
1394 have or are suspected of having disorders of hearing, including
1395 prevention, identification, evaluation, treatment, consultation,
1396 habilitation, rehabilitation, instruction, and research.
1397 2. Participate in hearing conservation, evaluation of noise
1398 environment, and noise control.
1399 3. Conduct and interpret tests of vestibular function and
1400 nystagmus, electrophysiologic auditory-evoked potentials,
1401 central auditory function, and calibration of measurement
1402 equipment used for such purposes.
1403 4. Habilitate and rehabilitate, including, but not limited
1404 to, prescription hearing aid evaluation, prescription,
1405 preparation, fitting and dispensing prescription hearing aids,
1406 assistive listening device selection and orientation, auditory
1407 training, aural habilitation, aural rehabilitation, speech
1408 conservation, and speechreading.
1409 5. Fabricate earmolds.
1410 6. Evaluate tinnitus.
1411 7. Include speech and language screening, limited to a
1412 pass/fail determination for identifying individuals with
1413 disorders of communication.
1414 (11)(a)(7)(a) “Practice of speech-language pathology” means
1415 the application of principles, methods, and procedures for the
1416 prevention, identification, evaluation, treatment, consultation,
1417 habilitation, rehabilitation, instruction, and research,
1418 relative to the development and disorders of human
1419 communication; to related oral and pharyngeal competencies; and
1420 to behavior related to disorders of human communication.
1421 “Disorders” are defined to include any and all conditions,
1422 whether of organic or nonorganic origin, that impede the normal
1423 process of human communication, including, but not limited to,
1424 disorders and related disorders of speech, phonology,
1425 articulation, fluency, voice, accent, verbal and written
1426 language and related nonoral/nonverbal forms of language,
1427 cognitive communication, auditory and visual processing, memory
1428 and comprehension, interactive communication, mastication,
1429 deglutition, and other oral, pharyngeal, and laryngeal
1430 sensorimotor competencies.
1431 (b) Any speech-language pathologist who has complied with
1432 the provisions of this part may:
1433 1. Offer, render, plan, direct, conduct, and supervise
1434 services to individuals or groups of individuals who have or are
1435 suspected of having disorders of human communication, including
1436 identification, evaluation, treatment, consultation,
1437 habilitation, rehabilitation, amelioration, instruction, and
1438 research.
1439 2. Determine the need for personal alternatives or
1440 augmentative systems, and recommend and train for the
1441 utilization of such systems.
1442 3. Perform a hearing screening, limited to a pass/fail
1443 determination, for the purpose of initial identification of
1444 communication disorders.
1445 (12) “Prescription hearing aid” means a hearing aid or
1446 sound amplifying device that is not an over-the-counter hearing
1447 aid. Hearing aids intended for use by persons younger than 18
1448 years of age must be prescription hearing aids.
1449 (13)(8) “Speech-language pathologist” means a person
1450 licensed under this part to practice speech pathology.
1451 (7)(9) “Direct supervision” means responsible supervision
1452 and control by a licensed speech-language pathologist who shall
1453 assume legal liability for the services rendered by any
1454 certified speech-language pathology assistant under the
1455 licensee’s supervision, or responsible supervision and control
1456 by a licensed audiologist who shall assume legal liability for
1457 the services rendered by any certified audiology assistant under
1458 the licensee’s supervision. Direct supervision shall require the
1459 physical presence of the licensed speech-language pathologist
1460 for consultation and direction of the actions of the certified
1461 speech-language pathology assistant, or the physical presence of
1462 the licensed audiologist for consultation and direction of the
1463 actions of the certified audiology assistant, unless the
1464 assistant is acting under protocols established by the board.
1465 The board shall establish rules further defining direct
1466 supervision of a certified speech-language pathology assistant
1467 or a certified audiology assistant.
1468 Section 20. Section 468.1225, Florida Statutes, is amended
1469 to read:
1470 468.1225 Procedures, equipment, and protocols.—
1471 (1) The following minimal procedures shall be used when a
1472 licensed audiologist fits and sells a prescription hearing aid:
1473 (a) Pure tone audiometric testing by air and bone to
1474 determine the type and degree of hearing deficiency when
1475 indicated.
1476 (b) Effective masking when indicated.
1477 (c) Appropriate testing to determine speech reception
1478 thresholds, speech discrimination scores, the most comfortable
1479 listening levels, uncomfortable loudness levels, and the
1480 selection of the best fitting arrangement for maximum hearing
1481 aid benefit when indicated.
1482 (2) The following equipment shall be used:
1483 (a) A wide range audiometer that which meets the
1484 specifications of the American National Standards Institute for
1485 diagnostic audiometers when indicated.
1486 (b) A speech audiometer or a master hearing aid in order to
1487 determine the most comfortable listening level and speech
1488 discrimination when indicated.
1489 (3) A final fitting ensuring physical and operational
1490 comfort of the prescription hearing aid shall be made when
1491 indicated.
