Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for HB 1299
Ì340380{Î340380
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/2R .
04/30/2025 05:39 PM .
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Senator Trumbull moved the following:
1 Senate Substitute for Amendment (869614) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Effective upon becoming a law, or, if this act
7 fails to become a law until after June 1, 2025, operating
8 retroactively to June 1, 2025, section 9 of chapter 2023-43,
9 Laws of Florida, is amended to read:
10 Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e),
11 Florida Statutes, as created by this act, are repealed June 1,
12 2027 2025.
13 Section 2. Effective upon becoming a law, or, if this act
14 fails to become a law until after June 1, 2025, operating
15 retroactively to June 1, 2025, paragraph (g) of subsection (2)
16 of section 381.00316, Florida Statutes, is reenacted to read:
17 381.00316 Discrimination by governmental and business
18 entities based on health care choices; prohibition.—
19 (2) As used in this section, the term:
20 (g) “Messenger ribonucleic acid vaccine” means any vaccine
21 that uses laboratory-produced messenger ribonucleic acid to
22 trigger the human body’s immune system to generate an immune
23 response.
24 Section 3. Effective upon becoming a law, or, if this act
25 fails to become a law until after June 1, 2025, operating
26 retroactively to June 1, 2025, paragraph (e) of subsection (1)
27 of section 381.00319, Florida Statutes, is reenacted to read:
28 381.00319 Prohibition on mask mandates and vaccination and
29 testing mandates for educational institutions.—
30 (1) For purposes of this section, the term:
31 (e) “Messenger ribonucleic acid vaccine” has the same
32 meaning as in s. 381.00316.
33 Section 4. Paragraphs (b), (e), and (f) of subsection (8)
34 of section 381.986, Florida Statutes, are amended to read:
35 381.986 Medical use of marijuana.—
36 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
37 (b) An applicant for licensure as a medical marijuana
38 treatment center must shall apply to the department on a form
39 prescribed by the department and adopted in rule. The department
40 shall adopt rules pursuant to ss. 120.536(1) and 120.54
41 establishing a procedure for the issuance and biennial renewal
42 of licenses, including initial application and biennial renewal
43 fees sufficient to cover the costs of implementing and
44 administering this section, and establishing supplemental
45 licensure fees for payment beginning May 1, 2018, sufficient to
46 cover the costs of administering ss. 381.989 and 1004.4351. The
47 department shall identify applicants with strong diversity plans
48 reflecting this state’s commitment to diversity and implement
49 training programs and other educational programs to enable
50 minority persons and minority business enterprises, as defined
51 in s. 288.703, and veteran business enterprises, as defined in
52 s. 295.187, to compete for medical marijuana treatment center
53 licensure and contracts. Subject to the requirements in
54 subparagraphs (a)2.-4., the department shall issue a license to
55 an applicant if the applicant meets the requirements of this
56 section and pays the initial application fee. The department
57 shall renew the licensure of a medical marijuana treatment
58 center biennially if the licensee meets the requirements of this
59 section and pays the biennial renewal fee. However, the
60 department may not renew the license of a medical marijuana
61 treatment center that has not begun to cultivate, process, and
62 dispense marijuana by the date that the medical marijuana
63 treatment center is required to renew its license. An individual
64 may not be an applicant, owner, officer, board member, or
65 manager on more than one application for licensure as a medical
66 marijuana treatment center. An individual or entity may not be
67 awarded more than one license as a medical marijuana treatment
68 center. An applicant for licensure as a medical marijuana
69 treatment center must demonstrate:
70 1. That, for the 5 consecutive years before submitting the
71 application, the applicant has been registered to do business in
72 this the state.
73 2. Possession of a valid certificate of registration issued
74 by the Department of Agriculture and Consumer Services pursuant
75 to s. 581.131.
76 3. The technical and technological ability to cultivate and
77 produce marijuana, including, but not limited to, low-THC
78 cannabis.
79 4. The ability to secure the premises, resources, and
80 personnel necessary to operate as a medical marijuana treatment
81 center.
82 5. The ability to maintain accountability of all raw
83 materials, finished products, and any byproducts to prevent
84 diversion or unlawful access to or possession of these
85 substances.
86 6. An infrastructure reasonably located to dispense
87 marijuana to registered qualified patients statewide or
88 regionally as determined by the department.
89 7. The financial ability to maintain operations for the
90 duration of the 2-year approval cycle, including the provision
91 of certified financial statements to the department.
92 a. Upon approval, the applicant must post a $5 million
93 performance bond issued by an authorized surety insurance
94 company rated in one of the three highest rating categories by a
95 nationally recognized rating service. However, a medical
96 marijuana treatment center serving at least 1,000 qualified
97 patients is only required to maintain a $2 million performance
98 bond.
99 b. In lieu of the performance bond required under sub
100 subparagraph a., the applicant may provide an irrevocable letter
101 of credit payable to the department or provide cash to the
102 department. If provided with cash under this sub-subparagraph,
103 the department must shall deposit the cash in the Grants and
104 Donations Trust Fund within the Department of Health, subject to
105 the same conditions as the bond regarding requirements for the
106 applicant to forfeit ownership of the funds. If the funds
107 deposited under this sub-subparagraph generate interest, the
108 amount of that interest must shall be used by the department for
109 the administration of this section.
110 8. That all owners, officers, board members, and managers
111 have passed a background screening pursuant to subsection (9).
112 As used in this subparagraph, the term:
113 a. “Manager” means any person with the authority to
114 exercise or contribute to the operational control, direction, or
115 management of an applicant or a medical marijuana treatment
116 center or who has authority to supervise any employee of an
117 applicant or a medical marijuana treatment center. The term
118 includes an individual with the power or authority to direct or
119 influence the direction or operation of an applicant or a
120 medical marijuana treatment center through board membership, an
121 agreement, or a contract.
122 b. “Owner” means any person who owns or controls a 5
123 percent or greater share of interests of the applicant or a
124 medical marijuana treatment center which include beneficial or
125 voting rights to interests. In the event that one person owns a
126 beneficial right to interests and another person holds the
127 voting rights with respect to such interests, then in such case,
128 both are considered the owner of such interests.
129 9. The employment of a medical director to supervise the
130 activities of the medical marijuana treatment center.
131 10. A diversity plan that promotes and ensures the
132 involvement of minority persons and minority business
133 enterprises, as defined in s. 288.703, or veteran business
134 enterprises, as defined in s. 295.187, in ownership, management,
135 and employment. An applicant for licensure renewal must show the
136 effectiveness of the diversity plan by including the following
137 with his or her application for renewal:
138 a. Representation of minority persons and veterans in the
139 medical marijuana treatment center’s workforce;
140 b. Efforts to recruit minority persons and veterans for
141 employment; and
142 c. A record of contracts for services with minority
143 business enterprises and veteran business enterprises.
144 (e) A licensed medical marijuana treatment center shall
145 cultivate, process, transport, and dispense marijuana for
146 medical use. A licensed medical marijuana treatment center may
147 not contract for services directly related to the cultivation,
148 processing, and dispensing of marijuana or marijuana delivery
149 devices, except that a medical marijuana treatment center
150 licensed pursuant to subparagraph (a)1. may contract with a
151 single entity for the cultivation, processing, transporting, and
152 dispensing of marijuana and marijuana delivery devices. A
153 licensed medical marijuana treatment center shall must, at all
154 times, maintain compliance with the criteria demonstrated and
155 representations made in the initial application and the criteria
156 established in this subsection. Upon request, the department may
157 grant a medical marijuana treatment center a variance from the
158 representations made in the initial application. Consideration
159 of such a request must shall be based upon the individual facts
160 and circumstances surrounding the request. A variance may not be
161 granted unless the requesting medical marijuana treatment center
162 can demonstrate to the department that it has a proposed
163 alternative to the specific representation made in its
164 application which fulfills the same or a similar purpose as the
165 specific representation in a way that the department can
166 reasonably determine will not be a lower standard than the
167 specific representation in the application. A variance may not
168 be granted from the requirements in subparagraph 2. and
169 subparagraphs (b)1. and 2.
170 1. A licensed medical marijuana treatment center may
171 transfer ownership to an individual or entity who meets the
172 requirements of this section. A publicly traded corporation or
173 publicly traded company that meets the requirements of this
174 section is not precluded from ownership of a medical marijuana
175 treatment center. To accommodate a change in ownership:
176 a. The licensed medical marijuana treatment center shall
177 notify the department in writing at least 60 days before the
178 anticipated date of the change of ownership.
179 b. The individual or entity applying for initial licensure
180 due to a change of ownership must submit an application that
181 must be received by the department at least 60 days before the
182 date of change of ownership.
183 c. Upon receipt of an application for a license, the
184 department shall examine the application and, within 30 days
185 after receipt, notify the applicant in writing of any apparent
186 errors or omissions and request any additional information
187 required.
188 d. Requested information omitted from an application for
189 licensure must be filed with the department within 21 days after
190 the department’s request for omitted information or the
191 application will shall be deemed incomplete and shall be
192 withdrawn from further consideration and the fees shall be
193 forfeited.
194 e. Within 30 days after the receipt of a complete
195 application, the department shall approve or deny the
196 application.
197 2. A medical marijuana treatment center, and any individual
198 or entity who directly or indirectly owns, controls, or holds
199 with power to vote 5 percent or more of the voting shares of a
200 medical marijuana treatment center, may not acquire direct or
201 indirect ownership or control of any voting shares or other form
202 of ownership of any other medical marijuana treatment center.
203 3. A medical marijuana treatment center may not enter into
204 any form of profit-sharing arrangement with the property owner
205 or lessor of any of its facilities where cultivation,
206 processing, storing, or dispensing of marijuana and marijuana
207 delivery devices occurs.
208 4. All employees of a medical marijuana treatment center
209 must be 21 years of age or older and have passed a background
210 screening pursuant to subsection (9). As used in this
211 subparagraph, the term “employee” means any person employed by a
212 medical marijuana treatment center licensee in any capacity,
213 including those whose duties involve any aspect of the
214 cultivation, processing, transportation, or dispensing of
215 marijuana. This requirement applies to all employees, regardless
216 of the compensation received.
217 5. Each medical marijuana treatment center must adopt and
218 enforce policies and procedures to ensure employees and
219 volunteers receive training on the legal requirements to
220 dispense marijuana to qualified patients.
221 6. When growing marijuana, a medical marijuana treatment
222 center:
223 a. May use pesticides determined by the department, after
224 consultation with the Department of Agriculture and Consumer
225 Services, to be safely applied to plants intended for human
226 consumption, but may not use pesticides designated as
227 restricted-use pesticides pursuant to s. 487.042.
228 b. Must grow marijuana within an enclosed structure and in
229 a room separate from any other plant.
230 c. Must inspect seeds and growing plants for plant pests
231 that endanger or threaten the horticultural and agricultural
232 interests of the state in accordance with chapter 581 and any
233 rules adopted thereunder.
