Florida Senate - 2024 SB 1600
By Senator Collins
14-00079E-24 20241600__
1 A bill to be entitled
2 An act relating to interstate mobility; creating s.
3 455.2135, F.S.; requiring the respective boards of
4 occupations, or the Department of Business and
5 Professional Regulation if there is no board, to allow
6 licensure by endorsement if the applicant meets
7 certain criteria; requiring applicants of professions
8 that require fingerprints for criminal history checks
9 to submit such fingerprints before the board or
10 department issues a license by endorsement; requiring
11 the department, and authorizing the board, to review
12 the results of the criminal history checks according
13 to specific criteria to determine if the applicants
14 meet the requirements for licensure; requiring that
15 the costs associated with fingerprint processing be
16 borne by the applicant; if fingerprints are submitted
17 through an authorized agency or vendor, requiring such
18 agency or vendor to collect the processing fees and
19 remit them to the Department of Law Enforcement;
20 providing an exemption; creating s. 456.0145, F.S.;
21 providing a short title; requiring the applicable
22 health care regulatory boards, or the Department of
23 Health if there is no board, to issue a license or
24 certificate to applicants who meet specified
25 conditions; defining the term “scope of practice”;
26 requiring the department to verify certain information
27 using the National Practitioner Data Bank, as
28 applicable; specifying circumstances under which a
29 person is ineligible for a license; authorizing boards
30 or the department, as applicable, to revoke a license
31 upon a specified finding; requiring boards or the
32 department, as applicable, to issue licenses within a
33 specified timeframe; authorizing boards or the
34 department, as applicable, to require that applicants
35 successfully complete a jurisprudential examination
36 under certain circumstances; requiring the department
37 to submit an annual report to the Governor and the
38 Legislature by a specified date; providing
39 requirements for the report; requiring the boards and
40 the department, as applicable, to adopt certain rules
41 within a specified timeframe; amending ss. 457.105,
42 458.313, 464.009, 465.0075, 467.0125, 468.1185,
43 468.1705, 468.213, 468.3065, 468.358, 468.513, 478.47,
44 480.041, 484.007, 486.081, 486.107, 490.006, and
45 491.006, F.S.; revising licensure by endorsement
46 requirements for the practice of acupuncture,
47 medicine, professional or practical nursing, pharmacy,
48 midwifery, speech-language pathology and audiology,
49 nursing home administration, occupational therapy,
50 radiology, respiratory therapy, dietetics and
51 nutrition, electrology, massage therapy, opticianry,
52 physical therapy, physical therapist assistantship,
53 psychology and school psychology, and clinical social
54 work, marriage and family therapy, and mental health
55 counseling, respectively; amending ss. 486.031 and
56 486.102, F.S.; conforming provisions to changes made
57 by the act; authorizing the boards and the Department
58 of Health, as applicable, to continue processing
59 applications for licensure by endorsement, as
60 authorized under the Florida Statutes (2023), for a
61 specified timeframe; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Section 455.2135, Florida Statutes, is created
66 to read:
67 455.2135 Interstate mobility.—
68 (1) When endorsement based on years of licensure is not
69 otherwise provided by law in the practice act for a profession,
70 the board, or the department if there is no board, shall allow
71 licensure by endorsement for any individual applying who:
72 (a) Has held a valid, current license to practice the
73 profession issued by another state or territory of the United
74 States for at least 5 years before the date of application and
75 is applying for the same or similar license in this state;
76 (b) Submits an application either when the license in
77 another state or territory is active or within 2 years after
78 such license was last active;
79 (c) Has passed the recognized national licensing exam, if
80 such exam is established as a requirement for licensure in the
81 profession;
82 (d) Has no pending disciplinary actions and all sanctions
83 of any prior disciplinary actions have been satisfied;
84 (e) Shows proof of compliance with any federal regulation,
85 training, or certification, if the board or the department
86 requires such proof, regarding licensure in the profession;
87 (f) Completes Florida-specific continuing education courses
88 or passes a jurisprudential examination specific to the state
89 laws and rules for the applicable profession as established by
90 the board or department; and
91 (g) Complies with any insurance or bonding requirements as
92 required for the profession.
