Bill Text: FL S0188 | 2019 | Regular Session | Comm Sub


Bill Title: Department of Health

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2019-05-03 - Died in returning Messages [S0188 Detail]

Download: Florida-2019-S0188-Comm_Sub.html
       Florida Senate - 2019                       CS for CS for SB 188
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senator Harrell
       
       
       
       
       576-02791-19                                           2019188c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.4018, F.S.; requiring the Department of Health
    4         to develop strategies to maximize federal-state
    5         partnerships that provide incentives for physicians to
    6         practice in medically underserved or rural areas;
    7         authorizing the department to adopt certain rules;
    8         amending s. 456.013, F.S.; revising health care
    9         practitioner licensure application requirements;
   10         amending s. 458.3312, F.S.; removing a provision
   11         prohibiting a physician from representing himself or
   12         herself as a board-certified specialist in dermatology
   13         unless the recognizing agency is reviewed and
   14         reauthorized on a specified basis by the Board of
   15         Medicine; amending s. 459.0055, F.S.; revising
   16         licensure requirements for a person seeking licensure
   17         or certification as an osteopathic physician;
   18         repealing s. 460.4166, F.S., relating to registered
   19         chiropractic assistants; amending s. 464.019, F.S.;
   20         extending through 2025 the Florida Center for
   21         Nursing’s responsibility to study and issue an annual
   22         report on the implementation of nursing education
   23         programs; amending s. 464.202, F.S.; requiring the
   24         Board of Nursing to adopt rules that include
   25         disciplinary procedures and standards of practice for
   26         certified nursing assistants; amending s. 464.203,
   27         F.S.; revising certification requirements for nursing
   28         assistants; amending s. 464.204, F.S.; revising
   29         grounds for board-imposed disciplinary sanctions;
   30         amending s. 466.006, F.S.; revising certain
   31         requirements for examinations to be completed by
   32         applicants seeking dental licensure; amending s.
   33         466.00673, F.S.; extending the repeal date of
   34         provisions relating to health access dental licenses;
   35         amending s. 466.007, F.S.; revising requirements for
   36         examinations of dental hygienists; amending s.
   37         466.017, F.S.; providing adverse incident reporting
   38         requirements; providing for disciplinary action by the
   39         Board of Dentistry; defining the term “adverse
   40         incident”; authorizing the board to adopt rules;
   41         amending s. 466.031, F.S.; making technical changes;
   42         authorizing an employee or an independent contractor
   43         of a dental laboratory acting as an agent of that
   44         dental laboratory to engage in onsite consultation
   45         with a licensed dentist during a dental procedure;
   46         amending s. 466.036, F.S.; revising inspection
   47         frequency of dental laboratories during a specified
   48         period; amending s. 468.701, F.S.; revising the
   49         definition of the term “athletic trainer” for the
   50         purpose of relocating an existing requirement;
   51         amending s. 468.707, F.S.; revising athletic trainer
   52         licensure requirements; amending s. 468.711, F.S.;
   53         requiring certain licensees to maintain certification
   54         in good standing without lapse to renew their athletic
   55         trainer license; amending s. 468.713, F.S.; requiring
   56         that an athletic trainer work within a specified scope
   57         of practice; relocating an existing requirement;
   58         amending s. 468.723, F.S.; requiring the direct
   59         supervision of an athletic training student to be in
   60         accordance with rules adopted by the Board of Athletic
   61         Training; amending s. 468.803, F.S.; revising
   62         orthotic, prosthetic, and pedorthic licensure,
   63         registration, and examination requirements; amending
   64         s. 480.033, F.S.; revising the definition of the term
   65         “apprentice”; amending s. 480.041, F.S.; revising
   66         qualifications for licensure as a massage therapist;
   67         specifying that a massage apprentice who was licensed
   68         before a specified date may continue to perform
   69         massage therapy as authorized under his or her
   70         license; authorizing a massage apprentice to apply for
   71         full licensure upon completion of the apprenticeship
   72         under certain conditions; repealing s. 480.042, F.S.,
   73         relating to examinations for licensure as a massage
   74         therapist; amending s. 480.046, F.S.; revising
   75         instances under which disciplinary action may be taken
   76         against massage establishments; prohibiting certain
   77         massage establishments from applying for relicensure;
   78         providing an exception; amending s. 490.003, F.S.;
   79         revising the definition of the terms “doctoral-level
   80         psychological education” and “doctoral degree in
   81         psychology”; amending s. 490.005, F.S.; revising
   82         requirements for licensure by examination of
   83         psychologists and school psychologists; amending s.
   84         490.006, F.S.; revising requirements for licensure by
   85         endorsement of psychologists and school psychologists;
   86         amending s. 491.0045, F.S.; providing an exemption for
   87         registration requirements for clinical social worker
   88         interns, marriage and family therapist interns, and
   89         mental health counselor interns under certain
   90         circumstances; amending s. 491.005, F.S.; revising
   91         requirements for the licensure by examination of
   92         marriage and family therapists; revising examination
   93         requirements for the licensure by examination of
   94         mental health counselors; amending s. 491.006, F.S.;
   95         revising requirements for licensure by endorsement or
   96         certification for specified professions; amending s.
   97         491.007, F.S.; removing a biennial intern registration
   98         fee; amending s. 491.009, F.S.; authorizing the Board
   99         of Clinical Social Work, Marriage and Family Therapy,
  100         and Mental Health Counseling or, under certain
  101         circumstances, the department to enter an order
  102         denying licensure or imposing penalties against an
  103         applicant for licensure under certain circumstances;
  104         amending ss. 491.0046 and 945.42, F.S.; conforming
  105         cross-references; providing an effective date.
  106          
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Subsection (3) of section 381.4018, Florida
  110  Statutes, is amended to read:
  111         381.4018 Physician workforce assessment and development.—
  112         (3) GENERAL FUNCTIONS.—The department shall maximize the
  113  use of existing programs under the jurisdiction of the
  114  department and other state agencies and coordinate governmental
  115  and nongovernmental stakeholders and resources in order to
  116  develop a state strategic plan and assess the implementation of
  117  such strategic plan. In developing the state strategic plan, the
  118  department shall:
  119         (a) Monitor, evaluate, and report on the supply and
  120  distribution of physicians licensed under chapter 458 or chapter
  121  459. The department shall maintain a database to serve as a
  122  statewide source of data concerning the physician workforce.
  123         (b) Develop a model and quantify, on an ongoing basis, the
  124  adequacy of the state’s current and future physician workforce
  125  as reliable data becomes available. Such model must take into
  126  account demographics, physician practice status, place of
  127  education and training, generational changes, population growth,
  128  economic indicators, and issues concerning the “pipeline” into
  129  medical education.
  130         (c) Develop and recommend strategies to determine whether
  131  the number of qualified medical school applicants who might
  132  become competent, practicing physicians in this state will be
  133  sufficient to meet the capacity of the state’s medical schools.
  134  If appropriate, the department shall, working with
  135  representatives of appropriate governmental and nongovernmental
  136  entities, develop strategies and recommendations and identify
  137  best practice programs that introduce health care as a
  138  profession and strengthen skills needed for medical school
  139  admission for elementary, middle, and high school students, and
  140  improve premedical education at the precollege and college level
  141  in order to increase this state’s potential pool of medical
  142  students.
  143         (d) Develop strategies to ensure that the number of
  144  graduates from the state’s public and private allopathic and
  145  osteopathic medical schools is adequate to meet physician
  146  workforce needs, based on the analysis of the physician
  147  workforce data, so as to provide a high-quality medical
  148  education to students in a manner that recognizes the uniqueness
  149  of each new and existing medical school in this state.
  150         (e) Pursue strategies and policies to create, expand, and
  151  maintain graduate medical education positions in the state based
  152  on the analysis of the physician workforce data. Such strategies
  153  and policies must take into account the effect of federal
  154  funding limitations on the expansion and creation of positions
  155  in graduate medical education. The department shall develop
  156  options to address such federal funding limitations. The
  157  department shall consider options to provide direct state
  158  funding for graduate medical education positions in a manner
  159  that addresses requirements and needs relative to accreditation
  160  of graduate medical education programs. The department shall
  161  consider funding residency positions as a means of addressing
  162  needed physician specialty areas, rural areas having a shortage
  163  of physicians, and areas of ongoing critical need, and as a
  164  means of addressing the state’s physician workforce needs based
  165  on an ongoing analysis of physician workforce data.
  166         (f) Develop strategies to maximize federal and state
  167  programs that provide for the use of incentives to attract
  168  physicians to this state or retain physicians within the state.
  169  Such strategies should explore and maximize federal-state
  170  partnerships that provide incentives for physicians to practice
  171  in federally designated shortage areas, in otherwise medically
  172  underserved areas, or in rural areas. Strategies shall also
  173  consider the use of state programs, such as the Medical
  174  Education Reimbursement and Loan Repayment Program pursuant to
  175  s. 1009.65, which provide for education loan repayment or loan
  176  forgiveness and provide monetary incentives for physicians to
  177  relocate to underserved areas of the state.
