text:
Florida Senate - 2020                       CS for CS for SB 230
By the Committees on Appropriations; and Health Policy; and
Senator Harrell
576-03169-20                                           2020230c2
2         An act relating to the Department of Health; amending
3         s. 39.303, F.S.; specifying direct reporting
4         requirements for certain positions within the
5         Children's Medical Services Program; amending s.
6         381.0042, F.S.; revising the purpose of patient care
7         networks from serving patients with acquired immune
8         deficiency syndrome to serving those with human
9         immunodeficiency virus; conforming provisions to
10         changes made by the act; deleting obsolete language;
11         amending s. 381.4018, F.S.; requiring the department
12         to develop strategies to maximize federal-state
13         partnerships that provide incentives for physicians to
14         practice in medically underserved or rural areas;
15         authorizing the department to adopt certain rules;
16         amending s. 381.915, F.S.; revising term limits for
17         Tier 3 cancer center designations within the Florida
18         Consortium of National Cancer Institute Centers
19         Program; amending s. 401.35, F.S.; clarifying
20         applicability of certain ambulance rules to include
21         emergency medical services vehicles; deleting the
22         requirement that the department base rules governing
23         medical supplies and equipment required in ambulances
24         and emergency medical services vehicles on a certain
25         association's standards; deleting the requirement that
26         the department base rules governing ambulance or
27         emergency medical services vehicle design and
28         construction on a certain agency's standards and
29         instead requiring the department to base such rules on
30         national standards recognized by the department;
31         amending s. 404.031, F.S.; defining the term ″useful
32         beam″; amending s. 404.22, F.S.; providing limitations
33         on the maintenance, operation, and modification of
34         certain radiation machines; providing conditions for
35         the authorized exposure of human beings to the
36         radiation emitted from a radiation machine; amending
37         s. 456.013, F.S.; revising health care practitioner
38         licensure application requirements; authorizing the
39         board or department to issue a temporary license to
40         certain applicants which expires after 60 days;
41         amending s. 456.072, F.S.; revising grounds for
42         certain disciplinary actions to conform to changes
43         made by the act; repealing s. 456.0721, F.S., relating
44         to health care practitioners in default on student
45         loan or scholarship obligations; amending s. 456.074,
46         F.S.; conforming provisions to changes made by the
47         act; amending s. 458.3145, F.S.; revising the list of
48         individuals who may be issued a medical faculty
49         certificate without examination; amending s. 458.3312,
50         F.S.; removing a prohibition against physicians
51         representing themselves as board-certified specialists
52         in dermatology unless the recognizing agency is
53         reviewed and reauthorized on a specified basis by the
54         Board of Medicine; amending s. 459.0055, F.S.;
55         revising licensure requirements for a person seeking
56         licensure or certification as an osteopathic
57         physician; repealing s. 460.4166, F.S., relating to
58         registered chiropractic assistants; amending s.
59         464.019, F.S.; extending through 2025 the Florida
60         Center for Nursing's responsibility to study and issue
61         an annual report on the implementation of nursing
62         education programs; amending s. 464.202, F.S.;
63         requiring the Board of Nursing to adopt rules that
64         include disciplinary procedures and standards of
65         practice for certified nursing assistants; amending s.
66         464.203, F.S.; revising certification requirements for
67         nursing assistants; amending s. 464.204, F.S.;
68         revising grounds for board-imposed disciplinary
69         sanctions; amending s. 466.006, F.S.; revising certain
70         examination requirements for applicants seeking dental
71         licensure; reviving, reenacting, and amending s.
72         466.0067, F.S., relating to the application for a
73         health access dental license; reviving, reenacting,
74         and amending s. 466.00671, F.S., relating to the
75         renewal of such a license; reviving and reenacting s.
76         466.00672, F.S., relating to the revocation of such a
77         license; amending s. 466.007, F.S.; revising
78         requirements for examinations of dental hygienists;
79         amending s. 466.017, F.S.; requiring dentists and
80         certified registered dental hygienists to report in
81         writing certain adverse incidents to the department
82         within a specified timeframe; providing for
83         disciplinary action by the Board of Dentistry for
84         violations; defining the term "adverse incident";
85         authorizing the board to adopt rules; amending s.
86         466.031, F.S.; making technical changes; authorizing
87         an employee or an independent contractor of a dental
88         laboratory, acting as an agent of that dental
89         laboratory, to engage in onsite consultation with a
90         licensed dentist during a dental procedure; amending
91         s. 466.036, F.S.; revising the frequency of dental
92         laboratory inspections during a specified period;
93         amending s. 468.701, F.S.; revising the definition of
94         the term "athletic trainer"; deleting a requirement
95         that is relocated to another section; amending s.
96         468.707, F.S.; revising athletic trainer licensure
97         requirements; amending s. 468.711, F.S.; requiring
98         certain licensees to maintain certification in good
99         standing without lapse as a condition of renewal of
100         their athletic trainer licenses; amending s. 468.713,
101         F.S.; requiring that an athletic trainer work within a
102         specified scope of practice; relocating an existing
103         requirement that was stricken from another section;
104         amending s. 468.723, F.S.; requiring the direct
105         supervision of an athletic training student to be in
106         accordance with rules adopted by the Board of Athletic
107         Training; amending s. 468.803, F.S.; revising
108         orthotic, prosthetic, and pedorthic licensure,
109         registration, and examination requirements; amending
110         s. 480.033, F.S.; revising the definition of the term
111         "apprentice"; amending s. 480.041, F.S.; revising
112         qualifications for licensure as a massage therapist;
113         specifying that massage apprentices licensed before a
114         specified date may continue to perform massage therapy
115         as authorized under their licenses; authorizing
116         massage apprentices to apply for full licensure upon
117         completion of their apprenticeships, under certain
118         conditions; repealing s. 480.042, F.S., relating to
119         examinations for licensure as a massage therapist;
120         amending s. 490.003, F.S.; revising the definition of
121         the terms "doctoral-level psychological education" and
122         "doctoral degree in psychology"; amending s. 490.005,
123         F.S.; revising requirements for licensure by
124         examination of psychologists and school psychologists;
125         amending s. 490.006, F.S.; revising requirements for
126         licensure by endorsement of psychologists and school
127         psychologists; amending s. 491.0045, F.S.; exempting
128         clinical social worker interns, marriage and family
129         therapist interns, and mental health counselor interns
130         from registration requirements, under certain
131         circumstances; amending s. 491.005, F.S.; revising
132         requirements for the licensure by examination of
133         marriage and family therapists; revising requirements
134         for the licensure by examination of mental health
135         counselors; amending s. 491.006, F.S.; revising
136         requirements for licensure by endorsement or
137         certification for specified professions; amending s.
138         491.007, F.S.; removing a biennial intern registration
139         fee; amending s. 491.009, F.S.; authorizing the Board
140         of Clinical Social Work, Marriage and Family Therapy,
141         and Mental Health Counseling or, under certain
142         circumstances, the department to enter an order
143         denying licensure or imposing penalties against an
144         applicant for licensure under certain circumstances;
145         amending ss. 491.0046 and 945.42, F.S.; conforming
146         cross-references; reenacting s. 459.021(6), F.S.,
147         relating to registration of osteopathic resident
148         physicians, interns, and fellows, to incorporate the
149         amendment made to s. 459.0055, F.S., in a reference
150         thereto; providing for retroactive applicability of
151         specified provisions; providing an effective date.
153  Be It Enacted by the Legislature of the State of Florida:
155         Section 1. Paragraphs (a) and (b) of subsection (2) of
156  section 39.303, Florida Statutes, are amended to read:
157         39.303 Child Protection Teams and sexual abuse treatment
158  programs; services; eligible cases.—
159         (2)(a) The Statewide Medical Director for Child Protection
160  must be a physician licensed under chapter 458 or chapter 459
161  who is a board-certified pediatrician with a subspecialty
162  certification in child abuse from the American Board of
163  Pediatrics. The Statewide Medical Director for Child Protection
164  shall report directly to the Deputy Secretary for Children's
165  Medical Services.
166         (b) Each Child Protection Team medical director must be a
167  physician licensed under chapter 458 or chapter 459 who is a
168  board-certified physician in pediatrics or family medicine and,
169  within 2 years after the date of employment as a Child
170  Protection Team medical director, obtains a subspecialty
172  Pediatrics or within 2 years meet the minimum requirements
173  established by a third-party credentialing entity recognizing a
174  demonstrated specialized competence in child abuse pediatrics
175  pursuant to paragraph (d). Each Child Protection Team medical
176  director employed on July 1, 2015, must, by July 1, 2019, either
177  obtain a subspecialty certification in child abuse from the
178  American Board of Pediatrics or meet the minimum requirements
181  pursuant to paragraph (d). Child Protection Team medical
182  directors shall be responsible for oversight of the teams in the
183  circuits. Each Child Protection Team medical director shall
184  report directly to the Statewide Medical Director for Child
185  Protection.
186         Section 2. Section 381.0042, Florida Statutes, is amended
187  to read:
188         381.0042 Patient care for persons with HIV infection.—The
189  department may establish human immunodeficiency virus acquired
190  immune deficiency syndrome patient care networks in each region
191  of the state where the number numbers of cases of acquired
192  immune deficiency syndrome and other human immunodeficiency
193  virus transmission infections justifies the establishment of
194  cost-effective regional patient care networks. Such networks
195  shall be delineated by rule of the department which shall take
196  into account natural trade areas and centers of medical
197  excellence that specialize in the treatment of human
198  immunodeficiency virus acquired immune deficiency syndrome, as
199  well as available federal, state, and other funds. Each patient
200  care network shall include representation of persons with human
201  immunodeficiency virus infection; health care providers;
202  business interests; the department, including, but not limited
203  to, county health departments; and local units of government.
204  Each network shall plan for the care and treatment of persons
205  with human immunodeficiency virus acquired immune deficiency
206  syndrome and acquired immune deficiency syndrome related complex
207  in a cost-effective, dignified manner that which emphasizes
208  outpatient and home care. Once per each year, beginning April
209  1989, each network shall make its recommendations concerning the
210  needs for patient care to the department.
211         Section 3. Subsection (3) of section 381.4018, Florida
212  Statutes, is amended to read:
213         381.4018 Physician workforce assessment and development.—
214         (3) GENERAL FUNCTIONS.—The department shall maximize the
215  use of existing programs under the jurisdiction of the
216  department and other state agencies and coordinate governmental
217  and nongovernmental stakeholders and resources in order to
218  develop a state strategic plan and assess the implementation of
219  such strategic plan. In developing the state strategic plan, the
220  department shall:
221         (a) Monitor, evaluate, and report on the supply and
222  distribution of physicians licensed under chapter 458 or chapter
223  459. The department shall maintain a database to serve as a
224  statewide source of data concerning the physician workforce.
