Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1427, 1st Eng.
Ì189260'Î189260
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/2R .
04/30/2025 07:12 PM .
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Senator Simon moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (h) is added to subsection (2) of
6 section 381.402, Florida Statutes, and paragraph (b) of
7 subsection (3) of that section is amended, to read:
8 381.402 Florida Reimbursement Assistance for Medical
9 Education Program.—
10 (2) The following licensed or certified health care
11 practitioners are eligible to participate in the program:
12 (h) Medical doctors or doctors of osteopathic medicine who
13 are board certified or board eligible in emergency medicine and
14 employed by or under contract with a rural hospital as defined
15 in s. 395.602(2)(b) or a rural emergency hospital as defined in
16 s. 395.607(1)(a) to provide medical care in the rural hospital’s
17 or rural emergency hospital’s emergency department.
18
19 Primary care medical specialties for physicians include
20 obstetrics, gynecology, general and family practice, geriatrics,
21 internal medicine, pediatrics, psychiatry, and other specialties
22 which may be identified by the Department of Health.
23 (3) From the funds available, the Department of Health
24 shall make payments as follows:
25 (b) All payments are contingent on continued proof of:
26 1.a. Primary care practice in a rural hospital as defined
27 in s. 395.602(2)(b) or an underserved area designated by the
28 Department of Health, provided the practitioner accepts Medicaid
29 reimbursement if eligible for such reimbursement; or
30 b. Emergency medicine practice in a rural hospital as
31 defined in s. 395.602(2)(b) or rural emergency hospital as
32 defined in s. 395.607(1)(a), provided the practitioner accepts
33 Medicaid reimbursement if eligible for such reimbursement; or
34 c.b. For practitioners other than physicians, practice in
35 other settings, including, but not limited to, a nursing home
36 facility as defined in s. 400.021, a home health agency as
37 defined in s. 400.462, or an intermediate care facility for the
38 developmentally disabled as defined in s. 400.960. Any such
39 setting must be located in, or serve residents or patients in,
40 an underserved area designated by the Department of Health and
41 must provide services to Medicaid patients.
42 2. Providing 25 hours annually of volunteer primary care
43 services within the practitioner’s scope of practice in a free
44 clinic as specified in s. 766.1115(3)(d)14. or through another
45 volunteer program operated by the state pursuant to part IV of
46 chapter 110 and approved by the department. In order to meet the
47 requirements of this subparagraph, the volunteer hours must be
48 verifiable in a manner determined by the department.
49 Section 2. Section 381.403, Florida Statutes, is created to
50 read:
51 381.403 Rural Access to Primary and Preventive Care Grant
52 Program.—The Legislature recognizes that access to primary and
53 preventive health care is critical for the well-being of the
54 residents of this state. The Legislature also recognizes that
55 many rural areas of this state have significantly fewer
56 available physicians, physician assistants, and autonomous
57 advanced practice registered nurses who serve those areas. To
58 increase the availability of health care in such underserved
59 rural areas, there is created the Rural Access to Primary and
60 Preventive Care Grant Program within the Department of Health to
61 use grants to incentivize the creation or expansion of health
62 care practices in those areas.
63 (1) As used in this section, the term:
64 (a) “Autonomous advanced practice registered nurse” means
65 an advanced practice registered nurse who is registered under s.
66 464.0123 to engage in autonomous practice.
67 (b) “Majority ownership” means ownership of more than 50
68 percent of the interests in a private practice.
69 (c) “Physician” means a physician licensed under chapter
70 458 or chapter 459.
71 (d) “Physician assistant” means a physician assistant
72 licensed under chapter 458 or chapter 459 to perform medical
73 services delegated by a supervising physician.
74 (e) “Preventive care” means routine health care services
75 designed to prevent illness. The term includes, but is not
76 limited to, general physical examinations provided on an annual
77 basis, screenings for acute or chronic illnesses, and patient
78 counseling to promote overall wellness and avoid the need for
79 emergency services.
80 (f) “Primary care” means health care services focused
81 primarily on preventive care, wellness care, and treatment for
82 common illnesses. The term may include the health care provider
83 serving as a patient’s entry point into the overall health care
84 system and coordinating a patient’s care among specialists or
85 acute care settings. The term does not include elective services
86 provided solely for cosmetic purposes.
87 (g) “Program” means the Rural Access to Primary and
88 Preventive Care Grant Program.
89 (h) “Qualifying rural area” means a rural community as
90 defined in s. 288.0657 in this state which is also designated as
91 a health professional shortage area by the Health Resources and
92 Services Administration of the United States Department of
93 Health and Human Services.
94 (2) The department shall award grants under the program to
95 physicians, physician assistants, and autonomous advanced
96 practice registered nurses who intend to open a new private
97 practice in a qualifying rural area or who intend to open a new
98 location within a qualifying rural area if the current private
99 practice is located in a different county. To qualify for a
100 grant, an applicant must meet all of the following criteria:
101 (a) The practice must:
102 1. Have majority ownership by physicians, physician
103 assistants, or autonomous advanced practice registered nurses,
104 or a combination thereof.
105 2. Be physically located in a qualifying rural area and
106 serve at that location patients who live in that qualifying
107 rural area or in other nearby qualifying rural areas. The
108 practice may also serve patients who reside outside of a
109 qualifying rural area. While the practice may use telehealth to
110 supplement the services provided at the location, the majority
111 of services provided by the practice must be provided in person
112 at the physical location.
113 3. Accept Medicaid patients.
114 4. Provide services solely in primary care or preventive
115 care, except that a physician, and any nurse licensed under
116 chapter 464 or any physician assistant supervised by the
117 physician, may provide services at the practice in primary care
118 or preventative care, or services that are within the
119 practitioner’s scope of practice based on the physician’s board
120 certified specialty in obstetrics, gynecology, general and
121 family practice, geriatrics, internal medicine, pediatrics, or
122 psychiatry.
123 (b) The owners of the practice must commit to providing the
124 following information to the department on an annual basis, and
125 upon request by the department, for the duration of the contract
126 entered into pursuant to subsection (6):
127 1. Deidentified patient encounter data.
128 2. A detailed report on the use of grant funds until such
129 funds are expended.
130 (3) By March 1, 2026, the department shall create an
131 application process for eligible physicians, physician
132 assistants, and autonomous advanced practice registered nurses
133 to apply for grants under the program. The application must
134 require a detailed budget of anticipated use of grant funds and
135 how the new or existing practice will meet the requirements of
136 subsection (2). The department shall establish a ranking system
137 to determine which applicants will be awarded grants if there
138 are more applicants for the program than can be awarded grants
139 with available appropriated funds.
140 (4) Subject to specific appropriation, the department may
141 award grants of up to $250,000 to eligible applicants. Only one
142 grant may be awarded per practice. Grant funds awarded for
143 establishing a new private practice or a new practice location
144 may be used for any of the following expenses:
145 (a) Facility construction, acquisition, renovation, or
146 lease.
147 (b) Purchasing medical equipment.
148 (c) Purchasing or implementing information technology
149 equipment or services.
150 (d) Purchasing or implementing telehealth technology.
151 (e) Training on the use of medical equipment, information
152 technology, or telehealth technology implemented under paragraph
153 (b), paragraph (c), or paragraph (d), respectively.
154 (5) Grant funds may not be used for any of the following:
155 (a) Salaries.
156 (b) Utilities.
157 (c) Internet or telecommunications services other than
158 those necessary for implementing telehealth technology under
159 paragraph (4)(d).
160 (d) Insurance.
161 (e) Incidental maintenance and repairs.
162 (f) Disposable medical supplies.
163 (g) Medicines or vaccines.