  178         (g) Coordinate and enhance activities relative to physician
  179  workforce needs, undergraduate medical education, graduate
  180  medical education, and reentry of retired military and other
  181  physicians into the physician workforce provided by the Division
  182  of Medical Quality Assurance, area health education center
  183  networks established pursuant to s. 381.0402, and other offices
  184  and programs within the department as designated by the State
  185  Surgeon General.
  186         (h) Work in conjunction with and act as a coordinating body
  187  for governmental and nongovernmental stakeholders to address
  188  matters relating to the state’s physician workforce assessment
  189  and development for the purpose of ensuring an adequate supply
  190  of well-trained physicians to meet the state’s future needs.
  191  Such governmental stakeholders shall include, but need not be
  192  limited to, the State Surgeon General or his or her designee,
  193  the Commissioner of Education or his or her designee, the
  194  Secretary of Health Care Administration or his or her designee,
  195  and the Chancellor of the State University System or his or her
  196  designee, and, at the discretion of the department, other
  197  representatives of state and local agencies that are involved in
  198  assessing, educating, or training the state’s current or future
  199  physicians. Other stakeholders shall include, but need not be
  200  limited to, organizations representing the state’s public and
  201  private allopathic and osteopathic medical schools;
  202  organizations representing hospitals and other institutions
  203  providing health care, particularly those that currently provide
  204  or have an interest in providing accredited medical education
  205  and graduate medical education to medical students and medical
  206  residents; organizations representing allopathic and osteopathic
  207  practicing physicians; and, at the discretion of the department,
  208  representatives of other organizations or entities involved in
  209  assessing, educating, or training the state’s current or future
  210  physicians.
  211         (i) Serve as a liaison with other states and federal
  212  agencies and programs in order to enhance resources available to
  213  the state’s physician workforce and medical education continuum.
  214         (j) Act as a clearinghouse for collecting and disseminating
  215  information concerning the physician workforce and medical
  216  education continuum in this state.
  217  
  218  The department may adopt rules to implement this subsection,
  219  including rules to establish guidelines to implement the federal
  220  Conrad 30 Waiver Program created under s. 214(l) of the
  221  Immigration and Nationality Act.
  222         Section 2. Paragraph (a) of subsection (1) of section
  223  456.013, Florida Statutes, is amended to read:
  224         456.013 Department; general licensing provisions.—
  225         (1)(a) Any person desiring to be licensed in a profession
  226  within the jurisdiction of the department shall apply to the
  227  department in writing to take the licensure examination. The
  228  application shall be made on a form prepared and furnished by
  229  the department. The application form must be available on the
  230  Internet, World Wide Web and the department may accept
  231  electronically submitted applications. The application shall
  232  require the social security number and date of birth of the
  233  applicant, except as provided in paragraphs (b) and (c). The
  234  form shall be supplemented as needed to reflect any material
  235  change in any circumstance or condition stated in the
  236  application which takes place between the initial filing of the
  237  application and the final grant or denial of the license and
  238  which might affect the decision of the department. If an
  239  application is submitted electronically, the department may
  240  require supplemental materials, including an original signature
  241  of the applicant and verification of credentials, to be
  242  submitted in a nonelectronic format. An incomplete application
  243  shall expire 1 year after initial filing. In order to further
  244  the economic development goals of the state, and notwithstanding
  245  any law to the contrary, the department may enter into an
  246  agreement with the county tax collector for the purpose of
  247  appointing the county tax collector as the department’s agent to
  248  accept applications for licenses and applications for renewals
  249  of licenses. The agreement must specify the time within which
  250  the tax collector must forward any applications and accompanying
  251  application fees to the department.
  252         Section 3. Section 458.3312, Florida Statutes, is amended
  253  to read:
  254         458.3312 Specialties.—A physician licensed under this
  255  chapter may not hold himself or herself out as a board-certified
  256  specialist unless the physician has received formal recognition
  257  as a specialist from a specialty board of the American Board of
  258  Medical Specialties or other recognizing agency that has been
  259  approved by the board. However, a physician may indicate the
  260  services offered and may state that his or her practice is
  261  limited to one or more types of services when this accurately
  262  reflects the scope of practice of the physician. A physician may
  263  not hold himself or herself out as a board-certified specialist
  264  in dermatology unless the recognizing agency, whether authorized
  265  in statute or by rule, is triennially reviewed and reauthorized
  266  by the Board of Medicine.
  267         Section 4. Subsection (1) of section 459.0055, Florida
  268  Statutes, is amended to read:
  269         459.0055 General licensure requirements.—
  270         (1) Except as otherwise provided herein, any person
  271  desiring to be licensed or certified as an osteopathic physician
  272  pursuant to this chapter shall:
  273         (a) Complete an application form and submit the appropriate
  274  fee to the department;
  275         (b) Be at least 21 years of age;
  276         (c) Be of good moral character;
  277         (d) Have completed at least 3 years of preprofessional
  278  postsecondary education;
  279         (e) Have not previously committed any act that would
  280  constitute a violation of this chapter, unless the board
  281  determines that such act does not adversely affect the
  282  applicant’s present ability and fitness to practice osteopathic
  283  medicine;
  284         (f) Not be under investigation in any jurisdiction for an
  285  act that would constitute a violation of this chapter. If, upon
  286  completion of such investigation, it is determined that the
  287  applicant has committed an act that would constitute a violation
  288  of this chapter, the applicant is ineligible for licensure
  289  unless the board determines that such act does not adversely
  290  affect the applicant’s present ability and fitness to practice
  291  osteopathic medicine;
  292         (g) Have not had an application for a license to practice
  293  osteopathic medicine denied or a license to practice osteopathic
  294  medicine revoked, suspended, or otherwise acted against by the
  295  licensing authority of any jurisdiction unless the board
  296  determines that the grounds on which such action was taken do
  297  not adversely affect the applicant’s present ability and fitness
  298  to practice osteopathic medicine. A licensing authority’s
  299  acceptance of a physician’s relinquishment of license,
  300  stipulation, consent order, or other settlement, offered in
  301  response to or in anticipation of the filing of administrative
  302  charges against the osteopathic physician, shall be considered
  303  action against the osteopathic physician’s license;
  304         (h) Not have received less than a satisfactory evaluation
  305  from an internship, residency, or fellowship training program,
  306  unless the board determines that such act does not adversely
  307  affect the applicant’s present ability and fitness to practice
  308  osteopathic medicine. Such evaluation shall be provided by the
  309  director of medical education from the medical training
  310  facility;
  311         (i) Have met the criteria set forth in s. 459.0075, s.
  312  459.0077, or s. 459.021, whichever is applicable;
  313         (j) Submit to the department a set of fingerprints on a
  314  form and under procedures specified by the department, along
  315  with a payment in an amount equal to the costs incurred by the
  316  Department of Health for the criminal background check of the
  317  applicant;
  318         (k) Demonstrate that he or she is a graduate of a medical
  319  college recognized and approved by the American Osteopathic
  320  Association;
  321         (l) Demonstrate that she or he has successfully completed
  322  an internship or residency a resident internship of not less
  323  than 12 months in a program accredited hospital approved for
  324  this purpose by the Board of Trustees of the American
  325  Osteopathic Association or the Accreditation Council for
  326  Graduate Medical Education any other internship program approved
  327  by the board upon a showing of good cause by the applicant. This
  328  requirement may be waived for an applicant who matriculated in a
  329  college of osteopathic medicine during or before 1948; and
  330         (m) Demonstrate that she or he has obtained a passing
  331  score, as established by rule of the board, on all parts of the
  332  examination conducted by the National Board of Osteopathic
  333  Medical Examiners or other examination approved by the board no
  334  more than 5 years before making application in this state or, if
  335  holding a valid active license in another state, that the
  336  initial licensure in the other state occurred no more than 5
  337  years after the applicant obtained a passing score on the
  338  examination conducted by the National Board of Osteopathic
  339  Medical Examiners or other substantially similar examination
  340  approved by the board.
  341         Section 5. Section 460.4166, Florida Statutes, is repealed.
  342         Section 6. Subsection (10) of section 464.019, Florida
  343  Statutes, is amended to read:
  344         464.019 Approval of nursing education programs.—
  345         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
  346  shall study the administration of this section and submit
  347  reports to the Governor, the President of the Senate, and the
  348  Speaker of the House of Representatives annually by January 30,
  349  through January 30, 2025 2020. The annual reports shall address
  350  the previous academic year; provide data on the measures
  351  specified in paragraphs (a) and (b), as such data becomes
  352  available; and include an evaluation of such data for purposes
  353  of determining whether this section is increasing the
  354  availability of nursing education programs and the production of
  355  quality nurses. The department and each approved program or
  356  accredited program shall comply with requests for data from the
  357  Florida Center for Nursing.
  358         (a) The Florida Center for Nursing shall evaluate program
  359  specific data for each approved program and accredited program
  360  conducted in the state, including, but not limited to:
  361         1. The number of programs and student slots available.
  362         2. The number of student applications submitted, the number
  363  of qualified applicants, and the number of students accepted.
  364         3. The number of program graduates.
  365         4. Program retention rates of students tracked from program
  366  entry to graduation.
  367         5. Graduate passage rates on the National Council of State
  368  Boards of Nursing Licensing Examination.
  369         6. The number of graduates who become employed as practical
  370  or professional nurses in the state.
  371         (b) The Florida Center for Nursing shall evaluate the
  372  board’s implementation of the:
  373         1. Program application approval process, including, but not
  374  limited to, the number of program applications submitted under
  375  subsection (1); the number of program applications approved and
  376  denied by the board under subsection (2); the number of denials
  377  of program applications reviewed under chapter 120; and a
  378  description of the outcomes of those reviews.
