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, companion bill(s) passed, see CS/CS/CS/HB 851 (Ch. 2019-152) [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 writingto 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 Weband 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 may263not hold himself or herself out as a board-certified specialist264in dermatology unless the recognizing agency, whether authorized265in statute or by rule, is triennially reviewed and reauthorized266by 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 residencya resident internshipof not less 323 than 12 months in a program accreditedhospital approvedfor 324 this purpose bythe Board of Trustees ofthe American 325 Osteopathic Association or the Accreditation Council for 326 Graduate Medical Educationany other internship program approved327by 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, 20252020. 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’sstate’scertified nursing assistant 446 registry; and has not been found to have committed abuse, 447 neglect, or exploitation in that jurisdictionstate. 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)IntentionallyViolating 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 mustshall483 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 stateand graded by486dentists licensed in this state and employed by the department487for 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 stateand graded by496dentists who are licensed in this stateis 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 examinationthe 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 stateand graded by dentists who are licensed in this508state. 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. 512b.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,then518 such scores areshallneverthelessbe recognized asvalid 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 of556application for licensure in this state,The applicant submits 557must submitproof 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 submitsmust submitproof 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 submitsmust submitdocumentation 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 provesmust provethat 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 hasmustsuccessfully passedpassa 613 written examination on the laws and rules of this state 614 regulating the practice of dentistry andmust successfully pass615 the computer-based diagnostic skills examination; and 616 i. The applicant submitsmust submitdocumentation 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 organizationNational Board of620Dental 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, 20252020, ss. 466.0067-466.00673 are 625 repealed unless reenacted by the Legislature. Any health access 626 dental license issued before January 1, 20252020, 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 the655examination by the successor entity administered in this state656shall be graded by dentists and dental hygienists licensed in657this 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 mustshallbe considered 660 the same as a passing score for the ADEX Dental Hygiene 661 Examination administered in this stateand graded by licensed662dentists 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 laboratorieslaboratory” defined.— 705 (1) The term “dental laboratory” as used in this chapter:706(1)includes any person, firm, or corporation thatwho707 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, orwho in any waysupplies or manufactures artificial 710 substitutes for the natural teeth;, or whofurnishes, supplies, 711 constructs, or reproduces or repairs any prosthetic denture, 712 bridge, or appliance to be worn in the human mouth; orwhoin 713 any way representsholdsitselfoutas a dental laboratory. 714(2)The term does not include aExcludes anydental 715 laboratory technician who constructs or repairs dental 716 prosthetic appliances in the office of a licensed dentist 717 exclusively for thatsuchdentistonly andunder 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 mustshallinclude, 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 allowedpermittedin 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 ofunderthis part, including 743 the education requirements establishedas set forthby 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 an747athletic trainer may not provide, offer to provide, or represent748that he or she is qualified to provide any care or services that749he or she lacks the education, training, or experience to750provide, or that he or she is otherwise prohibited by law from751providing.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 baccalaureateor767higherdegree 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 andIf 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 prohibitpreventor 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 rulein accordance withthe standards set822forth by the Commission on Accreditation of Athletic Training823Education 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 practiceshall be granted independently832inorthotics, 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 orthotistlicense. Registrations to 837 practiceshall be granted independentlyinorthotics or 838 prosthetics shall be granted independently, and a person may be 839 registered in both disciplinesfieldsat the same time or 840 jointly in orthotics and prosthetics as a dual registration. 841 (3) A person seeking to attain therequiredorthotics 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 disciplinespractice fields, for independent registrations the 846 board mayshallnot approve a second registration foruntilat 847 least 1 year after the issuance of the first registration. 