Florida Senate - 2024                                    SB 7016
       
       
        
       By the Committee on Health Policy
       
       
       
       
       
       588-01852-24                                          20247016__
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 381.4019,
    3         F.S.; revising the purpose of the Dental Student Loan
    4         Repayment Program; defining the term “free clinic”;
    5         including dental hygienists in the program; revising
    6         eligibility requirements for the program; specifying
    7         limits on award amounts for and participation of
    8         dental hygienists under the program; deleting the
    9         maximum number of new practitioners who may
   10         participate in the program each fiscal year;
   11         specifying that dentists and dental hygienists are not
   12         eligible to receive funds under the program unless
   13         they provide specified documentation; requiring
   14         practitioners who receive payments under the program
   15         to furnish certain information requested by the
   16         Department of Health; requiring the Agency for Health
   17         Care Administration to seek federal authority to use
   18         specified matching funds for the program; providing
   19         for future repeal of the program; transferring,
   20         renumbering, and amending s. 1009.65, F.S.; renaming
   21         the Medical Education Reimbursement and Loan Repayment
   22         Program as the Florida Reimbursement Assistance for
   23         Medical Education Program; revising the types of
   24         providers who are eligible to participate in the
   25         program; revising requirements for the distribution of
   26         funds under the program; making conforming and
   27         technical changes; requiring practitioners who receive
   28         payments under the program to furnish certain
   29         information requested by the department; requiring the
   30         agency to seek federal authority to use specified
   31         matching funds for the program; providing for future
   32         repeal of the program; creating s. 381.4021, F.S.;
   33         requiring the department to provide annual reports to
   34         the Governor and the Legislature on specified student
   35         loan repayment programs; providing requirements for
   36         the report; requiring the department to contract with
   37         an independent third party to develop and conduct a
   38         design study for evaluating the effectiveness of
   39         specified student loan repayment programs; specifying
   40         requirements for the design study; requiring the
   41         department to begin collecting data for the study and
   42         submit the study results to the Governor and the
   43         Legislature by specified dates; requiring the
   44         department to participate in a certain multistate
   45         collaborative for a specified purpose; providing for
   46         future repeal of the requirement; creating s.
   47         381.9855, F.S.; requiring the department to implement
   48         a Health Care Screening and Services Grant Program for
   49         a specified purpose; specifying duties of the
   50         department; authorizing nonprofit entities to apply
   51         for grant funds to implement new health care screening
   52         or services programs or mobile clinics or units to
   53         expand the program’s delivery capabilities; specifying
   54         requirements for grant recipients; authorizing the
   55         department to adopt rules; requiring the department to
   56         create and maintain an Internet-based portal to
   57         provide specified information relating to available
   58         health care screenings and services and volunteer
   59         opportunities; authorizing the department to contract
   60         with a third-party vendor to create and maintain the
   61         portal; specifying requirements for the portal;
   62         requiring the department to coordinate with county
   63         health departments for a specified purpose; requiring
   64         the department to include a clear and conspicuous link
   65         to the portal on the homepage of its website;
   66         requiring the department to publicize and encourage
   67         the use of the portal and enlist the aid of county
   68         health departments for such outreach; amending s.
   69         383.2163, F.S.; expanding the telehealth minority
   70         maternity care program from a pilot program to a
   71         statewide program; requiring the department to submit
   72         annual reports to the Governor and the Legislature;
   73         providing requirements for the reports; amending s.
   74         383.302, F.S.; defining the terms “advanced birth
   75         center” and “medical director”; revising the
   76         definition of the term “consultant”; creating s.
   77         383.3081, F.S.; providing requirements for birth
   78         centers designated as advanced birth centers with
   79         respect to operating procedures, staffing, and
   80         equipment; requiring advanced birth centers to enter
   81         into a written agreement with a blood bank for
   82         emergency blood bank services; requiring that a
   83         patient who receives an emergency blood transfusion at
   84         an advanced birth center be immediately transferred to
   85         a hospital for further care; requiring the agency to
   86         establish by rule a process for birth centers to be
   87         designated as advanced birth centers; amending s.
   88         383.309, F.S.; providing minimum standards for
   89         advanced birth centers; amending s. 383.313, F.S.;
   90         making technical and conforming changes; creating s.
   91         383.3131, F.S.; providing requirements for laboratory
   92         and surgical services at advanced birth centers;
   93         providing conditions for administration of anesthesia;
   94         authorizing the intrapartal use of chemical agents;
   95         amending s. 383.315, F.S.; requiring advanced birth
   96         centers to employ or maintain an agreement with an
   97         obstetrician for specified purposes; amending s.
   98         383.316, F.S.; requiring advanced birth centers to
   99         provide for the transport of emergency patients to a
  100         hospital; requiring each advanced birth center to
  101         enter into a written transfer agreement with a local
  102         hospital or an obstetrician for such transfers;
  103         requiring birth centers and advanced birth centers to
  104         assess and document transportation services and
  105         transfer protocols annually; amending s. 383.318,
  106         F.S.; providing protocols for postpartum care of
  107         clients and infants at advanced birth centers;
  108         amending s. 394.455, F.S.; revising definitions;
  109         amending s. 394.457, F.S.; requiring the Department of
  110         Children and Families to adopt certain minimum
  111         standards for mobile crisis response services;
  112         amending s. 394.4598, F.S.; authorizing certain
  113         psychiatric nurses to provide opinions to the court
  114         for the appointment of guardian advocates; authorizing
  115         certain psychiatric nurses to consult with guardian
  116         advocates for purposes of obtaining consent for
  117         treatment; amending s. 394.4615, F.S.; authorizing
  118         psychiatric nurses to make certain determinations
  119         related to the release of clinical records; amending
  120         s. 394.4625, F.S.; requiring certain treating
  121         psychiatric nurses to document specified information
  122         in a patient’s clinical record within a specified
  123         timeframe of his or her voluntary admission for mental
  124         health treatment; requiring clinical psychologists who
  125         make determinations of involuntary placement at
  126         certain mental health facilities to have specified
  127         clinical experience; authorizing certain psychiatric
  128         nurses to order emergency treatment for certain
  129         patients; amending s. 394.463, F.S.; authorizing
  130         certain psychiatric nurses to order emergency
  131         treatment of certain patients; requiring a clinical
  132         psychologist to have specified clinical experience to
  133         approve the release of an involuntary patient at
  134         certain mental health facilities; amending s.
  135         394.4655, F.S.; requiring clinical psychologists to
  136         have specified clinical experience in order to
  137         recommend involuntary outpatient services for mental
  138         health treatment; authorizing certain psychiatric
  139         nurses to recommend involuntary outpatient services
  140         for mental health treatment; providing an exception;
  141         authorizing psychiatric nurses to make certain
  142         clinical determinations that warrant bringing a
  143         patient to a receiving facility for an involuntary
  144         examination; making a conforming change; amending s.
  145         394.467, F.S.; requiring clinical psychologists to
  146         have specified clinical experience in order to
  147         recommend involuntary inpatient services for mental
  148         health treatment; authorizing certain psychiatric
  149         nurses to recommend involuntary inpatient services for
  150         mental health treatment; providing an exception;
  151         amending s. 394.4781, F.S.; revising the definition of
  152         the term “psychotic or severely emotionally disturbed
  153         child”; amending s. 394.4785, F.S.; authorizing
  154         psychiatric nurses to admit individuals over a certain
  155         age into certain mental health units of a hospital
  156         under certain conditions; requiring the agency to seek
  157         federal approval for Medicaid coverage and
  158         reimbursement authority for mobile crisis response
  159         services; requiring the Department of Children and
  160         Families to coordinate with the agency to provide
  161         specified education to contracted mobile response team
  162         services providers; amending s. 394.875, F.S.;
  163         authorizing certain psychiatric nurses to prescribe
  164         medication to clients of crisis stabilization units;
  165         amending s. 395.1055, F.S.; requiring the agency to
  166         adopt rules ensuring that hospitals do not accept
  167         certain payments and requiring certain hospitals to
  168         submit an emergency department diversion plan to the
  169         agency for approval before initial licensure or
  170         licensure renewal; providing that, beginning on a
  171         specified date, such plan must be approved before a
  172         license may be issued or renewed; requiring such
  173         hospitals to submit specified data to the agency on an
  174         annual basis and update their plans as needed, or as
  175         directed by the agency, before each licensure renewal;
  176         specifying requirements for the diversion plans;
  177         requiring the agency to establish process for
  178         hospitals to share certain information with certain
  179         patients’ managed care plans; amending s. 408.051,
  180         F.S.; requiring certain hospitals to make available
  181         certain data to the agency’s Florida Health
  182         Information Exchange program for a specified purpose;
  183         authorizing the agency to adopt rules; amending s.
  184         409.909, F.S.; authorizing the agency to allocate
  185         specified funds under the Slots for Doctors Program
  186         for existing resident positions at hospitals and
  187         qualifying institutions if certain conditions are met;
  188         requiring hospitals and qualifying institutions that
  189         receive certain state funds to report specified data
  190         to the agency annually; defining the term “sponsoring
  191         institution”; requiring such hospitals and qualifying
  192         institutions, beginning on a specified date, to
  193         produce certain financial records or submit to certain
  194         financial audits; providing applicability; providing
  195         that hospitals and qualifying institutions that fail
  196         to produce such financial records to the agency are no
  197         longer eligible to participate in the Statewide
  198         Medicaid Residency Program until a certain
  199         determination is made by the agency; requiring
  200         hospitals and qualifying institutions to request exit
  201         surveys of residents upon completion of their
  202         residency; providing requirements for the exit
  203         surveys; creating the Graduate Medical Education
  204         Committee within the agency; providing for membership
  205         and meetings of the committee; requiring the
  206         committee, beginning on a specified date, to submit an
  207         annual report to the Governor and the Legislature
  208         detailing specified information; requiring the agency
  209         to provide administrative support to assist the
  210         committee in the performance of its duties and to
  211         provide certain information to the committee; creating
  212         s. 409.91256, F.S.; creating the Training, Education,
  213         and Clinicals in Health (TEACH) Funding Program for a
  214         specified purpose; providing legislative intent;
  215         defining terms; requiring the agency to develop an
  216         application process and enter into certain agreements
  217         to implement the program; specifying requirements to
  218         qualify to receive reimbursements under the program;
  219         requiring the agency, in consultation with the
  220         Department of Health, to develop, or contract for the
  221         development of, specified training for, and to provide
  222         assistance to, preceptors; providing for reimbursement
  223         under the program; requiring the agency to submit an
  224         annual report to the Governor and the Legislature;
  225         providing requirements for the report; requiring the
  226         agency to contract with an independent third party to
  227         develop and conduct a design study for evaluating the
  228         impact of the program; specifying requirements for the
  229         design study; requiring the agency to begin collecting
  230         data for the study and submit the study results to the
  231         Governor and the Legislature by specified dates;
  232         authorizing the agency to adopt rules; requiring the
  233         agency to seek federal approval to use specified
  234         matching funds for the program; providing for future
  235         repeal of the program; amending s. 409.967, F.S.;
  236         requiring the agency to produce a specified annual
  237         report on patient encounter data under the statewide
  238         managed care program; providing requirements for the
  239         report; requiring the agency to submit the report to
  240         the Governor and the Legislature by a specified date;
  241         authorizing the agency to contract with a third-party
  242         vendor to produce the report; amending s. 409.973,
  243         F.S.; requiring Medicaid managed care plans to
  244         continue assisting certain enrollees in scheduling an
  245         initial appointment with a primary care provider;
  246         requiring such plans to coordinate with hospitals that
  247         contact them for a specified purpose; requiring the
  248         plans to coordinate with their members and members’
  249         primary care providers for such purpose; requiring the
  250         agency to seek federal approval necessary to implement
  251         an acute hospital care at home program meeting
  252         specified criteria; amending s. 458.311, F.S.;
  253         revising an education and training requirement for
  254         physician licensure; exempting foreign-trained
  255         applicants for physician licensure from the residency
  256         requirement if they meet specified criteria; providing
  257         certain employment requirements for such applicants;
  258         requiring such applicants to notify the Board of
  259         Medicine of any changes in employment within a
  260         specified timeframe; repealing s. 458.3124, F.S.,
  261         relating to restricted licenses of certain experienced
  262         foreign-trained physicians; amending s. 458.314, F.S.;
  263         authorizing the board to exclude certain foreign
  264         medical schools from consideration as an institution
  265         that provides medical education that is reasonably
  266         comparable to similar accredited institutions in the
  267         United States; providing construction; deleting
  268         obsolete language; amending s. 458.3145, F.S.;
  269         revising criteria for medical faculty certificates;
  270         deleting a cap on the maximum number of extended
  271         medical faculty certificates that may be issued at
  272         specified institutions; amending ss. 458.315 and
  273         459.0076, F.S.; authorizing temporary certificates for
  274         practice in areas of critical need to be issued to
  275         physician assistants, rather than only to physicians,
  276         who meet specified criteria; making conforming and
  277         technical changes; amending ss. 458.317 and 459.0075,
  278         F.S.; specifying who may be considered a graduate
  279         assistant physician; creating limited licenses for
  280         graduate assistant physicians; specifying criteria a
  281         person must meet to obtain such licensure; requiring
  282         the Board of Medicine and the Board of Osteopathic
  283         Medicine, respectively, to establish certain
  284         requirements by rule; providing for a one-time renewal
  285         of such licenses; authorizing limited licensed
  286         graduate assistant physicians to provide health care
  287         services only under the direct supervision of a
  288         physician and pursuant to a written protocol;
  289         providing requirements for, and limitations on, such
  290         supervision and practice; providing requirements for
  291         the supervisory protocols; providing that supervising
  292         physicians are liable for any acts or omissions of
  293         such graduate assistant physicians acting under their
  294         supervision and control; authorizing third-party
  295         payors to provide reimbursement for covered services
  296         rendered by graduate assistant physicians; authorizing
  297         the Board of Medicine and the Board of Osteopathic
  298         Medicine, respectively, to adopt rules; creating s.
  299         464.0121, F.S.; providing that temporary certificates
  300         for practice in areas of critical need may be issued
  301         to advanced practice registered nurses who meet
  302         specified criteria; providing restrictions on the
  303         issuance of temporary certificates; waiving licensure
  304         fees for such applicants under certain circumstances;
  305         amending s. 464.0123, F.S.; requiring certain
  306         certified nurse midwives, as a condition precedent to
  307         providing out-of-hospital intrapartum care, to
  308         maintain a written policy for the transfer of patients
  309         needing a higher acuity of care or emergency services;
  310         requiring that such policy prescribe and require the
  311         use of an emergency plan-of-care form; providing
  312         requirements for the form; requiring such certified
  313         nurse midwives to document specified information on
  314         the form if a transfer of care is determined to be
  315         necessary; requiring certified nurse midwives to
  316         verbally provide the receiving provider with specified
  317         information and make himself or herself immediately
  318         available for consultation; requiring certified nurse
  319         midwives to provide the patient’s emergency plan-of
  320         care form, as well as certain patient records, to the
  321         receiving provider upon the patient’s transfer;
  322         requiring the Board of Nursing to adopt certain rules;
  323         amending s. 464.019, F.S.; deleting the sunset date of
  324         a certain annual report required of the Florida Center
  325         for Nursing; amending s. 766.1115, F.S.; revising the
  326         definition of the term “low-income” for purposes of
  327         certain government contracts for health care services;
  328         amending s. 1002.32, F.S.; requiring developmental
  329         research (laboratory) schools (lab schools) to develop
  330         programs for a specified purpose; requiring lab
  331         schools to offer technical assistance to any school
  332         district seeking to replicate the lab school’s
  333         programs; requiring lab schools, beginning on a
  334         specified date, to annually report to the Legislature
  335         on the development of such programs and their results;
  336         amending s. 1009.8962, F.S.; revising the definition
  337         of the term “institution” for purposes of the Linking
  338         Industry to Nursing Education (LINE) Fund; amending
  339         ss. 381.4018, 395.602, 458.313, 458.316, and 458.3165,
  340         F.S.; conforming provisions to changes made by the
  341         act; creating s. 456.4501, F.S.; enacting the
  342         Interstate Medical Licensure Compact in this state;
  343         providing purposes of the compact; providing that
  344         state medical boards of member states retain
  345         jurisdiction to impose adverse action against licenses
  346         issued under the compact; defining terms; specifying
  347         eligibility requirements for physicians seeking an
  348         expedited license under the compact; providing
  349         requirements for designation of a state of principal
  350         license for purposes of the compact; authorizing the
  351         Interstate Medical Licensure Compact Commission to
  352         develop certain rules; providing an application and
  353         verification process for expedited licensure under the
  354         compact; providing for expiration and termination of
  355         expedited licenses; authorizing the Interstate
  356         Commission to develop certain rules; providing
  357         requirements for renewal of expedited licenses;
  358         authorizing the Interstate Commission to develop
  359         certain rules; providing for the establishment of a
  360         database for coordinating licensure data amongst
  361         member states; requiring and authorizing member boards
  362         to report specified information to the database;
  363         providing for confidentiality of such information;
  364         providing construction; authorizing the Interstate
  365         Commission to develop certain rules; authorizing
  366         member states to conduct joint investigations and
  367         share certain materials; providing for disciplinary
  368         action of physicians licensed under the compact;
  369         creating the Interstate Medical Licensure Compact
  370         Commission; providing purpose and authority of the
  371         commission; providing for membership and meetings of
  372         the commission; providing public meeting and notice
  373         requirements; authorizing closed meetings under
  374         certain circumstances; providing public record
  375         requirements; requiring the commission to establish an
  376         executive committee; providing for membership, powers,
  377         and duties of the committee; authorizing the
  378         commission to establish other committees; specifying
  379         powers and duties of the commission; providing for
  380         financing of the commission; providing for
  381         organization and operation of the commission;
  382         providing limited immunity from liability for
  383         commissioners and other agents or employees of the
  384         commission; authorizing the commission to adopt rules;
  385         providing for rulemaking procedures, including public
  386         notice and meeting requirements; providing for
  387         judicial review of adopted rules; providing for
  388         oversight and enforcement of the compact in member
  389         states; requiring courts in member states to take
  390         judicial notice of the compact and the commission
  391         rules for purposes of certain proceedings; providing
  392         that the commission is entitled to receive service of
  393         process and has standing in certain proceedings;
  394         rendering judgments or orders void as to the
  395         commission, the compact, or commission rules under
  396         certain circumstances; providing for enforcement of
  397         the compact; specifying venue and civil remedies in
  398         such proceedings; providing for attorney fees;
  399         providing construction; specifying default procedures
  400         for member states; providing for dispute resolution
  401         between member states; providing for eligibility and
  402         procedures for enactment of the compact; providing for
  403         amendment to the compact; specifying procedures for
  404         withdrawal from and subsequent reinstatement of the
  405         compact; authorizing the Interstate Commission to
  406         develop certain rules; providing for dissolution of
  407         the compact; providing severability and construction;
  408         creating s. 456.4502, F.S.; providing that a formal
  409         hearing before the Division of Administrative Hearings
  410         must be held if there are any disputed issues of
  411         material fact when the licenses of certain physicians
  412         and osteopathic physicians are suspended or revoked by
  413         this state under the compact; requiring the Department
  414         of Health to notify the Division of Administrative
  415         Hearings of a petition for a formal hearing within a
  416         specified timeframe; requiring the administrative law
  417         judge to issue a recommended order; requiring the
  418         Board of Medicine or the Board of Osteopathic
  419         Medicine, as applicable, to determine and issue final
  420         orders in certain cases; providing the department with
  421         standing to seek judicial review of any final order of
  422         the boards; creating s. 456.4504, F.S.; authorizing
  423         the department to adopt rules to implement the
  424         compact; creating ss. 458.3129 and 459.074, F.S.;
  425         providing that an allopathic physician or an
  426         osteopathic physician, respectively, licensed under
  427         the compact is deemed to be licensed under ch. 458,
  428         F.S., or ch. 459, F.S., as applicable; amending s.
  429         768.28, F.S.; designating the state commissioners of
  430         the Interstate Medical Licensure Compact Commission
  431         and other members or employees of the commission as
  432         state agents for the purpose of applying sovereign
  433         immunity and waivers of sovereign immunity; requiring
  434         the commission to pay certain claims or judgments;
  435         authorizing the commission to maintain insurance
  436         coverage to pay such claims or judgments; creating s.
  437         468.1335, F.S.; creating the Audiology and Speech
  438         Language Pathology Interstate Compact; providing
  439         purposes and objectives; defining terms; specifying
  440         requirements for state participation in the compact
  441         and duties of member states; specifying that the
  442         compact does not affect an individual’s ability to
  443         apply for, and a member state’s ability to grant, a
  444         single-state license pursuant to the laws of that
  445         state; providing for recognition of compact privilege
  446         in member states; specifying criteria a licensee must
  447         meet for a compact privilege; providing for the
  448         expiration and renewal of the compact privilege;
  449         specifying that a licensee with a compact privilege in
  450         a remote state must adhere to the laws and rules of
  451         that state; authorizing member states to act on a
  452         licensee’s compact privilege under certain
  453         circumstances; specifying the consequences and
  454         parameters of practice for a licensee whose compact
  455         privilege has been acted on or whose home state
  456         license is encumbered; specifying that a licensee may
  457         hold a home state license in only one member state at
  458         a time; specifying requirements and procedures for
  459         changing a home state license designation; providing
  460         for the recognition of the practice of audiology and
  461         speech-language pathology through telehealth in member
  462         states; specifying that licensees must adhere to the
  463         laws and rules of the remote state where they provide
  464         audiology or speech-language pathology through
  465         telehealth; authorizing active duty military personnel
  466         and their spouses to keep their home state designation
  467         during active duty; specifying how such individuals
  468         may subsequently change their home state license
  469         designation; authorizing member states to take adverse
  470         actions against licensees and issue subpoenas for
  471         hearings and investigations under certain
  472         circumstances; providing requirements and procedures
  473         for such adverse action; authorizing member states to
  474         engage in joint investigations under certain
  475         circumstances; providing that a licensee’s compact
  476         privilege must be deactivated in all member states for
  477         the duration of an encumbrance imposed by the
  478         licensee’s home state; providing for notice to the
  479         data system and the licensee’s home state of any
  480         adverse action taken against a licensee; establishing
  481         the Audiology and Speech-language Pathology Interstate
  482         Compact Commission; providing for jurisdiction and
  483         venue for court proceedings; providing for membership
  484         and powers of the commission; specifying powers and
  485         duties of the commission’s executive committee;
  486         providing for the financing of the commission;
  487         providing specified individuals immunity from civil
  488         liability under certain circumstances; providing
  489         exceptions; requiring the commission to defend the
  490         specified individuals in civil actions under certain
  491         circumstances; requiring the commission to indemnify
  492         and hold harmless specified individuals for any
  493         settlement or judgment obtained in such actions under
  494         certain circumstances; providing for the development
  495         of the data system, reporting procedures, and the
  496         exchange of specified information between member
  497         states; requiring the commission to notify member
  498         states of any adverse action taken against a licensee
  499         or applicant for licensure; authorizing member states
  500         to designate as confidential information provided to
  501         the data system; requiring the commission to remove
  502         information from the data system under certain
  503         circumstances; providing rulemaking procedures for the
  504         commission; providing for member state enforcement of
  505         the compact; authorizing the commission to receive
  506         notice of process, and have standing to intervene, in
  507         certain proceedings; rendering certain judgments and
  508         orders void as to the commission, the compact, or
  509         commission rules under certain circumstances;
  510         providing for defaults and termination of compact
  511         membership; providing procedures for the resolution of
  512         certain disputes; providing for commission enforcement
  513         of the compact; providing for remedies; providing for
  514         implementation of, withdrawal from, and amendment to
  515         the compact; providing construction and for
  516         severability; specifying that the compact, commission
  517         rules, and commission actions are binding on member
  518         states; amending s. 456.073, F.S.; requiring the
  519         Department of Health to report certain investigative
  520         information to the commission’s data system; amending
  521         s. 456.076, F.S.; requiring that monitoring contracts
  522         for certain impaired practitioners participating in
  523         treatment programs contain specified terms; amending
  524         s. 468.1135, F.S.; requiring the Board of Speech
  525         Language Pathology and Audiology to appoint two of its
  526         board members to serve as the state’s delegates on the
  527         compact commission; amending s. 468.1185, F.S.;
  528         exempting audiologists and speech-language
  529         pathologists from licensure requirements if they are
  530         practicing in this state pursuant to a compact
  531         privilege under the compact; amending s. 468.1295,
  532         F.S.; authorizing the board to take adverse action
  533         against the compact privilege of audiologists and
  534         speech-language pathologists for specified prohibited
  535         acts; amending s. 768.28, F.S.; designating the state
  536         delegates and other members or employees of the
  537         compact commission as state agents for the purpose of
  538         applying sovereign immunity and waivers of sovereign
  539         immunity; requiring the commission to pay certain
  540         claims or judgments; authorizing the compact
  541         commission to maintain insurance coverage to pay such
  542         claims or judgments; creating s. 486.112, F.S.;
  543         creating the Physical Therapy Licensure Compact;
  544         providing a purpose and objectives of the compact;
  545         defining terms; specifying requirements for state
  546         participation in the compact; authorizing member
  547         states to obtain biometric-based information from and
  548         conduct criminal background checks on licensees
  549         applying for a compact privilege; requiring member
  550         states to grant the compact privilege to licensees if
  551         they meet specified criteria; specifying criteria
  552         licensees must meet to exercise the compact privilege
  553         under the compact; providing for the expiration of the
  554         compact privilege; requiring licensees practicing in a
  555         remote state under the compact privilege to comply
  556         with the laws and rules of that state; subjecting
  557         licensees to the regulatory authority of remote states
  558         where they practice under the compact privilege;
  559         providing for disciplinary action; specifying
  560         circumstances under which licensees are ineligible for
  561         a compact privilege; specifying conditions that a
  562         licensee must meet to regain his or her compact
  563         privilege after an adverse action; specifying
  564         locations active duty military personnel and their
  565         spouses may use to designate their home state for
  566         purposes of the compact; providing that only a home
  567         state may impose adverse action against a license
  568         issued by that state; authorizing home states to take
  569         adverse action based on investigative information of a
  570         remote state, subject to certain requirements;
  571         directing member states that use alternative programs
  572         in lieu of discipline to require the licensee to agree
  573         not to practice in other member states while
  574         participating in the program, unless authorized by the
  575         member state; authorizing member states to investigate
  576         violations by licensees in other member states;
  577         authorizing member states to take adverse action
  578         against compact privileges issued in their respective
  579         states; providing for joint investigations of
  580         licensees under the compact; establishing the Physical
  581         Therapy Compact Commission; providing for the venue
  582         and jurisdiction for court proceedings by or against
  583         the commission; providing construction; providing for
  584         commission membership, voting, and meetings;
  585         authorizing the commission to convene closed,
  586         nonpublic meetings under certain circumstances;
  587         specifying duties and powers of the commission;
  588         providing for membership and duties of the executive
  589         board of the commission; providing for financing of
  590         the commission; providing for qualified immunity,
  591         defense, and indemnification of the commission;
  592         requiring the commission to develop and maintain a
  593         coordinated database and reporting system for certain
  594         information about licensees under the compact;
  595         requiring member states to submit specified
  596         information to the system; requiring that information
  597         contained in the system be available only to member
  598         states; requiring the commission to promptly notify
  599         all member states of reported adverse action taken
  600         against licensees or applicants for licensure;
  601         authorizing member states to designate reported
  602         information as exempt from public disclosure;
  603         providing for the removal of submitted information
  604         from the system under certain circumstances; providing
  605         for commission rulemaking; providing construction;
  606         providing for state enforcement of the compact;
  607         providing for the default and termination of compact
  608         membership; providing for appeals and costs; providing
  609         procedures for the resolution of certain disputes;
  610         providing for enforcement against a defaulting state;
  611         providing construction; providing for implementation
  612         and administration of the compact and associated
  613         rules; providing that compact states that join after
  614         initial adoption of the commission’s rules are subject
  615         to such rules; specifying procedures for compact
  616         states to withdraw from the compact; providing
  617         construction; providing for amendment of the compact;
  618         providing construction and severability; amending s.
  619         456.073, F.S.; requiring the Department of Health to
  620         report certain investigative information to the data
  621         system; amending s. 456.076, F.S.; requiring
  622         monitoring contracts for certain impaired
  623         practitioners participating in treatment programs to
  624         contain specified terms; amending s. 486.023, F.S.;
  625         requiring the Board of Physical Therapy Practice to
  626         appoint an individual to serve as the state’s delegate
  627         on the Physical Therapy Compact Commission; amending
  628         ss. 486.028, 486.031, 486.081, 486.102, and 486.107,
  629         F.S.; exempting physical therapists and physical
  630         therapist assistants from licensure requirements if
  631         they are practicing in this state pursuant to a
  632         compact privilege under the compact; amending s.
  633         486.125, F.S.; authorizing the board to take adverse
  634         action against the compact privilege of physical
  635         therapists and physical therapist assistants for
  636         specified prohibited acts; amending s. 768.28, F.S.;
  637         designating the state delegate and other members or
  638         employees of the commission as state agents for the
  639         purpose of applying sovereign immunity and waivers of
  640         sovereign immunity; requiring the commission to pay
  641         certain claims or judgments; authorizing the
  642         commission to maintain insurance coverage to pay such
  643         claims or judgments; amending ss. 486.025, 486.0715,
  644         and 486.1065, F.S.; conforming cross-references;
  645         providing appropriations; providing effective dates.
  646          
  647  Be It Enacted by the Legislature of the State of Florida:
  648  
  649         Section 1. Section 381.4019, Florida Statutes, is amended
  650  to read:
  651         381.4019 Dental Student Loan Repayment Program.—The Dental
  652  Student Loan Repayment Program is established to support the
  653  state Medicaid program and promote access to dental care by
  654  supporting qualified dentists and dental hygienists who treat
  655  medically underserved populations in dental health professional
  656  shortage areas or medically underserved areas.
  657         (1) As used in this section, the term:
  658         (a) “Dental health professional shortage area” means a
  659  geographic area designated as such by the Health Resources and
  660  Services Administration of the United States Department of
  661  Health and Human Services.
  662         (b) “Department” means the Department of Health.
  663         (c) “Free clinic” means a provider that meets the
  664  description of a clinic specified in s. 766.1115(3)(d)14.
  665         (d) “Loan program” means the Dental Student Loan Repayment
  666  Program.
  667         (e)(d) “Medically underserved area” means a geographic
  668  area, an area having a special population, or a facility which
  669  is designated by department rule as a health professional
  670  shortage area as defined by federal regulation and which has a
  671  shortage of dental health professionals who serve Medicaid
  672  recipients and other low-income patients.
  673         (f)(e) “Public health program” means a county health
  674  department, the Children’s Medical Services program, a federally
  675  funded community health center, a federally funded migrant
  676  health center, or other publicly funded or nonprofit health care
  677  program designated by the department.
  678         (2) The department shall establish a dental student loan
  679  repayment program to benefit Florida-licensed dentists and
  680  dental hygienists who:
  681         (a) Demonstrate, as required by department rule, active
  682  employment in a public health program or private practice that
  683  serves Medicaid recipients and other low-income patients and is
  684  located in a dental health professional shortage area or a
  685  medically underserved area; and
  686         (b)Volunteer 25 hours per year providing dental services
  687  in a free clinic that is located in a dental health professional
  688  shortage area or a medically underserved area or through another
  689  volunteer program operated by the state pursuant to part IV of
  690  chapter 110. In order to meet the requirements of this
  691  paragraph, the volunteer hours must be verifiable in a manner
  692  determined by the department.
  693         (3) The department shall award funds from the loan program
  694  to repay the student loans of a dentist or dental hygienist who
  695  meets the requirements of subsection (2).
  696         (a) An award shall be 20 percent of a dentist’s or dental
  697  hygienist’s principal loan amount at the time he or she applied
  698  for the program but may not exceed $50,000 per year per eligible
  699  dentist or $7,500 per year per eligible dental hygienist.
  700         (b) Only loans to pay the costs of tuition, books, dental
  701  equipment and supplies, uniforms, and living expenses may be
  702  covered.
  703         (c) All repayments are contingent upon continued proof of
  704  eligibility and must be made directly to the holder of the loan.
  705  The state bears no responsibility for the collection of any
  706  interest charges or other remaining balances.
  707         (d) A dentist or dental hygienist may receive funds under
  708  the loan program for at least 1 year, up to a maximum of 5
  709  years.
  710         (e) The department shall limit the number of new dentists
  711  participating in the loan program to not more than 10 per fiscal
  712  year.
  713         (4) A dentist or dental hygienist is not no longer eligible
  714  to receive funds under the loan program if the dentist or dental
  715  hygienist:
  716         (a) Is no longer employed by a public health program or
  717  private practice that meets the requirements of subsection (2)
  718  or does not verify, in a manner determined by the department,
  719  that he or she has volunteered his or her dental services for
  720  the required number of hours.
  721         (b) Ceases to participate in the Florida Medicaid program.
  722         (c) Has disciplinary action taken against his or her
  723  license by the Board of Dentistry for a violation of s. 466.028.
  724         (5) A dentist or dental hygienist who receives payment
  725  under the program shall furnish information requested by the
  726  department for the purpose of the department’s duties under s.
  727  381.4021.
  728         (6) The department shall adopt rules to administer the loan
  729  program.
  730         (7)(6) Implementation of the loan program is subject to
  731  legislative appropriation.
  732         (8) The Agency for Health Care Administration shall seek
  733  federal authority to use Title XIX matching funds for this
  734  program.
  735         (9)This section is repealed on July 1, 2034.
  736         Section 2. Section 1009.65, Florida Statutes, is
  737  transferred, renumbered as section 381.402, Florida Statutes,
  738  and amended to read:
  739         381.402 1009.65Florida Reimbursement Assistance for
  740  Medical Education Reimbursement and Loan Repayment Program.—
  741         (1) To support the state Medicaid program and to encourage
  742  qualified medical professionals to practice in underserved
  743  locations where there are shortages of such personnel, there is
  744  established the Florida Reimbursement Assistance for Medical
  745  Education Reimbursement and Loan Repayment Program. The function
  746  of the program is to make payments that offset loans and
  747  educational expenses incurred by students for studies leading to
  748  a medical or nursing degree, medical or nursing licensure, or
  749  advanced practice registered nurse licensure or physician
  750  assistant licensure.
  751         (2) The following licensed or certified health care
  752  practitioners professionals are eligible to participate in the
  753  this program:
  754         (a) Medical doctors with primary care specialties.,
  755         (b) Doctors of osteopathic medicine with primary care
  756  specialties.
  757         (c)Advanced practice registered nurses registered to
  758  engage in autonomous practice under s. 464.0123 and practicing
  759  in a primary care specialty., physician assistants, licensed
  760  practical nurses and registered nurses, and
  761         (d) Advanced practice registered nurses with primary care
  762  specialties such as certified nurse midwives.
  763         (e)Physician assistants.
  764         (f)Mental health professionals, including licensed
  765  clinical social workers, licensed marriage and family
  766  therapists, licensed mental health counselors, and licensed
  767  psychologists.
  768         (g)Licensed practical nurses and registered nurses.
  769  
  770  Primary care medical specialties for physicians include
  771  obstetrics, gynecology, general and family practice, geriatrics,
  772  internal medicine, pediatrics, psychiatry, and other specialties
  773  which may be identified by the Department of Health.
  774         (3) From the funds available, the Department of Health
  775  shall make payments as follows:
  776         (a)1.For a 4-year period of continued proof of practice in
  777  an area specified in paragraph (b), up to $150,000 for
  778  physicians, up to $90,000 for advanced practice registered
  779  nurses registered to engage in autonomous practice under s.
  780  464.0123, up to $75,000 for advanced practice registered nurses
  781  and physician assistants, up to $75,000 for mental health
  782  professionals, and up to $45,000 $4,000 per year for licensed
  783  practical nurses and registered nurses. Each practitioner is
  784  eligible to receive an award for only one 4-year period of
  785  continued proof of practice. At the end of each year that a
  786  practitioner participates in the program, the department shall
  787  award 25 percent of a practitioner’s principal loan amount at
  788  the time he or she applied for the program, up to $10,000 per
  789  year for advanced practice registered nurses and physician
  790  assistants, and up to $20,000 per year for physicians. Penalties
  791  for noncompliance are shall be the same as those in the National
  792  Health Services Corps Loan Repayment Program. Educational
  793  expenses include costs for tuition, matriculation, registration,
  794  books, laboratory and other fees, other educational costs, and
  795  reasonable living expenses as determined by the Department of
  796  Health.
  797         (b)2. All payments are contingent on continued proof of:
  798         1.a. Primary care practice in a rural hospital as an area
  799  defined in s. 395.602(2)(b), or an underserved area designated
  800  by the Department of Health, provided the practitioner accepts
  801  Medicaid reimbursement if eligible for such reimbursement; or
  802         b.For practitioners other than physicians and advanced
  803  practice registered nurses, practice in other settings,
  804  including, but not limited to, a nursing home facility as
  805  defined in s. 400.021, a home health agency as defined in s.
  806  400.462, or an intermediate care facility for the
  807  developmentally disabled as defined in s. 400.960. Any such
  808  setting must be located in, or serve residents or patients in,
  809  an underserved area designated by the Department of Health and
  810  must provide services to Medicaid patients.
  811         2.Providing 25 hours annually of volunteer primary care
  812  services in a free clinic as specified in s. 766.1115(3)(d)14.
  813  or through another volunteer program operated by the state
  814  pursuant to part IV of chapter 110. In order to meet the
  815  requirements of this subparagraph, the volunteer hours must be
  816  verifiable in a manner determined by the department.
  817         (c) Correctional facilities, state hospitals, and other
  818  state institutions that employ medical personnel must shall be
  819  designated by the Department of Health as underserved locations.
  820  Locations with high incidences of infant mortality, high
  821  morbidity, or low Medicaid participation by health care
  822  professionals may be designated as underserved.
  823         (b) Advanced practice registered nurses registered to
  824  engage in autonomous practice under s. 464.0123 and practicing
  825  in the primary care specialties of family medicine, general
  826  pediatrics, general internal medicine, or midwifery. From the
  827  funds available, the Department of Health shall make payments of
  828  up to $15,000 per year to advanced practice registered nurses
  829  registered under s. 464.0123 who demonstrate, as required by
  830  department rule, active employment providing primary care
  831  services in a public health program, an independent practice, or
  832  a group practice that serves Medicaid recipients and other low
  833  income patients and that is located in a primary care health
  834  professional shortage area. Only loans to pay the costs of
  835  tuition, books, medical equipment and supplies, uniforms, and
  836  living expenses may be covered. For the purposes of this
  837  paragraph:
  838         1. “Primary care health professional shortage area” means a
  839  geographic area, an area having a special population, or a
  840  facility with a score of at least 18, as designated and
  841  calculated by the Federal Health Resources and Services
  842  Administration or a rural area as defined by the Federal Office
  843  of Rural Health Policy.
  844         2. “Public health program” means a county health
  845  department, the Children’s Medical Services program, a federally
  846  funded community health center, a federally funded migrant
  847  health center, or any other publicly funded or nonprofit health
  848  care program designated by the department.
  849         (4)(2) The Department of Health may use funds appropriated
  850  for the Medical Education Reimbursement and Loan Repayment
  851  program as matching funds for federal loan repayment programs
  852  such as the National Health Service Corps State Loan Repayment
  853  Program.
  854         (5) A health care practitioner who receives payment under
  855  the program shall furnish information requested by the
  856  department for the purpose of the department’s duties under s.
  857  381.4021.
  858         (6)(3) The Department of Health may adopt any rules
  859  necessary for the administration of the Medical Education
  860  Reimbursement and Loan Repayment program. The department may
  861  also solicit technical advice regarding conduct of the program
  862  from the Department of Education and Florida universities and
  863  Florida College System institutions. The Department of Health
  864  shall submit a budget request for an amount sufficient to fund
  865  medical education reimbursement, loan repayments, and program
  866  administration.
  867         (7) The Agency for Health Care Administration shall seek
  868  federal authority to use Title XIX matching funds for this
  869  program.
  870         (8)This section is repealed on July 1, 2034.
  871         Section 3. Section 381.4021, Florida Statutes, is created
  872  to read:
  873         381.4021 Student loan repayment programs reporting.—
  874         (1)For the student loan repayment programs established in
  875  ss. 381.4019 and 381.402, the department shall annually provide
  876  a report, beginning July 1, 2024, to the Governor, the President
  877  of the Senate, and the Speaker of the House of Representatives
  878  which, at a minimum, details all of the following:
  879         (a)The number of applicants for loan repayment.
  880         (b)The number of loan payments made under each program.
  881         (c)The amounts for each loan payment made.
  882         (d)The type of practitioner to whom each loan payment was
  883  made.
  884         (e)The number of loan payments each practitioner has
  885  received under either program.
  886         (f)The practice setting in which each practitioner who
  887  received a loan payment practices.
  888         (2)(a) The department shall contract with an independent
  889  third party to develop and conduct a design study to evaluate
  890  the impact of the student loan repayment programs established in
  891  ss. 381.4019 and 381.402, including, but not limited to, the
  892  effectiveness of the programs in recruiting and retaining health
  893  care professionals in geographic and practice areas experiencing
  894  shortages. The department shall begin collecting data for the
  895  study by January 1, 2025, and shall submit the results of the
  896  study to the Governor, the President of the Senate, and the
  897  Speaker of the House of Representatives by January 1, 2030.
  898         (b) The department shall participate in a provider
  899  retention and information system management multistate
  900  collaborative that collects data to measure outcomes of
  901  education debt support-for-service programs.
  902         (3)This section is repealed on July 1, 2034.