225         (b) Develop a model and quantify, on an ongoing basis, the
226  adequacy of the state's current and future physician workforce
227  as reliable data becomes available. Such model must take into
228  account demographics, physician practice status, place of
229  education and training, generational changes, population growth,
230  economic indicators, and issues concerning the "pipeline" into
231  medical education.
232         (c) Develop and recommend strategies to determine whether
233  the number of qualified medical school applicants who might
234  become competent, practicing physicians in this state will be
235  sufficient to meet the capacity of the state's medical schools.
236  If appropriate, the department shall, working with
237  representatives of appropriate governmental and nongovernmental
238  entities, develop strategies and recommendations and identify
239  best practice programs that introduce health care as a
240  profession and strengthen skills needed for medical school
241  admission for elementary, middle, and high school students, and
242  improve premedical education at the precollege and college level
243  in order to increase this state's potential pool of medical
244  students.
245         (d) Develop strategies to ensure that the number of
246  graduates from the state's public and private allopathic and
247  osteopathic medical schools is adequate to meet physician
248  workforce needs, based on the analysis of the physician
249  workforce data, so as to provide a high-quality medical
250  education to students in a manner that recognizes the uniqueness
251  of each new and existing medical school in this state.
252         (e) Pursue strategies and policies to create, expand, and
253  maintain graduate medical education positions in the state based
254  on the analysis of the physician workforce data. Such strategies
255  and policies must take into account the effect of federal
256  funding limitations on the expansion and creation of positions
257  in graduate medical education. The department shall develop
258  options to address such federal funding limitations. The
259  department shall consider options to provide direct state
260  funding for graduate medical education positions in a manner
261  that addresses requirements and needs relative to accreditation
262  of graduate medical education programs. The department shall
263  consider funding residency positions as a means of addressing
264  needed physician specialty areas, rural areas having a shortage
265  of physicians, and areas of ongoing critical need, and as a
266  means of addressing the state's physician workforce needs based
267  on an ongoing analysis of physician workforce data.
268         (f) Develop strategies to maximize federal and state
269  programs that provide for the use of incentives to attract
270  physicians to this state or retain physicians within the state.
271  Such strategies should explore and maximize federal-state
272  partnerships that provide incentives for physicians to practice
273  in federally designated shortage areas, in otherwise medically
274  underserved areas, or in rural areas. Strategies shall also
275  consider the use of state programs, such as the Medical
276  Education Reimbursement and Loan Repayment Program pursuant to
277  s. 1009.65, which provide for education loan repayment or loan
278  forgiveness and provide monetary incentives for physicians to
279  relocate to underserved areas of the state.
280         (g) Coordinate and enhance activities relative to physician
281  workforce needs, undergraduate medical education, graduate
282  medical education, and reentry of retired military and other
283  physicians into the physician workforce provided by the Division
284  of Medical Quality Assurance, area health education center
285  networks established pursuant to s. 381.0402, and other offices
286  and programs within the department as designated by the State
287  Surgeon General.
288         (h) Work in conjunction with and act as a coordinating body
289  for governmental and nongovernmental stakeholders to address
290  matters relating to the state's physician workforce assessment
291  and development for the purpose of ensuring an adequate supply
292  of well-trained physicians to meet the state's future needs.
293  Such governmental stakeholders shall include, but need not be
294  limited to, the State Surgeon General or his or her designee,
295  the Commissioner of Education or his or her designee, the
296  Secretary of Health Care Administration or his or her designee,
297  and the Chancellor of the State University System or his or her
298  designee, and, at the discretion of the department, other
299  representatives of state and local agencies that are involved in
300  assessing, educating, or training the state's current or future
301  physicians. Other stakeholders shall include, but need not be
302  limited to, organizations representing the state's public and
303  private allopathic and osteopathic medical schools;
304  organizations representing hospitals and other institutions
305  providing health care, particularly those that currently provide
306  or have an interest in providing accredited medical education
307  and graduate medical education to medical students and medical
308  residents; organizations representing allopathic and osteopathic
309  practicing physicians; and, at the discretion of the department,
310  representatives of other organizations or entities involved in
312  physicians.
313         (i) Serve as a liaison with other states and federal
314  agencies and programs in order to enhance resources available to
315  the state's physician workforce and medical education continuum.
316         (j) Act as a clearinghouse for collecting and disseminating
317  information concerning the physician workforce and medical
318  education continuum in this state.
320  The department may adopt rules to implement this subsection,
321  including rules that establish guidelines to implement the
322  federal Conrad 30 Waiver Program created under s. 214(l) of the
323  Immigration and Nationality Act.
324         Section 4. Paragraph (c) of subsection (4) of section
325  381.915, Florida Statutes, is amended to read:
326         381.915 Florida Consortium of National Cancer Institute
327  Centers Program.—
328         (4) Tier designations and corresponding weights within the
329  Florida Consortium of National Cancer Institute Centers Program
330  are as follows:
331         (c) Tier 3: Florida-based cancer centers seeking
332  designation as either a NCI-designated cancer center or NCI
333  designated comprehensive cancer center, which shall be weighted
334  at 1.0.
335         1. A cancer center shall meet the following minimum
336  criteria to be considered eligible for Tier 3 designation in any
337  given fiscal year:
338         a. Conducting cancer-related basic scientific research and
339  cancer-related population scientific research;
340         b. Offering and providing the full range of diagnostic and
341  treatment services on site, as determined by the Commission on
342  Cancer of the American College of Surgeons;
343         c. Hosting or conducting cancer-related interventional
344  clinical trials that are registered with the NCI's Clinical
345  Trials Reporting Program;
346         d. Offering degree-granting programs or affiliating with
347  universities through degree-granting programs accredited or
348  approved by a nationally recognized agency and offered through
349  the center or through the center in conjunction with another
350  institution accredited by the Commission on Colleges of the
351  Southern Association of Colleges and Schools;
352         e. Providing training to clinical trainees, medical
353  trainees accredited by the Accreditation Council for Graduate
354  Medical Education or the American Osteopathic Association, and
355  postdoctoral fellows recently awarded a doctorate degree; and
356         f. Having more than $5 million in annual direct costs
357  associated with their total NCI peer-reviewed grant funding.
358         2. The General Appropriations Act or accompanying
359  legislation may limit the number of cancer centers which shall
360  receive Tier 3 designations or provide additional criteria for
361  such designation.
362         3. A cancer center's participation in Tier 3 may not extend
363  beyond June 30, 2024 shall be limited to 6 years.
364         4. A cancer center that qualifies as a designated Tier 3
365  center under the criteria provided in subparagraph 1. by July 1,
366  2014, is authorized to pursue NCI designation as a cancer center
367  or a comprehensive cancer center until June 30, 2024 for 6 years
368  after qualification.
369         Section 5. Paragraphs (c) and (d) of subsection (1) of
370  section 401.35, Florida Statutes, are amended to read:
371         401.35 Rules.—The department shall adopt rules, including
372  definitions of terms, necessary to carry out the purposes of
373  this part.
374         (1) The rules must provide at least minimum standards
375  governing:
376         (c) Ground ambulance and vehicle equipment and supplies
377  that a licensee with a valid vehicle permit under s. 401.26 is
378  required to maintain to provide basic or advanced life support
379  services at least as comprehensive as those published in the
380  most current edition of the American College of Surgeons,
381  Committee on Trauma, list of essential equipment for ambulances,
382  as interpreted by rules of the department.
383         (d) Ground ambulance or vehicle design and construction
384  based on national standards recognized by the department and at
385  least equal to those most currently recommended by the United
386  States General Services Administration as interpreted by
387  department rule rules of the department.
388         Section 6. Subsection (21) is added to section 404.031,
389  Florida Statutes, to read:
390         404.031 Definitions.—As used in this chapter, unless the
391  context clearly indicates otherwise, the term:
392         (21) ″Useful beam″ means that portion of the radiation
393  emitted from a radiation machine through the aperture of the
394  machine′s beam-limiting device which is designed to focus the
395  radiation on the intended target in order to accomplish the
396  machine′s purpose when the machine′s exposure controls are in a
397  mode to cause the system to produce radiation.
398         Section 7. Subsections (7) and (8) are added to section
399  404.22, Florida Statutes, to read:
400         404.22 Radiation machines and components; inspection.—
401         (7) Radiation machines that are used to intentionally
402  expose a human being to the useful beam:
403         (a) Must be maintained and operated according to
404  manufacturer standards or nationally recognized consensus
405  standards accepted by the department;
406         (b) Must be operated at the lowest exposure that will
407  achieve the intended purpose of the exposure; and
408         (c) May not be modified in a manner that causes the
409  original parts to operate in a way that differs from the
410  original manufacturer′s design specification or the parameters
411  approved for the machine and its components by the United States
412  Food and Drug Administration.
413         (8) A human being may be exposed to the useful beam of a
414  radiation machine only under the following conditions:
415         (a) For the purpose of medical or health care, if a
416  licensed health care practitioner operating within the scope of
417  his or her practice has determined that the exposure provides a
418  medical or health benefit greater than the health risks posed by
419  the exposure and the health care practitioner uses the results
420  of the exposure in the medical or health care of the exposed
421  individual; or
422         (b) For the purpose of providing security for facilities or
423  other venues, if the exposure is determined to provide a life
424  safety benefit to the individual exposed which is greater than
425  the health risk posed by the exposure. Such determination must
426  be made by an individual trained in evaluating and calculating
427  comparative mortality and morbidity risks according to standards
428  set by the department. To be valid, the calculation and method
429  of making the determination must be submitted to and accepted by
430  the department. Limits to annual total exposure for security
431  purposes must be adopted by department rule based on nationally
432  recognized limits or relevant consensus standards.
434  section 456.013, Florida Statutes, are amended to read:
435         456.013 Department; general licensing provisions.—
436         (1)(a) Any person desiring to be licensed in a profession
437  within the jurisdiction of the department must shall apply to
438  the department in writing to take the licensure examination. The
439  application must shall be made on a form prepared and furnished
440  by the department. The application form must be available on the
441  Internet, World Wide Web and the department may accept
442  electronically submitted applications. The application shall
443  require the social security number and date of birth of the
444  applicant, except as provided in paragraphs (b) and (c). The
445  form shall be supplemented as needed to reflect any material
446  change in any circumstance or condition stated in the
447  application which takes place between the initial filing of the
448  application and the final grant or denial of the license and
449  which might affect the decision of the department. If an
450  application is submitted electronically, the department may
451  require supplemental materials, including an original signature
452  of the applicant and verification of credentials, to be
453  submitted in a nonelectronic format. An incomplete application
454  shall expire 1 year after initial filing. In order to further
455  the economic development goals of the state, and notwithstanding
456  any law to the contrary, the department may enter into an
457  agreement with the county tax collector for the purpose of
458  appointing the county tax collector as the department's agent to
459  accept applications for licenses and applications for renewals
460  of licenses. The agreement must specify the time within which
461  the tax collector must forward any applications and accompanying
462  application fees to the department.