  379         2. Accountability processes, including, but not limited to,
  380  the number of programs on probationary status, the number of
  381  approved programs for which the program director is required to
  382  appear before the board under subsection (5), the number of
  383  approved programs terminated by the board, the number of
  384  terminations reviewed under chapter 120, and a description of
  385  the outcomes of those reviews.
  386         (c) The Florida Center for Nursing shall complete an annual
  387  assessment of compliance by programs with the accreditation
  388  requirements of subsection (11), include in the assessment a
  389  determination of the accreditation process status for each
  390  program, and submit the assessment as part of the reports
  391  required by this subsection.
  392         Section 7. Section 464.202, Florida Statutes, is amended to
  393  read:
  394         464.202 Duties and powers of the board.—The board shall
  395  maintain, or contract with or approve another entity to
  396  maintain, a state registry of certified nursing assistants. The
  397  registry must consist of the name of each certified nursing
  398  assistant in this state; other identifying information defined
  399  by board rule; certification status; the effective date of
  400  certification; other information required by state or federal
  401  law; information regarding any crime or any abuse, neglect, or
  402  exploitation as provided under chapter 435; and any disciplinary
  403  action taken against the certified nursing assistant. The
  404  registry shall be accessible to the public, the
  405  certificateholder, employers, and other state agencies. The
  406  board shall adopt by rule testing procedures for use in
  407  certifying nursing assistants and shall adopt rules regulating
  408  the practice of certified nursing assistants, including
  409  disciplinary procedures and standards of practice, and
  410  specifying the scope of practice authorized and the level of
  411  supervision required for the practice of certified nursing
  412  assistants. The board may contract with or approve another
  413  entity or organization to provide the examination services,
  414  including the development and administration of examinations.
  415  The board shall require that the contract provider offer
  416  certified nursing assistant applications via the Internet, and
  417  may require the contract provider to accept certified nursing
  418  assistant applications for processing via the Internet. The
  419  board shall require the contract provider to provide the
  420  preliminary results of the certified nursing examination on the
  421  date the test is administered. The provider shall pay all
  422  reasonable costs and expenses incurred by the board in
  423  evaluating the provider’s application and performance during the
  424  delivery of services, including examination services and
  425  procedures for maintaining the certified nursing assistant
  426  registry.
  427         Section 8. Paragraph (c) of subsection (1) of section
  428  464.203, Florida Statutes, is amended to read:
  429         464.203 Certified nursing assistants; certification
  430  requirement.—
  431         (1) The board shall issue a certificate to practice as a
  432  certified nursing assistant to any person who demonstrates a
  433  minimum competency to read and write and successfully passes the
  434  required background screening pursuant to s. 400.215. If the
  435  person has successfully passed the required background screening
  436  pursuant to s. 400.215 or s. 408.809 within 90 days before
  437  applying for a certificate to practice and the person’s
  438  background screening results are not retained in the
  439  clearinghouse created under s. 435.12, the board shall waive the
  440  requirement that the applicant successfully pass an additional
  441  background screening pursuant to s. 400.215. The person must
  442  also meet one of the following requirements:
  443         (c) Is currently certified in another state or territory of
  444  the United States or in the District of Columbia; is listed on
  445  that jurisdiction’s state’s certified nursing assistant
  446  registry; and has not been found to have committed abuse,
  447  neglect, or exploitation in that jurisdiction state.
  448         Section 9. Paragraph (b) of subsection (1) of section
  449  464.204, Florida Statutes, is amended to read:
  450         464.204 Denial, suspension, or revocation of certification;
  451  disciplinary actions.—
  452         (1) The following acts constitute grounds for which the
  453  board may impose disciplinary sanctions as specified in
  454  subsection (2):
  455         (b) Intentionally Violating any provision of this chapter,
  456  chapter 456, or the rules adopted by the board.
  457         Section 10. Paragraph (b) of subsection (3) and subsection
  458  (4) of section 466.006, Florida Statutes, are amended to read:
  459         466.006 Examination of dentists.—
  460         (3) If an applicant is a graduate of a dental college or
  461  school not accredited in accordance with paragraph (2)(b) or of
  462  a dental college or school not approved by the board, the
  463  applicant is not entitled to take the examinations required in
  464  this section to practice dentistry until she or he satisfies one
  465  of the following:
  466         (b) Submits proof of having successfully completed at least
  467  2 consecutive academic years at a full-time supplemental general
  468  dentistry program accredited by the American Dental Association
  469  Commission on Dental Accreditation. This program must provide
  470  didactic and clinical education at the level of a D.D.S. or
  471  D.M.D. program accredited by the American Dental Association
  472  Commission on Dental Accreditation. For purposes of this
  473  paragraph, a supplemental general dentistry program does not
  474  include an advanced education program in a dental specialty.
  475         (4) Notwithstanding any other provision of law in chapter
  476  456 pertaining to the clinical dental licensure examination or
  477  national examinations, to be licensed as a dentist in this
  478  state, an applicant must successfully complete both of the
  479  following:
  480         (a) A written examination on the laws and rules of the
  481  state regulating the practice of dentistry.;
  482         (b)1. A practical or clinical examination, which must shall
  483  be the American Dental Licensing Examination produced by the
  484  American Board of Dental Examiners, Inc., or its successor
  485  entity, if any, that is administered in this state and graded by
  486  dentists licensed in this state and employed by the department
  487  for just such purpose, provided that the board has attained, and
  488  continues to maintain thereafter, representation on the board of
  489  directors of the American Board of Dental Examiners, the
  490  examination development committee of the American Board of
  491  Dental Examiners, and such other committees of the American
  492  Board of Dental Examiners as the board deems appropriate by rule
  493  to assure that the standards established herein are maintained
  494  organizationally. A passing score on the American Dental
  495  Licensing Examination administered in this state and graded by
  496  dentists who are licensed in this state is valid for 365 days
  497  after the date the official examination results are published.
  498         1.2.a. As an alternative to such practical or clinical
  499  examination the requirements of subparagraph 1., an applicant
  500  may submit scores from an American Dental Licensing Examination
  501  previously administered in a jurisdiction other than this state
  502  after October 1, 2011, and such examination results shall be
  503  recognized as valid for the purpose of licensure in this state.
  504  A passing score on the American Dental Licensing Examination
  505  administered out-of-state shall be the same as the passing score
  506  for the American Dental Licensing Examination administered in
  507  this state and graded by dentists who are licensed in this
  508  state. The examination results are valid for 365 days after the
  509  date the official examination results are published. The
  510  applicant must have completed the examination after October 1,
  511  2011.
  512         b. This subparagraph may not be given retroactive
  513  application.
  514         2.3. If the date of an applicant’s passing American Dental
  515  Licensing Examination scores from an examination previously
  516  administered in a jurisdiction other than this state under
  517  subparagraph 1. subparagraph 2. is older than 365 days, then
  518  such scores are shall nevertheless be recognized as valid for
  519  the purpose of licensure in this state, but only if the
  520  applicant demonstrates that all of the following additional
  521  standards have been met:
  522         a.(I) The applicant completed the American Dental Licensing
  523  Examination after October 1, 2011.
  524         (II) This sub-subparagraph may not be given retroactive
  525  application;
  526         b. The applicant graduated from a dental school accredited
  527  by the American Dental Association Commission on Dental
  528  Accreditation or its successor entity, if any, or any other
  529  dental accrediting organization recognized by the United States
  530  Department of Education. Provided, however, if the applicant did
  531  not graduate from such a dental school, the applicant may submit
  532  proof of having successfully completed a full-time supplemental
  533  general dentistry program accredited by the American Dental
  534  Association Commission on Dental Accreditation of at least 2
  535  consecutive academic years at such accredited sponsoring
  536  institution. Such program must provide didactic and clinical
  537  education at the level of a D.D.S. or D.M.D. program accredited
  538  by the American Dental Association Commission on Dental
  539  Accreditation. For purposes of this paragraph, a supplemental
  540  general dentistry program does not include an advanced education
  541  program in a dental specialty;
  542         c. The applicant currently possesses a valid and active
  543  dental license in good standing, with no restriction, which has
  544  never been revoked, suspended, restricted, or otherwise
  545  disciplined, from another state or territory of the United
  546  States, the District of Columbia, or the Commonwealth of Puerto
  547  Rico;
  548         d. The applicant submits proof that he or she has never
  549  been reported to the National Practitioner Data Bank, the
  550  Healthcare Integrity and Protection Data Bank, or the American
  551  Association of Dental Boards Clearinghouse. This sub
  552  subparagraph does not apply if the applicant successfully
  553  appealed to have his or her name removed from the data banks of
  554  these agencies;
  555         e.(I)(A)In the 5 years immediately preceding the date of
  556  application for licensure in this state, The applicant submits
  557  must submit proof of having been consecutively engaged in the
  558  full-time practice of dentistry in another state or territory of
  559  the United States, the District of Columbia, or the Commonwealth
  560  of Puerto Rico in the 5 years immediately preceding the date of
  561  application for licensure in this state;, or,
  562         (B) If the applicant has been licensed in another state or
  563  territory of the United States, the District of Columbia, or the
  564  Commonwealth of Puerto Rico for less than 5 years, the applicant
  565  submits must submit proof of having been engaged in the full
  566  time practice of dentistry since the date of his or her initial
  567  licensure.