1492 (4) A licensed audiologist who fits and sells prescription
1493 hearing aids shall obtain the following medical clearance: If,
1494 upon inspection of the ear canal with an otoscope in the common
1495 procedure of fitting a prescription hearing aid and upon
1496 interrogation of the client, there is any recent history of
1497 infection or any observable anomaly, the client shall be
1498 instructed to see a physician, and a prescription hearing aid
1499 may shall not be fitted until medical clearance is obtained for
1500 the condition noted. If, upon return, the condition noted is no
1501 longer observable and the client signs a medical waiver, a
1502 prescription hearing aid may be fitted. Any person with a
1503 significant difference between bone conduction hearing and air
1504 conduction hearing must be informed of the possibility of
1505 medical or surgical correction.
1506 (5)(a) A licensed audiologist’s office must have available,
1507 or have access to, a selection of prescription hearing aid
1508 models, hearing aid supplies, and services complete enough to
1509 accommodate the various needs of the hearing aid wearers.
1510 (b) At the time of the initial examination for fitting and
1511 sale of a prescription hearing aid, the attending audiologist
1512 must notify the prospective purchaser of the benefits of
1513 telecoil, also known as “t” coil or “t” switch, technology,
1514 including increased access to telephones and noninvasive access
1515 to assistive listening systems required under the Americans with
1516 Disabilities Act of 1990.
1517 (6) Unless otherwise indicated, each audiometric test
1518 conducted by a licensee or a certified audiology assistant in
1519 the fitting and selling of prescription hearing aids must shall
1520 be made in a testing room that has been certified by the
1521 department, or by an agent approved by the department, not to
1522 exceed the following sound pressure levels at the specified
1523 frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB,
1524 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB,
1525 and 8000Hz-67dB. An exception to this requirement shall be made
1526 in the case of a client who, after being provided written notice
1527 of the benefits and advantages of having the test conducted in a
1528 certified testing room, requests that the test be conducted in a
1529 place other than the licensee’s certified testing room. Such
1530 request must shall be documented by a waiver that which includes
1531 the written notice and is signed by the licensee and the client
1532 before prior to the testing. The waiver must shall be executed
1533 on a form provided by the department. The executed waiver must
1534 shall be attached to the client’s copy of the contract, and a
1535 copy of the executed waiver must shall be retained in the
1536 licensee’s file.
1537 (7) The board may shall have the power to prescribe the
1538 minimum procedures and equipment used in the conducting of
1539 hearing assessments and for the fitting and selling of
1540 prescription hearing aids. The board shall adopt and enforce
1541 rules necessary to implement carry out the provisions of this
1542 subsection and subsection (6).
1543 (8) Any duly authorized officer or employee of the
1544 department may shall have the right to make such inspections and
1545 investigations as are necessary in order to determine the state
1546 of compliance with the provisions of this section and the
1547 applicable rules and may enter the premises of a licensee and
1548 inspect the records of same upon reasonable belief that a
1549 violation of this law is being or has been committed or that the
1550 licensee has failed or is failing to comply with the provisions
1551 of this part.
1552 (9) Any hearing aid provided to a person younger than 18
1553 years of age must be a prescription hearing aid and may not be
1554 an over-the-counter hearing aid.
1555 Section 21. Section 468.1245, Florida Statutes, is amended
1556 to read:
1557 468.1245 Itemized listing of prices; delivery of
1558 prescription hearing aid; receipt; guarantee; packaging;
1559 disclaimer.—
1560 (1) Before Prior to delivery of services or products to a
1561 prospective purchaser, a licensee must shall disclose, upon
1562 request by the prospective purchaser, an itemized listing of
1563 prices, which must listing shall include separate price
1564 estimates for each service component and each product. Provision
1565 of such itemized listing of prices may shall not be predicated
1566 on the prospective purchaser’s payment of any charge or
1567 agreement to purchase any service or product.
1568 (2) Any licensee who fits and sells a prescription hearing
1569 aid shall, at the time of delivery, provide the purchaser with a
1570 receipt containing the seller’s signature, the address of his or
1571 her regular place of business, and his or her license or
1572 certification number, if applicable, together with the brand,
1573 model, manufacturer or manufacturer’s identification code, and
1574 serial number of the prescription hearing aid furnished and the
1575 amount charged for the prescription hearing aid. The receipt
1576 must also shall specify whether the prescription hearing aid is
1577 new, used, or rebuilt, and shall specify the length of time and
1578 other terms of the guarantee, and by whom the prescription
1579 hearing aid is guaranteed. When the client has requested an
1580 itemized list of prices, the receipt must shall also provide an
1581 itemization of the total purchase price, including, but not
1582 limited to, the cost of the aid, ear mold, batteries, and other
1583 accessories, and the cost of any services. Notice of the
1584 availability of this service must be displayed in a conspicuous
1585 manner in the office. The receipt must also shall state that any
1586 complaint concerning the prescription hearing aid and its
1587 guarantee, if not reconciled with the licensee from whom the
1588 prescription hearing aid was purchased, should be directed by
1589 the purchaser to the department. The address and telephone
1590 number of such office must shall be stated on the receipt.
1591 (3) A prescription No hearing aid may not be sold to any
1592 person unless both the packaging containing the prescription
1593 hearing aid and the contract provided pursuant to subsection (2)
1594 carry the following disclaimer in 10-point or larger type: “A
1595 hearing aid will not restore normal hearing, nor will it prevent
1596 further hearing loss.”
