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Professions & Public Health Subcommittee Meeting Packet, February 2, 2022

Summary

The meeting packet for the Professions & Public Health Subcommittee of the House of Representatives on Wednesday, February 2, 2022, 11:30 AM to 2:00 PM in Webster Hall (212 Knott), with Chris Sprowls as Speaker and Will Robinson as Chair. Bills listed include HB 593 Telecommunicator Cardiopulmonary Resuscitation, HB 1073 Newborn Screenings, HB 1101 Anesthesiologist Assistants, HB 1209 Administration of Vaccines and HB 1521 Professional Counselors Licensure Compact, with a proposed committee substitute for HB 937, Nonemergent Patient Care. The packet reproduces the bills and staff analyses.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“2022 02 02 3093 Professions Public Health Subcommittee Meeting Packets Fn Pph 2 2 22.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-02-3093-professions-public-health-subcommittee-meeting-packets-da1ac1b53d/, SHA-256 c99ff71a55e8afd28d494bad3f43c3913cd6473bb2eae6e4faeb248712dcb1c1.

Full text

Note: this text does not show the bill's strike-through (deleted) and underline (added) coding; see the original PDF for which words are struck.

           Professions and Public Health
                  Subcommittee
                Wednesday, February 2, 2022
                   11:30 AM – 2:00 PM
                  Webster Hall (212 Knott)


                      Meeting Packet




Chris Sprowls                                 Will Robinson
Speaker                                               Chair
                                         Committee Meeting Notice
                                              HOUSE OF REPRESENTATIVES




                                    Professions & Public Health Subcommittee

Start Date and Time:               Wednesday, February 02, 2022 11:30 am

End Date and Time:                 Wednesday, February 02, 2022 02:00 pm

Location:                          Webster Hall (212 Knott)
Duration:                          2.50 hrs


Consideration of the following bill(s):

HB 593 Telecommunicator Cardiopulmonary Resuscitation by Trabulsy, McClure
HB 1073 Newborn Screenings by Aloupis
HB 1101 Anesthesiologist Assistants by Altman
HB 1209 Administration of Vaccines by Tuck
HB 1521 Professional Counselors Licensure Compact by Koster
HB 1523 Pub. Rec. and Meetings/Professional Counselors Licensure Compact by Koster


Consideration of the following proposed committee substitute(s):

PCS for HB 937 -- Nonemergent Patient Care



For information about attending or testifying at a committee meeting, please see the “Visiting the House”
tab at www.myfloridahouse.gov.




                              NOTICE FINALIZED on 01/31/2022 4:04PM by Osborne.Erin


01/31/2022     04:04:23PM                                   Leagis ®                                        Page 1 of 1
HB 593
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 593 Telecommunicator Cardiopulmonary Resuscitation
SPONSOR(S): Trabulsy
TIED BILLS:       IDEN./SIM. BILLS: SB 890

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Guzzo                 McElroy

  2) Health & Human Services Committee

                                              SUMMARY ANALYSIS
A heart attack occurs when the flow of oxygen-rich blood to a section of heart muscle suddenly becomes
blocked. If blood flow is not restored quickly, the section of heart muscle begins to die. Heart attack treatment
is most effective if provided when symptoms first occur. Emergency assistance to a person having a heart
attack is usually provided by emergency medical technicians (EMTs), paramedics, or a bystander who
attempts to administer cardiopulmonary resuscitation (CPR).

The Department of Health (DOH) is responsible for certifying 911 public safety telecommunicators (911 PSTs).
To become certified as a 911 PST an applicant is required to receive 232 hours of training, which must include
successful completion of a CPR certification class. A 911 PST must renew their certification every two years
and must receive 20 hours of continuing education prior to renewal. Current law does not require the 20-hours
of continuing education to include CPR training. Current law also does not require 911 PSTs to complete
biennial telecommunicator CPR training.

The bill requires a 911 PST to complete biennial telecommunicator CPR training in order to have their
certification renewed.

The bill also authorizes certain public safety agencies to enter into a reciprocal agreement with another public
safety agency to provide telephonic assistance in administering CPR, including a fire department, law
enforcement department, or other emergency medical service that receives or dispatches calls for emergency
medical conditions.

The bill has no fiscal impact on state or local government.

The bill provides an effective date of July 1, 2022.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0593.PPH
DATE: 2/1/2022
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Heart Attacks

          A heart attack occurs when the flow of oxygen-rich blood to a section of heart muscle suddenly
          becomes blocked. 1 If blood flow is not restored quickly, the section of heart muscle begins to die. Heart
          attacks most often occur as a result of ischemic heart disease – also known as coronary heart disease
          or coronary artery disease, which is caused by plaque build-up inside the coronary arteries. Eventually,
          an area of plaque can rupture inside of an artery causing a blood clot to form on the plaque’s surface. If
          the blood clot becomes large enough, it can mostly or completely block blood flow through a coronary
          artery. If the blockage isn’t treated quickly, the portion of heart muscle fed by the artery begins to die.
          Heart attack treatment is most effective if provided when symptoms first occur. 2

                  911 Public Safety Telecommunicators

          Out-of-hospital cardiac arrest describes the sudden, unexpected loss of heart function, breathing, and
          consciousness. 3 Every year an estimated 350,000 people have cardiac arrest in the United States in
          an out-of-hospital environment and only one out of 10 victims survive. 4 911 public safety
          telecommunicators 5 (911 PSTs) along with the 911-caller are often the first responders and it is the 911
          PST’s job to transform the caller into a lay rescuer by instructing them how to perform cardiopulmonary
          resuscitation (CPR). 6 This is known as telephone CPR. 7 Studies have shown the efficacy of telephone
          CPR in increasing the survival rate of sudden cardiac arrest. 8

          The Department of Health (DOH) is responsible for certifying 911 PSTs. 9 Certification as a 911 PST is
          required for any person employed as a 911 PST at a public safety answering point—the public safety
          agency that receives incoming 911 requests for assistance and dispatches appropriate public safety
          agencies to respond to the requests. 10 A public safety agency 11 may employ a 911 PST for up to 12
          months if the trainee works under the direct supervision of a certified 911 public safety
          telecommunicator and is enrolled in a 911 PST training program. 12

          DOH is responsible for approving 911 PST training programs, which must be equivalent to the public
          safety telecommunication program curriculum framework developed by the Department of Education




1 U.S. Department of Health & Human Services, National Heart, Lung, and Blood Institute, Heart Attack, available at

https://www.nhlbi.nih.gov/health-topics/heart-attack (last visited Jan 26. 20, 2022).
2 Id.
3 Michael Christopher, Telecommunicator Cardiopulmonary Resuscitation – A Policy Statement from the American Heart Association,

AHA Journals, Mar. 24, 2020, available at https://www.ahajournals.org/doi/10.1161/CIR.0000000000000744 (last visited Jan. 26, 2022).
4 Id.
5 A 911 PST is a public safety dispatcher or 911 operator whose duties and responsibilities include the answering, receiving,

transferring, and dispatching functions related to 911 calls; dispatching law enforcement officers, fire rescue services, emergency
medical services, and other public safety services to the scene of an emergency; providing real-time information from federal, state, and
local crime databases; or supervising or serving as the command officer to a person or persons having such duties and responsibilities.
6 Rea TD, Eisenberg MS, Culley LL, Becker L. Dispatcher-assisted cardiopulmonary resuscitation and survival in cardiac arrest.

Circulation. 2001 Nov 20;104(21):2513-6. doi: 10.1161/hc4601.099468. PMID: 11714643.
7 Id.
8 Id., see also Eisenberg MS, Hallstrom AP, Carter WB, Cummins RO, Bergner L, Pierce J. Emergency CPR instruction via telephone.

Am J Public Health. 1985 Jan;75(1):47-50. doi: 10.2105/ajph.75.1.47. PMID: 3966598; PMCID: PMC1646147.
9 Section 401.465(2), F.S.
10 Section 401.465(2)(a), F.S.
11 Public safety agency means a functional division of a public agency which provides firefighting, law enforcement, medical, or other

emergency services.
12 Section 401.465(2)(b), F.S.

STORAGE NAME: h0593.PPH                                                                                                         PAGE: 2
DATE: 2/1/2022
         (DOE) and consist of at least 232 hours. 13 The curriculum framework developed by DOE requires
         students to successfully complete a CPR certification class. 14

         A 911 PST must renew their certification every two years and must receive 20 hours of continuing
         education prior to renewal, which does not currently include CPR training. 15 Current law also does not
         require 911 PSTs to complete biennial telecommunicator CPR training.

         Effect of the Bill

         The bill requires a 911 PST to complete biennial telecommunicator CPR training in order to have their
         certification renewed.

         The bill also authorizes certain public safety agencies to enter into a reciprocal agreement with another
         public safety agency to provide telephonic assistance in administering CPR, including a fire
         department, law enforcement department, or other emergency medical service that receives or
         dispatches calls for emergency medical conditions.

         The bill provides an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
         Section 1: Amends s. 401.465, F.S., relating to 911 public safety telecommunicator certification.
         Section 2: Provides an effective date of July 1, 2022.

                                 II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

    D. FISCAL COMMENTS:
         None.


                                                         III. COMMENTS


13 Section 401.465(1)(c), F.S.
14 Florida Department of Education Curriculum Framework, p. 13 (Jun. 8, 2010), incorporated by reference in rule 64J-3.002, F.A.C.,

available at https://www.flrules.org/Gateway/reference.asp?No=Ref-01490 (last visited Jan. 26, 2022).
15 Rule 64J-3.003, F.A.C.

STORAGE NAME: h0593.PPH                                                                                                       PAGE: 3
DATE: 2/1/2022
   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       DOH has sufficient rule-making authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0593.PPH                                                                         PAGE: 4
DATE: 2/1/2022
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           HB 593                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to telecommunicator cardiopulmonary
    3               resuscitation; amending s. 401.465, F.S.; providing
    4               definitions; requiring certain 911 public safety
    5               telecommunicators to complete biennial
    6               telecommunicator cardiopulmonary resuscitation
    7               training; authorizing certain agencies to enter into
    8               reciprocal agreements with certain entities to provide
    9               telephonic assistance in administering cardiopulmonary
10                  resuscitation under certain circumstances; requiring
11                  certain employees of such agencies to directly provide
12                  telephonic assistance in administering cardiopulmonary
13                  resuscitation, when appropriate, or transfer telephone
14                  calls for emergency medical conditions to certain
15                  entities; providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                  Section 1.        Paragraph (c) of subsection (1) of section
20         401.465, Florida Statutes, is redesignated as paragraph (d),
21         subsections (3) and (4) are renumbered as subsections (4) and
22         (5), respectively, paragraphs (b), (d), (i), and (j) of
23         subsection (2) of that section are amended, new paragraphs (c)
24         and (e) are added to subsection (1) of that section, and a new
25         subsection (3) is added to that section, to read:

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        HB 593                                                                                                2022




26               401.465        911 public safety telecommunicator certification. —
27               (1)         DEFINITIONS.—As used in this section, the term:
28               (c)         "Public safety agency" has the same meaning as in s.
29      365.171(3)(d).
30               (e)         "Telecommunicator cardiopulmonary resuscitation
31      training" means specific training, including continuous
32      education, that is evidence based and contains nationally
33      accepted guidelines for high-quality telecommunicator
34      cardiopulmonary resuscitation with the recognition of out-of-
35      hospital cardiac arrest over the telephone and the delivery of
36      telephonic instructions for treating cardiac arrest and
37      performing compression-only cardiopulmonary resuscitation.
38               (2)         PERSONNEL; STANDARDS AND CERTIFICATION.—
39               (b)         A public safety agency, as defined in s.
40      365.171(3)(d), may employ a 911 public safety telecommunicator
41      trainee for a period not to exceed 12 months if the trainee
42      works under the direct supervision of a certified 911 public
43      safety telecommunicator, as determined by rule of the
44      department, and is enrolled in a public safety telecommunication
45      training program.
46               (d)         The department shall determine whether the applicant
47      meets the requirements specified in this section and in rules of
48      the department and shall issue a certificate to any person who
49      meets such requirements. Such requirements must include all of
50      the following:

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        HB 593                                                                                                2022




51               1.      Completion of an appropriate 911 public safety
52      telecommunication training program.;
53               2.      Certification under oath that the applicant is not
54      addicted to alcohol or any controlled substance.;
55               3.      Certification under oath that the applicant is free
56      from any physical or mental defect or disease that might impair
57      the applicant's ability to perform his or her duties.;
58               4.      Submission of the application fee prescribed in
59      subsection (4). (3);
60               5.      Submission of a completed application to the department
61      which indicates compliance with subparagraphs 1., 2., and 3. ;
62      and
63               6.      Effective October 1, 2012, passage of an examination
64      approved by the department which measures the applicant's
65      competency and proficiency in the subject material of the public
66      safety telecommunication training program.
67               (i)         If a person was employed as a 911 public safety
68      telecommunicator or a state-certified firefighter before April
69      1, 2012, he or she must pass the examination approved by the
70      department which measures the competency and proficiency in the
71      subject material of the public safety telecommunication program ,
72      as defined in paragraph (1)(c). Upon passage of the examination,
73      the completion of the public safety telecommunication training
74      program is waived.
75               (j)1.        The requirement for certification as a 911 public

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         HB 593                                                                                                2022




 76      safety telecommunicator is waived for a person employed as a
 77      sworn state-certified law enforcement officer, if provided the
 78      officer:
 79               a.      Is selected by his or her chief executive to perform as
 80      a 911 public safety telecommunicator;
 81               b.      Performs as a 911 public safety telecommunicator on an
 82      occasional or limited basis; and
 83               c.      Passes the department-approved examination that
 84      measures the competency and proficiency of an applicant in the
 85      subject material comprising the public safety telecommunication
 86      program.
 87               2.      A sworn state-certified law enforcement officer who
 88      fails an examination taken under subparagraph 1. must take a
 89      department-approved public safety telecommunication training
 90      program before prior to retaking the examination.
 91               3.      The testing required under this paragraph is exempt
 92      from the examination fee required under subsection (4) (3).
 93               (3)         TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION.—
 94               (a)         In addition to the certification and recertification
 95      requirements in this section, 911 public safety
 96      telecommunicators who answer telephone calls and provide
 97      dispatch functions for emergency medical conditions must
 98      complete telecommunicator cardiopulmonary resuscitation training
 99      every 2 years.
100               (b)1.        A public safety agency or any agency that receives

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         HB 593                                                                                                2022




101      or dispatches telephone calls for emergency medical conditions
102      may enter into a reciprocal agreement with another public safety
103      agency or agency that receives or dispatches such telephone
104      calls, a dedicated phone line, or a call center to provide
105      telephonic assistance in administering cardiopulmonary
106      resuscitation, if the applicable agency, dedicated phone line,
107      or call center that will be accepting the telephone calls
108      employs 911 public safety telecommunicators who have completed
109      telecommunicator cardiopulmonary resuscitation training pursuant
110      to paragraph (a).
111               2.      Any employee of a public safety agency or agency
112      receiving or dispatching telephone calls for emergency m edical
113      conditions who answers such telephone calls must directly
114      provide telephonic assistance in administering cardiopulmonary
115      resuscitation, when appropriate, or transfer such calls to the
116      applicable agency, dedicated phone line, or call center with
117      which the transferring agency has a reciprocal agreement as
118      provided in subparagraph 1.
119               Section 2.        This act shall take effect July 1, 2022.




                                                       Page 5 of 5

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PCS for HB 937
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 937 Nonemergent Patient Care
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Professions & Public Health                                                  Morris                McElroy
    Subcommittee

                                             SUMMARY ANALYSIS
In November 2020, as a response to the COVID-19 pandemic, the federal Centers for Medicare and Medicaid
Services began issuing waivers to eligible hospitals authorizing the practice of acute hospital care at home.
The Acute Hospital Care at Home program (Program) allows eligible hospitals to treat eligible patients in their
homes for more than 60 acute conditions, such as asthma, congestive heart failure, pneumonia, and chronic
obstructive pulmonary disease. The Program treats patients who require acute inpatient admission to a
hospital and at least daily checks by a physician and a medical team monitoring the patient’s care needs on an
ongoing basis. Patient participation in the Program is voluntary.

Participating hospitals must have screening protocols which assess both medical and non-medical factors,
including working utilities, assessment of physical barriers, and screenings for domestic violence concerns.
Eligible patients are admitted only from emergency departments and inpatient hospital beds. An in-person
evaluation is required prior to starting care at home. Registered nurses must evaluate each patient once per
day, either in person or remotely, and two in-person visits must occur daily by either a registered nurse or a
paramedic.

Paramedics are regulated by the Department of Health (DOH) and are certified to provide basic life support
(BLS) and advanced life support services (ALS). Paramedics are not authorized under current law to provide
non-emergent BLS and ALS in a home care setting.

PCS for HB 937 authorizes paramedics to provide BLS and ALS services to acute hospital care at home
patients as specified by a physician. A physician who supervises or provides medical direction to a paramedic
for acute hospital care at home is liable for any act or omission of the paramedic when performing ALS or BLS
services in such setting.

An institutional pharmacy is a pharmacy located within a hospital, clinic, nursing home, dispensary, sanitarium,
extended care facility, or other facility locations where medicinal drugs are compounded, dispensed, stored, or
sold. Class III institutional pharmacies are institutional pharmacies affiliated with a hospital which employ a
registered pharmacist who consults with and dispenses medicinal drugs to patients on the premises of the
hospital, for use on hospital premises. Class III institutional pharmacies also dispense, distribute, compound,
and fill prescriptions for medicinal drugs for inpatient treatment only. It is unclear whether such a pharmacy is
authorized to dispense to a patient receiving care under an acute care at home program.

The bill authorizes Class III institutional pharmacies to dispense, distribute, compound, and fill prescriptions for
medicinal drugs for inpatient treatment and for acute hospital care at home program patients.

The bill has a significant, negative fiscal impact on DOH and no fiscal impact on local governments.