164 (h) Licensing or certification fees, including costs for
165 continuing education other than training under paragraph (4)(e).
166 (6) The department shall enter into a contract with each
167 grant recipient which details the requirements for the
168 expenditure of grant funds for that recipient. The contract must
169 include, at a minimum, all of the following:
170 (a) The purpose of the contract.
171 (b) Specific performance standards and responsibilities for
172 the recipient under the contract, including penalties for not
173 meeting such performance standards and responsibilities.
174 (c) A detailed project or contract budget, if applicable.
175 (d) Reporting requirements for grant recipients to provide
176 information to the department under paragraph (2)(b) as well as
177 any additional information the department deems necessary for
178 the administration of the program.
179 (7) The department may adopt rules to implement the
180 program.
181 (8) Beginning July 1, 2026, and each year thereafter in
182 which there are outstanding contracts with grant recipients
183 under subsection (6), the department shall provide a report to
184 the Governor, the President of the Senate, and the Speaker of
185 the House of Representatives which includes, but need not be
186 limited to, all of the following:
187 (a) Each grant awarded, including the proposed uses for
188 each grant.
189 (b) The progress on each outstanding contract.
190 (c) The number of patients residing in rural areas who were
191 served by grant awardees.
192 (d) The number of Medicaid recipients who were served by
193 grant awardees.
194 (e) The number and types of services provided during
195 patient encounters in locations opened under the program.
196 (f) The number of health care practitioners, delineated by
197 licensure type, providing services in locations opened under the
198 program.
199 (9) This section is repealed July 1, 2035, unless reviewed
200 and saved from repeal through reenactment by the Legislature.
201 Section 3. Section 381.9856, Florida Statutes, is created
202 to read:
203 381.9856 Stroke, Cardiac, and Obstetric Response and
204 Education Grant Program.—
205 (1) PROGRAM CREATION.—The Stroke, Cardiac, and Obstetric
206 Response and Education (SCORE) Grant Program is created within
207 the Department of Health.
208 (2) PURPOSE.—The purpose of the program is to improve
209 patient outcomes and the coordination of emergency medical care
210 in rural communities by increasing access to high-quality
211 stroke, cardiac, and obstetric care through the application of
212 technology and innovative training, such as blended learning
213 training programs. Blended learning training programs ensure
214 that participants gain both the theoretical foundations of
215 diagnosis and management as well as real-world clinical
216 experience through scenario-based learning, ultimately enhancing
217 decisionmaking and patient outcomes.
218 (3) DEFINITIONS.—As used in this section, the term:
219 (a) “Blended learning training program” means a structured
220 educational model that uses blended learning methodologies,
221 including simulation-based training, virtual reality, and
222 distance learning technologies, in conjunction with hands-on
223 instruction, such as simulation-based practice, and in-person
224 skills sessions to provide comprehensive education.
225 (b) “High-risk care provider” means a licensed health care
226 facility or licensed ambulance service that regularly provides
227 emergency or ongoing care to patients experiencing a stroke,
228 heart attack, or pregnancy-related emergency.
229 (c) “Rural community” has the same meaning as provided in
230 s. 288.0657.
231 (4) GRANT PROGRAM REQUIREMENTS.—
232 (a) The department shall award grants to high-risk care
233 providers serving rural communities to accomplish at least one
234 of the following initiatives:
235 1. Implement a blended learning training program for health
236 care providers in stroke care protocols and best practices.
237 2. Purchase simulation equipment and technology for
238 training.
239 3. Establish telehealth capabilities between prehospital
240 providers, such as paramedics or emergency medical technicians,
241 and in-hospital providers, such as neurologists, to expedite
242 emergency stroke care, emergency cardiac care, or emergency
243 obstetric care.
244 4. Develop quality improvement programs in one or more of
245 the following specialty areas: emergency stroke care, emergency
246 cardiac care, or emergency obstetric care.
247 (b) Priority must be given to proposals that:
248 1. Demonstrate collaboration between prehospital and in
249 hospital providers; or
250 2. Show potential for significant improvement in patient
251 outcomes in rural communities.
252 (5) FUNDING LIMITS; REPORTING.—
253 (a) Individual grants may not exceed $100,000 per year.
254 (b) Grant recipients must submit quarterly reports to the
255 department documenting program activities, expenditures, and
256 outcomes.
257 (6) ADMINISTRATION.—The department shall monitor program
258 implementation and outcomes. The department shall submit an
259 annual report to the Governor, the President of the Senate, and
260 the Speaker of the House of Representatives by December 1 of
261 each year, detailing program implementation and outcomes.
262 (7) RULEMAKING.—The department may adopt rules to implement
263 this section.
264 (8) IMPLEMENTATION.—This section may be implemented only to
265 the extent specifically funded by legislative appropriation.
266 (9) REPEAL.—This section is repealed July 1, 2030, unless
267 reviewed and saved from repeal through reenactment by the
268 Legislature.
269 Section 4. Subsection (2) of section 395.6061, Florida
270 Statutes, is amended to read:
271 395.6061 Rural hospital capital improvement.—There is
272 established a rural hospital capital improvement grant program.
273 (2)(a) Each rural hospital as defined in s. 395.602 shall
274 receive a minimum of $100,000 annually, subject to legislative
275 appropriation, upon application to the Department of Health, for
276 projects to acquire, repair, improve, or upgrade systems,
277 facilities, or equipment. Such projects may include, but are not
278 limited to, the following:
279 1. Establishing mobile care units to provide primary care
280 services, behavioral health services, or obstetric and
281 gynecological services in rural health professional shortage
282 areas.
283 2. Establishing telehealth kiosks to provide urgent care
284 and primary care services remotely in rural health professional
285 shortage areas.
286 (b) As used in this subsection, the term:
287 1. “Preventive care” means routine health care services
288 designed to prevent illness. The term includes, but is not
289 limited to, general physical examinations provided on an annual
290 basis, screenings for acute or chronic illnesses, and patient
291 counseling to promote overall wellness and avoid the need for
292 emergency services.
293 2. “Primary care” means health care services focused
294 primarily on preventive care, wellness care, and treatment for
295 common illnesses. The term may include the health care provider
296 serving as a patient’s entry point into the overall health care
297 system and coordinating a patient’s care among specialists or
298 acute care settings. The term does not include elective services
299 provided solely for cosmetic purposes.
300 3. “Rural health professional shortage area” means a rural
301 community as defined in s. 288.0657 which is also designated as
302 a health professional shortage area by the Health Resources and
303 Services Administration of the United States Department of
304 Health and Human Services.
305 Section 5. Subsection (1) of section 409.904, Florida
306 Statutes, is amended to read:
307 409.904 Optional payments for eligible persons.—The agency
308 may make payments for medical assistance and related services on
309 behalf of the following persons who are determined to be
310 eligible subject to the income, assets, and categorical
311 eligibility tests set forth in federal and state law. Payment on
312 behalf of these Medicaid eligible persons is subject to the
313 availability of moneys and any limitations established by the
314 General Appropriations Act or chapter 216.
315 (1)(a) Subject to federal waiver approval, a person who is
316 age 65 or older or is determined to be disabled, whose income is
317 at or below 88 percent of the federal poverty level, whose
318 assets do not exceed established limitations, and who is not
319 eligible for Medicare or, if eligible for Medicare, is also
320 eligible for and receiving Medicaid-covered institutional care
321 services, hospice services, or home and community-based
322 services. The agency shall seek federal authorization through a
323 waiver to provide this coverage.