234 d. Must perform fumigation or treatment of plants, or
235 remove and destroy infested or infected plants, in accordance
236 with chapter 581 and any rules adopted thereunder.
237 7. Each medical marijuana treatment center must produce and
238 make available for purchase at least one low-THC cannabis
239 product.
240 8. A medical marijuana treatment center that produces
241 edibles must hold a permit to operate as a food establishment
242 pursuant to chapter 500, the Florida Food Safety Act, and must
243 comply with all the requirements for food establishments
244 pursuant to chapter 500 and any rules adopted thereunder.
245 Edibles may not contain more than 200 milligrams of
246 tetrahydrocannabinol, and a single serving portion of an edible
247 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
248 may not have a potency variance of no greater than 15 percent.
249 Marijuana products, including edibles, may not be attractive to
250 children; be manufactured in the shape of humans, cartoons, or
251 animals; be manufactured in a form that bears any reasonable
252 resemblance to products available for consumption as
253 commercially available candy; or contain any color additives. To
254 discourage consumption of edibles by children, the department
255 shall determine by rule any shapes, forms, and ingredients
256 allowed and prohibited for edibles. Medical marijuana treatment
257 centers may not begin processing or dispensing edibles until
258 after the effective date of the rule. The department shall also
259 adopt sanitation rules providing the standards and requirements
260 for the storage, display, or dispensing of edibles.
261 9. Within 12 months after licensure, a medical marijuana
262 treatment center must demonstrate to the department that all of
263 its processing facilities have passed a Food Safety Good
264 Manufacturing Practices, such as Global Food Safety Initiative
265 or equivalent, inspection by a nationally accredited certifying
266 body. A medical marijuana treatment center must immediately stop
267 processing at any facility which fails to pass this inspection
268 until it demonstrates to the department that such facility has
269 met this requirement.
270 10. A medical marijuana treatment center that produces
271 prerolled marijuana cigarettes may not use wrapping paper made
272 with tobacco or hemp.
273 11. When processing marijuana, a medical marijuana
274 treatment center must:
275 a. Process the marijuana within an enclosed structure and
276 in a room separate from other plants or products.
277 b. Comply with department rules when processing marijuana
278 with hydrocarbon solvents or other solvents or gases exhibiting
279 potential toxicity to humans. The department shall determine by
280 rule the requirements for medical marijuana treatment centers to
281 use such solvents or gases exhibiting potential toxicity to
282 humans.
283 c. Comply with federal and state laws and regulations and
284 department rules for solid and liquid wastes. The department
285 shall determine by rule procedures for the storage, handling,
286 transportation, management, and disposal of solid and liquid
287 waste generated during marijuana production and processing. The
288 Department of Environmental Protection shall assist the
289 department in developing such rules.
290 d. Test the processed marijuana using a medical marijuana
291 testing laboratory before it is dispensed. Results must be
292 verified and signed by two medical marijuana treatment center
293 employees. Before dispensing, the medical marijuana treatment
294 center must determine that the test results indicate that low
295 THC cannabis meets the definition of low-THC cannabis, the
296 concentration of tetrahydrocannabinol meets the potency
297 requirements of this section, the labeling of the concentration
298 of tetrahydrocannabinol and cannabidiol is accurate, and all
299 marijuana is safe for human consumption and free from
300 contaminants that are unsafe for human consumption. The
301 department shall determine by rule which contaminants must be
302 tested for and the maximum levels of each contaminant which are
303 safe for human consumption. The Department of Agriculture and
304 Consumer Services shall assist the department in developing the
305 testing requirements for contaminants that are unsafe for human
306 consumption in edibles. The department shall also determine by
307 rule the procedures for the treatment of marijuana that fails to
308 meet the testing requirements of this section, s. 381.988, or
309 department rule. The department may select samples of marijuana
310 from a medical marijuana treatment center facility which shall
311 be tested by the department to determine whether the marijuana
312 meets the potency requirements of this section, is safe for
313 human consumption, and is accurately labeled with the
314 tetrahydrocannabinol and cannabidiol concentration or to verify
315 the result of marijuana testing conducted by a marijuana testing
316 laboratory. The department may also select samples of marijuana
317 delivery devices from a medical marijuana treatment center to
318 determine whether the marijuana delivery device is safe for use
319 by qualified patients. A medical marijuana treatment center may
320 not require payment from the department for the sample. A
321 medical marijuana treatment center must recall marijuana,
322 including all marijuana and marijuana products made from the
323 same batch of marijuana, that fails to meet the potency
324 requirements of this section, that is unsafe for human
325 consumption, or for which the labeling of the
326 tetrahydrocannabinol and cannabidiol concentration is
327 inaccurate. The department shall adopt rules to establish
328 marijuana potency variations of no greater than 15 percent using
329 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
330 for, but is not limited to, time lapses between testing, testing
331 methods, testing instruments, and types of marijuana sampled for
332 testing. The department may not issue any recalls for product
333 potency as it relates to product labeling before issuing a rule
334 relating to potency variation standards. A medical marijuana
335 treatment center must also recall all marijuana delivery devices
336 determined to be unsafe for use by qualified patients. The
337 medical marijuana treatment center must retain records of all
338 testing and samples of each homogeneous batch of marijuana for
339 at least 9 months. The medical marijuana treatment center must
340 contract with a marijuana testing laboratory to perform audits
341 on the medical marijuana treatment center’s standard operating
342 procedures, testing records, and samples and provide the results
343 to the department to confirm that the marijuana or low-THC
344 cannabis meets the requirements of this section and that the
345 marijuana or low-THC cannabis is safe for human consumption. A
346 medical marijuana treatment center shall reserve two processed
347 samples from each batch and retain such samples for at least 9
348 months for the purpose of such audits. A medical marijuana
349 treatment center may use a laboratory that has not been
350 certified by the department under s. 381.988 until such time as
351 at least one laboratory holds the required certification, but in
352 no event later than July 1, 2018.
353 e. Package the marijuana in compliance with the United
354 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
355 1471 et seq.
356 f. Package the marijuana in a receptacle that has a firmly
357 affixed and legible label stating the following information:
358 (I) The marijuana or low-THC cannabis meets the
359 requirements of sub-subparagraph d.
360 (II) The name of the medical marijuana treatment center
361 from which the marijuana originates.
362 (III) The batch number and harvest number from which the
363 marijuana originates and the date dispensed.
364 (IV) The name of the physician who issued the physician
365 certification.
366 (V) The name of the patient.
367 (VI) The product name, if applicable, and dosage form,
368 including concentration of tetrahydrocannabinol and cannabidiol.
369 The product name may not contain wording commonly associated
370 with products that are attractive to children or which promote
371 the recreational use of marijuana.
372 (VII) The recommended dose.
373 (VIII) A warning that it is illegal to transfer medical
374 marijuana to another person.
375 (IX) A marijuana universal symbol developed by the
376 department.
377 12. The medical marijuana treatment center shall include in
378 each package a patient package insert with information on the
379 specific product dispensed related to:
380 a. Clinical pharmacology.
381 b. Indications and use.
382 c. Dosage and administration.
383 d. Dosage forms and strengths.
384 e. Contraindications.
385 f. Warnings and precautions.
386 g. Adverse reactions.
387 13. In addition to the packaging and labeling requirements
388 specified in subparagraphs 11. and 12., marijuana in a form for
389 smoking must be packaged in a sealed receptacle with a legible
390 and prominent warning to keep away from children and a warning
391 that states marijuana smoke contains carcinogens and may
392 negatively affect health. Such receptacles for marijuana in a
393 form for smoking must be plain, opaque, and white without
394 depictions of the product or images other than the medical
395 marijuana treatment center’s department-approved logo and the
396 marijuana universal symbol.
397 14. The department shall adopt rules to regulate the types,
398 appearance, and labeling of marijuana delivery devices dispensed
399 from a medical marijuana treatment center. The rules must
400 require marijuana delivery devices to have an appearance
401 consistent with medical use.
402 15. Each edible must be individually sealed in plain,
403 opaque wrapping marked only with the marijuana universal symbol.
404 Where practical, each edible must be marked with the marijuana
405 universal symbol. In addition to the packaging and labeling
406 requirements in subparagraphs 11. and 12., edible receptacles
407 must be plain, opaque, and white without depictions of the
408 product or images other than the medical marijuana treatment
409 center’s department-approved logo and the marijuana universal
410 symbol. The receptacle must also include a list of all the
411 edible’s ingredients, storage instructions, an expiration date,
412 a legible and prominent warning to keep away from children and
413 pets, and a warning that the edible has not been produced or
414 inspected pursuant to federal food safety laws.
415 16. When dispensing marijuana or a marijuana delivery
416 device, a medical marijuana treatment center:
417 a. May dispense any active, valid order for low-THC
418 cannabis, medical cannabis and cannabis delivery devices issued
419 pursuant to former s. 381.986, Florida Statutes 2016, which was
420 entered into the medical marijuana use registry before July 1,
421 2017.
422 b. May not dispense more than a 70-day supply of marijuana
423 within any 70-day period to a qualified patient or caregiver.
424 May not dispense more than one 35-day supply of marijuana in a
425 form for smoking within any 35-day period to a qualified patient
426 or caregiver. A 35-day supply of marijuana in a form for smoking
427 may not exceed 2.5 ounces unless an exception to this amount is
428 approved by the department pursuant to paragraph (4)(f).
429 c. Must have the medical marijuana treatment center’s
430 employee who dispenses the marijuana or a marijuana delivery
431 device enter into the medical marijuana use registry his or her
432 name or unique employee identifier.
433 d. Must verify that the qualified patient and the
434 caregiver, if applicable, each have an active registration in
435 the medical marijuana use registry and an active and valid
436 medical marijuana use registry identification card, the amount
437 and type of marijuana dispensed matches the physician
438 certification in the medical marijuana use registry for that
439 qualified patient, and the physician certification has not
440 already been filled.
441 e. May not dispense marijuana to a qualified patient who is
442 younger than 18 years of age. If the qualified patient is
443 younger than 18 years of age, marijuana may only be dispensed to
444 the qualified patient’s caregiver.
445 f. May not dispense or sell any other type of cannabis,
446 alcohol, or illicit drug-related product, including pipes or
447 wrapping papers made with tobacco or hemp, other than a
448 marijuana delivery device required for the medical use of
449 marijuana and which is specified in a physician certification.
450 g. Must, upon dispensing the marijuana or marijuana
451 delivery device, record in the registry the date, time,
452 quantity, and form of marijuana dispensed; the type of marijuana
453 delivery device dispensed; and the name and medical marijuana
454 use registry identification number of the qualified patient or
455 caregiver to whom the marijuana delivery device was dispensed.
456 h. Must ensure that patient records are not visible to
457 anyone other than the qualified patient, his or her caregiver,
458 and authorized medical marijuana treatment center employees.