848 Notwithstanding subsection (2), a personan applicantwho has 849 been approved by the board and registered by the department in 850 one disciplinepractice fieldmay apply for registration in the 851 second disciplinepractice fieldwithout 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 afterfromthe 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 861registrationrenewal fee mayshallnot 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, at869 (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.;or874 (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 postgraduate880degree in Orthotics and Prosthetics from a regionally accredited881college or university recognized by the Commission on882Accreditation of Allied Health Education Programs or, at a883minimum, a bachelor’s degree from a regionally accredited884college or university and a certificate in prosthetics from a885program recognized by the Commission on Accreditation of Allied886Health Education Programs, or its equivalent, as determined by887the 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 irrigationmassageunder 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 schoolor has completed an apprenticeship programthat 945 meets standards adopted by the board; and 946 (c) Has received a passing grade on a nationalan947 examination designatedadministeredby the boarddepartment. 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 areshall besubject tothe provisions ofs. 480.046(1). 952Applicants may take an examination administered by the953department only upon meeting the requirements of this section as954determined 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 mayshall have the power torevoke or suspend 968 the license of a massage establishment licensed under this act,969 ortodeny 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 currentUpon proof that alicense has been obtained 974 by fraud or misrepresentation. 975 (b)Upon proof thatThe holder of thealicense is guilty 976 of fraud or deceit or of gross negligence, incompetency, or 977 misconduct in the operation of the currently licensed 978 establishmentso 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 psychological996education” and “doctoral degree in psychology” mean a Psy.D., an997Ed.D. in psychology, or a Ph.D. in psychology from:9981.An educational institution which, at the time the999applicant was enrolled and graduated, had institutional1000accreditation from an agency recognized and approved by the1001United States Department of Education or was recognized as a1002member in good standing with the Association of Universities and1003Colleges of Canada; and10042.A psychology program within that educational institution1005which, at the time the applicant was enrolled and graduated, had1006programmatic accreditation from an accrediting agency recognized1007and approved by the United States Department of Education or was1008comparable 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:10121.a psychology program within an educational institution 1013 thatwhich, 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; and10192.Apsychology program within that educational institution1020which, at the time the applicant was enrolled and graduated,had1021 programmatic accreditation from the American Psychological 1022 Associationan agency recognized and approved by the United1023States 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, as1035defined 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 Americaand 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 hasthe requirements of this1044provision havebeen metshall be upon the applicant;10453.Received and submitted to the board, prior to July 1,10461999, certification of an augmented doctoral-level psychological1047education from the program director of a doctoral-level1048psychology program accredited by a programmatic agency1049recognized and approved by the United States Department of1050Education; or10514.Received and submitted to the board, prior to August 31,10522001, certification of a doctoral-level program that at the time1053the applicant was enrolled and graduated maintained a standard1054of education and training comparable to the standard of training1055of programs accredited by a programmatic agency recognized and1056approved by the United States Department of Education. Such1057certification of comparability shall be provided by the program1058director of a doctoral-level psychology program accredited by a1059programmatic agency recognized and approved by the United States1060Department 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 1075Commission on Recognition of Postsecondary Accreditationor from 1076 an institution thatwhichispublicly recognized asa 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 state1095to practice psychology or school psychology, as applicable,1096provided that, when the applicant secured such license or1097certificate, the requirements were substantially equivalent to1098or more stringent than those set forth in this chapter at that1099time; and, if no Florida law existed at that time, then the1100requirements in the other state must have been substantially1101equivalent to or more stringent than those set forth in this1102chapter 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 psychologyas1106described in s. 490.003and has at least 1020years 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, ifA subsequent1120intern registration may not be issued unlessthe 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 ofto the departmentforthe 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 1143has completed all of the following requirements:1144a.Thirty-six semester hours or 48 quarter hours of1145graduate coursework, which must include a minimum of 3 semester1146hours or 4 quarter hours of graduate-level course credits in1147each of the following nine areas: dynamics of marriage and1148family systems; marriage therapy and counseling theory and1149techniques; family therapy and counseling theory and techniques;1150individual human development theories throughout the life cycle;1151personality theory or general counseling theory and techniques;1152psychopathology; human sexuality theory and counseling1153techniques; psychosocial theory; and substance abuse theory and1154counseling techniques. Courses