1597 Section 22. Section 468.1246, Florida Statutes, is amended
1598 to read:
1599 468.1246 Thirty-day trial period; purchaser’s right to
1600 cancel; notice; refund; cancellation fee.—
1601 (1) A person selling a prescription hearing aid in this
1602 state must provide the buyer with written notice of a 30-day
1603 trial period and money-back guarantee. The guarantee must permit
1604 the purchaser to cancel the purchase for a valid reason as
1605 defined by rule of the board within 30 days after receiving the
1606 prescription hearing aid, by returning the prescription hearing
1607 aid or mailing written notice of cancellation to the seller. If
1608 the prescription hearing aid must be repaired, remade, or
1609 adjusted during the 30-day trial period, the running of the 30
1610 day trial period is suspended 1 day for each 24-hour period that
1611 the prescription hearing aid is not in the purchaser’s
1612 possession. A repaired, remade, or adjusted prescription hearing
1613 aid must be claimed by the purchaser within 3 working days after
1614 notification of availability. The running of the 30-day trial
1615 period resumes on the day the purchaser reclaims a repaired,
1616 remade, or adjusted prescription hearing aid or on the 4th day
1617 after notification of availability.
1618 (2) The board, in consultation with the Board of Hearing
1619 Aid Specialists, shall prescribe by rule the terms and
1620 conditions to be contained in the money-back guarantee and any
1621 exceptions thereto. Such rule must shall provide, at a minimum,
1622 that the charges for earmolds and service provided to fit the
1623 prescription hearing aid may be retained by the licensee. The
1624 rules must shall also set forth any reasonable charges to be
1625 held by the licensee as a cancellation fee. Such rule shall be
1626 effective on or before December 1, 1994. Should the board fail
1627 to adopt such rule, a licensee may not charge a cancellation fee
1628 which exceeds 5 percent of the total charge for a hearing aid
1629 alone. The terms and conditions of the guarantee, including the
1630 total amount available for refund, must shall be provided in
1631 writing to the purchaser before prior to the signing of the
1632 contract.
1633 Section 23. Section 468.1255, Florida Statutes, is amended
1634 to read:
1635 468.1255 Cancellation by medical authorization; purchaser’s
1636 right to return.—
1637 (1) In addition to any other rights and remedies the
1638 purchaser of a prescription hearing aid may have, the purchaser
1639 has shall have the right to rescind the transaction if the
1640 purchaser for whatever reason consults a licensed physician with
1641 specialty board certification in otolaryngology or internal
1642 medicine or a licensed family practice physician, subsequent to
1643 purchasing a prescription hearing aid, and the physician
1644 certifies in writing that the purchaser has a hearing impairment
1645 for which a prescription hearing aid will not provide a benefit
1646 or that the purchaser has a medical condition which
1647 contraindicates the use of a prescription hearing aid.
1648 (2) The purchaser of a prescription hearing aid has shall
1649 have the right to rescind as provided in subsection (1) only if
1650 the purchaser gives a written notice of the intent to rescind
1651 the transaction to the seller at the seller’s place of business
1652 by certified mail, return receipt requested, which notice shall
1653 be posted not later than 60 days following the date of delivery
1654 of the prescription hearing aid to the purchaser, and the
1655 purchaser returns the prescription hearing aid to the seller in
1656 the original condition less normal wear and tear.
1657 (3) If the conditions of subsections (1) and (2) are met,
1658 the seller must shall, without request, refund to the purchaser,
1659 within 10 days after of the receipt of notice to rescind, a full
1660 and complete refund of all moneys received, less 5 percent. The
1661 purchaser does not shall incur any no additional liability for
1662 rescinding the transaction.
1663 Section 24. Section 468.1265, Florida Statutes, is amended
1664 to read:
1665 468.1265 Sale or distribution of prescription hearing aids
1666 through mail; penalty.—It is unlawful for any person to sell or
1667 distribute prescription hearing aids through the mail to the
1668 ultimate consumer. Any person who violates this section commits
1669 a misdemeanor of the second degree, punishable as provided in s.
1670 775.082 or s. 775.083.
1671 Section 25. Section 468.1275, Florida Statutes, is amended
1672 to read:
1673 468.1275 Place of business; display of license.—Each
1674 licensee who fits and sells a prescription hearing aid shall
1675 declare and establish a regular place of business, at which his
1676 or her license shall be conspicuously displayed.
1677 Section 26. Section 484.0401, Florida Statutes, is amended
1678 to read:
1679 484.0401 Purpose.—The Legislature recognizes that the
1680 dispensing of prescription hearing aids requires particularized
1681 knowledge and skill to ensure that the interests of the hearing
1682 impaired public will be adequately served and safely protected.
1683 It recognizes that a poorly selected or fitted prescription
1684 hearing aid not only will give little satisfaction but may
1685 interfere with hearing ability and, therefore, deems it
1686 necessary in the interest of the public health, safety, and
1687 welfare to regulate the dispensing of prescription hearing aids
1688 in this state. Restrictions on the fitting and selling of
1689 prescription hearing aids shall be imposed only to the extent
1690 necessary to protect the public from physical and economic harm,
1691 and restrictions shall not be imposed in a manner which will
1692 unreasonably affect the competitive market.