  568         (II) As used in this section, “full-time practice” is
  569  defined as a minimum of 1,200 hours per year for each and every
  570  year in the consecutive 5-year period or, where applicable, the
  571  period since initial licensure, and must include any combination
  572  of the following:
  573         (A) Active clinical practice of dentistry providing direct
  574  patient care.
  575         (B) Full-time practice as a faculty member employed by a
  576  dental or dental hygiene school approved by the board or
  577  accredited by the American Dental Association Commission on
  578  Dental Accreditation.
  579         (C) Full-time practice as a student at a postgraduate
  580  dental education program approved by the board or accredited by
  581  the American Dental Association Commission on Dental
  582  Accreditation.
  583         (III) The board shall develop rules to determine what type
  584  of proof of full-time practice is required and to recoup the
  585  cost to the board of verifying full-time practice under this
  586  section. Such proof must, at a minimum, be:
  587         (A) Admissible as evidence in an administrative proceeding;
  588         (B) Submitted in writing;
  589         (C) Submitted by the applicant under oath with penalties of
  590  perjury attached;
  591         (D) Further documented by an affidavit of someone unrelated
  592  to the applicant who is familiar with the applicant’s practice
  593  and testifies with particularity that the applicant has been
  594  engaged in full-time practice; and
  595         (E) Specifically found by the board to be both credible and
  596  admissible.
  597         (IV) An affidavit of only the applicant is not acceptable
  598  proof of full-time practice unless it is further attested to by
  599  someone unrelated to the applicant who has personal knowledge of
  600  the applicant’s practice. If the board deems it necessary to
  601  assess credibility or accuracy, the board may require the
  602  applicant or the applicant’s witnesses to appear before the
  603  board and give oral testimony under oath;
  604         f. The applicant submits must submit documentation that he
  605  or she has completed, or will complete, prior to licensure in
  606  this state, continuing education equivalent to this state’s
  607  requirements for the last full reporting biennium;
  608         g. The applicant proves must prove that he or she has never
  609  been convicted of, or pled nolo contendere to, regardless of
  610  adjudication, any felony or misdemeanor related to the practice
  611  of a health care profession in any jurisdiction;
  612         h. The applicant has must successfully passed pass a
  613  written examination on the laws and rules of this state
  614  regulating the practice of dentistry and must successfully pass
  615  the computer-based diagnostic skills examination; and
  616         i. The applicant submits must submit documentation that he
  617  or she has successfully completed the applicable examination
  618  administered by the Joint Commission on National Dental
  619  Examinations or its successor organization National Board of
  620  Dental Examiners dental examination.
  621         Section 11. Section 466.00673, Florida Statutes, is amended
  622  to read:
  623         466.00673 Repeal of a health access dental license.
  624  Effective January 1, 2025 2020, ss. 466.0067-466.00673 are
  625  repealed unless reenacted by the Legislature. Any health access
  626  dental license issued before January 1, 2025 2020, shall remain
  627  valid according to ss. 466.0067-466.00673, without effect from
  628  repeal.
  629         Section 12. Paragraph (b) of subsection (4) and paragraph
  630  (a) of subsection (6) of section 466.007, Florida Statutes, are
  631  amended to read:
  632         466.007 Examination of dental hygienists.—
  633         (4) Effective July 1, 2012, to be licensed as a dental
  634  hygienist in this state, an applicant must successfully complete
  635  the following:
  636         (b) A practical or clinical examination approved by the
  637  board. The examination shall be the Dental Hygiene Examination
  638  produced by the American Board of Dental Examiners, Inc. (ADEX)
  639  or its successor entity, if any, if the board finds that the
  640  successor entity’s clinical examination meets or exceeds the
  641  provisions of this section. The board shall approve the ADEX
  642  Dental Hygiene Examination if the board has attained and
  643  continues to maintain representation on the ADEX House of
  644  Representatives, the ADEX Dental Hygiene Examination Development
  645  Committee, and such other ADEX Dental Hygiene committees as the
  646  board deems appropriate through rulemaking to ensure that the
  647  standards established in this section are maintained
  648  organizationally. The ADEX Dental Hygiene Examination or the
  649  examination produced by its successor entity is a comprehensive
  650  examination in which an applicant must demonstrate skills within
  651  the dental hygiene scope of practice on a live patient and any
  652  other components that the board deems necessary for the
  653  applicant to successfully demonstrate competency for the purpose
  654  of licensure. The ADEX Dental Hygiene Examination or the
  655  examination by the successor entity administered in this state
  656  shall be graded by dentists and dental hygienists licensed in
  657  this state who are employed by the department for this purpose.
  658         (6)(a) A passing score on the ADEX Dental Hygiene
  659  Examination administered out of state must shall be considered
  660  the same as a passing score for the ADEX Dental Hygiene
  661  Examination administered in this state and graded by licensed
  662  dentists and dental hygienists.
  663         Section 13. Subsections (9) through (15) are added to
  664  section 466.017, Florida Statutes, to read:
  665         466.017 Prescription of drugs; anesthesia.—
  666         (9)Any adverse incident that occurs in an office
  667  maintained by a dentist must be reported to the department. The
  668  required notification to the department must be submitted in
  669  writing by certified mail and postmarked within 48 hours after
  670  the incident occurs.
  671         (10)A dentist practicing in this state must notify the
  672  board in writing by certified mail within 48 hours after any
  673  adverse incident that occurs in the dentist’s outpatient
  674  facility. A complete written report must be filed with the board
  675  within 30 days after the incident occurs.
  676         (11)Any certified registered dental hygienist
  677  administering local anesthesia must notify the board in writing
  678  by registered mail within 48 hours after any adverse incident
  679  that was related to or the result of the administration of local
  680  anesthesia. A complete written report must be filed with the
  681  board within 30 days after the mortality or other adverse
  682  incident.
  683         (12)A failure by the dentist or dental hygienist to timely
  684  and completely comply with all the reporting requirements in
  685  this section is the basis for disciplinary action by the board
  686  pursuant to s. 466.028(1).
  687         (13)The department shall review each adverse incident and
  688  determine whether it involved conduct by a health care
  689  professional subject to disciplinary action, in which case s.
  690  456.073 applies. Disciplinary action, if any, shall be taken by
  691  the board under which the health care professional is licensed.
  692         (14)As used in subsections (9)-(13), the term “adverse
  693  incident” means any mortality that occurs during or as the
  694  result of a dental procedure, or an incident that results in a
  695  temporary or permanent physical or mental injury that requires
  696  hospitalization or emergency room treatment of a dental patient
  697  which occurs during or as a direct result of the use of general
  698  anesthesia, deep sedation, moderate sedation, pediatric moderate
  699  sedation, oral sedation, minimal sedation (anxiolysis), nitrous
  700  oxide, or local anesthesia.
  701         (15)The board may adopt rules to administer this section.
  702         Section 14. Section 466.031, Florida Statutes, is amended
  703  to read:
  704         466.031 Dental laboratories laboratory” defined.—
  705         (1) The term “dental laboratory” as used in this chapter:
  706         (1) includes any person, firm, or corporation that who
  707  performs for a fee of any kind, gratuitously, or otherwise,
  708  directly or through an agent or an employee, by any means or
  709  method, or who in any way supplies or manufactures artificial
  710  substitutes for the natural teeth;, or who furnishes, supplies,
  711  constructs, or reproduces or repairs any prosthetic denture,
  712  bridge, or appliance to be worn in the human mouth; or who in
  713  any way represents holds itself out as a dental laboratory.
  714         (2) The term does not include a Excludes any dental
  715  laboratory technician who constructs or repairs dental
  716  prosthetic appliances in the office of a licensed dentist
  717  exclusively for that such dentist only and under her or his
  718  supervision and work order.
  719         (2) An employee or an independent contractor of a dental
  720  laboratory acting as an agent of that dental laboratory may
  721  engage in onsite consultation with a licensed dentist during a
  722  dental procedure.
  723         Section 15. Section 466.036, Florida Statutes, is amended
  724  to read:
  725         466.036 Information; periodic inspections; equipment and
  726  supplies.—The department may require from the applicant for a
  727  registration certificate to operate a dental laboratory any
  728  information necessary to carry out the purpose of this chapter,
  729  including proof that the applicant has the equipment and
  730  supplies necessary to operate as determined by rule of the
  731  department, and shall require periodic inspection of all dental
  732  laboratories operating in this state at least once each biennial
  733  registration period. Such inspections must shall include, but
  734  need not be limited to, inspection of sanitary conditions,
  735  equipment, supplies, and facilities on the premises. The
  736  department shall specify dental equipment and supplies that are
  737  not allowed permitted in a registered dental laboratory.
  738         Section 16. Subsection (1) of section 468.701, Florida
  739  Statutes, is amended to read:
  740         468.701 Definitions.—As used in this part, the term:
  741         (1) “Athletic trainer” means a person licensed under this
  742  part who has met the requirements of under this part, including
  743  the education requirements established as set forth by the
  744  Commission on Accreditation of Athletic Training Education or
  745  its successor organization and necessary credentials from the
  746  Board of Certification. An individual who is licensed as an
  747  athletic trainer may not provide, offer to provide, or represent
  748  that he or she is qualified to provide any care or services that
  749  he or she lacks the education, training, or experience to
  750  provide, or that he or she is otherwise prohibited by law from
  751  providing.