in research, evaluation,1155appraisal, assessment, or testing theories and procedures;1156thesis or dissertation work; or practicums, internships, or1157fieldwork may not be applied toward this requirement.1158b.A minimum of one graduate-level course of 3 semester1159hours or 4 quarter hours in legal, ethical, and professional1160standards issues in the practice of marriage and family therapy1161or a course determined by the board to be equivalent.1162c.A minimum of one graduate-level course of 3 semester1163hours or 4 quarter hours in diagnosis, appraisal, assessment,1164and testing for individual or interpersonal disorder or1165dysfunction; and a minimum of one 3-semester-hour or 4-quarter1166hour graduate-level course in behavioral research which focuses1167on the interpretation and application of research data as it1168applies to clinical practice. Credit for thesis or dissertation1169work, practicums, internships, or fieldwork may not be applied1170toward this requirement.1171d.A minimum of one supervised clinical practicum,1172internship, or field experience in a marriage and family1173counseling setting, during which the student provided 180 direct1174client contact hours of marriage and family therapy services1175under the supervision of an individual who met the requirements1176for supervision under paragraph (c). This requirement may be met1177by a supervised practice experience which took place outside the1178academic arena, but which is certified as equivalent to a1179graduate-level practicum or internship program which required a1180minimum of 180 direct client contact hours of marriage and1181family therapy services currently offered within an academic1182program of a college or university accredited by an accrediting1183agency approved by the United States Department of Education, or1184an institution which is publicly recognized as a member in good1185standing with the Association of Universities and Colleges of1186Canada or a training institution accredited by the Commission on1187Accreditation for Marriage and Family Therapy Education1188recognized by the United States Department of Education.1189Certification shall be required from an official of such1190college, university, or training institution. 1191 2. If the course title thatwhichappears on the 1192 applicant’s transcript does not clearly identify the content of 1193 the coursework, the applicant shallbe required toprovide 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 metshall be upon the1217applicant, and the board shall require documentation, such as,1218but 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 thatwhichdid 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 whichthatdid not 1238 include all of the coursework required by subparagraph (b)1. 1239undersub-subparagraphs (b)1.a.-c., credit for the post-master’s 1240 level clinical experience mayshallnot commence until the 1241 applicant has completed a minimum of 10 of the courses required 1242 by subparagraph (b)1.undersub-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 23years of required experience, the 1247 applicant shall provide direct individual, group, or family 1248 therapy and counseling,toinclude the following categories of1249 cases including those involving:unmarried dyads, married 1250 couples, separating and divorcing couples, and family groups 1251 that includeincludingchildren. 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 departmentfor this purpose. 1258 (e) Has demonstrated, in a manner designated by board rule 1259of 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 mayshall1267 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 ofto the1271department forpurchase of the examination from the National 1272 Board for Certified Counselors or its successorProfessional1273Examination Service for the National Academy of Certified1274Clinical Mental Health Counselors or a similar national1275 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 counselingin 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 experiencein legal, ethical, and1312professional standards issues in the practice of mental health1313counseling, which includes goals, objectives, and practices of1314professional counseling organizations, codes of ethics, legal1315considerations, standards of preparation, certifications and1316licensing, and the role identity and professional obligations of1317mental health counselors. Courses in research, thesis or1318dissertation work, practicums, internships, or fieldwork may not1319be applied toward this requirement. 1320 c. The equivalent, as determined by the board, of at least 1321 7001,000hours 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 athecourse 1329 title thatwhichappears on the applicant’s transcript does not 1330 clearly identify the content of the coursework.,Theapplicant1331shall be required to provide additionaldocumentation 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,which1337 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 1340Commission 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 organizationCommission on Recognition of Postsecondary1351Accreditation. 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 metshall 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 whichthatdid 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 mayshallnot 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 1389of 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 professionfor which licensure1401is appliedin another state for 3 of the last 5 years 1402 immediately preceding licensure;.14032.Meets the education requirements of this chapter for the1404profession 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 a1420method for the biennial renewal of an intern registration at a1421fee 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 boarddepartment,or, in the case of certified 1426 master social workerspsychologists, the departmentboard,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)HasMet 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.