324 (b)1. A person who was initially determined eligible for
325 Medicaid under paragraph (a) and is receiving Medicaid-covered
326 institutional care services, hospice services, or home and
327 community-based services pursuant to s. 393.066 or s. 409.978
328 and who is permanently disabled shall be presumed eligible for
329 continued coverage for these Medicaid-covered services during
330 any redetermination process, and the agency shall continue to
331 make payments for such services, unless the person experiences a
332 material change in his or her disability or economic status
333 which results in a loss of eligibility. In the event of such a
334 change in disability or economic status, the person or his or
335 her designated caregiver or responsible party shall notify the
336 agency and the Department of Children and Families of such
337 change, and the Department of Children and Families may conduct
338 a redetermination of eligibility. If such redetermination is
339 conducted, the Department of Children and Families must notify
340 the person or his or her designated caregiver or responsible
341 party before the commencement of the redetermination and, at its
342 conclusion, the results of the redetermination.
343 2. As used in this paragraph, the term “permanently
344 disabled” means that a person has been determined to be disabled
345 under paragraph (a) and has had his or her qualifying disability
346 or disabilities certified by a physician licensed under chapter
347 458 or chapter 459 as permanent in nature. The agency shall, no
348 later than October 1, 2025, seek federal authorization to exempt
349 a Medicaid-eligible permanently disabled person from annual
350 redetermination of eligibility under the parameters of this
351 paragraph.
352 3. The agency and the Department of Children and Families
353 shall develop a process to facilitate the notifications required
354 under subparagraph 1.
355 Section 6. Subsections (5) and (6) are added to section
356 395.1012, Florida Statutes, to read:
357 395.1012 Patient safety.—
358 (5)(a) Each hospital with an emergency department must:
359 1. Develop and implement policies and procedures for
360 pediatric patient care in the emergency department which reflect
361 evidence-based best practices relating to, at a minimum:
362 a. Triage.
363 b. Measuring and recording vital signs.
364 c. Weighing and recording weights in kilograms.
365 d. Calculating medication dosages.
366 e. Use of pediatric instruments.
367 2. Conduct training at least annually on the policies and
368 procedures developed under this subsection. The training must
369 include, at a minimum:
370 a. The use of pediatric instruments, as applicable to each
371 licensure type, using clinical simulation as defined in s.
372 464.003.
373 b. Drills that simulate emergency situations. Each
374 emergency department must conduct drills at least annually.
375 (b) Each hospital emergency department must:
376 1. Designate a pediatric emergency care coordinator. The
377 pediatric emergency care coordinator must be a physician or a
378 physician assistant licensed under chapter 458 or chapter 459, a
379 nurse licensed under chapter 464, or a paramedic licensed under
380 chapter 401. The pediatric emergency care coordinator is
381 responsible for implementation of and ensuring fidelity to the
382 policies and procedures adopted under this subsection.
383 2. Conduct the National Pediatric Readiness Assessment
384 developed by the National Pediatric Readiness Project, in
385 accordance with timelines established by the National Pediatric
386 Readiness Project.
387 (6) Each hospital with an emergency department may conduct
388 the National Pediatric Readiness Project’s Open Assessment
389 during a year in which the National Pediatric Readiness
390 Assessment is not conducted.
391 Section 7. Present subsections (4) through (19) of section
392 395.1055, Florida Statutes, are redesignated as subsections (5)
393 through (20), respectively, paragraph (c) of subsection (1) is
394 amended, and a new subsection (4) is added to that section, to
395 read:
396 395.1055 Rules and enforcement.—
397 (1) The agency shall adopt rules pursuant to ss. 120.536(1)
398 and 120.54 to implement the provisions of this part, which shall
399 include reasonable and fair minimum standards for ensuring that:
400 (c) A comprehensive emergency management plan is prepared
401 and updated annually. Such standards must be included in the
402 rules adopted by the agency after consulting with the Division
403 of Emergency Management. At a minimum, the rules must provide
404 for plan components that address emergency evacuation
405 transportation; adequate sheltering arrangements; postdisaster
406 activities, including emergency power, food, and water;
407 postdisaster transportation; supplies; staffing; emergency
408 equipment; individual identification of residents and transfer
409 of records, and responding to family inquiries, and the needs of
410 pediatric and neonatal patients. The comprehensive emergency
411 management plan is subject to review and approval by the local
412 emergency management agency. During its review, the local
413 emergency management agency shall ensure that the following
414 agencies, at a minimum, are given the opportunity to review the
415 plan: the Department of Elderly Affairs, the Department of
416 Health, the Agency for Health Care Administration, and the
417 Division of Emergency Management. Also, appropriate volunteer
418 organizations must be given the opportunity to review the plan.
419 The local emergency management agency shall complete its review
420 within 60 days and either approve the plan or advise the
421 facility of necessary revisions.
422 (4) The agency, in consultation with the Florida Emergency
423 Medical Services for Children State Partnership Program, shall
424 adopt rules that establish minimum standards for pediatric
425 patient care in hospital emergency departments, including, but
426 not limited to, availability and immediate access to pediatric
427 specific equipment and supplies.
428 Section 8. Paragraph (n) is added to subsection (3) of
429 section 408.05, Florida Statutes, to read:
430 408.05 Florida Center for Health Information and
431 Transparency.—
432 (3) HEALTH INFORMATION TRANSPARENCY.—In order to
433 disseminate and facilitate the availability of comparable and
434 uniform health information, the agency shall perform the
435 following functions:
436 (n)1. Collect the overall assessment score of National
437 Pediatric Readiness Assessments conducted by hospital emergency
438 departments pursuant to s. 395.1012(5), from the Florida
439 Emergency Medical Services for Children State Partnership
440 Program by December 31, 2026, and by each December 31 during a
441 year in which the National Pediatric Readiness Assessment is
442 conducted thereafter.
443 2. By April 1, 2027, and each April 1 following a year in
444 which the National Pediatric Readiness Assessment is conducted
445 thereafter, publish the overall assessment score for each
446 hospital emergency department, and provide a comparison to the
447 national average score when it becomes available.
448 3. Collect and publish no more than one overall assessment
449 score per hospital, per year, of assessments conducted pursuant
450 to s. 395.1012(6), and provide a comparison to the hospital
451 emergency department’s most recently published score pursuant to
452 subparagraph 2. of this paragraph.
453 Section 9. Present subsections (1) and (2) of section
454 456.42, Florida Statutes, are redesignated as subsections (2)
455 and (3), respectively, and present subsection (3) of that
456 section is redesignated as subsection (1) and amended, to read:
457 456.42 Written Prescriptions for medicinal drugs.—
458 (1)(3) A health care practitioner licensed by law to
459 prescribe a medicinal drug who maintains a system of electronic
460 health records as defined in s. 408.051(2)(c), or who prescribes
461 medicinal drugs as an owner, an employee, or a contractor of a
462 licensed health care facility or practice that maintains such a
463 system of electronic health records as defined in s.