  752         Section 17. Section 468.707, Florida Statutes, is amended
  753  to read:
  754         468.707 Licensure requirements.—Any person desiring to be
  755  licensed as an athletic trainer shall apply to the department on
  756  a form approved by the department. An applicant shall also
  757  provide records or other evidence, as determined by the board,
  758  to prove he or she has met the requirements of this section. The
  759  department shall license each applicant who:
  760         (1) Has completed the application form and remitted the
  761  required fees.
  762         (2) For a person who applies on or after July 1, 2016, Has
  763  submitted to background screening pursuant to s. 456.0135. The
  764  board may require a background screening for an applicant whose
  765  license has expired or who is undergoing disciplinary action.
  766         (3)(a) Has obtained, at a minimum, a baccalaureate or
  767  higher degree from a college or university professional athletic
  768  training degree program accredited by the Commission on
  769  Accreditation of Athletic Training Education or its successor
  770  organization recognized and approved by the United States
  771  Department of Education or the Commission on Recognition of
  772  Postsecondary Accreditation, approved by the board, or
  773  recognized by the Board of Certification, and has passed the
  774  national examination to be certified by the Board of
  775  Certification; or.
  776         (b)(4)Has obtained, at a minimum, a bachelor’s degree, has
  777  completed the Board of Certification internship requirements,
  778  and If graduated before 2004, has a current certification from
  779  the Board of Certification.
  780         (4)(5) Has current certification in both cardiopulmonary
  781  resuscitation and the use of an automated external defibrillator
  782  set forth in the continuing education requirements as determined
  783  by the board pursuant to s. 468.711.
  784         (5)(6) Has completed any other requirements as determined
  785  by the department and approved by the board.
  786         Section 18. Subsection (3) of section 468.711, Florida
  787  Statutes, is amended to read:
  788         468.711 Renewal of license; continuing education.—
  789         (3) If initially licensed after January 1, 1998, the
  790  licensee must be currently certified by the Board of
  791  Certification or its successor agency and maintain that
  792  certification in good standing without lapse.
  793         Section 19. Section 468.713, Florida Statutes, is amended
  794  to read:
  795         468.713 Responsibilities of athletic trainers.—
  796         (1) An athletic trainer shall practice under the direction
  797  of a physician licensed under chapter 458, chapter 459, chapter
  798  460, or otherwise authorized by Florida law to practice
  799  medicine. The physician shall communicate his or her direction
  800  through oral or written prescriptions or protocols as deemed
  801  appropriate by the physician for the provision of services and
  802  care by the athletic trainer. An athletic trainer shall provide
  803  service or care in the manner dictated by the physician.
  804         (2) An athletic trainer shall work within his or her
  805  allowable scope of practice as specified in board rule under s.
  806  468.705. An athletic trainer may not provide, offer to provide,
  807  or represent that he or she is qualified to provide any care or
  808  services that he or she lacks the education, training, or
  809  experience to provide, or that he or she is otherwise prohibited
  810  by law from providing.
  811         Section 20. Subsection (2) of section 468.723, Florida
  812  Statutes, is amended to read:
  813         468.723 Exemptions.—This part does not prohibit prevent or
  814  restrict:
  815         (2) An athletic training student acting under the direct
  816  supervision of a licensed athletic trainer. For purposes of this
  817  subsection, “direct supervision” means the physical presence of
  818  an athletic trainer so that the athletic trainer is immediately
  819  available to the athletic training student and able to intervene
  820  on behalf of the athletic training student. The supervision must
  821  comply with board rule in accordance with the standards set
  822  forth by the Commission on Accreditation of Athletic Training
  823  Education or its successor.
  824         Section 21. Subsections (1), (3), and (4) of section
  825  468.803, Florida Statutes, are amended to read:
  826         468.803 License, registration, and examination
  827  requirements.—
  828         (1) The department shall issue a license to practice
  829  orthotics, prosthetics, or pedorthics, or a registration for a
  830  resident to practice orthotics or prosthetics, to qualified
  831  applicants. Licenses to practice shall be granted independently
  832  in orthotics, prosthetics, or pedorthics shall be granted
  833  independently, but a person may be licensed in more than one
  834  such discipline, and a prosthetist-orthotist license may be
  835  granted to persons meeting the requirements for licensure both
  836  as a prosthetist and as an orthotist license. Registrations to
  837  practice shall be granted independently in orthotics or
  838  prosthetics shall be granted independently, and a person may be
  839  registered in both disciplines fields at the same time or
  840  jointly in orthotics and prosthetics as a dual registration.
  841         (3) A person seeking to attain the required orthotics or
  842  prosthetics experience required for licensure in this state must
  843  be approved by the board and registered as a resident by the
  844  department. Although a registration may be held in both
  845  disciplines practice fields, for independent registrations the
  846  board may shall not approve a second registration for until at
  847  least 1 year after the issuance of the first registration.
  848  Notwithstanding subsection (2), a person an applicant who has
  849  been approved by the board and registered by the department in
  850  one discipline practice field may apply for registration in the
  851  second discipline practice field without an additional state or
  852  national criminal history check during the period in which the
  853  first registration is valid. Each independent registration or
  854  dual registration is valid for 2 years after from the date of
  855  issuance unless otherwise revoked by the department upon
  856  recommendation of the board. The board shall set a registration
  857  fee not to exceed $500 to be paid by the applicant. A
  858  registration may be renewed once by the department upon
  859  recommendation of the board for a period no longer than 1 year,
  860  as such renewal is defined by the board by rule. The
  861  registration renewal fee may shall not exceed one-half the
  862  current registration fee. To be considered by the board for
  863  approval of registration as a resident, the applicant must have
  864  one of the following:
  865         (a) A Bachelor of Science or higher-level postgraduate
  866  degree in Orthotics and Prosthetics from a regionally accredited
  867  college or university recognized by the Commission on
  868  Accreditation of Allied Health Education Programs. or, at
  869         (b) A minimum, of a bachelor’s degree from a regionally
  870  accredited college or university and a certificate in orthotics
  871  or prosthetics from a program recognized by the Commission on
  872  Accreditation of Allied Health Education Programs, or its
  873  equivalent, as determined by the board.; or
  874         (c)A minimum of a bachelor’s degree from a regionally
  875  accredited college or university and a dual certificate in both
  876  orthotics and prosthetics from programs recognized by the
  877  Commission on Accreditation of Allied Health Education Programs,
  878  or its equivalent, as determined by the board.
  879         (b)A Bachelor of Science or higher-level postgraduate
  880  degree in Orthotics and Prosthetics from a regionally accredited
  881  college or university recognized by the Commission on
  882  Accreditation of Allied Health Education Programs or, at a
  883  minimum, a bachelor’s degree from a regionally accredited
  884  college or university and a certificate in prosthetics from a
  885  program recognized by the Commission on Accreditation of Allied
  886  Health Education Programs, or its equivalent, as determined by
  887  the board.
  888         (4) The department may develop and administer a state
  889  examination for an orthotist or a prosthetist license, or the
  890  board may approve the existing examination of a national
  891  standards organization. The examination must be predicated on a
  892  minimum of a baccalaureate-level education and formalized
  893  specialized training in the appropriate field. Each examination
  894  must demonstrate a minimum level of competence in basic
  895  scientific knowledge, written problem solving, and practical
  896  clinical patient management. The board shall require an
  897  examination fee not to exceed the actual cost to the board in
  898  developing, administering, and approving the examination, which
  899  fee must be paid by the applicant. To be considered by the board
  900  for examination, the applicant must have:
  901         (a) For an examination in orthotics:
  902         1. A Bachelor of Science or higher-level postgraduate
  903  degree in Orthotics and Prosthetics from a regionally accredited
  904  college or university recognized by the Commission on
  905  Accreditation of Allied Health Education Programs or, at a
  906  minimum, a bachelor’s degree from a regionally accredited
  907  college or university and a certificate in orthotics from a
  908  program recognized by the Commission on Accreditation of Allied
  909  Health Education Programs, or its equivalent, as determined by
  910  the board; and
  911         2. An approved orthotics internship of 1 year of qualified
  912  experience, as determined by the board, or an orthotic residency
  913  or dual residency program recognized by the board.
  914         (b) For an examination in prosthetics:
  915         1. A Bachelor of Science or higher-level postgraduate
  916  degree in Orthotics and Prosthetics from a regionally accredited
  917  college or university recognized by the Commission on
  918  Accreditation of Allied Health Education Programs or, at a
  919  minimum, a bachelor’s degree from a regionally accredited
  920  college or university and a certificate in prosthetics from a
  921  program recognized by the Commission on Accreditation of Allied
  922  Health Education Programs, or its equivalent, as determined by
  923  the board; and
  924         2. An approved prosthetics internship of 1 year of
  925  qualified experience, as determined by the board, or a
  926  prosthetic residency or dual residency program recognized by the
  927  board.
  928         Section 22. Subsection (5) of section 480.033, Florida
  929  Statutes, is amended to read:
  930         480.033 Definitions.—As used in this act:
  931         (5) “Apprentice” means a person approved by the board to
  932  study colonic irrigation massage under the instruction of a
  933  licensed massage therapist practicing colonic irrigation.