The bill provides an effective date of July 1, 2022.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0937.PPH
DATE: 2/1/2022
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Emergency Medical Services

          The Department of Health (DOH) regulates paramedics under part III of ch. 401, F.S. A paramedic is a
          person who is certified by DOH to perform basic life support (BLS) and advanced life support (ALS)
          services. 1

          BLS service refers to any emergency medical service that uses only basic life support techniques. 2
          BLS includes basic non-invasive interventions to reduce morbidity and mortality associated with out-of-
          hospital medical and traumatic emergencies. 3 The services provided may include stabilization and
          maintenance of airway and breathing, pharmacological interventions, trauma care, and transportation
          to an appropriate medical facility. 4

          ALS service refers to any emergency medical or non-transport service that uses advanced life support
          techniques. 5 ALS includes the assessment or treatment of a person by a qualified individual, such as a
          paramedic, who is trained in the use of techniques such as the administration of drugs or intravenous
          fluid, endotracheal intubation, telemetry, cardiac monitoring, and cardiac defibrillation. 6

          Paramedics are not authorized under current law to provide non-emergent BLS and ALS in a home
          care setting.

          Acute Hospital Care at Home

          Hospitals are licensed and regulated pursuant to ch. 395, F.S., by the Agency for Health Care
          Administration (AHCA) in this state.

          In November, 2020, as a response to the COVID-19 pandemic, the federal Centers for Medicare and
          Medicaid Services (CMS) began issuing waivers to eligible hospitals authorizing the practice of acute
          hospital care at home. 7 The Acute Hospital Care at Home program (Program) allows eligible hospitals
          to treat eligible patients in their homes. A patient’s home is his or her permanent residence, which
          includes assisted living, but does not include nursing homes. 8

          Treatment for more than 60 acute conditions, such as asthma, congestive heart failure, pneumonia,
          and chronic obstructive pulmonary disease, may be provided through the Program. 9 The Program
          treats patients who require acute inpatient admission to a hospital and at least daily rounding by a
          physician and a medical team monitoring the patient’s care needs on an ongoing basis. 10 Patient
          participation in the program is voluntary. 11


1 S. 401.23(17), F.S.
2 S. 401.23(8), F.S.
3 S. 401.23(7), F.S., and U.S. Department of Transportation, National Highway Safety Administration, National EMS Scope of Practice

Model 23-24, available at www.nhtsa.gov/people/injury/ems/pub/emtbnsc.pdf (last visited Jan. 29, 2022).
4 Id.
5 S. 401.23(2), F.S.
6 S. 401.23(1), F.S.
7 Centers for Medicare and Medicaid Services, Press Release – CMS Announces Comprehensive Strategy to Enhance Hospital

Capacity Amid COVID-19 Surge, https://www.cms.gov/newsroom/press-releases/cms-announces-comprehensive-strategy-enhance-
hospital-capacity-amid-covid-19-surge (last visited Jan. 29, 2022).
8 Centers for Medicare and Medicaid Services, Acute Hospital Care at Home Frequently Asked Questions,

https://qualitynet.cms.gov/acute-hospital-care-at-home/resources#tab2 (last visited Jan. 29, 2022).
9 Supra, note 7.
10 Id.
11 Supra, note 8.

STORAGE NAME: pcs0937.PPH                                                                                                   PAGE: 2
DATE: 2/1/2022
         Participating hospitals are required to have screening protocols which assess both medical and non-
         medical factors, including working utilities, assessment of physical barriers, and screenings for
         domestic violence concerns. Eligible patients are admitted only from emergency departments and
         inpatient hospital beds. An in-person evaluation is required prior to starting care at home. Registered
         nurses must evaluate each patient once per day, either in person or remotely, and two in-person visits
         must occur daily by either a registered nurse or a paramedic. 12 Programs must obtain a waiver from
         AHCA rule requiring only registered nurses to conduct evaluations in order for paramedics to conduct
         such in-person visits. 13

         As of January, 2022, 90 hospital systems and 197 hospitals across 37 states are approved to
         participate in the Program. 14 Participants in Florida include Mayo Clinic, Cleveland Clinic, Health First
         hospitals, 15 Keralty Hospital, 16 and Tampa General Hospital. 17

         Pharmacy Regulation

         A person must obtain a DOH-issued permit to operate one of five types of pharmacies:

             •     Community pharmacy – Where medicinal drugs are compounded, dispensed, stored, or sold
                   or where prescriptions are filled or dispensed on an outpatient basis. 18
             •     Institutional pharmacy – Hospital, clinic, nursing home, dispensary, sanitarium, extended care
                   facility, or other facility locations where medicinal drugs are compounded, dispensed, stored, or
                   sold. 19
             •     Nuclear pharmacy – Where radioactive drugs and chemicals within the classification of
                   medicinal drugs are compounded, dispensed, stored, or sold, other than hospitals. 20
             •     Special pharmacy - Locations where medicinal drugs are compounded, dispensed, stored, or
                   sold if these locations do not otherwise meet an applicable pharmacy definition in s. 465.003,
                   F.S. 21
             •     Internet pharmacy – Locations not otherwise licensed or issued a pharmacy permit within or
                   outside this state, which use the Internet to communicate with or obtain information from
                   consumers in this state to fill or refill prescriptions or to dispense, distribute, or otherwise
                   practice pharmacy in this state. 22

         All permitted pharmacies must pass an on-site inspection before DOH will issue an initial permit and
         any time a pharmacy changes its ownership or address. 23

                   Institutional Pharmacies

         An institutional pharmacy is a pharmacy within a healthcare institution, such as a hospital, nursing
         home, or clinic (as opposed to a community pharmacy, which dispenses drugs to the general public on
         an outpatient basis). 24 There are four types of institutional pharmacies: 25

             •     Class I Institutional permits are issued to institutional pharmacies in which all medicinal drugs
                   are administered from individual prescription containers to individual patients and in which


12 Supra, note 8
13 Programs must obtain an AHCA waiver for Rule 59A-3.243(4)(c) and (6), F.A.C., relating to nursing services.
14 Centers for Medicare and Medicaid Services, Approved Facilities/Systems for Acute Hospital Care at Home,

https://qualitynet.cms.gov/acute-hospital-care-at-home/resources#tab1 (last visited Jan. 29, 2022).
15 Palm Bay Hospital, Holmes Regional Medical Center, Viera Hospital, and Cape Canaveral Hospital.
16 Formerly Westchester Hospital.
17 Id.
18 Ss. 465.003(11)(a)1. and 465.018, F.S.
19 Ss. 465.003(11)(a)2. and 465.019, F.S.
20 Ss. 465.003(11)(a)3. and 465.0193, F.S.
21 Ss. 465.003(11)(a)4. and 465.0196, F.S.
22 Ss. 465.003(11)(a)5. and 465.0197, F.S.
23 Rule 64B16-28(1)(d), F.A.C.
24 S. 465.003(11), F.S.
25 S. 465.019, F.S.

STORAGE NAME: pcs0937.PPH                                                                                        PAGE: 3
DATE: 2/1/2022
                  medicinal drugs are not dispensed on the premises, except that licensed nursing homes 26 may
                  purchase medical oxygen for administration to residents.
              •   Class II Institutional permits are issued to institutional pharmacies that employ a registered
                  pharmacist who consults with and dispenses medicinal drugs to patients on the premises of the
                  institution, for use on the premises of the institution.
              •   Modified Class II Institutional permits are issued to institutional pharmacies in a short-term,
                  primary care treatment center that meet all the requirements for a Class II permit, except space
                  and equipment requirements.
              •   Class III Institutional permits are issued to institutional pharmacies, including central distribution
                  facilities, affiliated with a hospital that provide the same services that are authorized by a Class
                  II institutional pharmacy permit. Additionally, an Class III Institutional pharmacy may:
                       o Dispense, distribute, compound, and fill prescriptions for medicinal drugs;
                       o Prepare prepackaged drug products;
                       o Conduct other pharmaceutical services for the affiliated hospital and for entities under
                            common control that are appropriately permitted;
                       o Provide the above-listed services to an entity under common control which holds an
                            active health care clinic establishment permit. 27

         Class III Institutional pharmacies must also maintain policies and procedures which address: 28

              •   Safe practices for the preparation, dispensing, prepackaging, distribution, and transportation of
                  medicinal drugs and prepackaged drug products;
              •   Recordkeeping to monitor the movement, distribution, and transportation of medicinal drugs and
                  prepackaged drug products;
              •   Recordkeeping of pharmacy staff responsible for each step in the preparation, dispensing,
                  prepackaging, transportation, and distribution of medicinal drugs and prepackaged drug
                  products; and
              •   Medicinal drugs and prepackaged drug products that may not be safely distributed among Class
                  III institutional pharmacies.

         All institutional pharmacies must designate a consultant pharmacist of record. 29 The consultant
         pharmacist’s responsibilities include: 30

              •   Maintaining all drug records required by law;
              •   Ordering and evaluating laboratory or clinical testing when necessary for the proper
                  performance of the consultant pharmacist’s responsibilities; 31
              •   Conducting drug regimen reviews as required by state or federal law; and
              •   Inspecting the facility and preparing a written report to be filed at the permitted facility monthly.

                  Dispensing by Institutional Pharmacies

         An institutional pharmacy must hold a community pharmacy permit to dispense medicinal drugs to
         outpatients. 32 However, hospitals that operate Class II or Class III institutional pharmacies may
         dispense a limited supply of medicinal drugs to emergency department patients and inpatients upon
         discharge when the prescriber determines the medicinal drug is warranted and community pharmacy
         services are unavailable. An authorized prescriber may prescribe and a hospital pharmacy may

26 Nursing homes are licensed under part II, ch. 400, F.S.
27 A health care clinic establishment permit is required for the purchase of a prescription drug by a place of business at one general

physical location that provides health care or veterinary services, which is owned or operated by a business entity. See s. 499.01(2)(r),
F.S.
28 S. 465.019(1)(d), F.S.
29 S. 465.019(5), F.S., and r. 64B16-28.501, F.A.C.
30 S. 465.0125, F.S., and r. 64B16-28.501, F.A.C.
31 A consultant pharmacist may only order these tests for patients under the care of a licensed home health agency and when

authorized by a licensed allopathic physician, osteopathic physician, podiatric physician, or dentist. The consultant pharmacist must
complete additional training and meet additional qualifications in the practice of institutional pharmacy, as required by the board. See s.
465.0125.
32 S. 465.019(4), F.S.

STORAGE NAME: pcs0937.PPH                                                                                                          PAGE: 4
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         dispense the greater of a 48-hour supply of a medicinal drug or a supply sufficient to last until the end
         of the next business day. 33 An authorized prescriber may prescribe a medicinal drug beyond the initial
         prescription period if the prescriber determines the medicinal drug is warranted. 34 Additionally, a
         hospital pharmacy may dispense a supply of a medicinal drug that will last up to 72 hours if the patient
         is located in an area of the state in which a state of emergency is declared. 35 Such dispensing must be
         in accordance with the hospital’s procedures.

         It is unclear whether a Class III institutional pharmacy is authorized to dispense to a patient receiving
         care under an acute care at home program.

         Effect of the Bill

         Acute Hospital Care at Home

         HB 937 authorizes paramedics to provide BLS and ALS to acute hospital care at home patients as
         specified in a paramedic’s supervisory relationship with a physician or a physician’s standing orders. A
         physician who supervises or provides medical direction to a paramedic for acute hospital care at home
         is liable for any act or omission of the paramedic when performing ALS or BLS services in such setting.

         Acute hospital care at home is acute and post-acute health care services provided in a qualified
         patient’s permanent residence through a program approved by CMS and AHCA.

         Institutional Pharmacies

         The bill authorizes Class III institutional pharmacies to dispense, distribute, compound, and fill
         prescriptions for medicinal drugs for inpatient treatment and acute care at home patients.

         The bill makes technical and conforming changes.

         The bill provides an effective date of July 1, 2022.

     B. SECTION DIRECTORY:
         Section 1:     Amends s. 401.23, F.S., relating to definitions.
         Section 2:     Amends s. 401.272, F.S., relating to emergency medical services community health
                        care.
         Section 3:     Amends s. 465.003, F.S., relating to definitions.
         Section 4:     Amends s. 465.019, F.S., relating to institutional pharmacies.
         Section 5:     Amends s. 14.33, F.S., relating to Medal of Heroism.
         Section 6:     Amends s. 252.515, F.S., relating to Post Disaster Relief Assistance Act; immunity from
                        civil liability.
         Section 7:     Amends s. 395.1027, F.S., relating to regional poison control centers.
         Section 8:     Amends s. 401.245, F.S., relating to Emergency Medical Services Advisory Council.
         Section 9:     Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
            None.

         2. Expenditures:

33 Id.
34 Id.
35 Id.

STORAGE NAME: pcs0937.PPH                                                                                     PAGE: 5
DATE: 2/1/2022
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill and current law provide sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0937.PPH                                                                                   PAGE: 6
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           PCS for HB 937                                                                                       2022




    1                                         A bill to be entitled
    2              An act relating to acute hospital care at home;
    3              amending s. 401.23, F.S.; defining the term "acute
    4              hospital care at home"; amending s. 401.272, F.S.;
    5              authorizing paramedics to perform basic life support
    6              services and advanced life support services to acute
    7              hospital care at home patients under certain
    8              circumstances; providing that a physician or medical
    9              director who supervises or directs the provision of
10                 such services by a paramedic is liable for any act or
11                 omission during the provision of such services;
12                 authorizing the Department of Health to adopt rules;
13                 amending s. 465.003, F.S.; defining the term "acute
14                 hospital care at home"; amending s. 465.019, F.S.;
15                 specifying that Class III institutional pharmacies may
16                 dispense, distribute, compound, and fill prescriptions
17                 for medicinal drugs for inpatient treatment and acute
18                 care at home patients; amending ss. 14.33, 252.515,
19                 395.1027, and 401.245, F.S.; conforming cross-
20                 references; providing an effective date.
21
22         Be It Enacted by the Legislature of the State of Florida:
23
24                 Section 1.         Present subsections (1) through (22) of section
25         401.23, Florida Statutes, are redesignated as subsections (2)

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        PCS for HB 937                                                                                       2022




26      through (23), respectively, a new subsection (1) is added to
27      that section, and present subsection (19) of that section is
28      amended, to read:
29              401.23        Definitions.—As used in this part, the term:
30              (1)          "Acute hospital care at home" means acute and post-
31      acute health care services provided in a clinically qualified
32      patient’s permanent residence, as defined in s. 196.012, through
33      a program approved by the Centers for Medicare and Medicaid
34      Services and the Agency for Health Care Administration.
35              (20)(19)           "Physician" means a practitioner who is licensed
36      under the provisions of chapter 458 or chapter 459. For the
37      purpose of providing "medical direction" as defined in this
38      section subsection (14) for the treatment of patients
39      immediately before prior to or during transportation to a United
40      States Department of Veterans Affairs medical facility,
41      "physician" also means a practitioner employed by the United
42      States Department of Veterans Affairs.
43              Section 2.          Paragraph (c) is added to subsection (2) of
44      section 401.272, Florida Statutes, to read:
45              401.272        Emergency medical services community health care.—
46              (2)      Notwithstanding any other provision of law to the
47      contrary:
48              (c)      Paramedics may provide basic life support services and
49      advanced life support services to acute hospital care at home
50      patients as specified in the paramedic’s supervisory

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        PCS for HB 937                                                                                       2022




51      relationship with a physician or standing orders as described in
52      s. 401.265, s. 458.348, or s. 459.025. Each physician who
53      supervises or provides medical direction to a paramedic who
54      administers basic life support services or advanced life support
55      services to acute care at home patients pursuant to a formal
56      supervisory relationship or standing orders is liable for any
57      act or omission of the paramedic acting under the physician’s
58      supervision or medical direction when performing such services.
59      The department may adopt and enforce rules necessary to enforce
60      this paragraph.
61              Section 3.         Subsections (1) through (22) of section
62      465.003, Florida Statutes, are renumbered as subsections (2)
63      through (23), respectively, and subsection (1) is added to that
64      section, to read:
65              465.003       Definitions.—As used in this chapter, the term:
66              (1)      "Acute hospital care at home" means acute and post-
67      acute health care services provided in a clinically qualified
68      patient’s permanent residence, as defined in s. 196.012, through
69      a program approved by the Centers for Medicare and Medicaid
70      Services and the Agency for Health Care Administration.
71              Section 4.         Paragraph (d) of subsection (2) and paragraph
72      (a) of subsection (4) of section 465.019, Florida Statutes, are
73      amended to read:
74              465.019       Institutional pharmacies; permits.—
75              (2)      The following classes of institutional pharmacies are

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         PCS for HB 937                                                                                       2022




76       established:
77               (d)1.        "Class III institutional pharmacies" are those
78       institutional pharmacies, including central distribution
79       facilities, affiliated with a hospital which that provide the
80       same services that are authorized by a Class II institutional
81       pharmacy permit. Class III institutional pharmacies may also:
82               a.       Dispense, distribute, compound, and fill prescriptions
83       for medicinal drugs for inpatient treatment or for acute
84       hospital care at home program patients.
85               b.       Prepare prepackaged drug products.
86               c.       Conduct other pharmaceutical services for the
87       affiliated hospital and for entities under common control that
88       are each permitted under this chapter to possess medicinal
89       drugs.
90               d.       Provide the services in sub-subparagraphs a.-c. to an
91       entity under common control which holds an active health care
92       clinic establishment permit as required under s. 499.01(2)(r).
93               2.       A Class III institutional pharmacy shall maintain
94       policies and procedures addressing:
95               a.       The consultant pharmacist responsible for
96       pharmaceutical services.
97               b.       Safe practices for the preparation, dispensing,
98       prepackaging, distribution, and transportation of medicinal
99       drugs and prepackaged drug products.
100              c.       Recordkeeping to monitor the movement, distribution,

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         PCS for HB 937                                                                                       2022




101      and transportation of medicinal drugs and prepackaged drug
102      products.
103              d.       Recordkeeping of pharmacy staff responsible for each
104      step in the preparation, dispensing, prepackaging,
105      transportation, and distribution of medicinal drugs and
106      prepackaged drug products.
107              e.       Medicinal drugs and prepackaged drug products that may
108      not be safely distributed among Class III institutional
109      pharmacies.
110              (4)(a)       Medicinal drugs shall be dispensed by in an
111      institutional pharmacy to outpatients only when that institution
112      has secured a community pharmacy permit from the department.
113      However, medicinal drugs may be dispensed by a hospital that
114      operates a Class II or Class III institutional pharmacy to a
115      patient of the hospital's emergency department or a hospital
116      inpatient upon discharge if a prescriber, as defined in s.
117      465.025(1), treating the patient in such hospital determines
118      that the medicinal drug is warranted and that community pharmacy
119      services are not readily accessible, geographically or
120      otherwise, to the patient. Such prescribing and dispensing must
121      be for a supply of the drug that will last for the greater of
122      the following:
123              1.       Up to 48 hours; or
124              2.       Through the end of the next business day.
125              Section 5.         Subsection (1) of section 14.33, Florida

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         PCS for HB 937                                                                                       2022




126      Statutes, is amended to read:
127              14.33        Medal of Heroism.—
128              (1)       The Governor may award a Medal of Heroism of
129      appropriate design, with ribbons and appurtenances, to a law
130      enforcement, correctional, or correctional probation officer, as
131      defined in s. 943.10(14); a firefighter, as defined in s.
132      112.191(1)(b); an emergency medical technician, as defined in s.
133      401.23 s. 401.23(11); or a paramedic, as defined in s. 401.23 s.
134      401.23(17). A recipient must have distinguished himself or
135      herself conspicuously by gallantry and intrepidity, must have
136      risked his or her life deliberately above and beyond the call of
137      duty while performing duty in his or her respective position,
138      and must have engaged in hazardous or perilous activities to
139      preserve lives with the knowledge that such activities might
140      result in great personal harm.
141              Section 6.         Paragraph (a) of subsection (3) of section
142      252.515, Florida Statutes, is amended to read:
143              252.515       Postdisaster Relief Assistance Act; immunity from
144      civil liability.—
145              (3)       As used in this section, the term:
146              (a)       "Emergency first responder" means:
147              1.       A physician licensed under chapter 458.
148              2.       An osteopathic physician licensed under chapter 459.
149              3.       A chiropractic physician licensed under chapter 460.
150              4.       A podiatric physician licensed under chapter 461.