464 408.051(2)(c) and who is prescribing in his or her capacity as
465 such an owner, an employee, or a contractor, may only
466 electronically transmit prescriptions for such drugs. This
467 requirement applies to such a health care practitioner upon
468 renewal of the health care practitioner’s license or by July 1,
469 2026 2021, whichever is earlier, but does not apply if:
470 (a) The practitioner prescribes fewer than 100 such
471 prescriptions annually;
472 (b) The practitioner is located in an area for which a
473 state of emergency is declared pursuant to s. 252.36;
474 (a) The practitioner and the dispenser are the same entity;
475 (b) The prescription cannot be transmitted electronically
476 under the most recently implemented version of the National
477 Council for Prescription Drug Programs SCRIPT Standard;
478 (c) The practitioner has been issued a waiver by the
479 department, not to exceed 1 year in duration, from the
480 requirement to use electronic prescribing due to demonstrated
481 economic hardship, technological limitations that are not
482 reasonably within the control of the practitioner, or another
483 exceptional circumstance demonstrated by the practitioner;
484 (d) The practitioner reasonably determines that it would be
485 impractical for the patient in question to obtain a medicinal
486 drug prescribed by electronic prescription in a timely manner
487 and such delay would adversely impact the patient’s medical
488 condition;
489 (e) The prescription cannot be electronically prescribed
490 due to a temporary technological or electrical failure that is
491 not in the control of the prescribing practitioner, and such
492 failure is documented in the patient record The practitioner is
493 prescribing a drug under a research protocol;
494 (f) The prescription is for a drug for which the federal
495 Food and Drug Administration requires the prescription to
496 contain elements that may not be included in electronic
497 prescribing;
498 (g) The prescription is issued to an individual receiving
499 hospice care or who is a resident of a nursing home facility; or
500 (g)(h) The practitioner determines that it is in the best
501 interest of the patient, or the patient determines that it is in
502 his or her own best interest, to compare prescription drug
503 prices among area pharmacies. The practitioner must document
504 such determination in the patient’s medical record.
505
506 The department, in consultation with the Board of Medicine, the
507 Board of Osteopathic Medicine, the Board of Podiatric Medicine,
508 the Board of Dentistry, the Board of Nursing, and the Board of
509 Optometry, may adopt rules to implement this subsection. This
510 subsection does not prohibit a pharmacist licensed in this state
511 from filling or refilling a valid prescription submitted
512 electronically or in writing, or require or authorize a change
513 in prescription drug claims adjudication and review procedures
514 by payors related to filling or refilling a valid prescription
515 submitted electronically or in writing. This subsection does not
516 prohibit a pharmacist licensed in this state from filling or
517 refilling a valid prescription that is issued in writing by a
518 prescriber located in another state or that is transcribed by
519 the pharmacy when a prescription is called in by telephone.
520 Section 10. Subsection (1) of section 456.43, Florida
521 Statutes, is republished to read:
522 456.43 Electronic prescribing for medicinal drugs.—
523 (1) Electronic prescribing may not interfere with a
524 patient’s freedom to choose a pharmacy.
525 Section 11. Paragraph (e) of subsection (4) of section
526 458.347, Florida Statutes, is amended to read:
527 458.347 Physician assistants.—
528 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
529 (e) A supervising physician may delegate to a fully
530 licensed physician assistant the authority to prescribe or
531 dispense any medication used in the supervising physician’s
532 practice unless such medication is listed on the formulary
533 created pursuant to paragraph (f). A fully licensed physician
534 assistant may only prescribe or dispense such medication under
535 the following circumstances:
536 1. A physician assistant must clearly identify to the
537 patient that he or she is a physician assistant.
538 2. The supervising physician must notify the department of
539 his or her intent to delegate, on a department-approved form,
540 before delegating such authority and of any change in
541 prescriptive privileges of the physician assistant. Authority to
542 dispense may be delegated only by a supervising physician who is
543 registered as a dispensing practitioner in compliance with s.
544 465.0276.
545 3. A fully licensed physician assistant may procure medical
546 devices and drugs unless the medication is listed on the
547 formulary created pursuant to paragraph (f).
548 4. The physician assistant must complete a minimum of 10
549 continuing medical education hours in the specialty practice in
550 which the physician assistant has prescriptive privileges with
551 each licensure renewal. Three of the 10 hours must consist of a
552 continuing education course on the safe and effective
553 prescribing of controlled substance medications which is offered
554 by a statewide professional association of physicians in this
555 state accredited to provide educational activities designated
556 for the American Medical Association Physician’s Recognition
557 Award Category 1 credit, designated by the American Academy of
558 Physician Assistants as a Category 1 credit, or designated by
559 the American Osteopathic Association as a Category 1-A credit.
560 5. The prescription may be in paper or electronic form but
561 must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and
562 chapter 499 and must contain the physician assistant’s name,
563 address, and telephone number and the name of each of his or her
564 supervising physicians. Unless it is a drug or drug sample
565 dispensed by the physician assistant, the prescription must be
566 filled in a pharmacy permitted under chapter 465 and must be
567 dispensed in that pharmacy by a pharmacist licensed under
568 chapter 465.
569 6. The physician assistant must note the prescription or
570 dispensing of medication in the appropriate medical record.
571 Section 12. Paragraph (e) of subsection (4) of section
572 459.022, Florida Statutes, is amended to read:
573 459.022 Physician assistants.—
574 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
575 (e) A supervising physician may delegate to a fully
576 licensed physician assistant the authority to prescribe or
577 dispense any medication used in the supervising physician’s
578 practice unless such medication is listed on the formulary
579 created pursuant to s. 458.347. A fully licensed physician
580 assistant may only prescribe or dispense such medication under
581 the following circumstances:
582 1. A physician assistant must clearly identify to the
583 patient that she or he is a physician assistant.
584 2. The supervising physician must notify the department of
585 her or his intent to delegate, on a department-approved form,
586 before delegating such authority and of any change in
587 prescriptive privileges of the physician assistant. Authority to
588 dispense may be delegated only by a supervising physician who is
589 registered as a dispensing practitioner in compliance with s.
590 465.0276.
591 3. A fully licensed physician assistant may procure medical
592 devices and drugs unless the medication is listed on the
593 formulary created pursuant to s. 458.347(4)(f).
594 4. The physician assistant must complete a minimum of 10
595 continuing medical education hours in the specialty practice in
596 which the physician assistant has prescriptive privileges with
597 each licensure renewal. Three of the 10 hours must consist of a
598 continuing education course on the safe and effective
599 prescribing of controlled substance medications which is offered
600 by a provider that has been approved by the American Academy of
601 Physician Assistants and which is designated for the American
602 Medical Association Physician’s Recognition Award Category 1
603 credit, designated by the American Academy of Physician
604 Assistants as a Category 1 credit, or designated by the American
605 Osteopathic Association as a Category 1-A credit.
606 5. The prescription may be in paper or electronic form but
607 must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and
608 chapter 499 and must contain the physician assistant’s name,
609 address, and telephone number and the name of each of his or her
610 supervising physicians. Unless it is a drug or drug sample
611 dispensed by the physician assistant, the prescription must be
612 filled in a pharmacy permitted under chapter 465, and must be
613 dispensed in that pharmacy by a pharmacist licensed under
614 chapter 465.
615 6. The physician assistant must note the prescription or
616 dispensing of medication in the appropriate medical record.
617 Section 13. Paragraph (d) of subsection (4) and subsection
618 (6) of section 381.026, Florida Statutes, are amended to read:
619 381.026 Florida Patient’s Bill of Rights and
620 Responsibilities.—
621 (4) RIGHTS OF PATIENTS.—Each health care facility or
622 provider shall observe the following standards:
623 (d) Access to health care.—
624 1. A patient has the right to impartial access to medical
625 treatment or accommodations, regardless of race, national
626 origin, religion, handicap, or source of payment.
627 2. A patient has the right to treatment for any emergency
628 medical condition that will deteriorate from failure to provide
629 such treatment.
630 3. A patient has the right to access any mode of treatment
631 that is, in his or her own judgment and the judgment of his or
632 her health care practitioner, in the best interests of the
633 patient, including complementary or alternative health care
634 treatments, in accordance with the provisions of s. 456.41.
635 4. A patient shall not be denied admission, care, or
636 services by a health care facility based solely on the patient’s
637 vaccination status.