93 (2) If the practice act for a profession requires the
94 submission of fingerprints, the applicant must submit a complete
95 set of fingerprints to the Department of Law Enforcement for a
96 statewide criminal history check. The Department of Law
97 Enforcement shall forward the fingerprints to the Federal Bureau
98 of Investigation for a national criminal history check. The
99 department shall, and the board may, review the results of the
100 criminal history checks according to the level 2 screening
101 standards in s. 435.04 and determine whether the applicant meets
102 the licensure requirements. The costs of fingerprint processing
103 are borne by the applicant. If the applicant’s fingerprints are
104 submitted through an authorized agency or vendor, the agency or
105 vendor must collect the required processing fees and remit the
106 fees to the Department of Law Enforcement.
107 (3) This section does not apply to harbor pilots licensed
108 under chapter 310.
109 Section 2. Section 456.0145, Florida Statutes, is created
110 to read:
111 456.0145 Mobile Opportunity by Interstate Licensure
112 Endorsement (MOBILE) Act.—
113 (1) SHORT TITLE.—This section may be cited as the “Mobile
114 Opportunity by Interstate Licensure Endorsement Act” or the
115 “MOBILE Act.”
116 (2) LICENSURE BY ENDORSEMENT.—
117 (a) An applicable board, or the department if there is no
118 board, shall issue a license or certificate to practice in this
119 state to an applicant who meets all of the following criteria:
120 1. Submits a completed application.
121 2. Holds an active, unencumbered license issued by another
122 state, the District of Columbia, or a possession or territory of
123 the United States in a profession with a similar scope of
124 practice, as determined by the board or department, as
125 applicable. As used in this subparagraph, the term “scope of
126 practice” means the full spectrum of functions, procedures,
127 actions, and services that a health care practitioner is deemed
128 competent and authorized to perform under a license issued in
129 this state.
130 3.a. Has obtained a passing score on a national licensure
131 examination or holds a national certification recognized by the
132 board, or the department if there is no board, as applicable to
133 the profession for which the applicant is seeking licensure in
134 this state; or
135 b. Meets the requirements of paragraph (b).
136 4. Has actively practiced the profession for which the
137 applicant is applying for at least 3 years during the 4-year
138 period immediately preceding the date of submission of the
139 application.
140 5. Attests that he or she is not, at the time of submission
141 of the application, the subject of a disciplinary proceeding in
142 a jurisdiction in which he or she holds a license or by the
143 United States Department of Defense for reasons related to the
144 practice of the profession for which he or she is applying.
145 6. Has not had professional disciplinary action taken
146 against him or her in the 7 years immediately preceding the date
147 of submission of the application.
148 7. Meets the financial responsibility requirements of s.
149 456.048 or the applicable practice act, if required for the
150 profession for which the applicant is seeking licensure.
151 8. Submits a set of fingerprints for a background check
152 pursuant to s. 456.0135 or the applicable practice act, if
153 required for the profession for which he or she is applying.
154
155 The department shall verify information submitted by the
156 applicant under this subsection using the National Practitioner
157 Data Bank, as applicable.
158 (b) An applicant for a profession that does not require a
159 national examination or national certification is eligible for
160 licensure if an applicable board, or the department if there is
161 no board, determines that the jurisdiction in which the
162 applicant currently holds an active, unencumbered license meets
163 established minimum education requirements and, if applicable,
164 examination, work experience, and clinical supervision
165 requirements that are substantially similar to the requirements
166 for licensure in that profession in this state.
167 (c) A person is ineligible for a license under this section
168 if the applicant:
169 1. Has a complaint, an allegation, or an investigation
170 pending before a licensing entity in another state, the District
171 of Columbia, or a possession or territory of the United States;
172 2. Has been convicted of or pled nolo contendere to,
173 regardless of adjudication, any felony or misdemeanor related to
174 the practice of a health care profession;
175 3. Has had a health care provider license revoked or
176 suspended by another state, the District of Columbia, or a
177 possession or territory of the United States, or has voluntarily
178 surrendered any such license;
179 4. Has been reported to the National Practitioner Data
180 Bank, unless the applicant has successfully appealed to have his
181 or her name removed from the data bank; or
182 5. Has previously failed the Florida examination required
183 to receive a license to practice the profession for which the
184 applicant is seeking a license.
185 (d) The board, or the department if there is no board, may
186 revoke a license upon finding that the licensee provided false
187 or misleading material information or intentionally omitted
188 material information in an application for licensure.
189 (e) The board, or the department if there is no board,
190 shall issue a license within 15 days after receipt of all
191 documentation required for an application.