  934         Section 23. Subsections (1) and (2) of section 480.041,
  935  Florida Statutes, are amended, and subsection (8) is added to
  936  that section, to read:
  937         480.041 Massage therapists; qualifications; licensure;
  938  endorsement.—
  939         (1) Any person is qualified for licensure as a massage
  940  therapist under this act who:
  941         (a) Is at least 18 years of age or has received a high
  942  school diploma or high school equivalency diploma;
  943         (b) Has completed a course of study at a board-approved
  944  massage school or has completed an apprenticeship program that
  945  meets standards adopted by the board; and
  946         (c) Has received a passing grade on a national an
  947  examination designated administered by the board department.
  948         (2) Every person desiring to be examined for licensure as a
  949  massage therapist shall apply to the department in writing upon
  950  forms prepared and furnished by the department. Such applicants
  951  are shall be subject to the provisions of s. 480.046(1).
  952  Applicants may take an examination administered by the
  953  department only upon meeting the requirements of this section as
  954  determined by the board.
  955         (8)A person issued a license as a massage apprentice
  956  before July 1, 2019, may continue that apprenticeship and
  957  perform massage therapy as permitted under that license until it
  958  expires. Upon completion of the apprenticeship, which must occur
  959  before July 1, 2022, a massage apprentice may apply to the board
  960  for full licensure and be granted a license if all other
  961  applicable licensure requirements are met.
  962         Section 24. Section 480.042, Florida Statutes, is repealed.
  963         Section 25. Subsection (3) of section 480.046, Florida
  964  Statutes, is amended, and subsection (5) is added to that
  965  section, to read:
  966         480.046 Grounds for disciplinary action by the board.—
  967         (3) The board may shall have the power to revoke or suspend
  968  the license of a massage establishment licensed under this act,
  969  or to deny subsequent licensure of such an establishment, if the
  970  establishment is owned by an individual or entity that owned
  971  another establishment whose license was revoked, upon a showing
  972  of proof that, in either of the following cases:
  973         (a) The current Upon proof that a license has been obtained
  974  by fraud or misrepresentation.
  975         (b) Upon proof that The holder of the a license is guilty
  976  of fraud or deceit or of gross negligence, incompetency, or
  977  misconduct in the operation of the currently licensed
  978  establishment so licensed.
  979         (c)The owner of the massage establishment or any
  980  individual or individuals providing massage therapy services
  981  within the establishment, in the aggregate or individually, have
  982  had three convictions of, or pleas of guilty or nolo contendere
  983  to, or dismissals of a criminal action after a successful
  984  completion of a pretrial intervention, diversion, or substance
  985  abuse program for any misdemeanor or felony, regardless of
  986  adjudication, a crime in any jurisdiction related to
  987  prostitution and related acts as defined in s. 796.07, which
  988  occurred at or within the currently licensed establishment.
  989         (5)An establishment that has been the subject of
  990  disciplinary action under this section may not apply for
  991  relicensure unless there is a change in ownership.
  992         Section 26. Subsection (3) of section 490.003, Florida
  993  Statutes, is amended to read:
  994         490.003 Definitions.—As used in this chapter:
  995         (3)(a)Prior to July 1, 1999, “doctoral-level psychological
  996  education” and “doctoral degree in psychology” mean a Psy.D., an
  997  Ed.D. in psychology, or a Ph.D. in psychology from:
  998         1.An educational institution which, at the time the
  999  applicant was enrolled and graduated, had institutional
 1000  accreditation from an agency recognized and approved by the
 1001  United States Department of Education or was recognized as a
 1002  member in good standing with the Association of Universities and
 1003  Colleges of Canada; and
 1004         2.A psychology program within that educational institution
 1005  which, at the time the applicant was enrolled and graduated, had
 1006  programmatic accreditation from an accrediting agency recognized
 1007  and approved by the United States Department of Education or was
 1008  comparable to such programs.
 1009         (b) Effective July 1, 1999, “doctoral-level psychological
 1010  education” and “doctoral degree in psychology” mean a Psy.D., an
 1011  Ed.D. in psychology, or a Ph.D. in psychology from:
 1012         1.a psychology program within an educational institution
 1013  that which, at the time the applicant was enrolled and
 1014  graduated, had institutional accreditation from an agency
 1015  recognized and approved by the United States Department of
 1016  Education or was recognized as a member in good standing with
 1017  the Association of Universities and Colleges of Canada. The
 1018  psychology program must have had; and
 1019         2.A psychology program within that educational institution
 1020  which, at the time the applicant was enrolled and graduated, had
 1021  programmatic accreditation from the American Psychological
 1022  Association an agency recognized and approved by the United
 1023  States Department of Education.
 1024         Section 27. Paragraph (b) of subsection (1) and paragraph
 1025  (b) of subsection (2) of section 490.005, Florida Statutes, are
 1026  amended to read:
 1027         490.005 Licensure by examination.—
 1028         (1) Any person desiring to be licensed as a psychologist
 1029  shall apply to the department to take the licensure examination.
 1030  The department shall license each applicant who the board
 1031  certifies has:
 1032         (b) Submitted proof satisfactory to the board that the
 1033  applicant has:
 1034         1. Received doctoral-level psychological education, as
 1035  defined in s. 490.003(3); or
 1036         2. Received the equivalent of a doctoral-level
 1037  psychological education, as defined in s. 490.003(3), from a
 1038  program at a school or university located outside the United
 1039  States of America and Canada, which was officially recognized by
 1040  the government of the country in which it is located as an
 1041  institution or program to train students to practice
 1042  professional psychology. The applicant has the burden of
 1043  establishing that this requirement has the requirements of this
 1044  provision have been met shall be upon the applicant;
 1045         3.Received and submitted to the board, prior to July 1,
 1046  1999, certification of an augmented doctoral-level psychological
 1047  education from the program director of a doctoral-level
 1048  psychology program accredited by a programmatic agency
 1049  recognized and approved by the United States Department of
 1050  Education; or
 1051         4.Received and submitted to the board, prior to August 31,
 1052  2001, certification of a doctoral-level program that at the time
 1053  the applicant was enrolled and graduated maintained a standard
 1054  of education and training comparable to the standard of training
 1055  of programs accredited by a programmatic agency recognized and
 1056  approved by the United States Department of Education. Such
 1057  certification of comparability shall be provided by the program
 1058  director of a doctoral-level psychology program accredited by a
 1059  programmatic agency recognized and approved by the United States
 1060  Department of Education.
 1061         (2) Any person desiring to be licensed as a school
 1062  psychologist shall apply to the department to take the licensure
 1063  examination. The department shall license each applicant who the
 1064  department certifies has:
 1065         (b) Submitted satisfactory proof to the department that the
 1066  applicant:
 1067         1. Has received a doctorate, specialist, or equivalent
 1068  degree from a program primarily psychological in nature and has
 1069  completed 60 semester hours or 90 quarter hours of graduate
 1070  study, in areas related to school psychology as defined by rule
 1071  of the department, from a college or university which at the
 1072  time the applicant was enrolled and graduated was accredited by
 1073  an accrediting agency recognized and approved by the Council for
 1074  Higher Education Accreditation or its successor organization
 1075  Commission on Recognition of Postsecondary Accreditation or from
 1076  an institution that which is publicly recognized as a member in
 1077  good standing with the Association of Universities and Colleges
 1078  of Canada.
 1079         2. Has had a minimum of 3 years of experience in school
 1080  psychology, 2 years of which must be supervised by an individual
 1081  who is a licensed school psychologist or who has otherwise
 1082  qualified as a school psychologist supervisor, by education and
 1083  experience, as set forth by rule of the department. A doctoral
 1084  internship may be applied toward the supervision requirement.
 1085         3. Has passed an examination provided by the department.
 1086         Section 28. Subsection (1) of section 490.006, Florida
 1087  Statutes, is amended to read:
 1088         490.006 Licensure by endorsement.—
 1089         (1) The department shall license a person as a psychologist
 1090  or school psychologist who, upon applying to the department and
 1091  remitting the appropriate fee, demonstrates to the department
 1092  or, in the case of psychologists, to the board that the
 1093  applicant:
 1094         (a)Holds a valid license or certificate in another state
 1095  to practice psychology or school psychology, as applicable,
 1096  provided that, when the applicant secured such license or
 1097  certificate, the requirements were substantially equivalent to
 1098  or more stringent than those set forth in this chapter at that
 1099  time; and, if no Florida law existed at that time, then the
 1100  requirements in the other state must have been substantially
 1101  equivalent to or more stringent than those set forth in this
 1102  chapter at the present time;
 1103         (a)(b) Is a diplomate in good standing with the American
 1104  Board of Professional Psychology, Inc.; or
 1105         (b)(c) Possesses a doctoral degree in psychology as
 1106  described in s. 490.003 and has at least 10 20 years of
 1107  experience as a licensed psychologist in any jurisdiction or
 1108  territory of the United States within the 25 years preceding the
 1109  date of application.