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         PCS for HB 937                                                                                       2022




151              5.       A dentist licensed under chapter 466.
152              6.       An advanced practice registered nurse licensed under s.
153      464.012.
154              7.       A physician assistant licensed under s. 458.347 or s.
155      459.022.
156              8.       A worker employed by a public or private hospital in
157      the state.
158              9.       A paramedic as defined in s. 401.23 s. 401.23(17).
159              10.       An emergency medical technician as defined in s.
160      401.23 s. 401.23(11).
161              11.       A firefighter as defined in s. 633.102.
162              12.       A law enforcement officer as defined in s. 943.10.
163              13.       A member of the Florida National Guard.
164              14.       Any other personnel designated as emergency personnel
165      by the Governor pursuant to a declared emergency.
166              Section 7.         Subsection (5) of section 395.1027, Florida
167      Statutes, is amended to read:
168              395.1027          Regional poison control centers.—
169              (5)       By October 1, 1999, each regional poison control
170      center shall develop a prehospital emergency dispatch protocol
171      with each licensee as defined in s. 401.23 by s. 401.23(13) in
172      the geographic area covered by the regional poison control
173      center. The prehospital emergency dispatch protocol shall be
174      developed by each licensee's medical director in conjunction
175      with the designated regional poison control center responsible

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         PCS for HB 937                                                                                       2022




176      for the geographic area in which the licensee operates. The
177      protocol shall define toxic substances and describe the
178      procedure by which the designated regional poison control center
179      may be consulted by the licensee. If a call is transferred to
180      the designated regional poison control center in accordance with
181      the protocol established under this section and s. 401.268, the
182      designated regional poison control center shall assume
183      responsibility and liability for the call.
184              Section 8.         Paragraph (b) of subsection (2) of section
185      401.245, Florida Statutes, is amended to read:
186              401.245       Emergency Medical Services Advisory Council.—
187              (2)
188              (b)      Representation on the Emergency Medical Services
189      Advisory Council shall include: two licensed physicians who are
190      "medical directors" as defined in s. 401.23 s. 401.23(15) or
191      whose medical practice is closely related to emergency medical
192      services; two emergency medical service administrators, one of
193      whom is employed by a fire service; two certified paramedics,
194      one of whom is employed by a fire service; two certified
195      emergency medical technicians, one of whom is employed by a fire
196      service; one emergency medical services educator; one emergency
197      nurse; one hospital administrator; one representative of air
198      ambulance services; one representative of a commercial ambulance
199      operator; and two laypersons who are in no way connected with
200      emergency medical services, one of whom is a representative of

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         PCS for HB 937                                                                                       2022




201      the elderly. Ex officio members of the advisory council from
202      state agencies shall include, but are shall not be limited to,
203      representatives from the Department of Education, the Department
204      of Management Services, the State Fire Marshal, the Department
205      of Highway Safety and Motor Vehicles, the Department of
206      Transportation, and the Division of Emergency Management.
207              Section 9.         This act shall take effect July 1, 2022.




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HB 1073
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1073 Newborn Screenings
SPONSOR(S): Aloupis
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Health Care Appropriations Subcommittee

  3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
Cytomegalovirus (CMV) is a common virus that infects people of all ages. Over half of adults are infected with CMV by
age 40. Most people infected with CMV show no signs or symptoms. Pregnant women infected with CMV may pass the
virus on to their baby. Approximately one of every 200 babies is born with congenital CMV. About one in five babies with
congenital CMV have long-term health problems, including hearing loss. Current law requires that a newborn hearing
screening must be conducted on all newborns in hospitals in this state on birth admission. Screening for congenital CMV
is not required under current law.

HB 1073 requires a hospital or other state-licensed birthing facility to administer a test approved by the U.S. Food and
Drug Administration (FDA) on a newborn to screen for congenital CMV should the newborn fail his or her screening for
hearing loss. The congenital CMV test must be administered before the newborn becomes 21 days of age or before
discharge, whichever occurs earlier.

The bill also requires primary care providers to ensure that newborns in their care are screened for hearing loss within 21
days after birth. If a newborn fails the hearing screening the bill requires primary care providers to administer a FDA-
approved test to screen for congenital CMV before the newborn becomes 21 days old.

Current law requires birth centers to refer newborns to a licensed audiologist, physician, or hospital for screening for
detection of hearing loss before the newborn is discharged. If the birth is a home birth, the health care provider in
attendance must provide a referral to a licensed audiologist, hospital, or other newborn hearing screening provider. The
bill adds physicians to the list of facilities and practitioners to whom a parent may be referred to obtain the required
newborn hearing screening after a home birth.

Currently, all newborns delivered in a hospital or other state-licensed birthing facility must have a hearing screen
performed prior to being discharged. However, if the screening is not completed before discharge due to scheduling or
temporary staffing limitations, the screening must be completed within 30 days after birth. The bill requires screenings in
these cases to be completed within 21 days after birth.

Current law requires that health care providers in attendance of a home birth to coordinate and refer newborns to a
licensed audiologist, a hospital, or another newborn hearing screening provider within 30 days after birth. The bill reduces
the amount of days such referral is required from 30 days after birth to 7 days after birth, and adds physicians to the list of
practitioners to whom a parent may be referred to for obtaining the required newborn hearing screening after a home
birth.

The bill requires the results of a newborn hearing screening and congenital CMV and any related diagnostic testing to be
reported to DOH within 7 days after receipt of such results.

The bill has a significant, negative fiscal impact on the Department of Health and no fiscal impact on local governments.

The bill provides an effective date of January 1, 2023.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1073.PPH
DATE: 2/1/2022
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Florida Newborn Screening Program

          The Legislature created the Florida Newborn Screening Program (NSP) within the Department of
          Health (DOH), to promote the screening of all newborns for metabolic, hereditary, and congenital
          disorders known to result in significant impairment of health or intellect. 1 The NSP also promotes the
          identification and screening of all newborns in this state and their families for environmental risk factors
          such as low income, poor education, maternal and family stress, emotional instability, substance
          abuse, and other high-risk conditions associated with increased risk of infant mortality and morbidity to
          provide early intervention, remediation, and prevention services. 2

          The NSP involves coordination among several entities, including the Bureau of Public Health
          Laboratories Newborn Screening Laboratory in Jacksonville (state laboratory), DOH Children’s Medical
          Services (CMS) Newborn Screening Follow-up Program in Tallahassee, and referral centers, birthing
          centers, and physicians throughout the state. 3 Health care providers in hospitals, birthing centers,
          perinatal centers, county health departments, and school health programs provide screening as part of
          the multilevel NSP screening process. 4 This includes a risk assessment for prenatal women, and risk
          factor analysis and screening for postnatal women and newborns as well as laboratory screening for
          selected disorders in newborns. 5 The NSP attempts to screen all newborns for hearing impairment and
          to identify, diagnose, and manage newborns at risk for selected disorders that, without detection and
          treatment, can lead to permanent developmental and physical damage or death. 6 While the NSP
          attempts to screen all prenatal women and newborns, parents and guardians may decline the
          screening. 7

          Health care providers perform non-laboratory NSP screening, such as hearing and risk factor analysis,
          and report the results to the Office of Vital Statistics. If necessary, health care providers refer patients
          to the appropriate health, education, and social services. 8 Health care providers in hospitals and
          birthing centers perform specimen collection for laboratory NSP screening by collecting a few drops of
          blood from the newborn’s heel on a standardized specimen collection card. 9 The specimen card is then
          sent to the state laboratory for testing. 10 The results of the laboratory test are released to the newborn’s
          health care provider. In the event that a newborn screen has an abnormal result, the baby’s health care
          provider, or a nurse or specialist from NSP’s Follow-up Program provides follow-up services and
          referrals for the child and his or her family. 11

          To administer the NSP, DOH is authorized to charge and collect a fee not to exceed $15 per live birth
          occurring in a hospital or birth center. 12 DOH must calculate the annual assessment for each hospital
          and birth center, and then quarterly generate and mail each hospital and birth center a statement of the

1 S. 383.14(1), F.S.
2 Id.
3 S. 383.14, F.S.
4 Supra, note 1.
5 Id.
6 Florida Department of Health, Florida Newborn Screening Guidelines, 2012, http://floridanewbornscreening.com/wp-

content/uploads/guidelines-final-05-24-2012small-1.pdf (last visited Jan. 29, 2022).
7 S. 383.14(4), F.S.; Rule 64C-7.008, F.A.C.; The health care provider must attempt to get a written statement of objection to be placed

in the medical record.
8 Id.
9 Florida Newborn Screening, What is Newborn Screening?, https://floridanewbornscreening.com/parents/what-is-newborn-screening/

(last visited Jan. 29, 2022). See also Specimen Collection Card, http://floridanewbornscreening.com/wp-content/uploads/Order-
Form.png (last visited Jan. 29, 2022).
10 Id.
11 Id.
12 S. 383.14(3)(g)1., F.S.

STORAGE NAME: h1073.PPH                                                                                                         PAGE: 2
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         amount due. 13 DOH bills hospitals and birth centers quarterly using vital statistics data to determine the
         amount to be billed. 14 DOH is authorized to bill third-party payers for the NSP tests and bills insurers
         directly for the cost of the screening. 15 DOH does not bill families that do not have insurance
         coverage. 16

         The Legislature established the Florida Genetics and Newborn Screening Advisory Council to advise
         DOH about which disorders to include in the NSP panel of screened disorders and the procedures for
         collecting and transmitting specimens. 17 Florida’s NSP currently screens for 57 conditions, 53 of which
         are disorders recommended by the RUSP, including 35 core conditions and 22 secondary conditions. 18
         Florida does not currently screen for congenital cytomegalovirus (CMV).

         Newborn and Infant Hearing Screening

         Section 383.145, F.S., requires that a newborn hearing screening must be conducted on all newborns
         in hospitals in this state on birth admission. When a newborn is delivered in a facility other than a
         hospital, the parents must be instructed on the importance of having the hearing screening performed
         and must be given information to assist them in having the screening performed within three months
         after the child's birth. 19

         Before a newborn is discharged from a hospital or other state-licensed birthing facility that provides
         maternity and newborn care services, and unless objected to by the parent or legal guardian, 20 the
         newborn must be screened for the detection of hearing loss to prevent the consequences of
         unidentified disorders. 21 However, if the screening is not completed before discharge due to scheduling
         or temporary staffing limitations, the screening must be completed within 30 days after the birth. 22
         Before a newborn is discharged from a licensed birth center, such facility must refer the newborn to a
         licensed audiologist, physician, or hospital for screening for detection of hearing loss and referral for
         appointment must be made within 30 days after discharge. 23 If the birth is a home birth, the health care
         provider in attendance must provide a referral to a licensed audiologist, hospital, or other newborn
         hearing screening provider and the referral for appointment must be made within 30 days after the
         birth. 24

         All screenings must be conducted by a licensed audiologist, a licensed physician, or appropriately
         supervised individual who has completed documented training specifically for newborn hearing
         screening. 25 When ordered by the treating physician, screening of a newborn's hearing must include
         auditory brainstem responses, or evoked otoacoustic emissions, or appropriate technology as approved
         by the United States Food and Drug Administration (FDA). 26

         A child who is diagnosed as having a permanent hearing impairment must be referred by the licensee
         or individual who conducted the screening to the primary care physician for medical management,
         treatment, and follow-up services. Furthermore, any child from birth to 36 months of age who is
         diagnosed as having a hearing impairment that requires ongoing special hearing services must be
         referred to the Children's Medical Services Early Intervention Program by the licensee or individual who
         conducted the screening serving the geographical area in which the child resides. 27 Any person who is

13 Id.
14 S. 383.14(3)(g), F.S.
15 S. 383.14(3)(h), F.S.
16 Supra, note 3.
17 S. 383.14(5), F.S.
18 Florida Newborn Screening, What is Screened, https://floridanewbornscreening.com/conditions/core-secondary-conditions/ (last

visited Jan. 22, 2022).
19 S. 383.145(3)(i), F.S.
20 S. 383.145(3)(c), F.S.
21 S. 383.145(3)(a), F.S.
22 S. 383.145(3)(g), F.S.
23 S. 383.145(3)(b), F.S.
24 S. 383.145(3)(d), F.S.
25 S. 383.145(3)(e), F.S.
26 S. 383.145(3)(h), F.S.
27 S. 383.145(3)(k), F.S.

STORAGE NAME: h1073.PPH                                                                                                     PAGE: 3
DATE: 2/1/2022
         not covered through insurance and cannot afford the costs for testing must be given a list of newborn
         hearing screening providers who provide the necessary testing free of charge. 28

         Cytomegalovirus

         Cytomegalovirus is a common virus for people of all ages; however, a healthy person’s immune system
         usually keeps the virus from causing illness. 29 In the United States, nearly one in three children are
         already infected with CMV by age five. Over half of adults have been infected with CMV by age 40.
         Once CMV is in a person’s body, it stays there for life and can reactivate. A person can also be re-
         infected with a different strain of the virus. Most people with CMV infection have no symptoms and
         aren’t aware that they have been infected. 30

         A pregnant woman can pass CMV to her unborn baby. The virus in the woman’s blood can cross
         through the placenta and infect the infant. This can happen when a pregnant woman is infected with
         CMV for the first time or is infected with CMV again during pregnancy. 31 Some infants with congenital
         CMV infection have health problems that are apparent at birth or that develop later during infancy or
         childhood. In the most severe cases, CMV can cause the death of an unborn child (pregnancy loss).

         Infants with congenital CMV infection may have signs at birth, which include: 32

              •    Rash;
              •    Jaundice (yellowing of the skin or whites of the eyes);
              •    Microcephaly (small head);
              •    Low birth weight;
              •    Hepatosplenomegaly (enlarged liver and spleen);
              •    Seizures; and
              •    Retinitis (damaged eye retina).

         Infants with signs of congenital CMV infection at birth may have long-term health problems, such as: 33

              •    Hearing loss;
              •    Developmental and motor delay;
              •    Vision loss;
              •    Microcephaly (small head); and
              •    Seizures.

         Some infants without signs of congenital CMV infection at birth may have hearing loss. Hearing loss
         may be present at birth or may develop later, even in infants who passed the newborn hearing test. 34

         CMV is the most common infectious cause of birth defects in the United States. About one out of 200
         children are born with congenital CMV. One out of five infants with congenital CMV will have symptoms
         or long-term health problems, such as hearing loss. Hearing loss may progress from mild to severe
         during the first two years of life, which is a critical period for language learning. Over time, hearing loss
         can affect a child’s ability to develop communication, language, and social skills. 35



28 S. 383.145(3)(l), F.S.
29 About Cytomegalovirus (CMV), Centers for Disease Control and Prevention, https://www.cdc.gov/cmv/overview.html (last visited Jan.

29, 2022).
30 Id.
31 Babies Born with Congenital Cytomegalovirus (CMV), Centers for Disease Control and Prevention,

https://www.cdc.gov/cmv/congenital-infection.html, (last visited Jan. 29, 2022).
32 Id.
33 Id.
34 Id.
35 CMV Fact Sheet for Healthcare Providers, Centers for Disease Control and Prevention, https://www.cdc.gov/cmv/fact-

sheets/healthcare-providers.html#:~:text=Cytomegalovirus%20(CMV)%20is%20the%20most,Hearing%20loss (last visited Jan. 29,
2022).
STORAGE NAME: h1073.PPH                                                                                                     PAGE: 4
DATE: 2/1/2022
        Infants may have hearing loss that may or may not be detected by newborn hearing test. Congenital
        CMV infection is diagnosed by detection of CMV DNA in the urine, saliva (preferred specimens), or
        blood, within three weeks after birth. Infection cannot be diagnosed using tests that detect antibodies to
        CMV. Congenital CMV infection cannot be diagnosed using samples collected more than three weeks
        after birth because testing after this time cannot distinguish between congenital infection and an
        infection acquired during or after delivery. 36

        Infants who show signs of congenital CMV disease can be treated with medicines called antivirals.
        Antivirals may decrease the severity of hearing loss. Infants who get treated with antivirals should be
        closely monitored by their doctor because of possible side effects. 37

        Florida’s Newborn Screening Program, hospitals, birthing centers and health care practitioners are not
        currently required to screen for congenital CMV.

        Effect of the Bill

        HB 1073 requires a hospital or other state-licensed birthing facility to administer a FDA approved test,
        or other diagnostically equivalent test, on a newborn to screen for congenital cytomegalovirus should
        the newborn fail his or her screening for hearing loss. The congenital cytomegalovirus test must be
        administered before the newborn becomes 21 days of age or before discharge, whichever occurs
        earlier. There will be costs associated with the administration of this test. The bill does not address
        whether such costs are to be borne by the parents of the newborn, insurers or the hospital or birthing
        center.