  903         Section 4. Section 381.9855, Florida Statutes, is created
  904  to read:
  905         381.9855Health Care Screening and Services Grant Program;
  906  portal.—
  907         (1)(a) The Department of Health shall implement a Health
  908  Care Screening and Services Grant Program. The purpose of the
  909  program is to expand access to no-cost health care screenings or
  910  services for the general public facilitated by nonprofit
  911  entities. The department shall do all of the following:
  912         1.Publicize the availability of funds and enlist the aid
  913  of county health departments for outreach to potential
  914  applicants at the local level.
  915         2. Establish an application process for submitting a grant
  916  proposal and criteria an applicant must meet to be eligible.
  917         3.Develop guidelines a grant recipient must follow for the
  918  expenditure of grant funds and uniform data reporting
  919  requirements for the purpose of evaluating the performance of
  920  grant recipients.
  921         (b) A nonprofit entity may apply for grant funds in order
  922  to implement new health care screening or services programs that
  923  the entity has not previously implemented.
  924         (c) A nonprofit entity that has previously implemented a
  925  specific health care screening or services program at one or
  926  more specific locations may apply for grant funds in order to
  927  provide the same or similar screenings or services at new
  928  locations or through a mobile health clinic or mobile unit in
  929  order to expand the program’s delivery capabilities.
  930         (d) An entity that receives a grant under this section
  931  must:
  932         1. Follow Department of Health guidelines for reporting on
  933  expenditure of grant funds and measures to evaluate the
  934  effectiveness of the entity’s health care screening or services
  935  program.
  936         2. Publicize to the general public and encourage the use of
  937  the health care screening portal created under subsection (2).
  938         (e) The Department of Health may adopt rules for the
  939  implementation of this subsection.
  940         (2)(a)The Department of Health shall create and maintain
  941  an Internet-based portal to direct the general public to events,
  942  organizations, and venues in this state from which health
  943  screenings or services may be obtained at no cost or at a
  944  reduced cost and for the purpose of directing licensed health
  945  care practitioners to opportunities for volunteering their
  946  services to conduct, administer, or facilitate such health
  947  screenings or services. The department may contract for the
  948  creation or maintenance of the portal with a third-party vendor.
  949         (b) The portal must be easily accessible by the public, not
  950  require a sign-up or login, and include the ability for a member
  951  of the public to enter his or her address and obtain localized
  952  and current data on opportunities for screenings and services
  953  and volunteer opportunities for health care practitioners. The
  954  portal must include, but need not be limited to, all statutorily
  955  created screening programs that are funded and operational under
  956  the department’s authority. The department shall coordinate with
  957  county health departments so that the portal includes
  958  information on such health screenings and services provided by
  959  county health departments or by nonprofit entities in
  960  partnership with county health departments.
  961         (c)The department shall include a clear and conspicuous
  962  link to the portal on the homepage of its website. The
  963  department shall publicize the portal to, and encourage the use
  964  of the portal by, the general public and shall enlist the aid of
  965  county health departments for such outreach.
  966         Section 5. Section 383.2163, Florida Statutes, is amended
  967  to read:
  968         383.2163 Telehealth minority maternity care program pilot
  969  programs.—By July 1, 2022, The department shall establish a
  970  statewide telehealth minority maternity care pilot program that
  971  in Duval County and Orange County which uses telehealth to
  972  expand the capacity for positive maternal health outcomes in
  973  racial and ethnic minority populations. The department shall
  974  direct and assist the county health departments in Duval County
  975  and Orange County to implement the program programs.
  976         (1) DEFINITIONS.—As used in this section, the term:
  977         (a) “Department” means the Department of Health.
  978         (b) “Eligible pregnant woman” means a pregnant woman who is
  979  receiving, or is eligible to receive, maternal or infant care
  980  services from the department under chapter 381 or this chapter.
  981         (c) “Health care practitioner” has the same meaning as in
  982  s. 456.001.
  983         (d) “Health professional shortage area” means a geographic
  984  area designated as such by the Health Resources and Services
  985  Administration of the United States Department of Health and
  986  Human Services.
  987         (e) “Indigenous population” means any Indian tribe, band,
  988  or nation or other organized group or community of Indians
  989  recognized as eligible for services provided to Indians by the
  990  United States Secretary of the Interior because of their status
  991  as Indians, including any Alaskan native village as defined in
  992  43 U.S.C. s. 1602(c), the Alaska Native Claims Settlement Act,
  993  as that definition existed on the effective date of this act.
  994         (f) “Maternal mortality” means a death occurring during
  995  pregnancy or the postpartum period which is caused by pregnancy
  996  or childbirth complications.
  997         (g) “Medically underserved population” means the population
  998  of an urban or rural area designated by the United States
  999  Secretary of Health and Human Services as an area with a
 1000  shortage of personal health care services or a population group
 1001  designated by the United States Secretary of Health and Human
 1002  Services as having a shortage of such services.
 1003         (h) “Perinatal professionals” means doulas, personnel from
 1004  Healthy Start and home visiting programs, childbirth educators,
 1005  community health workers, peer supporters, certified lactation
 1006  consultants, nutritionists and dietitians, social workers, and
 1007  other licensed and nonlicensed professionals who assist women
 1008  through their prenatal or postpartum periods.
 1009         (i) “Postpartum” means the 1-year period beginning on the
 1010  last day of a woman’s pregnancy.
 1011         (j) “Severe maternal morbidity” means an unexpected outcome
 1012  caused by a woman’s labor and delivery which results in
 1013  significant short-term or long-term consequences to the woman’s
 1014  health.
 1015         (k) “Technology-enabled collaborative learning and capacity
 1016  building model” means a distance health care education model
 1017  that connects health care professionals, particularly
 1018  specialists, with other health care professionals through
 1019  simultaneous interactive videoconferencing for the purpose of
 1020  facilitating case-based learning, disseminating best practices,
 1021  and evaluating outcomes in the context of maternal health care.
 1022         (2) PURPOSE.—The purpose of the program pilot programs is
 1023  to:
 1024         (a) Expand the use of technology-enabled collaborative
 1025  learning and capacity building models to improve maternal health
 1026  outcomes for the following populations and demographics:
 1027         1. Ethnic and minority populations.
 1028         2. Health professional shortage areas.
 1029         3. Areas with significant racial and ethnic disparities in
 1030  maternal health outcomes and high rates of adverse maternal
 1031  health outcomes, including, but not limited to, maternal
 1032  mortality and severe maternal morbidity.
 1033         4. Medically underserved populations.
 1034         5. Indigenous populations.
 1035         (b) Provide for the adoption of and use of telehealth
 1036  services that allow for screening and treatment of common
 1037  pregnancy-related complications, including, but not limited to,
 1038  anxiety, depression, substance use disorder, hemorrhage,
 1039  infection, amniotic fluid embolism, thrombotic pulmonary or
 1040  other embolism, hypertensive disorders relating to pregnancy,
 1041  diabetes, cerebrovascular accidents, cardiomyopathy, and other
 1042  cardiovascular conditions.
 1043         (3) TELEHEALTH SERVICES AND EDUCATION.—The program pilot
 1044  programs shall adopt the use of telehealth or coordinate with
 1045  prenatal home visiting programs to provide all of the following
 1046  services and education to eligible pregnant women up to the last
 1047  day of their postpartum periods, as applicable:
 1048         (a) Referrals to Healthy Start’s coordinated intake and
 1049  referral program to offer families prenatal home visiting
 1050  services.
 1051         (b) Services and education addressing social determinants
 1052  of health, including, but not limited to, all of the following:
 1053         1. Housing placement options.
 1054         2. Transportation services or information on how to access
 1055  such services.
 1056         3. Nutrition counseling.
 1057         4. Access to healthy foods.
 1058         5. Lactation support.
 1059         6. Lead abatement and other efforts to improve air and
 1060  water quality.
 1061         7. Child care options.
 1062         8. Car seat installation and training.
 1063         9. Wellness and stress management programs.
 1064         10. Coordination across safety net and social support
 1065  services and programs.
 1066         (c) Evidence-based health literacy and pregnancy,
 1067  childbirth, and parenting education for women in the prenatal
 1068  and postpartum periods.
 1069         (d) For women during their pregnancies through the
 1070  postpartum periods, connection to support from doulas and other
 1071  perinatal health workers.
 1072         (e) Tools for prenatal women to conduct key components of
 1073  maternal wellness checks, including, but not limited to, all of
 1074  the following:
 1075         1. A device to measure body weight, such as a scale.
 1076         2. A device to measure blood pressure which has a verbal
 1077  reader to assist the pregnant woman in reading the device and to
 1078  ensure that the health care practitioner performing the wellness
 1079  check through telehealth is able to hear the reading.
 1080         3. A device to measure blood sugar levels with a verbal
 1081  reader to assist the pregnant woman in reading the device and to
 1082  ensure that the health care practitioner performing the wellness
 1083  check through telehealth is able to hear the reading.
 1084         4. Any other device that the health care practitioner
 1085  performing wellness checks through telehealth deems necessary.
 1086         (4) TRAINING.—The program pilot programs shall provide
 1087  training to participating health care practitioners and other
 1088  perinatal professionals on all of the following:
 1089         (a) Implicit and explicit biases, racism, and
 1090  discrimination in the provision of maternity care and how to
 1091  eliminate these barriers to accessing adequate and competent
 1092  maternity care.
 1093         (b) The use of remote patient monitoring tools for
 1094  pregnancy-related complications.
 1095         (c) How to screen for social determinants of health risks
 1096  in the prenatal and postpartum periods, such as inadequate
 1097  housing, lack of access to nutritional foods, environmental
 1098  risks, transportation barriers, and lack of continuity of care.
 1099         (d) Best practices in screening for and, as needed,
 1100  evaluating and treating maternal mental health conditions and
 1101  substance use disorders.
 1102         (e) Information collection, recording, and evaluation
 1103  activities to:
 1104         1. Study the impact of the pilot program;
 1105         2. Ensure access to and the quality of care;
 1106         3. Evaluate patient outcomes as a result of the pilot
 1107  program;
 1108         4. Measure patient experience; and
 1109         5. Identify best practices for the future expansion of the
 1110  pilot program.
 1111         (5) REPORTS.—By October 31, 2025, and each October 31
 1112  thereafter, the department shall submit a program report to the
 1113  Governor, the President of the Senate, and the Speaker of the
 1114  House of Representatives which includes, at a minimum, all of
 1115  the following for the previous fiscal year:
 1116         (a) The total number of clients served and the demographic
 1117  information for the population served, including ethnicity and
 1118  race, age, education levels, and geographic location.
 1119         (b) The total number of screenings performed, by type.
 1120         (c) The number of participants identified as having
 1121  experienced pregnancy-related complications, the number of
 1122  participants who received treatments for such complications, and
 1123  the final outcome of the pregnancy for such participants.
 1124         (d) The number of referrals made to the Healthy Start
 1125  program or other prenatal home visiting programs and the number
 1126  of participants who subsequently received services from such
 1127  programs.
 1128         (e) The number of referrals made to doulas and other
 1129  perinatal professionals and the number of participants who
 1130  subsequently received services from doulas and other perinatal
 1131  professionals.
 1132         (f) The number and types of devices given to participants
 1133  to conduct maternal wellness checks.
 1134         (g) The average length of participation by program
 1135  participants.
 1136         (h) Composite results of a participant survey that measures
 1137  the participants’ experience with the program.
 1138         (i) The total number of health care practitioners trained,
 1139  by provider type and specialty.
 1140         (j) The results of a survey of the health care
 1141  practitioners trained under the program. The survey must address
 1142  the quality and impact of the training provided, the health care
 1143  practitioners’ experiences using remote patient monitoring
 1144  tools, the best practices provided in the training, and any
 1145  suggestions for improvements.
 1146         (k) Aggregate data on the maternal and infant health
 1147  outcomes of program participants.
 1148         (l)For the initial report, all available quantifiable data
 1149  related to the telehealth minority maternity care pilot
 1150  programs.
 1151         (6) FUNDING.—The pilot programs shall be funded using funds
 1152  appropriated by the Legislature for the Closing the Gap grant
 1153  program. The department’s Division of Community Health Promotion
 1154  and Office of Minority Health and Health Equity shall also work
 1155  in partnership to apply for federal funds that are available to
 1156  assist the department in accomplishing the program’s purpose and
 1157  successfully implementing the program pilot programs.
 1158         (7)(6) RULES.—The department may adopt rules to implement
 1159  this section.
 1160         Section 6. Present subsections (1) through (8), (9), and
 1161  (10) of section 383.302, Florida Statutes, are redesignated as
 1162  subsections (2) through (9), (11), and (12), respectively, new
 1163  subsections (1) and (10) are added to that section, and present
 1164  subsection (4) of that section is amended, to read:
 1165         383.302 Definitions of terms used in ss. 383.30-383.332.—As
 1166  used in ss. 383.30-383.332, the term:
 1167         (1)“Advanced birth center” means a licensed birth center
 1168  designated as an advanced birth center which may perform trial
 1169  of labor after cesarean deliveries for screened patients who
 1170  qualify, planned low-risk cesarean deliveries, and anticipated
 1171  vaginal deliveries for laboring patients from the beginning of
 1172  the 37th week of gestation through the end of the 41st week of
 1173  gestation.
 1174         (5)(4) “Consultant” means a physician licensed pursuant to
 1175  chapter 458 or chapter 459 who agrees to provide advice and
 1176  services to a birth center and who either:
 1177         (a) Is certified or eligible for certification by the
 1178  American Board of Obstetrics and Gynecology or the American
 1179  Osteopathic Board of Obstetrics and Gynecology;, or
 1180         (b) Has hospital obstetrical privileges.
 1181         (10)“Medical director” means a person who holds an active
 1182  unrestricted license as a physician under chapter 458 or chapter
 1183  459.
 1184         Section 7. Section 383.3081, Florida Statutes, is created
 1185  to read:
 1186         383.3081Advanced birth center designation.—
 1187         (1)To be designated as an advanced birth center, a birth
 1188  center must, in addition to maintaining compliance with all of
 1189  the requirements under ss. 383.30-383.332 applicable to birth
 1190  centers and advanced birth centers, meet all of the following
 1191  criteria:
 1192         (a)Be operated and staffed 24 hours per day, 7 days per
 1193  week.
 1194         (b)Employ two medical directors to oversee the activities
 1195  of the center, one of whom must be a board-certified
 1196  obstetrician and one of whom must be a board-certified
 1197  anesthesiologist.
 1198         (c)Have at least one properly equipped, dedicated surgical
 1199  suite for the performance of cesarean deliveries.
 1200         (d)Employ at least one registered nurse and ensure that at
 1201  least one registered nurse is present in the center at all times
 1202  and has the ability to stabilize and facilitate the transfer of
 1203  patients and newborn infants when appropriate.
 1204         (e)Enter into a written agreement with a blood bank for
 1205  emergency blood bank services and have written protocols for the
 1206  management of obstetrical hemorrhage which include provisions
 1207  for emergency blood transfusions. If a patient admitted to an
 1208  advanced birth center receives an emergency blood transfusion at
 1209  the center, the patient must immediately thereafter be
 1210  transferred to a hospital for further care.
 1211         (f)Meet all standards adopted by rule for birth centers,
 1212  unless specified otherwise, and advanced birth centers pursuant
 1213  to s. 383.309.
 1214         (g)Comply with the Florida Building Code and Florida Fire
 1215  Prevention Code standards for ambulatory surgical centers.
 1216         (h)Qualify for, enter into, and maintain a Medicaid
 1217  provider agreement with the agency pursuant to s. 409.907 and
 1218  provide services to Medicaid recipients according to the terms
 1219  of the provider agreement.
 1220         (2)The agency shall establish by rule a process for
 1221  designating a birth center that meets the requirements of this
 1222  section as an advanced birth center.
 1223         Section 8. Section 383.309, Florida Statutes, is amended to
 1224  read:
 1225         383.309 Minimum standards for birth centers and advanced
 1226  birth centers; rules and enforcement.—
 1227         (1) The agency shall adopt and enforce rules to administer
 1228  ss. 383.30-383.332 and part II of chapter 408, which rules shall
 1229  include, but are not limited to, reasonable and fair minimum
 1230  standards for ensuring that:
 1231         (a) Sufficient numbers and qualified types of personnel and
 1232  occupational disciplines are available at all times to provide
 1233  necessary and adequate patient care and safety.
 1234         (b) Infection control, housekeeping, sanitary conditions,
 1235  disaster plan, and medical record procedures that will
 1236  adequately protect patient care and provide safety are
 1237  established and implemented.
 1238         (c) Licensed facilities are established, organized, and
 1239  operated consistent with established programmatic standards.
 1240         (2) The standards adopted by rule for designating a birth
 1241  center as an advanced birth center must, at a minimum, be
 1242  equivalent to the minimum standards adopted for ambulatory
 1243  surgical centers pursuant to s. 395.1055 and must include
 1244  standards for quality of care, blood transfusions, and sanitary
 1245  conditions for food handling and food service.
 1246         (3) The agency may not establish any rule governing the
 1247  design, construction, erection, alteration, modification,
 1248  repair, or demolition of birth centers. It is the intent of the
 1249  Legislature to preempt that function to the Florida Building
 1250  Commission and the State Fire Marshal through adoption and
 1251  maintenance of the Florida Building Code and the Florida Fire
 1252  Prevention Code. However, the agency shall provide technical
 1253  assistance to the commission and the State Fire Marshal in
 1254  updating the construction standards of the Florida Building Code
 1255  and the Florida Fire Prevention Code which govern birth centers.
 1256  In addition, the agency may enforce the special-occupancy
 1257  provisions of the Florida Building Code and the Florida Fire
 1258  Prevention Code which apply to birth centers in conducting any
 1259  inspection authorized under this chapter or part II of chapter
 1260  408.
 1261         Section 9. Section 383.313, Florida Statutes, is amended to
 1262  read:
 1263         383.313 Birth center performance of laboratory and surgical
 1264  services; use of anesthetic and chemical agents.—
 1265         (1) LABORATORY SERVICES.—A birth center may collect
 1266  specimens for those tests that are requested under protocol. A
 1267  birth center must obtain and continuously maintain certification
 1268  by the Centers for Medicare and Medicaid Services under the
 1269  federal Clinical Laboratory Improvement Amendments and the
 1270  federal rules adopted thereunder in order to perform laboratory
 1271  tests specified by rule of the agency, and which are appropriate
 1272  to meet the needs of the patient.
 1273         (2) SURGICAL SERVICES.—Except for advanced birth centers
 1274  authorized to provide surgical services under s. 383.3131, only
 1275  those surgical procedures that are shall be limited to those
 1276  normally performed during uncomplicated childbirths, such as
 1277  episiotomies and repairs, may be performed at a birth center.
 1278  and shall not include Operative obstetrics or caesarean sections
 1279  may not be performed at a birth center.
 1280         (3) ADMINISTRATION OF ANALGESIA AND ANESTHESIA.—General and
 1281  conduction anesthesia may not be administered at a birth center.
 1282  Systemic analgesia may be administered, and local anesthesia for
 1283  pudendal block and episiotomy repair may be performed if
 1284  procedures are outlined by the clinical staff and performed by
 1285  personnel who have the with statutory authority to do so.
 1286         (4) INTRAPARTAL USE OF CHEMICAL AGENTS.—Labor may not be
 1287  inhibited, stimulated, or augmented with chemical agents during
 1288  the first or second stage of labor unless prescribed by
 1289  personnel who have the with statutory authority to do so and
 1290  unless in connection with and before prior to emergency
 1291  transport.
 1292         Section 10. Section 383.3131, Florida Statutes, is created
 1293  to read:
 1294         383.3131Advanced birth center performance of laboratory
 1295  and surgical services; use of anesthetic and chemical agents.—
 1296         (1)LABORATORY SERVICES.—An advanced birth center shall
 1297  have a clinical laboratory on site. The clinical laboratory
 1298  must, at a minimum, be capable of providing laboratory testing
 1299  for hematology, metabolic screening, liver function, and
 1300  coagulation studies. An advanced birth center may collect
 1301  specimens for those tests that are requested under protocol. An
 1302  advanced birth center may perform laboratory tests as defined by
 1303  rule of the agency. Laboratories located in advanced birth
 1304  centers must be appropriately certified by the Centers for
 1305  Medicare and Medicaid Services under the federal Clinical
 1306  Laboratory Improvement Amendments and the federal rules adopted
 1307  thereunder.
 1308         (2)SURGICAL SERVICES.—In addition to surgical procedures
 1309  authorized under s. 383.313(2), surgical procedures for low-risk
 1310  cesarean deliveries and surgical management of immediate
 1311  complications may also be performed at an advanced birth center.
 1312  Postpartum sterilization may be performed before discharge of
 1313  the patient who has given birth during that admission.
 1314  Circumcisions may be performed before discharge of the newborn
 1315  infant.
 1316         (3)ADMINISTRATION OF ANALGESIA AND ANESTHESIA.—General,
 1317  conduction, and local anesthesia may be administered at an
 1318  advanced birth center if administered by personnel who have the
 1319  statutory authority to do so. All general anesthesia must be
 1320  administered by an anesthesiologist or a certified registered
 1321  nurse anesthetist in accordance with s. 464.012. When general
 1322  anesthesia is administered, a physician or a certified
 1323  registered nurse anesthetist must be present in the advanced
 1324  birth center during the anesthesia and postanesthesia recovery
 1325  period until the patient is fully alert. Each advanced birth
 1326  center shall comply with s. 395.0191(2)(b).
 1327         (4)INTRAPARTAL USE OF CHEMICAL AGENTS.—Labor may be
 1328  inhibited, stimulated, or augmented with chemical agents during
 1329  the first or second stage of labor at an advanced birth center
 1330  if prescribed by personnel who have the statutory authority to
 1331  do so. Labor may be electively induced beginning at the 39th
 1332  week of gestation for a patient with a documented Bishop score
 1333  of 8 or greater.
 1334         Section 11. Subsection (3) is added to section 383.315,
 1335  Florida Statutes, to read:
 1336         383.315 Agreements with consultants for advice or services;
 1337  maintenance.—
 1338         (3)An advanced birth center shall employ or maintain an
 1339  agreement with an obstetrician who must be on call at all times
 1340  during which a patient is in active labor in the center to
 1341  attend deliveries, available to respond to emergencies, and,
 1342  when necessary, available to perform cesarean deliveries.
 1343         Section 12. Section 383.316, Florida Statutes, is amended
 1344  to read:
 1345         383.316 Transfer and transport of clients to hospitals.—
 1346         (1) If unforeseen complications arise during labor,
 1347  delivery, or postpartum recovery, the client must shall be
 1348  transferred to a hospital.
 1349         (2) Each birth center licensed facility shall make
 1350  arrangements with a local ambulance service licensed under
 1351  chapter 401 for the transport of emergency patients to a
 1352  hospital. Such arrangements must shall be documented in the
 1353  center’s policy and procedures manual of the facility if the
 1354  birth center does not own or operate a licensed ambulance. The
 1355  policy and procedures manual shall also must contain specific
 1356  protocols for the transfer of any patient to a licensed
 1357  hospital.
 1358         (3) Each advanced birth center shall enter into a written
 1359  transfer agreement with a local hospital licensed under chapter
 1360  395 for the transfer and admission of emergency patients to the
 1361  hospital or a written agreement with an obstetrician who has
 1362  hospital privileges to provide coverage at all times and who has
 1363  agreed to accept the transfer of the advanced birth center’s
 1364  patients.
 1365         (4) A birth center licensed facility shall identify
 1366  neonatal-specific transportation services, including ground and
 1367  air ambulances; list their particular qualifications; and have
 1368  the telephone numbers for access to these services clearly
 1369  listed and immediately available.
 1370         (5)(4)The birth center shall assess and document Annual
 1371  assessments of the transportation services and transfer
 1372  protocols annually shall be made and documented.
 1373         Section 13. Present subsections (2) and (3) of section
 1374  383.318, Florida Statutes, are redesignated as subsections (3)
 1375  and (4), respectively, a new subsection (2) is added to that
 1376  section, and subsection (1) of that section is amended, to read:
 1377         383.318 Postpartum care for birth center clients and
 1378  infants.—
 1379         (1) Except at advanced birth centers that must adhere to
 1380  the requirements of subsection (2), a mother and her infant must
 1381  shall be dismissed from a the birth center within 24 hours after
 1382  the birth of the infant, except in unusual circumstances as
 1383  defined by rule of the agency. If a mother or an infant is
 1384  retained at the birth center for more than 24 hours after the
 1385  birth, a report must shall be filed with the agency within 48
 1386  hours after of the birth and must describe describing the
 1387  circumstances and the reasons for the decision.
 1388         (2)(a)A mother and her infant must be dismissed from an
 1389  advanced birth center within 48 hours after a vaginal delivery
 1390  of the infant or within 72 hours after a delivery by cesarean
 1391  section, except in unusual circumstances as defined by rule of
 1392  the agency.
 1393         (b)If a mother or an infant is retained at the advanced
 1394  birth center for more than the timeframes set forth in paragraph
 1395  (a), a report must be filed with the agency within 48 hours
 1396  after the scheduled discharge time and must describe the
 1397  circumstances and the reasons for the decision.
 1398         Section 14. Subsections (5), (31), and (36) of section
 1399  394.455, Florida Statutes, are amended to read:
 1400         394.455 Definitions.—As used in this part, the term:
 1401         (5) “Clinical psychologist” means a person licensed to
 1402  practice psychology under chapter 490 a psychologist as defined
 1403  in s. 490.003(7) with 3 years of postdoctoral experience in the
 1404  practice of clinical psychology, inclusive of the experience
 1405  required for licensure, or a psychologist employed by a facility
 1406  operated by the United States Department of Veterans Affairs
 1407  that qualifies as a receiving or treatment facility under this
 1408  part.
 1409         (31) “Mobile crisis response service” or “mobile response
 1410  team” means a nonresidential behavioral health crisis service
 1411  available 24 hours per day, 7 days per week which provides
 1412  immediate intensive assessments and interventions, including
 1413  screening for admission into a mental health receiving facility,
 1414  an addictions receiving facility, or a detoxification facility,
 1415  for the purpose of identifying appropriate treatment services.
 1416         (36) “Psychiatric nurse” means an advanced practice
 1417  registered nurse licensed under s. 464.012 who has a master’s or
 1418  doctoral degree in psychiatric nursing and, holds a national
 1419  advanced practice certification as a psychiatric mental health
 1420  advanced practice nurse, and has 1 year 2 years of post-master’s
 1421  clinical experience under the supervision of a physician.
 1422         Section 15. Paragraph (c) of subsection (5) of section
 1423  394.457, Florida Statutes, is amended to read:
 1424         394.457 Operation and administration.—
 1425         (5) RULES.—
 1426         (c) The department shall adopt rules establishing minimum
 1427  standards for services provided by a mental health overlay
 1428  program or a mobile crisis response service. Minimum standards
 1429  for a mobile crisis response service must:
 1430         1.Include the requirements of the child, adolescent, and
 1431  young adult mobile response teams established under s.
 1432  394.495(7) and ensure coverage of all counties by these
 1433  specified teams; and
 1434         2.Create a structure for general mobile response teams
 1435  which focuses on emergency room diversion and the reduction of
 1436  involuntary commitment under this chapter. The structure must
 1437  require, but need not be limited to, the following:
 1438         a.Triage and rapid crisis intervention within 60 minutes;
 1439         b.Provision of and referral to evidence-based services
 1440  that are responsive to the needs of the individual and the
 1441  individual’s family;
 1442         c.Screening, assessment, early identification, and care
 1443  coordination; and
 1444         d.Follow-up at 90 and 180 days to gather outcome data on a
 1445  mobile crisis response encounter to determine efficacy of the
 1446  mobile crisis response service.
 1447         Section 16. Subsections (1) and (3) of section 394.4598,
 1448  Florida Statutes, are amended to read:
 1449         394.4598 Guardian advocate.—
 1450         (1) The administrator may petition the court for the
 1451  appointment of a guardian advocate based upon the opinion of a
 1452  psychiatrist or psychiatric nurse practicing within the
 1453  framework of an established protocol with a psychiatrist that
 1454  the patient is incompetent to consent to treatment. If the court
 1455  finds that a patient is incompetent to consent to treatment and
 1456  has not been adjudicated incapacitated and had a guardian with
 1457  the authority to consent to mental health treatment appointed,
 1458  the court must it shall appoint a guardian advocate. The patient
 1459  has the right to have an attorney represent him or her at the
 1460  hearing. If the person is indigent, the court must shall appoint
 1461  the office of the public defender to represent him or her at the
 1462  hearing. The patient has the right to testify, cross-examine
 1463  witnesses, and present witnesses. The proceeding must shall be
 1464  recorded, either electronically or stenographically, and
 1465  testimony must shall be provided under oath. One of the
 1466  professionals authorized to give an opinion in support of a
 1467  petition for involuntary placement, as described in s. 394.4655
 1468  or s. 394.467, must testify. A guardian advocate must meet the
 1469  qualifications of a guardian contained in part IV of chapter
 1470  744, except that a professional referred to in this part, an
 1471  employee of the facility providing direct services to the
 1472  patient under this part, a departmental employee, a facility
 1473  administrator, or member of the Florida local advocacy council
 1474  shall not be appointed. A person who is appointed as a guardian
 1475  advocate must agree to the appointment.
 1476         (3) A facility requesting appointment of a guardian
 1477  advocate must, before prior to the appointment, provide the
 1478  prospective guardian advocate with information about the duties
 1479  and responsibilities of guardian advocates, including the
 1480  information about the ethics of medical decisionmaking. Before
 1481  asking a guardian advocate to give consent to treatment for a
 1482  patient, the facility shall provide to the guardian advocate
 1483  sufficient information so that the guardian advocate can decide
 1484  whether to give express and informed consent to the treatment,
 1485  including information that the treatment is essential to the
 1486  care of the patient, and that the treatment does not present an
 1487  unreasonable risk of serious, hazardous, or irreversible side
 1488  effects. Before giving consent to treatment, the guardian
 1489  advocate must meet and talk with the patient and the patient’s
 1490  physician or psychiatric nurse practicing within the framework
 1491  of an established protocol with a psychiatrist in person, if at
 1492  all possible, and by telephone, if not. The decision of the
 1493  guardian advocate may be reviewed by the court, upon petition of
 1494  the patient’s attorney, the patient’s family, or the facility
 1495  administrator.
 1496         Section 17. Subsection (11) of section 394.4615, Florida
 1497  Statutes, is amended to read:
 1498         394.4615 Clinical records; confidentiality.—
 1499         (11) Patients must shall have reasonable access to their
 1500  clinical records, unless such access is determined by the
 1501  patient’s physician or the patient’s psychiatric nurse to be
 1502  harmful to the patient. If the patient’s right to inspect his or
 1503  her clinical record is restricted by the facility, written
 1504  notice of such restriction must shall be given to the patient
 1505  and the patient’s guardian, guardian advocate, attorney, and
 1506  representative. In addition, the restriction must shall be
 1507  recorded in the clinical record, together with the reasons for
 1508  it. The restriction of a patient’s right to inspect his or her
 1509  clinical record expires shall expire after 7 days but may be
 1510  renewed, after review, for subsequent 7-day periods.
 1511         Section 18. Paragraph (f) of subsection (1) and subsection
 1512  (5) of section 394.4625, Florida Statutes, are amended to read:
 1513         394.4625 Voluntary admissions.—
 1514         (1) AUTHORITY TO RECEIVE PATIENTS.—
 1515         (f) Within 24 hours after admission of a voluntary patient,
 1516  the treating admitting physician or psychiatric nurse practicing
 1517  within the framework of an established protocol with a
 1518  psychiatrist shall document in the patient’s clinical record
 1519  that the patient is able to give express and informed consent
 1520  for admission. If the patient is not able to give express and
 1521  informed consent for admission, the facility must shall either
 1522  discharge the patient or transfer the patient to involuntary
 1523  status pursuant to subsection (5).
 1524         (5) TRANSFER TO INVOLUNTARY STATUS.—When a voluntary
 1525  patient, or an authorized person on the patient’s behalf, makes
 1526  a request for discharge, the request for discharge, unless
 1527  freely and voluntarily rescinded, must be communicated to a
 1528  physician, a clinical psychologist with at least 3 years of
 1529  clinical experience, or a psychiatrist as quickly as possible,
 1530  but not later than 12 hours after the request is made. If the
 1531  patient meets the criteria for involuntary placement, the
 1532  administrator of the facility must file with the court a
 1533  petition for involuntary placement, within 2 court working days
 1534  after the request for discharge is made. If the petition is not
 1535  filed within 2 court working days, the patient must shall be
 1536  discharged. Pending the filing of the petition, the patient may
 1537  be held and emergency treatment rendered in the least
 1538  restrictive manner, upon the written order of a physician or a
 1539  psychiatric nurse practicing within the framework of an
 1540  established protocol with a psychiatrist, if it is determined
 1541  that such treatment is necessary for the safety of the patient
 1542  or others.
 1543         Section 19. Paragraph (f) of subsection (2) of section
 1544  394.463, Florida Statutes, is amended to read:
 1545         394.463 Involuntary examination.—
 1546         (2) INVOLUNTARY EXAMINATION.—
 1547         (f) A patient must shall be examined by a physician or a
 1548  clinical psychologist, or by a psychiatric nurse performing
 1549  within the framework of an established protocol with a
 1550  psychiatrist at a facility without unnecessary delay to
 1551  determine if the criteria for involuntary services are met.
 1552  Emergency treatment may be provided upon the order of a
 1553  physician or a psychiatric nurse practicing within the framework
 1554  of an established protocol with a psychiatrist if the physician
 1555  or psychiatric nurse determines that such treatment is necessary
 1556  for the safety of the patient or others. The patient may not be
 1557  released by the receiving facility or its contractor without the
 1558  documented approval of a psychiatrist or a clinical psychologist
 1559  with at least 3 years of clinical experience or, if the
 1560  receiving facility is owned or operated by a hospital, health
 1561  system, or nationally accredited community mental health center,
 1562  the release may also be approved by a psychiatric nurse
 1563  performing within the framework of an established protocol with
 1564  a psychiatrist, or an attending emergency department physician
 1565  with experience in the diagnosis and treatment of mental illness
 1566  after completion of an involuntary examination pursuant to this
 1567  subsection. A psychiatric nurse may not approve the release of a
 1568  patient if the involuntary examination was initiated by a
 1569  psychiatrist unless the release is approved by the initiating
 1570  psychiatrist. The release may be approved through telehealth.
 1571         Section 20. Paragraphs (a) and (b) of subsection (3),
 1572  paragraph (b) of subsection (7), and paragraph (a) of subsection
 1573  (8) of section 394.4655, Florida Statutes, are amended to read:
 1574         394.4655 Involuntary outpatient services.—
 1575         (3) INVOLUNTARY OUTPATIENT SERVICES.—
 1576         (a)1. A patient who is being recommended for involuntary
 1577  outpatient services by the administrator of the facility where
 1578  the patient has been examined may be retained by the facility
 1579  after adherence to the notice procedures provided in s.
 1580  394.4599. The recommendation must be supported by the opinion of
 1581  a psychiatrist and the second opinion of a clinical psychologist
 1582  with at least 3 years of clinical experience, or another
 1583  psychiatrist, or a psychiatric nurse practicing within the
 1584  framework of an established protocol with a psychiatrist, both
 1585  of whom have personally examined the patient within the
 1586  preceding 72 hours, that the criteria for involuntary outpatient
 1587  services are met. However, if the administrator certifies that a
 1588  psychiatrist or a clinical psychologist with at least 3 years of
 1589  clinical experience is not available to provide the second
 1590  opinion, the second opinion may be provided by a licensed
 1591  physician who has postgraduate training and experience in
 1592  diagnosis and treatment of mental illness, a physician assistant
 1593  who has at least 3 years’ experience and is supervised by such
 1594  licensed physician or a psychiatrist, a clinical social worker,
 1595  a clinical psychologist with less than 3 years of clinical
 1596  experience, or by a psychiatric nurse. Any second opinion
 1597  authorized in this subparagraph may be conducted through a face
 1598  to-face examination, in person or by electronic means. Such
 1599  recommendation must be entered on an involuntary outpatient
 1600  services certificate that authorizes the facility to retain the
 1601  patient pending completion of a hearing. The certificate must be
 1602  made a part of the patient’s clinical record.
 1603         2. If the patient has been stabilized and no longer meets
 1604  the criteria for involuntary examination pursuant to s.
 1605  394.463(1), the patient must be released from the facility while
 1606  awaiting the hearing for involuntary outpatient services. Before
 1607  filing a petition for involuntary outpatient services, the
 1608  administrator of the facility or a designated department
 1609  representative must identify the service provider that will have
 1610  primary responsibility for service provision under an order for
 1611  involuntary outpatient services, unless the person is otherwise
 1612  participating in outpatient psychiatric treatment and is not in
 1613  need of public financing for that treatment, in which case the
 1614  individual, if eligible, may be ordered to involuntary treatment
 1615  pursuant to the existing psychiatric treatment relationship.
 1616         3. The service provider shall prepare a written proposed
 1617  treatment plan in consultation with the patient or the patient’s
 1618  guardian advocate, if appointed, for the court’s consideration
 1619  for inclusion in the involuntary outpatient services order that
 1620  addresses the nature and extent of the mental illness and any
 1621  co-occurring substance use disorder that necessitate involuntary
 1622  outpatient services. The treatment plan must specify the likely
 1623  level of care, including the use of medication, and anticipated
 1624  discharge criteria for terminating involuntary outpatient
 1625  services. Service providers may select and supervise other
 1626  individuals to implement specific aspects of the treatment plan.
 1627  The services in the plan must be deemed clinically appropriate
 1628  by a physician, clinical psychologist, psychiatric nurse, mental
 1629  health counselor, marriage and family therapist, or clinical
 1630  social worker who consults with, or is employed or contracted
 1631  by, the service provider. The service provider must certify to
 1632  the court in the proposed plan whether sufficient services for
 1633  improvement and stabilization are currently available and
 1634  whether the service provider agrees to provide those services.
 1635  If the service provider certifies that the services in the
 1636  proposed treatment plan are not available, the petitioner may
 1637  not file the petition. The service provider must notify the
 1638  managing entity if the requested services are not available. The
 1639  managing entity must document such efforts to obtain the
 1640  requested services.
 1641         (b) If a patient in involuntary inpatient placement meets
 1642  the criteria for involuntary outpatient services, the
 1643  administrator of the facility may, before the expiration of the
 1644  period during which the facility is authorized to retain the
 1645  patient, recommend involuntary outpatient services. The
 1646  recommendation must be supported by the opinion of a
 1647  psychiatrist and the second opinion of a clinical psychologist
 1648  with at least 3 years of clinical experience, or another
 1649  psychiatrist, or a psychiatric nurse practicing within the
 1650  framework of an established protocol with a psychiatrist, both
 1651  of whom have personally examined the patient within the
 1652  preceding 72 hours, that the criteria for involuntary outpatient
 1653  services are met. However, if the administrator certifies that a
 1654  psychiatrist or a clinical psychologist with at least 3 years of
 1655  clinical experience is not available to provide the second
 1656  opinion, the second opinion may be provided by a licensed
 1657  physician who has postgraduate training and experience in
 1658  diagnosis and treatment of mental illness, a physician assistant
 1659  who has at least 3 years’ experience and is supervised by such
 1660  licensed physician or a psychiatrist, a clinical social worker,
 1661  a clinical psychologist with less than 3 years of clinical
 1662  experience, or by a psychiatric nurse. Any second opinion
 1663  authorized in this subparagraph may be conducted through a face
 1664  to-face examination, in person or by electronic means. Such
 1665  recommendation must be entered on an involuntary outpatient
 1666  services certificate, and the certificate must be made a part of
 1667  the patient’s clinical record.
 1668         (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES.—
 1669         (b)1. If the court concludes that the patient meets the
 1670  criteria for involuntary outpatient services pursuant to
 1671  subsection (2), the court must shall issue an order for
 1672  involuntary outpatient services. The court order must shall be
 1673  for a period of up to 90 days. The order must specify the nature
 1674  and extent of the patient’s mental illness. The order of the
 1675  court and the treatment plan must be made part of the patient’s
 1676  clinical record. The service provider shall discharge a patient
 1677  from involuntary outpatient services when the order expires or
 1678  any time the patient no longer meets the criteria for
 1679  involuntary placement. Upon discharge, the service provider
 1680  shall send a certificate of discharge to the court.
 1681         2. The court may not order the department or the service
 1682  provider to provide services if the program or service is not
 1683  available in the patient’s local community, if there is no space
 1684  available in the program or service for the patient, or if
 1685  funding is not available for the program or service. The service
 1686  provider must notify the managing entity if the requested
 1687  services are not available. The managing entity must document
 1688  such efforts to obtain the requested services. A copy of the
 1689  order must be sent to the managing entity by the service
 1690  provider within 1 working day after it is received from the
 1691  court. The order may be submitted electronically through
 1692  existing data systems. After the order for involuntary services
 1693  is issued, the service provider and the patient may modify the
 1694  treatment plan. For any material modification of the treatment
 1695  plan to which the patient or, if one is appointed, the patient’s
 1696  guardian advocate agrees, the service provider shall send notice
 1697  of the modification to the court. Any material modifications of
 1698  the treatment plan which are contested by the patient or the
 1699  patient’s guardian advocate, if applicable, must be approved or
 1700  disapproved by the court consistent with subsection (3).
 1701         3. If, in the clinical judgment of a physician or a
 1702  psychiatric nurse practicing within the framework of an
 1703  established protocol with a psychiatrist, the patient has failed
 1704  or has refused to comply with the treatment ordered by the
 1705  court, and, in the clinical judgment of the physician or
 1706  psychiatric nurse, efforts were made to solicit compliance and
 1707  the patient may meet the criteria for involuntary examination, a
 1708  person may be brought to a receiving facility pursuant to s.
 1709  394.463. If, after examination, the patient does not meet the
 1710  criteria for involuntary inpatient placement pursuant to s.