1693 Section 27. Section 484.041, Florida Statutes, is reordered
1694 and amended to read:
1695 484.041 Definitions.—As used in this part, the term:
1696 (1) “Air-conduction hearing aid” means a hearing aid that
1697 conducts sound to the ear through the air.
1698 (2) “Board” means the Board of Hearing Aid Specialists.
1699 (3)(2) “Department” means the Department of Health.
1700 (4)(3) “Dispensing prescription hearing aids” means and
1701 includes:
1702 (a) Conducting and interpreting hearing tests for purposes
1703 of selecting suitable prescription hearing aids, making earmolds
1704 or ear impressions, and providing appropriate counseling.
1705 (b) All acts pertaining to the selling, renting, leasing,
1706 pricing, delivery, and warranty of prescription hearing aids.
1707 (7)(4) “Hearing aid specialist” means a person duly
1708 licensed in this state to practice the dispensing of
1709 prescription hearing aids.
1710 (5) “Hearing aid” means any wearable an amplifying device
1711 designed for, offered for the purpose of, or represented as
1712 aiding persons with, or compensating for, impaired hearing to be
1713 worn by a hearing-impaired person to improve hearing.
1714 (11)(6) “Trainee” means a person studying prescription
1715 hearing aid dispensing under the direct supervision of an active
1716 licensed hearing aid specialist for the purpose of qualifying
1717 for certification to sit for the licensure examination.
1718 (6)(7) “Hearing aid establishment” means any establishment
1719 in this the state which employs a licensed hearing aid
1720 specialist who offers, advertises, and performs hearing aid
1721 services for the general public.
1722 (8) “Over-the-counter hearing aid” means an air-conduction
1723 hearing aid that does not require implantation or other surgical
1724 intervention and is intended for use only by a person 18 years
1725 of age or older to compensate for perceived mild to moderate
1726 hearing impairment. The device, through tools, tests, or
1727 software, allows the user to control the hearing aid and
1728 customize it to the user’s hearing needs. The device may use
1729 wireless technology or may include tests for self-assessment of
1730 hearing loss. The device is available over-the-counter, without
1731 the supervision, prescription, or other order, involvement, or
1732 intervention of a licensed person, to consumers through in
1733 person transactions, by mail, or online, provided that the
1734 device satisfies the requirements of 21 C.F.R. parts 800, 801,
1735 and 874 (2022), which are specifically incorporated by reference
1736 herein.
1737 (9) “Prescription hearing aid” means a hearing aid or sound
1738 amplifying device that is not an over-the-counter hearing aid.
1739 Hearing aids intended for use by persons younger than 18 years
1740 of age must be prescription hearing aids.
1741 (10) “Sponsor” means an active, licensed hearing aid
1742 specialist under whose direct supervision one or more trainees
1743 are studying prescription hearing aid dispensing for the purpose
1744 of qualifying for certification to sit for the licensure
1745 examination.
1746 Section 28. Subsection (2) of section 484.042, Florida
1747 Statutes, is amended to read:
1748 484.042 Board of Hearing Aid Specialists; membership,
1749 appointment, terms.—
1750 (2) Five members of the board shall be hearing aid
1751 specialists who have been licensed and practicing the dispensing
1752 of prescription hearing aids in this state for at least the
1753 preceding 4 years. The remaining four members, none of whom
1754 shall derive economic benefit from the fitting or dispensing of
1755 hearing aids, shall be appointed from the resident lay public of
1756 this state. One of the lay members shall be a prescription
1757 hearing aid user but may not neither be nor have been a hearing
1758 aid specialist or a licensee of a closely related profession.
1759 One lay member shall be an individual age 65 or over. One lay
1760 member shall be an otolaryngologist licensed pursuant to chapter
1761 458 or chapter 459.
1762 Section 29. Subsection (2) of section 484.044, Florida
1763 Statutes, is amended to read:
1764 484.044 Authority to make rules.—
1765 (2) The board shall adopt rules requiring that each
1766 prospective purchaser of a prescription hearing aid be notified
1767 by the attending hearing aid specialist, at the time of the
1768 initial examination for fitting and sale of a hearing aid, of
1769 telecoil, “t” coil, or “t” switch technology. The rules shall
1770 further require that hearing aid specialists make available to
1771 prospective purchasers or clients information regarding
1772 telecoils, “t” coils, or “t” switches. These rules shall be
1773 effective on or before October 1, 1994.
1774 Section 30. Subsection (2) of section 484.0445, Florida
1775 Statutes, is amended to read:
1776 484.0445 Training program.—
1777 (2) A trainee shall perform the functions of a hearing aid
1778 specialist in accordance with board rules only under the direct
1779 supervision of a licensed hearing aid specialist. The term
1780 “direct supervision” means that the sponsor is responsible for
1781 all work being performed by the trainee. The sponsor or a
1782 hearing aid specialist designated by the sponsor shall give
1783 final approval to work performed by the trainee and shall be
1784 physically present at the time the prescription hearing aid is
1785 delivered to the client.