463         (b) If an applicant has not been issued a social security
464  number by the Federal Government at the time of application
465  because the applicant is not a citizen or resident of this
466  country, the department may process the application using a
467  unique personal identification number. If such an applicant is
468  otherwise eligible for licensure, the board, or the department
469  when there is no board, may issue a temporary license to the
470  applicant, which shall expire 30 days after issuance unless a
471  social security number is obtained and submitted in writing to
472  the department. A temporary license issued under this paragraph
473  to an applicant who has accepted a position with an accredited
474  residency, internship, or fellowship program in this state and
475  is applying for registration under s. 458.345 or s. 459.021
476  shall expire 60 days after issuance unless the applicant obtains
477  a social security number and submits it in writing to the
478  department. Upon receipt of the applicant's social security
479  number, the department shall issue a new license, which shall
480  expire at the end of the current biennium.
481         Section 9. Paragraph (k) of subsection (1) of section
483         456.072 Grounds for discipline; penalties; enforcement.—
484         (1) The following acts shall constitute grounds for which
485  the disciplinary actions specified in subsection (2) may be
486  taken:
487         (k) Failing to perform any statutory or legal obligation
488  placed upon a licensee. For purposes of this section, failing to
489  repay a student loan issued or guaranteed by the state or the
490  Federal Government in accordance with the terms of the loan is
491  not or failing to comply with service scholarship obligations
492  shall be considered a failure to perform a statutory or legal
493  obligation, and the minimum disciplinary action imposed shall be
494  a suspension of the license until new payment terms are agreed
495  upon or the scholarship obligation is resumed, followed by
496  probation for the duration of the student loan or remaining
497  scholarship obligation period, and a fine equal to 10 percent of
498  the defaulted loan amount. Fines collected shall be deposited
499  into the Medical Quality Assurance Trust Fund.
500         Section 10. Section 456.0721, Florida Statutes, is
501  repealed.
502         Section 11. Subsection (4) of section 456.074, Florida
504         456.074 Certain health care practitioners; immediate
505  suspension of license.—
506         (4) Upon receipt of information that a Florida-licensed
507  health care practitioner has defaulted on a student loan issued
508  or guaranteed by the state or the Federal Government, the
509  department shall notify the licensee by certified mail that he
510  or she shall be subject to immediate suspension of license
511  unless, within 45 days after the date of mailing, the licensee
512  provides proof that new payment terms have been agreed upon by
513  all parties to the loan. The department shall issue an emergency
514  order suspending the license of any licensee who, after 45 days
515  following the date of mailing from the department, has failed to
516  provide such proof. Production of such proof shall not prohibit
517  the department from proceeding with disciplinary action against
518  the licensee pursuant to s. 456.073.
519         Section 12. Subsection (1) of section 458.3145, Florida
521         458.3145 Medical faculty certificate.—
522         (1) A medical faculty certificate may be issued without
523  examination to an individual who:
524         (a) Is a graduate of an accredited medical school or its
525  equivalent, or is a graduate of a foreign medical school listed
526  with the World Health Organization;
527         (b) Holds a valid, current license to practice medicine in
528  another jurisdiction;
529         (c) Has completed the application form and remitted a
530  nonrefundable application fee not to exceed $500;
531         (d) Has completed an approved residency or fellowship of at
532  least 1 year or has received training which has been determined
533  by the board to be equivalent to the 1-year residency
534  requirement;
535         (e) Is at least 21 years of age;
536         (f) Is of good moral character;
537         (g) Has not committed any act in this or any other
538  jurisdiction which would constitute the basis for disciplining a
539  physician under s. 458.331;
540         (h) For any applicant who has graduated from medical school
541  after October 1, 1992, has completed, before entering medical
542  school, the equivalent of 2 academic years of preprofessional,
543  postsecondary education, as determined by rule of the board,
544  which must include, at a minimum, courses in such fields as
545  anatomy, biology, and chemistry; and
546         (i) Has been offered and has accepted a full-time faculty
547  appointment to teach in a program of medicine at:
548         1. The University of Florida;
549         2. The University of Miami;
550         3. The University of South Florida;
551         4. The Florida State University;
552         5. The Florida International University;
553         6. The University of Central Florida;
554         7. The Mayo Clinic College of Medicine and Science in
555  Jacksonville, Florida;
556         8. The Florida Atlantic University; or
557         9. The Johns Hopkins All Children's Hospital in St.
558  Petersburg, Florida;
559         10. Nova Southeastern University; or
560         11. Lake Erie College of Osteopathic Medicine.
561         Section 13. Section 458.3312, Florida Statutes, is amended
563         458.3312 Specialties.—A physician licensed under this
564  chapter may not hold himself or herself out as a board-certified
565  specialist unless the physician has received formal recognition
566  as a specialist from a specialty board of the American Board of
567  Medical Specialties or other recognizing agency that has been
568  approved by the board. However, a physician may indicate the
569  services offered and may state that his or her practice is
570  limited to one or more types of services when this accurately
571  reflects the scope of practice of the physician. A physician may
572  not hold himself or herself out as a board-certified specialist
573  in dermatology unless the recognizing agency, whether authorized
574  in statute or by rule, is triennially reviewed and reauthorized
575  by the Board of Medicine.
578         459.0055 General licensure requirements.—
579         (1) Except as otherwise provided herein, any person
580  desiring to be licensed or certified as an osteopathic physician
581  pursuant to this chapter shall:
582         (a) Complete an application form and submit the appropriate
583  fee to the department;
584         (b) Be at least 21 years of age;
585         (c) Be of good moral character;
586         (d) Have completed at least 3 years of preprofessional
587  postsecondary education;
588         (e) Have not previously committed any act that would
589  constitute a violation of this chapter, unless the board
590  determines that such act does not adversely affect the
591  applicant's present ability and fitness to practice osteopathic
592  medicine;
593         (f) Not be under investigation in any jurisdiction for an
594  act that would constitute a violation of this chapter. If, upon
595  completion of such investigation, it is determined that the
596  applicant has committed an act that would constitute a violation
597  of this chapter, the applicant is ineligible for licensure
598  unless the board determines that such act does not adversely
599  affect the applicant's present ability and fitness to practice
600  osteopathic medicine;
601         (g) Have not had an application for a license to practice
602  osteopathic medicine denied or a license to practice osteopathic
603  medicine revoked, suspended, or otherwise acted against by the
604  licensing authority of any jurisdiction unless the board
605  determines that the grounds on which such action was taken do
606  not adversely affect the applicant's present ability and fitness
607  to practice osteopathic medicine. A licensing authority's
608  acceptance of a physician's relinquishment of license,
609  stipulation, consent order, or other settlement, offered in
610  response to or in anticipation of the filing of administrative
611  charges against the osteopathic physician, shall be considered
612  action against the osteopathic physician's license;
613         (h) Not have received less than a satisfactory evaluation
614  from an internship, residency, or fellowship training program,
617  osteopathic medicine. Such evaluation shall be provided by the
618  director of medical education from the medical training
619  facility;
620         (i) Have met the criteria set forth in s. 459.0075, s.
621  459.0077, or s. 459.021, whichever is applicable;
622         (j) Submit to the department a set of fingerprints on a
623  form and under procedures specified by the department, along
624  with a payment in an amount equal to the costs incurred by the
625  Department of Health for the criminal background check of the
626  applicant;
627         (k) Demonstrate that he or she is a graduate of a medical
628  college recognized and approved by the American Osteopathic
629  Association;
630         (l) Demonstrate that she or he has successfully completed
631  an internship or residency a resident internship of not less
632  than 12 months in a program accredited hospital approved for
633  this purpose by the Board of Trustees of the American
634  Osteopathic Association or the Accreditation Council for
635  Graduate Medical Education any other internship program approved
636  by the board upon a showing of good cause by the applicant. This
637  requirement may be waived for an applicant who matriculated in a
638  college of osteopathic medicine during or before 1948; and
639         (m) Demonstrate that she or he has obtained a passing
640  score, as established by rule of the board, on all parts of the
641  examination conducted by the National Board of Osteopathic
642  Medical Examiners or other examination approved by the board no
643  more than 5 years before making application in this state or, if
644  holding a valid active license in another state, that the
645  initial licensure in the other state occurred no more than 5
646  years after the applicant obtained a passing score on the
648  Medical Examiners or other substantially similar examination
649  approved by the board.
652         Section 16. Subsection (10) of section 464.019, Florida
654         464.019 Approval of nursing education programs.—
655         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
656  shall study the administration of this section and submit
657  reports to the Governor, the President of the Senate, and the
658  Speaker of the House of Representatives annually by January 30,
659  through January 30, 2025 2020. The annual reports shall address
660  the previous academic year; provide data on the measures
661  specified in paragraphs (a) and (b), as such data becomes
662  available; and include an evaluation of such data for purposes
663  of determining whether this section is increasing the
664  availability of nursing education programs and the production of
665  quality nurses. The department and each approved program or
666  accredited program shall comply with requests for data from the
667  Florida Center for Nursing.
668         (a) The Florida Center for Nursing shall evaluate program
669  specific data for each approved program and accredited program
670  conducted in the state, including, but not limited to:
671         1. The number of programs and student slots available.
672         2. The number of student applications submitted, the number
673  of qualified applicants, and the number of students accepted.
674         3. The number of program graduates.
675         4. Program retention rates of students tracked from program
676  entry to graduation.
677         5. Graduate passage rates on the National Council of State
678  Boards of Nursing Licensing Examination.
679         6. The number of graduates who become employed as practical
680  or professional nurses in the state.
681         (b) The Florida Center for Nursing shall evaluate the
682  board's implementation of the:
683         1. Program application approval process, including, but not
684  limited to, the number of program applications submitted under
685  subsection (1),; the number of program applications approved and
686  denied by the board under subsection (2),; the number of denials
687  of program applications reviewed under chapter 120,; and a
688  description of the outcomes of those reviews.
689         2. Accountability processes, including, but not limited to,
690  the number of programs on probationary status, the number of
691  approved programs for which the program director is required to
692  appear before the board under subsection (5), the number of
693  approved programs terminated by the board, the number of
694  terminations reviewed under chapter 120, and a description of
695  the outcomes of those reviews.
696         (c) The Florida Center for Nursing shall complete an annual
697  assessment of compliance by programs with the accreditation
698  requirements of subsection (11), include in the assessment a
699  determination of the accreditation process status for each
700  program, and submit the assessment as part of the reports
701  required by this subsection.