192 (3) STATE EXAMINATION.—The board, or the department if
193 there is no board, may require an applicant to successfully
194 complete a jurisprudential examination specific to state laws
195 and rules for the applicable profession, if this chapter or the
196 applicable practice act requires such examination.
197 (4) ANNUAL REPORT.—By December 31 of each year, the
198 department shall submit a report to the Governor, the President
199 of the Senate, and the Speaker of the House of Representatives
200 which provides all of the following information for the previous
201 fiscal year, per profession and in total:
202 (a) The number of applications for licensure received under
203 this section.
204 (b) The number of licenses issued under this section.
205 (c) The number of applications submitted under this section
206 which were denied and the reason for such denials.
207 (5) RULES.—Each applicable board, or the department if
208 there is no board, shall adopt rules to implement this section
209 within 6 months after this section’s effective date, including
210 rules relating to legislative intent under s. 456.025(1) and the
211 requirements of s. 456.025(3).
212 Section 3. Subsection (2) of section 457.105, Florida
213 Statutes, is amended to read:
214 457.105 Licensure qualifications and fees.—
215 (2) A person may become licensed to practice acupuncture if
216 the person applies to the department and meets all of the
217 following criteria:
218 (a) Is 21 years of age or older, has good moral character,
219 and has the ability to communicate in English, which is
220 demonstrated by having passed the national written examination
221 in English or, if such examination was passed in a foreign
222 language, by also having passed a nationally recognized English
223 proficiency examination.;
224 (b) Has completed 60 college credits from an accredited
225 postsecondary institution as a prerequisite to enrollment in an
226 authorized 3-year course of study in acupuncture and oriental
227 medicine, and has completed a 3-year course of study in
228 acupuncture and oriental medicine, and effective July 31, 2001,
229 a 4-year course of study in acupuncture and oriental medicine,
230 which meets standards established by the board by rule, which
231 standards include, but are not limited to, successful completion
232 of academic courses in western anatomy, western physiology,
233 western pathology, western biomedical terminology, first aid,
234 and cardiopulmonary resuscitation (CPR). However, any person who
235 enrolled in an authorized course of study in acupuncture before
236 August 1, 1997, must have completed only a 2-year course of
237 study which meets standards established by the board by rule,
238 which standards must include, but are not limited to, successful
239 completion of academic courses in western anatomy, western
240 physiology, and western pathology.;
241 (c) Has successfully completed a board-approved national
242 certification process, meets the requirements for licensure by
243 endorsement under s. 456.0145 is actively licensed in a state
244 that has examination requirements that are substantially
245 equivalent to or more stringent than those of this state, or
246 passes an examination administered by the department, which
247 examination tests the applicant’s competency and knowledge of
248 the practice of acupuncture and oriental medicine. At the
249 request of any applicant, oriental nomenclature for the points
250 shall be used in the examination. The examination shall include
251 a practical examination of the knowledge and skills required to
252 practice modern and traditional acupuncture and oriental
253 medicine, covering diagnostic and treatment techniques and
254 procedures.; and
255 (d) Pays the required fees set by the board by rule not to
256 exceed the following amounts:
257 1. Examination fee: $500 plus the actual per applicant cost
258 to the department for purchase of the written and practical
259 portions of the examination from a national organization
260 approved by the board.
261 2. Application fee: $300.
262 3. Reexamination fee: $500 plus the actual per applicant
263 cost to the department for purchase of the written and practical
264 portions of the examination from a national organization
265 approved by the board.
266 4. Initial biennial licensure fee: $400, if licensed in the
267 first half of the biennium, and $200, if licensed in the second
268 half of the biennium.
269 Section 4. Section 458.313, Florida Statutes, is amended to
270 read:
271 (Substantial rewording of section. See
272 s. 458.313, F.S., for present text.)
273 458.313 Licensure by endorsement; requirements; fees.—The
274 department shall issue a license by endorsement to any applicant
275 who, upon applying to the department on forms furnished by the
276 department and remitting a fee set by the board in an amount not
277 to exceed $500, the board certifies has met the requirements for
278 licensure by endorsement under s. 456.0145.
279 Section 5. Section 464.009, Florida Statutes, is amended to
280 read:
281 (Substantial rewording of section. See
282 s. 464.009, F.S., for present text.)