 1711  394.467, the patient must be discharged from the facility. The
 1712  involuntary outpatient services order must shall remain in
 1713  effect unless the service provider determines that the patient
 1714  no longer meets the criteria for involuntary outpatient services
 1715  or until the order expires. The service provider must determine
 1716  whether modifications should be made to the existing treatment
 1717  plan and must attempt to continue to engage the patient in
 1718  treatment. For any material modification of the treatment plan
 1719  to which the patient or the patient’s guardian advocate, if
 1720  applicable, agrees, the service provider shall send notice of
 1721  the modification to the court. Any material modifications of the
 1722  treatment plan which are contested by the patient or the
 1723  patient’s guardian advocate, if applicable, must be approved or
 1724  disapproved by the court consistent with subsection (3).
 1725         (8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 1726  SERVICES.—
 1727         (a)1. If the person continues to meet the criteria for
 1728  involuntary outpatient services, the service provider must
 1729  shall, at least 10 days before the expiration of the period
 1730  during which the treatment is ordered for the person, file in
 1731  the court that issued the order for involuntary outpatient
 1732  services a petition for continued involuntary outpatient
 1733  services. The court shall immediately schedule a hearing on the
 1734  petition to be held within 15 days after the petition is filed.
 1735         2. The existing involuntary outpatient services order
 1736  remains in effect until disposition on the petition for
 1737  continued involuntary outpatient services.
 1738         3. A certificate must shall be attached to the petition
 1739  which includes a statement from the person’s physician or a
 1740  clinical psychologist with at least 3 years of clinical
 1741  experience justifying the request, a brief description of the
 1742  patient’s treatment during the time he or she was receiving
 1743  involuntary services, and an individualized plan of continued
 1744  treatment.
 1745         4. The service provider shall develop the individualized
 1746  plan of continued treatment in consultation with the patient or
 1747  the patient’s guardian advocate, if applicable. When the
 1748  petition has been filed, the clerk of the court shall provide
 1749  copies of the certificate and the individualized plan of
 1750  continued services to the department, the patient, the patient’s
 1751  guardian advocate, the state attorney, and the patient’s private
 1752  counsel or the public defender.
 1753         Section 21. Subsection (2) of section 394.467, Florida
 1754  Statutes, is amended to read:
 1755         394.467 Involuntary inpatient placement.—
 1756         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
 1757  retained by a facility or involuntarily placed in a treatment
 1758  facility upon the recommendation of the administrator of the
 1759  facility where the patient has been examined and after adherence
 1760  to the notice and hearing procedures provided in s. 394.4599.
 1761  The recommendation must be supported by the opinion of a
 1762  psychiatrist and the second opinion of a clinical psychologist
 1763  with at least 3 years of clinical experience, or another
 1764  psychiatrist, or a psychiatric nurse practicing within the
 1765  framework of an established protocol with a psychiatrist, both
 1766  of whom have personally examined the patient within the
 1767  preceding 72 hours, that the criteria for involuntary inpatient
 1768  placement are met. However, if the administrator certifies that
 1769  a psychiatrist or a clinical psychologist with at least 3 years
 1770  of clinical experience is not available to provide the second
 1771  opinion, the second opinion may be provided by a licensed
 1772  physician who has postgraduate training and experience in
 1773  diagnosis and treatment of mental illness, a clinical
 1774  psychologist with less than 3 years of clinical experience, or
 1775  by a psychiatric nurse. Any opinion authorized in this
 1776  subsection may be conducted through a face-to-face examination,
 1777  in person, or by electronic means. Such recommendation must
 1778  shall be entered on a petition for involuntary inpatient
 1779  placement certificate that authorizes the facility to retain the
 1780  patient pending transfer to a treatment facility or completion
 1781  of a hearing.
 1782         Section 22. Subsection (1) of section 394.4781, Florida
 1783  Statutes, is amended to read:
 1784         394.4781 Residential care for psychotic and emotionally
 1785  disturbed children.—
 1786         (1) DEFINITIONS.—As used in this section, the term:
 1787         (b)(a) “Psychotic or severely emotionally disturbed child”
 1788  means a child so diagnosed by a psychiatrist or a clinical
 1789  psychologist with at least 3 years of clinical experience, each
 1790  of whom must have who has specialty training and experience with
 1791  children. Such a severely emotionally disturbed child or
 1792  psychotic child shall be considered by this diagnosis to benefit
 1793  by and require residential care as contemplated by this section.
 1794         (a)(b) “Department” means the Department of Children and
 1795  Families.
 1796         Section 23. Subsection (2) of section 394.4785, Florida
 1797  Statutes, is amended to read:
 1798         394.4785 Children and adolescents; admission and placement
 1799  in mental facilities.—
 1800         (2) A person under the age of 14 who is admitted to any
 1801  hospital licensed pursuant to chapter 395 may not be admitted to
 1802  a bed in a room or ward with an adult patient in a mental health
 1803  unit or share common areas with an adult patient in a mental
 1804  health unit. However, a person 14 years of age or older may be
 1805  admitted to a bed in a room or ward in the mental health unit
 1806  with an adult if the admitting physician or psychiatric nurse
 1807  documents in the case record that such placement is medically
 1808  indicated or for reasons of safety. Such placement must shall be
 1809  reviewed by the attending physician or a designee or on-call
 1810  physician each day and documented in the case record.
 1811         Section 24. Effective upon this act becoming a law, the
 1812  Agency for Health Care Administration shall seek federal
 1813  approval for coverage and reimbursement authority for mobile
 1814  crisis response services pursuant to 42 U.S.C. s. 1396w-6. The
 1815  Department of Children and Families must coordinate with the
 1816  Agency for Health Care Administration to educate contracted
 1817  providers of child, adolescent, and young adult mobile response
 1818  team services on the process to enroll as a Medicaid provider;
 1819  encourage and incentivize enrollment as a Medicaid provider; and
 1820  reduce barriers to maximizing federal reimbursement for
 1821  community-based mobile crisis response services.
 1822         Section 25. Paragraph (a) of subsection (1) of section
 1823  394.875, Florida Statutes, is amended to read:
 1824         394.875 Crisis stabilization units, residential treatment
 1825  facilities, and residential treatment centers for children and
 1826  adolescents; authorized services; license required.—
 1827         (1)(a) The purpose of a crisis stabilization unit is to
 1828  stabilize and redirect a client to the most appropriate and
 1829  least restrictive community setting available, consistent with
 1830  the client’s needs. Crisis stabilization units may screen,
 1831  assess, and admit for stabilization persons who present
 1832  themselves to the unit and persons who are brought to the unit
 1833  under s. 394.463. Clients may be provided 24-hour observation,
 1834  medication prescribed by a physician, or psychiatrist, or
 1835  psychiatric nurse performing within the framework of an
 1836  established protocol with a psychiatrist, and other appropriate
 1837  services. Crisis stabilization units shall provide services
 1838  regardless of the client’s ability to pay and shall be limited
 1839  in size to a maximum of 30 beds.
 1840         Section 26. Paragraphs (i) and (j) are added to subsection
 1841  (1) of section 395.1055, Florida Statutes, to read:
 1842         395.1055 Rules and enforcement.—
 1843         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
 1844  and 120.54 to implement the provisions of this part, which shall
 1845  include reasonable and fair minimum standards for ensuring that:
 1846         (i) A hospital does not accept any payment from a medical
 1847  school in exchange for, or directly or indirectly related to,
 1848  allowing students from the medical school to obtain clinical
 1849  hours or instruction at that hospital.
 1850         (j)All hospitals with an emergency department, including
 1851  hospital-based off-campus emergency departments, submit to the
 1852  agency for approval a plan for assisting patients to gain access
 1853  to appropriate care settings when patients either present at the
 1854  emergency department with nonemergent health care needs or
 1855  indicate, when receiving triage or treatment at the hospital,
 1856  that they lack regular access to primary care, in order to
 1857  divert such patients from presenting at the emergency department
 1858  for future nonemergent care. Effective July 1, 2025, such
 1859  emergency department diversion plan must be approved by the
 1860  agency before the hospital may receive initial licensure or
 1861  licensure renewal occurring after that date. A hospital with an
 1862  approved emergency department diversion plan must submit data to
 1863  the agency demonstrating the effectiveness of its plan on an
 1864  annual basis and must update the plan as necessary, or as
 1865  directed by the agency, before each licensure renewal. An
 1866  emergency department diversion plan must include at least one of
 1867  the following:
 1868         1. A partnership agreement with one or more nearby
 1869  federally qualified health centers or other primary care
 1870  settings. The goals of such partnership agreement must include,
 1871  but need not be limited to, identifying patients who present at
 1872  the emergency department for nonemergent care, care that would
 1873  best be provided in a primary care setting, or emergency care
 1874  that could potentially have been avoided through the regular
 1875  provision of primary care, and establishing a relationship
 1876  between the patient and the federally qualified health center or
 1877  other primary care setting so that the patient develops a
 1878  medical home at such setting for nonemergent and preventative
 1879  health care services.
 1880         2.The establishment, construction, and operation of a
 1881  hospital-owned urgent care center adjacent to the hospital
 1882  emergency department location or an agreement with an urgent
 1883  care center within 3 miles of the emergency department if
 1884  located in an urban area as defined in s. 189.041(1)(b) and
 1885  within 10 miles of the emergency department if located in a
 1886  rural community as defined in s. 288.0656(2). Under the
 1887  hospital’s emergency department diversion plan, and as
 1888  appropriate for the patients’ needs, the hospital shall seek to
 1889  divert to the urgent care center those patients who present at
 1890  the emergency department needing nonemergent health care
 1891  services and subsequently assist the patient in obtaining
 1892  primary care.
 1893  
 1894  For such patients who are enrolled in the Medicaid program and
 1895  are members of a Medicaid managed care plan, the hospital’s
 1896  emergency department diversion plan must include outreach to the
 1897  patient’s Medicaid managed care plan and coordination with the
 1898  managed care plan for establishing a relationship between the
 1899  patient and a primary care setting as appropriate for the
 1900  patient, which may include a federally qualified health center
 1901  or other primary care setting with which the hospital has a
 1902  partnership agreement. For such a Medicaid enrollee, the agency
 1903  shall establish a process for the hospital to share updated
 1904  contact information for the patient, if in the hospital’s
 1905  possession, with the patient’s managed care plan.
 1906         Section 27. Present subsections (5) and (6) of section
 1907  408.051, Florida Statutes, are redesignated as subsections (6)
 1908  and (7), respectively, and a new subsection (5) is added to that
 1909  section, to read:
 1910         408.051 Florida Electronic Health Records Exchange Act.—
 1911         (5) HOSPITAL DATA.—A hospital as defined in s. 395.002(12)
 1912  which maintains certified electronic health record technology
 1913  must make available admit, transfer, and discharge data to the
 1914  agency’s Florida Health Information Exchange program for the
 1915  purpose of supporting public health data registries and patient
 1916  care coordination. The agency may adopt rules to implement this
 1917  subsection.
 1918         Section 28. Present subsection (8) of section 409.909,
 1919  Florida Statutes, is redesignated as subsection (10), a new
 1920  subsection (8) and subsection (9) are added to that section, and
 1921  paragraph (a) of subsection (6) of that section is amended, to
 1922  read:
 1923         409.909 Statewide Medicaid Residency Program.—
 1924         (6) The Slots for Doctors Program is established to address
 1925  the physician workforce shortage by increasing the supply of
 1926  highly trained physicians through the creation of new resident
 1927  positions, which will increase access to care and improve health
 1928  outcomes for Medicaid recipients.
 1929         (a)1. Notwithstanding subsection (4), the agency shall
 1930  annually allocate $100,000 to hospitals and qualifying
 1931  institutions for each newly created resident position that is
 1932  first filled on or after June 1, 2023, and filled thereafter,
 1933  and that is accredited by the Accreditation Council for Graduate
 1934  Medical Education or the Osteopathic Postdoctoral Training
 1935  Institution in an initial or established accredited training
 1936  program which is in a physician specialty or subspecialty in a
 1937  statewide supply-and-demand deficit.
 1938         2.Notwithstanding the requirement that a new resident
 1939  position be created to receive funding under this subsection,
 1940  the agency may allocate $100,000 to hospitals and qualifying
 1941  institutions, pursuant to subparagraph 1., for up to 200
 1942  resident positions that existed before July 1, 2023, if such
 1943  resident position:
 1944         a.Is in a physician specialty or subspecialty experiencing
 1945  a statewide supply-and-demand deficit;
 1946         b.Has been unfilled for a period of 3 or more years;
 1947         c.Is subsequently filled on or after June 1, 2024, and
 1948  remains filled thereafter; and
 1949         d.Is accredited by the Accreditation Council for Graduate
 1950  Medical Education or the Osteopathic Postdoctoral Training
 1951  Institution in an initial or established accredited training
 1952  program.
 1953         3.If applications for resident positions under this
 1954  paragraph exceed the number of authorized resident positions or
 1955  the available funding allocated, the agency shall prioritize
 1956  applications for resident positions that are in a primary care
 1957  specialty as specified in paragraph (2)(a).
 1958         (8)If a hospital or qualifying institution receives state
 1959  funds, including, but not limited to, intergovernmental
 1960  transfers, under any of the programs established under this
 1961  chapter, that hospital or qualifying institution must annually
 1962  report to the agency data on each resident position funded.
 1963         (a)Specific to funds allocated under this section, other
 1964  than funds allocated pursuant to subsection (5), the data
 1965  required to be reported under this subsection must include, but
 1966  is not limited to, all of the following:
 1967         1.The sponsoring institution for the resident position. As
 1968  used in this section, the term “sponsoring institution” means an
 1969  organization that oversees, supports, and administers one or
 1970  more resident positions.
 1971         2.The year the position was created and the current
 1972  program year of the resident who is filling the position.
 1973         3.Whether the position is currently filled and whether
 1974  there has been any period of time when it was not filled.
 1975         4.The specialty or subspecialty for which the position is
 1976  accredited and whether the position is a fellowship position.
 1977         5.Each state funding source that was used to create the
 1978  position or is being used to maintain the position, and the
 1979  general purpose for which the funds were used.
 1980         (b)Specific to funds allocated pursuant to subsection (5)
 1981  on or after July 1, 2021, the data must include, but is not
 1982  limited to, all of the following:
 1983         1.The date on which the hospital or qualifying institution
 1984  applied for funds under the program.
 1985         2.The date on which the position funded by the program
 1986  became accredited.
 1987         3.The date on which the position was first filled and
 1988  whether it has remained filled.
 1989         4.The specialty of the position created.
 1990         (c)Beginning on July 1, 2025, each hospital or qualifying
 1991  institution shall annually produce detailed financial records no
 1992  later than 30 days after the end of its fiscal year, detailing
 1993  the manner in which state funds allocated under this section
 1994  were expended. This requirement does not apply to funds
 1995  allocated before July 1, 2025. The agency may also require that
 1996  any hospital or qualifying institution submit to an audit of its
 1997  financial records related to funds allocated under this section
 1998  after July 1, 2025.
 1999         (d)If a hospital or qualifying institution fails to
 2000  produce records as required by this section, such hospital or
 2001  qualifying institution is no longer eligible to participate in
 2002  any program established under this section until the hospital or
 2003  qualifying institution has met the agency’s requirements for
 2004  producing the required records.
 2005         (e)Upon completion of a residency, each hospital or
 2006  qualifying institution must request that the resident fill out
 2007  an exit survey on a form developed by the agency. The completed
 2008  exit surveys must be provided to the agency annually. The exit
 2009  survey must include, but need not be limited to, questions on
 2010  all of the following:
 2011         1.Whether the exiting resident has procured employment.
 2012         2.Whether the exiting resident plans to leave the state
 2013  and, if so, for which reasons.
 2014         3.Where and in which specialty the exiting resident
 2015  intends to practice.
 2016         4.Whether the exiting resident envisions himself or
 2017  herself working in the medical field as a long-term career.
 2018         (9)The Graduate Medical Education Committee is created
 2019  within the agency.
 2020         (a)The committee shall be composed of the following
 2021  members:
 2022         1.Three deans, or their designees, from medical schools in
 2023  this state, appointed by the chair of the Council of Florida
 2024  Medical School Deans.
 2025         2.Four members appointed by the Governor, one of whom is a
 2026  representative of the Florida Medical Association or the Florida
 2027  Osteopathic Medical Association who has supervised or is
 2028  currently supervising residents, one of whom is a member of the
 2029  Florida Hospital Association, one of whom is a member of the
 2030  Safety Net Hospital Alliance, and one of whom is a physician
 2031  licensed under chapter 458 or chapter 459 practicing at a
 2032  qualifying institution.
 2033         3.Two members appointed by the Secretary of Health Care
 2034  Administration, one of whom represents a statutory teaching
 2035  hospital as defined in s. 408.07(46) and one of whom is a
 2036  physician who has supervised or is currently supervising
 2037  residents.
 2038         4.Two members appointed by the State Surgeon General, one
 2039  of whom must represent a teaching hospital as defined in s.
 2040  408.07 and one of whom is a physician who has supervised or is
 2041  currently supervising residents or interns.
 2042         5.Two members, one appointed by the President of the
 2043  Senate and one appointed by the Speaker of the House of the
 2044  Representatives.
 2045         (b)1.The members of the committee appointed under
 2046  subparagraph (a)1. shall serve 4-year terms. When such members’
 2047  terms expire, the chair of the Council of Florida Medical School
 2048  Deans shall appoint new members as detailed in paragraph (a)1.
 2049  from different medical schools on a rotating basis and may not
 2050  reappoint a dean from a medical school that has been represented
 2051  on the committee until all medical schools in the state have had
 2052  an opportunity to be represented on the committee.
 2053         2.The members of the committee appointed under
 2054  subparagraphs (a)2., 3., and 4. shall serve 4-year terms, with
 2055  the initial term being 3 years for members appointed under
 2056  subparagraph (a)4. and 2 years for members appointed under
 2057  subparagraph (a)3. The committee shall elect a chair to serve
 2058  for a 1-year term.
 2059         (c)Members shall serve without compensation but are
 2060  entitled to reimbursement for per diem and travel expenses
 2061  pursuant to s. 112.061.
 2062         (d)The committee shall convene its first meeting by July
 2063  1, 2024, and shall meet as often as necessary to conduct its
 2064  business, but at least twice annually, at the call of the chair.
 2065  The committee may conduct its meetings though teleconference or
 2066  other electronic means. A majority of the members of the
 2067  committee constitutes a quorum, and a meeting may not be held
 2068  with less than a quorum present. The affirmative vote of a
 2069  majority of the members of the committee present is necessary
 2070  for any official action by the committee.
 2071         (e)Beginning on July 1, 2025, the committee shall submit
 2072  an annual report to the Governor, the President of the Senate,
 2073  and the Speaker of the House of Representatives which must, at a
 2074  minimum, detail all of the following:
 2075         1.The role of residents and medical faculty in the
 2076  provision of health care.
 2077         2.The relationship of graduate medical education to the
 2078  state’s physician workforce.
 2079         3.The typical workload for residents and the role such
 2080  workload plays in retaining physicians in the long-term
 2081  workforce.
 2082         4.The costs of training medical residents for hospitals
 2083  and qualifying institutions.
 2084         5.The availability and adequacy of all sources of revenue
 2085  available to support graduate medical education.
 2086         6.The use of state funds, including, but not limited to,
 2087  intergovernmental transfers, for graduate medical education for
 2088  each hospital or qualifying institution receiving such funds.
 2089         (f)The agency shall provide reasonable and necessary
 2090  support staff and materials to assist the committee in the
 2091  performance of its duties. The agency shall also provide the
 2092  information obtained pursuant to subsection (8) to the committee
 2093  and assist the committee, as requested, in obtaining any other
 2094  information deemed necessary by the committee to produce its
 2095  report.
 2096         Section 29. Section 409.91256, Florida Statutes, is created
 2097  to read:
 2098         409.91256 Training, Education, and Clinicals in Health
 2099  (TEACH) Funding Program.—
 2100         (1)PURPOSE AND INTENT.—The Training, Education, and
 2101  Clinicals in Health (TEACH) Funding Program is created to
 2102  provide a high-quality educational experience while supporting
 2103  participating federally qualified health centers, community
 2104  mental health centers, rural health clinics, and certified
 2105  community behavioral health clinics by offsetting administrative
 2106  costs and loss of revenue associated with training residents and
 2107  students to become licensed health care practitioners. Further,
 2108  it is the intent of the Legislature to use the program to
 2109  support the state Medicaid program and underserved populations
 2110  by expanding the available health care workforce.
 2111         (2) DEFINITIONS.—As used in this section, the term:
 2112         (a) “Agency” means the Agency for Health Care
 2113  Administration.
 2114         (b) “Preceptor” means a Florida-licensed health care
 2115  practitioner who directs, teaches, supervises, and evaluates the
 2116  learning experience of a resident or student during a clinical
 2117  rotation.
 2118         (c) “Primary care specialty” means general internal
 2119  medicine, family medicine, obstetrics and gynecology, general
 2120  pediatrics, psychiatry, geriatric medicine, or any other
 2121  specialty the agency identifies as primary care.
 2122         (d)“Qualified facility” means a federally qualified health
 2123  center, a community mental health center, rural health clinic,
 2124  or a certified community behavioral health clinic.
 2125         (3)APPLICATION FOR REIMBURSEMENT; AGREEMENTS;
 2126  PARTICIPATION REQUIREMENTS.—The agency shall develop an
 2127  application process for qualified facilities to apply for funds
 2128  to offset the administrative costs and loss of revenue
 2129  associated with establishing, maintaining, or expanding a
 2130  clinical training program. Upon approving an application, the
 2131  agency shall enter into an agreement with the qualified facility
 2132  which, at minimum, must require the qualified facility to do all
 2133  of the following:
 2134         (a) Agree to provide appropriate supervision or precepting
 2135  for one or more of the following categories of residents or
 2136  students:
 2137         1. Allopathic or osteopathic residents pursuing a primary
 2138  care specialty.
 2139         2.Advanced practice registered nursing students pursuing a
 2140  primary care specialty.
 2141         3.Nursing students.
 2142         4.Allopathic or osteopathic medical students.
 2143         5.Dental students.
 2144         6.Physician assistant students.
 2145         7.Behavioral health students, including students studying
 2146  psychology, clinical social work, marriage and family therapy,
 2147  or mental health counseling.
 2148         (b) Meet and maintain all requirements to operate an
 2149  accredited residency program if the qualified facility operates
 2150  a residency program.
 2151         (c) Obtain and maintain accreditation from an accreditation
 2152  body approved by the agency if the qualified facility provides
 2153  clinical rotations.
 2154         (d) Ensure that clinical preceptors meet agency standards
 2155  for precepting students, including the completion of any
 2156  training required by the agency.
 2157         (e) Submit quarterly reports to the agency by the first day
 2158  of the second month following the end of a quarter to obtain
 2159  reimbursement. At a minimum, the report must include all of the
 2160  following:
 2161         1. The type of residency or clinical rotation offered by
 2162  the qualified facility, the number of residents or students
 2163  participating in each type of clinical rotation or residency,
 2164  and the number of hours worked by each resident or student each
 2165  month.
 2166         2. Evaluations by the residents and student participants of
 2167  the clinical experience on an evaluation form developed by the
 2168  agency.
 2169         3.An itemized list of administrative costs associated with
 2170  the operation of the clinical training program, including
 2171  accreditation costs and other costs relating to the creation,
 2172  implementation, and maintenance of the program.
 2173         4.A calculation of lost revenue associated with operating
 2174  the clinical training program.
 2175         (4)TRAINING.—The agency, in consultation with the
 2176  Department of Health, shall develop, or contract for the
 2177  development of, training for preceptors and make such training
 2178  available in either a live or electronic format. The agency
 2179  shall also provide technical support for preceptors.
 2180         (5)REIMBURSEMENT.—Qualified facilities may be reimbursed
 2181  under this section only to offset the administrative costs or
 2182  lost revenue associated with training students, allopathic
 2183  residents, or osteopathic residents who are enrolled in an
 2184  accredited educational or residency program based in this state.
 2185         (a) Subject to an appropriation, the agency may reimburse a
 2186  qualified facility based on the number of clinical training
 2187  hours reported under subparagraph (3)(e)1. The allowed
 2188  reimbursement per student is as follows:
 2189         1. A medical resident at a rate of $50 per hour.
 2190         2.A first-year medical student at a rate of $27 per hour.
 2191         3.A second-year medical student at a rate of $27 per hour.
 2192         4. A third-year medical student at a rate of $29 per hour.
 2193         5. A fourth-year medical student at a rate of $29 per hour.
 2194         6. A dental student at a rate of $22 per hour.
 2195         7. An advanced practice registered nursing student at a
 2196  rate of $22 per hour.
 2197         8. A physician assistant student at a rate of $22 per hour.
 2198         9. A behavioral health student at a rate of $15 per hour.
 2199         (b)A qualified facility may not be reimbursed more than
 2200  $75,000 per fiscal year; however, if it operates a residency
 2201  program, it may be reimbursed up to $100,000 each fiscal year.
 2202         (6)DATA.—A qualified facility that receives payment under
 2203  the program shall furnish information requested by the agency
 2204  for the purpose of the agency’s duties under subsections (7) and
 2205  (8).
 2206         (7) REPORTS.—By December 1, 2025, and each December 1
 2207  thereafter, the agency shall submit to the Governor, the
 2208  President of the Senate, and the Speaker of the House of
 2209  Representatives a report detailing the effects of the program
 2210  for the prior fiscal year, including, but not limited to, all of
 2211  the following:
 2212         (a) The number of students trained in the program, by
 2213  school, area of study, and clinical hours earned.
 2214         (b)The number of students trained and the amount of
 2215  program funds received by each participating qualified facility.
 2216         (c) The number of program participants found to be employed
 2217  by a participating qualified facility or in a federally
 2218  designated health professional shortage area upon completion of
 2219  their education and training.
 2220         (d)Any other data the agency deems useful for determining
 2221  the effectiveness of the program.
 2222         (8)EVALUATION.The agency shall contract with an
 2223  independent third party to develop and conduct a design study to
 2224  evaluate the impact of the TEACH funding program, including, but
 2225  not limited to, the program’s effectiveness in both of the
 2226  following areas:
 2227         (a)Enabling qualified facilities to provide clinical
 2228  rotations and residency opportunities to students and medical
 2229  school graduates, as applicable.
 2230         (b)Enabling the recruitment and retention of health care
 2231  professionals in geographic and practice areas experiencing
 2232  shortages.
 2233  
 2234  The agency shall begin collecting data for the study by January
 2235  1, 2025, and shall submit the results of the study to the
 2236  Governor, the President of the Senate, and the Speaker of the
 2237  House of Representatives by January 1, 2030.
 2238         (9) RULES.—The agency may adopt rules to implement this
 2239  section.
 2240         (10) FEDERAL FUNDING.—The agency shall seek federal
 2241  approval to use Title XIX matching funds for the program.
 2242         (11)SUNSET.—This section is repealed on July 1, 2034.
 2243         Section 30. Paragraph (e) of subsection (2) of section
 2244  409.967, Florida Statutes, is amended to read:
 2245         409.967 Managed care plan accountability.—
 2246         (2) The agency shall establish such contract requirements
 2247  as are necessary for the operation of the statewide managed care
 2248  program. In addition to any other provisions the agency may deem
 2249  necessary, the contract must require:
 2250         (e) Encounter data.—The agency shall maintain and operate a
 2251  Medicaid Encounter Data System to collect, process, store, and
 2252  report on covered services provided to all Medicaid recipients
 2253  enrolled in prepaid plans.
 2254         1. Each prepaid plan must comply with the agency’s
 2255  reporting requirements for the Medicaid Encounter Data System.
 2256  Prepaid plans must submit encounter data electronically in a
 2257  format that complies with the Health Insurance Portability and
 2258  Accountability Act provisions for electronic claims and in
 2259  accordance with deadlines established by the agency. Prepaid
 2260  plans must certify that the data reported is accurate and
 2261  complete.
 2262         2. The agency is responsible for validating the data
 2263  submitted by the plans. The agency shall develop methods and
 2264  protocols for ongoing analysis of the encounter data that
 2265  adjusts for differences in characteristics of prepaid plan
 2266  enrollees to allow comparison of service utilization among plans
 2267  and against expected levels of use. The analysis shall be used
 2268  to identify possible cases of systemic underutilization or
 2269  denials of claims and inappropriate service utilization such as
 2270  higher-than-expected emergency department encounters. The
 2271  analysis shall provide periodic feedback to the plans and enable
 2272  the agency to establish corrective action plans when necessary.
 2273  One of the focus areas for the analysis shall be the use of
 2274  prescription drugs.
 2275         3. The agency shall make encounter data available to those
 2276  plans accepting enrollees who are assigned to them from other
 2277  plans leaving a region.
 2278         4.The agency shall annually produce a report entitled
 2279  “Analysis of Potentially Preventable Health Care Events of
 2280  Florida Medicaid Enrollees.” The report must include, but need
 2281  not be limited to, an analysis of the potentially preventable
 2282  hospital emergency department visits, hospital admissions, and
 2283  hospital readmissions that occurred during the previous state
 2284  fiscal year which may have been prevented with better access to
 2285  primary care, improved medication management, or better
 2286  coordination of care, reported by age, eligibility group,
 2287  managed care plan, and region, including conditions contributing
 2288  to each potentially preventable event or category of potentially
 2289  preventable events. The agency may include any other data or
 2290  analysis parameters to augment the report which it deems
 2291  pertinent to the analysis. The report must demonstrate trends
 2292  using applicable historical data. The agency shall submit the
 2293  report to the Governor, the President of the Senate, and the
 2294  Speaker of the House of Representatives by October 1, 2024, and
 2295  each October 1 thereafter. The agency may contract with a third
 2296  party vendor to produce the report required under this
 2297  subparagraph.
 2298         Section 31. Subsection (4) of section 409.973, Florida
 2299  Statutes, is amended to read:
 2300         409.973 Benefits.—
 2301         (4) PRIMARY CARE INITIATIVE.—Each plan operating in the
 2302  managed medical assistance program shall establish a program to
 2303  encourage enrollees to establish a relationship with their
 2304  primary care provider. Each plan shall:
 2305         (a) Provide information to each enrollee on the importance
 2306  of and procedure for selecting a primary care provider, and
 2307  thereafter automatically assign to a primary care provider any
 2308  enrollee who fails to choose a primary care provider.
 2309         (b) If the enrollee was not a Medicaid recipient before
 2310  enrollment in the plan, assist the enrollee in scheduling an
 2311  appointment with the primary care provider. If possible, the
 2312  appointment should be made within 30 days after enrollment in
 2313  the plan. If an appointment is not made within such 30-day
 2314  period, the plan must continue assisting the enrollee to
 2315  schedule an initial appointment.
 2316         (c) Report to the agency the number of enrollees assigned
 2317  to each primary care provider within the plan’s network.
 2318         (d) Report to the agency the number of enrollees who have
 2319  not had an appointment with their primary care provider within
 2320  their first year of enrollment.
 2321         (e) Report to the agency the number of emergency room
 2322  visits by enrollees who have not had at least one appointment
 2323  with their primary care provider.
 2324         (f) Coordinate with a hospital that contacts the plan under
 2325  the requirements of s. 395.1055(1)(j) for the purpose of
 2326  establishing the appropriate delivery of primary care services
 2327  for the plan’s members who present at the hospital’s emergency
 2328  department for nonemergent care or emergency care that could
 2329  potentially have been avoided through the regular provision of
 2330  primary care. The plan shall coordinate with such member and the
 2331  member’s primary care provider for such purpose.
 2332         Section 32. The Agency for Health Care Administration shall
 2333  seek federal approval necessary to implement an acute hospital
 2334  care at home program in the state Medicaid program which is
 2335  substantially consistent with the parameters specified in 42
 2336  U.S.C. s. 1395cc–7(a)(2) and (3).
 2337         Section 33. Present subsections (3) through (8) of section
 2338  458.311, Florida Statutes, are redesignated as subsections (4)
 2339  through (9), respectively, a new subsection (3) is added to that
 2340  section, and paragraph (f) of subsection (1) and present
 2341  subsections (3) and (5) of that section are amended, to read:
 2342         458.311 Licensure by examination; requirements; fees.—
 2343         (1) Any person desiring to be licensed as a physician, who
 2344  does not hold a valid license in any state, shall apply to the
 2345  department on forms furnished by the department. The department
 2346  shall license each applicant who the board certifies:
 2347         (f) Meets one of the following medical education and
 2348  postgraduate training requirements:
 2349         1.a. Is a graduate of an allopathic medical school or
 2350  allopathic college recognized and approved by an accrediting
 2351  agency recognized by the United States Office of Education or is
 2352  a graduate of an allopathic medical school or allopathic college
 2353  within a territorial jurisdiction of the United States
 2354  recognized by the accrediting agency of the governmental body of
 2355  that jurisdiction;
 2356         b. If the language of instruction of the medical school is
 2357  other than English, has demonstrated competency in English
 2358  through presentation of a satisfactory grade on the Test of
 2359  Spoken English of the Educational Testing Service or a similar
 2360  test approved by rule of the board; and
 2361         c. Has completed an approved residency of at least 1 year.
 2362         2.a. Is a graduate of an allopathic foreign medical school
 2363  registered with the World Health Organization and certified
 2364  pursuant to s. 458.314 as having met the standards required to
 2365  accredit medical schools in the United States or reasonably
 2366  comparable standards;
 2367         b. If the language of instruction of the foreign medical
 2368  school is other than English, has demonstrated competency in
 2369  English through presentation of the Educational Commission for
 2370  Foreign Medical Graduates English proficiency certificate or by
 2371  a satisfactory grade on the Test of Spoken English of the
 2372  Educational Testing Service or a similar test approved by rule
 2373  of the board; and
 2374         c. Has completed an approved residency of at least 1 year.
 2375         3.a. Is a graduate of an allopathic foreign medical school
 2376  which has not been certified pursuant to s. 458.314 and has not
 2377  been excluded from consideration under s. 458.314(8);
 2378         b. Has had his or her medical credentials evaluated by the
 2379  Educational Commission for Foreign Medical Graduates, holds an
 2380  active, valid certificate issued by that commission, and has
 2381  passed the examination utilized by that commission; and
 2382         c. Has completed an approved residency of at least 1 year;
 2383  however, after October 1, 1992, the applicant shall have
 2384  completed an approved residency or fellowship of at least 2
 2385  years in one specialty area. However, to be acceptable, the
 2386  fellowship experience and training must be counted toward
 2387  regular or subspecialty certification by a board recognized and
 2388  certified by the American Board of Medical Specialties.
 2389         (3)Notwithstanding sub-subparagraphs (1)(f)2.c. and 3.c.,
 2390  a graduate of a foreign medical school that has not been
 2391  excluded from consideration under s. 458.314(8) is not required
 2392  to complete an approved residency if he or she meets all of the
 2393  following criteria:
 2394         (a)Has an active, unencumbered license to practice
 2395  medicine in a foreign country.
 2396         (b) Has actively practiced medicine in the 4-year period
 2397  preceding the date of the submission of a licensure application.
 2398         (c)Has completed a residency or substantially similar
 2399  postgraduate medical training in a country recognized by his or
 2400  her licensing jurisdiction.
 2401         (d)Has an offer for full-time employment as a physician
 2402  from a health care provider that operates in this state.
 2403  
 2404  A physician licensed after meeting the requirements of this
 2405  subsection must maintain his or her employment with the original
 2406  employer under paragraph (d) or with another health care
 2407  provider that operates in this state, at a location within this
 2408  state, for at least 2 consecutive years after licensure, in
 2409  accordance with rules adopted by the board. Such physician must
 2410  notify the board within 5 business days after any change of
 2411  employer.
 2412         (4)(3) Notwithstanding the provisions of subparagraph
 2413  (1)(f)3., a graduate of a foreign medical school that has not
 2414  been excluded from consideration under s. 458.314(8) need not
 2415  present the certificate issued by the Educational Commission for
 2416  Foreign Medical Graduates or pass the examination utilized by
 2417  that commission if the graduate:
 2418         (a) Has received a bachelor’s degree from an accredited
 2419  United States college or university.
 2420         (b) Has studied at a medical school which is recognized by
 2421  the World Health Organization.
 2422         (c) Has completed all of the formal requirements of the
 2423  foreign medical school, except the internship or social service
 2424  requirements, and has passed part I of the National Board of
 2425  Medical Examiners examination or the Educational Commission for
 2426  Foreign Medical Graduates examination equivalent.
 2427         (d) Has completed an academic year of supervised clinical
 2428  training in a hospital affiliated with a medical school approved
 2429  by the Council on Medical Education of the American Medical
 2430  Association and upon completion has passed part II of the
 2431  National Board of Medical Examiners examination or the
 2432  Educational Commission for Foreign Medical Graduates examination
 2433  equivalent.
 2434         (6)(5) The board may not certify to the department for
 2435  licensure any applicant who is under investigation in another
 2436  jurisdiction for an offense which would constitute a violation
 2437  of this chapter until such investigation is completed. Upon
 2438  completion of the investigation, the provisions of s. 458.331
 2439  shall apply. Furthermore, the department may not issue an
 2440  unrestricted license to any individual who has committed any act
 2441  or offense in any jurisdiction which would constitute the basis
 2442  for disciplining a physician pursuant to s. 458.331. When the
 2443  board finds that an individual has committed an act or offense
 2444  in any jurisdiction which would constitute the basis for
 2445  disciplining a physician pursuant to s. 458.331, then the board
 2446  may enter an order imposing one or more of the terms set forth
 2447  in subsection (9) (8).
 2448         Section 34. Section 458.3124, Florida Statutes, is
 2449  repealed.
 2450         Section 35. Subsection (8) of section 458.314, Florida
 2451  Statutes, is amended to read:
 2452         458.314 Certification of foreign educational institutions.—
 2453         (8) If a foreign medical school does not seek certification
 2454  under this section, the board may, at its discretion, exclude
 2455  the foreign medical school from consideration as an institution
 2456  that provides medical education that is reasonably comparable to
 2457  that of similar accredited institutions in the United States and
 2458  that adequately prepares its students for the practice of
 2459  medicine in this state. However, a license or medical faculty
 2460  certificate issued to a physician under this chapter before July
 2461  1, 2024, is not affected by this subsection Each institution
 2462  which has been surveyed before October 1, 1986, by the
 2463  Commission to Evaluate Foreign Medical Schools or the Commission
 2464  on Foreign Medical Education of the Federation of State Medical
 2465  Boards, Inc., and whose survey and supporting documentation
 2466  demonstrates that it provides an educational program, including
 2467  curriculum, reasonably comparable to that of similar accredited
 2468  institutions in the United States shall be considered fully
 2469  certified, for purposes of chapter 86-245, Laws of Florida.
 2470         Section 36. Subsections (1) and (4) of section 458.3145,
 2471  Florida Statutes, are amended to read:
 2472         458.3145 Medical faculty certificate.—
 2473         (1) A medical faculty certificate may be issued without
 2474  examination to an individual who meets all of the following
 2475  criteria:
 2476         (a) Is a graduate of an accredited medical school or its
 2477  equivalent, or is a graduate of a foreign medical school listed
 2478  with the World Health Organization which has not been excluded
 2479  from consideration under s. 458.314(8).;
 2480         (b) Holds a valid, current license to practice medicine in
 2481  another jurisdiction.;
 2482         (c) Has completed the application form and remitted a
 2483  nonrefundable application fee not to exceed $500.;
 2484         (d) Has completed an approved residency or fellowship of at
 2485  least 1 year or has received training that which has been
 2486  determined by the board to be equivalent to the 1-year residency
 2487  requirement.;
 2488         (e) Is at least 21 years of age.;
 2489         (f) Is of good moral character.;
 2490         (g) Has not committed any act in this or any other
 2491  jurisdiction which would constitute the basis for disciplining a
 2492  physician under s. 458.331.;
 2493         (h) For any applicant who has graduated from medical school
 2494  after October 1, 1992, has completed, before entering medical
 2495  school, the equivalent of 2 academic years of preprofessional,
 2496  postsecondary education, as determined by rule of the board,
 2497  which must include, at a minimum, courses in such fields as
 2498  anatomy, biology, and chemistry.; and
 2499         (i) Has been offered and has accepted a full-time faculty
 2500  appointment to teach in a program of medicine at any of the
 2501  following institutions:
 2502         1. The University of Florida.;
 2503         2. The University of Miami.;
 2504         3. The University of South Florida.;
 2505         4. The Florida State University.;
 2506         5. The Florida International University.;
 2507         6. The University of Central Florida.;
 2508         7. The Mayo Clinic College of Medicine and Science in
 2509  Jacksonville, Florida.;
 2510         8. The Florida Atlantic University.;
 2511         9. The Johns Hopkins All Children’s Hospital in St.
 2512  Petersburg, Florida.;
 2513         10. Nova Southeastern University.; or
 2514         11. Lake Erie College of Osteopathic Medicine.
 2515         (4) In any year, the maximum number of extended medical
 2516  faculty certificateholders as provided in subsection (2) may not
 2517  exceed 30 persons at each institution named in subparagraphs
 2518  (1)(i)1.-6., 8., and 9. and at the facility named in s. 1004.43
 2519  and may not exceed 10 persons at the institution named in
 2520  subparagraph (1)(i)7.
 2521         Section 37. Section 458.315, Florida Statutes, is amended
 2522  to read:
 2523         458.315 Temporary certificate for practice in areas of
 2524  critical need.—
 2525         (1) A physician or physician assistant who is licensed to
 2526  practice in any jurisdiction of the United States and, whose
 2527  license is currently valid, and who pays an application fee of
 2528  $300 may be issued a temporary certificate for practice in areas
 2529  of critical need. A physician seeking such certificate must pay
 2530  an application fee of $300.