702         Section 17. Section 464.202, Florida Statutes, is amended
704         464.202 Duties and powers of the board.—The board shall
705  maintain, or contract with or approve another entity to
706  maintain, a state registry of certified nursing assistants. The
707  registry must consist of the name of each certified nursing
708  assistant in this state; other identifying information defined
709  by board rule; certification status; the effective date of
710  certification; other information required by state or federal
711  law; information regarding any crime or any abuse, neglect, or
712  exploitation as provided under chapter 435; and any disciplinary
713  action taken against the certified nursing assistant. The
714  registry shall be accessible to the public, the
715  certificateholder, employers, and other state agencies. The
716  board shall adopt by rule testing procedures for use in
717  certifying nursing assistants and shall adopt rules regulating
718  the practice of certified nursing assistants, including
719  disciplinary procedures and standards of practice, and
720  specifying the scope of practice authorized and the level of
721  supervision required for the practice of certified nursing
722  assistants. The board may contract with or approve another
723  entity or organization to provide the examination services,
724  including the development and administration of examinations.
725  The board shall require that the contract provider offer
726  certified nursing assistant applications via the Internet, and
727  may require the contract provider to accept certified nursing
728  assistant applications for processing via the Internet. The
729  board shall require the contract provider to provide the
730  preliminary results of the certified nursing examination on the
731  date the test is administered. The provider shall pay all
732  reasonable costs and expenses incurred by the board in
733  evaluating the provider's application and performance during the
734  delivery of services, including examination services and
735  procedures for maintaining the certified nursing assistant
736  registry.
737         Section 18. Paragraph (c) of subsection (1) of section
739         464.203 Certified nursing assistants; certification
740  requirement.—
741         (1) The board shall issue a certificate to practice as a
742  certified nursing assistant to any person who demonstrates a
743  minimum competency to read and write and successfully passes the
744  required background screening pursuant to s. 400.215. If the
745  person has successfully passed the required background screening
746  pursuant to s. 400.215 or s. 408.809 within 90 days before
747  applying for a certificate to practice and the person's
748  background screening results are not retained in the
749  clearinghouse created under s. 435.12, the board shall waive the
750  requirement that the applicant successfully pass an additional
751  background screening pursuant to s. 400.215. The person must
752  also meet one of the following requirements:
753         (c) Is currently certified in another state or territory of
754  the United States or in the District of Columbia; is listed on
755  that jurisdiction's state's certified nursing assistant
756  registry; and has not been found to have committed abuse,
757  neglect, or exploitation in that jurisdiction state.
758         Section 19. Paragraph (b) of subsection (1) of section
760         464.204 Denial, suspension, or revocation of certification;
761  disciplinary actions.—
762         (1) The following acts constitute grounds for which the
763  board may impose disciplinary sanctions as specified in
764  subsection (2):
765         (b) Intentionally Violating any provision of this chapter,
766  chapter 456, or the rules adopted by the board.
767         Section 20. Subsections (3) and (4) of section 466.006,
768  Florida Statutes, are amended to read:
769         466.006 Examination of dentists.—
770         (3) If an applicant is a graduate of a dental college or
771  school not accredited in accordance with paragraph (2)(b) or of
772  a dental college or school not approved by the board, the
773  applicant is not entitled to take the examinations required in
774  this section to practice dentistry until she or he satisfies one
775  of the following:
776         (a) Completes a program of study, as defined by the board
777  by rule, at an accredited American dental school and
778  demonstrates receipt of a D.D.S. or D.M.D. from said school; or
779         (b) Submits proof of having successfully completed at least
780  2 consecutive academic years at a full-time supplemental general
781  dentistry program accredited by the American Dental Association
782  Commission on Dental Accreditation. This program must provide
783  didactic and clinical education at the level of a D.D.S. or
784  D.M.D. program accredited by the American Dental Association
785  Commission on Dental Accreditation. For purposes of this
786  paragraph, a supplemental general dentistry program does not
787  include an advanced education program in a dental specialty.
788         (4) Notwithstanding any other provision of law in chapter
789  456 pertaining to the clinical dental licensure examination or
790  national examinations, to be licensed as a dentist in this
791  state, an applicant must successfully complete both of the
792  following:
793         (a) A written examination on the laws and rules of the
794  state regulating the practice of dentistry.;
795         (b)1. A practical or clinical examination, which must shall
796  be the American Dental Licensing Examination produced by the
797  American Board of Dental Examiners, Inc., or its successor
798  entity, if any, that is administered in this state and graded by
799  dentists licensed in this state and employed by the department
800  for just such purpose, provided that the board has attained, and
801  continues to maintain thereafter, representation on the board of
802  directors of the American Board of Dental Examiners, the
803  examination development committee of the American Board of
804  Dental Examiners, and such other committees of the American
805  Board of Dental Examiners as the board deems appropriate by rule
806  to assure that the standards established herein are maintained
807  organizationally. A passing score on the American Dental
808  Licensing Examination administered in this state and graded by
809  dentists who are licensed in this state is valid for 365 days
810  after the date the official examination results are published.
811         1.2.a. As an alternative to such practical or clinical
812  examination the requirements of subparagraph 1., an applicant
813  may submit scores from an American Dental Licensing Examination
814  previously administered in a jurisdiction other than this state
815  after October 1, 2011, and such examination results shall be
816  recognized as valid for the purpose of licensure in this state.
817  A passing score on the American Dental Licensing Examination
818  administered out of state out-of-state shall be the same as the
819  passing score for the American Dental Licensing Examination
820  administered in this state and graded by dentists who are
821  licensed in this state. The examination results are valid for
822  365 days after the date the official examination results are
823  published. The applicant must have completed the examination
824  after October 1, 2011.
825         b. This subparagraph may not be given retroactive
826  application.
827         2.3. If the date of an applicant's passing American Dental
828  Licensing Examination scores from an examination previously
829  administered in a jurisdiction other than this state under
830  subparagraph 1. subparagraph 2. is older than 365 days, then
831  such scores are shall nevertheless be recognized as valid for
832  the purpose of licensure in this state, but only if the
833  applicant demonstrates that all of the following additional
834  standards have been met:
835         a.(I) The applicant completed the American Dental Licensing
836  Examination after October 1, 2011.
837         (II) This sub-subparagraph may not be given retroactive
838  application;
839         b. The applicant graduated from a dental school accredited
840  by the American Dental Association Commission on Dental
841  Accreditation or its successor entity, if any, or any other
842  dental accrediting organization recognized by the United States
843  Department of Education. Provided, however, if the applicant did
844  not graduate from such a dental school, the applicant may submit
845  proof of having successfully completed a full-time supplemental
846  general dentistry program accredited by the American Dental
847  Association Commission on Dental Accreditation of at least 2
848  consecutive academic years at such accredited sponsoring
849  institution. Such program must provide didactic and clinical
850  education at the level of a D.D.S. or D.M.D. program accredited
852  Accreditation. For purposes of this paragraph, a supplemental
853  general dentistry program does not include an advanced education
854  program in a dental specialty;
855         c. The applicant currently possesses a valid and active
856  dental license in good standing, with no restriction, which has
857  never been revoked, suspended, restricted, or otherwise
858  disciplined, from another state or territory of the United
859  States, the District of Columbia, or the Commonwealth of Puerto
860  Rico;
861         d. The applicant submits proof that he or she has never
862  been reported to the National Practitioner Data Bank, the
863  Healthcare Integrity and Protection Data Bank, or the American
864  Association of Dental Boards Clearinghouse. This sub
865  subparagraph does not apply if the applicant successfully
866  appealed to have his or her name removed from the data banks of
867  these agencies;
868         e.(I)(A) In the 5 years immediately preceding the date of
869  application for licensure in this state, The applicant submits
870  must submit proof of having been consecutively engaged in the
871  full-time practice of dentistry in another state or territory of
872  the United States, the District of Columbia, or the Commonwealth
873  of Puerto Rico in the 5 years immediately preceding the date of
874  application for licensure in this state;, or,
875         (B) If the applicant has been licensed in another state or
876  territory of the United States, the District of Columbia, or the
877  Commonwealth of Puerto Rico for less than 5 years, the applicant
878  submits must submit proof of having been engaged in the full
879  time practice of dentistry since the date of his or her initial
880  licensure.
881         (II) As used in this section, "full-time practice" is
882  defined as a minimum of 1,200 hours per year for each and every
883  year in the consecutive 5-year period or, when where applicable,
884  the period since initial licensure, and must include any
885  combination of the following:
886         (A) Active clinical practice of dentistry providing direct
887  patient care.
888         (B) Full-time practice as a faculty member employed by a
889  dental or dental hygiene school approved by the board or
890  accredited by the American Dental Association Commission on
891  Dental Accreditation.
892         (C) Full-time practice as a student at a postgraduate
893  dental education program approved by the board or accredited by
894  the American Dental Association Commission on Dental
895  Accreditation.
896         (III) The board shall develop rules to determine what type
897  of proof of full-time practice is required and to recoup the
898  cost to the board of verifying full-time practice under this
899  section. Such proof must, at a minimum, be:
900         (A) Admissible as evidence in an administrative proceeding;
901         (B) Submitted in writing;
902         (C) Submitted by the applicant under oath with penalties of
903  perjury attached;
904         (D) Further documented by an affidavit of someone unrelated
905  to the applicant who is familiar with the applicant's practice
906  and testifies with particularity that the applicant has been
907  engaged in full-time practice; and
908         (E) Specifically found by the board to be both credible and
909  admissible.
910         (IV) An affidavit of only the applicant is not acceptable
911  proof of full-time practice unless it is further attested to by
912  someone unrelated to the applicant who has personal knowledge of
913  the applicant's practice. If the board deems it necessary to
914  assess credibility or accuracy, the board may require the
915  applicant or the applicant's witnesses to appear before the
916  board and give oral testimony under oath;
917         f. The applicant submits must submit documentation that he
918  or she has completed, or will complete before he or she is
919  licensed, prior to licensure in this state, continuing education
920  equivalent to this state's requirements for the last full
921  reporting biennium;
922         g. The applicant proves must prove that he or she has never
923  been convicted of, or pled nolo contendere to, regardless of
924  adjudication, any felony or misdemeanor related to the practice
925  of a health care profession in any jurisdiction;
926         h. The applicant has must successfully passed pass a
927  written examination on the laws and rules of this state
928  regulating the practice of dentistry and must successfully pass
929  the computer-based diagnostic skills examination; and
930         i. The applicant submits must submit documentation that he
931  or she has successfully completed the applicable examination
932  administered by the Joint Commission on National Dental
933  Examinations or its successor organization National Board of
934  Dental Examiners dental examination.
935         Section 21. Notwithstanding the January 1, 2020, repeal of
936  section 466.0067, Florida Statutes, that section is revived,
937  reenacted, and amended, to read:
938         466.0067 Application for health access dental license.—The
939  Legislature finds that there is an important state interest in
940  attracting dentists to practice in underserved health access
941  settings in this state and further, that allowing out-of-state
942  dentists who meet certain criteria to practice in health access
943  settings without the supervision of a dentist licensed in this
944  state is substantially related to achieving this important state
945  interest. Therefore, notwithstanding the requirements of s.