283 464.009 Licensure by endorsement.—
284 (1) The department shall issue the appropriate license by
285 endorsement to practice professional or practical nursing to any
286 applicant who, upon applying to the department and remitting a
287 fee set by the board in an amount not to exceed $100,
288 demonstrates to the board that he or she meets the requirements
289 for licensure by endorsement under s. 456.0145.
290 (2) A person holding an active multistate license in
291 another state pursuant to s. 464.0095 is exempt from the
292 requirements for licensure by endorsement in this section.
293 Section 6. Section 465.0075, Florida Statutes, is amended
294 to read:
295 (Substantial rewording of section. See
296 s. 465.0075, F.S., for present text.)
297 465.0075 Licensure by endorsement; requirements; fee.—The
298 department shall issue a license by endorsement to any applicant
299 who, upon applying to the department and remitting a
300 nonrefundable fee set by the board in an amount not to exceed
301 $100, the board certifies has met the requirements for licensure
302 by endorsement under s. 456.0145.
303 Section 7. Subsection (1) of section 467.0125, Florida
304 Statutes, is amended to read:
305 467.0125 Licensed midwives; qualifications; endorsement;
306 temporary certificates.—
307 (1) The department shall issue a license by endorsement to
308 practice midwifery to an applicant who, upon applying to the
309 department on a form approved by the department and remitting
310 the appropriate fee, demonstrates to the department that she or
311 he meets the requirements for licensure by endorsement under s.
312 456.0145 all of the following criteria:
313 (a) Holds an active, unencumbered license to practice
314 midwifery in another state, jurisdiction, or territory, provided
315 the licensing requirements of that state, jurisdiction, or
316 territory at the time the license was issued were substantially
317 equivalent to or exceeded those established under this chapter
318 and the rules adopted hereunder.
319 (b) Has successfully completed a prelicensure course
320 conducted by an accredited and approved midwifery program.
321 (c) Submits an application for licensure on a form approved
322 by the department and pays the appropriate fee.
323 Section 8. Subsections (3) and (4) of section 468.1185,
324 Florida Statutes, are amended to read:
325 468.1185 Licensure.—
326 (3) The board shall certify as qualified for a license by
327 endorsement as a speech-language pathologist or audiologist an
328 applicant who:
329 (a) Holds a valid license or certificate in another state
330 or territory of the United States to practice the profession for
331 which the application for licensure is made, if the criteria for
332 issuance of such license were substantially equivalent to or
333 more stringent than the licensure criteria which existed in this
334 state at the time the license was issued; or
335 (b) Holds a valid certificate of clinical competence of the
336 American Speech-Language and Hearing Association or board
337 certification in audiology from the American Board of Audiology.
338 (3)(4) The board may refuse to certify any person applying
339 for licensure under this section applicant who is under
340 investigation in any jurisdiction for an act which would
341 constitute a violation of this part or chapter 456 until the
342 investigation is complete and disciplinary proceedings have been
343 terminated.
344 Section 9. Subsections (1), (2), and (3) of section
345 468.1705, Florida Statutes, are amended to read:
346 468.1705 Licensure by endorsement; temporary license.—
347 (1) The department shall issue a license by endorsement to
348 any applicant who, upon applying to the department and remitting
349 a fee set by the board not to exceed $500, demonstrates to the
350 board that he or she meets the requirements for licensure by
351 endorsement under s. 456.0145:
352 (a) Meets one of the following requirements:
353 1. Holds a valid active license to practice nursing home
354 administration in another state of the United States, provided
355 that the current requirements for licensure in that state are
356 substantially equivalent to, or more stringent than, current
357 requirements in this state; or
358 2. Meets the qualifications for licensure in s. 468.1695;
359 and
360 (b)1. Has successfully completed a national examination
361 which is substantially equivalent to, or more stringent than,
362 the examination given by the department;
363 2. Has passed an examination on the laws and rules of this
364 state governing the administration of nursing homes; and
365 3. Has worked as a fully licensed nursing home
366 administrator for 2 years within the 5-year period immediately
367 preceding the application by endorsement.
368 (2) National examinations for licensure as a nursing home
369 administrator shall be presumed to be substantially equivalent
370 to, or more stringent than, the examination and requirements in
371 this state, unless found otherwise by rule of the board.
372 (2)(3) The department may shall not issue a license by
373 endorsement or a temporary license to any applicant who is under
374 investigation in this or another state for any act which would
375 constitute a violation of this part until such time as the
376 investigation is complete and disciplinary proceedings have been
377 terminated.