 2531         (2) A temporary certificate may be issued under this
 2532  section to a physician or physician assistant who will:
 2533         (a) Will Practice in an area of critical need;
 2534         (b) Will Be employed by or practice in a county health
 2535  department; correctional facility; Department of Veterans’
 2536  Affairs clinic; community health center funded by s. 329, s.
 2537  330, or s. 340 of the United States Public Health Services Act;
 2538  or other agency or institution that is approved by the State
 2539  Surgeon General and provides health care services to meet the
 2540  needs of underserved populations in this state; or
 2541         (c) Will Practice for a limited time to address critical
 2542  physician-specialty, demographic, or geographic needs for this
 2543  state’s physician workforce as determined by the State Surgeon
 2544  General.
 2545         (3) The board of Medicine may issue a this temporary
 2546  certificate under this section subject to with the following
 2547  restrictions:
 2548         (a) The State Surgeon General shall determine the areas of
 2549  critical need. Such areas include, but are not limited to,
 2550  health professional shortage areas designated by the United
 2551  States Department of Health and Human Services.
 2552         1. A recipient of a temporary certificate for practice in
 2553  areas of critical need may use the certificate to work for any
 2554  approved entity in any area of critical need or as authorized by
 2555  the State Surgeon General.
 2556         2. The recipient of a temporary certificate for practice in
 2557  areas of critical need shall, within 30 days after accepting
 2558  employment, notify the board of all approved institutions in
 2559  which the licensee practices and of all approved institutions
 2560  where practice privileges have been denied, as applicable.
 2561         (b) The board may administer an abbreviated oral
 2562  examination to determine the physician’s or physician
 2563  assistant’s competency, but a written regular examination is not
 2564  required. Within 60 days after receipt of an application for a
 2565  temporary certificate, the board shall review the application
 2566  and issue the temporary certificate, notify the applicant of
 2567  denial, or notify the applicant that the board recommends
 2568  additional assessment, training, education, or other
 2569  requirements as a condition of certification. If the applicant
 2570  has not actively practiced during the 3-year period immediately
 2571  preceding the application prior 3 years and the board determines
 2572  that the applicant may lack clinical competency, possess
 2573  diminished or inadequate skills, lack necessary medical
 2574  knowledge, or exhibit patterns of deficits in clinical
 2575  decisionmaking, the board may:
 2576         1. Deny the application;
 2577         2. Issue a temporary certificate having reasonable
 2578  restrictions that may include, but are not limited to, a
 2579  requirement for the applicant to practice under the supervision
 2580  of a physician approved by the board; or
 2581         3. Issue a temporary certificate upon receipt of
 2582  documentation confirming that the applicant has met any
 2583  reasonable conditions of the board which may include, but are
 2584  not limited to, completing continuing education or undergoing an
 2585  assessment of skills and training.
 2586         (c) Any certificate issued under this section is valid only
 2587  so long as the State Surgeon General determines that the reason
 2588  for which it was issued remains a critical need to the state.
 2589  The board of Medicine shall review each temporary
 2590  certificateholder at least not less than annually to ascertain
 2591  that the certificateholder is complying with the minimum
 2592  requirements of the Medical Practice Act and its adopted rules,
 2593  as applicable to the certificateholder are being complied with.
 2594  If it is determined that the certificateholder is not meeting
 2595  such minimum requirements are not being met, the board must
 2596  shall revoke such certificate or shall impose restrictions or
 2597  conditions, or both, as a condition of continued practice under
 2598  the certificate.
 2599         (d) The board may not issue a temporary certificate for
 2600  practice in an area of critical need to any physician or
 2601  physician assistant who is under investigation in any
 2602  jurisdiction in the United States for an act that would
 2603  constitute a violation of this chapter until such time as the
 2604  investigation is complete, at which time the provisions of s.
 2605  458.331 applies apply.
 2606         (4) The application fee and all licensure fees, including
 2607  neurological injury compensation assessments, are shall be
 2608  waived for those persons obtaining a temporary certificate to
 2609  practice in areas of critical need for the purpose of providing
 2610  volunteer, uncompensated care for low-income residents. The
 2611  applicant must submit an affidavit from the employing agency or
 2612  institution stating that the physician or physician assistant
 2613  will not receive any compensation for any health care services
 2614  provided by the applicant service involving the practice of
 2615  medicine.
 2616         Section 38. Section 458.317, Florida Statutes, is amended
 2617  to read:
 2618         458.317 Limited licenses.—
 2619         (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS.—
 2620         (a) Any person desiring to obtain a limited license under
 2621  this subsection shall submit to the board an application and fee
 2622  not to exceed $300 and demonstrate that he or she has been
 2623  licensed to practice medicine in any jurisdiction in the United
 2624  States for at least 10 years and intends to practice only
 2625  pursuant to the restrictions of a limited license granted
 2626  pursuant to this subsection section. However, a physician who is
 2627  not fully retired in all jurisdictions may use a limited license
 2628  only for noncompensated practice. If the person applying for a
 2629  limited license submits a statement from the employing agency or
 2630  institution stating that he or she will not receive compensation
 2631  for any service involving the practice of medicine, the
 2632  application fee and all licensure fees shall be waived. However,
 2633  any person who receives a waiver of fees for a limited license
 2634  shall pay such fees if the person receives compensation for the
 2635  practice of medicine.
 2636         (b) If it has been more than 3 years since active practice
 2637  was conducted by the applicant, the full-time director of the
 2638  county health department or a licensed physician, approved by
 2639  the board, must shall supervise the applicant for a period of 6
 2640  months after he or she is granted a limited license under this
 2641  subsection for practice, unless the board determines that a
 2642  shorter period of supervision will be sufficient to ensure that
 2643  the applicant is qualified for licensure. Procedures for such
 2644  supervision must shall be established by the board.
 2645         (c) The recipient of a limited license under this
 2646  subsection may practice only in the employ of public agencies or
 2647  institutions or nonprofit agencies or institutions meeting the
 2648  requirements of s. 501(c)(3) of the Internal Revenue Code, which
 2649  agencies or institutions are located in the areas of critical
 2650  medical need as determined by the board. Determination of
 2651  medically underserved areas shall be made by the board after
 2652  consultation with the department of Health and statewide medical
 2653  organizations; however, such determination shall include, but
 2654  not be limited to, health professional shortage areas designated
 2655  by the United States Department of Health and Human Services. A
 2656  recipient of a limited license under this subsection may use the
 2657  license to work for any approved employer in any area of
 2658  critical need approved by the board.
 2659         (d) The recipient of a limited license shall, within 30
 2660  days after accepting employment, notify the board of all
 2661  approved institutions in which the licensee practices and of all
 2662  approved institutions where practice privileges have been
 2663  denied.
 2664         (e)This subsection does not limit Nothing herein limits in
 2665  any way any policy by the board, otherwise authorized by law, to
 2666  grant licenses to physicians duly licensed in other states under
 2667  conditions less restrictive than the requirements of this
 2668  subsection section. Notwithstanding the other provisions of this
 2669  subsection section, the board may refuse to authorize a
 2670  physician otherwise qualified to practice in the employ of any
 2671  agency or institution otherwise qualified if the agency or
 2672  institution has caused or permitted violations of the provisions
 2673  of this chapter which it knew or should have known were
 2674  occurring.
 2675         (f)(2) The board shall notify the director of the full-time
 2676  local county health department of any county in which a licensee
 2677  intends to practice under the provisions of this subsection act.
 2678  The director of the full-time county health department shall
 2679  assist in the supervision of any licensee within the county and
 2680  shall notify the board which issued the licensee his or her
 2681  license if he or she becomes aware of any actions by the
 2682  licensee which would be grounds for revocation of the limited
 2683  license. The board shall establish procedures for such
 2684  supervision.
 2685         (g)(3) The board shall review the practice of each licensee
 2686  biennially to verify compliance with the restrictions prescribed
 2687  in this subsection section and other applicable provisions of
 2688  this chapter.
 2689         (h)(4) Any person holding an active license to practice
 2690  medicine in this the state may convert that license to a limited
 2691  license under this subsection for the purpose of providing
 2692  volunteer, uncompensated care for low-income Floridians. The
 2693  applicant must submit a statement from the employing agency or
 2694  institution stating that he or she will not receive compensation
 2695  for any service involving the practice of medicine. The
 2696  application fee and all licensure fees, including neurological
 2697  injury compensation assessments, are shall be waived for such
 2698  applicant.
 2699         (2) GRADUATE ASSISTANT PHYSICIANS.—A graduate assistant
 2700  physician is a medical school graduate who meets the
 2701  requirements of this subsection and has obtained a limited
 2702  license from the board for the purpose of practicing temporarily
 2703  under the direct supervision of a physician who has a full,
 2704  active, and unencumbered license issued under this chapter,
 2705  pending the graduate’s entrance into a residency under the
 2706  National Resident Match Program.
 2707         (a) Any person desiring to obtain a limited license as a
 2708  graduate assistant physician must submit to the board an
 2709  application and demonstrate that he or she meets all of the
 2710  following criteria:
 2711         1. Is a graduate of an allopathic medical school or
 2712  allopathic college approved by an accrediting agency recognized
 2713  by the United States Department of Education.
 2714         2. Has successfully passed all parts of the United States
 2715  Medical Licensing Examination.
 2716         3. Has not received and accepted a residency match from the
 2717  National Resident Match Program within the first year following
 2718  graduation from medical school.
 2719         (b)The board shall issue a graduate assistant physician
 2720  limited license for a duration of 2 years to an applicant who
 2721  meets the requirements of paragraph (a) and all of the following
 2722  criteria:
 2723         1.Is at least 21 years of age.
 2724         2.Is of good moral character.
 2725         3.Submits documentation that the applicant has agreed to
 2726  enter into a written protocol drafted by a physician with a
 2727  full, active, and unencumbered license issued under this chapter
 2728  upon the board’s issuance of a limited license to the applicant
 2729  and submits a copy of the protocol. The board shall establish by
 2730  rule specific provisions that must be included in a physician
 2731  drafted protocol.
 2732         4.Has not committed any act or offense in this or any
 2733  other jurisdiction which would constitute the basis for
 2734  disciplining a physician under s. 458.331.
 2735         5. Has submitted to the department a set of fingerprints on
 2736  a form and under procedures specified by the department.
 2737         6.The board may not certify to the department for limited
 2738  licensure under this subsection any applicant who is under
 2739  investigation in another jurisdiction for an offense which would
 2740  constitute a violation of this chapter or chapter 456 until such
 2741  investigation is completed. Upon completion of the
 2742  investigation, s. 458.331 applies. Furthermore, the department
 2743  may not issue a limited license to any individual who has
 2744  committed any act or offense in any jurisdiction which would
 2745  constitute the basis for disciplining a physician under s.
 2746  458.331. If the board finds that an individual has committed an
 2747  act or offense in any jurisdiction which would constitute the
 2748  basis for disciplining a physician under s. 458.331, the board
 2749  may enter an order imposing one of the following terms:
 2750         a. Refusal to certify to the department an application for
 2751  a graduate assistant physician limited license; or
 2752         b. Certification to the department of an application for a
 2753  graduate assistant physician limited license with restrictions
 2754  on the scope of practice of the licensee.
 2755         (c)A graduate assistant physician limited licensee may
 2756  apply for a one-time renewal of his or her limited license by
 2757  submitting a board-approved application, documentation of actual
 2758  practice under the required protocol during the initial limited
 2759  licensure period, and documentation of applications he or she
 2760  has submitted for accredited graduate medical education training
 2761  programs. The one-time renewal terminates after 1 year.
 2762         (d) A limited licensed graduate assistant physician may
 2763  provide health care services only under the direct supervision
 2764  of a physician with a full, active, and unencumbered license
 2765  issued under this chapter.
 2766         (e)A physician must be approved by the board to supervise
 2767  a limited licensed graduate assistant physician.
 2768         (f)A physician may supervise no more than two graduate
 2769  assistant physicians with limited licenses.
 2770         (g)Supervision of limited licensed graduate assistant
 2771  physicians requires the physical presence of the supervising
 2772  physician at the location where the services are rendered.
 2773         (h)A physician-drafted protocol must specify the duties
 2774  and responsibilities of the limited licensed graduate assistant
 2775  physician according to criteria adopted by board rule.
 2776         (i)Each protocol that applies to a limited licensed
 2777  graduate assistant physician and his or her supervising
 2778  physician must ensure that:
 2779         1.There is a process for the evaluation of the limited
 2780  licensed graduate assistant physicians’ performance; and
 2781         2.The delegation of any medical task or procedure is
 2782  within the supervising physician’s scope of practice and
 2783  appropriate for the graduate assistant physician’s level of
 2784  competency.
 2785         (j) A limited licensed graduate assistant physician’s
 2786  prescriptive authority is governed by the physician-drafted
 2787  protocol and criteria adopted by the board and may not exceed
 2788  that of his or her supervising physician. Any prescriptions and
 2789  orders issued by the graduate assistant physician must identify
 2790  both the graduate assistant physician and the supervising
 2791  physician.
 2792         (k)A physician who supervises a graduate assistant
 2793  physician is liable for any acts or omissions of the graduate
 2794  assistant physician acting under the physician’s supervision and
 2795  control. Third-party payors may reimburse employers of graduate
 2796  assistant physicians for covered services rendered by graduate
 2797  assistant physicians.
 2798         (3) RULES.—The board may adopt rules to implement this
 2799  section.
 2800         Section 39. Section 459.0075, Florida Statutes, is amended
 2801  to read:
 2802         459.0075 Limited licenses.—
 2803         (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS.—
 2804         (a) Any person desiring to obtain a limited license under
 2805  this subsection must shall:
 2806         1.(a) Submit to the board a licensure application and fee
 2807  required by this chapter. However, an osteopathic physician who
 2808  is not fully retired in all jurisdictions may use a limited
 2809  license only for noncompensated practice. If the person applying
 2810  for a limited license submits a statement from the employing
 2811  agency or institution stating that she or he will not receive
 2812  monetary compensation for any service involving the practice of
 2813  osteopathic medicine, the application fee and all licensure fees
 2814  shall be waived. However, any person who receives a waiver of
 2815  fees for a limited license must shall pay such fees if the
 2816  person receives compensation for the practice of osteopathic
 2817  medicine.
 2818         2.(b) Submit proof that such osteopathic physician has been
 2819  licensed to practice osteopathic medicine in any jurisdiction in
 2820  the United States in good standing and pursuant to law for at
 2821  least 10 years.
 2822         3.(c) Complete an amount of continuing education
 2823  established by the board.
 2824         (b)(2) If it has been more than 3 years since active
 2825  practice was conducted by the applicant, the full-time director
 2826  of the local county health department must shall supervise the
 2827  applicant for a period of 6 months after the applicant is
 2828  granted a limited license under this subsection to practice,
 2829  unless the board determines that a shorter period of supervision
 2830  will be sufficient to ensure that the applicant is qualified for
 2831  licensure under this subsection pursuant to this section.
 2832  Procedures for such supervision must shall be established by the
 2833  board.
 2834         (c)(3) The recipient of a limited license under this
 2835  subsection may practice only in the employ of public agencies or
 2836  institutions or nonprofit agencies or institutions meeting the
 2837  requirements of s. 501(c)(3) of the Internal Revenue Code, which
 2838  agencies or institutions are located in areas of critical
 2839  medical need or in medically underserved areas as determined
 2840  pursuant to 42 U.S.C. s. 300e-1(7).
 2841         (d)(4) The board shall notify the director of the full-time
 2842  local county health department of any county in which a licensee
 2843  intends to practice under the provisions of this subsection
 2844  section. The director of the full-time county health department
 2845  shall assist in the supervision of any licensee within the her
 2846  or his county and shall notify the board if she or he becomes
 2847  aware of any action by the licensee which would be a ground for
 2848  revocation of the limited license. The board shall establish
 2849  procedures for such supervision.
 2850         (e)(5) The State board of Osteopathic Medicine shall review
 2851  the practice of each licensee under this subsection section
 2852  biennially to verify compliance with the restrictions prescribed
 2853  in this subsection section and other provisions of this chapter.
 2854         (f)(6) Any person holding an active license to practice
 2855  osteopathic medicine in this the state may convert that license
 2856  to a limited license under this subsection for the purpose of
 2857  providing volunteer, uncompensated care for low-income
 2858  Floridians. The applicant must submit a statement from the
 2859  employing agency or institution stating that she or he or she
 2860  will not receive compensation for any service involving the
 2861  practice of osteopathic medicine. The application fee and all
 2862  licensure fees, including neurological injury compensation
 2863  assessments, are shall be waived for such applicant.
 2864         (2) GRADUATE ASSISTANT PHYSICIANS.—A graduate assistant
 2865  physician is a medical school graduate who meets the
 2866  requirements of this subsection and has obtained a limited
 2867  license from the board for the purpose of practicing temporarily
 2868  under the direct supervision of a physician who has a full,
 2869  active, and unencumbered license issued under this chapter,
 2870  pending the graduate’s entrance into a residency under the
 2871  National Resident Match Program.
 2872         (a) Any person desiring to obtain a limited license as a
 2873  graduate assistant physician must submit to the board an
 2874  application and demonstrate that she or he meets all of the
 2875  following criteria:
 2876         1. Is a graduate of a school or college of osteopathic
 2877  medicine approved by an accrediting agency recognized by the
 2878  United States Department of Education.
 2879         2. Has successfully passed all parts of the examination
 2880  conducted by the National Board of Osteopathic Medical Examiners
 2881  or other examination approved by the board.
 2882         3. Has not received and accepted a residency match from the
 2883  National Residency Match Program within the first year following
 2884  graduation from medical school.
 2885         (b)The board shall issue a graduate assistant physician
 2886  limited license for a duration of 2 years to an applicant who
 2887  meets the requirements of paragraph (a) and all of the following
 2888  criteria:
 2889         1.Is at least 21 years of age.
 2890         2.Is of good moral character.
 2891         3.Submits documentation that the applicant has agreed to
 2892  enter into a written protocol drafted by a physician with a
 2893  full, active, and unencumbered license issued under this chapter
 2894  upon the board’s issuance of a limited license to the applicant,
 2895  and submits a copy of the protocol. The board shall establish by
 2896  rule specific provisions that must be included in a physician
 2897  drafted protocol.
 2898         4.Has not committed any act or offense in this or any
 2899  other jurisdiction which would constitute the basis for
 2900  disciplining a physician under s. 459.015.
 2901         5. Has submitted to the department a set of fingerprints on
 2902  a form and under procedures specified by the department.
 2903         6.The board may not certify to the department for limited
 2904  licensure under this subsection any applicant who is under
 2905  investigation in another jurisdiction for an offense which would
 2906  constitute a violation of this chapter or chapter 456 until such
 2907  investigation is completed. Upon completion of the
 2908  investigation, s. 459.015 applies. Furthermore, the department
 2909  may not issue a limited license to any individual who has
 2910  committed any act or offense in any jurisdiction which would
 2911  constitute the basis for disciplining a physician under s.
 2912  459.015. If the board finds that an individual has committed an
 2913  act or offense in any jurisdiction which would constitute the
 2914  basis for disciplining a physician under s. 459.015, the board
 2915  may enter an order imposing one of the following terms:
 2916         a. Refusal to certify to the department an application for
 2917  a graduate assistant physician limited license; or
 2918         b. Certification to the department of an application for a
 2919  graduate assistant physician limited license with restrictions
 2920  on the scope of practice of the licensee.
 2921         (c)A graduate assistant physician limited licensee may
 2922  apply for a one-time renewal of his or her limited licensed by
 2923  submitting a board-approved application, documentation of actual
 2924  practice under the required protocol during the initial limited
 2925  licensure period, and documentation of applications he or she
 2926  has submitted for accredited graduate medical education training
 2927  programs. The one-time renewal terminates after 1 year.
 2928         (d) A limited licensed graduate assistant physician may
 2929  provide health care services only under the direct supervision
 2930  of a physician with a full, active, and unencumbered license
 2931  issued under this chapter.
 2932         (e)A physician must be approved by the board to supervise
 2933  a limited licensed graduate assistant physician.
 2934         (f)A physician may supervise no more than two graduate
 2935  assistant physicians with limited licenses.
 2936         (g)Supervision of limited licensed graduate assistant
 2937  physicians requires the physical presence of the supervising
 2938  physician at the location where the services are rendered.
 2939         (h)A physician-drafted protocol must specify the duties
 2940  and responsibilities of the limited licensed graduate assistant
 2941  physician according to criteria adopted by board rule.
 2942         (i)Each protocol that applies to a limited licensed
 2943  graduate assistant physician and his or her supervising
 2944  physician must ensure that:
 2945         1.There is a process for the evaluation of the limited
 2946  licensed graduate assistant physicians’ performance; and
 2947         2.The delegation of any medical task or procedure is
 2948  within the supervising physician’s scope of practice and
 2949  appropriate for the graduate assistant physician’s level of
 2950  competency.
 2951         (j) A limited licensed graduate assistant physician’s
 2952  prescriptive authority is governed by the physician-drafted
 2953  protocol and criteria adopted by the board and may not exceed
 2954  that of his or her supervising physician. Any prescriptions and
 2955  orders issued by the graduate assistant physician must identify
 2956  both the graduate assistant physician and the supervising
 2957  physician.
 2958         (k)A physician who supervises a graduate assistant
 2959  physician is liable for any acts or omissions of the graduate
 2960  assistant physician acting under the physician’s supervision and
 2961  control. Third-party payors may reimburse employers of graduate
 2962  assistant physicians for covered services rendered by graduate
 2963  assistant physicians.
 2964         (3) RULES.—The board may adopt rules to implement this
 2965  section.
 2966         Section 40. Section 459.0076, Florida Statutes, is amended
 2967  to read:
 2968         459.0076 Temporary certificate for practice in areas of
 2969  critical need.—
 2970         (1) A physician or physician assistant who holds a valid
 2971  license is licensed to practice in any jurisdiction of the
 2972  United States, whose license is currently valid, and who pays an
 2973  application fee of $300 may be issued a temporary certificate
 2974  for practice in areas of critical need. A physician seeking such
 2975  certificate must pay an application fee of $300.
 2976         (2) A temporary certificate may be issued under this
 2977  section to a physician or physician assistant who will:
 2978         (a) Will Practice in an area of critical need;
 2979         (b) Will Be employed by or practice in a county health
 2980  department; correctional facility; Department of Veterans’
 2981  Affairs clinic; community health center funded by s. 329, s.
 2982  330, or s. 340 of the United States Public Health Services Act;
 2983  or other agency or institution that is approved by the State
 2984  Surgeon General and provides health care to meet the needs of
 2985  underserved populations in this state; or
 2986         (c) Will Practice for a limited time to address critical
 2987  physician-specialty, demographic, or geographic needs for this
 2988  state’s physician workforce as determined by the State Surgeon
 2989  General.
 2990         (3) The board of Osteopathic Medicine may issue this
 2991  temporary certificate subject to with the following
 2992  restrictions:
 2993         (a) The State Surgeon General shall determine the areas of
 2994  critical need. Such areas include, but are not limited to,
 2995  health professional shortage areas designated by the United
 2996  States Department of Health and Human Services.
 2997         1. A recipient of a temporary certificate for practice in
 2998  areas of critical need may use the certificate to work for any
 2999  approved entity in any area of critical need or as authorized by
 3000  the State Surgeon General.
 3001         2. The recipient of a temporary certificate for practice in
 3002  areas of critical need shall, within 30 days after accepting
 3003  employment, notify the board of all approved institutions in
 3004  which the licensee practices and of all approved institutions
 3005  where practice privileges have been denied, as applicable.
 3006         (b) The board may administer an abbreviated oral
 3007  examination to determine the physician’s or physician
 3008  assistant’s competency, but a written regular examination is not
 3009  required. Within 60 days after receipt of an application for a
 3010  temporary certificate, the board shall review the application
 3011  and issue the temporary certificate, notify the applicant of
 3012  denial, or notify the applicant that the board recommends
 3013  additional assessment, training, education, or other
 3014  requirements as a condition of certification. If the applicant
 3015  has not actively practiced during the 3-year period immediately
 3016  preceding the application prior 3 years and the board determines
 3017  that the applicant may lack clinical competency, possess
 3018  diminished or inadequate skills, lack necessary medical
 3019  knowledge, or exhibit patterns of deficits in clinical
 3020  decisionmaking, the board may:
 3021         1. Deny the application;
 3022         2. Issue a temporary certificate having reasonable
 3023  restrictions that may include, but are not limited to, a
 3024  requirement for the applicant to practice under the supervision
 3025  of a physician approved by the board; or
 3026         3. Issue a temporary certificate upon receipt of
 3027  documentation confirming that the applicant has met any
 3028  reasonable conditions of the board which may include, but are
 3029  not limited to, completing continuing education or undergoing an
 3030  assessment of skills and training.
 3031         (c) Any certificate issued under this section is valid only
 3032  so long as the State Surgeon General determines that the reason
 3033  for which it was issued remains a critical need to the state.
 3034  The board of Osteopathic Medicine shall review each temporary
 3035  certificateholder at least not less than annually to ascertain
 3036  that the certificateholder is complying with the minimum
 3037  requirements of the Osteopathic Medical Practice Act and its
 3038  adopted rules, as applicable to the certificateholder are being
 3039  complied with. If it is determined that the certificateholder is
 3040  not meeting such minimum requirements are not being met, the
 3041  board must shall revoke such certificate or shall impose
 3042  restrictions or conditions, or both, as a condition of continued
 3043  practice under the certificate.
 3044         (d) The board may not issue a temporary certificate for
 3045  practice in an area of critical need to any physician or
 3046  physician assistant who is under investigation in any
 3047  jurisdiction in the United States for an act that would
 3048  constitute a violation of this chapter until such time as the
 3049  investigation is complete, at which time the provisions of s.
 3050  459.015 applies apply.
 3051         (4) The application fee and all licensure fees, including
 3052  neurological injury compensation assessments, are shall be
 3053  waived for those persons obtaining a temporary certificate to
 3054  practice in areas of critical need for the purpose of providing
 3055  volunteer, uncompensated care for low-income residents. The
 3056  applicant must submit an affidavit from the employing agency or
 3057  institution stating that the physician or physician assistant
 3058  will not receive any compensation for any health care services
 3059  that he or she provides service involving the practice of
 3060  medicine.
 3061         Section 41. Section 464.0121, Florida Statutes, is created
 3062  to read:
 3063         464.0121 Temporary certificate for practice in areas of
 3064  critical need.—
 3065         (1) An advanced practice registered nurse who is licensed
 3066  to practice in any jurisdiction of the United States, whose
 3067  license is currently valid, and who meets educational and
 3068  training requirements established by the board may be issued a
 3069  temporary certificate for practice in areas of critical need.
 3070         (2) A temporary certificate may be issued under this
 3071  section to an advanced practice registered nurse who will:
 3072         (a) Practice in an area of critical need;
 3073         (b) Be employed by or practice in a county health
 3074  department; correctional facility; Department of Veterans’
 3075  Affairs clinic; community health center funded by s. 329, s.
 3076  330, or s. 340 of the United States Public Health Services Act;
 3077  or another agency or institution that is approved by the State
 3078  Surgeon General and that provides health care services to meet
 3079  the needs of underserved populations in this state; or
 3080         (c) Practice for a limited time to address critical health
 3081  care specialty, demographic, or geographic needs relating to
 3082  this state’s accessibility of health care services as determined
 3083  by the State Surgeon General.
 3084         (3) The board may issue a temporary certificate under this
 3085  section subject to the following restrictions:
 3086         (a) The State Surgeon General shall determine the areas of
 3087  critical need. Such areas include, but are not limited to,
 3088  health professional shortage areas designated by the United
 3089  States Department of Health and Human Services.
 3090         1. A recipient of a temporary certificate for practice in
 3091  areas of critical need may use the certificate to work for any
 3092  approved entity in any area of critical need or as authorized by
 3093  the State Surgeon General.
 3094         2. The recipient of a temporary certificate for practice in
 3095  areas of critical need shall, within 30 days after accepting
 3096  employment, notify the board of all approved institutions in
 3097  which the licensee practices as part of his or her employment.
 3098         (b) The board may administer an abbreviated oral
 3099  examination to determine the advanced practice registered
 3100  nurse’s competency, but may not require a written regular
 3101  examination. Within 60 days after receipt of an application for
 3102  a temporary certificate, the board shall review the application
 3103  and issue the temporary certificate, notify the applicant of
 3104  denial, or notify the applicant that the board recommends
 3105  additional assessment, training, education, or other
 3106  requirements as a condition of certification. If the applicant
 3107  has not actively practiced during the 3-year period immediately
 3108  preceding the application and the board determines that the
 3109  applicant may lack clinical competency, possess diminished or
 3110  inadequate skills, lack necessary medical knowledge, or exhibit
 3111  patterns of deficits in clinical decisionmaking, the board may:
 3112         1. Deny the application;
 3113         2. Issue a temporary certificate imposing reasonable
 3114  restrictions that may include, but are not limited to, a
 3115  requirement that the applicant practice under the supervision of
 3116  a physician approved by the board; or
 3117         3. Issue a temporary certificate upon receipt of
 3118  documentation confirming that the applicant has met any
 3119  reasonable conditions of the board, which may include, but are
 3120  not limited to, completing continuing education or undergoing an
 3121  assessment of skills and training.
 3122         (c) Any certificate issued under this section is valid only
 3123  so long as the State Surgeon General maintains the determination
 3124  that the critical need that supported the issuance of the
 3125  temporary certificate remains a critical need to the state. The
 3126  board shall review each temporary certificateholder at least
 3127  annually to ascertain that the certificateholder is complying
 3128  with the minimum requirements of the Nurse Practice Act and its
 3129  adopted rules, as applicable to the certificateholder. If it is
 3130  determined that the certificateholder is not meeting such
 3131  minimum requirements, the board must revoke such certificate or
 3132  impose restrictions or conditions, or both, as a condition of
 3133  continued practice under the certificate.
 3134         (d) The board may not issue a temporary certificate for
 3135  practice in an area of critical need to any advanced practice
 3136  registered nurse who is under investigation in any jurisdiction
 3137  in the United States for an act that would constitute a
 3138  violation of this part until such time as the investigation is
 3139  complete, at which time s. 464.018 applies.
 3140         (4) All licensure fees, including neurological injury
 3141  compensation assessments, are waived for those persons obtaining
 3142  a temporary certificate to practice in areas of critical need
 3143  for the purpose of providing volunteer, uncompensated care for
 3144  low-income residents. The applicant must submit an affidavit
 3145  from the employing agency or institution stating that the
 3146  advanced practice registered nurse will not receive any
 3147  compensation for any health care services that he or she
 3148  provides.
 3149         Section 42. Paragraph (b) of subsection (3) of section
 3150  464.0123, Florida Statutes, is amended to read:
 3151         464.0123 Autonomous practice by an advanced practice
 3152  registered nurse.—
 3153         (3) PRACTICE REQUIREMENTS.—
 3154         (b)1.In order to provide out-of-hospital intrapartum care,
 3155  a certified nurse midwife engaged in the autonomous practice of
 3156  nurse midwifery must maintain a written policy for the transfer
 3157  of patients needing a higher acuity of care or emergency
 3158  services. The policy must prescribe and require the use of an
 3159  emergency plan-of-care form, which must be signed by the patient
 3160  before admission to intrapartum care. At a minimum, the form
 3161  must include all of the following:
 3162         a.The name and address of the closest hospital that
 3163  provides maternity and newborn services.
 3164         b.Reasons for which transfer of care would be necessary,
 3165  including the transfer-of-care conditions prescribed by board
 3166  rule.
 3167         c.Ambulances or other emergency medical services that
 3168  would be used to transport the patient in the event of an
 3169  emergency.
 3170         2.If transfer of care is determined necessary by the
 3171  certified nurse midwife or under the terms of the written
 3172  policy, the certified nurse midwife must document all of the
 3173  following information on the patient’s emergency plan-of-care
 3174  form:
 3175         a.The name, date of birth, and condition of the patient.
 3176         b.The gravidity and parity of the patient and the
 3177  gestational age and condition of the fetus or newborn infant.
 3178         c.The reasons that necessitated the transfer of care.
 3179         d.A description of the situation, relevant clinical
 3180  background, assessment, and recommendations.
 3181         e.The planned mode of transporting the patient to the
 3182  receiving facility.
 3183         f.The expected time of arrival at the receiving facility.
 3184         3.Before transferring the patient, or as soon as possible
 3185  during or after an emergency transfer, the certified nurse
 3186  midwife shall provide the receiving provider with a verbal
 3187  summary of the information specified in subparagraph 2. and make
 3188  himself or herself immediately available for consultation. Upon
 3189  transfer of the patient to the receiving facility, the certified
 3190  nurse midwife must provide the receiving provider with the
 3191  patient’s emergency plan-of-care form as soon as practicable.
 3192         4.The certified nurse midwife shall provide the receiving
 3193  provider, as soon as practicable, with the patient’s prenatal
 3194  records, including patient history, prenatal laboratory results,
 3195  sonograms, prenatal care flow sheets, maternal fetal medical
 3196  reports, and labor flow charting and current notations.
 3197         5.The board shall adopt rules to prescribe transfer-of
 3198  care conditions, monitor for excessive transfers, conduct
 3199  reviews of adverse maternal and neonatal outcomes, and monitor
 3200  the licensure of certified nurse midwives engaged in autonomous
 3201  practice must have a written patient transfer agreement with a
 3202  hospital and a written referral agreement with a physician
 3203  licensed under chapter 458 or chapter 459 to engage in nurse
 3204  midwifery.
 3205         Section 43. Subsection (10) of section 464.019, Florida
 3206  Statutes, is amended to read:
 3207         464.019 Approval of nursing education programs.—
 3208         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
 3209  shall study the administration of this section and submit
 3210  reports to the Governor, the President of the Senate, and the
 3211  Speaker of the House of Representatives annually by January 30,
 3212  through January 30, 2025. The annual reports shall address the
 3213  previous academic year; provide data on the measures specified
 3214  in paragraphs (a) and (b), as such data becomes available; and
 3215  include an evaluation of such data for purposes of determining
 3216  whether this section is increasing the availability of nursing
 3217  education programs and the production of quality nurses. The
 3218  department and each approved program or accredited program shall
 3219  comply with requests for data from the Florida Center for
 3220  Nursing.
 3221         (a) The Florida Center for Nursing shall evaluate program
 3222  specific data for each approved program and accredited program
 3223  conducted in the state, including, but not limited to:
 3224         1. The number of programs and student slots available.
 3225         2. The number of student applications submitted, the number
 3226  of qualified applicants, and the number of students accepted.
 3227         3. The number of program graduates.
 3228         4. Program retention rates of students tracked from program
 3229  entry to graduation.
 3230         5. Graduate passage rates on the National Council of State
 3231  Boards of Nursing Licensing Examination.
 3232         6. The number of graduates who become employed as practical
 3233  or professional nurses in the state.
 3234         (b) The Florida Center for Nursing shall evaluate the
 3235  board’s implementation of the:
 3236         1. Program application approval process, including, but not
 3237  limited to, the number of program applications submitted under
 3238  subsection (1), the number of program applications approved and
 3239  denied by the board under subsection (2), the number of denials
 3240  of program applications reviewed under chapter 120, and a
 3241  description of the outcomes of those reviews.
 3242         2. Accountability processes, including, but not limited to,
 3243  the number of programs on probationary status, the number of
 3244  approved programs for which the program director is required to
 3245  appear before the board under subsection (5), the number of
 3246  approved programs terminated by the board, the number of
 3247  terminations reviewed under chapter 120, and a description of
 3248  the outcomes of those reviews.
 3249         (c) The Florida Center for Nursing shall complete an annual
 3250  assessment of compliance by programs with the accreditation
 3251  requirements of subsection (11), include in the assessment a
 3252  determination of the accreditation process status for each
 3253  program, and submit the assessment as part of the reports
 3254  required by this subsection.
 3255         Section 44. Paragraph (e) of subsection (3) of section
 3256  766.1115, Florida Statutes, is amended to read:
 3257         766.1115 Health care providers; creation of agency
 3258  relationship with governmental contractors.—
 3259         (3) DEFINITIONS.—As used in this section, the term:
 3260         (e) “Low-income” means:
 3261         1. A person who is Medicaid-eligible under Florida law;
 3262         2. A person who is without health insurance and whose
 3263  family income does not exceed 300 200 percent of the federal
 3264  poverty level as defined annually by the federal Office of
 3265  Management and Budget; or
 3266         3. Any client of the department who voluntarily chooses to
 3267  participate in a program offered or approved by the department
 3268  and meets the program eligibility guidelines of the department.
 3269         Section 45. Paragraph (f) is added to subsection (3) of
 3270  section 1002.32, Florida Statutes, to read:
 3271         1002.32 Developmental research (laboratory) schools.—
 3272         (3) MISSION.—The mission of a lab school shall be the
 3273  provision of a vehicle for the conduct of research,
 3274  demonstration, and evaluation regarding management, teaching,
 3275  and learning. Programs to achieve the mission of a lab school
 3276  shall embody the goals and standards established pursuant to ss.
 3277  1000.03(5) and 1001.23(1) and shall ensure an appropriate
 3278  education for its students.
 3279         (f) Each lab school shall develop programs that accelerate
 3280  the entry of enrolled lab school students into articulated
 3281  health care programs at its affiliated university or at any
 3282  public or private postsecondary institution, with the approval
 3283  of the university president. Each lab school shall offer
 3284  technical assistance to any Florida school district seeking to
 3285  replicate the lab school′s programs and must annually, beginning
 3286  December 1, 2025, report to the President of the Senate and the
 3287  Speaker of the House of Representatives on the development of
 3288  such programs and their results.
 3289         Section 46. Paragraph (b) of subsection (3) of section
 3290  1009.8962, Florida Statutes, is amended to read:
 3291         1009.8962 Linking Industry to Nursing Education (LINE)
 3292  Fund.—
 3293         (3) As used in this section, the term:
 3294         (b) “Institution” means a school district career center
 3295  under s. 1001.44;, a charter technical career center under s.
 3296  1002.34;, a Florida College System institution;, a state
 3297  university;, or an independent nonprofit college or university
 3298  located and chartered in this state and accredited by an agency
 3299  or association that is recognized by the database created and
 3300  maintained by the United States Department of Education to grant
 3301  baccalaureate degrees;, or an independent school, college, or
 3302  university with an accredited program as defined in s. 464.003
 3303  which is located in and chartered by the state and is licensed
 3304  by the Commission for Independent Education pursuant to s.
 3305  1005.31, which has a nursing education program that meets or
 3306  exceeds the following:
 3307         1. For a certified nursing assistant program, a completion
 3308  rate of at least 70 percent for the prior year.
 3309         2. For a licensed practical nurse, associate of science in
 3310  nursing, and bachelor of science in nursing program, a first
 3311  time passage rate on the National Council of State Boards of
 3312  Nursing Licensing Examination of at least 75 70 percent for the
 3313  prior year based on a minimum of 10 testing participants.
 3314         Section 47. Paragraph (f) of subsection (3) of section
 3315  381.4018, Florida Statutes, is amended to read:
 3316         381.4018 Physician workforce assessment and development.—
 3317         (3) GENERAL FUNCTIONS.—The department shall maximize the
 3318  use of existing programs under the jurisdiction of the
 3319  department and other state agencies and coordinate governmental
 3320  and nongovernmental stakeholders and resources in order to
 3321  develop a state strategic plan and assess the implementation of
 3322  such strategic plan. In developing the state strategic plan, the
 3323  department shall:
 3324         (f) Develop strategies to maximize federal and state
 3325  programs that provide for the use of incentives to attract
 3326  physicians to this state or retain physicians within the state.
 3327  Such strategies should explore and maximize federal-state
 3328  partnerships that provide incentives for physicians to practice
 3329  in federally designated shortage areas, in otherwise medically
 3330  underserved areas, or in rural areas. Strategies shall also
 3331  consider the use of state programs, such as the Medical
 3332  Education Reimbursement and Loan Repayment Program pursuant to
 3333  s. 381.402 s. 1009.65, which provide for education loan
 3334  repayment or loan forgiveness and provide monetary incentives
 3335  for physicians to relocate to underserved areas of the state.
 3336  
 3337  The department may adopt rules to implement this subsection,
 3338  including rules that establish guidelines to implement the
 3339  federal Conrad 30 Waiver Program created under s. 214(l) of the
 3340  Immigration and Nationality Act.
 3341         Section 48. Subsection (3) of section 395.602, Florida
 3342  Statutes, is amended to read:
 3343         395.602 Rural hospitals.—
 3344         (3) USE OF FUNDS.—It is the intent of the Legislature that
 3345  funds as appropriated shall be utilized by the department for
 3346  the purpose of increasing the number of primary care physicians,
 3347  physician assistants, certified nurse midwives, nurse
 3348  practitioners, and nurses in rural areas, either through the
 3349  Medical Education Reimbursement and Loan Repayment Program as
 3350  defined by s. 381.402 s. 1009.65 or through a federal loan
 3351  repayment program which requires state matching funds. The
 3352  department may use funds appropriated for the Medical Education
 3353  Reimbursement and Loan Repayment Program as matching funds for
 3354  federal loan repayment programs for health care personnel, such
 3355  as that authorized in Pub. L. No. 100-177, s. 203. If the
 3356  department receives federal matching funds, the department shall
 3357  only implement the federal program. Reimbursement through either
 3358  program shall be limited to:
 3359         (a) Primary care physicians, physician assistants,
 3360  certified nurse midwives, nurse practitioners, and nurses
 3361  employed by or affiliated with rural hospitals, as defined in
 3362  this act; and
 3363         (b) Primary care physicians, physician assistants,
 3364  certified nurse midwives, nurse practitioners, and nurses
 3365  employed by or affiliated with rural area health education
 3366  centers, as defined in this section. These personnel shall
 3367  practice:
 3368         1. In a county with a population density of no greater than
 3369  100 persons per square mile; or
 3370         2. Within the boundaries of a hospital tax district which
 3371  encompasses a population of no greater than 100 persons per
 3372  square mile.