459 (f) To ensure the safety and security of premises where the
460 cultivation, processing, storing, or dispensing of marijuana
461 occurs, and to maintain adequate controls against the diversion,
462 theft, and loss of marijuana or marijuana delivery devices, a
463 medical marijuana treatment center shall:
464 1.a. Maintain a fully operational security alarm system
465 that secures all entry points and perimeter windows and is
466 equipped with motion detectors; pressure switches; and duress,
467 panic, and hold-up alarms; and
468 b. Maintain a video surveillance system that records
469 continuously 24 hours a day and meets the following criteria:
470 (I) Cameras are fixed in a place that allows for the clear
471 identification of persons and activities in controlled areas of
472 the premises. Controlled areas include grow rooms, processing
473 rooms, storage rooms, disposal rooms or areas, and point-of-sale
474 rooms.
475 (II) Cameras are fixed in entrances and exits to the
476 premises, which must shall record from both indoor and outdoor,
477 or ingress and egress, vantage points.
478 (III) Recorded images must clearly and accurately display
479 the time and date.
480 (IV) Retain video surveillance recordings for at least 45
481 days or longer upon the request of a law enforcement agency.
482 2. Ensure that the medical marijuana treatment center’s
483 outdoor premises have sufficient lighting from dusk until dawn.
484 3. Ensure that the indoor premises where dispensing occurs
485 includes a waiting area with sufficient space and seating to
486 accommodate qualified patients and caregivers and at least one
487 private consultation area that is isolated from the waiting area
488 and area where dispensing occurs. A medical marijuana treatment
489 center may not display products or dispense marijuana or
490 marijuana delivery devices in the waiting area.
491 4. Not dispense from its premises marijuana or a marijuana
492 delivery device between the hours of 9 p.m. and 7 a.m., but may
493 perform all other operations and deliver marijuana to qualified
494 patients 24 hours a day.
495 5. Store marijuana in a secured, locked room or a vault.
496 6. Require at least two of its employees, or two employees
497 of a security agency with whom it contracts, to be on the
498 premises at all times where cultivation, processing, or storing
499 of marijuana occurs.
500 7. Require each employee or contractor to wear a photo
501 identification badge at all times while on the premises.
502 8. Require each visitor to wear a visitor pass at all times
503 while on the premises.
504 9. Implement an alcohol and drug-free workplace policy.
505 10. Report to local law enforcement and notify the
506 department through e-mail within 24 hours after the medical
507 marijuana treatment center is notified or becomes aware of any
508 actual or attempted the theft, diversion, or loss of marijuana.
509 Section 5. Paragraph (d) of subsection (1) of section
510 381.988, Florida Statutes, is amended to read:
511 381.988 Medical marijuana testing laboratories; marijuana
512 tests conducted by a certified laboratory.—
513 (1) A person or entity seeking to be a certified marijuana
514 testing laboratory must:
515 (d) Require all employees, owners, and managers to submit
516 to and pass a level 2 background screening pursuant to chapter
517 435. The department shall deny certification if the person or
518 entity seeking certification has a disqualifying offense as
519 provided in s. 435.04 or has an arrest awaiting final
520 disposition for, has been found guilty of, or has entered a plea
521 of guilty or nolo contendere to, regardless of adjudication, any
522 offense listed in chapter 837, chapter 895, or chapter 896 or
523 similar law of another jurisdiction. Exemptions from
524 disqualification as provided under s. 435.07 do not apply to
525 this paragraph.
526 1. As used in this paragraph, the term:
527 a. “Employee” means any person whose duties or activities
528 involve any aspect of regulatory compliance testing or research
529 and development testing of marijuana for a certified marijuana
530 testing laboratory, regardless of whether such person is
531 compensated for his or her work.
532 b. “Manager” means any person with authority to exercise or
533 contribute to the operational control, direction, or management
534 of an applicant or certified marijuana testing laboratory or who
535 has authority to supervise any employee of an applicant or a
536 certified marijuana testing laboratory. The term includes an
537 individual with the power or authority to direct or influence
538 the direction or operation of an applicant or a certified
539 marijuana testing laboratory through board membership, an
540 agreement, or a contract.
541 c. “Owner” means any person who owns or controls a 5
542 percent or greater share of interests of the applicant or a
543 certified marijuana testing laboratory which include beneficial
544 or voting rights to interests. In the event that one person owns
545 a beneficial right to interests and another person holds the
546 voting rights with respect to such interests, then in such case,
547 both are considered the owner of such interests.
548 2. Such employees, owners, and managers must submit a full
549 set of fingerprints to the department or to a vendor, entity, or
550 agency authorized by s. 943.053(13). The department, vendor,
551 entity, or agency shall forward the fingerprints to the
552 Department of Law Enforcement for state processing, and the
553 Department of Law Enforcement shall forward the fingerprints to
554 the Federal Bureau of Investigation for national processing.
555 3.2. Fees for state and federal fingerprint processing and
556 retention must shall be borne by the certified marijuana testing
557 laboratory. The state cost for fingerprint processing is shall
558 be as provided in s. 943.053(3)(e) for records provided to
559 persons or entities other than those specified as exceptions
560 therein.
561 4.3. Fingerprints submitted to the Department of Law
562 Enforcement pursuant to this paragraph must shall be retained by
563 the Department of Law Enforcement as provided in s. 943.05(2)(g)
564 and (h) and, when the Department of Law Enforcement begins
565 participation in the program, enrolled in the Federal Bureau of
566 Investigation’s national retained print arrest notification
567 program. Any arrest record identified must shall be reported to
568 the department.
569 Section 6. Paragraphs (a) and (c) of subsection (2) of
570 section 456.0145, Florida Statutes, are amended to read:
571 456.0145 Mobile Opportunity by Interstate Licensure
572 Endorsement (MOBILE) Act.—
573 (2) LICENSURE BY ENDORSEMENT.—
574 (a) An applicable board, or the department if there is no
575 board, shall issue a license to practice in this state to an
576 applicant who meets all of the following criteria:
577 1. Submits a complete application.
578 2. Holds an active, unencumbered license issued by another
579 state, the District of Columbia, or a territory of the United
580 States in a profession with a similar scope of practice, as
581 determined by the board or department, as applicable. The term
582 “scope of practice” means the full spectrum of functions,
583 procedures, actions, and services that a health care
584 practitioner is deemed competent and authorized to perform under
585 a license issued in this state.
586 3.a. Has obtained a passing score on a national licensure
587 examination or holds a national certification recognized by the
588 board, or the department if there is no board, as applicable to
589 the profession for which the applicant is seeking licensure in
590 this state; or
591 b. Meets the requirements of paragraph (b).
592 4. Has actively practiced the profession for which the
593 applicant is applying for at least 2 3 years during the 4-year
594 period immediately preceding the date of submission of the
595 application.
596 5. Attests that he or she is not, at the time of submission
597 of the application, the subject of a disciplinary proceeding in
598 a jurisdiction in which he or she holds a license or by the
599 United States Department of Defense for reasons related to the
600 practice of the profession for which he or she is applying.
601 6. Has not had disciplinary action taken against him or her
602 in the 5 years immediately preceding the date of submission of
603 the application.
604 7. Meets the financial responsibility requirements of s.
605 456.048 or the applicable practice act, if required for the
606 profession for which the applicant is seeking licensure.
607 8. Submits a set of fingerprints for a background screening
608 pursuant to s. 456.0135, if required for the profession for
609 which he or she is applying.
610
611 The department shall verify information submitted by the
612 applicant under this subsection using the National Practitioner
613 Data Bank, as applicable.
614 (c) A person is ineligible for a license under this section
615 if he or she:
616 1. Has a complaint, an allegation, or an investigation
617 pending before a licensing entity in another state, the District
618 of Columbia, or a possession or territory of the United States;
619 2. Has been convicted of or pled nolo contendere to,
620 regardless of adjudication, any felony or misdemeanor related to
621 the practice of a health care profession;
622 3. Has had a health care provider license revoked or
623 suspended by another state, the District of Columbia, or a
624 territory of the United States, or has voluntarily surrendered
625 any such license in lieu of having disciplinary action taken
626 against the license; or
627 4. Has been reported to the National Practitioner Data
628 Bank, unless the applicant has successfully appealed to have his
629 or her name removed from the data bank. If the reported adverse
630 action was a result of conduct that would not constitute a
631 violation of any law or rule in this state, the board, or the
632 department if there is no board, may:
633 a. Approve the application;
634 b. Approve the application with restrictions on the scope
635 of practice of the licensee;
636 c. Approve the application with placement of the licensee
637 on probation for a period of time and subject to such conditions
638 as the board, or the department if there is no board, may
639 specify, including, but not limited to, requiring the applicant
640 to submit to treatment, attend continuing education courses, or
641 submit to reexamination; or
642 d. Deny the application.
643 Section 7. Paragraph (d) of subsection (1) and subsection
644 (3) of section 456.44, Florida Statutes, are amended to read:
645 456.44 Controlled substance prescribing.—
646 (1) DEFINITIONS.—As used in this section, the term:
647 (d) “Board-certified pain management physician” means a
648 physician who possesses board certification in pain medicine by
649 the American Board of Pain Medicine, board certification by the
650 American Board of Interventional Pain Physicians, or board
651 certification or subcertification in pain management or pain
652 medicine by a specialty board recognized by the American Board
653 of Physician Specialties American Association of Physician
654 Specialists or the American Board of Medical Specialties or an
655 osteopathic physician who holds a certificate in Pain Management
656 by the American Osteopathic Association.
657 (3) STANDARDS OF PRACTICE FOR TREATMENT OF CHRONIC
658 NONMALIGNANT PAIN.—The standards of practice in this section do
659 not supersede the level of care, skill, and treatment recognized
660 in general law related to health care licensure.
661 (a) A complete medical history and a physical examination
662 must be conducted before beginning any treatment and must be
663 documented in the medical record. The exact components of the
664 physical examination shall be left to the judgment of the
665 registrant who is expected to perform a physical examination
666 proportionate to the diagnosis that justifies a treatment. The
667 medical record must, at a minimum, document the nature and
668 intensity of the pain, current and past treatments for pain,
669 underlying or coexisting diseases or conditions, the effect of
670 the pain on physical and psychological function, a review of
671 previous medical records, previous diagnostic studies, and
672 history of alcohol and substance abuse. The medical record shall
673 also document the presence of one or more recognized medical
674 indications for the use of a controlled substance. Each
675 registrant must develop a written plan for assessing each
676 patient’s risk of aberrant drug-related behavior, which may
677 include patient drug testing. Registrants must assess each
678 patient’s risk for aberrant drug-related behavior and monitor
679 that risk on an ongoing basis in accordance with the plan.