378 Section 10. Section 468.213, Florida Statutes, is amended
379 to read:
380 468.213 Licensure by endorsement; waiver of examination
381 requirement.—
382 (1) The board may waive the examination and grant a license
383 to any person who meets the requirements for licensure by
384 endorsement under s. 456.0145 presents proof of current
385 certification as an occupational therapist or occupational
386 therapy assistant by a national certifying organization if the
387 board determines the requirements for such certification to be
388 equivalent to the requirements for licensure in this act.
389 (2) The board may waive the examination and grant a license
390 to any applicant who presents proof of current licensure as an
391 occupational therapist or occupational therapy assistant in a
392 another state, the District of Columbia, or any territory or
393 jurisdiction of the United States or foreign national
394 jurisdiction which requires standards for licensure determined
395 by the board to be equivalent to the requirements for licensure
396 in this part act.
397 Section 11. Section 468.3065, Florida Statutes, is amended
398 to read:
399 468.3065 Certification by endorsement.—
400 (1) The department may issue a certificate by endorsement
401 to practice as a radiologist assistant to an applicant who, upon
402 applying to the department and remitting a nonrefundable fee not
403 to exceed $50, demonstrates to the department that he or she
404 meets the requirements for licensure by endorsement under s.
405 456.0145 holds a current certificate or registration as a
406 radiologist assistant granted by the American Registry of
407 Radiologic Technologists.
408 (2) The department may issue a certificate by endorsement
409 to practice radiologic technology to an applicant who, upon
410 applying to the department and remitting a nonrefundable fee not
411 to exceed $50, demonstrates to the department that he or she
412 meets the requirements for licensure by endorsement under s.
413 456.0145 holds a current certificate, license, or registration
414 to practice radiologic technology, provided that the
415 requirements for such certificate, license, or registration are
416 deemed by the department to be substantially equivalent to those
417 established under this part and rules adopted under this part.
418 (3) The department may issue a certificate by endorsement
419 to practice as a specialty technologist to an applicant who,
420 upon applying to the department and remitting a nonrefundable
421 fee not to exceed $100, demonstrates to the department that he
422 or she meets the requirements for licensure by endorsement under
423 s. 456.0145 holds a current certificate or registration from a
424 national organization in a particular advanced, postprimary, or
425 specialty area of radiologic technology, such as computed
426 tomography or positron emission tomography.
427 Section 12. Section 468.358, Florida Statutes, is amended
428 to read:
429 468.358 Licensure by endorsement.—
430 (1) Licensure as a certified respiratory therapist must
431 shall be granted by endorsement to an individual who meets the
432 requirements for licensure by endorsement under s. 456.0145
433 holds the “Certified Respiratory Therapist” credential issued by
434 the National Board for Respiratory Care or an equivalent
435 credential acceptable to the board. Licensure by this mechanism
436 requires verification by oath and submission of evidence
437 satisfactory to the board that such credential is held.
438 (2) Licensure as a registered respiratory therapist shall
439 be granted by endorsement to an individual who holds the
440 “Registered Respiratory Therapist” credential issued by the
441 National Board for Respiratory Care or an equivalent credential
442 acceptable to the board. Licensure by this mechanism requires
443 verification by oath and submission of evidence satisfactory to
444 the board that such credential is held.
445 (2)(3) An individual who has been granted licensure,
446 certification, registration, or other authority, by whatever
447 name known, to deliver respiratory care services in a foreign
448 another state or country may petition the board for
449 consideration for licensure in this state and, upon verification
450 by oath and submission of evidence of licensure, certification,
451 registration, or other authority acceptable to the board, may be
452 granted licensure by endorsement.
453 (3)(4) Licensure may shall not be granted by endorsement as
454 provided in this section without the submission of a proper
455 application and the payment of the requisite fees therefor.
456 Section 13. Section 468.513, Florida Statutes, is amended
457 to read:
458 468.513 Dietitian/nutritionist; licensure by endorsement.—
459 (1) The department shall issue a license to practice
460 dietetics and nutrition by endorsement to any applicant who
461 meets the requirements for licensure by endorsement under s.
462 456.0145 the board certifies as qualified, upon receipt of a
463 completed application and the fee specified in s. 468.508.
464 (2) The board shall certify as qualified for licensure by
465 endorsement under this section any applicant who:
466 (a) Presents evidence satisfactory to the board that he or
467 she is a registered dietitian; or
468 (b) Holds a valid license to practice dietetics or
469 nutrition issued by another state, district, or territory of the
470 United States, if the criteria for issuance of such license are
471 determined by the board to be substantially equivalent to or
472 more stringent than those of this state.