 3373  
 3374  If the department administers a federal loan repayment program,
 3375  priority shall be given to obligating state and federal matching
 3376  funds pursuant to paragraphs (a) and (b). The department may use
 3377  federal matching funds in other health workforce shortage areas
 3378  and medically underserved areas in the state for loan repayment
 3379  programs for primary care physicians, physician assistants,
 3380  certified nurse midwives, nurse practitioners, and nurses who
 3381  are employed by publicly financed health care programs that
 3382  serve medically indigent persons.
 3383         Section 49. Subsection (1) of section 458.313, Florida
 3384  Statutes, is amended to read:
 3385         458.313 Licensure by endorsement; requirements; fees.—
 3386         (1) The department shall issue a license by endorsement to
 3387  any applicant who, upon applying to the department on forms
 3388  furnished by the department and remitting a fee set by the board
 3389  not to exceed $500, the board certifies:
 3390         (a) Has met the qualifications for licensure in s.
 3391  458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (4)
 3392  (3);
 3393         (b) Before Prior to January 1, 2000, has obtained a passing
 3394  score, as established by rule of the board, on the licensure
 3395  examination of the Federation of State Medical Boards of the
 3396  United States, Inc. (FLEX), on the United States Medical
 3397  Licensing Examination (USMLE), or on the examination of the
 3398  National Board of Medical Examiners, or on a combination
 3399  thereof, and on or after January 1, 2000, has obtained a passing
 3400  score on the United States Medical Licensing Examination
 3401  (USMLE); and
 3402         (c) Has submitted evidence of the active licensed practice
 3403  of medicine in another jurisdiction, for at least 2 of the
 3404  immediately preceding 4 years, or evidence of successful
 3405  completion of either a board-approved postgraduate training
 3406  program within 2 years preceding filing of an application or a
 3407  board-approved clinical competency examination within the year
 3408  preceding the filing of an application for licensure. For
 3409  purposes of this paragraph, the term “active licensed practice
 3410  of medicine” means that practice of medicine by physicians,
 3411  including those employed by any governmental entity in community
 3412  or public health, as defined by this chapter, medical directors
 3413  under s. 641.495(11) who are practicing medicine, and those on
 3414  the active teaching faculty of an accredited medical school.
 3415         Section 50. Subsection (1) of section 458.316, Florida
 3416  Statutes, is amended to read:
 3417         458.316 Public health certificate.—
 3418         (1) Any person desiring to obtain a public health
 3419  certificate shall submit an application fee not to exceed $300
 3420  and shall demonstrate to the board that he or she is a graduate
 3421  of an accredited medical school and holds a master of public
 3422  health degree or is board eligible or certified in public health
 3423  or preventive medicine, or is licensed to practice medicine
 3424  without restriction in another jurisdiction in the United States
 3425  and holds a master of public health degree or is board eligible
 3426  or certified in public health or preventive medicine, and shall
 3427  meet the requirements in s. 458.311(1)(a)-(g) and (6) (5).
 3428         Section 51. Section 458.3165, Florida Statutes, is amended
 3429  to read:
 3430         458.3165 Public psychiatry certificate.—The board shall
 3431  issue a public psychiatry certificate to an individual who
 3432  remits an application fee not to exceed $300, as set by the
 3433  board, who is a board-certified psychiatrist, who is licensed to
 3434  practice medicine without restriction in another state, and who
 3435  meets the requirements in s. 458.311(1)(a)-(g) and (6) (5). A
 3436  recipient of a public psychiatry certificate may use the
 3437  certificate to work at any public mental health facility or
 3438  program funded in part or entirely by state funds.
 3439         (1) Such certificate shall:
 3440         (a) Authorize the holder to practice only in a public
 3441  mental health facility or program funded in part or entirely by
 3442  state funds.
 3443         (b) Be issued and renewable biennially if the State Surgeon
 3444  General and the chair of the department of psychiatry at one of
 3445  the public medical schools or the chair of the department of
 3446  psychiatry at the accredited medical school at the University of
 3447  Miami recommend in writing that the certificate be issued or
 3448  renewed.
 3449         (c) Automatically expire if the holder’s relationship with
 3450  a public mental health facility or program expires.
 3451         (d) Not be issued to a person who has been adjudged
 3452  unqualified or guilty of any of the prohibited acts in this
 3453  chapter.
 3454         (2) The board may take disciplinary action against a
 3455  certificateholder for noncompliance with any part of this
 3456  section or for any reason for which a regular licensee may be
 3457  subject to discipline.
 3458         Section 52. Section 456.4501, Florida Statutes, is created
 3459  to read:
 3460         456.4501 Interstate Medical Licensure Compact.—The
 3461  Interstate Medical Licensure Compact is hereby enacted into law
 3462  and entered into by this state with all other jurisdictions
 3463  legally joining therein in the form substantially as follows:
 3464  
 3465                              SECTION 1                            
 3466                               PURPOSE                             
 3467  
 3468         In order to strengthen access to health care, and in
 3469  recognition of the advances in the delivery of health care, the
 3470  member states of the Interstate Medical Licensure Compact have
 3471  allied in common purpose to develop a comprehensive process that
 3472  complements the existing licensing and regulatory authority of
 3473  state medical boards and provides a streamlined process that
 3474  allows physicians to become licensed in multiple states, thereby
 3475  enhancing the portability of a medical license and ensuring the
 3476  safety of patients. The compact creates another pathway for
 3477  licensure and does not otherwise change a states existing
 3478  medical practice act. The compact also adopts the prevailing
 3479  standard for licensure and affirms that the practice of medicine
 3480  occurs where the patient is located at the time of the
 3481  physician-patient encounter and, therefore, requires the
 3482  physician to be under the jurisdiction of the state medical
 3483  board where the patient is located. State medical boards that
 3484  participate in the compact retain the jurisdiction to impose an
 3485  adverse action against a license to practice medicine in that
 3486  state issued to a physician through the procedures in the
 3487  compact.
 3488  
 3489                              SECTION 2                            
 3490                             DEFINITIONS                           
 3491  
 3492         As used in the compact, the term:
 3493         (1)“Bylaws” means those bylaws established by the
 3494  Interstate Commission pursuant to Section 11 for its governance
 3495  or for directing and controlling its actions and conduct.
 3496         (2)“Commissioner” means the voting representative
 3497  appointed by each member board pursuant to Section 11.
 3498         (3)“Conviction” means a finding by a court that an
 3499  individual is guilty of a criminal offense, through adjudication
 3500  or entry of a plea of guilt or no contest to the charge by the
 3501  offender. Evidence of an entry of a conviction of a criminal
 3502  offense by the court shall be considered final for purposes of
 3503  disciplinary action by a member board.
 3504         (4)“Expedited license” means a full and unrestricted
 3505  medical license granted by a member state to an eligible
 3506  physician through the process set forth in the compact.
 3507         (5)“Interstate Commission” means the Interstate Medical
 3508  Licensure Compact Commission created pursuant to Section 11.
 3509         (6)“License” means authorization by a state for a
 3510  physician to engage in the practice of medicine, which would be
 3511  unlawful without the authorization.
 3512         (7)“Medical practice act” means laws and regulations
 3513  governing the practice of allopathic and osteopathic medicine
 3514  within a member state.
 3515         (8)“Member board” means a state agency in a member state
 3516  which acts in the sovereign interests of the state by protecting
 3517  the public through licensure, regulation, and education of
 3518  physicians as directed by the state government.
 3519         (9)“Member state” means a state that has enacted the
 3520  compact.
 3521         (10)“Offense” means a felony, high court misdemeanor, or
 3522  crime of moral turpitude.
 3523         (11)“Physician” means any person who:
 3524         (a)Is a graduate of a medical school accredited by the
 3525  Liaison Committee on Medical Education, the Commission on
 3526  Osteopathic College Accreditation, or a medical school listed in
 3527  the International Medical Education Directory or its equivalent;
 3528         (b)Passed each component of the United States Medical
 3529  Licensing Examination (USMLE) or the Comprehensive Osteopathic
 3530  Medical Licensing Examination (COMLEX-USA) within three
 3531  attempts, or any of its predecessor examinations accepted by a
 3532  state medical board as an equivalent examination for licensure
 3533  purposes;
 3534         (c)Successfully completed graduate medical education
 3535  approved by the Accreditation Council for Graduate Medical
 3536  Education or the American Osteopathic Association;
 3537         (d)Holds specialty certification or a time-unlimited
 3538  specialty certificate recognized by the American Board of
 3539  Medical Specialties or the American Osteopathic Associations
 3540  Bureau of Osteopathic Specialists; however, the specialty
 3541  certification or a time-unlimited specialty certificate does not
 3542  have to be maintained once a physician is initially determined
 3543  to be eligible for expedited licensure through the compact;
 3544         (e)Possesses a full and unrestricted license to engage in
 3545  the practice of medicine issued by a member board;
 3546         (f)Has never been convicted or received adjudication,
 3547  deferred adjudication, community supervision, or deferred
 3548  disposition for any offense by a court of appropriate
 3549  jurisdiction;
 3550         (g)Has never held a license authorizing the practice of
 3551  medicine subjected to discipline by a licensing agency in any
 3552  state, federal, or foreign jurisdiction, excluding any action
 3553  related to nonpayment of fees related to a license;
 3554         (h)Has never had a controlled substance license or permit
 3555  suspended or revoked by a state or the United States Drug
 3556  Enforcement Administration; and
 3557         (i)Is not under active investigation by a licensing agency
 3558  or law enforcement authority in any state, federal, or foreign
 3559  jurisdiction.
 3560         (12)“Practice of medicine” means the diagnosis, treatment,
 3561  prevention, cure, or relieving of a human disease, ailment,
 3562  defect, complaint, or other physical or mental condition by
 3563  attendance, advice, device, diagnostic test, or other means, or
 3564  offering, undertaking, attempting to do, or holding oneself out
 3565  as able to do any of these acts.
 3566         (13)“Rule” means a written statement by the Interstate
 3567  Commission adopted pursuant to Section 12 of the compact which
 3568  is of general applicability; implements, interprets, or
 3569  prescribes a policy or provision of the compact or an
 3570  organizational, procedural, or practice requirement of the
 3571  Interstate Commission; and has the force and effect of statutory
 3572  law in a member state, if the rule is not inconsistent with the
 3573  laws of the member state. The term includes the amendment,
 3574  repeal, or suspension of an existing rule.
 3575         (14)“State” means any state, commonwealth, district, or
 3576  territory of the United States.
 3577         (15)“State of principal license” means a member state
 3578  where a physician holds a license to practice medicine and which
 3579  has been designated as such by the physician for purposes of
 3580  registration and participation in the compact.
 3581  
 3582                              SECTION 3                            
 3583                             ELIGIBILITY                           
 3584  
 3585         (1)A physician must meet the eligibility requirements as
 3586  provided in subsection (11) of Section 2 to receive an expedited
 3587  license under the terms of the compact.
 3588         (2)A physician who does not meet the requirements
 3589  specified in subsection (11) of Section 2 may obtain a license
 3590  to practice medicine in a member state if the individual
 3591  complies with all laws and requirements, other than the compact,
 3592  relating to the issuance of a license to practice medicine in
 3593  that state.
 3594  
 3595                              SECTION 4                            
 3596              DESIGNATION OF STATE OF PRINCIPAL LICENSE            
 3597  
 3598         (1)A physician shall designate a member state as the state
 3599  of principal license for purposes of registration for expedited
 3600  licensure through the compact if the physician possesses a full
 3601  and unrestricted license to practice medicine in that state and
 3602  the state is:
 3603         (a)The state of primary residence for the physician;
 3604         (b)The state where at least 25 percent of the physician’s
 3605  practice of medicine occurs;
 3606         (c)The location of the physician’s employer; or
 3607         (d)If no state qualifies under paragraph (a), paragraph
 3608  (b), or paragraph (c), the state designated as the physician’s
 3609  state of residence for purpose of federal income tax.
 3610         (2)A physician may redesignate a member state as state of
 3611  principal license at any time, as long as the state meets one of
 3612  the descriptions under subsection (1).
 3613         (3)The Interstate Commission may develop rules to
 3614  facilitate redesignation of another member state as the state of
 3615  principal license.
 3616  
 3617                              SECTION 5                            
 3618           APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE         
 3619  
 3620         (1)A physician seeking licensure through the compact must
 3621  file an application for an expedited license with the member
 3622  board of the state selected by the physician as the state of
 3623  principal license.
 3624         (2)Upon receipt of an application for an expedited
 3625  license, the member board within the state selected as the state
 3626  of principal license shall evaluate whether the physician is
 3627  eligible for expedited licensure and issue a letter of
 3628  qualification, verifying or denying the physician’s eligibility,
 3629  to the Interstate Commission.
 3630         (a)Static qualifications, which include verification of
 3631  medical education, graduate medical education, results of any
 3632  medical or licensing examination, and other qualifications as
 3633  determined by the Interstate Commission through rule, are not
 3634  subject to additional primary source verification if already
 3635  primary source-verified by the state of principal license.
 3636         (b)The member board within the state selected as the state
 3637  of principal license shall, in the course of verifying
 3638  eligibility, perform a criminal background check of an
 3639  applicant, including the use of the results of fingerprint or
 3640  other biometric data checks compliant with the requirements of
 3641  the Federal Bureau of Investigation, with the exception of
 3642  federal employees who have a suitability determination in
 3643  accordance with 5 C.F.R. s. 731.202.
 3644         (c)Appeal on the determination of eligibility must be made
 3645  to the member state where the application was filed and is
 3646  subject to the law of that state.
 3647         (3) Upon verification in subsection (2), physicians
 3648  eligible for an expedited license must complete the registration
 3649  process established by the Interstate Commission to receive a
 3650  license in a member state selected pursuant to subsection (1).
 3651         (4) After receiving verification of eligibility under
 3652  subsection (2) and upon an applicant’s completion of any
 3653  registration process required under subsection (3), a member
 3654  board shall issue an expedited license to the physician. This
 3655  license authorizes the physician to practice medicine in the
 3656  issuing state consistent with the medical practice act and all
 3657  applicable laws and regulations of the issuing member board and
 3658  member state.
 3659         (5) An expedited license is valid for a period consistent
 3660  with the licensure period in the member state and in the same
 3661  manner as required for other physicians holding a full and
 3662  unrestricted license within the member state.
 3663         (6) An expedited license obtained through the compact must
 3664  be terminated if a physician fails to maintain a license in the
 3665  state of principal license for a nondisciplinary reason, without
 3666  redesignation of a new state of principal license.
 3667         (7) The Interstate Commission may develop rules regarding
 3668  the application process and the issuance of an expedited
 3669  license.
 3670  
 3671                              SECTION 6                            
 3672                 RENEWAL AND CONTINUED PARTICIPATION               
 3673  
 3674         (1) A physician seeking to renew an expedited license
 3675  granted in a member state shall complete a renewal process with
 3676  the Interstate Commission if the physician:
 3677         (a)Maintains a full and unrestricted license in a state of
 3678  principal license;
 3679         (b) Has not been convicted or received adjudication,
 3680  deferred adjudication, community supervision, or deferred
 3681  disposition for any offense by a court of appropriate
 3682  jurisdiction;
 3683         (c) Has not had a license authorizing the practice of
 3684  medicine subject to discipline by a licensing agency in any
 3685  state, federal, or foreign jurisdiction, excluding any action
 3686  related to nonpayment of fees related to a license; and
 3687         (d) Has not had a controlled substance license or permit
 3688  suspended or revoked by a state or the United States Drug
 3689  Enforcement Administration.
 3690         (2) Physicians shall comply with all continuing
 3691  professional development or continuing medical education
 3692  requirements for renewal of a license issued by a member state.
 3693         (3) Physician information collected by the Interstate
 3694  Commission during the renewal process must be distributed to all
 3695  member boards.
 3696         (4) The Interstate Commission may develop rules to address
 3697  renewal of licenses obtained through the compact.
 3698  
 3699                              SECTION 7                            
 3700                   COORDINATED INFORMATION SYSTEM                  
 3701  
 3702         (1) The Interstate Commission shall establish a database of
 3703  all physicians licensed, or who have applied for licensure,
 3704  under Section 5.
 3705         (2) Notwithstanding any other provision of law, member
 3706  boards shall report to the Interstate Commission any public
 3707  action or complaints against a licensed physician who has
 3708  applied or received an expedited license through the compact.
 3709         (3) Member boards shall report to the Interstate Commission
 3710  disciplinary or investigatory information determined as
 3711  necessary and proper by rule of the Interstate Commission.
 3712         (4) Member boards may report to the Interstate Commission
 3713  any nonpublic complaint, disciplinary, or investigatory
 3714  information not required by subsection (3).
 3715         (5) Member boards shall share complaint or disciplinary
 3716  information about a physician upon request of another member
 3717  board.
 3718         (6) All information provided to the Interstate Commission
 3719  or distributed by member boards shall be confidential, filed
 3720  under seal, and used only for investigatory or disciplinary
 3721  matters.
 3722         (7) The Interstate Commission may develop rules for
 3723  mandated or discretionary sharing of information by member
 3724  boards.
 3725  
 3726                              SECTION 8                            
 3727                        JOINT INVESTIGATIONS                       
 3728  
 3729         (1) Licensure and disciplinary records of physicians are
 3730  deemed investigative.
 3731         (2) In addition to the authority granted to a member board
 3732  by its respective medical practice act or other applicable state
 3733  law, a member board may participate with other member boards in
 3734  joint investigations of physicians licensed by the member
 3735  boards.
 3736         (3) A subpoena issued by a member state is enforceable in
 3737  other member states.
 3738         (4) Member boards may share any investigative, litigation,
 3739  or compliance materials in furtherance of any joint or
 3740  individual investigation initiated under the compact.
 3741         (5) Any member state may investigate actual or alleged
 3742  violations of the statutes authorizing the practice of medicine
 3743  in any other member state in which a physician holds a license
 3744  to practice medicine.
 3745  
 3746                              SECTION 9                            
 3747                        DISCIPLINARY ACTIONS                       
 3748  
 3749         (1) Any disciplinary action taken by any member board
 3750  against a physician licensed through the compact is deemed
 3751  unprofessional conduct which may be subject to discipline by
 3752  other member boards, in addition to any violation of the medical
 3753  practice act or regulations in that state.
 3754         (2) If a license granted to a physician by the member board
 3755  in the state of principal license is revoked, surrendered or
 3756  relinquished in lieu of discipline, or suspended, then all
 3757  licenses issued to the physician by member boards shall
 3758  automatically be placed, without further action necessary by any
 3759  member board, on the same status. If the member board in the
 3760  state of principal license subsequently reinstates the
 3761  physician’s license, a license issued to the physician by any
 3762  other member board must remain encumbered until that respective
 3763  member board takes action to reinstate the license in a manner
 3764  consistent with the medical practice act of that state.
 3765         (3) If disciplinary action is taken against a physician by
 3766  a member board not in the state of principal license, any other
 3767  member board may deem the action conclusive as to matter of law
 3768  and fact decided, and:
 3769         (a)Impose the same or lesser sanctions against the
 3770  physician so long as such sanctions are consistent with the
 3771  medical practice act of that state; or
 3772         (b)Pursue separate disciplinary action against the
 3773  physician under its respective medical practice act, regardless
 3774  of the action taken in other member states.
 3775         (4) If a license granted to a physician by a member board
 3776  is revoked, surrendered or relinquished in lieu of discipline,
 3777  or suspended, any license issued to the physician by any other
 3778  member board must be suspended, automatically and immediately
 3779  without further action necessary by the other member boards, for
 3780  90 days after entry of the order by the disciplining board, to
 3781  permit the member boards to investigate the basis for the action
 3782  under the medical practice act of that state. A member board may
 3783  terminate the automatic suspension of the license it issued
 3784  before the completion of the 90-day suspension period in a
 3785  manner consistent with the medical practice act of that state.
 3786  
 3787                             SECTION 10                            
 3788           INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION         
 3789  
 3790         (1) The member states hereby create the Interstate Medical
 3791  Licensure Compact Commission.
 3792         (2) The purpose of the Interstate Commission is the
 3793  administration of the compact, which is a discretionary state
 3794  function.
 3795         (3) The Interstate Commission is a body corporate and joint
 3796  agency of the member states and has all the responsibilities,
 3797  powers, and duties set forth in the compact, and such additional
 3798  powers as may be conferred upon it by a subsequent concurrent
 3799  action of the respective legislatures of the member states in
 3800  accordance with the terms of the compact.
 3801         (4) The Interstate Commission shall consist of two voting
 3802  representatives appointed by each member state, who shall serve
 3803  as commissioners. In states where allopathic and osteopathic
 3804  physicians are regulated by separate member boards, or if the
 3805  licensing and disciplinary authority is split between multiple
 3806  member boards within a member state, the member state shall
 3807  appoint one representative from each member board. Each
 3808  commissioner must be one of the following:
 3809         (a)An allopathic or osteopathic physician appointed to a
 3810  member board.
 3811         (b) An executive director, an executive secretary, or a
 3812  similar executive of a member board.
 3813         (c)A member of the public appointed to a member board.
 3814         (5)The Interstate Commission shall meet at least once each
 3815  calendar year. A portion of this meeting must be a business
 3816  meeting to address such matters as may properly come before the
 3817  commission, including the election of officers. The chairperson
 3818  may call additional meetings and shall call for a meeting upon
 3819  the request of a majority of the member states.
 3820         (6) The bylaws may provide for meetings of the Interstate
 3821  Commission to be conducted by telecommunication or other
 3822  electronic means.
 3823         (7) Each commissioner participating at a meeting of the
 3824  Interstate Commission is entitled to one vote. A majority of
 3825  commissioners constitutes a quorum for the transaction of
 3826  business, unless a larger quorum is required by the bylaws of
 3827  the Interstate Commission. A commissioner may not delegate a
 3828  vote to another commissioner. In the absence of its
 3829  commissioner, a member state may delegate voting authority for a
 3830  specified meeting to another person from that state who must
 3831  meet the qualification requirements specified in subsection (4).
 3832         (8) The Interstate Commission shall provide public notice
 3833  of all meetings, and all meetings must be open to the public.
 3834  The Interstate Commission may close a meeting, in full or in
 3835  portion, where it determines by a two-thirds vote of the
 3836  commissioners present that an open meeting would be likely to:
 3837         (a) Relate solely to the internal personnel practices and
 3838  procedures of the Interstate Commission;
 3839         (b) Discuss matters specifically exempted from disclosure
 3840  by federal statute;
 3841         (c) Discuss trade secrets or commercial or financial
 3842  information that is privileged or confidential;
 3843         (d) Involve accusing a person of a crime, or formally
 3844  censuring a person;
 3845         (e) Discuss information of a personal nature, the
 3846  disclosure of which would constitute a clearly unwarranted
 3847  invasion of personal privacy;
 3848         (f) Discuss investigative records compiled for law
 3849  enforcement purposes; or
 3850         (g) Specifically relate to participation in a civil action
 3851  or other legal proceeding.
 3852         (9) The Interstate Commission shall keep minutes that fully
 3853  describe all matters discussed in a meeting and provide a full
 3854  and accurate summary of actions taken, including a record of any
 3855  roll call votes.
 3856         (10) The Interstate Commission shall make its information
 3857  and official records, to the extent not otherwise designated in
 3858  the compact or by its rules, available to the public for
 3859  inspection.
 3860         (11) The Interstate Commission shall establish an executive
 3861  committee, which shall include officers, members, and others as
 3862  determined by the bylaws. The executive committee has the power
 3863  to act on behalf of the Interstate Commission, with the
 3864  exception of rulemaking, during periods when the Interstate
 3865  Commission is not in session. When acting on behalf of the
 3866  Interstate Commission, the executive committee shall oversee the
 3867  administration of the compact, including enforcement and
 3868  compliance with the compact and its bylaws and rules, and other
 3869  duties as necessary.
 3870         (12) The Interstate Commission may establish other
 3871  committees for governance and administration of the compact.
 3872  
 3873                             SECTION 11                            
 3874           POWERS AND DUTIES OF THE INTERSTATE COMMISSION          
 3875  
 3876         The Interstate Commission has all of the following powers
 3877  and duties:
 3878         (1) Overseeing and maintaining the administration of the
 3879  compact.
 3880         (2) Adopting rules, which shall be binding to the extent
 3881  and in the manner provided for in the compact.
 3882         (3) Issuing, upon the request of a member state or member
 3883  board, advisory opinions concerning the meaning or
 3884  interpretation of the compact and its bylaws, rules, and
 3885  actions.
 3886         (4) Enforcing compliance with the compact, the rules
 3887  adopted by the Interstate Commission, and the bylaws, using all
 3888  necessary and proper means, including, but not limited to, the
 3889  use of judicial process.
 3890         (5) Establishing and appointing committees, including, but
 3891  not limited to, an executive committee as required by Section
 3892  11, which shall have the power to act on behalf of the
 3893  Interstate Commission in carrying out its powers and duties.
 3894         (6) Paying for or providing for the payment of the expenses
 3895  related to the establishment, organization, and ongoing
 3896  activities of the Interstate Commission.
 3897         (7) Establishing and maintaining one or more offices.
 3898         (8) Borrowing, accepting, hiring, or contracting for
 3899  services of personnel.
 3900         (9) Purchasing and maintaining insurance and bonds.
 3901         (10) Employing an executive director, who shall have the
 3902  power to employ, select, or appoint employees, agents, or
 3903  consultants and to determine their qualifications, define their
 3904  duties, and fix their compensation.
 3905         (11) Establishing personnel policies and programs relating
 3906  to conflicts of interest, rates of compensation, and
 3907  qualifications of personnel.
 3908         (12) Accepting donations and grants of money, equipment,
 3909  supplies, materials, and services and receiving, using, and
 3910  disposing of them in a manner consistent with the conflict-of
 3911  interest policies established by the Interstate Commission.
 3912         (13) Leasing, purchasing, accepting contributions or
 3913  donations of, or otherwise owning, holding, improving, or using
 3914  any property, real, personal, or mixed.
 3915         (14) Selling conveying, mortgaging, pledging, leasing,
 3916  exchanging, abandoning, or otherwise disposing of any property,
 3917  real, personal, or mixed.
 3918         (15) Establishing a budget and making expenditures.
 3919         (16) Adopting a seal and bylaws governing the management
 3920  and operation of the Interstate Commission.
 3921         (17) Reporting annually to the legislatures and governors
 3922  of the member states concerning the activities of the Interstate
 3923  Commission during the preceding year. Such reports must also
 3924  include reports of financial audits and any recommendations that
 3925  may have been adopted by the Interstate Commission.
 3926         (18) Coordinating education, training, and public awareness
 3927  regarding the compact and its implementation and operation.
 3928         (19) Maintaining records in accordance with the bylaws.
 3929         (20) Seeking and obtaining trademarks, copyrights, and
 3930  patents.
 3931         (21) Performing any other functions necessary or
 3932  appropriate to achieve the purposes of the compact.
 3933  
 3934                             SECTION 12                            
 3935                           FINANCE POWERS                          
 3936  
 3937         (1) The Interstate Commission may levy on and collect an
 3938  annual assessment from each member state to cover the cost of
 3939  the operations and activities of the Interstate Commission and
 3940  its staff. The total assessment, subject to appropriation, must
 3941  be sufficient to cover the annual budget approved each year for
 3942  which revenue is not provided by other sources. The aggregate
 3943  annual assessment amount must be allocated upon a formula to be
 3944  determined by the Interstate Commission, which shall adopt a
 3945  rule binding upon all member states.
 3946         (2) The Interstate Commission may not incur obligations of
 3947  any kind before securing the funds adequate to meet the same.
 3948         (3) The Interstate Commission may not pledge the credit of
 3949  any of the member states, except by, and with the authority of,
 3950  the member state.
 3951         (4) The Interstate Commission is subject to an annual
 3952  financial audit conducted by a certified or licensed public
 3953  accountant, and the report of the audit must be included in the
 3954  annual report of the Interstate Commission.
 3955  
 3956                             SECTION 13                            
 3957       ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION     
 3958  
 3959         (1) The Interstate Commission shall, by a majority of
 3960  commissioners present and voting, adopt bylaws to govern its
 3961  conduct as may be necessary or appropriate to carry out the
 3962  purposes of the compact within 12 months after the first
 3963  Interstate Commission meeting.
 3964         (2) The Interstate Commission shall elect or appoint
 3965  annually from among its commissioners a chairperson, a vice
 3966  chairperson, and a treasurer, each of whom shall have such
 3967  authority and duties as may be specified in the bylaws. The
 3968  chairperson, or in the chairperson’s absence or disability, the
 3969  vice chairperson, shall preside over all meetings of the
 3970  Interstate Commission.
 3971         (3) Officers selected pursuant to subsection (2) shall
 3972  serve without remuneration from the Interstate Commission.
 3973         (4) The officers and employees of the Interstate Commission
 3974  are immune from suit and liability, either personally or in
 3975  their official capacity, for a claim for damage to or loss of
 3976  property or personal injury or other civil liability caused or
 3977  arising out of, or relating to, an actual or alleged act, error,
 3978  or omission that occurred, or that such person had a reasonable
 3979  basis for believing occurred, within the scope of Interstate
 3980  Commission employment, duties, or responsibilities; provided
 3981  that such person is not protected from suit or liability for
 3982  damage, loss, injury, or liability caused by the intentional or
 3983  willful and wanton misconduct of such person.
 3984         (a) The liability of the executive director and employees
 3985  of the Interstate Commission or representatives of the
 3986  Interstate Commission, acting within the scope of such person’s
 3987  employment or duties for acts, errors, or omissions occurring
 3988  within such person’s state, may not exceed the limits of
 3989  liability set forth under the constitution and laws of that
 3990  state for state officials, employees, and agents. The Interstate
 3991  Commission is considered to be an instrumentality of the states
 3992  for the purposes of any such action. Nothing in this subsection
 3993  may be construed to protect such person from suit or liability
 3994  for damage, loss, injury, or liability caused by the intentional
 3995  or willful and wanton misconduct of such person.
 3996         (b) The Interstate Commission shall defend the executive
 3997  director and its employees and, subject to the approval of the
 3998  attorney general or other appropriate legal counsel of the
 3999  member state represented by an Interstate Commission
 4000  representative, shall defend such persons in any civil action
 4001  seeking to impose liability arising out of an actual or alleged
 4002  act, error, or omission that occurred within the scope of
 4003  Interstate Commission employment, duties, or responsibilities,
 4004  or that the defendant had a reasonable basis for believing
 4005  occurred within the scope of Interstate Commission employment,
 4006  duties, or responsibilities, provided that the actual or alleged
 4007  act, error, or omission did not result from intentional or
 4008  willful and wanton misconduct on the part of such person.
 4009         (c) To the extent not covered by the state involved, the
 4010  member state, or the Interstate Commission, the representatives
 4011  or employees of the Interstate Commission must be held harmless
 4012  in the amount of a settlement or judgment, including attorney
 4013  fees and costs, obtained against such persons arising out of an
 4014  actual or alleged act, error, or omission that occurred within
 4015  the scope of Interstate Commission employment, duties, or
 4016  responsibilities, or that such persons had a reasonable basis
 4017  for believing occurred within the scope of Interstate Commission
 4018  employment, duties, or responsibilities, provided that the
 4019  actual or alleged act, error, or omission did not result from
 4020  intentional or willful and wanton misconduct on the part of such
 4021  persons.
 4022  
 4023                             SECTION 14                            
 4024          RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION        
 4025  
 4026         (1) The Interstate Commission shall adopt reasonable rules
 4027  in order to effectively and efficiently achieve the purposes of
 4028  the compact. However, in the event the Interstate Commission
 4029  exercises its rulemaking authority in a manner that is beyond
 4030  the scope of the purposes of the compact, or the powers granted
 4031  hereunder, then such an action by the Interstate Commission is
 4032  invalid and has no force or effect.
 4033         (2) Rules deemed appropriate for the operations of the
 4034  Interstate Commission must be made pursuant to a rulemaking
 4035  process that substantially conforms to the “Model State
 4036  Administrative Procedure Act” of 2010, and subsequent amendments
 4037  thereto.
 4038         (3) Not later than 30 days after a rule is adopted, any
 4039  person may file a petition for judicial review of the rule in
 4040  the United States District Court for the District of Columbia or
 4041  the federal district where the Interstate Commission has its
 4042  principal offices, provided that the filing of such a petition
 4043  does not stay or otherwise prevent the rule from becoming
 4044  effective unless the court finds that the petitioner has a
 4045  substantial likelihood of success. The court must give deference
 4046  to the actions of the Interstate Commission consistent with
 4047  applicable law and may not find the rule to be unlawful if the
 4048  rule represents a reasonable exercise of the authority granted
 4049  to the Interstate Commission.
 4050  
 4051                             SECTION 15                            
 4052                   OVERSIGHT OF INTERSTATE COMPACT                 
 4053  
 4054         (1) The executive, legislative, and judicial branches of
 4055  state government in each member state shall enforce the compact
 4056  and shall take all actions necessary and appropriate to
 4057  effectuate the compact’s purposes and intent. The compact and
 4058  the rules adopted hereunder shall have standing as statutory law
 4059  but do not override existing state authority to regulate the
 4060  practice of medicine.
 4061         (2) All courts shall take judicial notice of the compact
 4062  and the rules in any judicial or administrative proceeding in a
 4063  member state pertaining to the subject matter of the compact
 4064  which may affect the powers, responsibilities, or actions of the
 4065  Interstate Commission.
 4066         (3) The Interstate Commission is entitled to receive all
 4067  service of process in any such proceeding and shall have
 4068  standing to intervene in the proceeding for all purposes.
 4069  Failure to provide service of process to the Interstate
 4070  Commission shall render a judgment or order void as to the
 4071  Interstate Commission, the compact, or adopted rules, as
 4072  applicable.
 4073  
 4074                             SECTION 16                            
 4075                  ENFORCEMENT OF INTERSTATE COMPACT                
 4076  
 4077         (1) The Interstate Commission, in the reasonable exercise
 4078  of its discretion, shall enforce the provisions and rules of the
 4079  compact.
 4080         (2) The Interstate Commission may, by majority vote of the
 4081  commissioners, initiate legal action in the United States
 4082  District Court for the District of Columbia, or, at the
 4083  discretion of the Interstate Commission, in the federal district
 4084  where the Interstate Commission has its principal offices, to
 4085  enforce compliance with the compact and its adopted rules and
 4086  bylaws against a member state in default. The relief sought may
 4087  include both injunctive relief and damages. In the event
 4088  judicial enforcement is necessary, the prevailing party must be
 4089  awarded all costs of such litigation, including reasonable
 4090  attorney fees.
 4091         (3) The remedies herein are not the exclusive remedies of
 4092  the Interstate Commission. The Interstate Commission may avail
 4093  itself of any other remedies available under state law or the
 4094  regulation of a profession.
 4095  
 4096                             SECTION 17                            
 4097                         DEFAULT PROCEDURES                        
 4098  
 4099         (1) The grounds for default include, but are not limited
 4100  to, failure of a member state to perform such obligations or
 4101  responsibilities imposed upon it by the compact, or the rules
 4102  and bylaws of the Interstate Commission adopted under the
 4103  compact.
 4104         (2) If the Interstate Commission determines that a member
 4105  state has defaulted in the performance of its obligations or
 4106  responsibilities under the compact, or the bylaws or adopted
 4107  rules, the Interstate Commission shall:
 4108         (a) Provide written notice to the defaulting state and
 4109  other member states of the nature of the default, the means of
 4110  curing the default, and any action taken by the Interstate
 4111  Commission. The Interstate Commission shall specify the
 4112  conditions by which the defaulting state must cure its default;
 4113  and
 4114         (b) Provide remedial training and specific technical
 4115  assistance regarding the default.
 4116         (3)If the defaulting state fails to cure the default, the
 4117  defaulting state may be terminated from the compact upon an
 4118  affirmative vote of a majority of the commissioners and all
 4119  rights, privileges, and benefits conferred by the compact
 4120  terminate on the effective date of the termination. A cure of
 4121  the default does not relieve the offending state of obligations
 4122  or liabilities incurred during the period of the default.
 4123         (4) Termination of membership in the compact must be
 4124  imposed only after all other means of securing compliance have
 4125  been exhausted. Notice of intent to terminate must be given by
 4126  the Interstate Commission to the governor, the majority and
 4127  minority leaders of the defaulting state’s legislature, and each
 4128  of the member states.
 4129         (5) The Interstate Commission shall establish rules and
 4130  procedures to address licenses and physicians that are
 4131  materially impacted by the termination of a member state, or the
 4132  withdrawal of a member state.
 4133         (6) The member state which has been terminated is
 4134  responsible for all dues, obligations, and liabilities incurred
 4135  through the effective date of termination, including
 4136  obligations, the performance of which extends beyond the
 4137  effective date of termination.
 4138         (7) The Interstate Commission shall not bear any costs
 4139  relating to any state that has been found to be in default or
 4140  which has been terminated from the compact, unless otherwise
 4141  mutually agreed upon in writing between the Interstate
 4142  Commission and the defaulting state.
 4143         (8) The defaulting state may appeal the action of the
 4144  Interstate Commission by petitioning the United States District
 4145  Court for the District of Columbia or the federal district where
 4146  the Interstate Commission has its principal offices. The
 4147  prevailing party must be awarded all costs of such litigation
 4148  including reasonable attorney fees.
 4149  
 4150                             SECTION 18                            
 4151                         DISPUTE RESOLUTION                        
 4152  
 4153         (1) The Interstate Commission shall attempt, upon the
 4154  request of a member state, to resolve disputes that are subject
 4155  to the compact and that may arise among member states or member
 4156  boards.
 4157         (2) The Interstate Commission shall adopt rules providing
 4158  for both mediation and binding dispute resolution as
 4159  appropriate.
 4160  
 4161                             SECTION 19                            
 4162            MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT           
 4163  
 4164         (1) Any state is eligible to become a member state of the
 4165  compact.
 4166         (2) The compact becomes effective and binding upon
 4167  legislative enactment of the compact into law by no less than
 4168  seven states. Thereafter, it becomes effective and binding on a
 4169  state upon enactment of the compact into law by that state.
 4170         (3) The governors of nonmember states, or their designees,
 4171  must be invited to participate in the activities of the
 4172  Interstate Commission on a nonvoting basis before adoption of
 4173  the compact by all states.
 4174         (4) The Interstate Commission may propose amendments to the
 4175  compact for enactment by the member states. No amendment becomes
 4176  effective and binding upon the Interstate Commission and the
 4177  member states unless and until it is enacted into law by
 4178  unanimous consent of the member states.
 4179  
 4180                             SECTION 20                            
 4181                             WITHDRAWAL                            
 4182  
 4183         (1) Once effective, the compact shall continue in force and
 4184  remain binding upon each member state. However, a member state
 4185  may withdraw from the compact by specifically repealing the
 4186  statute which enacted the compact into law.
 4187         (2) Withdrawal from the compact must be made by the
 4188  enactment of a statute repealing the same, but the withdrawal
 4189  shall not take effect until 1 year after the effective date of
 4190  such statute and until written notice of the withdrawal has been
 4191  given by the withdrawing state to the governor of each other
 4192  member state.
 4193         (3) The withdrawing state shall immediately notify the
 4194  chairperson of the Interstate Commission in writing upon the
 4195  introduction of legislation repealing the compact in the
 4196  withdrawing state.
 4197         (4) The Interstate Commission shall notify the other member
 4198  states of the withdrawing state’s intent to withdraw within 60
 4199  days after receipt of notice provided under subsection (3).
 4200         (5) The withdrawing state is responsible for all dues,
 4201  obligations, and liabilities incurred through the effective date
 4202  of withdrawal, including obligations, the performance of which
 4203  extend beyond the effective date of withdrawal.
 4204         (6) Reinstatement following withdrawal of a member state
 4205  shall occur upon the withdrawing state reenacting the compact or
 4206  upon such later date as determined by the Interstate Commission.
 4207         (7) The Interstate Commission may develop rules to address
 4208  the impact of the withdrawal of a member state on licenses
 4209  granted in other member states to physicians who designated the
 4210  withdrawing member state as the state of principal license.
 4211  
 4212                             SECTION 21                            
 4213                             DISSOLUTION                           
 4214  
 4215         (1) The compact shall dissolve effective upon the date of
 4216  the withdrawal or default of the member state which reduces the
 4217  membership in the compact to one member state.
 4218         (2) Upon the dissolution of the compact, the compact
 4219  becomes null and void and shall be of no further force or
 4220  effect, the business and affairs of the Interstate Commission
 4221  must be concluded, and surplus funds of the Interstate
 4222  Commission must be distributed in accordance with the bylaws.
 4223  
 4224                             SECTION 22                            
 4225                    SEVERABILITY AND CONSTRUCTION                  
 4226  
 4227         (1) The provisions of the compact are severable, and if any
 4228  phrase, clause, sentence, or provision is deemed unenforceable,
 4229  the remaining provisions of the compact remain enforceable.
 4230         (2) The provisions of the compact must be liberally
 4231  construed to effectuate its purposes.
 4232         (3) The compact may be construed to prohibit the
 4233  applicability of other interstate compacts to which the states
 4234  are members.
 4235  
 4236                             SECTION 23                            
 4237              BINDING EFFECT OF COMPACT AND OTHER LAWS             
 4238  
 4239         (1) Nothing herein prevents the enforcement of any other
 4240  law of a member state which is not inconsistent with the
 4241  compact.
 4242         (2) All laws in a member state in conflict with the compact
 4243  are superseded to the extent of the conflict.
 4244         (3) All lawful actions of the Interstate Commission,
 4245  including all rules and bylaws adopted by the commission, are
 4246  binding upon the member states.
 4247         (4) All agreements between the Interstate Commission and
 4248  the member states are binding in accordance with their terms.
 4249         (5) In the event any provision of the compact exceeds the
 4250  constitutional limits imposed on the legislature of any member
 4251  state, such provision is ineffective to the extent of the
 4252  conflict with the constitutional provision in question in that
 4253  member state.