1786 Section 31. Subsection (2) of section 484.045, Florida
1787 Statutes, is amended to read:
1788 484.045 Licensure by examination.—
1789 (2) The department shall license each applicant who the
1790 board certifies meets all of the following criteria:
1791 (a) Has completed the application form and remitted the
1792 required fees.;
1793 (b) Is of good moral character.;
1794 (c) Is 18 years of age or older.;
1795 (d) Is a graduate of an accredited high school or its
1796 equivalent.;
1797 (e)1. Has met the requirements of the training program; or
1798 2.a. Has a valid, current license as a hearing aid
1799 specialist or its equivalent from another state and has been
1800 actively practicing in such capacity for at least 12 months; or
1801 b. Is currently certified by the National Board for
1802 Certification in Hearing Instrument Sciences and has been
1803 actively practicing for at least 12 months.;
1804 (f) Has passed an examination, as prescribed by board
1805 rule.; and
1806 (g) Has demonstrated, in a manner designated by rule of the
1807 board, knowledge of state laws and rules relating to the fitting
1808 and dispensing of prescription hearing aids.
1809 Section 32. Section 484.0501, Florida Statutes, is amended
1810 to read:
1811 484.0501 Minimal procedures and equipment.—
1812 (1) The following minimal procedures shall be used in the
1813 fitting and selling of prescription hearing aids:
1814 (a) Pure tone audiometric testing by air and bone to
1815 determine the type and degree of hearing deficiency.
1816 (b) Effective masking when indicated.
1817 (c) Appropriate testing to determine speech reception
1818 thresholds, speech discrimination scores, the most comfortable
1819 listening levels, uncomfortable loudness levels, and the
1820 selection of the best fitting arrangement for maximum hearing
1821 aid benefit.
1822 (2) The following equipment shall be used:
1823 (a) A wide range audiometer that which meets the
1824 specifications of the American National Standards Institute for
1825 diagnostic audiometers.
1826 (b) A speech audiometer or a master hearing aid in order to
1827 determine the most comfortable listening level and speech
1828 discrimination.
1829 (3) A final fitting ensuring physical and operational
1830 comfort of the prescription hearing aid shall be made.
1831 (4) The following medical clearance shall be obtained: If,
1832 upon inspection of the ear canal with an otoscope in the common
1833 procedure of a prescription hearing aid fitter and upon
1834 interrogation of the client, there is any recent history of
1835 infection or any observable anomaly, the client must shall be
1836 instructed to see a physician, and a prescription hearing aid
1837 may shall not be fitted until medical clearance is obtained for
1838 the condition noted. If, upon return, the condition noted is no
1839 longer observable and the client signs a medical waiver, a
1840 prescription hearing aid may be fitted. Any person with a
1841 significant difference between bone conduction hearing and air
1842 conduction hearing must be informed of the possibility of
1843 medical correction.
1844 (5)(a) A prescription hearing aid establishment office must
1845 have available, or have access to, a selection of prescription
1846 hearing aid models, hearing aid supplies, and services complete
1847 enough to accommodate the various needs of the prescription
1848 hearing aid wearers.
1849 (b) At the time of the initial examination for fitting and
1850 sale of a prescription hearing aid, the attending hearing aid
1851 specialist shall must notify the prospective purchaser or client
1852 of the benefits of telecoil, “t” coil, or “t” switch technology,
1853 including increased access to telephones and noninvasive access
1854 to assistive listening systems required under the Americans with
1855 Disabilities Act of 1990.
1856 (6) Each audiometric test conducted by a licensee or
1857 authorized trainee in the fitting and selling of prescription
1858 hearing aids must shall be made in a testing room that has been
1859 certified by the department, or by an agent approved by the
1860 department, not to exceed the following sound pressure levels at
1861 the specified frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB,
1862 1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB,
1863 6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement
1864 shall be made in the case of a client who, after being provided
1865 written notice of the benefits and advantages of having the test
1866 conducted in a certified testing room, requests that the test be
1867 conducted in a place other than the licensee’s certified testing
1868 room. Such request must shall be documented by a waiver which
1869 includes the written notice and is signed by the licensee and
1870 the client before prior to the testing. The waiver must shall be
1871 executed on a form provided by the department. The executed
1872 waiver must shall be attached to the client’s copy of the
1873 contract, and a copy of the executed waiver must shall be
1874 retained in the licensee’s file.
1875 (7) The board may shall have the power to prescribe the
1876 minimum procedures and equipment which must shall be used in the
1877 conducting of hearing assessments, and for the fitting and
1878 selling of prescription hearing aids, including equipment that
1879 will measure the prescription hearing aid’s response curves to
1880 ensure that they meet the manufacturer’s specifications. These
1881 procedures and equipment may differ from those provided in this
1882 section in order to take full advantage of devices and equipment
1883 which may hereafter become available and which are demonstrated
1884 to be of greater efficiency and accuracy. The board shall adopt
1885 and enforce rules necessary to implement carry out the
1886 provisions of this subsection and subsection (6).