473 (3) The department shall not issue a license by endorsement
474 under this section to any applicant who is under investigation
475 in any jurisdiction for any act which would constitute a
476 violation of this part or chapter 456 until such time as the
477 investigation is complete and disciplinary proceedings have been
478 terminated.
479 Section 14. Section 478.47, Florida Statutes, is amended to
480 read:
481 478.47 Licensure by endorsement.—The department shall issue
482 a license by endorsement to any applicant who, upon submitting
483 submits an application and the required fees as set forth in s.
484 478.55, demonstrates to the board that he or she meets the
485 requirements for licensure by endorsement under s. 456.0145 and
486 who holds an active license or other authority to practice
487 electrology in a jurisdiction whose licensure requirements are
488 determined by the board to be equivalent to the requirements for
489 licensure in this state.
490 Section 15. Paragraph (c) of subsection (5) of section
491 480.041, Florida Statutes, is amended to read:
492 480.041 Massage therapists; qualifications; licensure;
493 endorsement.—
494 (5) The board shall adopt rules:
495 (c) Specifying licensing procedures for practitioners
496 desiring to be licensed in this state who meet the requirements
497 for licensure by endorsement under s. 456.0145 or hold an active
498 license and have practiced in any other state, territory, or
499 jurisdiction of the United States or any foreign national
500 jurisdiction which has licensing standards substantially similar
501 to, equivalent to, or more stringent than the standards of this
502 state.
503 Section 16. Present subsections (3) and (4) of section
504 484.007, Florida Statutes, are redesignated as subsections (4)
505 and (5), respectively, a new subsection (3) is added to that
506 section, and subsection (1) of that section is amended, to read:
507 484.007 Licensure of opticians; permitting of optical
508 establishments.—
509 (1) Any person desiring to practice opticianry shall apply
510 to the department, upon forms prescribed by it, to take a
511 licensure examination. The department shall examine each
512 applicant who the board certifies meets all of the following
513 criteria:
514 (a) Has completed the application form and remitted a
515 nonrefundable application fee set by the board, in the amount of
516 $100 or less, and an examination fee set by the board, in the
517 amount of $325 plus the actual per applicant cost to the
518 department for purchase of portions of the examination from the
519 American Board of Opticianry or a similar national organization,
520 or less, and refundable if the board finds the applicant
521 ineligible to take the examination.;
522 (b) Is not younger less than 18 years of age.;
523 (c) Is a graduate of an accredited high school or possesses
524 a certificate of equivalency of a high school education.; and
525 (d)1. Has received an associate degree, or its equivalent,
526 in opticianry from an educational institution the curriculum of
527 which is accredited by an accrediting agency recognized and
528 approved by the United States Department of Education or the
529 Council on Postsecondary Education or approved by the board;
530 2. Is an individual licensed to practice the profession of
531 opticianry pursuant to a regulatory licensing law of another
532 state, territory, or jurisdiction of the United States, who has
533 actively practiced in such other state, territory, or
534 jurisdiction for more than 3 years immediately preceding
535 application, and who meets the examination qualifications as
536 provided in this subsection;
537 3. Is an individual who has actively practiced in another
538 state, territory, or jurisdiction of the United States for more
539 than 5 years immediately preceding application and who provides
540 tax or business records, affidavits, or other satisfactory
541 documentation of such practice and who meets the examination
542 qualifications as provided in this subsection; or
543 2.4. Has registered as an apprentice with the department
544 and paid a registration fee not to exceed $60, as set by rule of
545 the board. The apprentice shall complete 6,240 hours of training
546 under the supervision of an optician licensed in this state for
547 at least 1 year or of a physician or optometrist licensed under
548 the laws of this state. These requirements must be met within 5
549 years after the date of registration. However, any time spent in
550 a recognized school may be considered as part of the
551 apprenticeship program provided herein. The board may establish
552 administrative processing fees sufficient to cover the cost of
553 administering apprentice rules as promulgated by the board.
554 (3) The board shall certify to the department for licensure
555 by endorsement any applicant who meets the requirements for
556 licensure by endorsement under s. 456.0145.