946  466.006, the board shall grant a health access dental license to
947  practice dentistry in this state in health access settings as
948  defined in s. 466.003 to an applicant who that:
949         (1) Files an appropriate application approved by the board;
950         (2) Pays an application license fee for a health access
951  dental license, laws-and-rule exam fee, and an initial licensure
952  fee. The fees specified in this subsection may not differ from
953  an applicant seeking licensure pursuant to s. 466.006;
954         (3) Has not been convicted of or pled nolo contendere to,
955  regardless of adjudication, any felony or misdemeanor related to
956  the practice of a health care profession;
957         (4) Submits proof of graduation from a dental school
958  accredited by the Commission on Dental Accreditation of the
959  American Dental Association or its successor agency;
960         (5) Submits documentation that she or he has completed, or
961  will obtain before prior to licensure, continuing education
962  equivalent to this state's requirement for dentists licensed
963  under s. 466.006 for the last full reporting biennium before
964  applying for a health access dental license;
965         (6) Submits proof of her or his successful completion of
966  parts I and II of the dental examination by the National Board
967  of Dental Examiners and a state or regional clinical dental
968  licensing examination that the board has determined effectively
969  measures the applicant's ability to practice safely;
970         (7) Currently holds a valid, active, dental license in good
971  standing which has not been revoked, suspended, restricted, or
972  otherwise disciplined from another of the United States, the
973  District of Columbia, or a United States territory;
974         (8) Has never had a license revoked from another of the
975  United States, the District of Columbia, or a United States
976  territory;
977         (9) Has never failed the examination specified in s.
978  466.006, unless the applicant was reexamined pursuant to s.
979  466.006 and received a license to practice dentistry in this
980  state;
981         (10) Has not been reported to the National Practitioner
982  Data Bank, unless the applicant successfully appealed to have
983  his or her name removed from the data bank;
984         (11) Submits proof that he or she has been engaged in the
985  active, clinical practice of dentistry providing direct patient
986  care for 5 years immediately preceding the date of application,
987  or in instances when the applicant has graduated from an
988  accredited dental school within the preceding 5 years, submits
989  proof of continuous clinical practice providing direct patient
990  care since graduation; and
991         (12) Has passed an examination covering the laws and rules
992  of the practice of dentistry in this state as described in s.
993  466.006(4)(a).
995  section 466.00671, Florida Statutes, that section is revived,
996  reenacted, and amended to read:
997         466.00671 Renewal of the health access dental license.—
998         (1) A health access dental licensee shall apply for renewal
999  each biennium. At the time of renewal, the licensee shall sign a
1000  statement that she or he has complied with all continuing
1001  education requirements of an active dentist licensee. The board
1002  shall renew a health access dental license for an applicant who
1003  that:
1004         (a) Submits documentation, as approved by the board, from
1005  the employer in the health access setting that the licensee has
1006  at all times pertinent remained an employee;
1007         (b) Has not been convicted of or pled nolo contendere to,
1008  regardless of adjudication, any felony or misdemeanor related to
1009  the practice of a health care profession;
1010         (c) Has paid a renewal fee set by the board. The fee
1011  specified herein may not differ from the renewal fee adopted by
1012  the board pursuant to s. 466.013. The department may provide
1013  payment for these fees through the dentist's salary, benefits,
1014  or other department funds;
1015         (d) Has not failed the examination specified in s. 466.006
1016  since initially receiving a health access dental license or
1017  since the last renewal; and
1018         (e) Has not been reported to the National Practitioner Data
1019  Bank, unless the applicant successfully appealed to have his or
1020  her name removed from the data bank.
1021         (2) The board may undertake measures to independently
1022  verify the health access dental licensee's ongoing employment
1023  status in the health access setting.
1024         Section 23. Notwithstanding the January 1, 2020, repeal of
1025  section 466.00672, Florida Statutes, that section is revived and
1026  reenacted to read:
1027         466.00672 Revocation of health access dental license.—
1028         (1) The board shall revoke a health access dental license
1029  upon:
1030         (a) The licensee's termination from employment from a
1031  qualifying health access setting;
1032         (b) Final agency action determining that the licensee has
1033  violated any provision of s. 466.027 or s. 466.028, other than
1034  infractions constituting citation offenses or minor violations;
1035  or
1036         (c) Failure of the Florida dental licensure examination.
1037         (2) Failure of an individual licensed pursuant to s.
1038  466.0067 to limit the practice of dentistry to health access
1039  settings as defined in s. 466.003 constitutes the unlicensed
1040  practice of dentistry.
1041         Section 24. Paragraph (b) of subsection (4) and paragraph
1042  (a) of subsection (6) of section 466.007, Florida Statutes, are
1043  amended to read:
1044         466.007 Examination of dental hygienists.—
1045         (4) Effective July 1, 2012, to be licensed as a dental
1046  hygienist in this state, an applicant must successfully complete
1047  the following:
1048         (b) A practical or clinical examination approved by the
1049  board. The examination shall be the Dental Hygiene Examination
1050  produced by the American Board of Dental Examiners, Inc. (ADEX)
1051  or its successor entity, if any, if the board finds that the
1052  successor entity's clinical examination meets or exceeds the
1053  provisions of this section. The board shall approve the ADEX
1054  Dental Hygiene Examination if the board has attained and
1055  continues to maintain representation on the ADEX House of
1056  Representatives, the ADEX Dental Hygiene Examination Development
1057  Committee, and such other ADEX Dental Hygiene committees as the
1058  board deems appropriate through rulemaking to ensure that the
1059  standards established in this section are maintained
1060  organizationally. The ADEX Dental Hygiene Examination or the
1061  examination produced by its successor entity is a comprehensive
1062  examination in which an applicant must demonstrate skills within
1063  the dental hygiene scope of practice on a live patient and any
1064  other components that the board deems necessary for the
1065  applicant to successfully demonstrate competency for the purpose
1066  of licensure. The ADEX Dental Hygiene Examination or the
1067  examination by the successor entity administered in this state
1068  shall be graded by dentists and dental hygienists licensed in
1069  this state who are employed by the department for this purpose.
1070         (6)(a) A passing score on the ADEX Dental Hygiene
1071  Examination administered out of state must shall be considered
1072  the same as a passing score for the ADEX Dental Hygiene
1073  Examination administered in this state and graded by licensed
1074  dentists and dental hygienists.
1075         Section 25. Subsections (9) through (15) are added to
1076  section 466.017, Florida Statutes, to read:
1077         466.017 Prescription of drugs; anesthesia.—
1078         (9) Any adverse incident that occurs in an office
1079  maintained by a dentist must be reported to the department. The
1080  required notification to the department must be submitted in
1081  writing by certified mail and postmarked within 48 hours after
1082  the incident occurs.
1083         (10) A dentist practicing in this state must notify the
1084  board in writing by certified mail within 48 hours after any
1085  adverse incident that occurs in the dentist's outpatient
1086  facility. A complete written report must be filed with the board
1087  within 30 days after the incident occurs.
1088         (11) Any certified registered dental hygienist
1089  administering local anesthesia must notify the board in writing
1090  by registered mail within 48 hours after any adverse incident
1091  that was related to or the result of the administration of local
1092  anesthesia. A complete written report must be filed with the
1093  board within 30 days after the mortality or other adverse
1094  incident.
1095         (12) A failure by the dentist or dental hygienist to timely
1096  and completely comply with all the reporting requirements in
1097  this section is the basis for disciplinary action by the board
1098  pursuant to s. 466.028(1).
1099         (13) The department shall review each adverse incident and
1100  determine whether it involved conduct by a health care
1101  professional subject to disciplinary action, in which case s.
1102  456.073 applies. Disciplinary action, if any, shall be taken by
1103  the board under which the health care professional is licensed.
1104         (14) As used in subsections (9)-(13), the term "adverse
1105  incident" means any mortality that occurs during or as the
1106  result of a dental procedure, or an incident that results in a
1107  temporary or permanent physical or mental injury that requires
1108  hospitalization or emergency room treatment of a dental patient
1109  which occurs during or as a direct result of the use of general
1110  anesthesia, deep sedation, moderate sedation, pediatric moderate
1111  sedation, oral sedation, minimal sedation (anxiolysis), nitrous
1112  oxide, or local anesthesia.
1113         (15) The board may adopt rules to administer this section.
1114         Section 26. Section 466.031, Florida Statutes, is amended
1115  to read:
1116         466.031 "Dental laboratories laboratory" defined.—
1117         (1) As used in this chapter, the term "dental laboratory"
1118  as used in this chapter:
1119         (1) includes any person, firm, or corporation that who
1120  performs for a fee of any kind, gratuitously, or otherwise,
1121  directly or through an agent or an employee, by any means or
1122  method, or who in any way supplies or manufactures artificial
1123  substitutes for the natural teeth;, or who furnishes, supplies,
1124  constructs, or reproduces or repairs any prosthetic denture,
1125  bridge, or appliance to be worn in the human mouth; or who in
1126  any way represents holds itself out as a dental laboratory.
1127         (2) The term does not include a Excludes any dental
1128  laboratory technician who constructs or repairs dental
1129  prosthetic appliances in the office of a licensed dentist
1130  exclusively for that such dentist only and under her or his
1131  supervision and work order.
1132         (2) An employee or independent contractor of a dental
1133  laboratory, acting as an agent of that dental laboratory, may
1134  engage in onsite consultation with a licensed dentist during a
1135  dental procedure.
1138         466.036 Information; periodic inspections; equipment and
1139  supplies.—The department may require from the applicant for a
1140  registration certificate to operate a dental laboratory any
1141  information necessary to carry out the purpose of this chapter,
1142  including proof that the applicant has the equipment and
1143  supplies necessary to operate as determined by rule of the
1144  department, and shall require periodic inspection of all dental
1145  laboratories operating in this state at least once each biennial
1146  registration period. Such inspections must shall include, but
1147  need not be limited to, inspection of sanitary conditions,
1148  equipment, supplies, and facilities on the premises. The
1149  department shall specify dental equipment and supplies that are
1150  not allowed permitted in a registered dental laboratory.