680 (b) Each registrant must develop a written individualized
681 treatment plan for each patient. The treatment plan shall state
682 objectives that will be used to determine treatment success,
683 such as pain relief and improved physical and psychosocial
684 function, and shall indicate if any further diagnostic
685 evaluations or other treatments are planned. After treatment
686 begins, the registrant shall adjust drug therapy to the
687 individual medical needs of each patient. Other treatment
688 modalities, including a rehabilitation program, shall be
689 considered depending on the etiology of the pain and the extent
690 to which the pain is associated with physical and psychosocial
691 impairment. The interdisciplinary nature of the treatment plan
692 shall be documented.
693 (c) The registrant shall discuss the risks and benefits of
694 the use of controlled substances, including the risks of abuse
695 and addiction, as well as physical dependence and its
696 consequences, with the patient, persons designated by the
697 patient, or the patient’s surrogate or guardian if the patient
698 is incompetent. The registrant shall use a written controlled
699 substance agreement between the registrant and the patient
700 outlining the patient’s responsibilities, including, but not
701 limited to:
702 1. Number and frequency of controlled substance
703 prescriptions and refills.
704 2. Patient compliance and reasons for which drug therapy
705 may be discontinued, such as a violation of the agreement.
706 3. An agreement that controlled substances for the
707 treatment of chronic nonmalignant pain shall be prescribed by a
708 single treating registrant unless otherwise authorized by the
709 treating registrant and documented in the medical record.
710 (d) The patient shall be seen by the registrant at regular
711 intervals, not to exceed 3 months, to assess the efficacy of
712 treatment, ensure that controlled substance therapy remains
713 indicated, evaluate the patient’s progress toward treatment
714 objectives, consider adverse drug effects, and review the
715 etiology of the pain. Continuation or modification of therapy
716 shall depend on the registrant’s evaluation of the patient’s
717 progress. If treatment goals are not being achieved, despite
718 medication adjustments, the registrant shall reevaluate the
719 appropriateness of continued treatment. The registrant shall
720 monitor patient compliance in medication usage, related
721 treatment plans, controlled substance agreements, and
722 indications of substance abuse or diversion at a minimum of 3
723 month intervals.
724 (e) The registrant shall refer the patient as necessary for
725 additional evaluation and treatment in order to achieve
726 treatment objectives. Special attention shall be given to those
727 patients who are at risk for misusing their medications and
728 those whose living arrangements pose a risk for medication
729 misuse or diversion. The management of pain in patients with a
730 history of substance abuse or with a comorbid psychiatric
731 disorder requires extra care, monitoring, and documentation and
732 requires consultation with or referral to an addiction medicine
733 specialist or a psychiatrist.
734 (f) A registrant must maintain accurate, current, and
735 complete records that are accessible and readily available for
736 review and comply with the requirements of this section, the
737 applicable practice act, and applicable board rules. The medical
738 records must include, but are not limited to:
739 1. The complete medical history and a physical examination,
740 including history of drug abuse or dependence.
741 2. Diagnostic, therapeutic, and laboratory results.
742 3. Evaluations and consultations.
743 4. Treatment objectives.
744 5. Discussion of risks and benefits.
745 6. Treatments.
746 7. Medications, including date, type, dosage, and quantity
747 prescribed.
748 8. Instructions and agreements.
749 9. Periodic reviews.
750 10. Results of any drug testing.
751 11. A photocopy of the patient’s government-issued photo
752 identification.
753 12. If a written prescription for a controlled substance is
754 given to the patient, a duplicate of the prescription.
755 13. The registrant’s full name presented in a legible
756 manner.
757 (g) A registrant shall immediately refer patients with
758 signs or symptoms of substance abuse to a board-certified pain
759 management physician, an addiction medicine specialist, or a
760 mental health addiction facility as it pertains to drug abuse or
761 addiction unless the registrant is a physician who is board
762 certified or board-eligible in pain management. Throughout the
763 period of time before receiving the consultant’s report, a
764 prescribing registrant shall clearly and completely document
765 medical justification for continued treatment with controlled
766 substances and those steps taken to ensure medically appropriate
767 use of controlled substances by the patient. Upon receipt of the
768 consultant’s written report, the prescribing registrant shall
769 incorporate the consultant’s recommendations for continuing,
770 modifying, or discontinuing controlled substance therapy. The
771 resulting changes in treatment shall be specifically documented
772 in the patient’s medical record. Evidence or behavioral
773 indications of diversion shall be followed by discontinuation of
774 controlled substance therapy, and the patient shall be
775 discharged, and all results of testing and actions taken by the
776 registrant shall be documented in the patient’s medical record.
777
778 This subsection does not apply to a board-eligible or board
779 certified anesthesiologist, physiatrist, rheumatologist, or
780 neurologist, or to a board-certified physician who has surgical
781 privileges at a hospital or ambulatory surgery center and
782 primarily provides surgical services. This subsection does not
783 apply to a board-eligible or board-certified medical specialist
784 who has also completed a fellowship in pain medicine approved by
785 the Accreditation Council for Graduate Medical Education or the
786 American Osteopathic Association, or who is board eligible or
787 board certified in pain medicine by the American Board of Pain
788 Medicine, the American Board of Interventional Pain Physicians,
789 the American Board of Physician Specialties American Association
790 of Physician Specialists, or a board approved by the American
791 Board of Medical Specialties or the American Osteopathic
792 Association and performs interventional pain procedures of the
793 type routinely billed using surgical codes. This subsection does
794 not apply to a registrant who prescribes medically necessary
795 controlled substances for a patient during an inpatient stay in
796 a hospital licensed under chapter 395.
797 Section 8. Section 458.313, Florida Statutes, is amended to
798 read:
799 458.313 Licensure by endorsement; requirements; fees.—The
800 department shall issue a license by endorsement to any applicant
801 who, upon applying to the department on forms furnished by the
802 department and remitting a fee set by the board in an amount not
803 to exceed $500, the board certifies has:
804 (1) Met the requirements for licensure by endorsement under
805 s. 456.0145; or
806 (2) Met the requirements for licensure by endorsement under
807 s. 456.0145 except for s. 456.0145(2)(a)4. but has submitted
808 evidence to the board’s satisfaction of the successful
809 completion of either a board-approved postgraduate training
810 program within 2 years preceding the filing of an application or
811 a board-approved clinical competency examination within the year
812 preceding the filing of an application.
813 Section 9. Paragraph (i) of subsection (1) of section
814 458.3145, Florida Statutes, is amended to read:
815 458.3145 Medical faculty certificate.—
816 (1) A medical faculty certificate may be issued without
817 examination to an individual who meets all of the following
818 criteria:
819 (i) Has been offered and has accepted a full-time faculty
820 appointment to teach in a program of medicine at any of the
821 following institutions:
822 1. The University of Florida.
823 2. The University of Miami.
824 3. The University of South Florida.
825 4. The Florida State University.
826 5. The Florida International University.
827 6. The University of Central Florida.
828 7. The Mayo Clinic College of Medicine and Science in
829 Jacksonville, Florida.
830 8. The Florida Atlantic University.
831 9. The Johns Hopkins All Children’s Hospital in St.
832 Petersburg, Florida.
833 10. Nova Southeastern University.
834 11. Lake Erie College of Osteopathic Medicine in Bradenton,
835 Florida.
836 12. Burrell College of Osteopathic Medicine in Melbourne,
837 Florida.
838 13. The Orlando College of Osteopathic Medicine.
839 14. Lincoln Memorial University-DeBusk College of
840 Osteopathic Medicine in Orange Park, Florida.
841 15. Loma Linda University School of Medicine – AdventHealth
842 regional campuses in Orlando, Florida.
843 Section 10. Subsection (1) of section 458.315, Florida
844 Statutes, is amended to read:
845 458.315 Temporary certificate for practice in areas of
846 critical need.—
847 (1) A physician or physician assistant who is licensed to
848 practice in any jurisdiction of the United States and whose
849 license is currently valid may be issued a temporary certificate
850 for practice in areas of critical need. A physician seeking such
851 certificate must pay an application fee of $300. A physician
852 assistant licensed to practice in any state of the United States
853 or the District of Columbia whose license is currently valid may
854 be issued a temporary certificate for practice in areas of
855 critical need.
856 Section 11. Subsection (1) of section 459.0076, Florida
857 Statutes, is amended to read:
858 459.0076 Temporary certificate for practice in areas of
859 critical need.—
860 (1) A physician or physician assistant who holds a valid
861 license to practice in any jurisdiction of the United States may
862 be issued a temporary certificate for practice in areas of
863 critical need. A physician seeking such certificate must pay an
864 application fee of $300. A physician assistant licensed to
865 practice in any state of the United States or the District of
866 Columbia whose license is currently valid may be issued a
867 temporary certificate for practice in areas of critical need.
868 Section 12. Paragraph (a) of subsection (1) of section
869 458.3265, Florida Statutes, is amended to read:
870 458.3265 Pain-management clinics.—
871 (1) REGISTRATION.—
872 (a)1. As used in this section, the term:
873 a. “Board eligible” means successful completion of an
874 anesthesia, physical medicine and rehabilitation, rheumatology,
875 or neurology residency program approved by the Accreditation
876 Council for Graduate Medical Education or the American
877 Osteopathic Association for a period of 6 years from successful
878 completion of such residency program.
879 b. “Chronic nonmalignant pain” means pain unrelated to
880 cancer which persists beyond the usual course of disease or the
881 injury that is the cause of the pain or more than 90 days after
882 surgery.
883 c. “Pain-management clinic” or “clinic” means any publicly
884 or privately owned facility:
885 (I) That advertises in any medium for any type of pain
886 management services; or
887 (II) Where in any month a majority of patients are
888 prescribed opioids, benzodiazepines, barbiturates, or
889 carisoprodol for the treatment of chronic nonmalignant pain.
890 2. Each pain-management clinic must register with the
891 department or hold a valid certificate of exemption pursuant to
892 subsection (2).
893 3. The following clinics are exempt from the registration
894 requirement of paragraphs (c)-(m) and must apply to the
895 department for a certificate of exemption:
896 a. A clinic licensed as a facility pursuant to chapter 395;
897 b. A clinic in which the majority of the physicians who
898 provide services in the clinic primarily provide surgical
899 services;
900 c. A clinic owned by a publicly held corporation whose
901 shares are traded on a national exchange or on the over-the
902 counter market and whose total assets at the end of the
903 corporation’s most recent fiscal quarter exceeded $50 million;
904 d. A clinic affiliated with an accredited medical school at
905 which training is provided for medical students, residents, or
906 fellows;
907 e. A clinic that does not prescribe controlled substances
908 for the treatment of pain;
909 f. A clinic owned by a corporate entity exempt from federal
910 taxation under 26 U.S.C. s. 501(c)(3);
911 g. A clinic wholly owned and operated by one or more board
912 eligible or board-certified anesthesiologists, physiatrists,
913 rheumatologists, or neurologists; or
914 h. A clinic wholly owned and operated by a physician
915 multispecialty practice where one or more board-eligible or
916 board-certified medical specialists, who have also completed
917 fellowships in pain medicine approved by the Accreditation
918 Council for Graduate Medical Education or who are also board
919 certified in pain medicine by the American Board of Pain
920 Medicine or a board approved by the American Board of Medical
921 Specialties, the American Board of Physician Specialties
922 American Association of Physician Specialists, or the American
923 Osteopathic Association, perform interventional pain procedures
924 of the type routinely billed using surgical codes.