638 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
639 provider who treats a patient in an office or any health care
640 facility licensed under chapter 395 that provides emergency
641 services and care or outpatient services and care to a patient,
642 or admits and treats a patient, shall adopt and make available
643 to the patient, in writing, a statement of the rights and
644 responsibilities of patients, including the following:
645
646 SUMMARY OF THE FLORIDA PATIENT’S BILL
647 OF RIGHTS AND RESPONSIBILITIES
648
649 Florida law requires that your health care
650 provider or health care facility recognize your rights
651 while you are receiving medical care and that you
652 respect the health care provider’s or health care
653 facility’s right to expect certain behavior on the
654 part of patients. You may request a copy of the full
655 text of this law from your health care provider or
656 health care facility. A summary of your rights and
657 responsibilities follows:
658 A patient has the right to be treated with
659 courtesy and respect, with appreciation of his or her
660 individual dignity, and with protection of his or her
661 need for privacy.
662 A patient has the right to a prompt and
663 reasonable response to questions and requests.
664 A patient has the right to know who is providing
665 medical services and who is responsible for his or her
666 care.
667 A patient has the right to know what patient
668 support services are available, including whether an
669 interpreter is available if he or she does not speak
670 English.
671 A patient has the right to bring any person of
672 his or her choosing to the patient-accessible areas of
673 the health care facility or provider’s office to
674 accompany the patient while the patient is receiving
675 inpatient or outpatient treatment or is consulting
676 with his or her health care provider, unless doing so
677 would risk the safety or health of the patient, other
678 patients, or staff of the facility or office or cannot
679 be reasonably accommodated by the facility or
680 provider.
681 A patient has the right to know what rules and
682 regulations apply to his or her conduct.
683 A patient has the right to be given by the health
684 care provider information concerning diagnosis,
685 planned course of treatment, alternatives, risks, and
686 prognosis.
687 A patient has the right to refuse any treatment,
688 except as otherwise provided by law.
689 A patient has the right to be given, upon
690 request, full information and necessary counseling on
691 the availability of known financial resources for his
692 or her care.
693 A patient who is eligible for Medicare has the
694 right to know, upon request and in advance of
695 treatment, whether the health care provider or health
696 care facility accepts the Medicare assignment rate.
697 A patient has the right to receive, upon request,
698 prior to treatment, a reasonable estimate of charges
699 for medical care.
700 A patient has the right to receive a copy of a
701 reasonably clear and understandable, itemized bill
702 and, upon request, to have the charges explained.
703 A patient has the right to impartial access to
704 medical treatment or accommodations, regardless of
705 race, national origin, religion, handicap, or source
706 of payment.
707 A patient has the right to treatment for any
708 emergency medical condition that will deteriorate from
709 failure to provide treatment.
710 A patient shall not be denied admission, care, or
711 services by a health care facility based solely on the
712 patient’s vaccination status.
713 A patient has the right to know if medical
714 treatment is for purposes of experimental research and
715 to give his or her consent or refusal to participate
716 in such experimental research.
717 A patient has the right to express grievances
718 regarding any violation of his or her rights, as
719 stated in Florida law, through the grievance procedure
720 of the health care provider or health care facility
721 which served him or her and to the appropriate state
722 licensing agency.
723 A patient is responsible for providing to the
724 health care provider, to the best of his or her
725 knowledge, accurate and complete information about
726 present complaints, past illnesses, hospitalizations,
727 medications, and other matters relating to his or her
728 health.
729 A patient is responsible for reporting unexpected
730 changes in his or her condition to the health care
731 provider.
732 A patient is responsible for reporting to the
733 health care provider whether he or she comprehends a
734 contemplated course of action and what is expected of
735 him or her.
736 A patient is responsible for following the
737 treatment plan recommended by the health care
738 provider.
739 A patient is responsible for keeping appointments
740 and, when he or she is unable to do so for any reason,
741 for notifying the health care provider or health care
742 facility.
743 A patient is responsible for his or her actions
744 if he or she refuses treatment or does not follow the
745 health care provider’s instructions.
746 A patient is responsible for assuring that the
747 financial obligations of his or her health care are
748 fulfilled as promptly as possible.
749 A patient is responsible for following health
750 care facility rules and regulations affecting patient
751 care and conduct.
752
753 Section 14. Subsection (4) of section 466.006, Florida
754 Statutes, is amended to read:
755 466.006 Examination of dentists.—
756 (4) Notwithstanding any other provision of law in chapter
757 456 pertaining to the clinical dental licensure examination or
758 national examinations, to be licensed as a dentist in this
759 state, an applicant must successfully complete all both of the
760 following:
761 (a) A written examination on the laws and rules of the
762 state regulating the practice of dentistry.
763 (b) A practical or clinical examination, which must be the
764 American Dental Licensing Examination produced by the American
765 Board of Dental Examiners, Inc., or its successor entity, if
766 any, which is administered in this state, provided that the
767 board has attained, and continues to maintain thereafter,
768 representation on the board of directors of the American Board
769 of Dental Examiners, the examination development committee of
770 the American Board of Dental Examiners, and such other
771 committees of the American Board of Dental Examiners as the
772 board deems appropriate by rule to assure that the standards
773 established herein are maintained organizationally.
774 1. As an alternative to such practical or clinical
775 examination, an applicant may submit scores from an American
776 Dental Licensing Examination previously administered in a
777 jurisdiction other than this state after October 1, 2011, and
778 such examination results are recognized as valid for the purpose
779 of licensure in this state. A passing score on the American
780 Dental Licensing Examination administered out of state is the
781 same as the passing score for the American Dental Licensing
782 Examination administered in this state. The applicant must have
783 completed the examination after October 1, 2011. This
784 subparagraph may not be given retroactive application.
785 2. If the date of an applicant’s passing American Dental
786 Licensing Examination scores from an examination previously
787 administered in a jurisdiction other than this state under
788 subparagraph 1. is older than 365 days, such scores are
789 nevertheless valid for the purpose of licensure in this state,
790 but only if the applicant demonstrates that all of the following
791 additional standards have been met:
792 a. The applicant completed the American Dental Licensing
793 Examination after October 1, 2011. This sub-subparagraph may not
794 be given retroactive application.
795 b. The applicant graduated from a dental school accredited
796 by the American Dental Association Commission on Dental
797 Accreditation or its successor entity, if any, or any other
798 dental accrediting organization recognized by the United States
799 Department of Education. Provided, however, if the applicant did
800 not graduate from such a dental school, the applicant may submit
801 proof of having successfully completed a full-time supplemental
802 general dentistry program accredited by the American Dental
803 Association Commission on Dental Accreditation of at least 2
804 consecutive academic years at such accredited sponsoring
805 institution. Such program must provide didactic and clinical
806 education at the level of a D.D.S. or D.M.D. program accredited
807 by the American Dental Association Commission on Dental
808 Accreditation. For purposes of this sub-subparagraph, a
809 supplemental general dentistry program does not include an
810 advanced education program in a dental specialty.
811 c. The applicant currently possesses a valid and active
812 dental license in good standing, with no restriction, which has
813 never been revoked, suspended, restricted, or otherwise
814 disciplined, from another state or territory of the United
815 States, the District of Columbia, or the Commonwealth of Puerto
816 Rico.
817 d. The applicant must disclose to the board during the
818 application process if he or she has been reported to the
819 National Practitioner Data Bank, the Healthcare Integrity and
820 Protection Data Bank, or the American Association of Dental
821 Boards Clearinghouse. This sub-subparagraph does not apply if
822 the applicant successfully appealed to have his or her name
823 removed from the data banks of these agencies.