 1110         Section 29. Subsection (6) of section 491.0045, Florida
 1111  Statutes, as amended by chapter 2016-80 and chapter 2016-241,
 1112  Laws of Florida, is amended to read:
 1113         491.0045 Intern registration; requirements.—
 1114         (6) A registration issued on or before March 31, 2017,
 1115  expires March 31, 2022, and may not be renewed or reissued. Any
 1116  registration issued after March 31, 2017, expires 60 months
 1117  after the date it is issued. The board may make a one-time
 1118  exception from the requirements of this subsection in emergency
 1119  or hardship cases, as defined by board rule, if A subsequent
 1120  intern registration may not be issued unless the candidate has
 1121  passed the theory and practice examination described in s.
 1122  491.005(1)(d), (3)(d), and (4)(d).
 1123         Section 30. Subsections (3) and (4) of section 491.005,
 1124  Florida Statutes, are amended to read:
 1125         491.005 Licensure by examination.—
 1126         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1127  documentation and payment of a fee not to exceed $200, as set by
 1128  board rule, plus the actual cost of to the department for the
 1129  purchase of the examination from the Association of Marital and
 1130  Family Therapy Regulatory Board, or similar national
 1131  organization, the department shall issue a license as a marriage
 1132  and family therapist to an applicant who the board certifies:
 1133         (a) Has submitted an application and paid the appropriate
 1134  fee.
 1135         (b)1. Has a minimum of a master’s degree with major
 1136  emphasis in marriage and family therapy, or a closely related
 1137  field from a program accredited by the Commission on
 1138  Accreditation for Marriage and Family Therapy Education or from
 1139  a Florida university program accredited by the Council for
 1140  Accreditation of Counseling and Related Educational Programs,
 1141  and graduate courses approved by the Board of Clinical Social
 1142  Work, Marriage and Family Therapy, and Mental Health Counseling
 1143  has completed all of the following requirements:
 1144         a.Thirty-six semester hours or 48 quarter hours of
 1145  graduate coursework, which must include a minimum of 3 semester
 1146  hours or 4 quarter hours of graduate-level course credits in
 1147  each of the following nine areas: dynamics of marriage and
 1148  family systems; marriage therapy and counseling theory and
 1149  techniques; family therapy and counseling theory and techniques;
 1150  individual human development theories throughout the life cycle;
 1151  personality theory or general counseling theory and techniques;
 1152  psychopathology; human sexuality theory and counseling
 1153  techniques; psychosocial theory; and substance abuse theory and
 1154  counseling techniques. Courses in research, evaluation,
 1155  appraisal, assessment, or testing theories and procedures;
 1156  thesis or dissertation work; or practicums, internships, or
 1157  fieldwork may not be applied toward this requirement.
 1158         b.A minimum of one graduate-level course of 3 semester
 1159  hours or 4 quarter hours in legal, ethical, and professional
 1160  standards issues in the practice of marriage and family therapy
 1161  or a course determined by the board to be equivalent.
 1162         c.A minimum of one graduate-level course of 3 semester
 1163  hours or 4 quarter hours in diagnosis, appraisal, assessment,
 1164  and testing for individual or interpersonal disorder or
 1165  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
 1166  hour graduate-level course in behavioral research which focuses
 1167  on the interpretation and application of research data as it
 1168  applies to clinical practice. Credit for thesis or dissertation
 1169  work, practicums, internships, or fieldwork may not be applied
 1170  toward this requirement.
 1171         d.A minimum of one supervised clinical practicum,
 1172  internship, or field experience in a marriage and family
 1173  counseling setting, during which the student provided 180 direct
 1174  client contact hours of marriage and family therapy services
 1175  under the supervision of an individual who met the requirements
 1176  for supervision under paragraph (c). This requirement may be met
 1177  by a supervised practice experience which took place outside the
 1178  academic arena, but which is certified as equivalent to a
 1179  graduate-level practicum or internship program which required a
 1180  minimum of 180 direct client contact hours of marriage and
 1181  family therapy services currently offered within an academic
 1182  program of a college or university accredited by an accrediting
 1183  agency approved by the United States Department of Education, or
 1184  an institution which is publicly recognized as a member in good
 1185  standing with the Association of Universities and Colleges of
 1186  Canada or a training institution accredited by the Commission on
 1187  Accreditation for Marriage and Family Therapy Education
 1188  recognized by the United States Department of Education.
 1189  Certification shall be required from an official of such
 1190  college, university, or training institution.
 1191         2. If the course title that which appears on the
 1192  applicant’s transcript does not clearly identify the content of
 1193  the coursework, the applicant shall be required to provide
 1194  additional documentation, including, but not limited to, a
 1195  syllabus or catalog description published for the course.
 1196  
 1197  The required master’s degree must have been received in an
 1198  institution of higher education which, at the time the applicant
 1199  graduated, was: fully accredited by a regional accrediting body
 1200  recognized by the Commission on Recognition of Postsecondary
 1201  Accreditation or; publicly recognized as a member in good
 1202  standing with the Association of Universities and Colleges of
 1203  Canada,; or an institution of higher education located outside
 1204  the United States and Canada, which, at the time the applicant
 1205  was enrolled and at the time the applicant graduated, maintained
 1206  a standard of training substantially equivalent to the standards
 1207  of training of those institutions in the United States which are
 1208  accredited by a regional accrediting body recognized by the
 1209  Commission on Recognition of Postsecondary Accreditation. Such
 1210  foreign education and training must have been received in an
 1211  institution or program of higher education officially recognized
 1212  by the government of the country in which it is located as an
 1213  institution or program to train students to practice as
 1214  professional marriage and family therapists or psychotherapists.
 1215  The applicant has the burden of establishing that the
 1216  requirements of this provision have been met shall be upon the
 1217  applicant, and the board shall require documentation, such as,
 1218  but not limited to, an evaluation by a foreign equivalency
 1219  determination service, as evidence that the applicant’s graduate
 1220  degree program and education were equivalent to an accredited
 1221  program in this country. An applicant with a master’s degree
 1222  from a program that which did not emphasize marriage and family
 1223  therapy may complete the coursework requirement in a training
 1224  institution fully accredited by the Commission on Accreditation
 1225  for Marriage and Family Therapy Education recognized by the
 1226  United States Department of Education.
 1227         (c) Has had at least 2 years of clinical experience during
 1228  which 50 percent of the applicant’s clients were receiving
 1229  marriage and family therapy services, which must be at the post
 1230  master’s level under the supervision of a licensed marriage and
 1231  family therapist with at least 5 years of experience, or the
 1232  equivalent, who is a qualified supervisor as determined by the
 1233  board. An individual who intends to practice in Florida to
 1234  satisfy the clinical experience requirements must register
 1235  pursuant to s. 491.0045 before commencing practice. If a
 1236  graduate has a master’s degree with a major emphasis in marriage
 1237  and family therapy or a closely related field which that did not
 1238  include all of the coursework required by subparagraph (b)1.
 1239  under sub-subparagraphs (b)1.a.-c., credit for the post-master’s
 1240  level clinical experience may shall not commence until the
 1241  applicant has completed a minimum of 10 of the courses required
 1242  by subparagraph (b)1. under sub-subparagraphs (b)1.a.-c., as
 1243  determined by the board, and at least 6 semester hours or 9
 1244  quarter hours of the course credits must have been completed in
 1245  the area of marriage and family systems, theories, or
 1246  techniques. Within the 2 3 years of required experience, the
 1247  applicant shall provide direct individual, group, or family
 1248  therapy and counseling, to include the following categories of
 1249  cases including those involving: unmarried dyads, married
 1250  couples, separating and divorcing couples, and family groups
 1251  that include including children. A doctoral internship may be
 1252  applied toward the clinical experience requirement. A licensed
 1253  mental health professional must be on the premises when clinical
 1254  services are provided by a registered intern in a private
 1255  practice setting.
 1256         (d) Has passed a theory and practice examination provided
 1257  by the department for this purpose.
 1258         (e) Has demonstrated, in a manner designated by board rule
 1259  of the board, knowledge of the laws and rules governing the
 1260  practice of clinical social work, marriage and family therapy,
 1261  and mental health counseling.
 1262         (f)
 1263  
 1264  For the purposes of dual licensure, the department shall license
 1265  as a marriage and family therapist any person who meets the
 1266  requirements of s. 491.0057. Fees for dual licensure may shall
 1267  not exceed those stated in this subsection.
 1268         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1269  documentation and payment of a fee not to exceed $200, as set by
 1270  board rule, plus the actual per applicant cost of to the
 1271  department for purchase of the examination from the National
 1272  Board for Certified Counselors or its successor Professional
 1273  Examination Service for the National Academy of Certified
 1274  Clinical Mental Health Counselors or a similar national
 1275  organization, the department shall issue a license as a mental
 1276  health counselor to an applicant who the board certifies:
 1277         (a) Has submitted an application and paid the appropriate
 1278  fee.