 4254         Section 53. Section 456.4502, Florida Statutes, is created
 4255  to read:
 4256         456.4502Interstate Medical Licensure Compact; disciplinary
 4257  proceedings.—A physician licensed pursuant to chapter 458,
 4258  chapter 459, or s. 456.4501 whose license is suspended or
 4259  revoked by this state pursuant to the Interstate Medical
 4260  Licensure Compact as a result of disciplinary action taken
 4261  against the physician’s license in another state must be granted
 4262  a formal hearing before an administrative law judge from the
 4263  Division of Administrative Hearings held pursuant to chapter 120
 4264  if there are any disputed issues of material fact. In such
 4265  proceedings:
 4266         (1)Notwithstanding s. 120.569(2), the department shall
 4267  notify the division within 45 days after receipt of a petition
 4268  or request for a formal hearing.
 4269         (2)The determination of whether the physician has violated
 4270  the laws and rules regulating the practice of medicine or
 4271  osteopathic medicine, as applicable, including a determination
 4272  of the reasonable standard of care, is a conclusion of law that
 4273  is to be determined by appropriate board and is not a finding of
 4274  fact to be determined by an administrative law judge.
 4275         (3)The administrative law judge shall issue a recommended
 4276  order pursuant to chapter 120.
 4277         (4)The Board of Medicine or the Board of Osteopathic
 4278  Medicine, as applicable, shall determine and issue the final
 4279  order in each disciplinary case. Such order shall constitute
 4280  final agency action.
 4281         (5)Any consent order or agreed-upon settlement is subject
 4282  to the approval of the department.
 4283         (6)The department shall have standing to seek judicial
 4284  review of any final order of the board, pursuant to s. 120.68.
 4285         Section 54. Section 456.4504, Florida Statutes, is created
 4286  to read:
 4287         456.4504Interstate Medical Licensure Compact Rules.—The
 4288  department may adopt rules to implement the Interstate Medical
 4289  Licensure Compact.
 4290         Section 55. Section 458.3129, Florida Statutes, is created
 4291  to read:
 4292         458.3129 Interstate Medical Licensure Compact.—A physician
 4293  licensed to practice allopathic medicine under s. 456.4501 is
 4294  deemed to also be licensed under this chapter.
 4295         Section 56. Section 459.074, Florida Statutes, is created
 4296  to read:
 4297         459.074 Interstate Medical Licensure Compact.—A physician
 4298  licensed to practice osteopathic medicine under s. 456.4501 is
 4299  deemed to also be licensed under this chapter.
 4300         Section 57. Paragraph (j) is added to subsection (10) of
 4301  section 768.28, Florida Statutes, to read:
 4302         768.28 Waiver of sovereign immunity in tort actions;
 4303  recovery limits; civil liability for damages caused during a
 4304  riot; limitation on attorney fees; statute of limitations;
 4305  exclusions; indemnification; risk management programs.—
 4306         (10)
 4307         (j) For purposes of this section, the representative
 4308  appointed from the Board of Medicine and the representative
 4309  appointed from the Board of Osteopathic Medicine, when serving
 4310  as commissioners of the Interstate Medical Licensure Compact
 4311  Commission pursuant to s. 456.4501, and any administrator,
 4312  officer, executive director, employee, or representative of the
 4313  Interstate Medical Licensure Compact Commission, when acting
 4314  within the scope of their employment, duties, or
 4315  responsibilities in this state, are considered agents of the
 4316  state. The commission shall pay any claims or judgments pursuant
 4317  to this section and may maintain insurance coverage to pay any
 4318  such claims or judgments.
 4319         Section 58. Section 468.1335, Florida Statutes, is created
 4320  to read:
 4321         468.1335Audiology and Speech-Language Pathology Interstate
 4322  Compact.—The Audiology and Speech-Language Pathology Interstate
 4323  Compact is hereby enacted into law and entered into by this
 4324  state with all other states legally joining therein in the form
 4325  substantially as follows:
 4326  
 4327                              ARTICLE I                            
 4328                               PURPOSE                             
 4329  
 4330         (1)The purpose of the compact is to facilitate the
 4331  interstate practice of audiology and speech-language pathology
 4332  with the goal of improving public access to audiology and
 4333  speech-language pathology services.
 4334         (2)The practice of audiology and speech-language pathology
 4335  occurs in the state where the patient, client, or student is
 4336  located at the time the services are provided.
 4337         (3)The compact preserves the regulatory authority of
 4338  states to protect the public health and safety through the
 4339  current system of state licensure.
 4340         (4)The compact is designed to achieve all of the following
 4341  objectives:
 4342         (a)Increase public access to audiology and speech-language
 4343  pathology services by providing for the mutual recognition of
 4344  other member state licenses.
 4345         (b)Enhance the states’ abilities to protect public health
 4346  and safety.
 4347         (c)Encourage the cooperation of member states in
 4348  regulating multistate audiology and speech-language pathology
 4349  practices.
 4350         (d)Support spouses of relocating active duty military
 4351  personnel.
 4352         (e)Enhance the exchange of licensure, investigative, and
 4353  disciplinary information between member states.
 4354         (f)Allow a remote state to hold a licensee with compact
 4355  privilege in that state accountable to that state’s practice
 4356  standards.
 4357         (g)Allow for the use of telehealth technology to
 4358  facilitate increased access to audiology and speech-language
 4359  pathology services.
 4360  
 4361                             ARTICLE II                            
 4362                             DEFINITIONS                           
 4363  
 4364         (1)As used in this section, the term:
 4365         (2)“Active duty military” means full-time duty status in
 4366  the active uniformed service of the United States, including
 4367  members of the National Guard and Reserve on active duty orders
 4368  pursuant to 10 U.S.C. chapters 1209 and 1211.
 4369         (3)“Adverse action” means any administrative, civil,
 4370  equitable, or criminal action permitted by a state’s laws which
 4371  is imposed by a licensing board against a licensee, including
 4372  actions against an individual’s license or privilege to
 4373  practice, such as revocation, suspension, probation, monitoring
 4374  of the licensee, or restriction on the licensee’s practice.
 4375         (4)“Alternative program” means a nondisciplinary
 4376  monitoring process approved by an audiology licensing board or a
 4377  speech-language pathology licensing board to address impaired
 4378  licensees.
 4379         (5)“Audiologist” means an individual who is licensed by a
 4380  state to practice audiology.
 4381         (6)“Audiology” means the care and services provided by a
 4382  licensed audiologist as provided in the member state’s rules and
 4383  regulations.
 4384         (7)“Audiology and Speech-Language Pathology Interstate
 4385  Compact Commission” or “commission” means the national
 4386  administrative body whose membership consists of all states that
 4387  have enacted the compact.
 4388         (8)“Audiology licensing board” means the agency of a state
 4389  which is responsible for the licensing and regulation of
 4390  audiologists.
 4391         (9)“Compact privilege” means the authorization granted by
 4392  a remote state to allow a licensee from another member state to
 4393  practice as an audiologist or speech-language pathologist in the
 4394  remote state under its rules and regulations. The practice of
 4395  audiology or speech-language pathology occurs in the member
 4396  state where the patient, client, or student is located at the
 4397  time the services are provided.
 4398         (10)“Current significant investigative information,”
 4399  “investigative materials,” “investigative records,” or
 4400  “investigative reports” means information that a licensing
 4401  board, after an inquiry or investigation that includes
 4402  notification and an opportunity for the audiologist or speech
 4403  language pathologist to respond, if required by state law, has
 4404  reason to believe is not groundless and, if proved true, would
 4405  indicate more than a minor infraction.
 4406         (11)“Data system” means a repository of information
 4407  relating to licensees, including, but not limited to, continuing
 4408  education, examination, licensure, investigative, compact
 4409  privilege, and adverse action information.
 4410         (12)“Encumbered license” means a license in which an
 4411  adverse action restricts the practice of audiology or speech
 4412  language pathology by the licensee and the adverse action has
 4413  been reported to the National Practitioner Data Bank.
 4414         (13)“Executive committee” means a group of directors
 4415  elected or appointed to act on behalf of, and within the powers
 4416  granted to them by, the commission.
 4417         (14)“Home state” means the member state that is the
 4418  licensee’s primary state of residence.
 4419         (15)“Impaired licensee” means a licensee whose
 4420  professional practice is adversely affected by substance abuse,
 4421  addiction, or other health-related conditions.
 4422         (16)“Licensee” means a person who is licensed by his or
 4423  her home state to practice as an audiologist or speech-language
 4424  pathologist.
 4425         (17)“Licensing board” means the agency of a state which is
 4426  responsible for the licensing and regulation of audiologists or
 4427  speech-language pathologists.
 4428         (18)“Member state” means a state that has enacted the
 4429  compact.
 4430         (19)“Privilege to practice” means the legal authorization
 4431  to practice audiology or speech-language pathology in a remote
 4432  state.
 4433         (20)“Remote state” means a member state, other than the
 4434  home state, where a licensee is exercising or seeking to
 4435  exercise his or her compact privilege.
 4436         (21)“Rule” means a regulation, principle, or directive
 4437  adopted by the commission which has the force of law.
 4438         (22)“Single-state license” means an audiology or speech
 4439  language pathology license issued by a member state which
 4440  authorizes practice only within the issuing state and does not
 4441  include a privilege to practice in any other member state.
 4442         (23)“Speech-language pathologist” means an individual who
 4443  is licensed to practice speech-language pathology.
 4444         (24)“Speech-language pathology” means the care and
 4445  services provided by a licensed speech-language pathologist as
 4446  provided in the member state’s rules and regulations.
 4447         (25)“Speech-language pathology licensing board” means the
 4448  agency of a state which is responsible for the licensing and
 4449  regulation of speech-language pathologists.
 4450         (26)“State” means any state, commonwealth, district, or
 4451  territory of the United States of America which regulates the
 4452  practice of audiology and speech-language pathology.
 4453         (27)“State practice laws” means a member state’s laws,
 4454  rules, and regulations that govern the practice of audiology or
 4455  speech-language pathology, define the scope of audiology or
 4456  speech-language pathology practice, and create the methods and
 4457  grounds for imposing discipline.
 4458         (28)“Telehealth” means the application of
 4459  telecommunication technology to deliver audiology or speech
 4460  language pathology services at a distance for assessment,
 4461  intervention, or consultation.
 4462  
 4463                             ARTICLE III                           
 4464                         STATE PARTICIPATION                       
 4465  
 4466         (1)A license issued to an audiologist or speech-language
 4467  pathologist by a home state to a resident in that state must be
 4468  recognized by each member state as authorizing an audiologist or
 4469  speech-language pathologist to practice audiology or speech
 4470  language pathology, under a privilege to practice, in each
 4471  member state.
 4472         (2)A state must implement procedures for considering the
 4473  criminal history records of applicants for initial privilege to
 4474  practice. These procedures must include the submission of
 4475  fingerprints or other biometric-based information by applicants
 4476  for the purpose of obtaining an applicant’s criminal history
 4477  records from the Federal Bureau of Investigation and the agency
 4478  responsible for retaining that state’s criminal history records.
 4479         (a)A member state must fully implement a criminal history
 4480  records check procedure, within a timeframe established by rule,
 4481  which requires the member state to receive an applicant’s
 4482  criminal history records from the Federal Bureau of
 4483  Investigation and the agency responsible for retaining the
 4484  member state’s criminal history records and use such records in
 4485  making licensure decisions.
 4486         (b)Communication between a member state, the commission,
 4487  and other member states regarding the verification of
 4488  eligibility for licensure through the compact may not include
 4489  any information received from the Federal Bureau of
 4490  Investigation relating to a criminal history records check
 4491  performed by a member state under Pub. L. No. 92-544.
 4492         (3)Upon application for a privilege to practice, the
 4493  licensing board in the issuing remote state must determine,
 4494  through the data system, whether the applicant has ever held, or
 4495  is the holder of, a license issued by any other state, whether
 4496  there are any encumbrances on any license or privilege to
 4497  practice held by the applicant, and whether any adverse action
 4498  has been taken against any license or privilege to practice held
 4499  by the applicant.
 4500         (4)Each member state must require an applicant to obtain
 4501  or retain a license in his or her home state and meet the home
 4502  state’s qualifications for licensure or renewal of licensure and
 4503  all other applicable state laws.
 4504         (5)Each member state must require that an applicant meet
 4505  all of the following criteria to receive the privilege to
 4506  practice as an audiologist in the member state:
 4507         (a)One of the following educational requirements:
 4508         1.On or before December 31, 2007, has graduated with a
 4509  master’s degree or doctoral degree in audiology, or an
 4510  equivalent degree, regardless of the name of such degree, from a
 4511  program that is accredited by an accrediting agency recognized
 4512  by the Council for Higher Education Accreditation, or its
 4513  successor, or by the United States Department of Education and
 4514  operated by a college or university accredited by a regional or
 4515  national accrediting organization recognized by the board;
 4516         2.On or after January 1, 2008, has graduated with a
 4517  doctoral degree in audiology, or an equivalent degree,
 4518  regardless of the name of such degree, from a program that is
 4519  accredited by an accrediting agency recognized by the Council
 4520  for Higher Education Accreditation, or its successor, or by the
 4521  United States Department of Education and operated by a college
 4522  or university accredited by a regional or national accrediting
 4523  organization recognized by the board; or
 4524         3.Has graduated from an audiology program that is housed
 4525  in an institution of higher education outside of the United
 4526  States for which the degree program and institution have been
 4527  approved by the authorized accrediting body in the applicable
 4528  country and the degree program has been verified by an
 4529  independent credentials review agency to be comparable to a
 4530  state licensing board-approved program.
 4531         (b)Has completed a supervised clinical practicum
 4532  experience from an accredited educational institution or its
 4533  cooperating programs as required by the commission.
 4534         (c)Has successfully passed a national examination approved
 4535  by the commission.
 4536         (d)Holds an active, unencumbered license.
 4537         (e)Has not been convicted or found guilty of, or entered a
 4538  plea of guilty or nolo contendere to, regardless of
 4539  adjudication, a felony in any jurisdiction which directly
 4540  relates to the practice of his or her profession or the ability
 4541  to practice his or her profession.
 4542         (f)Has a valid United States social security number or a
 4543  national provider identifier.
 4544         (6)Each member state must require that an applicant meet
 4545  all of the following criteria to receive the privilege to
 4546  practice as a speech-language pathologist in the member state:
 4547         (a)One of the following educational requirements:
 4548         1.Has graduated with a master’s degree from a speech
 4549  language pathology program that is accredited by an organization
 4550  recognized by the United States Department of Education and
 4551  operated by a college or university accredited by a regional or
 4552  national accrediting organization recognized by the board; or
 4553         2.Has graduated from a speech-language pathology program
 4554  that is housed in an institution of higher education outside of
 4555  the United States for which the degree program and institution
 4556  have been approved by the authorized accrediting body in the
 4557  applicable country and the degree program has been verified by
 4558  an independent credentials review agency to be comparable to a
 4559  state licensing board-approved program.
 4560         (b)Has completed a supervised clinical practicum
 4561  experience from an educational institution or its cooperating
 4562  programs as required by the commission.
 4563         (c)Has completed a supervised postgraduate professional
 4564  experience as required by the commission.
 4565         (d)Has successfully passed a national examination approved
 4566  by the commission.
 4567         (e)Holds an active, unencumbered license.
 4568         (f)Has not been convicted or found guilty of, or entered a
 4569  plea of guilty or nolo contendere to, regardless of
 4570  adjudication, a felony in any jurisdiction which directly
 4571  relates to the practice of his or her profession or the ability
 4572  to practice his or her profession.
 4573         (g)Has a valid United States social security number or
 4574  national provider identifier.
 4575         (7)The privilege to practice is derived from the home
 4576  state license.
 4577         (8)An audiologist or speech-language pathologist
 4578  practicing in a member state must comply with the state practice
 4579  laws of the member state where the client is located at the time
 4580  service is provided. The practice of audiology and speech
 4581  language pathology includes all audiology and speech-language
 4582  pathology practices as defined by the state practice laws of the
 4583  member state where the client is located. The practice of
 4584  audiology and speech-language pathology in a member state under
 4585  a privilege to practice subjects an audiologist or speech
 4586  language pathologist to the jurisdiction of the licensing
 4587  boards, courts, and laws of the member state where the client is
 4588  located at the time service is provided.
 4589         (9)Individuals not residing in a member state shall
 4590  continue to be able to apply for a member state’s single-state
 4591  license as provided under the laws of each member state.
 4592  However, the single-state license granted to these individuals
 4593  may not be recognized as granting the privilege to practice
 4594  audiology or speech-language pathology in any other member
 4595  state. The compact does not affect the requirements established
 4596  by a member state for the issuance of a single-state license.
 4597         (10)Member states must comply with the bylaws and rules of
 4598  the commission.
 4599  
 4600                             ARTICLE IV                            
 4601                          COMPACT PRIVILEGE                        
 4602  
 4603         (1)To exercise compact privilege under the compact, the
 4604  audiologist or speech-language pathologist must meet all of the
 4605  following criteria:
 4606         (a)Hold an active license in the home state.
 4607         (b)Have no encumbrance on any state license.
 4608         (c)Be eligible for compact privilege in any member state
 4609  in accordance with Article III.
 4610         (d)Not have any adverse action against any license or
 4611  compact privilege within the 2 years preceding the date of
 4612  application.
 4613         (e)Notify the commission that he or she is seeking compact
 4614  privilege within a remote state or states.
 4615         (f)Report to the commission any adverse action taken by
 4616  any nonmember state within 30 days after the date the adverse
 4617  action is taken.
 4618         (2)For the purposes of compact privilege, an audiologist
 4619  or speech-language pathologist may hold only one home state
 4620  license at a time.
 4621         (3)Except as provided in Article VI, if an audiologist or
 4622  speech-language pathologist changes his or her primary state of
 4623  residence by moving between two member states, the audiologist
 4624  or speech-language pathologist must apply for licensure in the
 4625  new home state, and the license issued by the prior home state
 4626  shall be deactivated in accordance with applicable rules adopted
 4627  by the commission.
 4628         (4)The audiologist or speech-language pathologist may
 4629  apply for licensure in advance of a change in his or her primary
 4630  state of residence.
 4631         (5)A license may not be issued by the new home state until
 4632  the audiologist or speech-language pathologist provides
 4633  satisfactory evidence of a change in his or her primary state of
 4634  residence to the new home state and satisfies all applicable
 4635  requirements to obtain a license from the new home state.
 4636         (6)If an audiologist or speech-language pathologist
 4637  changes his or her primary state of residence by moving from a
 4638  member state to a nonmember state, the license issued by the
 4639  prior home state shall convert to a single-state license, valid
 4640  only in the former home state.
 4641         (7)Compact privilege is valid until the expiration date of
 4642  the home state license. The licensee must comply with the
 4643  requirements of subsection (1) to maintain compact privilege in
 4644  the remote state.
 4645         (8)A licensee providing audiology or speech-language
 4646  pathology services in a remote state under compact privilege
 4647  shall function within the laws and regulations of the remote
 4648  state.
 4649         (9)A remote state may, in accordance with due process and
 4650  state law, remove a licensee’s compact privilege in the remote
 4651  state for a specific period of time, impose fines, or take any
 4652  other necessary actions to protect the health and safety of its
 4653  residents.
 4654         (10)If a home state license is encumbered, the licensee
 4655  shall lose compact privilege in all remote states until both of
 4656  the following occur:
 4657         (a)The home state license is no longer encumbered.
 4658         (b)Two years have lapsed from the date of the adverse
 4659  action.
 4660         (11)Once an encumbered license in the home state is
 4661  restored to good standing, the licensee must meet the
 4662  requirements of subsection (1) to obtain compact privilege in
 4663  any remote state.
 4664         (12)Once the requirements of subsection (10) have been
 4665  met, the licensee must meet the requirements in subsection (1)
 4666  to obtain compact privilege in a remote state.
 4667  
 4668                              ARTICLE V                            
 4669              COMPACT PRIVILEGE TO PRACTICE TELEHEALTH             
 4670  
 4671         Member states shall recognize the right of an audiologist
 4672  or speech-language pathologist, licensed by a home state in
 4673  accordance with Article III and under rules adopted by the
 4674  commission, to practice audiology or speech-language pathology
 4675  in any member state through the use of telehealth under
 4676  privilege to practice as provided in the compact and rules
 4677  adopted by the commission.
 4678  
 4679                             ARTICLE VI                            
 4680          ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES         
 4681  
 4682         Active duty military personnel, or their spouses, as
 4683  applicable, shall designate a home state where the individual
 4684  has a current license in good standing. The individual may
 4685  retain the home state designation during the period the
 4686  servicemember is on active duty. Subsequent to designating a
 4687  home state, the individual shall change his or her home state
 4688  only through application for licensure in the new state.
 4689  
 4690                             ARTICLE VII                           
 4691                           ADVERSE ACTIONS                         
 4692  
 4693         (1)In addition to the other powers conferred by state law,
 4694  a remote state may:
 4695         (a)Take adverse action against an audiologist’s or speech
 4696  language pathologist’s privilege to practice within that member
 4697  state.
 4698         1.Only the home state has the power to take adverse action
 4699  against an audiologist’s or a speech-language pathologist’s
 4700  license issued by the home state.
 4701         2.For purposes of taking adverse action, the home state
 4702  shall give the same priority and effect to reported conduct
 4703  received from a member state as it would if the conduct had
 4704  occurred within the home state. In so doing, the home state
 4705  shall apply its own state laws to determine appropriate action.
 4706         (b)Issue subpoenas for both hearings and investigations
 4707  that require the attendance and testimony of witnesses as well
 4708  as the production of evidence. Subpoenas issued by a licensing
 4709  board in a member state for the attendance and testimony of
 4710  witnesses or the production of evidence from another member
 4711  state must be enforced in the latter state by any court of
 4712  competent jurisdiction according to the practice and procedure
 4713  of that court applicable to subpoenas issued in proceedings
 4714  pending before it. The issuing authority shall pay any witness
 4715  fees, travel expenses, mileage, and other fees required by the
 4716  service statutes of the state in which the witnesses or evidence
 4717  are located.
 4718         (c)Complete any pending investigations of an audiologist
 4719  or speech-language pathologist who changes his or her primary
 4720  state of residence during the course of the investigations. The
 4721  home state also has the authority to take appropriate actions
 4722  and shall promptly report the conclusions of the investigations
 4723  to the administrator of the data system. The administrator of
 4724  the data system shall promptly notify the new home state of any
 4725  adverse actions.
 4726         (d)If otherwise allowed by state law, recover from the
 4727  affected audiologist or speech-language pathologist the costs of
 4728  investigations and disposition of cases resulting from any
 4729  adverse action taken against that audiologist or speech-language
 4730  pathologist.
 4731         (e)Take adverse action based on the factual findings of
 4732  the remote state, provided that the member state follows the
 4733  member state’s own procedures for taking the adverse action.
 4734         (2)(a)In addition to the authority granted to a member
 4735  state by its respective audiology or speech-language pathology
 4736  practice act or other applicable state law, any member state may
 4737  participate with other member states in joint investigations of
 4738  licensees.
 4739         (b)Member states shall share any investigative,
 4740  litigation, or compliance materials in furtherance of any joint
 4741  or individual investigation initiated under the compact.
 4742         (3)If adverse action is taken by the home state against an
 4743  audiologist’s or a speech language pathologist’s license, the
 4744  audiologist’s or speech-language pathologist’s privilege to
 4745  practice in all other member states shall be deactivated until
 4746  all encumbrances have been removed from the home state license.
 4747  All home state disciplinary orders that impose adverse action
 4748  against an audiologist’s or a speech language pathologist’s
 4749  license must include a statement that the audiologist’s or
 4750  speech-language pathologist’s privilege to practice is
 4751  deactivated in all member states during the pendency of the
 4752  order.
 4753         (4)If a member state takes adverse action, it must
 4754  promptly notify the administrator of the data system. The
 4755  administrator of the data system shall promptly notify the home
 4756  state of any adverse actions by remote states.
 4757         (5)The compact does not override a member state’s decision
 4758  that participation in an alternative program may be used in lieu
 4759  of adverse action.
 4760  
 4761                            ARTICLE VIII                           
 4762                   ESTABLISHMENT OF THE AUDIOLOGY                  
 4763     AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT COMMISSION   
 4764  
 4765         (1)The member states hereby create and establish a joint
 4766  public agency known as the Audiology and Speech-language
 4767  Pathology Interstate Compact Commission.
 4768         (a)The commission is an instrumentality of the compact
 4769  states.
 4770         (b)Venue is proper, and judicial proceedings by or against
 4771  the commission must be brought solely and exclusively in a court
 4772  of competent jurisdiction where the principal office of the
 4773  commission is located. The commission may waive venue and
 4774  jurisdictional defenses to the extent it adopts or consents to
 4775  participate in alternative dispute resolution proceedings.
 4776         (c)The compact does not waive sovereign immunity except to
 4777  the extent sovereign immunity is waived in the member states.
 4778         (2)(a)Each member state must have two delegates selected
 4779  by that member state’s licensing boards. The delegates must be
 4780  current members of the licensing boards. One delegate must be an
 4781  audiologist and one delegate must be a speech-language
 4782  pathologist.
 4783         (b)An additional five delegates, who are either public
 4784  members or board administrators from licensing boards, must be
 4785  chosen by the executive committee from a pool of nominees
 4786  provided by the commission at large.
 4787         (c)A delegate may be removed or suspended from office as
 4788  provided by the state law from which the delegate is appointed.
 4789         (d)The member state board shall fill any vacancy occurring
 4790  on the commission within 90 days after the vacancy occurs.
 4791         (e)Each delegate is entitled to one vote with regard to
 4792  the adoption of rules and creation of bylaws and shall otherwise
 4793  have an opportunity to participate in the business and affairs
 4794  of the commission.
 4795         (f)A delegate shall vote in person or by other means as
 4796  provided in the bylaws. The bylaws may provide for delegates’
 4797  participation in meetings by telephone or other means of
 4798  communication.
 4799         (g)The commission shall meet at least once during each
 4800  calendar year. Additional meetings must be held as provided in
 4801  the bylaws and rules.
 4802         (3)The commission has the following powers and duties:
 4803         (a)Establish the commission’s fiscal year.
 4804         (b)Establish bylaws.
 4805         (c)Establish a code of ethics.
 4806         (d)Maintain its financial records in accordance with the
 4807  bylaws.
 4808         (e)Meet and take actions as are consistent with the
 4809  compact and the bylaws.
 4810         (f)Adopt uniform rules to facilitate and coordinate
 4811  implementation and administration of the compact. The rules have
 4812  the force and effect of law and are binding on all member
 4813  states.
 4814         (g)Bring and prosecute legal proceedings or actions in the
 4815  name of the commission, provided that the standing of an
 4816  audiology licensing board or a speech-language pathology
 4817  licensing board to sue or be sued under applicable law is not
 4818  affected.
 4819         (h)Purchase and maintain insurance and bonds.
 4820         (i)Borrow, accept, or contract for services of personnel,
 4821  including, but not limited to, employees of a member state.
 4822         (j)Hire employees, elect or appoint officers, fix
 4823  compensation, define duties, grant individuals appropriate
 4824  authority to carry out the purposes of the compact, and
 4825  establish the commission’s personnel policies and programs
 4826  relating to conflicts of interest, qualifications of personnel,
 4827  and other related personnel matters.
 4828         (k)Accept any appropriate donations and grants of money,
 4829  equipment, supplies, and materials and services, and receive,
 4830  use, and dispose of the same, provided that at all times the
 4831  commission must avoid any appearance of impropriety or conflict
 4832  of interest.
 4833         (l)Lease, purchase, accept appropriate gifts or donations
 4834  of, or otherwise own, hold, improve, or use any property, real,
 4835  personal, or mixed, provided that at all times the commission
 4836  shall avoid any appearance of impropriety.
 4837         (m)Sell, convey, mortgage, pledge, lease, exchange,
 4838  abandon, or otherwise dispose of any property real, personal, or
 4839  mixed.
 4840         (n)Establish a budget and make expenditures.
 4841         (o)Borrow money.
 4842         (p)Appoint committees, including standing committees,
 4843  composed of members and other interested persons as may be
 4844  designated in the compact and the bylaws.
 4845         (q)Provide and receive information from, and cooperate
 4846  with, law enforcement agencies.
 4847         (r)Establish and elect an executive committee.
 4848         (s)Perform other functions as may be necessary or
 4849  appropriate to achieve the purposes of the compact consistent
 4850  with the state regulation of audiology and speech-language
 4851  pathology licensure and practice.
 4852         (4)The executive committee shall have the power to act on
 4853  behalf of the commission according to the terms of the compact.
 4854         (a)The executive committee must be composed of 10 members
 4855  as follows:
 4856         1.Seven voting members who are elected by the commission
 4857  from the current membership of the commission.
 4858         2.Two ex officio members, consisting of one nonvoting
 4859  member from a recognized national audiology professional
 4860  association and one nonvoting member from a recognized national
 4861  speech-language pathology association.
 4862         3.One ex officio, nonvoting member from the recognized
 4863  membership organization of the audiology and speech-language
 4864  pathology licensing boards.
 4865         (b)The ex officio members must be selected by their
 4866  respective organizations.
 4867         (c)The commission may remove any member of the executive
 4868  committee as provided in the bylaws.
 4869         (d)The executive committee shall meet at least annually.
 4870         (e)The executive committee has the following duties and
 4871  responsibilities:
 4872         1.Recommend to the entire commission changes to the rules
 4873  or bylaws and changes to this compact legislation.
 4874         2.Ensure compact administration services are appropriately
 4875  provided, contractual or otherwise.
 4876         3.Prepare and recommend the budget.
 4877         4.Maintain financial records on behalf of the commission.
 4878         5.Monitor compact compliance of member states and provide
 4879  compliance reports to the commission.
 4880         6.Establish additional committees as necessary.
 4881         7.Other duties as provided by rule or bylaw.
 4882         (f)All meetings must be open to the public, and public
 4883  notice of meetings must be given in the same manner as required
 4884  under the rulemaking provisions in Article X.
 4885         (g)If a meeting or any portion of a meeting is closed
 4886  under this subsection, the commission’s legal counsel or
 4887  designee must certify that the meeting may be closed and must
 4888  reference each relevant exempting provision.
 4889         (h)The commission shall keep minutes that fully and
 4890  clearly describe all matters discussed in a meeting and shall
 4891  provide a full and accurate summary of actions taken, and the
 4892  reasons therefore, including a description of the views
 4893  expressed. All documents considered in connection with an action
 4894  must be identified in minutes. All minutes and documents of a
 4895  closed meeting must remain under seal, subject to release by a
 4896  majority vote of the commission or order of a court of competent
 4897  jurisdiction.
 4898         (5)Relating to the financing of the commission, the
 4899  commission:
 4900         (a)Shall pay, or provide for the payment of, the
 4901  reasonable expenses of its establishment, organization, and
 4902  ongoing activities.
 4903         (b)May accept any and all appropriate revenue sources,
 4904  donations, and grants of money, equipment, supplies, materials,
 4905  and services.
 4906         (c)May not incur obligations of any kind before securing
 4907  the funds adequate to meet the same and may not pledge the
 4908  credit of any of the member states, except by and with the
 4909  authority of the member state.
 4910         (d)Shall keep accurate accounts of all receipts and
 4911  disbursements of funds. The receipts and disbursements of funds
 4912  of the commission are subject to the audit and accounting
 4913  procedures established under its bylaws. However, all receipts
 4914  and disbursements of funds handled by the commission must be
 4915  audited yearly by a certified or licensed public accountant, and
 4916  the report of the audit must be included in and become part of
 4917  the annual report of the commission.
 4918         (6)Relating to qualified immunity, defense, and
 4919  indemnification:
 4920         (a)The members, officers, executive director, employees,
 4921  and representatives of the commission are immune from suit and
 4922  liability, either personally or in their official capacity, for
 4923  any claim for damage to or loss of property or personal injury
 4924  or other civil liability caused by or arising out of any actual
 4925  or alleged act, error, or omission that occurred, or that the
 4926  person against whom the claim is made had a reasonable basis for
 4927  believing occurred, within the scope of commission employment,
 4928  duties, or responsibilities; provided that this paragraph may
 4929  not be construed to protect any person from suit or liability
 4930  for any damage, loss, injury, or liability caused by the
 4931  intentional or willful or wanton misconduct of that person.
 4932         (b)The commission shall defend any member, officer,
 4933  executive director, employee, or representative of the
 4934  commission in any civil action seeking to impose liability
 4935  arising out of any actual or alleged act, error, or omission
 4936  that occurred within the scope of commission employment, duties,
 4937  or responsibilities, or that the person against whom the claim
 4938  is made had a reasonable basis for believing occurred within the
 4939  scope of commission employment, duties, or responsibilities;
 4940  provided that this paragraph may not be construed to prohibit
 4941  that person from retaining his or her own counsel; and provided
 4942  further that the actual or alleged act, error, or omission did
 4943  not result from that person’s intentional or willful or wanton
 4944  misconduct.
 4945         (c)The commission shall indemnify and hold harmless any
 4946  member, officer, executive director, employee, or representative
 4947  of the commission for the amount of any settlement or judgment
 4948  obtained against that person arising out of any actual or
 4949  alleged act, error, or omission that occurred within the scope
 4950  of commission employment, duties, or responsibilities, or that
 4951  the person had a reasonable basis for believing occurred within
 4952  the scope of commission employment, duties, or responsibilities,
 4953  provided that the actual or alleged act, error, or omission did
 4954  not result from the intentional or willful or wanton misconduct
 4955  of that person.
 4956  
 4957                             ARTICLE IX                            
 4958                             DATA SYSTEM                           
 4959  
 4960         (1)The commission shall provide for the development,
 4961  maintenance, and use of a coordinated database and reporting
 4962  system containing licensure, adverse action, and current
 4963  significant investigative information on all licensed
 4964  individuals in member states.
 4965         (2)Notwithstanding any other law to the contrary, a member
 4966  state shall submit a uniform data set to the data system on all
 4967  individuals to whom the compact is applicable as required by the
 4968  rules of the commission, including all of the following
 4969  information:
 4970         (a)Identifying information.
 4971         (b)Licensure data.
 4972         (c)Adverse actions against a license or compact privilege.
 4973         (d)Nonconfidential information related to alternative
 4974  program participation.
 4975         (e)Any denial of application for licensure, and the reason
 4976  for such denial.
 4977         (f)Other information that may facilitate the
 4978  administration of the compact, as determined by the rules of the
 4979  commission.
 4980         (3)Current significant investigative information
 4981  pertaining to a licensee in a member state must be available
 4982  only to other member states.
 4983         (4)The commission shall promptly notify all member states
 4984  of any adverse action taken against a licensee or an individual
 4985  applying for a license. Adverse action information pertaining to
 4986  a licensee or an individual applying for a license in any member
 4987  state must be available to any other member state.
 4988         (5)Member states contributing information to the data
 4989  system may designate information that may not be shared with the
 4990  public without the express permission of the contributing state.
 4991         (6)Any information submitted to the data system that is
 4992  subsequently required to be expunged by the laws of the member
 4993  state contributing the information must be removed from the data
 4994  system.
 4995  
 4996                              ARTICLE X                            
 4997                             RULEMAKING                            
 4998  
 4999         (1)The commission shall exercise its rulemaking powers
 5000  pursuant to the criteria provided in this article and the rules
 5001  adopted thereunder. Rules and amendments become binding as of
 5002  the date specified in each rule or amendment.
 5003         (2)If a majority of the legislatures of the member states
 5004  rejects a rule by enactment of a statute or resolution in the
 5005  same manner used to adopt the compact within 4 years after the
 5006  date of adoption of the rule, the rule has no further force and
 5007  effect in any member state.
 5008         (3)Rules or amendments to the rules must be adopted at a
 5009  regular or special meeting of the commission.
 5010         (4)Before adoption of a final rule or rules by the
 5011  commission, and at least 30 days before the meeting at which the
 5012  rule shall be considered and voted upon, the commission shall
 5013  file a notice of proposed rulemaking:
 5014         (a)On the website of the commission or other publicly
 5015  accessible platform; and
 5016         (b)On the website of each member state audiology licensing
 5017  board and speech-language pathology licensing board or other
 5018  publicly accessible platform or the publication where each state
 5019  would otherwise publish proposed rules.
 5020         (5)The notice of proposed rulemaking must include all of
 5021  the following:
 5022         (a)The proposed time, date, and location of the meeting in
 5023  which the rule will be considered and voted upon.
 5024         (b)The text of and reason for the proposed rule or
 5025  amendment.
 5026         (c)A request for comments on the proposed rule from any
 5027  interested person.
 5028         (d)The manner in which interested persons may submit
 5029  notice to the commission of their intention to attend the public
 5030  hearing and any written comments.
 5031         (6)Before the adoption of a proposed rule, the commission
 5032  shall allow persons to submit written data, facts, opinions, and
 5033  arguments, which shall be made available to the public.
 5034         (a)The commission shall grant an opportunity for a public
 5035  hearing before it adopts a rule or amendment if a hearing is
 5036  requested by:
 5037         1.At least 25 persons;
 5038         2.A state or federal governmental subdivision or agency;
 5039  or
 5040         3.An association having at least 25 members.
 5041         (b)If a hearing is held on the proposed rule or amendment,
 5042  the commission must publish the place, time, and date of the
 5043  scheduled public hearing. If the hearing is held via electronic
 5044  means, the commission must publish the mechanism for access to
 5045  the electronic hearing.
 5046         (c)All persons wishing to be heard at the hearing shall
 5047  notify the executive director of the commission or other
 5048  designated member in writing of their desire to appear and
 5049  testify at the hearing not less than 5 business days before the
 5050  scheduled date of the hearing.
 5051         (d)Hearings must be conducted in a manner providing each
 5052  person who wishes to comment a fair and reasonable opportunity
 5053  to comment orally or in writing.
 5054         (e)All hearings must be recorded. A copy of the recording
 5055  must be made available on request.
 5056         (7)This article does not require a separate hearing on
 5057  each rule. Rules may be grouped for the convenience of the
 5058  commission at hearings required by this article.
 5059         (8)Following the scheduled hearing date, or by the close
 5060  of business on the scheduled hearing date if the hearing was not
 5061  held, the commission shall consider all written and oral
 5062  comments received.
 5063         (9)If no written notice of intent to attend the public
 5064  hearing by interested parties is received, the commission may
 5065  proceed with adoption of the proposed rule without a public
 5066  hearing.
 5067         (10)The commission shall, by majority vote of all members,
 5068  take final action on the proposed rule and shall determine the
 5069  effective date of the rule, if any, based on the rulemaking
 5070  record and the full text of the rule.
 5071         (11)Upon determination that an emergency exists, the
 5072  commission may consider and adopt an emergency rule without
 5073  prior notice, opportunity for comment, or hearing, provided that
 5074  the usual rulemaking procedures provided in the compact and in
 5075  this article retroactively apply to the rule as soon as
 5076  reasonably possible, but in no event later than 90 days after
 5077  the effective date of the rule. For purposes of this subsection,
 5078  an emergency rule is one that must be adopted immediately in
 5079  order to:
 5080         (a)Meet an imminent threat to public health, safety, or
 5081  welfare;
 5082         (b)Prevent a loss of commission or member state funds; or
 5083         (c)Meet a deadline for the promulgation of an
 5084  administrative rule that is established by federal law or rule.
 5085         (12)The commission or an authorized committee of the
 5086  commission may direct revisions to a previously adopted rule or
 5087  amendment for purposes of correcting typographical errors,
 5088  errors in format, errors in consistency, or grammatical errors.
 5089  Public notice of any revisions must be posted on the website of
 5090  the commission. The revisions are subject to challenge by any
 5091  person for a period of 30 days after posting. A revision may be
 5092  challenged only on grounds that it results in a material change
 5093  to a rule. A challenge must be made in writing and delivered to
 5094  the chair of the commission before the end of the notice period.
 5095  If no challenge is made, the revision takes effect without
 5096  further action. If the revision is challenged, the revision may
 5097  not take effect without the approval of the commission.
 5098  
 5099                             ARTICLE XI                            
 5100                         DISPUTE RESOLUTION                        
 5101                           AND ENFORCEMENT                         
 5102  
 5103         (1)(a)Upon request by a member state, the commission shall
 5104  attempt to resolve disputes related to the compact which arise
 5105  among member states and between member and nonmember states.
 5106         (b)The commission shall adopt a rule providing for both
 5107  mediation and binding dispute resolution for disputes as
 5108  appropriate.
 5109         (2)(a)The commission, in the reasonable exercise of its
 5110  discretion, shall enforce the compact.
 5111         (b)By majority vote, the commission may initiate legal
 5112  action in the United States District Court for the District of
 5113  Columbia or the federal district where the commission has its
 5114  principal offices against a member state in default to enforce
 5115  compliance with the compact and its adopted rules and bylaws.
 5116  The relief sought may include both injunctive relief and
 5117  damages. In the event judicial enforcement is necessary, the
 5118  prevailing member must be awarded all costs of litigation,
 5119  including reasonable attorney fees.
 5120         (c)The remedies provided in this subsection are not the
 5121  exclusive remedies of the commission. The commission may pursue
 5122  any other remedies available under federal or state law.
 5123  
 5124                             ARTICLE XII                           
 5125              EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT            
 5126  
 5127         (1)The compact becomes effective and binding on the date
 5128  of legislative enactment of the compact by no fewer than 10
 5129  member states. The provisions, which become effective at that
 5130  time, shall be limited to the powers granted to the commission
 5131  relating to assembly and the adoption of rules. Thereafter, the
 5132  commission shall meet and exercise rulemaking powers as
 5133  necessary to implement and administer the compact.
 5134         (2)Any state that joins the compact subsequent to the
 5135  commission’s initial adoption of the rules is subject to the
 5136  rules as they exist on the date on which the compact becomes law
 5137  in that state. Any rule that has been previously adopted by the
 5138  commission has the full force and effect of law on the day the
 5139  compact becomes law in that state.
 5140         (3)A member state may withdraw from the compact by
 5141  enacting a statute repealing the compact.