557 Section 17. Section 486.081, Florida Statutes, is amended
558 to read:
559 486.081 Physical therapist; issuance of license by
560 endorsement; issuance of license without examination to person
561 passing examination of another authorized examining board in a
562 foreign country; fee.—
563 (1) The board may cause a license by endorsement to be
564 issued through the department without examination to any
565 applicant who meets the requirements for licensure by
566 endorsement under s. 456.0145 or, without examination, to any
567 applicant who presents evidence satisfactory to the board of
568 having passed the American Registry Examination prior to 1971 or
569 an examination in physical therapy before a similar lawfully
570 authorized examining board of another state, the District of
571 Columbia, a territory, or a foreign country, if the standards
572 for licensure in physical therapy in such other state, district,
573 territory, or foreign country are determined by the board to be
574 as high as those of this state, as established by rules adopted
575 pursuant to this chapter. Any person who holds a license
576 pursuant to this section may use the words “physical therapist”
577 or “physiotherapist” or the letters “P.T.” in connection with
578 her or his name or place of business to denote her or his
579 licensure hereunder. A person who holds a license pursuant to
580 this section and obtains a doctoral degree in physical therapy
581 may use the letters “D.P.T.” and “P.T.” A physical therapist who
582 holds a degree of Doctor of Physical Therapy may not use the
583 title “doctor” without also clearly informing the public of his
584 or her profession as a physical therapist.
585 (2) At the time of making application for licensure under
586 without examination pursuant to the terms of this section, the
587 applicant shall pay to the department a nonrefundable fee set by
588 the board in an amount not to exceed $175 as fixed by the board,
589 no part of which will be returned.
590 Section 18. Section 486.107, Florida Statutes, is amended
591 to read:
592 486.107 Physical therapist assistant; issuance of license
593 by endorsement without examination to person licensed in another
594 jurisdiction; fee.—
595 (1) The board may cause a license by endorsement to be
596 issued through the department without examination to any
597 applicant who presents evidence to the board, under oath, of
598 meeting the requirements for licensure by endorsement under s.
599 456.0145 licensure in another state, the District of Columbia,
600 or a territory, if the standards for registering as a physical
601 therapist assistant or licensing of a physical therapist
602 assistant, as the case may be, in such other state are
603 determined by the board to be as high as those of this state, as
604 established by rules adopted pursuant to this chapter. Any
605 person who holds a license pursuant to this section may use the
606 words “physical therapist assistant,” or the letters “P.T.A.,”
607 in connection with her or his name to denote licensure
608 hereunder.
609 (2) At the time of making application for licensure by
610 endorsement under licensing without examination pursuant to the
611 terms of this section, the applicant shall pay to the department
612 a nonrefundable fee set by the board in an amount not to exceed
613 $175 as fixed by the board, no part of which will be returned.
614 Section 19. Subsections (1), (2), and (3) of section
615 490.006, Florida Statutes, are amended to read:
616 490.006 Licensure by endorsement.—
617 (1) The department shall license a person as a psychologist
618 or school psychologist who, upon applying to the department and
619 remitting the appropriate fee, demonstrates to the department
620 or, in the case of psychologists, to the board that the
621 applicant meets the requirements for licensure by endorsement
622 under s. 456.0145:
623 (a) Is a diplomate in good standing with the American Board
624 of Professional Psychology, Inc.; or
625 (b) Possesses a doctoral degree in psychology and has at
626 least 10 years of experience as a licensed psychologist in any
627 jurisdiction or territory of the United States within the 25
628 years preceding the date of application.
629 (2) In addition to meeting the requirements for licensure
630 set forth in subsection (1), an applicant must pass that portion
631 of the psychology or school psychology licensure examinations
632 pertaining to the laws and rules related to the practice of
633 psychology or school psychology in this state before the
634 department may issue a license to the applicant.
635 (3) The department shall not issue a license by endorsement
636 to any applicant who is under investigation in this or another
637 jurisdiction for an act which would constitute a violation of
638 this chapter until such time as the investigation is complete,
639 at which time the provisions of s. 490.009 shall apply.
640 Section 20. Subsections (1) and (2) of section 491.006,
641 Florida Statutes, are amended to read:
642 491.006 Licensure or certification by endorsement.—
643 (1) The department shall license or grant a certificate to
644 a person in a profession regulated by this chapter who, upon
645 applying to the department and remitting the appropriate fee,
646 demonstrates to the board that he or she meets the requirements
647 for licensure by endorsement under s. 456.0145:
648 (a) Has demonstrated, in a manner designated by rule of the
649 board, knowledge of the laws and rules governing the practice of
650 clinical social work, marriage and family therapy, and mental
651 health counseling.