 1279         (b)1. Has a minimum of an earned master’s degree from a
 1280  mental health counseling program accredited by the Council for
 1281  the Accreditation of Counseling and Related Educational Programs
 1282  that consists of at least 60 semester hours or 80 quarter hours
 1283  of clinical and didactic instruction, including a course in
 1284  human sexuality and a course in substance abuse. If the master’s
 1285  degree is earned from a program related to the practice of
 1286  mental health counseling that is not accredited by the Council
 1287  for the Accreditation of Counseling and Related Educational
 1288  Programs, then the coursework and practicum, internship, or
 1289  fieldwork must consist of at least 60 semester hours or 80
 1290  quarter hours and meet all of the following requirements:
 1291         a. Thirty-three semester hours or 44 quarter hours of
 1292  graduate coursework, which must include a minimum of 3 semester
 1293  hours or 4 quarter hours of graduate-level coursework in each of
 1294  the following 11 content areas: counseling theories and
 1295  practice; human growth and development; diagnosis and treatment
 1296  of psychopathology; human sexuality; group theories and
 1297  practice; individual evaluation and assessment; career and
 1298  lifestyle assessment; research and program evaluation; social
 1299  and cultural foundations; substance abuse; and legal, ethical,
 1300  and professional standards issues in the practice of mental
 1301  health counseling in community settings; and substance abuse.
 1302  Courses in research, thesis or dissertation work, practicums,
 1303  internships, or fieldwork may not be applied toward this
 1304  requirement.
 1305         b. A minimum of 3 semester hours or 4 quarter hours of
 1306  graduate-level coursework addressing diagnostic processes,
 1307  including differential diagnosis and the use of the current
 1308  diagnostic tools, such as the current edition of the American
 1309  Psychiatric Association’s Diagnostic and Statistical Manual of
 1310  Mental Disorders. The graduate program must have emphasized the
 1311  common core curricular experience in legal, ethical, and
 1312  professional standards issues in the practice of mental health
 1313  counseling, which includes goals, objectives, and practices of
 1314  professional counseling organizations, codes of ethics, legal
 1315  considerations, standards of preparation, certifications and
 1316  licensing, and the role identity and professional obligations of
 1317  mental health counselors. Courses in research, thesis or
 1318  dissertation work, practicums, internships, or fieldwork may not
 1319  be applied toward this requirement.
 1320         c. The equivalent, as determined by the board, of at least
 1321  700 1,000 hours of university-sponsored supervised clinical
 1322  practicum, internship, or field experience that includes at
 1323  least 280 hours of direct client services, as required in the
 1324  accrediting standards of the Council for Accreditation of
 1325  Counseling and Related Educational Programs for mental health
 1326  counseling programs. This experience may not be used to satisfy
 1327  the post-master’s clinical experience requirement.
 1328         2. Has provided additional documentation if a the course
 1329  title that which appears on the applicant’s transcript does not
 1330  clearly identify the content of the coursework., The applicant
 1331  shall be required to provide additional documentation must
 1332  include, including, but is not limited to, a syllabus or catalog
 1333  description published for the course.
 1334  
 1335  Education and training in mental health counseling must have
 1336  been received in an institution of higher education that, which
 1337  at the time the applicant graduated, was: fully accredited by a
 1338  regional accrediting body recognized by the Council for Higher
 1339  Education Accreditation or its successor organization or
 1340  Commission on Recognition of Postsecondary Accreditation;
 1341  publicly recognized as a member in good standing with the
 1342  Association of Universities and Colleges of Canada,; or an
 1343  institution of higher education located outside the United
 1344  States and Canada, which, at the time the applicant was enrolled
 1345  and at the time the applicant graduated, maintained a standard
 1346  of training substantially equivalent to the standards of
 1347  training of those institutions in the United States which are
 1348  accredited by a regional accrediting body recognized by the
 1349  Council for Higher Education Accreditation or its successor
 1350  organization Commission on Recognition of Postsecondary
 1351  Accreditation. Such foreign education and training must have
 1352  been received in an institution or program of higher education
 1353  officially recognized by the government of the country in which
 1354  it is located as an institution or program to train students to
 1355  practice as mental health counselors. The applicant has the
 1356  burden of establishing that the requirements of this provision
 1357  have been met shall be upon the applicant, and the board shall
 1358  require documentation, such as, but not limited to, an
 1359  evaluation by a foreign equivalency determination service, as
 1360  evidence that the applicant’s graduate degree program and
 1361  education were equivalent to an accredited program in this
 1362  country. Beginning July 1, 2024, an applicant must have a
 1363  master’s degree from a program that is accredited by the Council
 1364  for Accreditation of Counseling and Related Educational Programs
 1365  which consists of at least 60 semester hours or 80 quarter hours
 1366  to apply for licensure under this paragraph.
 1367         (c) Has had at least 2 years of clinical experience in
 1368  mental health counseling, which must be at the post-master’s
 1369  level under the supervision of a licensed mental health
 1370  counselor or the equivalent who is a qualified supervisor as
 1371  determined by the board. An individual who intends to practice
 1372  in Florida to satisfy the clinical experience requirements must
 1373  register pursuant to s. 491.0045 before commencing practice. If
 1374  a graduate has a master’s degree with a major related to the
 1375  practice of mental health counseling which that did not include
 1376  all the coursework required under sub-subparagraphs (b)1.a. and
 1377  b. (b)1.a.-b., credit for the post-master’s level clinical
 1378  experience may shall not commence until the applicant has
 1379  completed a minimum of seven of the courses required under sub
 1380  subparagraphs (b)1.a. and b. (b)1.a.-b., as determined by the
 1381  board, one of which must be a course in psychopathology or
 1382  abnormal psychology. A doctoral internship may be applied toward
 1383  the clinical experience requirement. A licensed mental health
 1384  professional must be on the premises when clinical services are
 1385  provided by a registered intern in a private practice setting.
 1386         (d) Has passed a theory and practice examination provided
 1387  by the department for this purpose.
 1388         (e) Has demonstrated, in a manner designated by board rule
 1389  of the board, knowledge of the laws and rules governing the
 1390  practice of clinical social work, marriage and family therapy,
 1391  and mental health counseling.
 1392         Section 31. Paragraph (b) of subsection (1) of section
 1393  491.006, Florida Statutes, is amended to read:
 1394         491.006 Licensure or certification by endorsement.—
 1395         (1) The department shall license or grant a certificate to
 1396  a person in a profession regulated by this chapter who, upon
 1397  applying to the department and remitting the appropriate fee,
 1398  demonstrates to the board that he or she:
 1399         (b)1. Holds an active valid license to practice and has
 1400  actively practiced the licensed profession for which licensure
 1401  is applied in another state for 3 of the last 5 years
 1402  immediately preceding licensure;.
 1403         2.Meets the education requirements of this chapter for the
 1404  profession for which licensure is applied.
 1405         2.3. Has passed a substantially equivalent licensing
 1406  examination in another state or has passed the licensure
 1407  examination in this state in the profession for which the
 1408  applicant seeks licensure; and.
 1409         3.4. Holds a license in good standing, is not under
 1410  investigation for an act that would constitute a violation of
 1411  this chapter, and has not been found to have committed any act
 1412  that would constitute a violation of this chapter.
 1413  
 1414  The fees paid by any applicant for certification as a master
 1415  social worker under this section are nonrefundable.
 1416         Section 32. Subsection (3) of section 491.007, Florida
 1417  Statutes, is amended to read:
 1418         491.007 Renewal of license, registration, or certificate.—
 1419         (3)The board or department shall prescribe by rule a
 1420  method for the biennial renewal of an intern registration at a
 1421  fee set by rule, not to exceed $100.
 1422         Section 33. Subsection (2) of section 491.009, Florida
 1423  Statutes, is amended to read:
 1424         491.009 Discipline.—
 1425         (2) The board department, or, in the case of certified
 1426  master social workers psychologists, the department board, may
 1427  enter an order denying licensure or imposing any of the
 1428  penalties authorized in s. 456.072(2) against any applicant for
 1429  licensure or licensee who is found guilty of violating any
 1430  provision of subsection (1) of this section or who is found
 1431  guilty of violating any provision of s. 456.072(1).
 1432         Section 34. Paragraph (c) of subsection (2) of section
 1433  491.0046, Florida Statutes, is amended to read:
 1434         491.0046 Provisional license; requirements.—
 1435         (2) The department shall issue a provisional clinical
 1436  social worker license, provisional marriage and family therapist
 1437  license, or provisional mental health counselor license to each
 1438  applicant who the board certifies has:
 1439         (c) Has Met the following minimum coursework requirements:
 1440         1. For clinical social work, a minimum of 15 semester hours
 1441  or 22 quarter hours of the coursework required by s.
 1442  491.005(1)(b)2.b.
 1443         2. For marriage and family therapy, 10 of the courses
 1444  required by s. 491.005(3)(b)1. s. 491.005(3)(b)1.a.-c., as
 1445  determined by the board, and at least 6 semester hours or 9
 1446  quarter hours of the course credits must have been completed in
 1447  the area of marriage and family systems, theories, or
 1448  techniques.
 1449         3. For mental health counseling, a minimum of seven of the
 1450  courses required under s. 491.005(4)(b)1.a.-c.
 1451         Section 35. Subsection (11) of section 945.42, Florida
 1452  Statutes, is amended to read:
 1453         945.42 Definitions; ss. 945.40-945.49.—As used in ss.
 1454  945.40-945.49, the following terms shall have the meanings
 1455  ascribed to them, unless the context shall clearly indicate
 1456  otherwise:
 1457         (11) “Psychological professional” means a behavioral
 1458  practitioner who has an approved doctoral degree in psychology
 1459  as defined in s. 490.003(3) s. 490.003(3)(b) and is employed by
 1460  the department or who is licensed as a psychologist pursuant to
 1461  chapter 490.
 1462         Section 36. This act shall take effect July 1, 2019.

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