        The bill also requires licensed health care providers practicing in the primary care setting to ensure that
        newborns in their care are screened for hearing loss within 21 days after birth. If a newborn fails the
        hearing screening the bill requires licensed health care provider to administer a FDA approved test to
        screen for congenital cytomegalovirus before the newborn becomes 21 days of age. There will be costs
        associated with the administration of this test. The bill does not address whether such costs are to be
        borne by the parents of the newborn, insurers or the licensed health care provider. Additionally, health
        care providers who fail to ensure that a CMV test is timely conducted could be subject to regulatory
        discipline under their respective practice acts.

        Current law requires that all newborns delivered in a hospital or other state-licensed birthing facility
        must have a hearing screen performed prior to being discharged. However, if the screening is not
        completed before discharge due to scheduling or temporary staffing limitations, the screening must be
        completed within 30 days after birth. The bill requires screenings in these cases to be completed within
        21 days after birth.

        Current law requires that health care providers in attendance of a home birth are responsible for
        coordination and referral to a licensed audiologist, a hospital, or another newborn hearing screening
        provider within 30 days after birth. The bill requires that the referral for appointment be made within 7
        days after birth and adds physicians to the list of facilities and practitioners to whom a parent may be
        referred to for obtaining the required newborn hearing screening after a home birth.

        The bill requires that the results of a newborn hearing screening and congenital cytomegalovirus and
        any related diagnostic testing to be reported to DOH within 7 days after receipt of such results.

        The bill makes technical and conforming changes.

        The bill provides an effective date of January 1, 2023.



36 About Cytomegalovirus (CMV), Centers for Disease Control and Prevention, available at https://www.cdc.gov/cmv/overview.html (last

visited Jan. 29, 2022).
37 Congenital CMV and Hearing Loss, Centers for Disease Control and Prevention, available at https://www.cdc.gov/cmv/hearing-

loss.html, (last visited Jan. 29, 2022).
STORAGE NAME: h1073.PPH                                                                                                     PAGE: 5
DATE: 2/1/2022
     B. SECTION DIRECTORY:
         Section 1:       Amends s. 383.145, F.S., relating to newborn and infant hearing screening.
         Section 2:       Provides an effective date of January 1, 2023.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             The bill has a significant, negative fiscal impact on DOH. DOH estimates a potential general
             revenue impact of $440,749 to create a CMV follow-up program, which includes: 38

                 •    $372,153 in recurring expenses for four FTE (salary, benefits, and expenses); and
                 •    $68,596 in non-recurring expenses for data system updates and technology integration.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The number of infants that may be effected by this bill is unknown; however, in 2021, 9,500 infants
         failed the newborn hearing screening. 39 The bill would require each of these infants to undergo CMV
         testing. Staff estimates the costs for CMV tests to be between $45-$70 per tests. This equates to
         $427,500-$665,000 in testing costs.

         The bill does not address whether costs associated with the administration of these tests are to be
         borne by the parents of the newborn, insurers, licensed health care providers, hospitals or birthing
         centers.

     D. FISCAL COMMENTS:
         None.


                                                       III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
           Not Applicable. This bill does not appear to affect county or municipal governments.

         2. Other:
           None.

38 Department of Health Agency Analysis of 2022 House Bill 1073 (Jan. 26, 2022).
39 Id.
STORAGE NAME: h1073.PPH                                                                                     PAGE: 6
DATE: 2/1/2022
   B. RULE-MAKING AUTHORITY:
       Current law provides sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1073.PPH                                                                                PAGE: 7
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           HB 1073                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to newborn screenings; amending s.
    3                383.145, F.S.; providing and revising definitions;
    4                requiring hospitals and other state-licensed birthing
    5                facilities to test for congenital cytomegalovirus in
    6                newborns within a specified timeframe under certain
    7                circumstances; revising the timeframe within which
    8                health care providers attending home births must make
    9                certain referrals; requiring certain health care
10                   providers practicing in the primary care setting to
11                   screen newborns in their care for hearing loss within
12                   a specified timeframe; requiring such providers to
13                   test such newborns for congenital cytomegalovirus
14                   within a specified timeframe under certain
15                   circumstances; revising the timeframe within which
16                   hospitals must complete newborn hearing screenings
17                   that were not completed before discharge due to
18                   scheduling or temporary staffing limitations;
19                   requiring that certain test results be reported to the
20                   Department of Health within a specified timeframe;
21                   removing a requirement that the parents of certain
22                   newborns be instructed on and provided specified
23                   information; removing obsolete language; removing a
24                   requirement that certain uninsured persons be provided
25                   a list of specified providers; providing an effective

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        HB 1073                                                                                               2022




26                date.
27
28      Be It Enacted by the Legislature of the State of Florida:
29
30                Section 1.       Section 383.145, Florida Statutes, is amended
31      to read:
32                383.145      Newborn and infant hearing screening.—
33                (1)       LEGISLATIVE INTENT.—It is the intent of the
34      Legislature this section is to provide a statewide comprehensive
35      and coordinated interdisciplinary program of early hearing loss
36      impairment screening, identification, and follow-up followup
37      care for newborns. The goal is to screen all newborns for
38      hearing loss impairment in order to alleviate the adverse
39      effects of hearing loss on speech and language development,
40      academic performance, and cognitive development. It is further
41      the intent of the Legislature that the provisions of this
42      section act only be implemented to the extent that funds are
43      specifically included in the General Appropriations Act for
44      carrying out the purposes of this section.
45                (2)       DEFINITIONS.—As used in this section, the term:
46                (a)       "Audiologist" means a person licensed under part I of
47      chapter 468 to practice audiology.
48                (a)       "Agency" means the Agency for Health Care
49      Administration.
50                (b)       "Department" means the Department of Health.

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        HB 1073                                                                                               2022




51                (c)       "Hearing loss impairment" means a hearing loss of 30
52      dB HL or greater in the frequency region important for speech
53      recognition and comprehension in one or both ears, approximately
54      500 through 4,000 hertz.
55                (d)       "Hospital" means a facility as defined in s.
56      395.002(13) and licensed under chapter 395 and part II of
57      chapter 408.
58                (e)(d)      "Infant" means an age range from 30 days through 12
59      months.
60                (f)(e)      "Licensed health care provider" means a physician
61      or physician assistant licensed under pursuant to chapter 458;
62      an osteopathic physician or physician assistant licensed under
63      or chapter 459; an advanced practice registered nurse, a
64      registered nurse, or a licensed practical nurse licensed under
65      part I of pursuant to chapter 464; a midwife licensed under
66      chapter 467; or a speech-language pathologist, or an audiologist
67      licensed under part I of pursuant to chapter 468, rendering
68      services within the scope of his or her license.
69                (g)(f)      "Management" means the habilitation of the hearing-
70      impaired child with hearing loss.
71                (h)(g)      "Newborn" means an age range from birth through 29
72      days.
73                (i)       "Physician" means a person licensed under chapter 458
74      to practice medicine or chapter 459 to practice osteopathic
75      medicine.

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         HB 1073                                                                                               2022




 76                (j)(h)      "Screening" means a test or battery of tests
 77      administered to determine the need for an in-depth hearing
 78      diagnostic evaluation.
 79                (3)       REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
 80      COVERAGE; REFERRAL FOR ONGOING SERVICES.—
 81                (a)       Each licensed hospital or other state-licensed
 82      birthing facility that provides maternity and newborn care
 83      services shall ensure provide that all newborns are, before
 84      prior to discharge, screened for the detection of hearing loss,
 85      to prevent the consequences of unidentified disorders. If a
 86      newborn fails the screening for the detection of hearing loss,
 87      the hospital or other state-licensed birthing facility must
 88      administer a test approved by the United States Food and Drug
 89      Administration or another diagnostically equivalent test on the
 90      newborn to screen for congenital cytomegalovirus before the
 91      newborn becomes 21 days of age or before discharge, whic hever
 92      occurs earlier.
 93                (b)       Each licensed birth center that provides maternity and
 94      newborn care services shall ensure provide that all newborns
 95      are, before prior to discharge, referred to an a licensed
 96      audiologist, a physician licensed under chapter 458 or chapter
 97      459, or a hospital, or another other newborn hearing screening
 98      provider, for screening for the detection of hearing loss, to
 99      prevent the consequences of unidentified disorders. The referral
100      for appointment shall be made within 30 days after discharge.

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         HB 1073                                                                                               2022




101      Written documentation of the referral must be placed in the
102      newborn's medical chart.
103                (c)       If the parent or legal guardian of the newborn objects
104      to the screening, the screening must not be completed. In such
105      case, the physician, midwife, or other person who is attending
106      the newborn shall maintain a record that the screening has not
107      been performed and attach a written objection that must be
108      signed by the parent or guardian.
109                (d)       For home births, the health care provider in
110      attendance is responsible for coordination and referral to an a
111      licensed audiologist, a physician, a hospital, or another other
112      newborn hearing screening provider. The referral for appointment
113      must shall be made within 7 30 days after the birth. In cases in
114      which the home birth is not attended by a primary health care
115      provider, a referral to a licensed audiologist, physician
116      licensed pursuant to chapter 458 or chapter 459, hospital, or
117      other newborn hearing screening provider must be made by the
118      health care provider within the first 3 months after the child's
119      birth.
120                (e)       Licensed health care providers practicing in the
121      primary care setting must ensure that newborns in their care are
122      screened for hearing loss within 21 days after the birth. If a
123      newborn fails the screening for the detection of hearing loss,
124      the licensed health care provider must administer a test
125      approved by the United States Food and Drug Administration or

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         HB 1073                                                                                               2022




126      another diagnostically equivalent test on the newborn to screen
127      for congenital cytomegalovirus before the newborn becomes 21
128      days of age.
129                (f)(e)     All newborn and infant hearing screenings must
130      shall be conducted by an a licensed audiologist, a physician
131      licensed under chapter 458 or chapter 459, or an appropriately
132      supervised individual who has completed documented training
133      specifically for newborn hearing screening. Every licensed
134      hospital that provides maternity or newborn care services shall
135      obtain the services of an a licensed audiologist, a physician
136      licensed pursuant to chapter 458 or chapter 459, or another
137      other newborn hearing screening provider, through employment or
138      contract or written memorandum of understanding, for the
139      purposes of appropriate staff training, screening program
140      supervision, monitoring the scoring and interpretation of test
141      results, rendering of appropriate recommendations, and
142      coordination of appropriate follow-up followup services.
143      Appropriate documentation of the screening completion, results,
144      interpretation, and recommendations must be placed in the
145      medical record within 24 hours after completion of the screening
146      procedure.
147                (g)(f)     The screening of a newborn's hearing must should be
148      completed before the newborn is discharged from the hospital.
149      However, if the screening is not completed before discharge due
150      to scheduling or temporary staffing limitations, the screening

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         HB 1073                                                                                               2022




151      must be completed within 21 30 days after the birth discharge.
152      Screenings completed after discharge or performed because of
153      initial screening failure must be completed by an audiologist
154      licensed in the state, a physician licensed under chapter 458 or
155      chapter 459, or a hospital, or another other newborn hearing
156      screening provider.
157                (h)(g)      Each hospital shall formally designate a lead
158      physician responsible for programmatic oversight for newborn
159      hearing screening. Each birth center shall designate a licensed
160      health care provider to provide such programmatic oversight and
161      to ensure that the appropriate referrals are being completed.
162                (i)(h)      When ordered by the treating physician, screening
163      of a newborn's hearing must include auditory brainstem
164      responses, or evoked otoacoustic otacoustic emissions, or
165      appropriate technology as approved by the United States Food and
166      Drug Administration.
167                (j)       The results of any test conducted pursuant to this
168      section, including, but not limited to, newborn hearing loss
169      screening, congenital cytomegalovirus testing, and any related
170      diagnostic testing, must be reported to the department within 7
171      days after receipt of such results.
172                (i)       Newborn hearing screening must be conducted on all
173      newborns in hospitals in this state on birth admission. When a
174      newborn is delivered in a facility other than a hospital, the
175      parents must be instructed on the importance of having the

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         HB 1073                                                                                               2022




176      hearing screening performed and must be given information to
177      assist them in having the screening performed within 3 months
178      after the child's birth.
179                (k)(j)     The initial procedure for screening the hearing of
180      the newborn or infant and any medically necessary follow-up
181      followup reevaluations leading to diagnosis shall be a covered
182      benefit for, reimbursable under Medicaid as an expense
183      compensated supplemental to the per diem rate for Medicaid
184      patients enrolled in MediPass or Medicaid patients covered by a
185      fee-for-service fee for service program. For Medicaid patients
186      enrolled in HMOs, providers shall be reimbursed directly by the
187      Medicaid Program Office at the Medicaid rate. This service may
188      not be considered a covered service for the purposes of
189      establishing the payment rate for Medicaid HMOs. All health
190      insurance policies and health maintenance organizations as
191      provided under ss. 627.6416, 627.6579, and 641.31(30), except
192      for supplemental policies that only provide coverage for
193      specific diseases, hospital indemnity, or Medicare supplement,
194      or to the supplemental polices, shall compensate providers for
195      the covered benefit at the contracted rate. Nonhospital -based
196      providers are shall be eligible to bill Medicaid for the
197      professional and technical component of each procedure code.
198                (l)(k)     A child who is diagnosed as having a permanent
199      hearing loss must impairment shall be referred to the primary
200      care physician for medical management, treatment, and follow-up

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         HB 1073                                                                                               2022




201      followup services. Furthermore, in accordance with Part C of the
202      Individuals with Disabilities Education Act, Pub. L. No. 108 -
203      446, Infants and Toddlers with Disabilities, any child from
204      birth to 36 months of age who is diagnosed as having a hearing
205      loss impairment that requires ongoing special hearing services
206      must be referred to the Children's Medical Services Early
207      Intervention Program serving the geographical area in which the
208      child resides.
209                (l)       Any person who is not covered through insurance and
210      cannot afford the costs for testing shall be given a list of
211      newborn hearing screening providers who provide the necess ary
212      testing free of charge.
213                Section 2.       This act shall take effect January 1, 2023.




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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1073   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Professions & Public
 2     Health Subcommittee
 3     Representative Aloupis offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 96-128 and insert:
 7     audiologist, a physician licensed under chapter 458 or chapter
 8     459, or a hospital, or another other newborn hearing screening
 9     provider, for screening for the detection of hearing loss, to
10     prevent the consequences of unidentified disorders. The referral
11     for appointment must shall be made within 7 30 days after
12     discharge. Written documentation of the referral must be placed
13     in the newborn's medical chart.
14          (c)    If the parent or legal guardian of the newborn objects
15     to the screening, the screening must not be completed. In such
16     case, the physician, midwife, or other person who is attending
     714447 - h1073-line 96.docx
      Published On: 2/1/2022 6:13:36 PM
                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1073   (2022)
       Amendment No. 1


17     the newborn shall maintain a record that the screening has not
18     been performed and attach a written objection that must be
19     signed by the parent or guardian.
20          (d)   For home births, the health care provider in
21     attendance is responsible for coordination and referral to an a
22     licensed audiologist, a hospital, or another other newborn
23     hearing screening provider. The health care provider in
24     attendance must make the referral for appointment shall be made
25     within 7 30 days after the birth. In cases in which the home
26     birth is not attended by a primary health care provider, the
27     newborn’s primary health care provider is responsible for
28     coordinating the a referral to a licensed audiologist, physician
29     licensed pursuant to chapter 458 or chapter 459, hospital, or
30     other newborn hearing screening provider must be made by the
31     health care provider within the first 3 months after the child's
32     birth.
33          (e)   For home births and births in a licensed birth center,
34     if a newborn is referred to a newborn hearing screening provider
35     and the newborn fails the screening for the detection of hearing
36     loss, the newborn’s primary health care provider must refer the
37     newborn for administration of a test approved by the United
38     States Food and Drug Administration or another diagnostically
39     equivalent test on the newborn to screen for congenital
40     cytomegalovirus.
41
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1073   (2022)
       Amendment No. 1


42           -----------------------------------------------------
43                       T I T L E   A M E N D M E N T
44          Remove lines 9-15 and insert:
45     referrals; providing that a newborn’s primary health care
46     provider is responsible for coordinating such referrals under
47     certain circumstances; requiring a newborn’s primary health care
48     provider to refer the newborn for testing for congenital
49     cytomegalovirus under certain circumstances; revising the
50     timeframe within which




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                                   Page 3 of 3
HB 1101
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1101 Anesthesiologist Assistants
SPONSOR(S): Altman
TIED BILLS:       IDEN./SIM. BILLS: SB 1366

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Health & Human Services Committee

                                             SUMMARY ANALYSIS
An anesthesiologist assistant assists an anesthesiologist with developing and implementing an anesthesia
care plan for patients. Anesthesiologist assistants are regulated under chs. 458 and 459, F.S., and by the
Boards of Medicine (BOM) and Osteopathic Medicine (BOOM) within the Department of Health (DOH).

Anesthesiologist assistants perform duties under a protocol with an anesthesiologist. Current law limits the
duties that an anesthesiologist assistant may perform to those that are expressly listed in statute and
established by BOM or BOOM rule. An anesthesiologist or a group of anesthesiologists must file a written
protocol with the BOM and BOOM upon establishment of a supervisory relationship with an anesthesiologist
assistant, which must be signed by the anesthesiologist assistant and all supervising physicians.

Anesthesiologist assistants work under the direct supervision of an anesthesiologist. An anesthesiologist must
be onsite and physically present in the office or surgical suite when a procedure is performed to supervise an
anesthesiologist assistant. The supervising anesthesiologist must also be immediately available to provide
assistance to the anesthesiologist assistant while services are delivered to a patient.

HB 1101 expands the scope of the practice of an anesthesiologist assistant by allowing an anesthesiologist
assistant to perform any duty, in addition to statutory and the BOM and BOOM established duties, contained
within their protocol.

The bill requires the protocol to be signed by either a single supervising anesthesiologist or a supervising
anesthesiologist designated by a group practice rather than all supervising anesthesiologists. The bill also
authorizes anesthesiologist assistants to personally administer prescribed anesthetic under the direct
supervision of an anesthesiologist.

The bill revises the direct supervision requirements by requiring supervising anesthesiologists to be reasonably
physically available to an anesthesiologist assistant, as needed.

Current law authorizes hospitals to establish criteria for granting privileges to health care practitioners to render
patient care. The bill prohibits hospitals from denying clinical privileges to anesthesiologist assistants, except
for cause, so long as the supervising anesthesiologist is a staff member in good standing at the hospital.

Anesthesiologist assistants must submit sworn statements of any prior felony convictions and any prior
discipline or denial of licensure or certification in any state in an application for licensure in this state. The bill
removes the requirement such statements be sworn, allowing applications for licensure to be completed
electronically.