1151         Section 28. Subsection (1) of section 468.701, Florida
1152  Statutes, is amended to read:
1153         468.701 Definitions.—As used in this part, the term:
1154         (1) "Athletic trainer" means a person licensed under this
1155  part who has met the requirements of under this part, including
1156  the education requirements established as set forth by the
1157  Commission on Accreditation of Athletic Training Education or
1158  its successor organization and necessary credentials from the
1159  Board of Certification. An individual who is licensed as an
1160  athletic trainer may not provide, offer to provide, or represent
1161  that he or she is qualified to provide any care or services that
1162  he or she lacks the education, training, or experience to
1163  provide, or that he or she is otherwise prohibited by law from
1164  providing.
1167         468.707 Licensure requirements.—Any person desiring to be
1168  licensed as an athletic trainer shall apply to the department on
1169  a form approved by the department. An applicant shall also
1170  provide records or other evidence, as determined by the board,
1171  to prove he or she has met the requirements of this section. The
1172  department shall license each applicant who:
1173         (1) Has completed the application form and remitted the
1174  required fees.
1175         (2) For a person who applies on or after July 1, 2016, Has
1176  submitted to background screening pursuant to s. 456.0135. The
1177  board may require a background screening for an applicant whose
1178  license has expired or who is undergoing disciplinary action.
1179         (3)(a) Has obtained, at a minimum, a bachelor's
1180  baccalaureate or higher degree from a college or university
1181  professional athletic training degree program accredited by the
1183  its successor organization recognized and approved by the United
1184  States Department of Education or the Commission on Recognition
1185  of Postsecondary Accreditation, approved by the board, or
1186  recognized by the Board of Certification, and has passed the
1187  national examination to be certified by the Board of
1188  Certification; or.
1189         (b)(4) Has obtained, at a minimum, a bachelor's degree, has
1190  completed the Board of Certification internship requirements,
1191  and holds If graduated before 2004, has a current certification
1192  from the Board of Certification.
1193         (4)(5) Has current certification in both cardiopulmonary
1194  resuscitation and the use of an automated external defibrillator
1195  set forth in the continuing education requirements as determined
1196  by the board pursuant to s. 468.711.
1197         (5)(6) Has completed any other requirements as determined
1198  by the department and approved by the board.
1201         468.711 Renewal of license; continuing education.—
1202         (3) If initially licensed after January 1, 1998, the
1203  licensee must be currently certified by the Board of
1204  Certification or its successor agency and maintain that
1205  certification in good standing without lapse.
1208         468.713 Responsibilities of athletic trainers.—
1209         (1) An athletic trainer shall practice under the direction
1210  of a physician licensed under chapter 458, chapter 459, chapter
1211  460, or otherwise authorized by Florida law to practice
1212  medicine. The physician shall communicate his or her direction
1213  through oral or written prescriptions or protocols as deemed
1214  appropriate by the physician for the provision of services and
1215  care by the athletic trainer. An athletic trainer shall provide
1216  service or care in the manner dictated by the physician.
1217         (2) An athletic trainer shall work within his or her
1218  allowable scope of practice as specified in board rule under s.
1219  468.705. An athletic trainer may not provide, offer to provide,
1220  or represent that he or she is qualified to provide any care or
1221  services that he or she lacks the education, training, or
1222  experience to provide or that he or she is otherwise prohibited
1223  by law from providing.
1226         468.723 Exemptions.—This part does not prohibit prevent or
1227  restrict:
1228         (2) An athletic training student acting under the direct
1229  supervision of a licensed athletic trainer. For purposes of this
1230  subsection, "direct supervision" means the physical presence of
1231  an athletic trainer so that the athletic trainer is immediately
1232  available to the athletic training student and able to intervene
1233  on behalf of the athletic training student. The supervision must
1234  comply with board rule in accordance with the standards set
1235  forth by the Commission on Accreditation of Athletic Training
1236  Education or its successor.
1237         Section 33. Subsections (1), (3), and (4) of section
1238  468.803, Florida Statutes, are amended to read:
1239         468.803 License, registration, and examination
1240  requirements.—
1241         (1) The department shall issue a license to practice
1242  orthotics, prosthetics, or pedorthics, or a registration for a
1243  resident to practice orthotics or prosthetics, to qualified
1244  applicants. Licenses to practice shall be granted independently
1245  in orthotics, prosthetics, or pedorthics must be granted
1246  independently, but a person may be licensed in more than one
1247  such discipline, and a prosthetist-orthotist license may be
1248  granted to persons meeting the requirements for licensure both
1249  as a prosthetist and as an orthotist license. Registrations to
1250  practice shall be granted independently in orthotics or
1251  prosthetics must be granted independently, and a person may be
1252  registered in both disciplines fields at the same time or
1253  jointly in orthotics and prosthetics as a dual registration.
1254         (3) A person seeking to attain the required orthotics or
1255  prosthetics experience required for licensure in this state must
1256  be approved by the board and registered as a resident by the
1257  department. Although a registration may be held in both
1258  disciplines practice fields, for independent registrations the
1259  board may shall not approve a second registration until at least
1260  1 year after the issuance of the first registration.
1261  Notwithstanding subsection (2), a person an applicant who has
1262  been approved by the board and registered by the department in
1263  one discipline practice field may apply for registration in the
1264  second discipline practice field without an additional state or
1265  national criminal history check during the period in which the
1266  first registration is valid. Each independent registration or
1267  dual registration is valid for 2 years after from the date of
1268  issuance unless otherwise revoked by the department upon
1269  recommendation of the board. The board shall set a registration
1270  fee not to exceed $500 to be paid by the applicant. A
1271  registration may be renewed once by the department upon
1272  recommendation of the board for a period no longer than 1 year,
1273  as such renewal is defined by the board by rule. The
1274  registration renewal fee may shall not exceed one-half the
1275  current registration fee. To be considered by the board for
1276  approval of registration as a resident, the applicant must have
1277  one of the following:
1278         (a) A Bachelor of Science or higher-level postgraduate
1279  degree in orthotics and prosthetics from a regionally accredited
1280  college or university recognized by the Commission on
1281  Accreditation of Allied Health Education Programs. or, at
1282         (b) A minimum of, a bachelor's degree from a regionally
1283  accredited college or university and a certificate in orthotics
1284  or prosthetics from a program recognized by the Commission on
1285  Accreditation of Allied Health Education Programs, or its
1286  equivalent, as determined by the board.; or
1287         (c) A minimum of a bachelor's degree from a regionally
1288  accredited college or university and a dual certificate in both
1289  orthotics and prosthetics from programs recognized by the
1290  Commission on Accreditation of Allied Health Education Programs,
1291  or its equivalent, as determined by the board.
1292         (b) A Bachelor of Science or higher-level postgraduate
1295  Accreditation of Allied Health Education Programs or, at a
1296  minimum, a bachelor's degree from a regionally accredited
1297  college or university and a certificate in prosthetics from a
1298  program recognized by the Commission on Accreditation of Allied
1299  Health Education Programs, or its equivalent, as determined by
1300  the board.
1301         (4) The department may develop and administer a state
1302  examination for an orthotist or a prosthetist license, or the
1303  board may approve the existing examination of a national
1304  standards organization. The examination must be predicated on a
1305  minimum of a baccalaureate-level education and formalized
1306  specialized training in the appropriate field. Each examination
1307  must demonstrate a minimum level of competence in basic
1308  scientific knowledge, written problem solving, and practical
1309  clinical patient management. The board shall require an
1310  examination fee not to exceed the actual cost to the board in
1311  developing, administering, and approving the examination, which
1312  fee must be paid by the applicant. To be considered by the board
1313  for examination, the applicant must have:
1314         (a) For an examination in orthotics:
1315         1. A Bachelor of Science or higher-level postgraduate
1320  college or university and a certificate in orthotics from a
1323  the board; and
1324         2. An approved orthotics internship of 1 year of qualified
1325  experience, as determined by the board, or an orthotic residency
1326  or dual residency program recognized by the board.
1327         (b) For an examination in prosthetics:
1337         2. An approved prosthetics internship of 1 year of
1338  qualified experience, as determined by the board, or a
1339  prosthetic residency or dual residency program recognized by the
1340  board.
1343         480.033 Definitions.—As used in this act:
1344         (5) "Apprentice" means a person approved by the board to
1345  study colonic irrigation massage under the instruction of a
1346  licensed massage therapist practicing colonic irrigation.
1347         Section 35. Subsections (1) and (2) of section 480.041,
1348  Florida Statutes, are amended, and subsection (8) is added to
1349  that section, to read:
1350         480.041 Massage therapists; qualifications; licensure;
1351  endorsement.—
1352         (1) Any person is qualified for licensure as a massage
1353  therapist under this act who:
1354         (a) Is at least 18 years of age or has received a high
1355  school diploma or high school equivalency diploma;
1356         (b) Has completed a course of study at a board-approved
1357  massage school or has completed an apprenticeship program that
1358  meets standards adopted by the board; and
1359         (c) Has received a passing grade on a national an
1360  examination designated administered by the board department.
1361         (2) Every person desiring to be examined for licensure as a
1362  massage therapist must shall apply to the department in writing
1363  upon forms prepared and furnished by the department. Such
1364  applicants are shall be subject to the provisions of s.
1365  480.046(1). Applicants may take an examination administered by
1366  the department only upon meeting the requirements of this
1367  section as determined by the board.
1368         (8) A person issued a license as a massage apprentice
1369  before July 1, 2020, may continue that apprenticeship and
1370  perform massage therapy as authorized under that license until
1371  it expires. Upon completion of the apprenticeship, which must
1372  occur before July 1, 2023, a massage apprentice may apply to the
1373  board for full licensure and be granted a license if all other
1374  applicable licensure requirements are met.
1375         Section 36. Section 480.042, Florida Statutes, is repealed.
1378         490.003 Definitions.—As used in this chapter:
1379         (3)(a) Prior to July 1, 1999, "doctoral-level psychological
1380  education" and "doctoral degree in psychology" mean a Psy.D., an
1381  Ed.D. in psychology, or a Ph.D. in psychology from:
1382         1. An educational institution which, at the time the
1383  applicant was enrolled and graduated, had institutional
1384  accreditation from an agency recognized and approved by the
1385  United States Department of Education or was recognized as a
1386  member in good standing with the Association of Universities and
1387  Colleges of Canada; and
1388         2. A psychology program within that educational institution
1389  which, at the time the applicant was enrolled and graduated, had
1390  programmatic accreditation from an accrediting agency recognized
1391  and approved by the United States Department of Education or was
1392  comparable to such programs.
1393         (b) Effective July 1, 1999, "doctoral-level psychological
1395  Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1396  program at:
1397         1. an educational institution that which, at the time the
1398  applicant was enrolled and graduated:
1399         (a) , Had institutional accreditation from an agency
1400  recognized and approved by the United States Department of
1401  Education or was recognized as a member in good standing with
1402  the Association of Universities and Colleges of Canada; and
1403         (b)2. A psychology program within that educational
1404  institution which, at the time the applicant was enrolled and
1405  graduated, Had programmatic accreditation from the American
1406  Psychological Association an agency recognized and approved by
1407  the United States Department of Education.