652 (b)1. Holds an active valid license to practice and has
653 actively practiced the licensed profession in another state for
654 3 of the last 5 years immediately preceding licensure;
655 2. Has passed a substantially equivalent licensing
656 examination in another state or has passed the licensure
657 examination in this state in the profession for which the
658 applicant seeks licensure; and
659 3. Holds a license in good standing, is not under
660 investigation for an act that would constitute a violation of
661 this chapter, and has not been found to have committed any act
662 that would constitute a violation of this chapter.
663 (2) The fees paid by any applicant for certification as a
664 master social worker under this section are nonrefundable.
665 (2) The department shall not issue a license or certificate
666 by endorsement to any applicant who is under investigation in
667 this or another jurisdiction for an act which would constitute a
668 violation of this chapter until such time as the investigation
669 is complete, at which time the provisions of s. 491.009 shall
670 apply.
671 Section 21. Subsection (3) of section 486.031, Florida
672 Statutes, is amended to read:
673 486.031 Physical therapist; licensing requirements.—To be
674 eligible for licensing as a physical therapist, an applicant
675 must:
676 (3)(a) Have been graduated from a school of physical
677 therapy which has been approved for the educational preparation
678 of physical therapists by the appropriate accrediting agency
679 recognized by the Commission on Recognition of Postsecondary
680 Accreditation or the United States Department of Education at
681 the time of her or his graduation and have passed, to the
682 satisfaction of the board, the American Registry Examination
683 prior to 1971 or a national examination approved by the board to
684 determine her or his fitness for practice as a physical
685 therapist as hereinafter provided;
686 (b) Have received a diploma from a program in physical
687 therapy in a foreign country and have educational credentials
688 deemed equivalent to those required for the educational
689 preparation of physical therapists in this country, as
690 recognized by the appropriate agency as identified by the board,
691 and have passed to the satisfaction of the board an examination
692 to determine her or his fitness for practice as a physical
693 therapist as hereinafter provided; or
694 (c) Be entitled to licensure by endorsement or without
695 examination as provided in s. 486.081.
696 Section 22. Subsection (3) of section 486.102, Florida
697 Statutes, is amended to read:
698 486.102 Physical therapist assistant; licensing
699 requirements.—To be eligible for licensing by the board as a
700 physical therapist assistant, an applicant must:
701 (3)(a) Have been graduated from a school giving a course of
702 not less than 2 years for physical therapist assistants, which
703 has been approved for the educational preparation of physical
704 therapist assistants by the appropriate accrediting agency
705 recognized by the Commission on Recognition of Postsecondary
706 Accreditation or the United States Department of Education, at
707 the time of her or his graduation and have passed to the
708 satisfaction of the board an examination to determine her or his
709 fitness for practice as a physical therapist assistant as
710 hereinafter provided;
711 (b) Have been graduated from a school giving a course for
712 physical therapist assistants in a foreign country and have
713 educational credentials deemed equivalent to those required for
714 the educational preparation of physical therapist assistants in
715 this country, as recognized by the appropriate agency as
716 identified by the board, and passed to the satisfaction of the
717 board an examination to determine her or his fitness for
718 practice as a physical therapist assistant as hereinafter
719 provided;
720 (c) Be entitled to licensure by endorsement or without
721 examination as provided in s. 486.107; or
722 (d) Have been enrolled between July 1, 2014, and July 1,
723 2016, in a physical therapist assistant school in this state
724 which was accredited at the time of enrollment; and
725 1. Have been graduated or be eligible to graduate from such
726 school no later than July 1, 2018; and
727 2. Have passed to the satisfaction of the board an
728 examination to determine his or her fitness for practice as a
729 physical therapist assistant as provided in s. 486.104.
730 Section 23. Notwithstanding the changes made to the Florida
731 Statutes (2023) by this act, a board as defined in s. 456.001,
732 Florida Statutes, or the Department of Health, as applicable,
733 may continue processing applications for licensure by
734 endorsement as authorized under the Florida Statutes (2023)
735 until the rules adopted by such board or the department to
736 implement the changes made by this act take effect or until 6
737 months after the effective date of this act, whichever occurs
738 first.
739 Section 24. This act shall take effect July 1, 2024.