The bill has no fiscal impact on DOH and local governments.

The bill provides an effective date of July 1, 2022.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1101.PPH
DATE: 2/1/2022
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Background

        Anesthesiologist Assistants

        Licensure

        An anesthesiologist assistant assists an anesthesiologist 1 with developing and implementing an
        anesthesia care plan for patients.

        To become licensed as an anesthesiologist assistant in this state, an applicant must:

            •   Complete a training program accredited by the Commission on Accreditation of Allied Health
                Education Programs; 2
            •   Pass an examination established by the National Commission on Certification of
                Anesthesiologist Assistants;
            •   Be certified in advanced cardiac life support; and
            •   Submit an application fee, as set by the BOM or the BOOM and completed an application,
                which must include:
                   o A certificate of completion of an approved graduate level program;
                   o A sworn statement of any prior felony convictions;
                   o A sworn statement of any prior discipline or denial of licensure or certification in any
                       state; and
                   o Two letters of recommendation from anesthesiologists.

        Anesthesiologist assistants must hold a current certificate issued by the National Commission on
        Certification of Anesthesiologist Assistants or complete 40 hours of continuing education every two
        years. 3

        Practice Protocol

        Anesthesiologist assistants may perform duties established by BOM or BOOM rule and included in a
        protocol with an anesthesiologist. Such duties include: 4

            •   Obtaining a comprehensive patient history and present the history to the supervising
                anesthesiologist;
            •   Pretesting and calibrating anesthesia delivery systems and monitoring, obtaining, and
                interpreting information from the systems and monitors;
            •   Assisting the supervising anesthesiologist with the implementation of medically accepted
                monitoring techniques;
            •   Establishing basic and advanced airway interventions, including intubation of the trachea and
                performing ventilatory support;
            •   Administering intermittent vasoactive drugs and starting and adjusting vasoactive infusions;
            •   Administering anesthetic drugs, adjuvant drugs, and accessory drugs;


1 An anesthesiologist is an allopathic or osteopathic physician regulated under chs. 458 and 459, F.S., respectively, and

the Board of Medicine (BOM) and the Board of Osteopathic Medicine (BOOM) within the Department of Health (DOH),
who has completed an anesthesiology training program approved by the Accreditation Council for Graduate Medical
Education and is certified by the American Board of Anesthesiology.
2 Rules 64B8-31.004 and 64B15-7.004, F.A.C.
3 S. 458.3475(5) and 459.023(5), F.S.
4 S. 458.3475(3) and 459.023(3), F.S.
STORAGE NAME: h1101.PPH                                                                                             PAGE: 2
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            •   Assisting the supervising anesthesiologist with the performance of epidural anesthetic
                procedures and spinal anesthetic procedures;
            •   Administering blood, blood products, and supportive fluids;
            •   Supporting life functions during anesthesia health care, including induction and intubation
                procedures, the use of appropriate mechanical supportive devices, and the management of
                fluid, electrolyte, and blood component balances;
            •   Recognizing and taking appropriate corrective action for abnormal patient responses to
                anesthesia, adjunctive medication, or other forms of therapy;
            •   Participating in management of the patient while in the post-anesthesia recovery area, including
                the administration of any supporting fluids or drugs; and
            •   Placing special peripheral and central venous and arterial lines for blood sampling and
                monitoring, as appropriate.

        An anesthesiologist or a group of anesthesiologists must file a written protocol with the BOM and
        BOOM upon establishment of a supervisory relationship with an anesthesiologist assistant. Such
        protocol must be updated biennially, include the signatures of the anesthesiologist assistant, all
        supervising physicians, and the: 5

            •   Name, address, and license number of the anesthesiologist assistant;
            •   Name, address, license number, and federal Drug Enforcement Administration number of each
                physician who will be supervising the anesthesiologist assistant;
            •   Address of the anesthesiologist assistant’s primary practice location and the address of any
                other locations where the anesthesiologist assistant may practice;
            •   Date the protocol was developed and the dates of all revision;
            •   Duties and functions of the anesthesiologist assistant;
            •   Conditions or procedures that require the personal provision of care by an anesthesiologist; and
            •   Procedures to be followed in the event of an anesthetic emergency.

        Duties Under Direct Supervision

        An anesthesiology assistant may only provide services under the direct supervision of an
        anesthesiologist. 6 Direct supervision means onsite, personal supervision by an anesthesiologist who is
        present in the office or surgical suite when the procedure is being performed and is immediately
        available to provide assistance to the anesthesiologist assistant while services are being delivered. 7

        Clinical Privileges

        Clinical privileges are privileges granted to licensed health care practitioners by a hospital to render
        patient care, but does not include admitting patients. 8 Each facility licensed under ch. 395, F.S., which
        includes hospitals, establishes its own rules and procedures for consideration of applications for clinical
        privileges. 9 Current statute prohibits hospitals from denying clinical privileges to physician assistants,
        except for cause, so long as the supervising physician is a staff member in good standing at the
        hospital. 10 Current law is silent on denial of hospital clinical privileges for anesthesiologist assistants.


        Effect of the Bill

        Practice Protocol

5 S 458.3475(2)(b) and 459.023(2)(b), F.S.
6 S. 458.3475(3)(a) and 459.023(3)(a), F.S. The practice of anesthesiology includes pain relief during and after surgery

and childbirth, during chronic disease processes, and during resuscitation and critical care of patients in the operating
room and intensive care.
7 S. 458.3475(1)(g) and 459.023(1)(g), F.S.
8 S. 395.002, F.S.
9 S. 395.0191, F.S.
10 S. 458.347(3) and 459.022(3), F.S.
STORAGE NAME: h1101.PPH                                                                                               PAGE: 3
DATE: 2/1/2022
       HB 1101 expands the scope of the practice an anesthesiologist assistant. Current law limits the duties
       that an anesthesiology assistant may perform duties to those that are expressly listed in statute and
       established by BOM or BOOM rule. The bill removes this limitation by allowing an anesthesiology
       assistant to perform any task, including the BOM and BOOM established duties, contained within their
       protocol.

       The bill revises the signatory requirement for supervisory protocols. The bill requires the signature of a
       single supervising anesthesiologist or a supervising anesthesiologist designated by the practice group
       instead of the signature of all supervising physicians. This means one anesthesiologist in a practice
       group is the signatory authority for every other anesthesiologist in a practice group, regardless of
       whether other anesthesiologists in such practice group have expressly agreed to the protocol in
       question.

       Duties Under Direct Supervision

       The bill revises requirements for direct supervision of an anesthesiologist assistant by an
       anesthesiologist by requiring the supervising anesthesiologist to be reasonably physically available as
       needed instead of immediately available to provide assistance and physically present in the room when
       an anesthesiologist is performing procedures.

       The bill also authorizes anesthesiologist assistants to personally administer prescribed anesthetic and
       perform tasks and services specified in a written protocol under the revised direct supervision of an
       anesthesiologist.

       Clinical Privileges

       The bill prohibits hospitals from denying clinical privileges to anesthesiologist assistants, except for
       cause, so long as the supervising anesthesiologist is a staff member in good standing at the hospital.

       The bill makes the above changes in both the allopathic physician practice act, ch. 458, F.S., and the
       osteopathic physician practice act, ch. 459, F.S.

       Licensure

       The bill removes the requirement that anesthesiologist assistant licensure applications contain sworn
       statements of any prior felony convictions and any prior discipline or denial of licensure or certification
       in any state. This allows applications for licensure to be completed electronically.

       The bill provides and effective date of July 1, 2022.

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 458.3475, F.S., relating to anesthesiologist assistants.
       Section 2:     Amends s. 459.023, F.S., relating to anesthesiologist assistants.
       Section 3:     Provides an effective date of July 1, 2022.




STORAGE NAME: h1101.PPH                                                                                      PAGE: 4
DATE: 2/1/2022
                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          None. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       Current law provides sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1101.PPH                                                                                PAGE: 5
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           HB 1101                                                                                               2022




    1                                          A bill to be entitled
    2                An act relating to anesthesiologist assistants;
    3                amending ss. 458.3475 and 459.023, F.S.; revising the
    4                definitions of the terms "anesthesiologist" and
    5                "direct supervision"; revising requirements for the
    6                written protocol between an anesthesiologist assistant
    7                and a supervising anesthesiologist; revising
    8                provisions related to duties and functions
    9                anesthesiologist assistants may perform; providing
10                   that a certain applicant for clinical hospital
11                   privileges may not be denied such privileges if the
12                   applicant's supervising anesthesiologist is a staff
13                   member in good standing at that hospital, with an
14                   exception; revising licensure requirements for
15                   anesthesiologist assistants; providing an effective
16                   date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                   Section 1.        Paragraphs (a) and (g) of subsection (1),
21         paragraph (b) of subsection (2), subsection (3), and paragraphs
22         (a) and (b) of subsection (6) of section 458.3475, Florida
23         Statutes, are amended to read:
24                   458.3475         Anesthesiologist assistants.—
25                   (1)       DEFINITIONS.—As used in this section, the term:

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        HB 1101                                                                                               2022




26                (a)       "Anesthesiologist" means an allopathic or osteopathic
27      physician who holds an active, unrestricted license; who has
28      successfully completed an anesthesiology training program
29      approved by the Accreditation Council on Graduate Medical
30      Education or its equivalent; and who is certified by the
31      American Board of Anesthesiology, is eligible to take that
32      board's examination, or is certified by the Board of
33      Certification in Anesthesiology affiliated with the American
34      Association of Physician Specialists.
35                (g)       "Direct supervision" means the physical presence of a
36      supervising anesthesiologist on the premises such that the
37      supervising anesthesiologist is reasonably available as needed
38      onsite, personal supervision by an anesthesiologist who is
39      present in the office when the procedure is being performed in
40      that office, or is present in the surgical or obstetrical sui te
41      when the procedure is being performed in that surgical or
42      obstetrical suite and who is in all instances immediately
43      available to provide assistance and direction to the
44      anesthesiologist assistant while anesthesia services are being
45      performed.
46                (2)       PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
47                (b)       An anesthesiologist or group of anesthesiologists
48      must, upon establishing a supervisory relationship with an
49      anesthesiologist assistant, file with the board a written
50      protocol that includes, at a minimum:

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        HB 1101                                                                                               2022




51                1.    The name, address, and license number of the
52      anesthesiologist assistant.
53                2.    The name, address, license number, and federal Drug
54      Enforcement Administration number of each physician who will be
55      supervising the anesthesiologist assistant.
56                3.    The address of the anesthesiologist assistant's primary
57      practice location and the address of any other locations where
58      the anesthesiologist assistant may practice.
59                4.    The date the protocol was developed and the dates of
60      all revisions.
61                5.    The signatures of the anesthesiologist assistant and
62      either the single supervising anesthesiologist or a supervising
63      anesthesiologist designated by the group, as applicable all
64      supervising physicians.
65                6.    The duties and functions of the anesthesiologist
66      assistant.
67                7.    The conditions or procedures that require the personal
68      provision of care by an anesthesiologist.
69                8.    The procedures to be followed in the event of an
70      anesthetic emergency.
71
72      The protocol must be on file with the board before the
73      anesthesiologist assistant may practice with the
74      anesthesiologist or group. An anesthesiologist assistant may not
75      practice unless a written protocol has been filed for that

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         HB 1101                                                                                               2022




 76      anesthesiologist assistant in accordance with this paragraph,
 77      and the anesthesiologist assistant may only practice under the
 78      direct supervision of an anesthesiologist who is identified in
 79      the has signed the protocol. The protocol must be updated
 80      biennially.
 81                (3)       PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.—
 82                (a)       An anesthesiologist assistant may assist an
 83      anesthesiologist in developing and implementing an anesthesia
 84      care plan for a patient, may personally administer the
 85      prescribed anesthetic under the direct supervision of an
 86      anesthesiologist, and may perform tasks and services as
 87      specified in a written protocol approved by the supervising
 88      anesthesiologist, including, but not limited to, any of the
 89      following. In providing assistance to an anesthesiologist, an
 90      anesthesiologist assistant may perform duties established by
 91      rule by the board in any of the following functions that are
 92      included in the anesthesiologist assistant's protocol while
 93      under the direct supervision of an anesthesiologist :
 94                1.    Obtain a comprehensive patient history and present the
 95      history to the supervising anesthesiologist.
 96                2.    Pretest and calibrate anesthesia delivery systems and
 97      monitor, obtain, and interpret information from the systems and
 98      monitors.
 99                3.    Assist the supervising anesthesiologist with the
100      implementation of medically accepted monitoring techniques.

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         HB 1101                                                                                               2022




101                4.    Establish basic and advanced airway interventions,
102      including intubation of the trachea and performing ventilatory
103      support.
104                5.    Administer intermittent vasoactive drugs and start and
105      adjust vasoactive infusions.
106                6.    Administer anesthetic drugs, adjuvant drugs, and
107      accessory drugs.
108                7.    Assist the supervising anesthesiologist with the
109      performance of epidural anesthetic procedures and spinal
110      anesthetic procedures.
111                8.    Administer blood, blood products, and supportive
112      fluids.
113                9.    Support life functions during anesthesia health car e,
114      including induction and intubation procedures, the use of
115      appropriate mechanical supportive devices, and the management of
116      fluid, electrolyte, and blood component balances.
117                10.       Recognize and take appropriate corrective action for
118      abnormal patient responses to anesthesia, adjunctive medication,
119      or other forms of therapy.
120                11.       Participate in management of the patient while in the
121      postanesthesia recovery area, including the administration of
122      any supporting fluids or drugs.
123                12.       Place special peripheral and central venous and
124      arterial lines for blood sampling and monitoring as appropriate.
125                (b)       Nothing in this section or chapter prevents third-

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         HB 1101                                                                                               2022




126      party payors from reimbursing employers of anesthesiologist
127      assistants for covered services rendered by such
128      anesthesiologist assistants.
129                (c)       After 90 days following the submission of a completed
130      application for clinical privileges at a hospital, an
131      anesthesiologist assistant may not be denied clinical hospital
132      privileges, except for cause, if the supervising
133      anesthesiologist is a staff member in good standing at that
134      hospital.
135                (d)       An anesthesiologist assistant must clearly convey to
136      the patient that he or she is an anesthesiologist assistant.
137                (e)(d)      An anesthesiologist assistant may perform
138      anesthesia tasks and services within the framework of a written
139      practice protocol developed between the supervising
140      anesthesiologist and the anesthesiologist assistant.
141                (f)(e)      An anesthesiologist assistant may not prescribe,
142      order, or compound any controlled substance, legend drug, or
143      medical device, nor may an anesthesiologist assistant dispense
144      sample drugs to patients. Nothing in this paragraph prohibits an
145      anesthesiologist assistant from administering legend drugs or
146      controlled substances; intravenous drugs, fluids, or blood
147      products; or inhalation or other anesthetic agents to patients
148      which are ordered by the supervising anesthesiologist and
149      administered while under the direct supervision of the
150      supervising anesthesiologist.

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         HB 1101                                                                                               2022




151                (6)       ANESTHESIOLOGIST ASSISTANT LICENSURE.—
152                (a)       Any person desiring to be licensed as an
153      anesthesiologist assistant must apply to the department. The
154      department shall issue a license to any person certified by the
155      board to:
156                1.    Be at least 18 years of age.
157                2.    Have satisfactorily passed a proficiency examination
158      with a score established by the National Commission on
159      Certification of Anesthesiologist Assistants.
160                3.    Be certified in advanced cardiac life support.
161                4.    Have completed the application form and remitted an
162      application fee, not to exceed $1,000, as set by the boards. An
163      application must include:
164                a.    A certificate of completion of an approved graduate
165      level program.
166                b.    An acknowledgment A sworn statement of any prior felony
167      convictions.
168                c.    An acknowledgment A sworn statement of any prior
169      discipline or denial of licensure or certification in any state.
170                d.    Two letters of recommendation from anesthesiologists.
171                (b)       A license must be renewed biennially. Each renewal
172      must include:
173                1.    A renewal fee, not to exceed $1,000, as set by the
174      boards.
175                2.    An acknowledgment A sworn statement of no felony

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         HB 1101                                                                                               2022




176      convictions in the immediately preceding 2 years.
177                Section 2.       Paragraphs (a) and (g) of subsection (1),
178      paragraph (b) of subsection (2), subsection (3), and parag raphs
179      (a) and (b) of subsection (6) of section 459.023, Florida
180      Statutes, are amended to read:
181                459.023      Anesthesiologist assistants.—
182                (1)       DEFINITIONS.—As used in this section, the term:
183                (a)       "Anesthesiologist" means an osteopathic or allopathic
184      physician who holds an active, unrestricted license; who has
185      successfully completed an anesthesiology training program
186      approved by the Accreditation Council on Graduate Medical
187      Education, or its equivalent, or the American Osteopathic
188      Association; and who is certified by the American Osteopathic
189      Board of Anesthesiology or is eligible to take that board's
190      examination, is certified by the American Board of
191      Anesthesiology or is eligible to take that board's examination,
192      or is certified by the Board of Certification in Anesthesiology
193      affiliated with the American Association of Physician
194      Specialists.
195                (g)       "Direct supervision" means the physical presence of a
196      supervising anesthesiologist on the premises such that the
197      supervising anesthesiologist is reasonably available as needed
198      onsite, personal supervision by an anesthesiologist who is
199      present in the office when the procedure is being performed in
200      that office, or is present in the surgical or obstetrical suite

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         HB 1101                                                                                               2022




201      when the procedure is being performed in that surgical or
202      obstetrical suite and who is in all instances immediately
203      available to provide assistance and direction to the
204      anesthesiologist assistant while anesthesia services are being
205      performed.
206                (2)       PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
207                (b)       An anesthesiologist or group of anesthesiologists
208      must, upon establishing a supervisory relationship with an
209      anesthesiologist assistant, file with the board a written
210      protocol that includes, at a minimum:
211                1.    The name, address, and license number of the
212      anesthesiologist assistant.
213                2.    The name, address, license number, and federal Drug
214      Enforcement Administration number of each physician who will be
215      supervising the anesthesiologist assistant.
216                3.    The address of the anesthesiologist assistant's primary
217      practice location and the address of any other locations where
218      the anesthesiologist assistant may practice.
219                4.    The date the protocol was developed and the dates of
220      all revisions.
221                5.    The signatures of the anesthesiologist assistant and
222      either the single supervising anesthesiologist or a supervising
223      anesthesiologist designated by the group, as applicable all
224      supervising physicians.
225                6.    The duties and functions of the anesthesiologist