 5142         (a)A member state’s withdrawal does not take effect until
 5143  6 months after enactment of the repealing statute.
 5144         (b)Withdrawal does not affect the continuing requirement
 5145  of the withdrawing state’s audiology licensing board or speech
 5146  language pathology licensing board to comply with the
 5147  investigative and adverse action reporting requirements of the
 5148  compact before the effective date of withdrawal.
 5149         (4)The compact does not invalidate or prevent any
 5150  audiology or speech-language pathology licensure agreement or
 5151  other cooperative arrangement between a member state and a
 5152  nonmember state which does not conflict with the compact.
 5153         (5)The compact may be amended by the member states. An
 5154  amendment to the compact does not become effective and binding
 5155  upon any member state until it is enacted into the laws of all
 5156  member states.
 5157  
 5158                            ARTICLE XIII                           
 5159                    CONSTRUCTION AND SEVERABILITY                  
 5160  
 5161         The compact must be liberally construed so as to effectuate
 5162  its purposes. The provisions of the compact are severable and if
 5163  any phrase, clause, sentence, or provision of the compact is
 5164  declared to be contrary to the constitution of any member state
 5165  or of the United States or the applicability thereof to any
 5166  government, agency, person, or circumstance is held invalid, the
 5167  validity of the remainder of the compact and the applicability
 5168  thereof to any government, agency, person, or circumstance is
 5169  not be affected. If the compact is held contrary to the
 5170  constitution of any member state, it shall remain in full force
 5171  and effect as to the remaining member states and in full force
 5172  and effect as to the member state affected as to all severable
 5173  matters.
 5174  
 5175                             ARTICLE XIV                           
 5176              BINDING EFFECT OF COMPACT AND OTHER LAWS             
 5177  
 5178         (1)This compact does not prevent the enforcement of any
 5179  other law of a member state which is not inconsistent with the
 5180  compact.
 5181         (2)All laws of a member state in conflict with the compact
 5182  are superseded to the extent of the conflict.
 5183         (3)All lawful actions of the commission, including all
 5184  rules and bylaws adopted by the commission, are binding upon the
 5185  member states.
 5186         (4)All agreements between the commission and the member
 5187  states are binding in accordance with their terms.
 5188         (5)In the event any provision of the compact exceeds the
 5189  constitutional limits imposed on the legislature of any member
 5190  state, the provision is ineffective to the extent of the
 5191  conflict with the constitutional provision in question in that
 5192  member state.
 5193         Section 59. Subsection (10) of section 456.073, Florida
 5194  Statutes, is amended to read:
 5195         456.073 Disciplinary proceedings.—Disciplinary proceedings
 5196  for each board shall be within the jurisdiction of the
 5197  department.
 5198         (10)(a) The complaint and all information obtained pursuant
 5199  to the investigation by the department are confidential and
 5200  exempt from s. 119.07(1) until 10 days after probable cause has
 5201  been found to exist by the probable cause panel or by the
 5202  department, or until the regulated professional or subject of
 5203  the investigation waives his or her privilege of
 5204  confidentiality, whichever occurs first.
 5205         (b) The department shall report any significant
 5206  investigation information relating to a nurse holding a
 5207  multistate license to the coordinated licensure information
 5208  system pursuant to s. 464.0095; any investigative information
 5209  relating to an audiologist or a speech-language pathologist
 5210  holding a compact privilege under the Audiology and Speech
 5211  Language Pathology Interstate Compact to the data system
 5212  pursuant to s. 468.1335; any significant investigatory
 5213  information relating to a psychologist practicing under the
 5214  Psychology Interjurisdictional Compact to the coordinated
 5215  licensure information system pursuant to s. 490.0075;, and any
 5216  significant investigatory information relating to a health care
 5217  practitioner practicing under the Professional Counselors
 5218  Licensure Compact to the data system pursuant to s. 491.017, and
 5219  any significant investigatory information relating to a
 5220  psychologist practicing under the Psychology Interjurisdictional
 5221  Compact to the coordinated licensure information system pursuant
 5222  to s. 490.0075.
 5223         (c) Upon completion of the investigation and a
 5224  recommendation by the department to find probable cause, and
 5225  pursuant to a written request by the subject or the subject’s
 5226  attorney, the department shall provide the subject an
 5227  opportunity to inspect the investigative file or, at the
 5228  subject’s expense, forward to the subject a copy of the
 5229  investigative file. Notwithstanding s. 456.057, the subject may
 5230  inspect or receive a copy of any expert witness report or
 5231  patient record connected with the investigation if the subject
 5232  agrees in writing to maintain the confidentiality of any
 5233  information received under this subsection until 10 days after
 5234  probable cause is found and to maintain the confidentiality of
 5235  patient records pursuant to s. 456.057. The subject may file a
 5236  written response to the information contained in the
 5237  investigative file. Such response must be filed within 20 days
 5238  of mailing by the department, unless an extension of time has
 5239  been granted by the department.
 5240         (d) This subsection does not prohibit the department from
 5241  providing the complaint and any information obtained pursuant to
 5242  the department’s investigation such information to any law
 5243  enforcement agency or to any other regulatory agency.
 5244         Section 60. Subsection (5) of section 456.076, Florida
 5245  Statutes, is amended to read:
 5246         456.076 Impaired practitioner programs.—
 5247         (5) A consultant shall enter into a participant contract
 5248  with an impaired practitioner and shall establish the terms of
 5249  monitoring and shall include the terms in a participant
 5250  contract. In establishing the terms of monitoring, the
 5251  consultant may consider the recommendations of one or more
 5252  approved evaluators, treatment programs, or treatment providers.
 5253  A consultant may modify the terms of monitoring if the
 5254  consultant concludes, through the course of monitoring, that
 5255  extended, additional, or amended terms of monitoring are
 5256  required for the protection of the health, safety, and welfare
 5257  of the public. If the impaired practitioner is an audiologist or
 5258  a speech-language pathologist practicing under the Audiology and
 5259  Speech-Language Pathology Interstate Compact pursuant to s.
 5260  468.1335, a psychologist practicing under the Psychology
 5261  Interjurisdictional Compact pursuant to s. 490.0075, or a health
 5262  care practitioner practicing under the Professional Counselors
 5263  Licensure Compact pursuant to s. 491.017, the terms of the
 5264  monitoring contract must include the impaired practitioner’s
 5265  withdrawal from all practice under the compact unless authorized
 5266  by a member state. If the impaired practitioner is a
 5267  psychologist practicing under the Psychology Interjurisdictional
 5268  Compact pursuant to s. 490.0075, the terms of the monitoring
 5269  contract must include the impaired practitioner’s withdrawal
 5270  from all practice under the compact.
 5271         Section 61. Present subsections (4), (5), and (6) of
 5272  section 468.1135, Florida Statutes, are redesignated as
 5273  subsections (5), (6), and (7), respectively, and a new
 5274  subsection (4) is added to that section, to read:
 5275         468.1135 Board of Speech-Language Pathology and Audiology.—
 5276         (4) The board shall appoint two of its members to serve as
 5277  the state’s delegates on the Speech-Language Pathology
 5278  Interstate Compact Commission, as required under s. 468.1335,
 5279  one of whom must be an audiologist and one of whom must be a
 5280  speech-language pathologist.
 5281         Section 62. Subsection (6) is added to section 468.1185,
 5282  Florida Statutes, to read:
 5283         468.1185 Licensure.—
 5284         (6) A person licensed as an audiologist or a speech
 5285  language pathologist in another state who is practicing under
 5286  the Audiology and Speech-Language Pathology Interstate Compact
 5287  pursuant to s. 468.1335, and only within the scope provided
 5288  therein, is exempt from the licensure requirements of this
 5289  section.
 5290         Section 63. Subsections (1) and (2) of section 468.1295,
 5291  Florida Statutes, are amended to read:
 5292         468.1295 Disciplinary proceedings.—
 5293         (1) The following acts constitute grounds for denial of a
 5294  license or disciplinary action, as specified in s. 456.072(2) or
 5295  s. 468.1335:
 5296         (a) Procuring, or attempting to procure, a license by
 5297  bribery, by fraudulent misrepresentation, or through an error of
 5298  the department or the board.
 5299         (b) Having a license revoked, suspended, or otherwise acted
 5300  against, including denial of licensure, by the licensing
 5301  authority of another state, territory, or country.
 5302         (c) Being convicted or found guilty of, or entering a plea
 5303  of nolo contendere to, regardless of adjudication, a crime in
 5304  any jurisdiction which directly relates to the practice of
 5305  speech-language pathology or audiology.
 5306         (d) Making or filing a report or record which the licensee
 5307  knows to be false, intentionally or negligently failing to file
 5308  a report or records required by state or federal law, willfully
 5309  impeding or obstructing such filing, or inducing another person
 5310  to impede or obstruct such filing. Such report or record shall
 5311  include only those reports or records which are signed in one’s
 5312  capacity as a licensed speech-language pathologist or
 5313  audiologist.
 5314         (e) Advertising goods or services in a manner which is
 5315  fraudulent, false, deceptive, or misleading in form or content.
 5316         (f) Being proven guilty of fraud or deceit or of
 5317  negligence, incompetency, or misconduct in the practice of
 5318  speech-language pathology or audiology.
 5319         (g) Violating a lawful order of the board or department
 5320  previously entered in a disciplinary hearing, or failing to
 5321  comply with a lawfully issued subpoena of the board or
 5322  department.
 5323         (h) Practicing with a revoked, suspended, inactive, or
 5324  delinquent license.
 5325         (i) Using, or causing or promoting the use of, any
 5326  advertising matter, promotional literature, testimonial,
 5327  guarantee, warranty, label, brand, insignia, or other
 5328  representation, however disseminated or published, which is
 5329  misleading, deceiving, or untruthful.
 5330         (j) Showing or demonstrating or, in the event of sale,
 5331  delivery of a product unusable or impractical for the purpose
 5332  represented or implied by such action.
 5333         (k) Failing to submit to the board on an annual basis, or
 5334  such other basis as may be provided by rule, certification of
 5335  testing and calibration of such equipment as designated by the
 5336  board and on the form approved by the board.
 5337         (l) Aiding, assisting, procuring, employing, or advising
 5338  any licensee or business entity to practice speech-language
 5339  pathology or audiology contrary to this part, chapter 456, or
 5340  any rule adopted pursuant thereto.
 5341         (m) Misrepresenting the professional services available in
 5342  the fitting, sale, adjustment, service, or repair of a hearing
 5343  aid, or using any other term or title which might connote the
 5344  availability of professional services when such use is not
 5345  accurate.
 5346         (n) Representing, advertising, or implying that a hearing
 5347  aid or its repair is guaranteed without providing full
 5348  disclosure of the identity of the guarantor; the nature, extent,
 5349  and duration of the guarantee; and the existence of conditions
 5350  or limitations imposed upon the guarantee.
 5351         (o) Representing, directly or by implication, that a
 5352  hearing aid utilizing bone conduction has certain specified
 5353  features, such as the absence of anything in the ear or leading
 5354  to the ear, or the like, without disclosing clearly and
 5355  conspicuously that the instrument operates on the bone
 5356  conduction principle and that in many cases of hearing loss this
 5357  type of instrument may not be suitable.
 5358         (p) Stating or implying that the use of any hearing aid
 5359  will improve or preserve hearing or prevent or retard the
 5360  progression of a hearing impairment or that it will have any
 5361  similar or opposite effect.
 5362         (q) Making any statement regarding the cure of the cause of
 5363  a hearing impairment by the use of a hearing aid.
 5364         (r) Representing or implying that a hearing aid is or will
 5365  be “custom-made,” “made to order,” or “prescription-made,” or in
 5366  any other sense specially fabricated for an individual, when
 5367  such is not the case.
 5368         (s) Canvassing from house to house or by telephone, either
 5369  in person or by an agent, for the purpose of selling a hearing
 5370  aid, except that contacting persons who have evidenced an
 5371  interest in hearing aids, or have been referred as in need of
 5372  hearing aids, shall not be considered canvassing.
 5373         (t) Failing to notify the department in writing of a change
 5374  in current mailing and place-of-practice address within 30 days
 5375  after such change.
 5376         (u) Failing to provide all information as described in ss.
 5377  468.1225(5)(b), 468.1245(1), and 468.1246.
 5378         (v) Exercising influence on a client in such a manner as to
 5379  exploit the client for financial gain of the licensee or of a
 5380  third party.
 5381         (w) Practicing or offering to practice beyond the scope
 5382  permitted by law or accepting and performing professional
 5383  responsibilities the licensee or certificateholder knows, or has
 5384  reason to know, the licensee or certificateholder is not
 5385  competent to perform.
 5386         (x) Aiding, assisting, procuring, or employing any
 5387  unlicensed person to practice speech-language pathology or
 5388  audiology.
 5389         (y) Delegating or contracting for the performance of
 5390  professional responsibilities by a person when the licensee
 5391  delegating or contracting for performance of such
 5392  responsibilities knows, or has reason to know, such person is
 5393  not qualified by training, experience, and authorization to
 5394  perform them.
 5395         (z) Committing any act upon a patient or client which would
 5396  constitute sexual battery or which would constitute sexual
 5397  misconduct as defined pursuant to s. 468.1296.
 5398         (aa) Being unable to practice the profession for which he
 5399  or she is licensed or certified under this chapter with
 5400  reasonable skill or competence as a result of any mental or
 5401  physical condition or by reason of illness, drunkenness, or use
 5402  of drugs, narcotics, chemicals, or any other substance. In
 5403  enforcing this paragraph, upon a finding by the State Surgeon
 5404  General, his or her designee, or the board that probable cause
 5405  exists to believe that the licensee or certificateholder is
 5406  unable to practice the profession because of the reasons stated
 5407  in this paragraph, the department shall have the authority to
 5408  compel a licensee or certificateholder to submit to a mental or
 5409  physical examination by a physician, psychologist, clinical
 5410  social worker, marriage and family therapist, or mental health
 5411  counselor designated by the department or board. If the licensee
 5412  or certificateholder refuses to comply with the department’s
 5413  order directing the examination, such order may be enforced by
 5414  filing a petition for enforcement in the circuit court in the
 5415  circuit in which the licensee or certificateholder resides or
 5416  does business. The department shall be entitled to the summary
 5417  procedure provided in s. 51.011. A licensee or certificateholder
 5418  affected under this paragraph shall at reasonable intervals be
 5419  afforded an opportunity to demonstrate that he or she can resume
 5420  the competent practice for which he or she is licensed or
 5421  certified with reasonable skill and safety to patients.
 5422         (bb) Violating any provision of this chapter or chapter
 5423  456, or any rules adopted pursuant thereto.
 5424         (2)(a) The board may enter an order denying licensure or
 5425  imposing any of the penalties in s. 456.072(2) against any
 5426  applicant for licensure or licensee who is found guilty of
 5427  violating any provision of subsection (1) of this section or who
 5428  is found guilty of violating any provision of s. 456.072(1).
 5429         (b)The board may take adverse action against an
 5430  audiologist’s or a speech-language pathologist’s compact
 5431  privilege under the Audiology and Speech-Language Pathology
 5432  Interstate Compact pursuant to s. 468.1335 and may impose any of
 5433  the penalties in s. 456.072(2), if an audiologist or a speech
 5434  language pathologist commits an act specified in subsection (1)
 5435  or s. 456.072(1).
 5436         Section 64. Paragraph (j) is added to subsection (10) of
 5437  section 768.28, Florida Statutes, to read:
 5438         768.28 Waiver of sovereign immunity in tort actions;
 5439  recovery limits; civil liability for damages caused during a
 5440  riot; limitation on attorney fees; statute of limitations;
 5441  exclusions; indemnification; risk management programs.—
 5442         (10)
 5443         (j) For purposes of this section, the individuals appointed
 5444  under s. 468.1135(4) as the state’s delegates on the Audiology
 5445  and Speech-Language Pathology Interstate Compact Commission,
 5446  when serving in that capacity pursuant to s. 468.1335, and any
 5447  administrator, officer, executive director, employee, or
 5448  representative of the commission, when acting within the scope
 5449  of his or her employment, duties, or responsibilities in this
 5450  state, is considered an agent of the state. The commission shall
 5451  pay any claims or judgments pursuant to this section and may
 5452  maintain insurance coverage to pay any such claims or judgments.
 5453         Section 65. Section 486.112, Florida Statutes, is created
 5454  to read:
 5455         486.112 Physical Therapy Licensure Compact.—The Physical
 5456  Therapy Licensure Compact is hereby enacted into law and entered
 5457  into by this state with all other jurisdictions legally joining
 5458  therein in the form substantially as follows:
 5459  
 5460                              ARTICLE I                            
 5461                       PURPOSE AND OBJECTIVES                      
 5462         (1)The purpose of the compact is to facilitate interstate
 5463  practice of physical therapy with the goal of improving public
 5464  access to physical therapy services. The compact preserves the
 5465  regulatory authority of member states to protect public health
 5466  and safety through their current systems of state licensure. For
 5467  purposes of state regulation under the compact, the practice of
 5468  physical therapy is deemed to have occurred in the state where
 5469  the patient is located at the time physical therapy is provided
 5470  to the patient.
 5471         (2)The compact is designed to achieve all of the following
 5472  objectives:
 5473         (a)Increase public access to physical therapy services by
 5474  providing for the mutual recognition of other member state
 5475  licenses.
 5476         (b)Enhance the states’ ability to protect the public’s
 5477  health and safety.
 5478         (c)Encourage the cooperation of member states in
 5479  regulating multistate physical therapy practice.
 5480         (d)Support spouses of relocating military members.
 5481         (e)Enhance the exchange of licensure, investigative, and
 5482  disciplinary information between member states.
 5483         (f)Allow a remote state to hold a provider of services
 5484  with a compact privilege in that state accountable to that
 5485  state’s practice standards.
 5486  
 5487                             ARTICLE II                            
 5488                             DEFINITIONS                           
 5489         As used in the compact, and except as otherwise provided,
 5490  the term:
 5491         (1)“Active duty military” means full-time duty status in
 5492  the active uniformed service of the United States, including
 5493  members of the National Guard and Reserve on active duty orders
 5494  pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
 5495         (2)“Adverse action” means disciplinary action taken by a
 5496  physical therapy licensing board based upon misconduct,
 5497  unacceptable performance, or a combination of both.
 5498         (3)“Alternative program” means a nondisciplinary
 5499  monitoring or practice remediation process approved by a state’s
 5500  physical therapy licensing board. The term includes, but is not
 5501  limited to, programs that address substance abuse issues.
 5502         (4)“Compact privilege” means the authorization granted by
 5503  a remote state to allow a licensee from another member state to
 5504  practice as a physical therapist or physical therapist assistant
 5505  in the remote state under its laws and rules.
 5506         (5)“Continuing competence” means a requirement, as a
 5507  condition of license renewal, to provide evidence of
 5508  participation in, and completion of, educational and
 5509  professional activities relevant to the practice of physical
 5510  therapy.
 5511         (6)Data system” means the coordinated database and
 5512  reporting system created by the Physical Therapy Compact
 5513  Commission for the exchange of information between member states
 5514  relating to licensees or applicants under the compact, including
 5515  identifying information, licensure data, investigative
 5516  information, adverse actions, nonconfidential information
 5517  related to alternative program participation, any denials of
 5518  applications for licensure, and other information as specified
 5519  by commission rule.
 5520         (7)“Encumbered license” means a license that a physical
 5521  therapy licensing board has limited in any way.
 5522         (8)“Executive board” means a group of directors elected or
 5523  appointed to act on behalf of, and within the powers granted to
 5524  them by, the commission.
 5525         (9)“Home state” means the member state that is the
 5526  licensee’s primary state of residence.
 5527         (10)“Investigative information” means information,
 5528  records, and documents received or generated by a physical
 5529  therapy licensing board pursuant to an investigation.
 5530         (11)“Jurisprudence requirement” means the assessment of an
 5531  individual’s knowledge of the laws and rules governing the
 5532  practice of physical therapy in a specific state.
 5533         (12)“Licensee” means an individual who currently holds an
 5534  authorization from a state to practice as a physical therapist
 5535  or physical therapist assistant.
 5536         (13)“Member state” means a state that has enacted the
 5537  compact.
 5538         (14)“Physical therapist” means an individual licensed by a
 5539  state to practice physical therapy.
 5540         (15)“Physical therapist assistant” means an individual
 5541  licensed by a state to assist a physical therapist in specified
 5542  areas of physical therapy.
 5543         (16)“Physical therapyor “the practice of physical
 5544  therapy” means the care and services provided by or under the
 5545  direction and supervision of a licensed physical therapist.
 5546         (17)“Physical Therapy Compact Commission” or “commission”
 5547  means the national administrative body whose membership consists
 5548  of all states that have enacted the compact.
 5549         (18)“Physical therapy licensing board” means the agency of
 5550  a state which is responsible for the licensing and regulation of
 5551  physical therapists and physical therapist assistants.
 5552         (19)“Remote state” means a member state other than the
 5553  home state where a licensee is exercising or seeking to exercise
 5554  the compact privilege.
 5555         (20)“Rule” means a regulation, principle, or directive
 5556  adopted by the commission which has the force of law.
 5557         (21)“State” means any state, commonwealth, district, or
 5558  territory of the United States of America which regulates the
 5559  practice of physical therapy.
 5560  
 5561                             ARTICLE III                           
 5562                 STATE PARTICIPATION IN THE COMPACT                
 5563         (1)To participate in the compact, a state must do all of
 5564  the following:
 5565         (a)Participate fully in the commission’s data system,
 5566  including using the commission’s unique identifier, as defined
 5567  by commission rule.
 5568         (b)Have a mechanism in place for receiving and
 5569  investigating complaints about licensees.
 5570         (c)Notify the commission, in accordance with the terms of
 5571  the compact and rules, of any adverse action or the availability
 5572  of investigative information regarding a licensee.
 5573         (d)Fully implement a criminal background check
 5574  requirement, within a timeframe established by commission rule,
 5575  which uses results from the Federal Bureau of Investigation
 5576  record search on criminal background checks to make licensure
 5577  decisions in accordance with subsection (2).
 5578         (e)Comply with the commission’s rules.
 5579         (f)Use a recognized national examination as a requirement
 5580  for licensure pursuant to the commission’s rules.
 5581         (g)Have continuing competence requirements as a condition
 5582  for license renewal.
 5583         (2)Upon adoption of the compact, a member state has the
 5584  authority to obtain biometric-based information from each
 5585  licensee applying for a compact privilege and submit this
 5586  information to the Federal Bureau of Investigation for a
 5587  criminal background check in accordance with 28 U.S.C. s. 534
 5588  and 34 U.S.C. s. 40316.
 5589         (3)A member state must grant the compact privilege to a
 5590  licensee holding a valid unencumbered license in another member
 5591  state in accordance with the terms of the compact and rules.
 5592  
 5593                             ARTICLE IV                            
 5594                          COMPACT PRIVILEGE                        
 5595         (1)To exercise the compact privilege under the compact, a
 5596  licensee must satisfy all of the following conditions:
 5597         (a)Hold a license in the home state.
 5598         (b)Not have an encumbrance on any state license.
 5599         (c)Be eligible for a compact privilege in all member
 5600  states in accordance with subsections (4), (7), and (8).
 5601         (d)Not have had an adverse action against any license or
 5602  compact privilege within the preceding 2 years.
 5603         (e)Notify the commission that the licensee is seeking the
 5604  compact privilege within a remote state.
 5605         (f)Meet any jurisprudence requirements established by the
 5606  remote state in which the licensee is seeking a compact
 5607  privilege.
 5608         (g)Report to the commission adverse action taken by any
 5609  nonmember state within 30 days after the date the adverse action
 5610  is taken.
 5611         (2)The compact privilege is valid until the expiration
 5612  date of the home license. The licensee must continue to meet the
 5613  requirements of subsection (1) to maintain the compact privilege
 5614  in a remote state.
 5615         (3)A licensee providing physical therapy in a remote state
 5616  under the compact privilege must comply with the laws and rules
 5617  of the remote state.
 5618         (4)A licensee providing physical therapy in a remote state
 5619  is subject to that state’s regulatory authority. A remote state
 5620  may, in accordance with due process and that state’s laws,
 5621  remove a licensee’s compact privilege in the remote state for a
 5622  specific period of time, impose fines, and take any other
 5623  necessary actions to protect the health and safety of its
 5624  citizens. The licensee is not eligible for a compact privilege
 5625  in any member state until the specific period of time for
 5626  removal has ended and all fines are paid.
 5627         (5)If a home state license is encumbered, the licensee
 5628  loses the compact privilege in any remote state until the
 5629  following conditions are met:
 5630         (a)The home state license is no longer encumbered.
 5631         (b)Two years have elapsed from the date of the adverse
 5632  action.
 5633         (6)Once an encumbered license in the home state is
 5634  restored to good standing, the licensee must meet the
 5635  requirements of subsection (1) to obtain a compact privilege in
 5636  any remote state.
 5637         (7)If a licensee’s compact privilege in any remote state
 5638  is removed, the licensee loses the compact privilege in all
 5639  remote states until all of the following conditions are met:
 5640         (a)The specific period of time for which the compact
 5641  privilege was removed has ended.
 5642         (b)All fines have been paid.
 5643         (c)Two years have elapsed from the date of the adverse
 5644  action.
 5645         (8)Once the requirements of subsection (7) have been met,
 5646  the licensee must meet the requirements of subsection (1) to
 5647  obtain a compact privilege in a remote state.
 5648  
 5649                              ARTICLE V                            
 5650          ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES         
 5651         A licensee who is active duty military or is the spouse of
 5652  an individual who is active duty military may choose any of the
 5653  following locations to designate his or her home state:
 5654         (1)Home of record.
 5655         (2)Permanent change of station location.
 5656         (3)State of current residence, if it is different from the
 5657  home of record or permanent change of station location.
 5658  
 5659                             ARTICLE VI                            
 5660                           ADVERSE ACTIONS                         
 5661         (1)A home state has exclusive power to impose adverse
 5662  action against a license issued by the home state.
 5663         (2)A home state may take adverse action based on the
 5664  investigative information of a remote state, so long as the home
 5665  state follows its own procedures for imposing adverse action.
 5666         (3)The compact does not override a member state’s decision
 5667  that participation in an alternative program may be used in lieu
 5668  of adverse action and that such participation remain nonpublic
 5669  if required by the member state’s laws. Member states must
 5670  require licensees who enter any alternative programs in lieu of
 5671  discipline to agree not to practice in any other member state
 5672  during the term of the alternative program without prior
 5673  authorization from such other member state.
 5674         (4)A member state may investigate actual or alleged
 5675  violations of the laws and rules for the practice of physical
 5676  therapy committed in any other member state by a physical
 5677  therapist or physical therapist assistant practicing under the
 5678  compact who holds a license or compact privilege in such other
 5679  member state.
 5680         (5)A remote state may do any of the following:
 5681         (a)Take adverse actions as set forth in subsection (4) of
 5682  article IV against a licensee’s compact privilege in the state.
 5683         (b)Issue subpoenas for both hearings and investigations
 5684  which require the attendance and testimony of witnesses and the
 5685  production of evidence. Subpoenas issued by a physical therapy
 5686  licensing board in a member state for the attendance and
 5687  testimony of witnesses or for the production of evidence from
 5688  another member state must be enforced in the latter state by any
 5689  court of competent jurisdiction, according to the practice and
 5690  procedure of that court applicable to subpoenas issued in
 5691  proceedings pending before it. The issuing authority shall pay
 5692  any witness fees, travel expenses, mileage, and other fees
 5693  required by the service laws of the state where the witnesses or
 5694  evidence is located.
 5695         (c)If otherwise permitted by state law, recover from the
 5696  licensee the costs of investigations and disposition of cases
 5697  resulting from any adverse action taken against that licensee.
 5698         (6)(a)In addition to the authority granted to a member
 5699  state by its respective physical therapy practice act or other
 5700  applicable state law, a member state may participate with other
 5701  member states in joint investigations of licensees.
 5702         (b)Member states shall share any investigative,
 5703  litigation, or compliance materials in furtherance of any joint
 5704  or individual investigation initiated under the compact.
 5705  
 5706                             ARTICLE VII                           
 5707      ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION     
 5708         (1)COMMISSION CREATED.—The member states hereby create and
 5709  establish a joint public agency known as the Physical Therapy
 5710  Compact Commission:
 5711         (a)The commission is an instrumentality of the member
 5712  states.
 5713         (b)Venue is proper, and judicial proceedings by or against
 5714  the commission may be brought solely and exclusively in a court
 5715  of competent jurisdiction where the principal office of the
 5716  commission is located. The commission may waive venue and
 5717  jurisdictional defenses to the extent it adopts or consents to
 5718  participate in alternative dispute resolution proceedings.
 5719         (c)The compact may not be construed to be a waiver of
 5720  sovereign immunity.
 5721         (2)MEMBERSHIP, VOTING, AND MEETINGS.—
 5722         (a)Each member state has and is limited to one delegate
 5723  selected by that member state’s physical therapy licensing board
 5724  to serve on the commission. The delegate must be a current
 5725  member of the physical therapy licensing board who is a physical
 5726  therapist, a physical therapist assistant, a public member, or
 5727  the board administrator.
 5728         (b)A delegate may be removed or suspended from office as
 5729  provided by the law of the state from which the delegate is
 5730  appointed. Any vacancy occurring on the commission must be
 5731  filled by the physical therapy licensing board of the member
 5732  state for which the vacancy exists.
 5733         (c)Each delegate is entitled to one vote with regard to
 5734  the adoption of rules and bylaws and shall otherwise have an
 5735  opportunity to participate in the business and affairs of the
 5736  commission.
 5737         (d)A delegate shall vote in person or by such other means
 5738  as provided in the bylaws. The bylaws may provide for delegates’
 5739  participation in meetings by telephone or other means of
 5740  communication.
 5741         (e)The commission shall meet at least once during each
 5742  calendar year. Additional meetings may be held as set forth in
 5743  the bylaws.
 5744         (f)All meetings must be open to the public, and public
 5745  notice of meetings must be given in the same manner as required
 5746  under the rulemaking provisions in article IX.
 5747         (g)The commission or the executive board or other
 5748  committees of the commission may convene in a closed, nonpublic
 5749  meeting if the commission or executive board or other committees
 5750  of the commission must discuss any of the following:
 5751         1.Noncompliance of a member state with its obligations
 5752  under the compact.
 5753         2.The employment, compensation, or discipline of, or other
 5754  matters, practices, or procedures related to, specific employees
 5755  or other matters related to the commission’s internal personnel
 5756  practices and procedures.
 5757         3.Current, threatened, or reasonably anticipated
 5758  litigation against the commission, executive board, or other
 5759  committees of the commission.
 5760         4.Negotiation of contracts for the purchase, lease, or
 5761  sale of goods, services, or real estate.
 5762         5.An accusation of any person of a crime or a formal
 5763  censure of any person.
 5764         6.Information disclosing trade secrets or commercial or
 5765  financial information that is privileged or confidential.
 5766         7.Information of a personal nature where disclosure would
 5767  constitute a clearly unwarranted invasion of personal privacy.
 5768         8.Investigatory records compiled for law enforcement
 5769  purposes.
 5770         9.Information related to any investigative reports
 5771  prepared by or on behalf of or for use of the commission or
 5772  other committee charged with responsibility for investigation or
 5773  determination of compliance issues pursuant to the compact.
 5774         10.Matters specifically exempted from disclosure by
 5775  federal or member state statute.
 5776         (h)If a meeting, or portion of a meeting, is closed
 5777  pursuant to this subsection, the commission’s legal counsel or
 5778  designee must certify that the meeting may be closed and must
 5779  reference each relevant exempting provision.
 5780         (i)The commission shall keep minutes that fully and
 5781  clearly describe all matters discussed in a meeting and shall
 5782  provide a full and accurate summary of actions taken and the
 5783  reasons therefor, including a description of the views
 5784  expressed. All documents considered in connection with an action
 5785  must be identified in the minutes. All minutes and documents of
 5786  a closed meeting must remain under seal, subject to release only
 5787  by a majority vote of the commission or order of a court of
 5788  competent jurisdiction.
 5789         (3)DUTIES.—The commission shall do all of the following:
 5790         (a)Establish the fiscal year of the commission.
 5791         (b)Establish bylaws.
 5792         (c)Maintain its financial records in accordance with the
 5793  bylaws.
 5794         (d)Meet and take such actions as are consistent with the
 5795  provisions of the compact and the bylaws.
 5796         (4)POWERS.—The commission may do any of the following:
 5797         (a)Adopt uniform rules to facilitate and coordinate
 5798  implementation and administration of the compact. The rules have
 5799  the force and effect of law and are binding in all member
 5800  states.
 5801         (b)Bring and prosecute legal proceedings or actions in the
 5802  name of the commission, provided that the standing of any state
 5803  physical therapy licensing board to sue or be sued under
 5804  applicable law is not affected.
 5805         (c)Purchase and maintain insurance and bonds.
 5806         (d)Borrow, accept, or contract for services of personnel,
 5807  including, but not limited to, employees of a member state.
 5808         (e)Hire employees and elect or appoint officers; fix the
 5809  compensation of, define the duties of, and grant appropriate
 5810  authority to such individuals to carry out the purposes of the
 5811  compact; and establish the commission’s personnel policies and
 5812  programs relating to conflicts of interest, qualifications of
 5813  personnel, and other related personnel matters.
 5814         (f)Accept any appropriate donations and grants of money,
 5815  equipment, supplies, materials, and services and receive, use,
 5816  and dispose of the same, provided that at all times the
 5817  commission avoids any appearance of impropriety or conflict of
 5818  interest.
 5819         (g)Lease, purchase, accept appropriate gifts or donations
 5820  of, or otherwise own, hold, improve, or use any property, real,
 5821  personal, or mixed, provided that at all times the commission
 5822  avoids any appearance of impropriety or conflict of interest.
 5823         (h)Sell, convey, mortgage, pledge, lease, exchange,
 5824  abandon, or otherwise dispose of any property, real, personal,
 5825  or mixed.
 5826         (i)Establish a budget and make expenditures.
 5827         (j)Borrow money.
 5828         (k)Appoint committees, including standing committees
 5829  composed of members, state regulators, state legislators or
 5830  their representatives, and consumer representatives, and such
 5831  other interested persons as may be designated in the compact and
 5832  the bylaws.
 5833         (l)Provide information to, receive information from, and
 5834  cooperate with law enforcement agencies.
 5835         (m)Establish and elect an executive board.
 5836         (n)Perform such other functions as may be necessary or
 5837  appropriate to achieve the purposes of the compact consistent
 5838  with the state regulation of physical therapy licensure and
 5839  practice.
 5840         (5)THE EXECUTIVE BOARD.—
 5841         (a)The executive board may act on behalf of the commission
 5842  according to the terms of the compact.
 5843         (b)The executive board shall be composed of the following
 5844  nine members:
 5845         1.Seven voting members who are elected by the commission
 5846  from the current membership of the commission.
 5847         2.One ex-officio, nonvoting member from the recognized
 5848  national physical therapy professional association.
 5849         3.One ex-officio, nonvoting member from the recognized
 5850  membership organization of the physical therapy licensing
 5851  boards.
 5852         (c)The ex-officio members shall be selected by their
 5853  respective organizations.
 5854         (d)The commission may remove any member of the executive
 5855  board as provided in its bylaws.
 5856         (e)The executive board shall meet at least annually.
 5857         (f)The executive board shall do all of the following:
 5858         1.Recommend to the entire commission changes to the rules
 5859  or bylaws, compact legislation, fees paid by compact member
 5860  states, such as annual dues, and any commission compact fee
 5861  charged to licensees for the compact privilege.
 5862         2.Ensure compact administration services are appropriately
 5863  provided, contractually or otherwise.
 5864         3.Prepare and recommend the budget.
 5865         4.Maintain financial records on behalf of the commission.
 5866         5.Monitor compact compliance of member states and provide
 5867  compliance reports to the commission.
 5868         6.Establish additional committees as necessary.
 5869         7.Perform other duties as provided in the rules or bylaws.
 5870         (6)FINANCING OF THE COMMISSION.—
 5871         (a)The commission shall pay, or provide for the payment
 5872  of, the reasonable expenses of its establishment, organization,
 5873  and ongoing activities.
 5874         (b)The commission may accept any appropriate revenue
 5875  sources, donations, and grants of money, equipment, supplies,
 5876  materials, and services.
 5877         (c)The commission may levy and collect an annual
 5878  assessment from each member state or impose fees on other
 5879  parties to cover the cost of the operations and activities of
 5880  the commission and its staff. Such assessments and fees must
 5881  total to an amount sufficient to cover the commission’s annual
 5882  budget as approved each year for which revenue is not provided
 5883  by other sources. The aggregate annual assessment amount must be
 5884  allocated based upon a formula to be determined by the
 5885  commission, which shall adopt a rule binding upon all member
 5886  states.
 5887         (d)The commission may not incur obligations of any kind
 5888  before securing the funds adequate to meet such obligations; nor
 5889  may the commission pledge the credit of any of the member
 5890  states, except by and with the authority of the member state.
 5891         (e)The commission shall keep accurate accounts of all
 5892  receipts and disbursements. The receipts and disbursements of
 5893  the commission are subject to the audit and accounting
 5894  procedures established under its bylaws. However, all receipts
 5895  and disbursements of funds handled by the commission must be
 5896  audited yearly by a certified or licensed public accountant, and
 5897  the report of the audit must be included in and become part of
 5898  the annual report of the commission.
 5899         (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
 5900         (a)The members, officers, executive director, employees,
 5901  and representatives of the commission are immune from suit and
 5902  liability, whether personally or in their official capacity, for
 5903  any claim for damage to or loss of property or personal injury
 5904  or other civil liability caused by or arising out of any actual
 5905  or alleged act, error, or omission that occurred, or that the
 5906  person against whom the claim is made had a reasonable basis for
 5907  believing occurred, within the scope of commission employment,
 5908  duties, or responsibilities. However, this paragraph may not be
 5909  construed to protect any such person from suit or liability for
 5910  any damage, loss, injury, or liability caused by the
 5911  intentional, willful, or wanton misconduct of that person.
 5912         (b)The commission shall defend any member, officer,
 5913  executive director, employee, or representative of the
 5914  commission in any civil action seeking to impose liability
 5915  arising out of any actual or alleged act, error, or omission
 5916  that occurred within the scope of commission employment, duties,
 5917  or responsibilities, or that the person against whom the claim
 5918  is made had a reasonable basis for believing occurred within the
 5919  scope of commission employment, duties, or responsibilities.
 5920  However, this subsection may not be construed to prohibit any
 5921  member, officer, executive director, employee, or representative
 5922  of the commission from retaining his or her own counsel or to
 5923  require the commission to defend such person if the actual or
 5924  alleged act, error, or omission resulted from that person’s
 5925  intentional, willful, or wanton misconduct.
 5926         (c)The commission shall indemnify and hold harmless any
 5927  member, officer, executive director, employee, or representative
 5928  of the commission for the amount of any settlement or judgment
 5929  obtained against that person arising out of any actual or
 5930  alleged act, error, or omission that occurred within the scope
 5931  of commission employment, duties, or responsibilities, or that
 5932  such person had a reasonable basis for believing occurred within
 5933  the scope of commission employment, duties, or responsibilities,
 5934  provided that the actual or alleged act, error, or omission did
 5935  not result from the intentional, willful, or wanton misconduct
 5936  of that person.
 5937  
 5938                            ARTICLE VIII                           
 5939                             DATA SYSTEM                           
 5940         (1)The commission shall provide for the development,
 5941  maintenance, and use of a coordinated database and reporting
 5942  system containing licensure, adverse action, and investigative
 5943  information on all licensees in member states.
 5944         (2)Notwithstanding any other provision of state law to the
 5945  contrary, a member state shall submit a uniform data set to the
 5946  data system on all individuals to whom the compact is applicable
 5947  as required by the rules of the commission, which data set must
 5948  include all of the following:
 5949         (a)Identifying information.
 5950         (b)Licensure data.
 5951         (c)Investigative information.
 5952         (d)Adverse actions against a license or compact privilege.
 5953         (e)Nonconfidential information related to alternative
 5954  program participation.
 5955         (f)Any denial of application for licensure and the reason
 5956  for such denial.
 5957         (g)Other information that may facilitate the
 5958  administration of the compact, as determined by the rules of the
 5959  commission.
 5960         (3)Investigative information in the system pertaining to a
 5961  licensee in any member state must be available only to other
 5962  member states.
 5963         (4)The commission shall promptly notify all member states
 5964  of any adverse action taken against a licensee or an individual
 5965  applying for a license in a member state. Adverse action
 5966  information pertaining to a licensee in any member state must be
 5967  available to all other member states.
 5968         (5)Member states contributing information to the data
 5969  system may designate information that may not be shared with the
 5970  public without the express permission of the contributing state.
 5971         (6)Any information submitted to the data system which is
 5972  subsequently required to be expunged by the laws of the member
 5973  state contributing the information must be removed from the data
 5974  system.
 5975  
 5976                             ARTICLE IX                            
 5977                             RULEMAKING                            
 5978         (1)The commission shall exercise its rulemaking powers
 5979  pursuant to the criteria set forth in this article and the rules
 5980  adopted thereunder. Rules and amendments become binding as of
 5981  the date specified in each rule or amendment.
 5982         (2)If a majority of the legislatures of the member states
 5983  rejects a rule by enactment of a statute or resolution in the
 5984  same manner used to adopt the compact within 4 years after the
 5985  date of adoption of the rule, such rule does not have further
 5986  force and effect in any member state.
 5987         (3)Rules or amendments to the rules must be adopted at a
 5988  regular or special meeting of the commission.
 5989         (4)Before adoption of a final rule by the commission, and
 5990  at least 30 days before the meeting at which the rule will be
 5991  considered and voted upon, the commission must file a notice of
 5992  proposed rulemaking on all of the following:
 5993         (a)The website of the commission or another publicly
 5994  accessible platform.