925 Section 13. Paragraph (a) of subsection (1) of section
926 458.3475, Florida Statutes, is amended to read:
927 458.3475 Anesthesiologist assistants.—
928 (1) DEFINITIONS.—As used in this section, the term:
929 (a) “Anesthesiologist” means an allopathic physician who
930 holds an active, unrestricted license; who has successfully
931 completed an anesthesiology training program approved by the
932 Accreditation Council on Graduate Medical Education or its
933 equivalent; and who is certified by the American Board of
934 Anesthesiology, is eligible to take that board’s examination, or
935 is certified by the Board of Certification in Anesthesiology
936 affiliated with the American Board of Physician Specialties
937 American Association of Physician Specialists.
938 Section 14. Paragraph (a) of subsection (1) of section
939 459.0137, Florida Statutes, is amended to read:
940 459.0137 Pain-management clinics.—
941 (1) REGISTRATION.—
942 (a)1. As used in this section, the term:
943 a. “Board eligible” means successful completion of an
944 anesthesia, physical medicine and rehabilitation, rheumatology,
945 or neurology residency program approved by the Accreditation
946 Council for Graduate Medical Education or the American
947 Osteopathic Association for a period of 6 years from successful
948 completion of such residency program.
949 b. “Chronic nonmalignant pain” means pain unrelated to
950 cancer which persists beyond the usual course of disease or the
951 injury that is the cause of the pain or more than 90 days after
952 surgery.
953 c. “Pain-management clinic” or “clinic” means any publicly
954 or privately owned facility:
955 (I) That advertises in any medium for any type of pain
956 management services; or
957 (II) Where in any month a majority of patients are
958 prescribed opioids, benzodiazepines, barbiturates, or
959 carisoprodol for the treatment of chronic nonmalignant pain.
960 2. Each pain-management clinic must register with the
961 department or hold a valid certificate of exemption pursuant to
962 subsection (2).
963 3. The following clinics are exempt from the registration
964 requirement of paragraphs (c)-(m) and must apply to the
965 department for a certificate of exemption:
966 a. A clinic licensed as a facility pursuant to chapter 395;
967 b. A clinic in which the majority of the physicians who
968 provide services in the clinic primarily provide surgical
969 services;
970 c. A clinic owned by a publicly held corporation whose
971 shares are traded on a national exchange or on the over-the
972 counter market and whose total assets at the end of the
973 corporation’s most recent fiscal quarter exceeded $50 million;
974 d. A clinic affiliated with an accredited medical school at
975 which training is provided for medical students, residents, or
976 fellows;
977 e. A clinic that does not prescribe controlled substances
978 for the treatment of pain;
979 f. A clinic owned by a corporate entity exempt from federal
980 taxation under 26 U.S.C. s. 501(c)(3);
981 g. A clinic wholly owned and operated by one or more board
982 eligible or board-certified anesthesiologists, physiatrists,
983 rheumatologists, or neurologists; or
984 h. A clinic wholly owned and operated by a physician
985 multispecialty practice where one or more board-eligible or
986 board-certified medical specialists, who have also completed
987 fellowships in pain medicine approved by the Accreditation
988 Council for Graduate Medical Education or the American
989 Osteopathic Association or who are also board-certified in pain
990 medicine by the American Board of Pain Medicine or a board
991 approved by the American Board of Medical Specialties, the
992 American Board of Physician Specialties American Association of
993 Physician Specialists, or the American Osteopathic Association,
994 perform interventional pain procedures of the type routinely
995 billed using surgical codes.
996 Section 15. Paragraph (a) of subsection (1) of section
997 459.023, Florida Statutes, is amended to read:
998 459.023 Anesthesiologist assistants.—
999 (1) DEFINITIONS.—As used in this section, the term:
1000 (a) “Anesthesiologist” means an osteopathic physician who
1001 holds an active, unrestricted license; who has successfully
1002 completed an anesthesiology training program approved by the
1003 Accreditation Council on Graduate Medical Education, or its
1004 equivalent, or the American Osteopathic Association; and who is
1005 certified by the American Osteopathic Board of Anesthesiology or
1006 is eligible to take that board’s examination, is certified by
1007 the American Board of Anesthesiology or is eligible to take that
1008 board’s examination, or is certified by the Board of
1009 Certification in Anesthesiology affiliated with the American
1010 Board of Physician Specialties American Association of Physician
1011 Specialists.
1012 Section 16. Section 486.112, Florida Statutes, is amended
1013 to read:
1014 486.112 Physical Therapy Licensure Compact.—The Physical
1015 Therapy Licensure Compact is hereby enacted into law and entered
1016 into by this state with all other jurisdictions legally joining
1017 therein in the form substantially as follows:
1018
1019 ARTICLE I
1020 PURPOSE AND OBJECTIVES
1021
1022 (1) The purpose of the compact is to facilitate interstate
1023 practice of physical therapy with the goal of improving public
1024 access to physical therapy services. The compact preserves the
1025 regulatory authority of member states to protect public health
1026 and safety through their current systems of state licensure. For
1027 purposes of state regulation under the compact, the practice of
1028 physical therapy is deemed to have occurred in the state where
1029 the patient is located at the time physical therapy is provided
1030 to the patient.
1031 (2) The compact is designed to achieve all of the following
1032 objectives:
1033 (a) Increase public access to physical therapy services by
1034 providing for the mutual recognition of other member state
1035 licenses.
1036 (b) Enhance the states’ ability to protect the public’s
1037 health and safety.
1038 (c) Encourage the cooperation of member states in
1039 regulating multistate physical therapy practice.
1040 (d) Support spouses of relocating military members.
1041 (e) Enhance the exchange of licensure, investigative, and
1042 disciplinary information between member states.
1043 (f) Allow a remote state to hold a provider of services
1044 with a compact privilege in that state accountable to that
1045 state’s practice standards.
1046
1047 ARTICLE II
1048 DEFINITIONS
1049
1050 As used in the compact, and except as otherwise provided,
1051 the term:
1052 (1) “Active duty military” means full-time duty status in
1053 the active uniformed service of the United States, including
1054 members of the National Guard and Reserve on active duty orders
1055 pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
1056 (2) “Adverse action” means disciplinary action taken by a
1057 physical therapy licensing board based upon misconduct,
1058 unacceptable performance, or a combination of both.
1059 (3) “Alternative program” means a nondisciplinary
1060 monitoring or practice remediation process approved by a state’s
1061 physical therapy licensing board. The term includes, but is not
1062 limited to, programs that address substance abuse issues.
1063 (4) “Compact privilege” means the authorization granted by
1064 a remote state to allow a licensee from another member state to
1065 practice as a physical therapist or physical therapist assistant
1066 in the remote state under its laws and rules.
1067 (5) “Continuing competence” means a requirement, as a
1068 condition of license renewal, to provide evidence of
1069 participation in, and completion of, educational and
1070 professional activities relevant to the practice of physical
1071 therapy.
1072 (6) “Data system” means the coordinated database and
1073 reporting system created by the Physical Therapy Compact
1074 Commission for the exchange of information between member states
1075 relating to licensees or applicants under the compact, including
1076 identifying information, licensure data, investigative
1077 information, adverse actions, nonconfidential information
1078 related to alternative program participation, any denials of
1079 applications for licensure, and other information as specified
1080 by commission rule.
1081 (7) “Encumbered license” means a license that a physical
1082 therapy licensing board has limited in any way.
1083 (8) “Executive board” means a group of directors elected or
1084 appointed to act on behalf of, and within the powers granted to
1085 them by, the commission.
1086 (9) “Home state” means the member state that is the
1087 licensee’s primary state of residence.
1088 (10) “Investigative information” means information,
1089 records, and documents received or generated by a physical
1090 therapy licensing board pursuant to an investigation.
1091 (11) “Jurisprudence requirement” means the assessment of an
1092 individual’s knowledge of the laws and rules governing the
1093 practice of physical therapy in a specific state.
1094 (12) “Licensee” means an individual who currently holds an
1095 authorization from a state to practice as a physical therapist
1096 or physical therapist assistant.
1097 (13) “Member state” means a state that has enacted the
1098 compact.
1099 (14) “Party state” means any member state in which a
1100 licensee holds a current license or compact privilege or is
1101 applying for a license or compact privilege.
1102 (15) “Physical therapist” means an individual licensed by a
1103 state to practice physical therapy.
1104 (16)(15) “Physical therapist assistant” means an individual
1105 licensed by a state to assist a physical therapist in specified
1106 areas of physical therapy.
1107 (17)(16) “Physical therapy” or “the practice of physical
1108 therapy” means the care and services provided by or under the
1109 direction and supervision of a licensed physical therapist.
1110 (18)(17) “Physical Therapy Compact Commission” or
1111 “commission” means the national administrative body whose
1112 membership consists of all states that have enacted the compact.
1113 (19)(18) “Physical therapy licensing board” means the
1114 agency of a state which is responsible for the licensing and
1115 regulation of physical therapists and physical therapist
1116 assistants.
1117 (20)(19) “Remote state” means a member state other than the
1118 home state where a licensee is exercising or seeking to exercise
1119 the compact privilege.
1120 (21)(20) “Rule” means a regulation, principle, or directive
1121 adopted by the commission which has the force of law.
1122 (22)(21) “State” means any state, commonwealth, district,
1123 or territory of the United States of America which regulates the
1124 practice of physical therapy.
1125
1126 ARTICLE III
1127 STATE PARTICIPATION IN THE COMPACT
1128
1129 (1) To participate in the compact, a state must do all of
1130 the following:
1131 (a) Participate fully in the commission’s data system,
1132 including using the commission’s unique identifier, as defined
1133 by commission rule.
1134 (b) Have a mechanism in place for receiving and
1135 investigating complaints about licensees.
1136 (c) Notify the commission, in accordance with the terms of
1137 the compact and rules, of any adverse action or the availability
1138 of investigative information regarding a licensee.
1139 (d) Fully implement a criminal background check
1140 requirement, within a timeframe established by commission rule,
1141 which uses results from the Federal Bureau of Investigation
1142 record search on criminal background checks to make licensure
1143 decisions in accordance with subsection (2).
1144 (e) Comply with the commission’s rules.
1145 (f) Use a recognized national examination as a requirement
1146 for licensure pursuant to the commission’s rules.
1147 (g) Have continuing competence requirements as a condition
1148 for license renewal.