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         HB 1101                                                                                               2022




226      assistant.
227                7.    The conditions or procedures that require the personal
228      provision of care by an anesthesiologist.
229                8.    The procedures to be followed in the event of an
230      anesthetic emergency.
231
232      The protocol must be on file with the board before the
233      anesthesiologist assistant may practice with the
234      anesthesiologist or group. An anesthesiologist assi stant may not
235      practice unless a written protocol has been filed for that
236      anesthesiologist assistant in accordance with this paragraph,
237      and the anesthesiologist assistant may only practice under the
238      direct supervision of an anesthesiologist who is identified in
239      the has signed the protocol. The protocol must be updated
240      biennially.
241                (3)       PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.—
242                (a)       An anesthesiologist assistant may assist an
243      anesthesiologist in developing and implementing an anesthesia
244      care plan for a patient, may personally administer the
245      prescribed anesthetic under the direct supervision of an
246      anesthesiologist, and may perform tasks and services as
247      specified in a written protocol approved by the supervising
248      anesthesiologist, including, but not limited to, any of the
249      following. In providing assistance to an anesthesiologist, an
250      anesthesiologist assistant may perform duties established by

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         HB 1101                                                                                               2022




251      rule by the board in any of the following functions that are
252      included in the anesthesiologist assistant's protocol whil e
253      under the direct supervision of an anesthesiologist :
254                1.    Obtain a comprehensive patient history and present the
255      history to the supervising anesthesiologist.
256                2.    Pretest and calibrate anesthesia delivery systems and
257      monitor, obtain, and interpret information from the systems and
258      monitors.
259                3.    Assist the supervising anesthesiologist with the
260      implementation of medically accepted monitoring techniques.
261                4.    Establish basic and advanced airway interventions,
262      including intubation of the trachea and performing ventilatory
263      support.
264                5.    Administer intermittent vasoactive drugs and start and
265      adjust vasoactive infusions.
266                6.    Administer anesthetic drugs, adjuvant drugs, and
267      accessory drugs.
268                7.    Assist the supervising anesthesiologist with the
269      performance of epidural anesthetic procedures and spinal
270      anesthetic procedures.
271                8.    Administer blood, blood products, and supportive
272      fluids.
273                9.    Support life functions during anesthesia health care,
274      including induction and intubation procedures, the use of
275      appropriate mechanical supportive devices, and the management of

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         HB 1101                                                                                               2022




276      fluid, electrolyte, and blood component balances.
277                10.       Recognize and take appropriate corrective action for
278      abnormal patient responses to anesthesia, adjunctive medication,
279      or other forms of therapy.
280                11.       Participate in management of the patient while in the
281      postanesthesia recovery area, including the administration of
282      any supporting fluids or drugs.
283                12.       Place special peripheral and central venous and
284      arterial lines for blood sampling and monitoring as appropriate.
285                (b)       Nothing in this section or chapter prevents third-
286      party payors from reimbursing employers of anesthesiologist
287      assistants for covered services rendered by such
288      anesthesiologist assistants.
289                (c)       After 90 days following the submission of a completed
290      application for clinical privileges at a hospital, an
291      anesthesiologist assistant may not be denied clinical hospital
292      privileges, except for cause, if the supervising
293      anesthesiologist is a staff member in good standing at that
294      hospital.
295                (d)       An anesthesiologist assistant must clearly convey to
296      the patient that she or he is an anesthesiologist assistant.
297                (e)(d)      An anesthesiologist assistant may perform
298      anesthesia tasks and services within the framework of a written
299      practice protocol developed between the supervising
300      anesthesiologist and the anesthesiologist assistant.

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         HB 1101                                                                                               2022




301                (f)(e)      An anesthesiologist assistant may not prescribe,
302      order, or compound any controlled substance, legend drug, or
303      medical device, nor may an anesthesiologist assistant dispense
304      sample drugs to patients. Nothing in this paragraph prohibits an
305      anesthesiologist assistant from administering legend drugs or
306      controlled substances; intravenous drugs, fluids, or blood
307      products; or inhalation or other anesthetic agents to patients
308      which are ordered by the supervising anesthesiologist and
309      administered while under the direct supervision of the
310      supervising anesthesiologist.
311                (6)       ANESTHESIOLOGIST ASSISTANT LICENSURE.—
312                (a)       Any person desiring to be licensed as an
313      anesthesiologist assistant must apply to the department. The
314      department shall issue a license to any person certified by the
315      board to:
316                1.    Be at least 18 years of age.
317                2.    Have satisfactorily passed a proficiency examination
318      with a score established by the National Commission on
319      Certification of Anesthesiologist Assistants.
320                3.    Be certified in advanced cardiac life support.
321                4.    Have completed the application form and remitted an
322      application fee, not to exceed $1,000, as set by the bo ards. An
323      application must include:
324                a.    A certificate of completion of an approved graduate
325      level program.

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         HB 1101                                                                                               2022




326                b.    An acknowledgment A sworn statement of any prior felony
327      convictions.
328                c.    An acknowledgment A sworn statement of any prior
329      discipline or denial of licensure or certification in any state.
330                d.    Two letters of recommendation from anesthesiologists.
331                (b)       A license must be renewed biennially. Each renewal
332      must include:
333                1.    A renewal fee, not to exceed $1,000, as set by the
334      boards.
335                2.    An acknowledgment A sworn statement of no felony
336      convictions in the immediately preceding 2 years.
337                Section 3.       This act shall take effect July 1, 2022.




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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1101   (2022)
       Amendment No.1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Professions & Public
2      Health Subcommittee
3      Representative Altman offered the following:
4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    Paragraphs (a) and (g) of subsection (1),
 8     paragraph (a) of subsection (3), and paragraphs (a) and (b) of
 9     subsection (6) of section 458.3475, Florida Statutes, are
10     amended to read:
11          458.3475    Anesthesiologist assistants.—
12          (1)    DEFINITIONS.—As used in this section, the term:
13          (a)    "Anesthesiologist" means an allopathic or osteopathic
14     physician who holds an active, unrestricted license; who has
15     successfully completed an anesthesiology training program
16     approved by the Accreditation Council on Graduate Medical
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1101   (2022)
       Amendment No.1


17     Education or its equivalent; and who is certified by the
18     American Board of Anesthesiology, is eligible to take that
19     board's examination, or is certified by the Board of
20     Certification in Anesthesiology affiliated with the American
21     Association of Physician Specialists.
22          (g)   "Direct supervision" means the physical presence of a
23     supervising anesthesiologist on the premises such that the
24     supervising anesthesiologist is immediately available as needed
25     onsite, personal supervision by an anesthesiologist who is
26     present in the office when the procedure is being performed in
27     that office, or is present in the surgical or obstetrical suite
28     when the procedure is being performed in that surgical or
29     obstetrical suite and who is in all instances immediately
30     available to provide assistance and direction to the
31     anesthesiologist assistant while anesthesia services are being
32     performed.
33          (3)   PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.—
34          (a)   An anesthesiologist assistant may assist an
35     anesthesiologist in developing and implementing an anesthesia
36     care plan for a patient, may personally administer the
37     prescribed anesthetic under the direct supervision of an
38     anesthesiologist, and may perform tasks and services as
39     specified in a written protocol approved by the supervising
40     anesthesiologist which may include any of the following
41     functions. In providing assistance to an anesthesiologist, an
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1101     (2022)
       Amendment No.1


42     anesthesiologist assistant may perform duties established by
43     rule by the board in any of the following functions that are
44     included in the anesthesiologist assistant's protocol while
45     under the direct supervision of an anesthesiologist:
46          1.    Obtain a comprehensive patient history and present the
47     history to the supervising anesthesiologist.
48          2.    Pretest and calibrate anesthesia delivery systems and
49     monitor, obtain, and interpret information from the systems and
50     monitors.
51          3.    Assist the supervising anesthesiologist with the
52     implementation of medically accepted monitoring techniques.
53          4.    Establish basic and advanced airway interventions,
54     including intubation of the trachea and performing ventilatory
55     support.
56          5.    Administer intermittent vasoactive drugs and start and
57     adjust vasoactive infusions.
58          6.    Administer anesthetic drugs, adjuvant drugs, and
59     accessory drugs.
60          7.    Assist the supervising anesthesiologist with the
61     performance of epidural anesthetic procedures and spinal
62     anesthetic procedures.
63          8.    Administer blood, blood products, and supportive
64     fluids.
65          9.    Support life functions during anesthesia health care,
66     including induction and intubation procedures, the use of
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                                                  Bill No. HB 1101   (2022)
       Amendment No.1


67     appropriate mechanical supportive devices, and the management of
68     fluid, electrolyte, and blood component balances.
69          10.    Recognize and take appropriate corrective action for
70     abnormal patient responses to anesthesia, adjunctive medication,
71     or other forms of therapy.
72          11.    Participate in management of the patient while in the
73     postanesthesia recovery area, including the administration of
74     any supporting fluids or drugs.
75          12.    Place special peripheral and central venous and
76     arterial lines for blood sampling and monitoring as appropriate.
77          (6)    ANESTHESIOLOGIST ASSISTANT LICENSURE.—
78          (a)    Any person desiring to be licensed as an
79     anesthesiologist assistant must apply to the department. The
80     department shall issue a license to any person certified by the
81     board to:
82          1.    Be at least 18 years of age.
83          2.    Have satisfactorily passed a proficiency examination
84     with a score established by the National Commission on
85     Certification of Anesthesiologist Assistants.
86          3.    Be certified in advanced cardiac life support.
87          4.    Have completed the application form and remitted an
88     application fee, not to exceed $1,000, as set by the boards. An
89     application must include:
90          a.    A certificate of completion of an approved graduate
91     level program.
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                                                   Bill No. HB 1101     (2022)
        Amendment No.1


 92          b.    An acknowledgment A sworn statement of any prior felony
 93     convictions.
 94          c.    An acknowledgment A sworn statement of any prior
 95     discipline or denial of licensure or certification in any state.
96           d.    Two letters of recommendation from anesthesiologists.
97           (b)    A license must be renewed biennially. Each renewal
98      must include:
99           1.    A renewal fee, not to exceed $1,000, as set by the
100     boards.
101          2.    An acknowledgment A sworn statement of no felony
102     convictions in the immediately preceding 2 years.
103          Section 2.    Paragraphs (a) and (g) of subsection (1),
104     paragraph (a) of subsection (3), and paragraphs (a) and (b) of
105     subsection (6) of section 459.023, Florida Statutes, are amended
106     to read:
107          459.023    Anesthesiologist assistants.—
108          (1)    DEFINITIONS.—As used in this section, the term:
109          (a)    "Anesthesiologist" means an osteopathic or allopathic
110     physician who holds an active, unrestricted license; who has
111     successfully completed an anesthesiology training program
112     approved by the Accreditation Council on Graduate Medical
113     Education, or its equivalent, or the American Osteopathic
114     Association; and who is certified by the American Osteopathic
115     Board of Anesthesiology or is eligible to take that board's
116     examination, is certified by the American Board of
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                                                   Bill No. HB 1101   (2022)
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117     Anesthesiology or is eligible to take that board's examination,
118     or is certified by the Board of Certification in Anesthesiology
119     affiliated with the American Association of Physician
120     Specialists.
121          (g)   "Direct supervision" means the physical presence of a
122     supervising anesthesiologist on the premises such that the
123     supervising anesthesiologist is immediately available as needed
124     onsite, personal supervision by an anesthesiologist who is
125     present in the office when the procedure is being performed in
126     that office, or is present in the surgical or obstetrical suite
127     when the procedure is being performed in that surgical or
128     obstetrical suite and who is in all instances immediately
129     available to provide assistance and direction to the
130     anesthesiologist assistant while anesthesia services are being
131     performed.
132          (3)   PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.—
133          (a)   An anesthesiologist assistant may assist an
134     anesthesiologist in developing and implementing an anesthesia
135     care plan for a patient, may personally administer the
136     prescribed anesthetic under the direct supervision of an
137     anesthesiologist, and may perform tasks and services as
138     specified in a written protocol approved by the supervising
139     anesthesiologist which may include any of the following
140     functions. In providing assistance to an anesthesiologist, an
141     anesthesiologist assistant may perform duties established by
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                                                   Bill No. HB 1101     (2022)
        Amendment No.1


142     rule by the board in any of the following functions that are
143     included in the anesthesiologist assistant's protocol while
144     under the direct supervision of an anesthesiologist:
145          1.    Obtain a comprehensive patient history and present the
146     history to the supervising anesthesiologist.
147          2.    Pretest and calibrate anesthesia delivery systems and
148     monitor, obtain, and interpret information from the systems and
149     monitors.
150          3.    Assist the supervising anesthesiologist with the
151     implementation of medically accepted monitoring techniques.
152          4.    Establish basic and advanced airway interventions,
153     including intubation of the trachea and performing ventilatory
154     support.
155          5.    Administer intermittent vasoactive drugs and start and
156     adjust vasoactive infusions.
157          6.    Administer anesthetic drugs, adjuvant drugs, and
158     accessory drugs.
159          7.    Assist the supervising anesthesiologist with the
160     performance of epidural anesthetic procedures and spinal
161     anesthetic procedures.
162          8.    Administer blood, blood products, and supportive
163     fluids.
164          9.    Support life functions during anesthesia health care,
165     including induction and intubation procedures, the use of


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                                                   Bill No. HB 1101   (2022)
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166     appropriate mechanical supportive devices, and the management of
167     fluid, electrolyte, and blood component balances.
168          10.    Recognize and take appropriate corrective action for
169     abnormal patient responses to anesthesia, adjunctive medication,
170     or other forms of therapy.
171          11.    Participate in management of the patient while in the
172     postanesthesia recovery area, including the administration of
173     any supporting fluids or drugs.
174          12.    Place special peripheral and central venous and
175     arterial lines for blood sampling and monitoring as appropriate.
176          (6)    ANESTHESIOLOGIST ASSISTANT LICENSURE.—
177          (a)    Any person desiring to be licensed as an
178     anesthesiologist assistant must apply to the department. The
179     department shall issue a license to any person certified by the
180     board to:
181          1.    Be at least 18 years of age.
182          2.    Have satisfactorily passed a proficiency examination
183     with a score established by the National Commission on
184     Certification of Anesthesiologist Assistants.
185          3.    Be certified in advanced cardiac life support.
186          4.    Have completed the application form and remitted an
187     application fee, not to exceed $1,000, as set by the boards. An
188     application must include:
189          a.    A certificate of completion of an approved graduate
190     level program.
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                                                   Bill No. HB 1101     (2022)
        Amendment No.1


191          b.    An acknowledgment A sworn statement of any prior felony
192     convictions.
193          c.    An acknowledgment A sworn statement of any prior
194     discipline or denial of licensure or certification in any state.
195          d.    Two letters of recommendation from anesthesiologists.
196          (b)    A license must be renewed biennially. Each renewal
197     must include:
198          1.    A renewal fee, not to exceed $1,000, as set by the
199     boards.
200          2.    An acknowledgment A sworn statement of no felony
201     convictions in the immediately preceding 2 years.
202          Section 3.    This act shall take effect July 1, 2022.
203
204           -----------------------------------------------------
205                         T I T L E   A M E N D M E N T
206          Remove everything before the enacting clause and insert:
207     An act relating to anesthesiologist assistants; amending ss.
208     458.3475 and 459.023, F.S.; revising the definitions of the
209     terms "anesthesiologist" and "direct supervision"; revising
210     requirements for the written protocol between an
211     anesthesiologist assistant and a supervising anesthesiologist;
212     revising provisions relating to duties and functions
213     anesthesiologist assistants may perform; revising licensure
214     requirements for anesthesiologist assistants; providing an
215     effective date.
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HB 1209
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1209 Administration of Vaccines
SPONSOR(S): Tuck and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1892

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Health & Human Services Committee

                                            SUMMARY ANALYSIS
Current law authorizes pharmacists and registered interns who meet certain educational requirements to
administer vaccines to adults within an established protocol with a supervising physician. A pharmacist or a
pharmacy intern may administer:

     •    Immunizations or vaccines listed on the U.S. Centers for Disease Control and Prevention (CDC) Adult
          Immunization Schedule as of April 20, 2021;
     •    Vaccines recommended by the CDC for international travel as of April 30, 2021;
     •    Immunizations or vaccines licensed for use in the United States by the U.S. Food and Drug
          Administration (FDA) as of April 30, 2021;
     •    Immunizations or vaccines authorized for emergency use by the FDA as of April 30, 2021;
     •    Immunizations or vaccines approved by the Board of Pharmacy (Board) in rule; and
     •    Immunizations or vaccines approved by the Board of Pharmacy in response to a state of emergency
          declared by the Governor.

Pharmacy technicians are not currently authorized by law to administer immunizations or vaccines.

HB 1209 authorizes qualified Florida-registered pharmacy technicians to administer to adults the above-
referenced immunizations or vaccines under the supervision of a certified pharmacist.

The bill requires pharmacy technicians to become certified to administer such immunizations and vaccines. To
become certified, a registered pharmacy technician must complete at least six hours of immunization-related
training. The training curriculum must, at a minimum, include instruction on the safe and effective
administration of vaccines and potential allergic reactions to such vaccines. Upon registration renewal,
pharmacy technicians must have completed at least two hours of additional continuing education.

The bill updates the authorized immunizations or vaccines that may be administered from those listed in the
CDC Recommended Immunization Schedule for adults, the CDC’s Health Information for International Travel,
and those licensed or authorized for emergency use by the FDA as of April 30, 2021 to those listed or
approved as of March 31, 2022.

The bill has an insignificant, negative fiscal impact on the Department of Health. The bill has no fiscal impact
on local governments.