824 e.(I)(A) The applicant submits proof of having been
825 consecutively engaged in the full-time practice of dentistry in
826 another state or territory of the United States, the District of
827 Columbia, or the Commonwealth of Puerto Rico in the 5 years
828 immediately preceding the date of application for licensure in
829 this state; or
830 (B) If the applicant has been licensed in another state or
831 territory of the United States, the District of Columbia, or the
832 Commonwealth of Puerto Rico for less than 5 years, the applicant
833 submits proof of having been engaged in the full-time practice
834 of dentistry since the date of his or her initial licensure.
835 (II) As used in this section, “full-time practice” is
836 defined as a minimum of 1,200 hours per year for each year in
837 the consecutive 5-year period or, when applicable, the period
838 since initial licensure, and must include any combination of the
839 following:
840 (A) Active clinical practice of dentistry providing direct
841 patient care.
842 (B) Full-time practice as a faculty member employed by a
843 dental or dental hygiene school approved by the board or
844 accredited by the American Dental Association Commission on
845 Dental Accreditation.
846 (C) Full-time practice as a student at a postgraduate
847 dental education program approved by the board or accredited by
848 the American Dental Association Commission on Dental
849 Accreditation.
850 (III) The board shall develop rules to determine what type
851 of proof of full-time practice is required and to recoup the
852 cost to the board of verifying full-time practice under this
853 section. Such proof must, at a minimum, be:
854 (A) Admissible as evidence in an administrative proceeding;
855 (B) Submitted in writing;
856 (C) Further documented by an applicant’s annual income tax
857 return filed with the Internal Revenue Service for each year in
858 the preceding 5-year period or, if the applicant has been
859 practicing for less than 5 years, the period since initial
860 licensure; and
861 (D) Specifically found by the board to be both credible and
862 admissible.
863 (IV) The board may excuse applicants from the 1,200-hour
864 requirement in the event of hardship, as defined by the board.
865 f. The applicant submits documentation that he or she has
866 completed, or will complete before he or she is licensed in this
867 state, continuing education equivalent to this state’s
868 requirements for the last full reporting biennium.
869 g. The applicant proves that he or she has never been
870 convicted of, or pled nolo contendere to, regardless of
871 adjudication, any felony or misdemeanor related to the practice
872 of a health care profession in any jurisdiction.
873 h. The applicant has successfully passed a written
874 examination on the laws and rules of this state regulating the
875 practice of dentistry and the computer-based diagnostic skills
876 examination.
877 i. The applicant submits documentation that he or she has
878 successfully completed the applicable examination administered
879 by the Joint Commission on National Dental Examinations or its
880 successor organization.
881 (c) The educational requirements provided under paragraph
882 (2)(b) or subsection (3).
883 Section 15. Paragraph (d) of subsection (3) of section
884 766.1115, Florida Statutes, is amended to read:
885 766.1115 Health care providers; creation of agency
886 relationship with governmental contractors.—
887 (3) DEFINITIONS.—As used in this section, the term:
888 (d) “Health care provider” or “provider” means:
889 1. A birth center licensed under chapter 383.
890 2. An ambulatory surgical center licensed under chapter
891 395.
892 3. A hospital licensed under chapter 395.
893 4. A physician or physician assistant licensed under
894 chapter 458.
895 5. An osteopathic physician or osteopathic physician
896 assistant licensed under chapter 459.
897 6. A chiropractic physician licensed under chapter 460.
898 7. A podiatric physician licensed under chapter 461.
899 8. A registered nurse, nurse midwife, licensed practical
900 nurse, or advanced practice registered nurse licensed or
901 registered under part I of chapter 464 or any facility which
902 employs nurses licensed or registered under part I of chapter
903 464 to supply all or part of the care delivered under this
904 section.
905 9. A midwife licensed under chapter 467.
906 10. A health maintenance organization certificated under
907 part I of chapter 641.
908 11. A health care professional association and its
909 employees or a corporate medical group and its employees.
910 12. Any other medical facility the primary purpose of which
911 is to deliver human medical diagnostic services or which
912 delivers nonsurgical human medical treatment, and which includes
913 an office maintained by a provider.
914 13. A dentist or dental hygienist licensed under chapter
915 466.
916 14. A free clinic that delivers only medical diagnostic
917 services or nonsurgical medical treatment free of charge to all
918 low-income recipients.
919 15. Any other health care professional, practitioner,
920 provider, or facility under contract with a governmental
921 contractor, including a student enrolled in an accredited
922 program that prepares the student for licensure as any one of
923 the professionals listed in subparagraphs 4.-9. and 13.
924
925 The term includes any nonprofit corporation qualified as exempt
926 from federal income taxation under s. 501(a) of the Internal
927 Revenue Code, and described in s. 501(c) of the Internal Revenue
928 Code, which delivers health care services provided by licensed
929 professionals listed in this paragraph, any federally funded
930 community health center, and any volunteer corporation or
931 volunteer health care provider that delivers health care
932 services.
933 Section 16. Subsection (2) of section 456.003, Florida
934 Statutes, is amended to read:
935 456.003 Legislative intent; requirements.—
936 (2) The Legislature further finds believes that such
937 professions must shall be regulated only for the preservation of
938 the health, safety, and welfare of the public under the police
939 powers of the state, and that the health, safety, and welfare of
940 the public may be harmed or endangered by the unlawful practice
941 of a profession; by a misleading, deceptive, or fraudulent
942 representation relating to a person’s authority to practice a
943 profession lawfully; or when patients are uninformed about the
944 profession under which a health care practitioner is practicing
945 before receiving professional consultation or services from the
946 practitioner. As a matter of great public importance, such
947 professions must shall be regulated when:
948 (a) Their unregulated practice can harm or endanger the
949 health, safety, and welfare of the public, and when the
950 potential for such harm is recognizable and clearly outweighs
951 any anticompetitive impact which may result from regulation.
952 (b) The public is not effectively protected by other means,
953 including, but not limited to, other state statutes, local
954 ordinances, or federal legislation.
955 (c) Less restrictive means of regulation are not available.
956 Section 17. Paragraph (a) of subsection (2) of section
957 456.065, Florida Statutes, is amended to read:
958 456.065 Unlicensed practice of a health care profession;
959 intent; cease and desist notice; penalties; enforcement;
960 citations; fees; allocation and disposition of moneys
961 collected.—
962 (2) The penalties for unlicensed practice of a health care
963 profession shall include the following:
964 (a)1. When the department has probable cause to believe
965 that any person not licensed by the department, or the
966 appropriate regulatory board within the department, has violated
967 any provision of this chapter or any statute that relates to the
968 practice of a profession regulated by the department, or any
969 rule adopted pursuant thereto, the department may issue and
970 deliver to such person a notice to cease and desist from such
971 violation.
972 2. When the department has probable cause to believe that
973 any licensed health care practitioner has engaged in the
974 unlicensed practice of a health care profession by violating s.
975 456.65, the department may issue and deliver to such health care
976 practitioner a notice to cease and desist from such violation
977 and may pursue other remedies authorized under this section
978 which apply to the unlicensed practice of a health care
979 profession.
980 3. In addition to the remedies under subparagraphs 1. and
981 2., the department may issue and deliver a notice to cease and
982 desist to any person who aids and abets the unlicensed practice
983 of a profession by employing the such unlicensed person engaging
984 in the unlicensed practice.
985 4. The issuance of a notice to cease and desist shall not
986 constitute agency action for which a hearing under ss. 120.569
987 and 120.57 may be sought. For the purpose of enforcing a cease
988 and desist order, the department may file a proceeding in the
989 name of the state seeking issuance of an injunction or a writ of
990 mandamus against any person who violates any provisions of such
991 order.