1409  (b) of subsection (2) of section 490.005, Florida Statutes, are
1411         490.005 Licensure by examination.—
1412         (1) Any person desiring to be licensed as a psychologist
1413  shall apply to the department to take the licensure examination.
1414  The department shall license each applicant who the board
1415  certifies has:
1416         (b) Submitted proof satisfactory to the board that the
1417  applicant has received:
1418         1. Received Doctoral-level psychological education, as
1419  defined in s. 490.003(3); or
1420         2. Received The equivalent of a doctoral-level
1421  psychological education, as defined in s. 490.003(3), from a
1422  program at a school or university located outside the United
1423  States of America and Canada, which was officially recognized by
1424  the government of the country in which it is located as an
1425  institution or program to train students to practice
1426  professional psychology. The applicant has the burden of
1427  establishing that this requirement has the requirements of this
1428  provision have been met shall be upon the applicant;
1429         3. Received and submitted to the board, prior to July 1,
1430  1999, certification of an augmented doctoral-level psychological
1431  education from the program director of a doctoral-level
1432  psychology program accredited by a programmatic agency
1434  Education; or
1435         4. Received and submitted to the board, prior to August 31,
1436  2001, certification of a doctoral-level program that at the time
1437  the applicant was enrolled and graduated maintained a standard
1438  of education and training comparable to the standard of training
1439  of programs accredited by a programmatic agency recognized and
1440  approved by the United States Department of Education. Such
1441  certification of comparability shall be provided by the program
1442  director of a doctoral-level psychology program accredited by a
1443  programmatic agency recognized and approved by the United States
1444  Department of Education.
1445         (2) Any person desiring to be licensed as a school
1446  psychologist shall apply to the department to take the licensure
1447  examination. The department shall license each applicant who the
1448  department certifies has:
1449         (b) Submitted satisfactory proof to the department that the
1450  applicant:
1451         1. Has received a doctorate, specialist, or equivalent
1452  degree from a program primarily psychological in nature and has
1453  completed 60 semester hours or 90 quarter hours of graduate
1454  study, in areas related to school psychology as defined by rule
1455  of the department, from a college or university which at the
1456  time the applicant was enrolled and graduated was accredited by
1457  an accrediting agency recognized and approved by the Council for
1458  Higher Education Accreditation or its successor organization
1459  Commission on Recognition of Postsecondary Accreditation or from
1460  an institution that which is publicly recognized as a member in
1461  good standing with the Association of Universities and Colleges
1462  of Canada.
1463         2. Has had a minimum of 3 years of experience in school
1464  psychology, 2 years of which must be supervised by an individual
1465  who is a licensed school psychologist or who has otherwise
1466  qualified as a school psychologist supervisor, by education and
1467  experience, as set forth by rule of the department. A doctoral
1468  internship may be applied toward the supervision requirement.
1469         3. Has passed an examination provided by the department.
1472         490.006 Licensure by endorsement.—
1473         (1) The department shall license a person as a psychologist
1474  or school psychologist who, upon applying to the department and
1475  remitting the appropriate fee, demonstrates to the department
1476  or, in the case of psychologists, to the board that the
1478         (a) Holds a valid license or certificate in another state
1479  to practice psychology or school psychology, as applicable,
1480  provided that, when the applicant secured such license or
1481  certificate, the requirements were substantially equivalent to
1482  or more stringent than those set forth in this chapter at that
1483  time; and, if no Florida law existed at that time, then the
1484  requirements in the other state must have been substantially
1485  equivalent to or more stringent than those set forth in this
1486  chapter at the present time;
1487         (a)(b) Is a diplomate in good standing with the American
1488  Board of Professional Psychology, Inc.; or
1489         (b)(c) Possesses a doctoral degree in psychology as
1490  described in s. 490.003 and has at least 10 20 years of
1491  experience as a licensed psychologist in any jurisdiction or
1492  territory of the United States within the 25 years preceding the
1493  date of application.
1494         Section 40. Subsection (6) of section 491.0045, Florida
1495  Statutes, as amended by chapters 2016-80 and 2016-241, Laws of
1496  Florida, is amended to read:
1497         491.0045 Intern registration; requirements.—
1498         (6) A registration issued on or before March 31, 2017,
1499  expires March 31, 2022, and may not be renewed or reissued. Any
1500  registration issued after March 31, 2017, expires 60 months
1501  after the date it is issued. The board may make a one-time
1502  exception from the requirements of this subsection in emergency
1503  or hardship cases, as defined by board rule, if A subsequent
1504  intern registration may not be issued unless the candidate has
1505  passed the theory and practice examination described in s.
1506  491.005(1)(d), (3)(d), and (4)(d).
1508  Florida Statutes, are amended to read:
1510         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
1511  documentation and payment of a fee not to exceed $200, as set by
1512  board rule, plus the actual cost of to the department for the
1513  purchase of the examination from the Association of Marital and
1514  Family Therapy Regulatory Board, or similar national
1515  organization, the department shall issue a license as a marriage
1516  and family therapist to an applicant who the board certifies:
1517         (a) Has submitted an application and paid the appropriate
1518  fee.
1519         (b)1. Has a minimum of a master's degree with major
1520  emphasis in marriage and family therapy, or a closely related
1521  field from a program accredited by the Commission on
1522  Accreditation for Marriage and Family Therapy Education or from
1523  a Florida university program accredited by the Council for
1524  Accreditation of Counseling and Related Educational Programs,
1525  and graduate courses approved by the Board of Clinical Social
1526  Work, Marriage and Family Therapy, and Mental Health Counseling.
1527  has completed all of the following requirements:
1528         a. Thirty-six semester hours or 48 quarter hours of
1529  graduate coursework, which must include a minimum of 3 semester
1530  hours or 4 quarter hours of graduate-level course credits in
1531  each of the following nine areas: dynamics of marriage and
1532  family systems; marriage therapy and counseling theory and
1533  techniques; family therapy and counseling theory and techniques;
1534  individual human development theories throughout the life cycle;
1535  personality theory or general counseling theory and techniques;
1536  psychopathology; human sexuality theory and counseling
1537  techniques; psychosocial theory; and substance abuse theory and
1538  counseling techniques. Courses in research, evaluation,
1539  appraisal, assessment, or testing theories and procedures;
1540  thesis or dissertation work; or practicums, internships, or
1541  fieldwork may not be applied toward this requirement.
1542         b. A minimum of one graduate-level course of 3 semester
1543  hours or 4 quarter hours in legal, ethical, and professional
1544  standards issues in the practice of marriage and family therapy
1545  or a course determined by the board to be equivalent.
1546         c. A minimum of one graduate-level course of 3 semester
1547  hours or 4 quarter hours in diagnosis, appraisal, assessment,
1548  and testing for individual or interpersonal disorder or
1549  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
1550  hour graduate-level course in behavioral research which focuses
1551  on the interpretation and application of research data as it
1552  applies to clinical practice. Credit for thesis or dissertation
1553  work, practicums, internships, or fieldwork may not be applied
1554  toward this requirement.
1555         d. A minimum of one supervised clinical practicum,
1556  internship, or field experience in a marriage and family
1557  counseling setting, during which the student provided 180 direct
1558  client contact hours of marriage and family therapy services
1559  under the supervision of an individual who met the requirements
1560  for supervision under paragraph (c). This requirement may be met
1561  by a supervised practice experience which took place outside the
1562  academic arena, but which is certified as equivalent to a
1563  graduate-level practicum or internship program which required a
1564  minimum of 180 direct client contact hours of marriage and
1565  family therapy services currently offered within an academic
1566  program of a college or university accredited by an accrediting
1567  agency approved by the United States Department of Education, or
1568  an institution which is publicly recognized as a member in good
1569  standing with the Association of Universities and Colleges of
1570  Canada or a training institution accredited by the Commission on
1571  Accreditation for Marriage and Family Therapy Education
1572  recognized by the United States Department of Education.
1573  Certification shall be required from an official of such
1574  college, university, or training institution.
1575         2. If the course title that which appears on the
1576  applicant's transcript does not clearly identify the content of
1577  the coursework, the applicant shall be required to provide
1578  additional documentation, including, but not limited to, a
1579  syllabus or catalog description published for the course.
1581  The required master's degree must have been received in an
1582  institution of higher education that, which at the time the
1583  applicant graduated, was: fully accredited by a regional
1584  accrediting body recognized by the Commission on Recognition of
1585  Postsecondary Accreditation or; publicly recognized as a member
1586  in good standing with the Association of Universities and
1587  Colleges of Canada,; or an institution of higher education
1588  located outside the United States and Canada, which, at the time
1589  the applicant was enrolled and at the time the applicant
1590  graduated, maintained a standard of training substantially
1591  equivalent to the standards of training of those institutions in
1592  the United States which are accredited by a regional accrediting
1593  body recognized by the Commission on Recognition of
1594  Postsecondary Accreditation. Such foreign education and training
1595  must have been received in an institution or program of higher
1596  education officially recognized by the government of the country
1597  in which it is located as an institution or program to train
1598  students to practice as professional marriage and family
1599  therapists or psychotherapists. The applicant has the burden of
1600  establishing that the requirements of this provision have been
1601  met shall be upon the applicant, and the board shall require
1602  documentation, such as, but not limited to, an evaluation by a
1603  foreign equivalency determination service, as evidence that the
1604  applicant's graduate degree program and education were
1605  equivalent to an accredited program in this country. An
1606  applicant with a master's degree from a program that which did
1607  not emphasize marriage and family therapy may complete the
1608  coursework requirement in a training institution fully
1609  accredited by the Commission on Accreditation for Marriage and
1610  Family Therapy Education recognized by the United States
1612         (c) Has had at least 2 years of clinical experience during
1613  which 50 percent of the applicant's clients were receiving
1614  marriage and family therapy services, which must be at the post
1615  master's level under the supervision of a licensed marriage and
1616  family therapist with at least 5 years of experience, or the
1617  equivalent, who is a qualified supervisor as determined by the
1618  board. An individual who intends to practice in Florida to
1619  satisfy the clinical experience requirements must register
1620  pursuant to s. 491.0045 before commencing practice. If a
1621  graduate has a master's degree with a major emphasis in marriage
1622  and family therapy or a closely related field which that did not
1623  include all of the coursework required by subparagraph (b)1.