1149 (2) Upon adoption of the compact, a member state has the
1150 authority to obtain biometric-based information from each
1151 licensee applying for a compact privilege and submit this
1152 information to the Federal Bureau of Investigation for a
1153 criminal background check in accordance with 28 U.S.C. s. 534
1154 and 34 U.S.C. s. 40316.
1155 (3) A member state must grant the compact privilege to a
1156 licensee holding a valid unencumbered license in another member
1157 state in accordance with the terms of the compact and rules.
1158
1159 ARTICLE IV
1160 COMPACT PRIVILEGE
1161
1162 (1) To exercise the compact privilege under the compact, a
1163 licensee must satisfy all of the following conditions:
1164 (a) Hold a license in the home state.
1165 (b) Not have an encumbrance on any state license.
1166 (c) Be eligible for a compact privilege in all member
1167 states in accordance with subsections (4), (7), and (8).
1168 (d) Not have had an adverse action against any license or
1169 compact privilege within the preceding 2 years.
1170 (e) Notify the commission that the licensee is seeking the
1171 compact privilege within a remote state.
1172 (f) Meet any jurisprudence requirements established by the
1173 remote state in which the licensee is seeking a compact
1174 privilege.
1175 (g) Report to the commission adverse action taken by any
1176 nonmember state within 30 days after the date the adverse action
1177 is taken.
1178 (2) The compact privilege is valid until the expiration
1179 date of the home license. The licensee must continue to meet the
1180 requirements of subsection (1) to maintain the compact privilege
1181 in a remote state.
1182 (3) A licensee providing physical therapy in a remote state
1183 under the compact privilege must comply with the laws and rules
1184 of the remote state.
1185 (4) A licensee providing physical therapy in a remote state
1186 is subject to that state’s regulatory authority. A remote state
1187 may, in accordance with due process and that state’s laws,
1188 remove a licensee’s compact privilege in the remote state for a
1189 specific period of time, impose fines, and take any other
1190 necessary actions to protect the health and safety of its
1191 citizens. The licensee is not eligible for a compact privilege
1192 in any member state until the specific period of time for
1193 removal has ended and all fines are paid.
1194 (5) If a home state license is encumbered, the licensee
1195 loses the compact privilege in any remote state until the
1196 following conditions are met:
1197 (a) The home state license is no longer encumbered.
1198 (b) Two years have elapsed from the date of the adverse
1199 action.
1200 (6) Once an encumbered license in the home state is
1201 restored to good standing, the licensee must meet the
1202 requirements of subsection (1) to obtain a compact privilege in
1203 any remote state.
1204 (7) If a licensee’s compact privilege in any remote state
1205 is removed, the licensee loses the compact privilege in all
1206 remote states until all of the following conditions are met:
1207 (a) The specific period of time for which the compact
1208 privilege was removed has ended.
1209 (b) All fines have been paid.
1210 (c) Two years have elapsed from the date of the adverse
1211 action.
1212 (8) Once the requirements of subsection (7) have been met,
1213 the licensee must meet the requirements of subsection (1) to
1214 obtain a compact privilege in a remote state.
1215
1216 ARTICLE V
1217 ACTIVE DUTY MILITARY PERSONNEL
1218 AND THEIR SPOUSES
1219
1220 A licensee who is active duty military or is the spouse of
1221 an individual who is active duty military may choose any of the
1222 following locations to designate his or her home state:
1223 (1) Home of record.
1224 (2) Permanent change of station location.
1225 (3) State of current residence, if it is different from the
1226 home of record or permanent change of station location.
1227
1228 ARTICLE VI
1229 ADVERSE ACTIONS
1230
1231 (1) A home state has exclusive power to impose adverse
1232 action against a license issued by the home state.
1233 (2) A home state may take adverse action based on the
1234 investigative information of a remote state, so long as the home
1235 state follows its own procedures for imposing adverse action.
1236 (3) The compact does not override a member state’s decision
1237 that participation in an alternative program may be used in lieu
1238 of adverse action and that such participation remain nonpublic
1239 if required by the member state’s laws. Member states must
1240 require licensees who enter any alternative programs in lieu of
1241 discipline to agree not to practice in any other member state
1242 during the term of the alternative program without prior
1243 authorization from such other member state.
1244 (4) A member state may investigate actual or alleged
1245 violations of the laws and rules for the practice of physical
1246 therapy committed in any other member state by a physical
1247 therapist or physical therapist assistant practicing under the
1248 compact who holds a license or compact privilege in such other
1249 member state.
1250 (5) A remote state may do any of the following:
1251 (a) Take adverse actions as set forth in subsection (4) of
1252 Article IV against a licensee’s compact privilege in the state.
1253 (b) Issue subpoenas for both hearings and investigations
1254 which require the attendance and testimony of witnesses and the
1255 production of evidence. Subpoenas issued by a physical therapy
1256 licensing board in a party member state for the attendance and
1257 testimony of witnesses or for the production of evidence from
1258 another party member state must be enforced in the latter state
1259 by any court of competent jurisdiction, according to the
1260 practice and procedure of that court applicable to subpoenas
1261 issued in proceedings pending before it. The issuing authority
1262 shall pay any witness fees, travel expenses, mileage, and other
1263 fees required by the service laws of the state where the
1264 witnesses or evidence is located.
1265 (c) If otherwise permitted by state law, recover from the
1266 licensee the costs of investigations and disposition of cases
1267 resulting from any adverse action taken against that licensee.
1268 (6)(a) In addition to the authority granted to a member
1269 state by its respective physical therapy practice act or other
1270 applicable state law, a member state may participate with other
1271 member states in joint investigations of licensees.
1272 (b) Member states shall share any investigative,
1273 litigation, or compliance materials in furtherance of any joint
1274 or individual investigation initiated under the compact.
1275
1276 ARTICLE VII
1277 ESTABLISHMENT OF THE
1278 PHYSICAL THERAPY COMPACT COMMISSION
1279
1280 (1) COMMISSION CREATED.—The member states hereby create and
1281 establish a joint public agency known as the Physical Therapy
1282 Compact Commission:
1283 (a) The commission is an instrumentality of the member
1284 states.
1285 (b) Venue is proper, and judicial proceedings by or against
1286 the commission must be brought solely and exclusively, in a
1287 court of competent jurisdiction where the principal office of
1288 the commission is located. The commission may waive venue and
1289 jurisdictional defenses to the extent it adopts or consents to
1290 participate in alternative dispute resolution proceedings.
1291 (c) The compact may not be construed to be a waiver of
1292 sovereign immunity.
1293 (2) MEMBERSHIP, VOTING, AND MEETINGS.—
1294 (a) Each member state has and is limited to one delegate
1295 selected by that member state’s physical therapy licensing board
1296 to serve on the commission. The delegate must be a current
1297 member of the physical therapy licensing board who is a physical
1298 therapist, a physical therapist assistant, a public member, or
1299 the board administrator.
1300 (b) A delegate may be removed or suspended from office as
1301 provided by the law of the state from which the delegate is
1302 appointed. Any vacancy occurring on the commission must be
1303 filled by the physical therapy licensing board of the member
1304 state for which the vacancy exists.
1305 (c) Each delegate is entitled to one vote with regard to
1306 the adoption of rules and bylaws and shall otherwise have an
1307 opportunity to participate in the business and affairs of the
1308 commission.
1309 (d) A delegate shall vote in person or by such other means
1310 as provided in the bylaws. The bylaws may provide for delegates’
1311 participation in meetings by telephone or other means of
1312 communication.
1313 (e) The commission shall meet at least once during each
1314 calendar year. Additional meetings may be held as set forth in
1315 the bylaws.
1316 (f) All meetings must be open to the public, and public
1317 notice of meetings must be given in the same manner as required
1318 under the rulemaking provisions in Article IX.
1319 (g) The commission or the executive board or other
1320 committees of the commission may convene in a closed, nonpublic
1321 meeting if the commission or executive board or other committees
1322 of the commission must discuss any of the following:
1323 1. Noncompliance of a member state with its obligations
1324 under the compact.
1325 2. The employment, compensation, or discipline of, or other
1326 matters, practices, or procedures related to, specific employees
1327 or other matters related to the commission’s internal personnel
1328 practices and procedures.
1329 3. Current, threatened, or reasonably anticipated
1330 litigation against the commission, executive board, or other
1331 committees of the commission.
1332 4. Negotiation of contracts for the purchase, lease, or
1333 sale of goods, services, or real estate.
1334 5. An accusation of any person of a crime or a formal
1335 censure of any person.
1336 6. Information disclosing trade secrets or commercial or
1337 financial information that is privileged or confidential.
1338 7. Information of a personal nature where disclosure would
1339 constitute a clearly unwarranted invasion of personal privacy.
1340 8. Investigatory records compiled for law enforcement
1341 purposes.
1342 9. Information related to any investigative reports
1343 prepared by or on behalf of or for use of the commission or
1344 other committee charged with responsibility for investigation or
1345 determination of compliance issues pursuant to the compact.
1346 10. Matters specifically exempted from disclosure by
1347 federal or member state statute.
1348 (h) If a meeting, or portion of a meeting, is closed
1349 pursuant to this subsection, the commission’s legal counsel or
1350 designee must certify that the meeting may be closed and must
1351 reference each relevant exempting provision.
1352 (i) The commission shall keep minutes that fully and
1353 clearly describe all matters discussed in a meeting and shall
1354 provide a full and accurate summary of actions taken and the
1355 reasons therefor, including a description of the views
1356 expressed. All documents considered in connection with an action
1357 must be identified in the minutes. All minutes and documents of
1358 a closed meeting must remain under seal, subject to release only
1359 by a majority vote of the commission or order of a court of
1360 competent jurisdiction.
1361 (3) DUTIES.—The commission shall do all of the following:
1362 (a) Establish the fiscal year of the commission.
1363 (b) Establish bylaws.
1364 (c) Maintain its financial records in accordance with the
1365 bylaws.
1366 (d) Meet and take such actions as are consistent with the
1367 provisions of the compact and the bylaws.
1368 (4) POWERS.—The commission may do any of the following:
1369 (a) Adopt uniform rules to facilitate and coordinate
1370 implementation and administration of the compact. The rules have
1371 the force and effect of law and are binding in all member
1372 states.
1373 (b) Bring and prosecute legal proceedings or actions in the
1374 name of the commission, provided that the standing of any state
1375 physical therapy licensing board to sue or be sued under
1376 applicable law is not affected.
1377 (c) Purchase and maintain insurance and bonds.
1378 (d) Borrow, accept, or contract for services of personnel,
1379 including, but not limited to, employees of a member state.
1380 (e) Hire employees and elect or appoint officers; fix the
1381 compensation of, define the duties of, and grant appropriate
1382 authority to such individuals to carry out the purposes of the
1383 compact; and establish the commission’s personnel policies and
1384 programs relating to conflicts of interest, qualifications of
1385 personnel, and other related personnel matters.