992 Section 18. Section 456.65, Florida Statutes, is created to
993 read:
994 456.65 Specialties.—
995 (1)(a) A health care practitioner not licensed as a
996 physician under chapter 458 may not hold himself or herself out
997 to a patient or the public at large as a specialist by
998 describing himself or herself or his or her practice through the
999 use of any specialist title or designation specifically listed
1000 under s. 458.3312(2), either alone or in combination, or in
1001 connection with other words, unless the practitioner is
1002 authorized to use such specialist title or designation under
1003 subsection (3).
1004 (b) A health care practitioner not licensed as a physician
1005 under chapter 459 may not hold himself or herself out to a
1006 patient or the public at large as a specialist by describing
1007 himself or herself or his or her practice through the use of any
1008 specialist title or designation specifically listed under s.
1009 459.0152(2), either alone or in combination, or in connection
1010 with other words, unless the practitioner is authorized to use
1011 such specialist title or designation under subsection (3).
1012 (2) A violation of subsection (1) constitutes the
1013 unlicensed practice of medicine or osteopathic medicine, as
1014 applicable, and the department may pursue remedies under s.
1015 456.065 for such violation.
1016 (3) Notwithstanding subsection (1):
1017 (a) A licensed health care practitioner may use the name or
1018 title of his or her profession which is authorized under his or
1019 her practice act, and any corresponding designations or initials
1020 so authorized, to describe himself or herself and his or her
1021 practice.
1022 (b) A licensed health care practitioner who has a specialty
1023 area of practice authorized under his or her practice act may
1024 use the following format to identify himself or herself or
1025 describe his or her practice: “...(name or title of the
1026 practitioner’s profession)..., specializing in ...(name of the
1027 practitioner’s specialty)....”
1028 (c) A chiropractic physician licensed under chapter 460 may
1029 use the title “chiropractic radiologist” and other titles,
1030 abbreviations, or designations authorized under his or her
1031 practice act reflecting those chiropractic specialty areas in
1032 which the chiropractic physician has attained diplomate status
1033 as recognized by the American Chiropractic Association, the
1034 International Chiropractors Association, the International
1035 Academy of Clinical Neurology, or the International Chiropractic
1036 Pediatric Association.
1037 (d) A podiatric physician licensed under chapter 461 may
1038 use the following titles and abbreviations as applicable to his
1039 or her license, specialty, and certification: “podiatric
1040 surgeon,” “Fellow in the American College of Foot and Ankle
1041 Surgeons,” and any other titles or abbreviations authorized
1042 under his or her practice act.
1043 (e) A dentist licensed under chapter 466 may use the
1044 following titles and abbreviations as applicable to his or her
1045 license, specialty, and certification: “doctor of dental
1046 surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial surgeon,”
1047 “oral and maxillofacial surgeon,” “O.M.S.,” “dental
1048 anesthesiologist,” “oral pathologist,” “oral radiologist,” and
1049 any other titles or abbreviations authorized under his or her
1050 practice act.
1051 (f) An anesthesiologist assistant licensed under chapter
1052 458 or chapter 459 may use the titles “anesthesiologist
1053 assistant” or “certified anesthesiologist assistant” and the
1054 abbreviations “A.A.” or “C.A.A.,” as applicable.
1055 (g) A physician licensed under chapter 458 or chapter 459
1056 may use a specialist title or designation according to s.
1057 458.3312 or s. 459.0152, as applicable.
1058 Section 19. Section 458.3312, Florida Statutes, is amended
1059 to read:
1060 458.3312 Specialties.—
1061 (1) A physician licensed under this chapter may not hold
1062 himself or herself out as a board-certified specialist unless
1063 the physician has received formal recognition as a specialist
1064 from a specialty board of the American Board of Medical
1065 Specialties or other recognizing agency that has been approved
1066 by the board. However, a physician may indicate the services
1067 offered and may state that his or her practice is limited to one
1068 or more types of services when this accurately reflects the
1069 scope of practice of the physician.
1070 (2) Specialist titles and designations to which subsection
1071 (1) applies include:
1072 (a) Surgeon.
1073 (b) Neurosurgeon.
1074 (c) General surgeon.
1075 (d) Plastic surgeon.
1076 (e) Thoracic surgeon.
1077 (f) Allergist.
1078 (g) Anesthesiologist.
1079 (h) Cardiologist.
1080 (i) Dermatologist.
1081 (j) Endocrinologist.
1082 (k) Gastroenterologist.
1083 (l) Geriatrician.
1084 (m) Gynecologist.
1085 (n) Hematologist.
1086 (o) Hospitalist.
1087 (p) Immunologist.
1088 (q) Intensivist.
1089 (r) Internist.
1090 (s) Laryngologist.
1091 (t) Nephrologist.
1092 (u) Neurologist.
1093 (v) Neurotologist.
1094 (w) Obstetrician.
1095 (x) Oncologist.
1096 (y) Ophthalmologist.
1097 (z) Orthopedic surgeon.
1098 (aa) Orthopedist.
1099 (bb) Otologist.
1100 (cc) Otolaryngologist.
1101 (dd) Otorhinolaryngologist.
1102 (ee) Pathologist.
1103 (ff) Pediatrician.
1104 (gg) Proctologist.
1105 (hh) Psychiatrist.
1106 (ii) Pulmonologist.
1107 (jj) Radiologist.
1108 (kk) Rheumatologist.
1109 (ll) Rhinologist.
1110 (mm) Urologist.
1111 (3) The board may adopt by rule additional specialist
1112 titles and designations to which subsection (1) applies.
1113 Section 20. Section 459.0152, Florida Statutes, is amended
1114 to read:
1115 459.0152 Specialties.—
1116 (1) An osteopathic physician licensed under this chapter
1117 may not hold himself or herself out as a board-certified
1118 specialist unless the osteopathic physician has successfully
1119 completed the requirements for certification by the American
1120 Osteopathic Association or the Accreditation Council on Graduate
1121 Medical Education and is certified as a specialist by a
1122 certifying agency approved by the board. However, an osteopathic
1123 physician may indicate the services offered and may state that
1124 his or her practice is limited to one or more types of services
1125 when this accurately reflects the scope of practice of the
1126 osteopathic physician.
1127 (2) Specialist titles and designations to which subsection
1128 (1) applies include:
1129 (a) Surgeon.
1130 (b) Neurosurgeon.
1131 (c) General surgeon.
1132 (d) Plastic surgeon.
1133 (e) Thoracic surgeon.
1134 (f) Allergist.
1135 (g) Anesthesiologist.
1136 (h) Cardiologist.
1137 (i) Dermatologist.
1138 (j) Endocrinologist.
1139 (k) Gastroenterologist.
1140 (l) Geriatrician.
1141 (m) Gynecologist.
1142 (n) Hematologist.
1143 (o) Hospitalist.
1144 (p) Immunologist.
1145 (q) Intensivist.
1146 (r) Internist.
1147 (s) Laryngologist.
1148 (t) Nephrologist.
1149 (u) Neurologist.
1150 (v) Neurotologist.
1151 (w) Obstetrician.
1152 (x) Oncologist.
1153 (y) Ophthalmologist.
1154 (z) Orthopedic surgeon.
1155 (aa) Orthopedist.
1156 (bb) Otologist.
1157 (cc) Otolaryngologist.
1158 (dd) Otorhinolaryngologist.
1159 (ee) Pathologist.
1160 (ff) Pediatrician.
1161 (gg) Proctologist.
1162 (hh) Psychiatrist.
1163 (ii) Pulmonologist.
1164 (jj) Radiologist.
1165 (kk) Rheumatologist.
1166 (ll) Rhinologist.
1167 (mm) Urologist.
1168 (3) The board may adopt by rule additional specialist
1169 titles and designations to which subsection (1) applies.