1887 (8) Any duly authorized officer or employee of the
1888 department may shall have the right to make such inspections and
1889 investigations as are necessary in order to determine the state
1890 of compliance with the provisions of this section and the
1891 applicable rules and may enter the premises of a licensee and
1892 inspect the records of same upon reasonable belief that a
1893 violation of this law is being or has been committed or that the
1894 licensee has failed or is failing to comply with the provisions
1895 of this part act.
1896 (9) A licensed hearing aid specialist may fit, sell,
1897 dispense, service, market, provide customer support for, and
1898 distribute prescription and over-the-counter hearing aids.
1899 However, over-the-counter hearing aids may be provided only to
1900 persons 18 years of age or older.
1901 Section 33. Section 484.051, Florida Statutes, is amended
1902 to read:
1903 484.051 Itemization of prices; delivery of prescription
1904 hearing aid; receipt, packaging, disclaimer, guarantee.—
1905 (1) Before Prior to delivery of services or products to a
1906 prospective purchaser, any person who fits and sells
1907 prescription hearing aids must shall disclose on request by the
1908 prospective purchaser an itemized listing of prices, which must
1909 listing shall include separate price estimates for each service
1910 component and each product. Provision of such itemized listing
1911 of prices may shall not be predicated on the prospective
1912 purchaser’s payment of any charge or agreement to purchase any
1913 service or product.
1914 (2) Any person who fits and sells a prescription hearing
1915 aid must shall, at the time of delivery, provide the purchaser
1916 with a receipt containing the seller’s signature, the address of
1917 her or his regular place of business, and her or his license or
1918 trainee registration number, if applicable, together with the
1919 brand, model, manufacturer or manufacturer’s identification
1920 code, and serial number of the prescription hearing aid
1921 furnished and the amount charged for the prescription hearing
1922 aid. The receipt must also shall specify whether the
1923 prescription hearing aid is new, used, or rebuilt, and shall
1924 specify the length of time and other terms of the guarantee, and
1925 by whom the prescription hearing aid is guaranteed. If When the
1926 client has requested an itemized list of prices, the receipt
1927 must shall also provide an itemization of the total purchase
1928 price, including, but not limited to, the cost of the aid,
1929 earmold, batteries and other accessories, and any services.
1930 Notice of the availability of this service shall be displayed in
1931 a conspicuous manner in the office. The receipt must also shall
1932 state that any complaint concerning the prescription hearing aid
1933 and guarantee therefor, if not reconciled with the licensee from
1934 whom the prescription hearing aid was purchased, should be
1935 directed by the purchaser to the Department of Health. The
1936 address and telephone number of such office must shall be stated
1937 on the receipt.
1938 (3) A prescription No hearing aid may not be sold to any
1939 person unless both the packaging containing the prescription
1940 hearing aid and the itemized receipt provided pursuant to
1941 subsection (2) carry the following disclaimer in 10-point or
1942 larger type: “A hearing aid will not restore normal hearing, nor
1943 will it prevent further hearing loss.”
1944 Section 34. Section 484.0512, Florida Statutes, is amended
1945 to read:
1946 484.0512 Thirty-day trial period; purchaser’s right to
1947 cancel; notice; refund; cancellation fee; criminal penalty.—
1948 (1) A person selling a prescription hearing aid in this
1949 state must provide the buyer with written notice of a 30-day
1950 trial period and money-back guarantee. The guarantee must permit
1951 the purchaser to cancel the purchase for a valid reason, as
1952 defined by rule of the board rule, within 30 days after
1953 receiving the prescription hearing aid, by returning the
1954 prescription hearing aid or mailing written notice of
1955 cancellation to the seller. If the prescription hearing aid must
1956 be repaired, remade, or adjusted during the 30-day trial period,
1957 the running of the 30-day trial period is suspended 1 day for
1958 each 24-hour period that the prescription hearing aid is not in
1959 the purchaser’s possession. A repaired, remade, or adjusted
1960 prescription hearing aid must be claimed by the purchaser within
1961 3 working days after notification of availability. The running
1962 of the 30-day trial period resumes on the day the purchaser
1963 reclaims the repaired, remade, or adjusted prescription hearing
1964 aid or on the fourth day after notification of availability,
1965 whichever occurs earlier.
1966 (2) The board, in consultation with the Board of Speech
1967 Language Pathology and Audiology, shall prescribe by rule the
1968 terms and conditions to be contained in the money-back guarantee
1969 and any exceptions thereto. Such rules must rule shall provide,
1970 at a minimum, that the charges for earmolds and service provided
1971 to fit the prescription hearing aid may be retained by the
1972 licensee. The rules must shall also set forth any reasonable
1973 charges to be held by the licensee as a cancellation fee. Such
1974 rule shall be effective on or before December 1, 1994. Should
1975 the board fail to adopt such rule, a licensee may not charge a
1976 cancellation fee which exceeds 5 percent of the total charge for
1977 a hearing aid alone. The terms and conditions of the guarantee,
1978 including the total amount available for refund, must shall be
1979 provided in writing to the purchaser before prior to the signing
1980 of the contract.