1624  under sub-subparagraphs (b)1.a.-c., credit for the post-master's
1625  level clinical experience may shall not commence until the
1626  applicant has completed a minimum of 10 of the courses required
1627  by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
1628  determined by the board, and at least 6 semester hours or 9
1629  quarter hours of the course credits must have been completed in
1630  the area of marriage and family systems, theories, or
1631  techniques. Within the 2 3 years of required experience, the
1632  applicant shall provide direct individual, group, or family
1633  therapy and counseling, to include the following categories of
1634  cases including those involving: unmarried dyads, married
1635  couples, separating and divorcing couples, and family groups
1636  that include including children. A doctoral internship may be
1637  applied toward the clinical experience requirement. A licensed
1638  mental health professional must be on the premises when clinical
1639  services are provided by a registered intern in a private
1640  practice setting.
1641         (d) Has passed a theory and practice examination provided
1642  by the department for this purpose.
1643         (e) Has demonstrated, in a manner designated by board rule
1644  of the board, knowledge of the laws and rules governing the
1645  practice of clinical social work, marriage and family therapy,
1646  and mental health counseling.
1647         (f)
1649  For the purposes of dual licensure, the department shall license
1650  as a marriage and family therapist any person who meets the
1651  requirements of s. 491.0057. Fees for dual licensure may shall
1652  not exceed those stated in this subsection.
1653         (4) MENTAL HEALTH COUNSELING.—Upon verification of
1655  board rule, plus the actual per applicant cost of to the
1656  department for purchase of the examination from the National
1657  Board for Certified Counselors or its successor Professional
1658  Examination Service for the National Academy of Certified
1659  Clinical Mental Health Counselors or a similar national
1660  organization, the department shall issue a license as a mental
1661  health counselor to an applicant who the board certifies:
1664         (b)1. Has a minimum of an earned master's degree from a
1665  mental health counseling program accredited by the Council for
1666  the Accreditation of Counseling and Related Educational Programs
1667  which that consists of at least 60 semester hours or 80 quarter
1668  hours of clinical and didactic instruction, including a course
1669  in human sexuality and a course in substance abuse. If the
1670  master's degree is earned from a program related to the practice
1671  of mental health counseling which that is not accredited by the
1672  Council for the Accreditation of Counseling and Related
1673  Educational Programs, then the coursework and practicum,
1674  internship, or fieldwork must consist of at least 60 semester
1675  hours or 80 quarter hours and meet all of the following
1676  requirements:
1677         a. Thirty-three semester hours or 44 quarter hours of
1679  hours or 4 quarter hours of graduate-level coursework in each of
1680  the following 11 content areas: counseling theories and
1681  practice; human growth and development; diagnosis and treatment
1682  of psychopathology; human sexuality; group theories and
1683  practice; individual evaluation and assessment; career and
1684  lifestyle assessment; research and program evaluation; social
1685  and cultural foundations; substance abuse; and legal, ethical,
1686  and professional standards issues in the practice of mental
1687  health counseling in community settings; and substance abuse.
1688  Courses in research, thesis or dissertation work, practicums,
1689  internships, or fieldwork may not be applied toward this
1690  requirement.
1691         b. A minimum of 3 semester hours or 4 quarter hours of
1692  graduate-level coursework addressing diagnostic processes,
1693  including differential diagnosis and the use of the current
1694  diagnostic tools, such as the current edition of the American
1695  Psychiatric Association's Diagnostic and Statistical Manual of
1696  Mental Disorders. The graduate program must have emphasized the
1697  common core curricular experience in legal, ethical, and
1698  professional standards issues in the practice of mental health
1699  counseling, which includes goals, objectives, and practices of
1700  professional counseling organizations, codes of ethics, legal
1701  considerations, standards of preparation, certifications and
1702  licensing, and the role identity and professional obligations of
1703  mental health counselors. Courses in research, thesis or
1704  dissertation work, practicums, internships, or fieldwork may not
1705  be applied toward this requirement.
1706         c. The equivalent, as determined by the board, of at least
1707  700 1,000 hours of university-sponsored supervised clinical
1708  practicum, internship, or field experience that includes at
1709  least 280 hours of direct client services, as required in the
1710  accrediting standards of the Council for Accreditation of
1711  Counseling and Related Educational Programs for mental health
1712  counseling programs. This experience may not be used to satisfy
1713  the post-master's clinical experience requirement.
1714         2. Has provided additional documentation if a the course
1715  title that which appears on the applicant's transcript does not
1716  clearly identify the content of the coursework., The applicant
1717  shall be required to provide additional documentation must
1718  include, including, but is not limited to, a syllabus or catalog
1719  description published for the course.
1721  Education and training in mental health counseling must have
1722  been received in an institution of higher education that, which
1723  at the time the applicant graduated, was: fully accredited by a
1724  regional accrediting body recognized by the Council for Higher
1725  Education Accreditation or its successor organization or
1726  Commission on Recognition of Postsecondary Accreditation;
1727  publicly recognized as a member in good standing with the
1728  Association of Universities and Colleges of Canada,; or an
1729  institution of higher education located outside the United
1730  States and Canada, which, at the time the applicant was enrolled
1731  and at the time the applicant graduated, maintained a standard
1732  of training substantially equivalent to the standards of
1733  training of those institutions in the United States which are
1734  accredited by a regional accrediting body recognized by the
1735  Council for Higher Education Accreditation or its successor
1736  organization Commission on Recognition of Postsecondary
1737  Accreditation. Such foreign education and training must have
1738  been received in an institution or program of higher education
1739  officially recognized by the government of the country in which
1740  it is located as an institution or program to train students to
1741  practice as mental health counselors. The applicant has the
1742  burden of establishing that the requirements of this provision
1743  have been met shall be upon the applicant, and the board shall
1744  require documentation, such as, but not limited to, an
1745  evaluation by a foreign equivalency determination service, as
1746  evidence that the applicant's graduate degree program and
1747  education were equivalent to an accredited program in this
1748  country. Beginning July 1, 2025, an applicant must have a
1749  master's degree from a program that is accredited by the Council
1750  for Accreditation of Counseling and Related Educational Programs
1751  which consists of at least 60 semester hours or 80 quarter hours
1752  to apply for licensure under this paragraph.
1753         (c) Has had at least 2 years of clinical experience in
1754  mental health counseling, which must be at the post-master's
1755  level under the supervision of a licensed mental health
1756  counselor or the equivalent who is a qualified supervisor as
1757  determined by the board. An individual who intends to practice
1758  in Florida to satisfy the clinical experience requirements must
1759  register pursuant to s. 491.0045 before commencing practice. If
1760  a graduate has a master's degree with a major related to the
1761  practice of mental health counseling which that did not include
1762  all the coursework required under sub-subparagraphs (b)1.a. and
1763  b. (b)1.a.-b., credit for the post-master's level clinical
1764  experience may shall not commence until the applicant has
1765  completed a minimum of seven of the courses required under sub
1766  subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
1767  board, one of which must be a course in psychopathology or
1768  abnormal psychology. A doctoral internship may be applied toward
1769  the clinical experience requirement. A licensed mental health
1770  professional must be on the premises when clinical services are
1771  provided by a registered intern in a private practice setting.
1778         Section 42. Paragraph (b) of subsection (1) of section
1779  491.006, Florida Statutes, is amended to read:
1780         491.006 Licensure or certification by endorsement.—
1781         (1) The department shall license or grant a certificate to
1782  a person in a profession regulated by this chapter who, upon
1783  applying to the department and remitting the appropriate fee,
1784  demonstrates to the board that he or she:
1785         (b)1. Holds an active valid license to practice and has
1786  actively practiced the licensed profession for which licensure
1787  is applied in another state for 3 of the last 5 years
1788  immediately preceding licensure;.
1789         2. Meets the education requirements of this chapter for the
1790  profession for which licensure is applied.
1791         2.3. Has passed a substantially equivalent licensing
1792  examination in another state or has passed the licensure
1793  examination in this state in the profession for which the
1794  applicant seeks licensure; and.
1795         3.4. Holds a license in good standing, is not under
1796  investigation for an act that would constitute a violation of
1797  this chapter, and has not been found to have committed any act
1798  that would constitute a violation of this chapter.
1800  The fees paid by any applicant for certification as a master
1801  social worker under this section are nonrefundable.
1804         491.007 Renewal of license, registration, or certificate.—
1805         (3) The board or department shall prescribe by rule a
1806  method for the biennial renewal of an intern registration at a
1807  fee set by rule, not to exceed $100.
1810         491.009 Discipline.—
1811         (2) The board department, or, in the case of certified
1812  master social workers psychologists, the department board, may
1813  enter an order denying licensure or imposing any of the
1814  penalties authorized in s. 456.072(2) against any applicant for
1815  licensure or any licensee who violates is found guilty of
1816  violating any provision of subsection (1) of this section or who
1817  is found guilty of violating any provision of s. 456.072(1).
1820         491.0046 Provisional license; requirements.—
1821         (2) The department shall issue a provisional clinical
1822  social worker license, provisional marriage and family therapist
1823  license, or provisional mental health counselor license to each
1824  applicant who the board certifies has:
1825         (a) Completed the application form and remitted a
1826  nonrefundable application fee not to exceed $100, as set by
1827  board rule; and
1828         (b) Earned a graduate degree in social work, a graduate
1829  degree with a major emphasis in marriage and family therapy or a
1830  closely related field, or a graduate degree in a major related
1831  to the practice of mental health counseling; and
1832         (c) Has Met the following minimum coursework requirements:
1833         1. For clinical social work, a minimum of 15 semester hours
1834  or 22 quarter hours of the coursework required by s.
1835  491.005(1)(b)2.b.
1836         2. For marriage and family therapy, 10 of the courses
1837  required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
1841  techniques.
1842         3. For mental health counseling, a minimum of seven of the
1843  courses required under s. 491.005(4)(b)1.a.-c.
1844         Section 46. Subsection (11) of section 945.42, Florida
1846         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
1847  945.40-945.49, the following terms shall have the meanings
1848  ascribed to them, unless the context shall clearly indicate
1849  otherwise:
1850         (11) "Psychological professional" means a behavioral
1851  practitioner who has an approved doctoral degree in psychology
1852  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
1853  the department or who is licensed as a psychologist pursuant to
1854  chapter 490.
1855         Section 47. For the purpose of incorporating the amendment
1856  made by this act to section 459.0055, Florida Statutes, in a
1857  reference thereto, subsection (6) of section 459.021, Florida
1858  Statutes, is reenacted to read:
1859         459.021 Registration of resident physicians, interns, and
1860  fellows; list of hospital employees; penalty.—
1861         (6) Any person desiring registration pursuant to this
1862  section shall meet all the requirements of s. 459.0055, except
1863  paragraphs (1)(l) and (m).
1864         Section 48. The amendments and reenactments made by this
1865  act to sections 466.0067, 466.00671, and 466.00672, Florida
1866  Statutes, are remedial in nature and apply retroactively to
1867  January 1, 2020.
1868         Section 49. This act shall take effect July 1, 2020.

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