1386 (f) Accept any appropriate donations and grants of money,
1387 equipment, supplies, materials, and services and receive, use,
1388 and dispose of the same, provided that at all times the
1389 commission avoids any appearance of impropriety or conflict of
1390 interest.
1391 (g) Lease, purchase, accept appropriate gifts or donations
1392 of, or otherwise own, hold, improve, or use any property, real,
1393 personal, or mixed, provided that at all times the commission
1394 avoids any appearance of impropriety or conflict of interest.
1395 (h) Sell, convey, mortgage, pledge, lease, exchange,
1396 abandon, or otherwise dispose of any property, real, personal,
1397 or mixed.
1398 (i) Establish a budget and make expenditures.
1399 (j) Borrow money.
1400 (k) Appoint committees, including standing committees
1401 composed of members, state regulators, state legislators or
1402 their representatives, and consumer representatives, and such
1403 other interested persons as may be designated in the compact and
1404 the bylaws.
1405 (l) Provide information to, receive information from, and
1406 cooperate with law enforcement agencies.
1407 (m) Establish and elect an executive board.
1408 (n) Perform such other functions as may be necessary or
1409 appropriate to achieve the purposes of the compact consistent
1410 with the state regulation of physical therapy licensure and
1411 practice.
1412 (5) THE EXECUTIVE BOARD.—
1413 (a) The executive board may act on behalf of the commission
1414 according to the terms of the compact.
1415 (b) The executive board shall be composed of the following
1416 nine members:
1417 1. Seven voting members who are elected by the commission
1418 from the current membership of the commission.
1419 2. One ex officio, nonvoting member from the recognized
1420 national physical therapy professional association.
1421 3. One ex officio, nonvoting member from the recognized
1422 membership organization of the physical therapy licensing
1423 boards.
1424 (c) The ex officio members shall be selected by their
1425 respective organizations.
1426 (d) The commission may remove any member of the executive
1427 board as provided in its bylaws.
1428 (e) The executive board shall meet at least annually.
1429 (f) The executive board shall do all of the following:
1430 1. Recommend to the entire commission changes to the rules
1431 or bylaws, compact legislation, fees paid by compact member
1432 states, such as annual dues, and any commission compact fee
1433 charged to licensees for the compact privilege.
1434 2. Ensure compact administration services are appropriately
1435 provided, contractually or otherwise.
1436 3. Prepare and recommend the budget.
1437 4. Maintain financial records on behalf of the commission.
1438 5. Monitor compact compliance of member states and provide
1439 compliance reports to the commission.
1440 6. Establish additional committees as necessary.
1441 7. Perform other duties as provided in the rules or bylaws.
1442 (6) FINANCING OF THE COMMISSION.—
1443 (a) The commission shall pay, or provide for the payment
1444 of, the reasonable expenses of its establishment, organization,
1445 and ongoing activities.
1446 (b) The commission may accept any appropriate revenue
1447 sources, donations, and grants of money, equipment, supplies,
1448 materials, and services.
1449 (c) The commission may levy and collect an annual
1450 assessment from each member state or impose fees on other
1451 parties to cover the cost of the operations and activities of
1452 the commission and its staff. Such assessments and fees must
1453 total to an amount sufficient to cover the commission’s annual
1454 budget as approved each year for which revenue is not provided
1455 by other sources. The aggregate annual assessment amount must be
1456 allocated based upon a formula to be determined by the
1457 commission, which shall adopt a rule binding upon all member
1458 states.
1459 (d) The commission may not incur obligations of any kind
1460 before securing the funds adequate to meet such obligations; nor
1461 may the commission pledge the credit of any of the member
1462 states, except by and with the authority of the member state.
1463 (e) The commission shall keep accurate accounts of all
1464 receipts and disbursements. The receipts and disbursements of
1465 the commission are subject to the audit and accounting
1466 procedures established under its bylaws. However, all receipts
1467 and disbursements of funds handled by the commission must be
1468 audited yearly by a certified or licensed public accountant, and
1469 the report of the audit must be included in and become part of
1470 the annual report of the commission.
1471 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
1472 (a) The members, officers, executive director, employees,
1473 and representatives of the commission are immune from suit and
1474 liability, whether personally or in their official capacity, for
1475 any claim for damage to or loss of property or personal injury
1476 or other civil liability caused by or arising out of any actual
1477 or alleged act, error, or omission that occurred, or that the
1478 person against whom the claim is made had a reasonable basis for
1479 believing occurred, within the scope of commission employment,
1480 duties, or responsibilities. However, this paragraph may not be
1481 construed to protect any such person from suit or liability for
1482 any damage, loss, injury, or liability caused by the
1483 intentional, willful, or wanton misconduct of that person.
1484 (b) The commission shall defend any member, officer,
1485 executive director, employee, or representative of the
1486 commission in any civil action seeking to impose liability
1487 arising out of any actual or alleged act, error, or omission
1488 that occurred within the scope of commission employment, duties,
1489 or responsibilities, or that the person against whom the claim
1490 is made had a reasonable basis for believing occurred within the
1491 scope of commission employment, duties, or responsibilities.
1492 However, this subsection may not be construed to prohibit any
1493 member, officer, executive director, employee, or representative
1494 of the commission from retaining his or her own counsel or to
1495 require the commission to defend such person if the actual or
1496 alleged act, error, or omission resulted from that person’s
1497 intentional, willful, or wanton misconduct.
1498 (c) The commission shall indemnify and hold harmless any
1499 member, officer, executive director, employee, or representative
1500 of the commission for the amount of any settlement or judgment
1501 obtained against that person arising out of any actual or
1502 alleged act, error, or omission that occurred within the scope
1503 of commission employment, duties, or responsibilities, or that
1504 such person had a reasonable basis for believing occurred within
1505 the scope of commission employment, duties, or responsibilities,
1506 provided that the actual or alleged act, error, or omission did
1507 not result from the intentional, willful, or wanton misconduct
1508 of that person.
1509
1510 ARTICLE VIII
1511 DATA SYSTEM
1512
1513 (1) The commission shall provide for the development,
1514 maintenance, and use of a coordinated database and reporting
1515 system containing licensure, adverse action, and investigative
1516 information on all licensees in member states.
1517 (2) Notwithstanding any other provision of state law to the
1518 contrary, a member state shall submit a uniform data set to the
1519 data system on all individuals to whom the compact is applicable
1520 as required by the rules of the commission, which data set must
1521 include all of the following:
1522 (a) Identifying information.
1523 (b) Licensure data.
1524 (c) Investigative information.
1525 (d) Adverse actions against a license or compact privilege.
1526 (e) Nonconfidential information related to alternative
1527 program participation.
1528 (f) Any denial of application for licensure, and the reason
1529 for such denial.
1530 (g) Other information that may facilitate the
1531 administration of the compact, as determined by the rules of the
1532 commission.
1533 (3) Investigative information in the system pertaining to a
1534 licensee in any member state must be available only to other
1535 party member states.
1536 (4) The commission shall promptly notify all member states
1537 of any adverse action taken against a licensee or an individual
1538 applying for a license in a member state. Adverse action
1539 information pertaining to a licensee in any member state must be
1540 available to all other member states.
1541 (5) Member states contributing information to the data
1542 system may designate information that may not be shared with the
1543 public without the express permission of the contributing state.
1544 (6) Any information submitted to the data system which is
1545 subsequently required to be expunged by the laws of the member
1546 state contributing the information must be removed from the data
1547 system.
1548
1549 ARTICLE IX
1550 RULEMAKING
1551
1552 (1) The commission shall exercise its rulemaking powers
1553 pursuant to the criteria set forth in this article and the rules
1554 adopted thereunder. Rules and amendments become binding as of
1555 the date specified in each rule or amendment.
1556 (2) If a majority of the legislatures of the member states
1557 rejects a rule by enactment of a statute or resolution in the
1558 same manner used to adopt the compact within 4 years after the
1559 date of adoption of the rule, such rule does not have further
1560 force and effect in any member state.
1561 (3) Rules or amendments to the rules must be adopted at a
1562 regular or special meeting of the commission.
1563 (4) Before adoption of a final rule by the commission, and
1564 at least 30 days before the meeting at which the rule will be
1565 considered and voted upon, the commission must file a notice of
1566 proposed rulemaking on all of the following:
1567 (a) The website of the commission or another publicly
1568 accessible platform.
1569 (b) The website of each member state physical therapy
1570 licensing board or another publicly accessible platform or the
1571 publication in which each state would otherwise publish proposed
1572 rules.
1573 (5) The notice of proposed rulemaking must include all of
1574 the following:
1575 (a) The proposed date, time, and location of the meeting in
1576 which the rule or amendment will be considered and voted upon.
1577 (b) The text of the proposed rule or amendment and the
1578 reason for the proposed rule.
1579 (c) A request for comments on the proposed rule or
1580 amendment from any interested person.
1581 (d) The manner in which interested persons may submit
1582 notice to the commission of their intention to attend the public
1583 hearing and any written comments.
1584 (6) Before adoption of a proposed rule or amendment, the
1585 commission must allow persons to submit written data, facts,
1586 opinions, and arguments, which must be made available to the
1587 public.
1588 (7) The commission must grant an opportunity for a public
1589 hearing before it adopts a rule or an amendment if a hearing is
1590 requested by any of the following:
1591 (a) At least 25 persons.
1592 (b) A state or federal governmental subdivision or agency.
1593 (c) An association having at least 25 members.
1594 (8) If a scheduled public hearing is held on the proposed
1595 rule or amendment, the commission must publish the date, time,
1596 and location of the hearing. If the hearing is held through
1597 electronic means, the commission must publish the mechanism for
1598 access to the electronic hearing.
1599 (a) All persons wishing to be heard at the hearing must
1600 notify the executive director of the commission or another
1601 designated member in writing of their desire to appear and
1602 testify at the hearing at least 5 business days before the
1603 scheduled date of the hearing.
1604 (b) Hearings must be conducted in a manner providing each
1605 person who wishes to comment a fair and reasonable opportunity
1606 to comment orally or in writing.
1607 (c) All hearings must be recorded. A copy of the recording
1608 must be made available on request.
1609 (d) This article may not be construed to require a separate
1610 hearing on each rule. Rules may be grouped for the convenience
1611 of the commission at hearings required by this article.
1612 (9) Following the scheduled hearing date, or by the close
1613 of business on the scheduled hearing date if the hearing was not
1614 held, the commission shall consider all written and oral
1615 comments received.
1616 (10) If no written notice of intent to attend the public
1617 hearing by interested parties is received, the commission may
1618 proceed with adoption of the proposed rule without a public
1619 hearing.
1620 (11) The commission shall, by majority vote of all members,
1621 take final action on the proposed rule and shall determine the
1622 effective date of the rule, if any, based on the rulemaking
1623 record and the full text of the rule.