1981 (3) Within 30 days after the return or attempted return of
1982 the prescription hearing aid, the seller shall refund all moneys
1983 that must be refunded to a purchaser pursuant to this section. A
1984 violation of this subsection is a misdemeanor of the first
1985 degree, punishable as provided in s. 775.082 or s. 775.083.
1986 (4) For purposes of this section, the term “seller” or
1987 “person selling a prescription hearing aid” includes:
1988 (a) Any natural person licensed under this part or any
1989 other natural person who signs a sales receipt required by s.
1990 484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or
1991 dispenses a prescription hearing aid.
1992 (b) Any business organization, whether a sole
1993 proprietorship, partnership, corporation, professional
1994 association, joint venture, business trust, or other legal
1995 entity, that which dispenses a prescription hearing aid or
1996 enters into an agreement to dispense a prescription hearing aid.
1997 (c) Any person who controls, manages, or operates an
1998 establishment or business that dispenses a prescription hearing
1999 aid or enters into an agreement to dispense a prescription
2000 hearing aid.
2001 Section 35. Section 484.0513, Florida Statutes, is amended
2002 to read:
2003 484.0513 Cancellation by medical authorization; purchaser’s
2004 right to return.—
2005 (1) In addition to any other rights and remedies the
2006 purchaser of a prescription hearing aid may have, the purchaser
2007 has shall have the right to rescind the transaction if the
2008 purchaser for whatever reason consults a licensed physician with
2009 specialty board certification in otolaryngology or internal
2010 medicine or a licensed family practice physician, subsequent to
2011 purchasing a prescription hearing aid, and the physician
2012 certifies in writing that the purchaser has a hearing impairment
2013 for which a prescription hearing aid will not provide a benefit
2014 or that the purchaser has a medical condition which
2015 contraindicates the use of a prescription hearing aid.
2016 (2) The purchaser of a prescription hearing aid has shall
2017 have the right to rescind as provided in subsection (1) only if
2018 the purchaser gives a written notice of the intent to rescind
2019 the transaction to the seller at the seller’s place of business
2020 by certified mail, return receipt requested, which must notice
2021 shall be posted within not later than 60 days after following
2022 the date of delivery of the prescription hearing aid to the
2023 purchaser, and the purchaser returns the prescription hearing
2024 aid to the seller in the original condition less normal wear and
2025 tear.
2026 (3) If the conditions of subsections (1) and (2) are met,
2027 the seller must shall, without request, refund to the purchaser,
2028 within 10 days after of the receipt of the notice to rescind, a
2029 full and complete refund of all moneys received, less 5 percent.
2030 The purchaser does not shall incur any no additional liability
2031 for rescinding the transaction.
2032 Section 36. Section 484.053, Florida Statutes, is amended
2033 to read:
2034 484.053 Prohibitions; penalties.—
2035 (1) A person may not:
2036 (a) Practice dispensing prescription hearing aids unless
2037 the person is a licensed hearing aid specialist;
2038 (b) Use the name or title “hearing aid specialist” when the
2039 person has not been licensed under this part;
2040 (c) Present as her or his own the license of another;
2041 (d) Give false, incomplete, or forged evidence to the board
2042 or a member thereof for the purposes of obtaining a license;
2043 (e) Use or attempt to use a hearing aid specialist license
2044 that is delinquent or has been suspended, revoked, or placed on
2045 inactive status;
2046 (f) Knowingly employ unlicensed persons in the practice of
2047 dispensing prescription hearing aids; or
2048 (g) Knowingly conceal information relative to violations of
2049 this part.
2050 (2) Any person who violates any provision of the provisions
2051 of this section is guilty of a felony of the third degree,
2052 punishable as provided in s. 775.082 or s. 775.083.
2053 (3) If a person licensed under this part allows the sale of
2054 a prescription hearing aid by an unlicensed person not
2055 registered as a trainee or fails to comply with the requirements
2056 of s. 484.0445(2) relating to supervision of trainees, the board
2057 must shall, upon determination of that violation, order the full
2058 refund of moneys paid by the purchaser upon return of the
2059 prescription hearing aid to the seller’s place of business.
2060 Section 37. Section 484.054, Florida Statutes, is amended
2061 to read:
2062 484.054 Sale or distribution of prescription hearing aids
2063 through mail; penalty.—It is unlawful for any person to sell or
2064 distribute prescription hearing aids through the mail to the
2065 ultimate consumer. Any violation of this section constitutes a
2066 misdemeanor of the second degree, punishable as provided in s.
2067 775.082 or s. 775.083.
2068 Section 38. Section 484.059, Florida Statutes, is amended
2069 to read:
2070 484.059 Exemptions.—
2071 (1) The licensure requirements of this part do not apply to
2072 any person engaged in recommending prescription hearing aids as
2073 part of the academic curriculum of an accredited institution of
2074 higher education, or as part of a program conducted by a public
2075 charitable institution supported primarily by voluntary
2076 contribution, provided this organization does not dispense or
2077 sell prescription hearing aids or accessories.
2078 (2) The licensure requirements of this part do not apply to
2079 any person licensed to practice medicine in this the state,
2080 except that such physician must shall comply with the
2081 requirement of periodic filing of the certificate of testing and
2082 calibration of audiometric equipment as provided in this part. A
2083 No person employed by or working under the supervision of a
2084 person licensed to practice medicine may not shall perform any
2085 services or acts which would constitute the dispensing of
2086 prescription hearing aids as defined in s. 484.041 s.