1170 Section 21. Paragraph (a) of subsection (2) of section
1171 463.0055, Florida Statutes, is amended to read:
1172 463.0055 Administration and prescription of ocular
1173 pharmaceutical agents.—
1174 (2)(a) The board shall establish a formulary of topical
1175 ocular pharmaceutical agents and their generic or therapeutic
1176 equivalents that may be prescribed and administered by a
1177 certified optometrist. The formulary must shall consist of those
1178 topical ocular pharmaceutical agents and the generic or
1179 therapeutic equivalent for any such agent included in the
1180 formulary which that are appropriate to treat or diagnose ocular
1181 diseases and disorders and that the certified optometrist is
1182 qualified to use in the practice of optometry. The board shall
1183 establish, add to, delete from, or modify the topical formulary
1184 by rule. Notwithstanding any provision of chapter 120 to the
1185 contrary, the topical formulary rule becomes effective 60 days
1186 from the date it is filed with the Secretary of State.
1187 Section 22. This act shall take effect July 1, 2025.
1188
1189 ================= T I T L E A M E N D M E N T ================
1190 And the title is amended as follows:
1191 Delete everything before the enacting clause
1192 and insert:
1193 A bill to be entitled
1194 An act relating to health care; amending s. 381.402,
1195 F.S.; revising eligibility requirements for the
1196 Florida Reimbursement Assistance for Medical Education
1197 Program; revising the proof required to make payments
1198 for participation in the program; creating s. 381.403,
1199 F.S.; providing legislative findings; creating the
1200 Rural Access to Primary and Preventive Care Grant
1201 Program within the Department of Health for a
1202 specified purpose; defining terms; requiring the
1203 department to award grants under the program to
1204 physicians, physician assistants, and autonomous
1205 advanced practice registered nurses intending to open
1206 new practices or practice locations in qualifying
1207 rural areas; specifying eligibility criteria for the
1208 grants; requiring the department, by a specified date,
1209 to create an application process for applying for
1210 grants under the program; specifying requirements for
1211 the application and application process; authorizing
1212 the department, subject to specific appropriation, to
1213 award grants under the program; specifying limitations
1214 on the awarding of grants; specifying expenses for
1215 which grant funds are authorized and prohibited;
1216 requiring the department to enter into a contract with
1217 each grant recipient; specifying requirements for the
1218 contracts; authorizing the department to adopt rules;
1219 requiring the department, beginning on a specified
1220 date and annually thereafter, to provide a report
1221 containing specified information to the Governor and
1222 the Legislature; providing for future legislative
1223 review and repeal of the program; creating s.
1224 381.9856, F.S.; creating the Stroke, Cardiac, and
1225 Obstetric Response and Education Grant Program within
1226 the department; specifying the purpose of the program;
1227 defining terms; requiring the department to award
1228 grants under the program to certain entities meeting
1229 specified criteria; requiring the department to give
1230 priority to certain applicants; limiting individual
1231 grants to a specified amount per year; requiring grant
1232 recipients to submit quarterly reports to the
1233 department; requiring the department to monitor
1234 program implementation and outcomes; requiring the
1235 department to submit an annual report to the Governor
1236 and the Legislature by a specified date; authorizing
1237 the department to adopt rules; providing construction;
1238 providing for future legislative review and repeal of
1239 the program; amending s. 395.6061, F.S.; providing
1240 that rural hospital capital grant improvement program
1241 funding may be awarded to rural hospitals to establish
1242 mobile care units and telehealth kiosks for specified
1243 purposes; defining terms; amending s. 409.904, F.S.;
1244 requiring that certain Medicaid-eligible persons who
1245 receive specified Medicaid-covered services and who
1246 are permanently disabled be presumed eligible for
1247 continued Medicaid coverage during redetermination
1248 processes; requiring the Agency for Health Care
1249 Administration to continue to make payments for such
1250 services; providing exceptions; requiring certain
1251 persons to notify the agency and the Department of
1252 Children and Families of certain changes in disability
1253 or economic status; authorizing the department to
1254 conduct a redetermination of eligibility under certain
1255 circumstances; requiring the department to make
1256 notifications under certain circumstances; defining
1257 the term “permanently disabled”; requiring the agency
1258 to seek federal authorization to exempt certain
1259 persons from annual redetermination of eligibility;
1260 requiring the agency and the department to develop a
1261 specified process; amending s. 395.1012, F.S.;
1262 requiring hospital emergency departments to develop
1263 and implement policies and procedures, conduct
1264 training, record weights in a certain manner,
1265 designate a pediatric emergency care coordinator, and
1266 conduct specified assessments; authorizing a hospital
1267 with an emergency department to conduct the National
1268 Pediatric Readiness Project’s Open Assessment under
1269 certain conditions; amending s. 395.1055, F.S.;
1270 requiring the agency to adopt certain rules for
1271 comprehensive emergency management plans, and, in
1272 consultation with the Florida Emergency Medical
1273 Services for Children State Partnership Program,
1274 establish minimum standards for pediatric patient care
1275 in hospital emergency departments; amending s. 408.05,
1276 F.S.; requiring the agency to collect and publish the
1277 results of specified assessments submitted by
1278 hospitals by specified dates; providing requirements
1279 for the collection and publication of such assessment
1280 scores; amending s. 456.42, F.S.; revising health care
1281 practitioners who may only electronically transmit
1282 prescriptions for certain drugs; revising exceptions;
1283 providing construction; republishing s. 456.43(1),
1284 F.S., relating to electronic prescribing for medicinal
1285 drugs; amending ss. 458.347 and 459.022, F.S.;
1286 conforming cross-references; amending s. 381.026,
1287 F.S.; revising the rights of patients, which each
1288 health care provider and facility are required to
1289 observe, to include that such facilities shall not
1290 deny admission, care, or services based solely on a
1291 patient’s vaccination status; amending s. 466.006,
1292 F.S.; revising the requirements for licensure as a
1293 dentist; amending s. 766.1115, F.S.; revising the
1294 definition of the term “health care provider” or
1295 “provider”; amending s. 456.003, F.S.; revising
1296 legislative findings; amending s. 456.065, F.S.;
1297 providing circumstances under which the Department of
1298 Health may issue a notice to cease and desist and
1299 pursue other remedies upon finding probable cause;
1300 creating s. 456.65, F.S.; prohibiting the use of
1301 specified titles and designations by health care
1302 practitioners not licensed as physicians or
1303 osteopathic physicians, as applicable, with an
1304 exception; providing that the use of such titles and
1305 designations constitutes the unlicensed practice of
1306 medicine or osteopathic medicine, as applicable;
1307 authorizing the department to pursue specified
1308 remedies for such violations; authorizing health care
1309 practitioners to use names and titles, and their
1310 corresponding designations and initials, authorized by
1311 their respective practice acts; specifying the manner
1312 in which health care practitioners may represent their
1313 specialty practice areas; specifying titles and
1314 abbreviations certain health care practitioners may
1315 use; amending ss. 458.3312 and 459.0152, F.S.;
1316 specifying specialist titles and designations that
1317 physicians and osteopathic physicians, respectively,
1318 are prohibited from using unless they have received
1319 formal recognition by the appropriate recognizing
1320 agency for such specialty certifications; authorizing
1321 the Board of Medicine and the Board of Osteopathic
1322 Medicine, as applicable, to adopt certain rules;
1323 amending s. 463.0055, F.S.; requiring the Board of
1324 Optometry to establish a formulary of the generic or
1325 therapeutic equivalents of topical ocular
1326 pharmaceutical agents for specific purposes; providing
1327 requirements for the formulary; providing an effective
1328 date.