The bill provides an effective date of July 1, 2022.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1209.PPH
DATE: 2/1/2022
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Vaccinations

                  CDC Immunization Recommendations

         The Advisory Committee on Immunization Practices (ACIP) develops recommendations on the use of
         vaccines in the United States. 1 The ACIP is comprised of medical and public health experts, and works
         with professional organizations, such as the American Academy of Pediatrics, the American Academy
         of Family Physicians, the American College of Obstetricians and Gynecologists, and the American
         College of Physicians to develop annual childhood and adult immunization schedules. 2 The Centers for
         Disease Control and Prevention (CDC) reviews the ACIP’s recommendations; once approved by the
         CDC Director and the U.S. Department of Health and Human Services, they are published as the
         CDC’s official recommendations for immunizations of the U.S. population. 3

         The current recommended immunization schedule for adults includes: 4

             • Influenza (annually)                                          • Varicella (if born in 1980 or later)
             • Measles, mumps, rubella (if born in 1957 or                   • Tetanus, diphtheria, pertussis (booster
               later)                                                          every 10 years)
             • Zoster                                                        • Human papillomavirus
             • Pneumococcal polysaccharide                                   • Pneumococcal conjugate
             • Haemophilus influenza type b                                  • Hepatitis A
             • Hepatitis B                                                   • Meningococcal A, C, W, Y
             • Meningococcal B

         New vaccines are considered for addition to the schedule after licensure by the United States Food and
         Drug Administration. 5 Not all newly licensed vaccines are added to the schedule. Some licensed
         vaccines are only recommended for people who are traveling to areas where other vaccine preventable
         diseases occur, such as yellow fever, cholera, dengue, Japanese encephalitis, plague, rabies,
         smallpox, and typhoid. 6

         The CDC’s Health Information for International Travel, commonly called the Yellow Book (Book), is
         published biannually by the CDC as a reference for those who advise international travelers about



1 Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), General Committee-Related

Information, available at https://www.cdc.gov/vaccines/acip/committee/index.html (last visited Jan. 28, 2022). Established under Title 42
U.S.C. § 217a, ACIP members are appointed by the Secretary of the Department of Health and Human Services and consist of a mix of
medical and public health experts from private industry and the public sector. There are 15 voting members (14 are industry experts
and one consumer member), 6 non-voting, ex-officio members consisting of specific federal government employees, and 30 non-voting
representatives from professional health care organizations.
2 Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), ACIP Recommendations,

available at https://www.cdc.gov/vaccines/acip/recommendations.html (last visited Jan. 28, 2022).
3 Id.
4 Centers for Disease Control and Prevention, Recommended Adult Immunization Schedule for Ages 19 Years or Older, United States,

2021, available at https://www.cdc.gov/vaccines/schedules/hcp/imz/adult.html (last visited Jan. 28, 2022). The schedule provides the
recommended age, as well as the administration intervals for vaccines that require multiple doses. Some vaccines are recommended
only for populations with special situations that put these individuals at higher risk.
5 College of Physicians of Philadelphia, The History of Vaccines: The Development of the Immunization Schedule, available at

http://www.historyofvaccines.org/content/articles/development-immunization-schedule (last visited Jan. 28, 2022).
6 Id. For a complete list of FDA-licensed vaccines, see U.S. Food & Drug Administration, Vaccines Licensed for Use in the United

States, (as of Dec. 1, 2021), available at https://www.fda.gov/vaccines-blood-biologics/vaccines/vaccines-licensed-use-united-states
(last visited Jan. 28, 2022).
STORAGE NAME: h1209.PPH                                                                                                          PAGE: 2
DATE: 2/1/2022
        health risks. 7 The Book includes the CDC’s most current travel health guidelines, including pre-travel
        vaccine recommendations and destination-specific health advice. The Book is authored by subject-
        matter experts both within and outside the CDC and the guidelines in the Book are evidence-based and
        supported by best practices. 8

        Vaccinations are recommended by the CDC to protect international travelers from illness and prevent
        the importation of infectious diseases across international borders. The Book recommends that persons
        traveling internationally should be up to date on all CDC-recommended vaccines. 9 Additionally, the
        Book may recommend additional vaccinations based on traveler’s destination and other factors.
        Examples of additional vaccines required for travelers based on the country of entry is yellow fever,
        meningococcal, and polio. 10 An example of a vaccine the CDC recommends travelers obtain to protect
        their health, even if they are not required for entry into the country, is the typhoid vaccine. 11

                 FDA Licensure and Emergency Use Authorization

        The United States Food and Drug Administration (FDA) oversees the safety, effectiveness, and quality
        of vaccines used in the United States. Once a vaccine is developed, the pre-clinical phase begins,
        which consists of laboratory research and testing on animals. If the pre-clinical phase shows the
        vaccine is likely to be safe and work well in humans, it is tested on humans through clinical trials. While
        clinical trials are underway, the FDA assesses the manufacturing process to ensure that the vaccine
        can be produced reliably and consistently. Once a manufacturing process is developed and pre-clinical
        and clinical trials are successfully completed, developers submit a Biologics License Application to the
        FDA, which includes details on the manufacturing process and data from pre-clinical and clinical trials.
        The FDA evaluates the application and decides whether to license the vaccine for use in the United
        States. The FDA continues to monitor and regulate vaccines and manufacturers after licensing. 12
        All vaccines must be licensed (approved) by the FDA in order to be marketed in the United States. 13
        However, during public health emergencies, the FDA may authorize vaccines for emergency use,
        which speeds up the process of bringing a vaccine to market. 14

        Emergency use authorization (EUA) allows the FDA to help strengthen the nation’s public health
        protections against chemical, biological, radiological, and nuclear threats including infectious diseases,
        by facilitating the availability and use of medical countermeasures need during public health
        emergencies. 15 Under section 564 of the Federal Food, Drug, and Cosmetic Act, 16 when the Secretary
        of the United States Department of Health and Human Services (HHS) declares that an emergency use
        authorization is appropriate, the FDA may authorize unapproved medical products or unapproved uses
        of approved medical products to be used in an emergency to diagnose, treat, or prevent serious life-
        threatening diseases or conditions caused by chemical, biological, radiological, and nuclear threats. 17

        Vaccine manufacturers seeking EUA must follow the same processes as a license applicant, but
        instead of submitting a license application, the manufacturer files for EUA. 18 The FDA expects all
        manufacturers who receive an EUA to pursue licensure. 19

7 Centers for Disease Control and Prevention. CDC Yellow Book 2020: Health Information for International Travel, available at

https://wwwnc.cdc.gov/travel/page/yellowbook-home (last visited Jan. 28, 2022).
8 Id.
9 Id.
10 Centers for Disease Control and Prevention, Travelers’ Health Most Frequently Asked Questions, available at

https://wwwnc.cdc.gov/travel/page/faq (last visited Jan. 28, 2022).
11 Id.
12 U.S. Food and Drug Administration, Vaccine Development – 101, https://www.fda.gov/vaccines-blood-biologics/development-

approval-process-cber/vaccine-development-101 (last visited Jan. 28, 2022).
13 U.S. Food and Drug Administration, Ensuring the Safety of Vaccines in the United States,

https://www.fda.gov/files/vaccines,%20blood%20&%20biologics/published/Ensuring-the-Safety-of-Vaccines-in-the-United-States.pdf
(last visited Jan. 28, 2022).
14 Food and Drug Administration, Emergency Use Authorization, https://www.fda.gov/emergency-preparedness-and-response/mcm-

legal-regulatory-and-policy-framework/emergency-use-authorization (last visited Jan. 28, 2022). Medical countermeasures are FDA-
regulated products (biologics, drugs, and devices) that may be used in the event of a public health emergency.
15 Id.
16 21 U.S.C. § 360bbb-3.
17 Supra, note 14. A determination that a public health emergency exists does not enable the FDA to issue EUAs.
18 Id.

STORAGE NAME: h1209.PPH                                                                                                    PAGE: 3
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        Practice of Pharmacy

                 Licensure

        Pharmacy is the third largest health profession behind nursing and medicine. 20 The Board of Pharmacy
        (Board), in conjunction with the Department of Health (DOH), regulates the practice of pharmacists
        pursuant to ch. 465, F.S. 21 To be licensed as a pharmacist, a person must: 22

             •   Complete an application and remit an examination fee;
             •   Be at least 18 years of age;
             •   Hold a degree from an accredited and approved school or college of pharmacy; 23
             •   Have completed a Board-approved internship; and
             •   Successfully complete the Board-approved examination.

        A pharmacist must complete at least 30 hours of Board-approved continuing education during each
        biennial renewal period. 24 Pharmacists who are certified to administer vaccines or epinephrine
        autoinjections must complete a 3-hour continuing education course on the safe and effective
        administration of vaccines and epinephrine injections as a part of the biennial licensure renewal. 25
        Pharmacists who administer long-acting antipsychotic medications must complete an approved 8-hour
        continuing education course as a part of the continuing education for biennial licensure renewal. 26

                 Scope of Practice

        In Florida, the practice of the profession of pharmacy includes: 27

             •   Compounding, dispensing, and consulting concerning contents, therapeutic values, and uses of
                 a medicinal drug;
             •   Consulting concerning therapeutic values and interactions of patent or proprietary preparations;
             •   Monitoring a patient’s drug therapy and assisting the patient in the management of his or her
                 drug therapy, including the review of the patient’s drug therapy and communication with the
                 patient’s prescribing health care provider or other persons specifically authorized by the patient,
                 regarding the drug therapy;
             •   Transmitting information from prescribers to their patients;
             •   Administering vaccines to adults; 28
             •   Administering epinephrine injections; 29 and
             •   Administering antipsychotic medications by injection. 30




19 U.S. Food and Drug Administration, Emergency Use Authorization for Vaccines Explained, https://www.fda.gov/vaccines-blood-

biologics/vaccines/emergency-use-authorization-vaccines-explained (last visited Jan. 28, 2022).
20 American Association of Colleges of Pharmacy, About AACP, available at https://www.aacp.org/about-aacp (last visited Jan. 28,

2022).
21 Sections 465.004 and 465.005, F.S.
22 Section 465.007, F.S. DOH may also issue a license by endorsement to a pharmacist who is licensed in another state upon meeting

the applicable requirements set forth in law and rule. See s. 465.0075, F.S.
23 If the applicant has graduated from a 4-year undergraduate pharmacy program of a school or college of pharmacy located outside

the United States, the applicant must demonstrate proficiency in English, pass the board-approved Foreign Pharmacy Graduate
Equivalency Examination, and complete a minimum of 500 hours in a supervised work activity program within Florida under the
supervision of a DOH-licensed pharmacist
24 Section 465.009, F.S.
25 Section 465.009(6), F.S.
26 Section 465.1893, F.S.
27 Section 465.003(13), F.S.
28 See s. 465.189, F.S.
29 Id.
30 Section 465.1893, F.S.

STORAGE NAME: h1209.PPH                                                                                                    PAGE: 4
DATE: 2/1/2022
                     Pharmacy Interns

         A pharmacy intern is a person enrolled in a college of pharmacy and actively pursuing a pharmacy
         degree. To become a pharmacy intern, a person must be certified by the Board as enrolled in an intern
         program at an accredited school or college of pharmacy or as a graduate of an accredited school or
         college of pharmacy and not yet licensed as a pharmacist in Florida. 31 The Board’s rules outline the
         registration process for pharmacy interns and the internship program requirements for U.S. pharmacy
         students or graduates and foreign pharmacy graduates. 32

         A pharmacist is responsible for any delegated act performed by a registered pharmacy intern employed
         or supervised by the pharmacist. 33

                     Pharmacy Technicians

         Pharmacy technicians assist, and work under the supervision of, licensed pharmacists. Section
         465.014, F.S., authorizes a licensed pharmacist to delegate to registered pharmacy technicians those
         duties, tasks, and functions that do not fall within the definition of the practice of the profession of
         pharmacy. Registered pharmacy technicians’ responsibilities include delegable tasks assigned by a
         pharmacist which do not require the technician to exercise independent professional judgment relating
         to the practice of pharmacy. 34 Examples include: retrieval of prescription files; data entry; counting,
         weighing, measuring, pouring, and mixing prescription medication; and acceptance of authorization for
         prescription renewals.

         A pharmacist is responsible for acts performed by persons under his or her supervision. 35

         Pharmacy technicians must be over the age of 17, registered with the Board, and complete a Board-
         approved training program to practice in this state. 36 The training program includes classroom study
         and clinical instruction on: 37

             •       Introduction to pharmacy and health care system;
             •       Pharmacy law;
             •       Pharmaceutical-medical terminology, abbreviations, and symbols;
             •       Records management and inventory control;
             •       Interpersonal relations, communications, and ethics; and
             •       Pharmaceutical calculations.

         Registered pharmacy technicians must complete 20 hours of biennial continuing education upon
         registration renewal. 38 Such continuing education must include subject matter on: 39

             •       Pharmacy technician practice areas and special health care problems;
             •       Biological, physical, behavioral and social sciences;
             •       The legal aspects of health care;
             •       Management and administration of health care personnel and patient care; and
             •       Teaching and learning processes of health care personnel and patient care.

         The Board specifies by rule certain acts that pharmacy technicians are prohibited from performing,
         which includes: 40

31 Section 465.013, F.S.
32 Rule 64B16-26.2032, F.A.C. (U.S. pharmacy students/graduates); Rule 64B16-26.2033, F.A.C. (foreign pharmacy graduates).
33 Rule 64B16-27.4001, F.A.C.
34 Rule, 64B16-27.420, F.A.C.
35 Rule 64B16-27.1001(7), F.A.C.
36 Section 465.014(2), F.S., and Rule 64B16-26.350, F.A.C.
37 Rule 64B16-26.351, F.A.C.
38 Section 465.014(6), F.S.
39 Rule 65B16-26.355, F.A.C.
40 Supra, note 34.

STORAGE NAME: h1209.PPH                                                                                                  PAGE: 5
DATE: 2/1/2022
             •    Receiving new verbal prescriptions or any change in the medication, strength, or directions;
             •    Interpreting a prescription or medication order for therapeutic acceptability and
                  appropriateness;
             •    Conducting a final verification of dosage and directions;
             •    Engaging in prospective drug review;
             •    Providing patient counseling;
             •    Transfer a prescription;
             •    Preparing copies of prescriptions or reading a prescription to any patient for the purpose of
                  providing reference to the treatment of the patient;
             •    Receiving therapy or blood product procedures permitted in a nuclear pharmacy;
             •    Monitoring prescription drug usage;
             •    Overriding clinical alerts without first notifying the pharmacist; and
             •    Engaging in any other act which requires a pharmacist’s professional judgment.

         Pharmacy technicians are not currently authorized by law to administer immunizations or vaccines.

                  Pharmacist Vaccine Administration

         Current law authorizes a pharmacist, or a registered pharmacy intern under the supervision of a
         certified pharmacist at a ratio of 1:1, to administer immunizations and vaccines to adults within an
         established protocol under a licensed supervising physician. 41 The protocol between the pharmacist
         and the supervising physician dictates which types of patients to whom the pharmacist may administer
         allowable vaccines. 42 The terms, scope, and conditions set forth in the protocol must be appropriate to
         the pharmacist’s training and certification. A supervising physician must review the administration of
         vaccines by the pharmacist. 43

         To be certified to administer vaccines, a pharmacist or registered pharmacy intern must successfully
         complete a Board-approved vaccine administration certification program. The certification program
         requires a pharmacist or registered intern to complete 20 hours of Board-approved continuing
         education that addresses: 44

             •    Mechanisms of action for vaccines, contraindications, drug interactions, and monitoring after
                  vaccine administration;
             •    Immunization schedules;
             •    Immunization screening questions, provision of risk/benefit information, informed consent,
                  recordkeeping, and electronic reporting into the state immunization registry;
             •    Vaccine storage and handling;
             •    Bio-hazardous waste disposal and sterile technique;
             •    Entering, negotiating, and performing pursuant to physician oversight protocols;
             •    Community immunization resources and programs;
             •    Identifying, managing and responding to adverse incidents including but not limited to potential
                  allergic reactions associated with vaccine administration;
             •    Procedures and policies for reporting to the Vaccine Adverse Event Reporting System;
             •    Reimbursement procedures and vaccine coverage by federal, state, and local governmental
                  jurisdictions and private third party payers;
             •    Administration techniques;
             •    Administration of epinephrine using an autoinjector delivery system;
             •    The April 30, 2021 CDC Recommended Adult Immunization Schedule;
             •    The immunizations or vaccines recommended for international travel as of April 30, 2021 found
                  in the CDC Health Information for International Travel (2020 Edition);


41 Section 468.189(1), F.S.
42 Section 465.189(7), F.S.
43 Id.
44 Rule 64B16-26.1031, F.A.C.

STORAGE NAME: h1209.PPH                                                                                      PAGE: 6
DATE: 2/1/2022
             •    State of emergency administration of immunizations or vaccines;
             •    Current law permitting a pharmacist to administer vaccinations and epinephrine; and
             •    CPR training.

         A pharmacist must also pass an examination and demonstrate vaccine administration technique. 45
         Pharmacists who are certified to administer vaccines must maintain at least $200,000 of professional
         liability insurance. 46 A pharmacist is permitted to administer epinephrine to treat any allergic reaction
         resulting from a vaccine.

         Current law restricts the vaccines a pharmacist may administer to adults to those vaccines listed in the
         April 30, 2021, CDC Recommended Adult Immunization Schedule. No additional vaccines have been
         added to such list since April 30, 2021.

         However, current law authorizes the Board to add additional vaccines a pharmacist may administer by
         rule. 47 The Board added the Meningococcal B vaccine in 2016 and the Zoster vaccine in 2018. 48 The
         Board may authorize pharmacists to administer vaccines in response to a declared state of
         emergency. 49

         Currently, 15,091 pharmacists and 3,802 pharmacy interns are certified to administer vaccines. 50

         Effect of Proposed Changes

         HB 1209 authorizes certified registered pharmacy technicians to administer vaccines to adults. To
         become certified, a registered pharmacy technician must have at least six hours of Board-approved or
         Accredited Council for Pharmacy Education-approved (ACPE) immunization-related training. The
         training curriculum must, at a minimum, include instruction on the safe and effective administration of
         vaccines and potential allergic reactions to such vaccines. Upon registration renewal, registered
         pharmacy technicians must have at least two hours of additional continuing education approved by the
         Board or ACPE.

         The bill requires registered pharmacy interns and registered pharmacy technicians who administer
         vaccines to adults to do so under the supervision of a certified pharmacist who has an established
         protocol with a supervising physician.

         The bill updates the authorized immunizations or vaccines that may be administered from those listed
         in the CDC Recommended Immunization Schedule for adults, the CDC’s Health Information for
         International Travel, and those licensed or authorized for emergency use by the FDA as of April 30,
         2021 to those listed or approved as of March 31, 2022. Such CDC-recommended vaccines, and
         vaccines licensed or authorized for emergency use by the FDA have not changed since April 30, 2021.
         However, vaccines may be added to the CDC-recommend lists for adults or authorized for emergency
         use by the FDA on or before March 31, 2022.