2087 484.041(3), unless such person is a licensed hearing aid
2088 specialist.
2089 (3) The licensure requirements of this part do not apply to
2090 an audiologist licensed under pursuant to part I of chapter 468.
2091 (4) Section The provisions of s. 484.053(1)(a) does shall
2092 not apply to registered trainees operating in compliance with
2093 this part and board rules of the board.
2094 (5) The licensure requirements of this part do not apply to
2095 a person who fits, sells, dispenses, services, markets, provides
2096 customer support for, or distributes exclusively over-the
2097 counter hearing aids.
2098 Section 39. Paragraph (b) of subsection (4) of section
2099 1002.394, Florida Statutes, is amended to read:
2100 1002.394 The Family Empowerment Scholarship Program.—
2101 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
2102 (b) Program funds awarded to a student with a disability
2103 determined eligible pursuant to paragraph (3)(b) may be used for
2104 the following purposes:
2105 1. Instructional materials, including digital devices,
2106 digital periphery devices, and assistive technology devices that
2107 allow a student to access instruction or instructional content
2108 and training on the use of and maintenance agreements for these
2109 devices.
2110 2. Curriculum as defined in subsection (2).
2111 3. Specialized services by approved providers or by a
2112 hospital in this state which are selected by the parent. These
2113 specialized services may include, but are not limited to:
2114 a. Applied behavior analysis services as provided in ss.
2115 627.6686 and 641.31098.
2116 b. Services provided by speech-language pathologists as
2117 defined in s. 468.1125 s. 468.1125(8).
2118 c. Occupational therapy as defined in s. 468.203.
2119 d. Services provided by physical therapists as defined in
2120 s. 486.021(8).
2121 e. Services provided by listening and spoken language
2122 specialists and an appropriate acoustical environment for a
2123 child who has a hearing impairment, including deafness, and who
2124 has received an implant or assistive hearing device.
2125 4. Tuition or fees associated with full-time or part-time
2126 enrollment in a home education program, an eligible private
2127 school, an eligible postsecondary educational institution or a
2128 program offered by the postsecondary educational institution, a
2129 private tutoring program authorized under s. 1002.43, a virtual
2130 program offered by a department-approved private online provider
2131 that meets the provider qualifications specified in s.
2132 1002.45(2)(a), the Florida Virtual School as a private paying
2133 student, or an approved online course offered pursuant to s.
2134 1003.499 or s. 1004.0961.
2135 5. Fees for nationally standardized, norm-referenced
2136 achievement tests, Advanced Placement Examinations, industry
2137 certification examinations, assessments related to postsecondary
2138 education, or other assessments.
2139 6. Contributions to the Stanley G. Tate Florida Prepaid
2140 College Program pursuant to s. 1009.98 or the Florida College
2141 Savings Program pursuant to s. 1009.981 for the benefit of the
2142 eligible student.
2143 7. Contracted services provided by a public school or
2144 school district, including classes. A student who receives
2145 services under a contract under this paragraph is not considered
2146 enrolled in a public school for eligibility purposes as
2147 specified in subsection (6).
2148 8. Tuition and fees for part-time tutoring services
2149 provided by a person who holds a valid Florida educator’s
2150 certificate pursuant to s. 1012.56, a person who holds an
2151 adjunct teaching certificate pursuant to s. 1012.57, a person
2152 who has a bachelor’s degree or a graduate degree in the subject
2153 area in which instruction is given, a person who has
2154 demonstrated a mastery of subject area knowledge pursuant to s.
2155 1012.56(5), or a person certified by a nationally or
2156 internationally recognized research-based training program as
2157 approved by the department. As used in this paragraph, the term
2158 “part-time tutoring services” does not qualify as regular school
2159 attendance as defined in s. 1003.01(13)(e).
2160 9. Fees for specialized summer education programs.
2161 10. Fees for specialized after-school education programs.
2162 11. Transition services provided by job coaches.
2163 12. Fees for an annual evaluation of educational progress
2164 by a state-certified teacher under s. 1002.41(1)(f), if this
2165 option is chosen for a home education student.
2166 13. Tuition and fees associated with programs offered by
2167 Voluntary Prekindergarten Education Program providers approved
2168 pursuant to s. 1002.55 and school readiness providers approved
2169 pursuant to s. 1002.88.
2170 14. Fees for services provided at a center that is a member
2171 of the Professional Association of Therapeutic Horsemanship
2172 International.
2173 15. Fees for services provided by a therapist who is
2174 certified by the Certification Board for Music Therapists or
2175 credentialed by the Art Therapy Credentials Board, Inc.
2176 Section 40. The Division of Law Revision is directed to
2177 replace the phrase “the effective date of this act” wherever it
2178 occurs in this act with the date the act becomes a law.
2179 Section 41. Except as otherwise expressly provided in this
2180 act and except for this section, which shall take effect upon
2181 this act becoming a law, this act shall take effect July 1,
2182 2023.