 5995         (b)The website of each member state physical therapy
 5996  licensing board or another publicly accessible platform or the
 5997  publication in which each state would otherwise publish proposed
 5998  rules.
 5999         (5)The notice of proposed rulemaking must include all of
 6000  the following:
 6001         (a)The proposed date, time, and location of the meeting in
 6002  which the rule or amendment will be considered and voted upon.
 6003         (b)The text of the proposed rule or amendment and the
 6004  reason for the proposed rule.
 6005         (c)A request for comments on the proposed rule or
 6006  amendment from any interested person.
 6007         (d)The manner in which interested persons may submit
 6008  notice to the commission of their intention to attend the public
 6009  hearing and any written comments.
 6010         (6)Before adoption of a proposed rule or amendment, the
 6011  commission must allow persons to submit written data, facts,
 6012  opinions, and arguments, which must be made available to the
 6013  public.
 6014         (7)The commission must grant an opportunity for a public
 6015  hearing before it adopts a rule or an amendment if a hearing is
 6016  requested by any of the following:
 6017         (a)At least 25 persons.
 6018         (b)A state or federal governmental subdivision or agency.
 6019         (c)An association having at least 25 members.
 6020         (8)If a scheduled public hearing is held on the proposed
 6021  rule or amendment, the commission must publish the date, time,
 6022  and location of the hearing. If the hearing is held through
 6023  electronic means, the commission must publish the mechanism for
 6024  access to the electronic hearing.
 6025         (a)All persons wishing to be heard at the hearing must
 6026  notify the executive director of the commission or another
 6027  designated member in writing of their desire to appear and
 6028  testify at the hearing at least 5 business days before the
 6029  scheduled date of the hearing.
 6030         (b)Hearings must be conducted in a manner providing each
 6031  person who wishes to comment a fair and reasonable opportunity
 6032  to comment orally or in writing.
 6033         (c)All hearings must be recorded. A copy of the recording
 6034  must be made available on request.
 6035         (d)This article may not be construed to require a separate
 6036  hearing on each rule. Rules may be grouped for the convenience
 6037  of the commission at hearings required by this section.
 6038         (9)Following the scheduled hearing date, or by the close
 6039  of business on the scheduled hearing date if the hearing was not
 6040  held, the commission shall consider all written and oral
 6041  comments received.
 6042         (10)If no written notice of intent to attend the public
 6043  hearing by interested parties is received, the commission may
 6044  proceed with adoption of the proposed rule without a public
 6045  hearing.
 6046         (11)The commission shall, by majority vote of all members,
 6047  take final action on the proposed rule and shall determine the
 6048  effective date of the rule, if any, based on the rulemaking
 6049  record and the full text of the rule.
 6050         (12)Upon determination that an emergency exists, the
 6051  commission may consider and adopt an emergency rule without
 6052  prior notice, opportunity for comment, or hearing, provided that
 6053  the usual rulemaking procedures provided in the compact and in
 6054  this article are retroactively applied to the rule as soon as
 6055  reasonably possible, in no event later than 90 days after the
 6056  effective date of the rule. For the purposes of this subsection,
 6057  an emergency rule is one that must be adopted immediately in
 6058  order to do any of the following:
 6059         (a)Meet an imminent threat to public health, safety, or
 6060  welfare.
 6061         (b)Prevent a loss of commission or member state funds.
 6062         (c)Meet a deadline for the adoption of an administrative
 6063  rule established by federal law or rule.
 6064         (d)Protect public health and safety.
 6065         (13)The commission or an authorized committee of the
 6066  commission may direct revisions to a previously adopted rule or
 6067  amendment for purposes of correcting typographical errors,
 6068  errors in format, errors in consistency, or grammatical errors.
 6069  Public notice of any revisions must be posted on the website of
 6070  the commission. The revision is subject to challenge by any
 6071  person for a period of 30 days after posting. The revision may
 6072  be challenged only on grounds that the revision results in a
 6073  material change to a rule. A challenge must be made in writing
 6074  and delivered to the chair of the commission before the end of
 6075  the notice period. If a challenge is not made, the revision
 6076  takes effect without further action. If the revision is
 6077  challenged, the revision may not take effect without the
 6078  approval of the commission.
 6079  
 6080                              ARTICLE X                            
 6081           OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          
 6082         (1)OVERSIGHT.—
 6083         (a)The executive, legislative, and judicial branches of
 6084  state government in each member state shall enforce the compact
 6085  and take all actions necessary and appropriate to carry out the
 6086  compact’s purposes and intent. The provisions of the compact and
 6087  the rules adopted pursuant thereto shall have standing as
 6088  statutory law.
 6089         (b)All courts shall take judicial notice of the compact
 6090  and the rules in any judicial or administrative proceeding in a
 6091  member state pertaining to the subject matter of the compact
 6092  which may affect the powers, responsibilities, or actions of the
 6093  commission.
 6094         (c)The commission is entitled to receive service of
 6095  process in any such proceeding and has standing to intervene in
 6096  such a proceeding for all purposes. Failure to provide service
 6097  of process to the commission renders a judgment or an order void
 6098  as to the commission, the compact, or the adopted rules.
 6099         (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
 6100         (a)If the commission determines that a member state has
 6101  defaulted in the performance of its obligations or
 6102  responsibilities under the compact or the adopted rules, the
 6103  commission must do all of the following:
 6104         1.Provide written notice to the defaulting state and other
 6105  member states of the nature of the default, the proposed means
 6106  of curing the default, and any other action to be taken by the
 6107  commission.
 6108         2.Provide remedial training and specific technical
 6109  assistance regarding the default.
 6110         (b)If a state in default fails to cure the default, the
 6111  defaulting state may be terminated from the compact upon an
 6112  affirmative vote of a majority of the member states, and all
 6113  rights, privileges, and benefits conferred by the compact may be
 6114  terminated on the effective date of termination. A cure of the
 6115  default does not relieve the offending state of obligations or
 6116  liabilities incurred during the period of default.
 6117         (c)Termination of membership in the compact may be imposed
 6118  only after all other means of securing compliance have been
 6119  exhausted. The commission shall give notice of intent to suspend
 6120  or terminate a defaulting member state to the governor and
 6121  majority and minority leaders of the defaulting state’s
 6122  legislature and to each of the member states.
 6123         (d)A state that has been terminated from the compact is
 6124  responsible for all assessments, obligations, and liabilities
 6125  incurred through the effective date of termination, including
 6126  obligations that extend beyond the effective date of
 6127  termination.
 6128         (e)The commission does not bear any costs related to a
 6129  state that is found to be in default or that has been terminated
 6130  from the compact, unless agreed upon in writing between the
 6131  commission and the defaulting state.
 6132         (f)The defaulting state may appeal the action of the
 6133  commission by petitioning the U.S. District Court for the
 6134  District of Columbia or the federal district where the
 6135  commission has its principal offices. The prevailing member
 6136  shall be awarded all costs of such litigation, including
 6137  reasonable attorney fees.
 6138         (3)DISPUTE RESOLUTION.—
 6139         (a)Upon request by a member state, the commission must
 6140  attempt to resolve disputes related to the compact which arise
 6141  among member states and between member and nonmember states.
 6142         (b)The commission shall adopt a rule providing for both
 6143  mediation and binding dispute resolution for disputes as
 6144  appropriate.
 6145         (4)ENFORCEMENT.—
 6146         (a)The commission, in the reasonable exercise of its
 6147  discretion, shall enforce the compact and the commission’s
 6148  rules.
 6149         (b)By majority vote, the commission may initiate legal
 6150  action in the United States District Court for the District of
 6151  Columbia or the federal district where the commission has its
 6152  principal offices against a member state in default to enforce
 6153  compliance with the provisions of the compact and its adopted
 6154  rules and bylaws. The relief sought may include both injunctive
 6155  relief and damages. In the event judicial enforcement is
 6156  necessary, the prevailing member shall be awarded all costs of
 6157  such litigation, including reasonable attorney fees.
 6158         (c)The remedies under this article are not the exclusive
 6159  remedies of the commission. The commission may pursue any other
 6160  remedies available under federal or state law.
 6161  
 6162                             ARTICLE XI                            
 6163     DATE OF IMPLEMENTATION OF THE PHYSICAL THERAPY COMPACT AND    
 6164            ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS           
 6165         (1)The compact becomes effective on the date that the
 6166  compact statute is enacted into law in the tenth member state.
 6167  The provisions that become effective at that time are limited to
 6168  the powers granted to the commission relating to assembly and
 6169  the adoption of rules. Thereafter, the commission shall meet and
 6170  exercise rulemaking powers necessary for the implementation and
 6171  administration of the compact.
 6172         (2)Any state that joins the compact subsequent to the
 6173  commission’s initial adoption of the rules is subject to the
 6174  rules as they exist on the date that the compact becomes law in
 6175  that state. Any rule that has been previously adopted by the
 6176  commission has the full force and effect of law on the day the
 6177  compact becomes law in that state.
 6178         (3)Any member state may withdraw from the compact by
 6179  enacting a statute repealing the same.
 6180         (a)A member state’s withdrawal does not take effect until
 6181  6 months after enactment of the repealing statute.
 6182         (b)Withdrawal does not affect the continuing requirement
 6183  of the withdrawing state’s physical therapy licensing board to
 6184  comply with the investigative and adverse action reporting
 6185  requirements of this act before the effective date of
 6186  withdrawal.
 6187         (4)The compact may not be construed to invalidate or
 6188  prevent any physical therapy licensure agreement or other
 6189  cooperative arrangement between a member state and a nonmember
 6190  state which does not conflict with the provisions of the
 6191  compact.
 6192         (5)The compact may be amended by the member states. An
 6193  amendment to the compact does not become effective and binding
 6194  upon any member state until it is enacted into the laws of all
 6195  member states.
 6196  
 6197                             ARTICLE XII                           
 6198                    CONSTRUCTION AND SEVERABILITY                  
 6199         The compact must be liberally construed so as to carry out
 6200  the purposes thereof. The provisions of the compact are
 6201  severable, and if any phrase, clause, sentence, or provision of
 6202  the compact is declared to be contrary to the constitution of
 6203  any member state or of the United States or the applicability
 6204  thereof to any government, agency, person, or circumstance is
 6205  held invalid, the validity of the remainder of the compact and
 6206  the applicability thereof to any government, agency, person, or
 6207  circumstance is not affected thereby. If the compact is held
 6208  contrary to the constitution of any member state, the compact
 6209  remains in full force and effect as to the remaining member
 6210  states and in full force and effect as to the member state
 6211  affected as to all severable matters.
 6212         Section 66. Subsection (10) of section 456.073, Florida
 6213  Statutes, is amended to read:
 6214         456.073 Disciplinary proceedings.—Disciplinary proceedings
 6215  for each board shall be within the jurisdiction of the
 6216  department.
 6217         (10)(a) The complaint and all information obtained pursuant
 6218  to the investigation by the department are confidential and
 6219  exempt from s. 119.07(1) until 10 days after probable cause has
 6220  been found to exist by the probable cause panel or by the
 6221  department, or until the regulated professional or subject of
 6222  the investigation waives his or her privilege of
 6223  confidentiality, whichever occurs first.
 6224         (b) The department shall report any significant
 6225  investigation information relating to a nurse holding a
 6226  multistate license to the coordinated licensure information
 6227  system pursuant to s. 464.0095; any investigative information
 6228  relating to a physical therapist or physical therapist assistant
 6229  holding a compact privilege under the Physical Therapy Licensure
 6230  Compact to the data system pursuant to s. 486.112; any
 6231  significant investigatory information relating to a psychologist
 6232  practicing under the Psychology Interjurisdictional Compact to
 6233  the coordinated licensure information system pursuant to s.
 6234  490.0075;, and any significant investigatory information
 6235  relating to a health care practitioner practicing under the
 6236  Professional Counselors Licensure Compact to the data system
 6237  pursuant to s. 491.017, and any significant investigatory
 6238  information relating to a psychologist practicing under the
 6239  Psychology Interjurisdictional Compact to the coordinated
 6240  licensure information system pursuant to s. 490.0075.
 6241         (c) Upon completion of the investigation and a
 6242  recommendation by the department to find probable cause, and
 6243  pursuant to a written request by the subject or the subject’s
 6244  attorney, the department shall provide the subject an
 6245  opportunity to inspect the investigative file or, at the
 6246  subject’s expense, forward to the subject a copy of the
 6247  investigative file. Notwithstanding s. 456.057, the subject may
 6248  inspect or receive a copy of any expert witness report or
 6249  patient record connected with the investigation if the subject
 6250  agrees in writing to maintain the confidentiality of any
 6251  information received under this subsection until 10 days after
 6252  probable cause is found and to maintain the confidentiality of
 6253  patient records pursuant to s. 456.057. The subject may file a
 6254  written response to the information contained in the
 6255  investigative file. Such response must be filed within 20 days
 6256  of mailing by the department, unless an extension of time has
 6257  been granted by the department.
 6258         (d) This subsection does not prohibit the department from
 6259  providing the complaint and any information obtained pursuant to
 6260  the department’s investigation such information to any law
 6261  enforcement agency or to any other regulatory agency.
 6262         Section 67. Subsection (5) of section 456.076, Florida
 6263  Statutes, is amended to read:
 6264         456.076 Impaired practitioner programs.—
 6265         (5) A consultant shall enter into a participant contract
 6266  with an impaired practitioner and shall establish the terms of
 6267  monitoring and shall include the terms in a participant
 6268  contract. In establishing the terms of monitoring, the
 6269  consultant may consider the recommendations of one or more
 6270  approved evaluators, treatment programs, or treatment providers.
 6271  A consultant may modify the terms of monitoring if the
 6272  consultant concludes, through the course of monitoring, that
 6273  extended, additional, or amended terms of monitoring are
 6274  required for the protection of the health, safety, and welfare
 6275  of the public. If the impaired practitioner is a physical
 6276  therapist or physical therapist assistant practicing under the
 6277  Physical Therapy Licensure Compact pursuant to s. 486.112, a
 6278  psychologist practicing under the Psychology Interjurisdictional
 6279  Compact pursuant to s. 490.0075, or a health care practitioner
 6280  practicing under the Professional Counselors Licensure Compact
 6281  pursuant to s. 491.017, the terms of the monitoring contract
 6282  must include the impaired practitioner’s withdrawal from all
 6283  practice under the compact unless authorized by a member state.
 6284  If the impaired practitioner is a psychologist practicing under
 6285  the Psychology Interjurisdictional Compact pursuant to s.
 6286  490.0075, the terms of the monitoring contract must include the
 6287  impaired practitioner’s withdrawal from all practice under the
 6288  compact.
 6289         Section 68. Subsection (5) is added to section 486.023,
 6290  Florida Statutes, to read:
 6291         486.023 Board of Physical Therapy Practice.—
 6292         (5) The board shall appoint an individual to serve as the
 6293  state’s delegate on the Physical Therapy Compact Commission, as
 6294  required under s. 486.112.
 6295         Section 69. Section 486.028, Florida Statutes, is amended
 6296  to read:
 6297         486.028 License to practice physical therapy required.—A No
 6298  person may not shall practice, or hold herself or himself out as
 6299  being able to practice, physical therapy in this state unless
 6300  she or he is licensed under in accordance with the provisions of
 6301  this chapter or holds a compact privilege in this state under
 6302  the Physical Therapy Licensure Compact as specified in s.
 6303  486.112.; however, Nothing in This chapter does not shall
 6304  prohibit any person licensed in this state under any other law
 6305  from engaging in the practice for which she or he is licensed.
 6306         Section 70. Section 486.031, Florida Statutes, is amended
 6307  to read:
 6308         486.031 Physical therapist; licensing requirements;
 6309  exemption.—
 6310         (1) To be eligible for licensing as a physical therapist,
 6311  an applicant must:
 6312         (a)(1) Be at least 18 years old;
 6313         (b)(2) Be of good moral character; and
 6314         (c)1.(3)(a) Have been graduated from a school of physical
 6315  therapy which has been approved for the educational preparation
 6316  of physical therapists by the appropriate accrediting agency
 6317  recognized by the Council for Higher Education Accreditation or
 6318  its successor Commission on Recognition of Postsecondary
 6319  Accreditation or the United States Department of Education at
 6320  the time of her or his graduation and have passed, to the
 6321  satisfaction of the board, the American Registry Examination
 6322  before prior to 1971 or a national examination approved by the
 6323  board to determine her or his fitness for practice as a physical
 6324  therapist under this chapter as hereinafter provided;
 6325         2.(b) Have received a diploma from a program in physical
 6326  therapy in a foreign country and have educational credentials
 6327  deemed equivalent to those required for the educational
 6328  preparation of physical therapists in this country, as
 6329  recognized by the appropriate agency as identified by the board,
 6330  and have passed to the satisfaction of the board an examination
 6331  to determine her or his fitness for practice as a physical
 6332  therapist under this chapter as hereinafter provided; or
 6333         3.(c) Be entitled to licensure without examination as
 6334  provided in s. 486.081.
 6335         (2)A person licensed as a physical therapist in another
 6336  state who is practicing under the Physical Therapy Licensure
 6337  Compact pursuant to s. 486.112, and only within the scope
 6338  provided therein, is exempt from the licensure requirements of
 6339  this section.
 6340         Section 71. Section 486.081, Florida Statutes, is amended
 6341  to read:
 6342         486.081 Physical therapist; issuance of license without
 6343  examination to person passing examination of another authorized
 6344  examining board; fee; exemption.—
 6345         (1) The board may grant cause a license without
 6346  examination, to be issued by through the department, without
 6347  examination to any applicant who presents evidence satisfactory
 6348  to the board of having passed the American Registry Examination
 6349  before prior to 1971 or an examination in physical therapy
 6350  before a similar lawfully authorized examining board of another
 6351  state, the District of Columbia, a territory, or a foreign
 6352  country, if the standards for licensure in physical therapy in
 6353  such other state, district, territory, or foreign country are
 6354  determined by the board to be as high as those of this state, as
 6355  established by rules adopted under pursuant to this chapter. Any
 6356  person who holds a license pursuant to this section may use the
 6357  words “physical therapist” or “physiotherapist” or the letters
 6358  “P.T.” in connection with her or his name or place of business
 6359  to denote her or his licensure hereunder. A person who holds a
 6360  license pursuant to this section and obtains a doctoral degree
 6361  in physical therapy may use the letters “D.P.T.” and “P.T.” A
 6362  physical therapist who holds a degree of Doctor of Physical
 6363  Therapy may not use the title “doctor” without also clearly
 6364  informing the public of his or her profession as a physical
 6365  therapist.
 6366         (2) At the time of filing an making application for
 6367  licensure without examination under pursuant to the terms of
 6368  this section, the applicant shall pay to the department a
 6369  nonrefundable fee not to exceed $175, as determined fixed by the
 6370  board, no part of which will be returned.
 6371         (3)A person licensed as a physical therapist in another
 6372  state who is practicing under the Physical Therapy Licensure
 6373  Compact pursuant to s. 486.112, and only within the scope
 6374  provided therein, is exempt from the licensure requirements of
 6375  this section.
 6376         Section 72. Section 486.102, Florida Statutes, is amended
 6377  to read:
 6378         486.102 Physical therapist assistant; licensing
 6379  requirements; exemption.—
 6380         (1) To be eligible for licensing by the board as a physical
 6381  therapist assistant, an applicant must:
 6382         (a)(1) Be at least 18 years old;
 6383         (b)(2) Be of good moral character; and
 6384         (c)1.(3)(a) Have been graduated from a school providing
 6385  giving a course of at least not less than 2 years for physical
 6386  therapist assistants, which has been approved for the
 6387  educational preparation of physical therapist assistants by the
 6388  appropriate accrediting agency recognized by the Council for
 6389  Higher Education Accreditation or its successor Commission on
 6390  Recognition of Postsecondary Accreditation or the United States
 6391  Department of Education, at the time of her or his graduation
 6392  and have passed to the satisfaction of the board an examination
 6393  to determine her or his fitness for practice as a physical
 6394  therapist assistant under this chapter as hereinafter provided;
 6395         2.(b) Have been graduated from a school providing giving a
 6396  course for physical therapist assistants in a foreign country
 6397  and have educational credentials deemed equivalent to those
 6398  required for the educational preparation of physical therapist
 6399  assistants in this country, as recognized by the appropriate
 6400  agency as identified by the board, and passed to the
 6401  satisfaction of the board an examination to determine her or his
 6402  fitness for practice as a physical therapist assistant under
 6403  this chapter as hereinafter provided;
 6404         3.(c) Be entitled to licensure without examination as
 6405  provided in s. 486.107; or
 6406         4.(d) Have been enrolled between July 1, 2014, and July 1,
 6407  2016, in a physical therapist assistant school in this state
 6408  which was accredited at the time of enrollment; and
 6409         a.1. Have been graduated or be eligible to graduate from
 6410  such school no later than July 1, 2018; and
 6411         b.2. Have passed to the satisfaction of the board an
 6412  examination to determine his or her fitness for practice as a
 6413  physical therapist assistant as provided in s. 486.104.
 6414         (2)A person licensed as a physical therapist assistant in
 6415  another state who is practicing under the Physical Therapy
 6416  Licensure Compact pursuant to s. 486.112, and only within the
 6417  scope provided therein, is exempt from the licensure
 6418  requirements of this section.
 6419         Section 73. Section 486.107, Florida Statutes, is amended
 6420  to read:
 6421         486.107 Physical therapist assistant; issuance of license
 6422  without examination to person licensed in another jurisdiction;
 6423  fee; exemption.—
 6424         (1) The board may grant cause a license without
 6425  examination, to be issued by through the department, without
 6426  examination to any applicant who presents evidence to the board,
 6427  under oath, of licensure in another state, the District of
 6428  Columbia, or a territory, if the standards for registering as a
 6429  physical therapist assistant or licensing of a physical
 6430  therapist assistant, as applicable the case may be, in such
 6431  other state are determined by the board to be as high as those
 6432  of this state, as established by rules adopted under pursuant to
 6433  this chapter. Any person who holds a license pursuant to this
 6434  section may use the words “physical therapist assistant,” or the
 6435  letters “P.T.A.,” in connection with her or his name to denote
 6436  licensure hereunder.
 6437         (2) At the time of filing an making application for
 6438  licensing without examination under pursuant to the terms of
 6439  this section, the applicant shall pay to the department a
 6440  nonrefundable fee not to exceed $175, as determined fixed by the
 6441  board, no part of which will be returned.
 6442         (3)A person licensed as a physical therapist assistant in
 6443  another state who is practicing under the Physical Therapy
 6444  Licensure Compact pursuant to s. 486.112, and only within the
 6445  scope provided therein, is exempt from the licensure
 6446  requirements of this section.
 6447         Section 74. Section 486.125, Florida Statutes, is amended
 6448  to read:
 6449         486.125 Refusal, revocation, or suspension of license;
 6450  administrative fines and other disciplinary measures.—
 6451         (1) The following acts constitute grounds for denial of a
 6452  license or disciplinary action, as specified in s. 456.072(2) or
 6453  s. 486.112:
 6454         (a) Being unable to practice physical therapy with
 6455  reasonable skill and safety to patients by reason of illness or
 6456  use of alcohol, drugs, narcotics, chemicals, or any other type
 6457  of material or as a result of any mental or physical condition.
 6458         1. In enforcing this paragraph, upon a finding of the State
 6459  Surgeon General or the State Surgeon General’s designee that
 6460  probable cause exists to believe that the licensee is unable to
 6461  practice physical therapy due to the reasons stated in this
 6462  paragraph, the department shall have the authority to compel a
 6463  physical therapist or physical therapist assistant to submit to
 6464  a mental or physical examination by a physician designated by
 6465  the department. If the licensee refuses to comply with such
 6466  order, the department’s order directing such examination may be
 6467  enforced by filing a petition for enforcement in the circuit
 6468  court where the licensee resides or serves as a physical therapy
 6469  practitioner. The licensee against whom the petition is filed
 6470  may shall not be named or identified by initials in any public
 6471  court records or documents, and the proceedings must shall be
 6472  closed to the public. The department shall be entitled to the
 6473  summary procedure provided in s. 51.011.
 6474         2. A physical therapist or physical therapist assistant
 6475  whose license is suspended or revoked pursuant to this
 6476  subsection shall, at reasonable intervals, be given an
 6477  opportunity to demonstrate that she or he can resume the
 6478  competent practice of physical therapy with reasonable skill and
 6479  safety to patients.
 6480         3. Neither the record of proceeding nor the orders entered
 6481  by the board in any proceeding under this subsection may be used
 6482  against a physical therapist or physical therapist assistant in
 6483  any other proceeding.
 6484         (b) Having committed fraud in the practice of physical
 6485  therapy or deceit in obtaining a license as a physical therapist
 6486  or as a physical therapist assistant.
 6487         (c) Being convicted or found guilty regardless of
 6488  adjudication, of a crime in any jurisdiction which directly
 6489  relates to the practice of physical therapy or to the ability to
 6490  practice physical therapy. The entry of any plea of nolo
 6491  contendere is shall be considered a conviction for purpose of
 6492  this chapter.
 6493         (d) Having treated or undertaken to treat human ailments by
 6494  means other than by physical therapy, as defined in this
 6495  chapter.
 6496         (e) Failing to maintain acceptable standards of physical
 6497  therapy practice as set forth by the board in rules adopted
 6498  pursuant to this chapter.
 6499         (f) Engaging directly or indirectly in the dividing,
 6500  transferring, assigning, rebating, or refunding of fees received
 6501  for professional services, or having been found to profit by
 6502  means of a credit or other valuable consideration, such as an
 6503  unearned commission, discount, or gratuity, with any person
 6504  referring a patient or with any relative or business associate
 6505  of the referring person. Nothing in This chapter may not shall
 6506  be construed to prohibit the members of any regularly and
 6507  properly organized business entity which is comprised of
 6508  physical therapists and which is recognized under the laws of
 6509  this state from making any division of their total fees among
 6510  themselves as they determine necessary.
 6511         (g) Having a license revoked or suspended; having had other
 6512  disciplinary action taken against her or him; or having had her
 6513  or his application for a license refused, revoked, or suspended
 6514  by the licensing authority of another state, territory, or
 6515  country.
 6516         (h) Violating a lawful order of the board or department
 6517  previously entered in a disciplinary hearing.
 6518         (i) Making or filing a report or record which the licensee
 6519  knows to be false. Such reports or records shall include only
 6520  those which are signed in the capacity of a physical therapist.
 6521         (j) Practicing or offering to practice beyond the scope
 6522  permitted by law or accepting and performing professional
 6523  responsibilities which the licensee knows or has reason to know
 6524  that she or he is not competent to perform, including, but not
 6525  limited to, specific spinal manipulation.
 6526         (k) Violating any provision of this chapter or chapter 456,
 6527  or any rules adopted pursuant thereto.
 6528         (2)(a) The board may enter an order denying licensure or
 6529  imposing any of the penalties in s. 456.072(2) against any
 6530  applicant for licensure or licensee who is found guilty of
 6531  violating any provision of subsection (1) of this section or who
 6532  is found guilty of violating any provision of s. 456.072(1).
 6533         (b)The board may take adverse action against a physical
 6534  therapist’s or a physical therapist assistant’s compact
 6535  privilege under the Physical Therapy Licensure Compact pursuant
 6536  to s. 486.112 and may impose any of the penalties in s.
 6537  456.072(2), if a physical therapist or physical therapist
 6538  assistant commits an act specified in subsection (1) or s.
 6539  456.072(1).
 6540         (3) The board may shall not reinstate the license of a
 6541  physical therapist or physical therapist assistant or approve
 6542  cause a license to be issued to a person it has deemed
 6543  unqualified until such time as it is satisfied that she or he
 6544  has complied with all the terms and conditions set forth in the
 6545  final order and that such person is capable of safely engaging
 6546  in the practice of physical therapy.
 6547         Section 75. Paragraph (j) is added to subsection (10) of
 6548  section 768.28, Florida Statutes, to read:
 6549         768.28 Waiver of sovereign immunity in tort actions;
 6550  recovery limits; civil liability for damages caused during a
 6551  riot; limitation on attorney fees; statute of limitations;
 6552  exclusions; indemnification; risk management programs.—
 6553         (10) 
 6554         (j) For purposes of this section, the individual appointed
 6555  under s. 486.023(5) as the state’s delegate on the Physical
 6556  Therapy Compact Commission, when serving in that capacity
 6557  pursuant to s. 486.112, and any administrator, officer,
 6558  executive director, employee, or representative of the Physical
 6559  Therapy Compact Commission, when acting within the scope of his
 6560  or her employment, duties, or responsibilities in this state, is
 6561  considered an agent of the state. The commission shall pay any
 6562  claims or judgments pursuant to this section and may maintain
 6563  insurance coverage to pay any such claims or judgments.
 6564         Section 76. Section 486.025, Florida Statutes, is amended
 6565  to read:
 6566         486.025 Powers and duties of the Board of Physical Therapy
 6567  Practice.—The board may administer oaths, summon witnesses, take
 6568  testimony in all matters relating to its duties under this
 6569  chapter, establish or modify minimum standards of practice of
 6570  physical therapy as defined in s. 486.021, including, but not
 6571  limited to, standards of practice for the performance of dry
 6572  needling by physical therapists, and adopt rules pursuant to ss.
 6573  120.536(1) and 120.54 to implement this chapter. The board may
 6574  also review the standing and reputability of any school or
 6575  college offering courses in physical therapy and whether the
 6576  courses of such school or college in physical therapy meet the
 6577  standards established by the appropriate accrediting agency
 6578  referred to in s. 486.031(1)(c) s. 486.031(3)(a). In determining
 6579  the standing and reputability of any such school and whether the
 6580  school and courses meet such standards, the board may
 6581  investigate and personally inspect the school and courses.
 6582         Section 77. Paragraph (b) of subsection (1) of section
 6583  486.0715, Florida Statutes, is amended to read:
 6584         486.0715 Physical therapist; issuance of temporary permit.—
 6585         (1) The board shall issue a temporary physical therapist
 6586  permit to an applicant who meets the following requirements:
 6587         (b) Is a graduate of an approved United States physical
 6588  therapy educational program and meets all the eligibility
 6589  requirements for licensure under ch. 456, s. 486.031(1)(a), (b),
 6590  and (c)1. s. 486.031(1)-(3)(a), and related rules, except
 6591  passage of a national examination approved by the board is not
 6592  required.
 6593         Section 78. Paragraph (b) of subsection (1) of section
 6594  486.1065, Florida Statutes, is amended to read:
 6595         486.1065 Physical therapist assistant; issuance of
 6596  temporary permit.—
 6597         (1) The board shall issue a temporary physical therapist
 6598  assistant permit to an applicant who meets the following
 6599  requirements:
 6600         (b) Is a graduate of an approved United States physical
 6601  therapy assistant educational program and meets all the
 6602  eligibility requirements for licensure under ch. 456, s.
 6603  486.102(1)(a), (b), and (c)1. s. 486.102(1)-(3)(a), and related
 6604  rules, except passage of a national examination approved by the
 6605  board is not required.
 6606         Section 79. Effective July 1, 2024, for the 2024-2025
 6607  fiscal year, the sum of $50 million in recurring funds from the
 6608  General Revenue Fund is appropriated in the Grants and Aids –
 6609  Health Care Education Reimbursement and Loan Repayment Program
 6610  category to the Department of Health for the Florida
 6611  Reimbursement Assistance for Medical Education Program
 6612  established in s. 381.402, Florida Statutes.
 6613         Section 80. Effective July 1, 2024, for the 2024-2025
 6614  fiscal year, the sum of $13.2 million in recurring funds from
 6615  the General Revenue Fund is appropriated in the Dental Student
 6616  Loan Repayment Program category to the Department of Health for
 6617  the Dental Student Loan Repayment Program established in s.
 6618  381.4019, Florida Statutes.
 6619         Section 81. Effective July 1, 2024, for the 2024-2025
 6620  fiscal year, the sum of $23,357,876 in recurring funds from the
 6621  General Revenue Fund is appropriated in the Grants and Aids –
 6622  Minority Health Initiatives category to the Department of Health
 6623  to expand statewide the telehealth minority maternity care
 6624  program, established in s. 383.2163, Florida Statutes. The
 6625  department shall establish 15 regions in which to implement the
 6626  program statewide based on the location of hospitals providing
 6627  obstetrics and maternity care and pertinent data from nearby
 6628  counties for severe maternal morbidity and maternal mortality.
 6629  The department shall identify the criteria for selecting
 6630  providers for regional implementation and, at a minimum,
 6631  consider the maternal level of care designations for hospitals
 6632  within the region, the neonatal intensive care unit levels of
 6633  hospitals within the region, and the experience of community
 6634  based organizations to screen for and treat common pregnancy
 6635  related complications.
 6636         Section 82. Effective July 1, 2024, for the 2024-2025
 6637  fiscal year, the sum of $40 million in recurring funds from the
 6638  General Revenue Fund is appropriated to the Agency for Health
 6639  Care Administration to implement the Training, Education, and
 6640  Clinicals in Health (TEACH) Funding Program established in s.
 6641  409.91256, Florida Statutes, as created by this act.
 6642         Section 83. Effective July 1, 2024, for the 2024-2025
 6643  fiscal year, the sum of $2 million in recurring funds from the
 6644  General Revenue Fund is appropriated to the University of
 6645  Florida, Florida State University, Florida Atlantic University,
 6646  and Florida Agricultural and Mechanical University for the
 6647  purpose of implementing lab school articulated health care
 6648  programs required by s. 1002.32, Florida Statutes. Each state
 6649  university shall receive $500,000 from this appropriation.
 6650         Section 84. Effective July 1, 2024, for the 2024-2025
 6651  fiscal year, the sum of $5 million in recurring funds from the
 6652  General Revenue Fund is appropriated in the Aid to Local
 6653  Governments Grants and Aids – Nursing Education category to the
 6654  Department of Education for the purpose of implementing the
 6655  Linking Industry to Nursing Education (LINE) Fund established in
 6656  s. 1009.8962, Florida Statutes.
 6657         Section 85. Effective July 1, 2024, for the 2024-2025
 6658  fiscal year, the sums of $29,428,000 in recurring funds from the
 6659  General Revenue Fund and $40,572,000 in recurring funds from the
 6660  Medical Care Trust Fund are appropriated in the Graduate Medical
 6661  Education category to the Agency for Health Care Administration
 6662  for the Slots for Doctors Program established in s. 409.909,
 6663  Florida Statutes.
 6664         Section 86. Effective July 1, 2024, for the 2024-2025
 6665  fiscal year, the sums of $42,040,000 in recurring funds from the
 6666  Grants and Donations Trust Fund and $57,960,000 in recurring
 6667  funds from the Medical Care Trust Fund are appropriated in the
 6668  Graduate Medical Education category to the Agency for Health
 6669  Care Administration to provide to statutory teaching hospitals
 6670  as defined in s. 408.07(46), Florida Statutes, which provide
 6671  highly specialized tertiary care, including comprehensive stroke
 6672  and Level 2 adult cardiovascular services; NICU II and III; and
 6673  adult open heart; and which have more than 30 full-time
 6674  equivalent (FTE) residents over the Medicare cap in accordance
 6675  with the CMS-2552 provider 2021 fiscal year-end federal Centers
 6676  for Medicare and Medicaid Services Healthcare Cost Report, HCRIS
 6677  data extract on December 1, 2022, worksheet E-4, line 6 minus
 6678  worksheet E-4, line 5, shall be designated as a High Tertiary
 6679  Statutory Teaching Hospital and be eligible for funding
 6680  calculated on a per Graduate Medical Education resident-FTE
 6681  proportional allocation that shall be in addition to any other
 6682  Graduate Medical Education funding. Of these funds, $44,562,400
 6683  shall be first distributed to hospitals with greater than 500
 6684  unweighted fiscal year 2022-2023 FTEs. The remaining funds shall
 6685  be distributed proportionally based on the total unweighted
 6686  fiscal year 2022-2023 FTEs. Payments to providers under this
 6687  section are contingent upon the nonfederal share being provided
 6688  through intergovernmental transfers in the Grants and Donations
 6689  Trust Fund. In the event the funds are not available in the
 6690  Grants and Donations Trust Fund, the State of Florida is not
 6691  obligated to make payments under this section.
 6692         Section 87. Effective July 1, 2024, for the 2024-2025
 6693  fiscal year, the sums of $64,030,325 in recurring funds from the
 6694  General Revenue Fund and $88,277,774 in recurring funds from the
 6695  Medical Care Trust Fund are appropriated to the Agency for
 6696  Health Care Administration to establish a Pediatric Normal
 6697  Newborn, Pediatric Obstetrics, and Adult Obstetrics Diagnosis
 6698  Related Grouping (DRG) reimbursement methodology and increase
 6699  the existing marginal cost percentages for transplant
 6700  pediatrics, pediatrics, and neonates.
 6701         Section 88. Effective October 1, 2024, for the 2024-2025
 6702  fiscal year, the sums of $14,682,841 in recurring funds from the
 6703  General Revenue Fund and $20,243,041 in recurring funds from the
 6704  Medical Care Trust Fund are appropriated to the Agency for
 6705  Health Care Administration to provide a Medicaid reimbursement
 6706  rate increase for dental care services. Health plans that
 6707  participate in the Statewide Medicaid Managed Care program shall
 6708  pass through the fee increase to providers in this
 6709  appropriation.
 6710         Section 89. Effective July 1, 2024, for the 2024-2025
 6711  fiscal year, the sums of $82,301,239 in recurring funds from the
 6712  General Revenue Fund and $113,467,645 in recurring funds from
 6713  the Operations and Maintenance Trust Fund are appropriated in
 6714  the Home and Community Based Services Waiver category to the
 6715  Agency for Persons with Disabilities to provide a uniform
 6716  iBudget Waiver provider rate increase. The sum of $195,768,884
 6717  in recurring funds from the Medical Care Trust Fund is
 6718  appropriated in the Home and Community Based Services Waiver
 6719  category to the Agency for Health Care Administration to
 6720  establish budget authority for Medicaid services.
 6721         Section 90. Effective July 1, 2024, for the 2024-2025
 6722  fiscal year, the sum of $11,525,152 in recurring funds from the
 6723  General Revenue Fund is appropriated in the Grants and Aids –
 6724  Community Mental Health Services category to the Department of
 6725  Children and Families to enhance crisis diversion through mobile
 6726  response teams established under s. 394.495, Florida Statutes,
 6727  by adding an additional 16 mobile response teams to ensure
 6728  coverage in every county.
 6729         Section 91. Effective July 1, 2024, for the 2024-2025
 6730  fiscal year, the sum of $10 million in recurring funds from the
 6731  General Revenue Fund is appropriated to the Department of Health
 6732  to implement the Health Care Screening and Services Grant
 6733  Program established in s. 381.9855, Florida Statutes, as created
 6734  by this act.
 6735         Section 92. Effective July 1, 2024, for the 2024-2025
 6736  fiscal year, the sum of $150,000 in nonrecurring funds from the
 6737  General Revenue Fund and $150,000 in nonrecurring funds from the
 6738  Medical Care Trust Fund are appropriated to the Agency for
 6739  Health Care Administration to contract with a vendor to develop
 6740  a reimbursement methodology for covered services at advanced
 6741  birth centers. The agency shall submit the reimbursement
 6742  methodology and estimated fiscal impact to the Executive Office
 6743  of the Governor’s Office of Policy and Budget, the chair of the
 6744  Senate Appropriations Committee, and the chair of the House
 6745  Appropriations Committee no later than December 31, 2024.
 6746         Section 93. Effective July 1, 2024, for the 2024-2025
 6747  fiscal year, the sum of $2.4 million in recurring funds from the
 6748  General Revenue Fund is appropriated to the Agency for Health
 6749  Care Administration for the purpose of providing behavioral
 6750  health family navigators in state-licensed specialty hospitals
 6751  providing comprehensive acute care services to children pursuant
 6752  to s. 395.002(28), Florida Statutes, to help facilitate early
 6753  access to mental health treatment. Each licensed specialty
 6754  hospital shall receive $600,000 from this appropriation.
 6755         Section 94. Effective October 1, 2024, for the 2024-2025
 6756  fiscal year, the sums of $12,067,327 in recurring funds from the
 6757  General Revenue Fund, $127,300 in recurring funds from the
 6758  Refugee Assistance Trust Fund, and $16,812,576 in recurring
 6759  funds from the Medical Care Trust Fund are appropriated to the
 6760  Agency for Health Care Administration to provide a Medicaid
 6761  reimbursement rate increase for private duty nursing services
 6762  provided by licensed practical nurses and registered nurses.
 6763  Health plans that participate in the Statewide Medicaid Managed
 6764  Care program shall pass through the fee increase to providers in
 6765  this appropriation.
 6766         Section 95. Effective October 1, 2024, for the 2024-2025
 6767  fiscal year, the sums of $14,378,863 in recurring funds from the
 6768  General Revenue Fund and $19,823,951 in recurring funds from the
 6769  Medical Care Trust Fund are appropriated to the Agency for
 6770  Health Care Administration to provide a Medicaid reimbursement
 6771  rate increase for occupational therapy, physical therapy, and
 6772  speech therapy providers. Health plans that participate in the
 6773  Statewide Medicaid Managed Care program shall pass through the
 6774  fee increase to providers in this appropriation.
 6775         Section 96. Effective October 1, 2024, for the 2024-2025
 6776  fiscal year, the sums of $9,532,569 in recurring funds from the
 6777  General Revenue Fund and $13,142,429 in recurring funds from the
 6778  Medical Care Trust Fund are appropriated to the Agency for
 6779  Health Care Administration to provide a Medicaid reimbursement
 6780  rate increase for Current Procedural Terminology codes 97153 and
 6781  97155 related to behavioral analysis services. Health plans that
 6782  participate in the Statewide Medicaid Managed Care program shall
 6783  pass through the fee increase to providers in this
 6784  appropriation.
 6785         Section 97. Except as otherwise expressly provided in this
 6786  act, this act shall take effect upon becoming a law.