1624 (12) Upon determination that an emergency exists, the
1625 commission may consider and adopt an emergency rule without
1626 prior notice, opportunity for comment, or hearing, provided that
1627 the usual rulemaking procedures provided in the compact and in
1628 this article are retroactively applied to the rule as soon as
1629 reasonably possible, in no event later than 90 days after the
1630 effective date of the rule. For the purposes of this subsection,
1631 an emergency rule is one that must be adopted immediately in
1632 order to do any of the following:
1633 (a) Meet an imminent threat to public health, safety, or
1634 welfare.
1635 (b) Prevent a loss of commission or member state funds.
1636 (c) Meet a deadline for the adoption of an administrative
1637 rule established by federal law or rule.
1638 (d) Protect public health and safety.
1639 (13) The commission or an authorized committee of the
1640 commission may direct revisions to a previously adopted rule or
1641 amendment for purposes of correcting typographical errors,
1642 errors in format, errors in consistency, or grammatical errors.
1643 Public notice of any revisions must be posted on the website of
1644 the commission. The revision is subject to challenge by any
1645 person for a period of 30 days after posting. The revision may
1646 be challenged only on grounds that the revision results in a
1647 material change to a rule. A challenge must be made in writing
1648 and delivered to the chair of the commission before the end of
1649 the notice period. If a challenge is not made, the revision
1650 takes effect without further action. If the revision is
1651 challenged, the revision may not take effect without the
1652 approval of the commission.
1653
1654 ARTICLE X
1655 OVERSIGHT, DISPUTE RESOLUTION,
1656 AND ENFORCEMENT
1657
1658 (1) OVERSIGHT.—
1659 (a) The executive, legislative, and judicial branches of
1660 state government in each member state shall enforce the compact
1661 and take all actions necessary and appropriate to carry out the
1662 compact’s purposes and intent. The provisions of the compact and
1663 the rules adopted pursuant thereto shall have standing as
1664 statutory law.
1665 (b) All courts shall take judicial notice of the compact
1666 and the rules in any judicial or administrative proceeding in a
1667 member state pertaining to the subject matter of the compact
1668 which may affect the powers, responsibilities, or actions of the
1669 commission.
1670 (c) The commission is entitled to receive service of
1671 process in any such proceeding and has standing to intervene in
1672 such a proceeding for all purposes. Failure to provide service
1673 of process to the commission renders a judgment or an order void
1674 as to the commission, the compact, or the adopted rules.
1675 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
1676 (a) If the commission determines that a member state has
1677 defaulted in the performance of its obligations or
1678 responsibilities under the compact or the adopted rules, the
1679 commission must do all of the following:
1680 1. Provide written notice to the defaulting state and other
1681 member states of the nature of the default, the proposed means
1682 of curing the default, and any other action to be taken by the
1683 commission.
1684 2. Provide remedial training and specific technical
1685 assistance regarding the default.
1686 (b) If a state in default fails to cure the default, the
1687 defaulting state may be terminated from the compact upon an
1688 affirmative vote of a majority of the member states, and all
1689 rights, privileges, and benefits conferred by the compact may be
1690 terminated on the effective date of termination. A cure of the
1691 default does not relieve the offending state of obligations or
1692 liabilities incurred during the period of default.
1693 (c) Termination of membership in the compact may be imposed
1694 only after all other means of securing compliance have been
1695 exhausted. The commission shall give notice of intent to suspend
1696 or terminate a defaulting member state to the governor and
1697 majority and minority leaders of the defaulting state’s
1698 legislature and to each of the member states.
1699 (d) A state that has been terminated from the compact is
1700 responsible for all assessments, obligations, and liabilities
1701 incurred through the effective date of termination, including
1702 obligations that extend beyond the effective date of
1703 termination.
1704 (e) The commission does not bear any costs related to a
1705 state that is found to be in default or that has been terminated
1706 from the compact, unless agreed upon in writing between the
1707 commission and the defaulting state.
1708 (f) The defaulting state may appeal the action of the
1709 commission by petitioning the United States District Court for
1710 the District of Columbia or the federal district where the
1711 commission has its principal offices. The prevailing member
1712 shall be awarded all costs of such litigation, including
1713 reasonable attorney fees.
1714 (3) DISPUTE RESOLUTION.—
1715 (a) Upon request by a member state, the commission must
1716 attempt to resolve disputes related to the compact which arise
1717 among member states and between member and nonmember states.
1718 (b) The commission shall adopt a rule providing for both
1719 mediation and binding dispute resolution for disputes as
1720 appropriate.
1721 (4) ENFORCEMENT.—
1722 (a) The commission, in the reasonable exercise of its
1723 discretion, shall enforce the compact and the commission’s
1724 rules.
1725 (b) By majority vote, the commission may initiate legal
1726 action in the United States District Court for the District of
1727 Columbia or the federal district where the commission has its
1728 principal offices against a member state in default to enforce
1729 compliance with the provisions of the compact and its adopted
1730 rules and bylaws. The relief sought may include both injunctive
1731 relief and damages. In the event judicial enforcement is
1732 necessary, the prevailing member shall be awarded all costs of
1733 such litigation, including reasonable attorney fees.
1734 (c) The remedies under this article are not the exclusive
1735 remedies of the commission. The commission may pursue any other
1736 remedies available under federal or state law.
1737
1738 ARTICLE XI
1739 DATE OF IMPLEMENTATION OF THE
1740 PHYSICAL THERAPY COMPACT
1741 AND ASSOCIATED RULES;
1742 WITHDRAWAL; AND AMENDMENTS
1743
1744 (1) The compact becomes effective on the date that the
1745 compact statute is enacted into law in the tenth member state.
1746 The provisions that become effective at that time are limited to
1747 the powers granted to the commission relating to assembly and
1748 the adoption of rules. Thereafter, the commission shall meet and
1749 exercise rulemaking powers necessary for the implementation and
1750 administration of the compact.
1751 (2) Any state that joins the compact subsequent to the
1752 commission’s initial adoption of the rules is subject to the
1753 rules as they exist on the date that the compact becomes law in
1754 that state. Any rule that has been previously adopted by the
1755 commission has the full force and effect of law on the day the
1756 compact becomes law in that state.
1757 (3) Any member state may withdraw from the compact by
1758 enacting a statute repealing the same.
1759 (a) A member state’s withdrawal does not take effect until
1760 6 months after enactment of the repealing statute.
1761 (b) Withdrawal does not affect the continuing requirement
1762 of the withdrawing state’s physical therapy licensing board to
1763 comply with the investigative and adverse action reporting
1764 requirements of this act before the effective date of
1765 withdrawal.
1766 (4) The compact may not be construed to invalidate or
1767 prevent any physical therapy licensure agreement or other
1768 cooperative arrangement between a member state and a nonmember
1769 state which does not conflict with the provisions of the
1770 compact.
1771 (5) The compact may be amended by the member states. An
1772 amendment to the compact does not become effective and binding
1773 upon any member state until it is enacted into the laws of all
1774 member states.
1775
1776 ARTICLE XII
1777 CONSTRUCTION AND SEVERABILITY
1778
1779 The compact must be liberally construed so as to carry out
1780 the purposes thereof. The provisions of the compact are
1781 severable, and if any phrase, clause, sentence, or provision of
1782 the compact is declared to be contrary to the constitution of
1783 any party member state or of the United States or the
1784 applicability thereof to any government, agency, person, or
1785 circumstance is held invalid, the validity of the remainder of
1786 the compact and the applicability thereof to any government,
1787 agency, person, or circumstance is not affected thereby. If the
1788 compact is held contrary to the constitution of any party member
1789 state, the compact remains in full force and effect as to the
1790 remaining party member states and in full force and effect as to
1791 the party member state affected as to all severable matters.
1792 Section 17. Except as otherwise expressly provided in this
1793 act and except for this section, which shall take effect upon
1794 this act becoming a law, or, if this act fails to become a law
1795 until after June 1, 2025, it shall take effect upon becoming a
1796 law and shall operate retroactively to June 1, 2025, this act
1797 shall take effect July 1, 2025.
1798
1799 ================= T I T L E A M E N D M E N T ================
1800 And the title is amended as follows:
1801 Delete everything before the enacting clause
1802 and insert:
1803 A bill to be entitled
1804 An act relating to the Department of Health; amending
1805 chapter 2023-43, Laws of Florida; revising the repeal
1806 date of the definition of the term “messenger
1807 ribonucleic acid vaccine”; providing for contingent
1808 retroactive operation; reenacting ss. 381.00316(2)(g)
1809 and 381.00319(1)(e), F.S., relating to the prohibition
1810 on discrimination by governmental and business
1811 entities based on health care choices and the
1812 prohibition on mask mandates and vaccination and
1813 testing mandates for educational institutions,
1814 respectively, for purposes of preserving the
1815 definition of the term “messenger ribonucleic acid
1816 vaccine,” notwithstanding its scheduled repeal;
1817 amending s. 381.986, F.S.; defining terms for purposes
1818 of background screening requirements for persons
1819 affiliated with medical marijuana treatment centers;
1820 requiring medical marijuana treatment centers to
1821 notify the Department of Health through e-mail within
1822 a specified timeframe after an actual or attempted
1823 theft, diversion, or loss of marijuana; requiring
1824 medical marijuana treatment centers to report
1825 attempted thefts, in addition to actual thefts, to law
1826 enforcement within a specified timeframe; amending s.
1827 381.988, F.S.; defining terms for purposes of
1828 background screening requirements for persons
1829 affiliated with medical marijuana testing
1830 laboratories; amending s. 456.0145, F.S.; revising
1831 eligibility criteria for licensure by endorsement
1832 under the MOBILE Act; amending s. 456.44, F.S.;
1833 revising the definition of the term “board-certified
1834 pain management physician” to replace the term
1835 “American Association of Physician Specialists” with
1836 “American Board of Physician Specialties”; making a
1837 technical change; amending s. 458.313, F.S.; revising
1838 the qualifications required for a person seeking
1839 licensure by endorsement as an allopathic physician;
1840 amending s. 458.3145, F.S.; revising the list of
1841 institutions at which the department is authorized to
1842 issue a medical faculty certificate to an individual
1843 who has been offered and has accepted a full-time
1844 faculty appointment; amending ss. 458.315 and
1845 459.0076, F.S.; revising criteria authorizing
1846 physician assistants to be issued temporary
1847 certificates for practice in areas of critical need;
1848 amending ss. 458.3265, 458.3475, 459.0137, and
1849 459.023, F.S.; revising definitions to replace the
1850 term “American Association of Physician Specialists”
1851 with “American Board of Physician Specialties”;
1852 amending s. 486.112, F.S.; defining the term “party
1853 state”; authorizing a remote state to issue subpoenas
1854 to individuals to testify or for the production of
1855 evidence from a party located in a party state;
1856 providing that such subpoenas are enforceable in the
1857 party state; requiring that investigative information
1858 pertaining to certain licensees in a certain system be
1859 available only to other party states; revising
1860 construction and severability of the compact to
1861 conform to changes made by the act; providing
1862 effective dates.