         The bill authorizes the Board to determine the number of technicians a pharmacist may supervise
         related to the administration of vaccines, but specifies the ratio must be one pharmacist to no more
         than six pharmacy technicians.

         The bill provides an effective date of July 1, 2022.

     B. SECTION DIRECTORY:
         Section 1:           Amends s. 465.014, F.S., relating to pharmacy technician.

45 Id.
46 Section 465.189(3), F.S.
47 Section 465.189, F.S.
48 Rule 64B16-27.630, F.A.C.
49 Section 465.189(1)(c), F.S.
50 E-mail from Gangul Gabadage, Legislative Planning Coordinator, Department of Health, Pharmacist Administered Vaccines dated

Jan. 28, 2022.
STORAGE NAME: h1209.PPH                                                                                                  PAGE: 7
DATE: 2/1/2022
        Section 2:        Amends s. 465.189, F.S., relating to administration of vaccines and epinephrine
                          autoinfection.
        Section 3:        Provides an effective date of July 1, 2022.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             None.

        2. Expenditures:
             DOH estimates 3 full-time equivalent (FTE) position will be needed to implement the provisions of
             the bill at a total cost of $170,674 ($156,727 recurring and $13,947 nonrecurring). 51

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
             None.

        2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        None.

    D. FISCAL COMMENTS:
        None.


                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
           Not applicable. The bill does not appear to affect county or municipal governments.

        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
        Current law and the bill provide sufficient rulemaking authority to implement the bill’s provisions.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                             IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




51 Department of Health Agency Analysis of 2022 House Bill 1209 (Jan. 28, 2022).
STORAGE NAME: h1209.PPH                                                                                        PAGE: 8
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           HB 1209                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to administration of vaccines;
    3                amending s. 465.014, F.S.; authorizing registered
    4                pharmacy technicians to administer specified vaccines
    5                under certain circumstances; providing requirements
    6                for registration renewal; amending s. 465.189, F.S.;
    7                authorizing certified pharmacists to administer
    8                specified vaccines under certain circumstances;
    9                revising the immunizations or vaccines that certified
10                   pharmacists, registered interns, and registered
11                   pharmacy technicians may administer; revising and
12                   providing continuing education requirements for
13                   registered pharmacy technicians; providing that the
14                   Board of Pharmacy may authorize by rule a staffing
15                   ratio for a registered pharmacy technician to
16                   administer certain immunizations or vaccines;
17                   providing an effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                   Section 1.       Subsections (7) and (8) of section 465.014,
22         Florida Statutes, are renumbered as subsections (8) and (9),
23         respectively, and a new subsection (7) is added to that section,
24         to read:
25                   465.014     Pharmacy technician.—

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        HB 1209                                                                                               2022




26                (7)       A registered pharmacy technician seeking to administer
27      vaccines under s. 465.189 must have at least 6 hours of
28      immunization-related training approved by the board or the
29      Accreditation Council for Pharmacy Education that shall, at a
30      minimum, have curriculum of instruction concerning the safe and
31      effective administration of such vaccines, including, but not
32      limited to, potential allergic reactions to such vaccines. As a
33      condition of registration renewal, a registered pharmacy
34      technician seeking to administer vaccines under s. 465.189 must
35      have at least 2 hours of continuing education approved by the
36      board or the Accreditation Council for Pharmacy Education in
37      addition to the biennial continuing education required in
38      subsection (6).
39                Section 2.       Subsections (1), (4), (5), and (7) of section
40      465.189, Florida Statutes, are amended to read:
41                465.189      Administration of vaccines and epinephrine
42      autoinjection.—
43                (1)       In accordance with guidelines of the Centers for
44      Disease Control and Prevention for each recommended immunization
45      or vaccine, a pharmacist who is certified under subsection (7)
46      may administer the following vaccines to an adult within the
47      framework of an established protocol under a supervising
48      physician licensed under chapter 458 or chapter 459. or A
49      registered intern or a registered pharmacy technician under the
50      supervision of a pharmacist who is certified under subsection

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        HB 1209                                                                                               2022




51      (7) may administer the following immunizations or vaccines to an
52      adult within the framework of an established protocol under a
53      supervising physician licensed under chapter 458 or chapter 459:
54                (a)       Immunizations or vaccines listed in the Adult
55      Immunization Schedule as of March 31, 2022 April 30, 2021, by
56      the United States Centers for Disease Control and Prevention.
57      The board may authorize by rule additional immunizations or
58      vaccines as they are added to the Adult Immunization Schedule.
59                (b)       Immunizations or vaccines recommended by the United
60      States Centers for Disease Control and Prevention for
61      international travel as of March 31, 2022 April 30, 2021. The
62      board may authorize by rule additional immunizations or vaccines
63      as they are recommended by the United States Centers for Disease
64      Control and Prevention for international travel.
65                (c)       Immunizations or vaccines licensed for use in the
66      United States, or which have been authorized for emergency use,
67      by the United States Food and Drug Administration as of March
68      31, 2022 April 30, 2021. The board may authorize by rule
69      additional immunizations or vaccines as they are so licensed or
70      authorized.
71                (d)       Immunizations or vaccines approved by the board in
72      response to a state of emergency declared by the Governor
73      pursuant to s. 252.36.
74
75      A registered intern who administers an immunization or vaccine

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         HB 1209                                                                                               2022




 76      under this subsection must be supervised by a certified
 77      pharmacist at a ratio of one pharmacist to one registered
 78      intern. The board may authorize by rule the ratio of one
 79      certified pharmacist to no more than six registered pharmacy
 80      technicians, specific to the administration of vaccines.
 81                (4)       A pharmacist may not enter into a protocol under a
 82      supervising physician licensed under chapter 458 or chapter 459
 83      or administer an immunization or vaccine under this section
 84      unless he or she maintains at least $200,000 of professional
 85      liability insurance and has completed training in administering
 86      vaccines authorized under this section.
 87                (5)       A pharmacist administering immunizations or vaccines
 88      under this section shall maintain and make available patient
 89      records using the same standards for confidentiality and
 90      maintenance of such records as those that are imposed on health
 91      care practitioners under s. 456.057. These records shall be
 92      maintained for a minimum of 5 years.
 93                (7)       Any pharmacist, or registered intern, or registered
 94      pharmacy technician seeking to administer vaccines under this
 95      section must be certified to administer such vaccines pursuant
 96      to a certification program approved by the board of Pharmacy in
 97      consultation with the Board of Medicine and the Board of
 98      Osteopathic Medicine. The certification program shall, at a
 99      minimum, require that the pharmacist attend at least 20 hours of
100      continuing education classes approved by the board and the

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         HB 1209                                                                                               2022




101      registered intern complete at least 20 hours of coursework
102      approved by the board. The registered pharmacy technician shall
103      have immunization-related training and continuing education as
104      provided in s. 465.014. The certification programs program
105      shall, at a minimum, have a curriculum of instruction concerning
106      the safe and effective administration of such vaccines,
107      including, but not limited to, potential allergic reactions to
108      such vaccines.
109                Section 3.       This act shall take effect July 1, 2022.




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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1209   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Professions & Public
2      Health Subcommittee
3      Representative Tuck offered the following:
4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    Subsections (7) and (8) of section 465.014,
 8     Florida Statutes, are renumbered as subsections (8) and (9),
 9     respectively, and a new subsection (7) is added to that section,
10     to read:
11          465.014    Pharmacy technician.—
12          (7)    A registered pharmacy technician seeking to administer
13     vaccines under s. 465.189 must be certified to administer such
14     vaccines pursuant to a certification program approved by the
15     Board of Pharmacy in consultation with the Board of Medicine and
16     the Board of Osteopathic Medicine. The certification program
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                                    Page 1 of 5
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1209   (2022)
       Amendment No. 1


17     must have at least 6 hours of immunization-related training
18     approved by the board that shall, at a minimum, have curriculum
19     of instruction concerning the safe and effective administration
20     of such vaccines, including, but not limited to, potential
21     allergic reactions to such vaccines. As a condition of
22     registration renewal, a registered pharmacy technician seeking
23     to administer vaccines under s. 465.189 must have at least 2
24     hours of continuing education approved by the board in addition
25     to the biennial continuing education required in subsection (6).
26          Section 2.   Subsections (1), (4), (5), and (7) of section
27     465.189, Florida Statutes, are amended to read:
28          465.189   Administration of vaccines and epinephrine
29     autoinjection.—
30          (1)   In accordance with guidelines of the Centers for
31     Disease Control and Prevention for each recommended immunization
32     or vaccine, a pharmacist who is certified under subsection (7),
33     or a registered intern or pharmacy technician under the
34     supervision of such a pharmacist, who is certified under
35     subsection (7) may administer the following immunizations or
36     vaccines to an adult within the framework of an established
37     protocol under a supervising physician licensed under chapter
38     458 or chapter 459:
39          (a)   Immunizations or vaccines listed in the Adult
40     Immunization Schedule as of March 31, 2022 April 30, 2021, by
41     the United States Centers for Disease Control and Prevention.
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1209    (2022)
       Amendment No. 1


42     The board may authorize by rule additional immunizations or
43     vaccines as they are added to the Adult Immunization Schedule.
44          (b)   Immunizations or vaccines recommended by the United
45     States Centers for Disease Control and Prevention for
46     international travel as of March 31, 2022 April 30, 2021. The
47     board may authorize by rule additional immunizations or vaccines
48     as they are recommended by the United States Centers for Disease
49     Control and Prevention for international travel.
50          (c)   Immunizations or vaccines licensed for use in the
51     United States, or which have been authorized for emergency use,
52     by the United States Food and Drug Administration as of March
53     31, 2022 April 30, 2021. The board may authorize by rule
54     additional immunizations or vaccines as they are so licensed or
55     authorized.
56          (d)   Immunizations or vaccines approved by the board in
57     response to a state of emergency declared by the Governor
58     pursuant to s. 252.36.
59
60     A registered intern who administers an immunization or vaccine
61     under this subsection must be supervised by a certified
62     pharmacist at a ratio of one pharmacist to one registered
63     intern.
64          (4)   A pharmacist may not enter into a protocol under a
65     supervising physician licensed under chapter 458 or chapter 459
66     or administer an immunization or vaccine under this section
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1209   (2022)
       Amendment No. 1


67     unless he or she maintains at least $200,000 of professional
68     liability insurance and has completed training in administering
69     vaccines authorized under this section.
70          (5)   A pharmacist administering immunizations or vaccines
71     under this section shall maintain and make available patient
72     records using the same standards for confidentiality and
73     maintenance of such records as those that are imposed on health
74     care practitioners under s. 456.057. These records shall be
75     maintained for a minimum of 5 years.
76          (7)   Any pharmacist, or registered intern, or registered
77     pharmacy technician seeking to administer vaccines under this
78     section must be certified to administer such vaccines pursuant
79     to a certification program approved by the board of Pharmacy in
80     consultation with the Board of Medicine and the Board of
81     Osteopathic Medicine. The certification program shall, at a
82     minimum, require that the pharmacist attend at least 20 hours of
83     continuing education classes approved by the board and the
84     registered intern complete at least 20 hours of coursework
85     approved by the board. The registered pharmacy technician shall
86     have immunization-related training and continuing education as
87     provided in s. 465.014. The certification programs program
88     shall, at a minimum, have a curriculum of instruction concerning
89     the safe and effective administration of such vaccines,
90     including, but not limited to, potential allergic reactions to
91     such vaccines.
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                                   Page 4 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1209   (2022)
        Amendment No. 1


92           Section 3.   This act shall take effect July 1, 2022.
93
94            -----------------------------------------------------
 95                        T I T L E   A M E N D M E N T
 96          Remove everything before the enacting clause and insert:
97      An act relating to administration of vaccines; amending s.
98      456.014, F.S.; authorizing registered pharmacy technicians to
99      administer specified vaccines under certain circumstances;
100     providing requirements for registration renewal; amending s.
101     465.189, F.S.; authorizing certified pharmacists to administer
102     specified vaccines under certain circumstances; revising the
103     immunizations or vaccines that certified pharmacists, registered
104     interns, and registered pharmacy technicians may administer;
105     revising and providing continuing education requirements for
106     registered pharmacy technicians; providing an effective date.




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                                    Page 5 of 5
HB 1521
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1521               Professional Counselors Licensure Compact
SPONSOR(S): Koster
TIED BILLS: HB 1523                   IDEN./SIM. BILLS:            CS/SB 358

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Government Operations Subcommittee

  3) Health Care Appropriations Subcommittee

  4) Health & Human Services Committee

                                              SUMMARY ANALYSIS
Current law allows a Florida-licensed health care practitioner, a practitioner licensed under a multistate health
care licensure compact of which Florida is a member, or a registered out-of-state-health care provider to
provide health care services to Florida patients via telehealth. It does not allow health care practitioners,
including Florida licensed clinical social workers, marriage and family therapists, and mental health counselors,
to use telehealth to provide services to out-of-state patients.

The Professional Counselors Licensure Compact (PCLC) is an interstate compact, which is an agreement
between states to enact legislation and enter into a contract for a specific, limited purpose. In 2020, the
National Center for Interstate Compacts adopted model legislation for the compact which authorizes both
telehealth and in-person practice across state lines in compact states.

The compact establishes the Psychology Interjurisdictional Compact Commission (commission), made up of
each party state’s representative of the state licensing board. The commission is responsible for administering
the compact. The compact becomes effective on the date of enactment by the tenth state and currently has
two member states. HB 1521 enacts the PCLC and authorizes Florida to enter into the compact. The
Department of Health must notify the Division of Law Revision when the compact is enacted into law by ten
states.

Professional counselors licensed in compact states may apply to other compact states for the privilege to
practice through either telehealth or in-person. Thus, under the compact a Florida licensed clinical social
worker, marriage and family therapist, or mental health counselor is eligible to provide services to out-of-state
patients through either telehealth or in-person. It also allows out-of-state licensed professional counselors in
compact states to provide services to Florida patients through telehealth and in-person.

The compact requires all participating states to report certain licensure information to a data system, including
identifying information, licensure data, and adverse actions taken against a professional counselor’s license or
practice privileges in a compact state. Such information is public under the compact unless a compact state
designates the information it contributes to the data system as confidential, prohibiting disclosure to the public
without express permission of the reporting state.

The bill has a significant, negative fiscal impact on DOH and no fiscal impact on local governments.

The bill is effective upon enactment of the Professional Counselors Licensure Compact into law by ten states.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1521.PPH
DATE: 2/1/2022
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Health Care Professional Shortage

         There is currently a health care provider shortage in the U.S. 1 This shortage is predicted to continue
         into the foreseeable future and will likely worsen with the aging and growth of the U.S. population 2 and
         the passage of the Patient Protection and Affordable Care Act. 3 Aging populations create a
         disproportionately higher health care demand. 4 Additionally, as more individuals qualify for health care
         benefits, there will necessarily be a greater demand for more health care professionals to provide these
         services.

         According to the U.S. Health Resources and Services Administration (HRSA), the U.S. will experience
         a 7% increase in demand for mental health counselors by 2030, producing a shortage of approximately
         6,870 mental health counselors nationwide. 5 In Florida, HRSA estimates a shortage of 3,400 mental
         health counselors by 2030. 6 Exacerbated by the COVID-19 pandemic, the American Academy of
         Pediatrics declared a national state of emergency in children’s mental health, creating a need for more
         mental health professionals and increased access to such. 7

         Mental Health Counselor Licensure in Florida

         A mental health counselor is an individual who uses scientific and applied behavioral science theories,
         methods, and techniques to describe, prevent, and treat undesired behavior and enhance mental
         health and human development and is based on research and theory in personality, family, group, and
         organizational dynamics and development, career planning, cultural diversity, human growth and
         development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and
         rehabilitation. 8 To qualify for licensure as a mental health counselor, an individual must: 9


1 For example, as of December 31, 2021, the U.S. Department of Health and Human Services has designated 7,613 Primary Care

Health Professional Shortage Area (HPSA) (requiring 15,184 additional primary care physicians to eliminate the shortage), 6,803
Dental HPSAs (requiring 11,181 additional dentists to eliminate the shortage), and 6,078 Mental Health HPSAs (requiring 6,851
additional mental health providers to eliminate the shortage). U.S. Department of Health and Human Services, Designated Health
Professional Shortage Areas Statistics (Jan. 1, 2022), https://data.hrsa.gov/Default/GenerateHPSAQuarterlyReport (last visited Jan. 30,
2022).
2 According to the U.S. Census Bureau, the U.S population is expected to increase by almost 100 million between 2014 and 2060, and

by 2030, one in five Americans is projected to be 65 and over. Sandra L. Colby & Jennifer M. Ortman, U.S. Census Bureau, Projections
of the Size and Composition of the U.S.Population: 2014 to 2060 (March 2015),
https://www.census.gov/content/dam/Census/library/publications/2015/demo/p25-1143.pdf (last visited Jan. 30, 2022).
3 U.S. Dep’t of Health and Human Services, Department of Health and Human Services Strategic Plan: Goal 1: Strengthen Health

Care, available at http://www.hhs.gov/secretary/about/goal5.html (last visited on Jan. 22, 2022).
4 One analysis measured current primary care utilization (office visits) and projected the impact of population increases, aging, and

insured status changes. The study found that the total number of office visits to primary care physicians will increase from 462 million in
2008 to 565 million in 2025, and (because of aging) the average number of visits will increase from 1.60 to 1.66. The study concluded
that the U.S. will require 51,880 additional primary care physicians by 2025. (Petterson, Stephen M., et al., “Projecting U.S. Primary
Care Physician Workforce Needs: 2010-2025,” Annals of Family Medicine, vol. 10, No. 6 (November/December 2012), available at
http://www.annfammed.org/content/10/6/503.full.pdf+html (last visited on Jan. 30, 2022).
5 Health Resources Services Administration, Behavioral Health Workforce Projections, 2016-2030: Clinical, Counseling and School

Psychologists, https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/data-research/psychologists-2018.pdf (last visited Jan.
30, 2022).
6 Health Resources Services Administration, State-Level Projections of Supply and Demand for Behavioral Health Occupations: 2016-

2030 (September 2018), https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/data-research/state-level-estimates-report-
2018.pdf (last visited Jan. 30, 2022).
7 American Academy of Pediatrics, AAP-AACAP-CHA Declaration of a National Emergency in Child and Adolescent Mental Health,

https://www.aap.org/en/advocacy/child-and-adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-
emergency-in-child-and-adolescent-mental-health/ (last visited Jan. 22, 2022).
8 Sections 491.003(6) and (9), F.S.
9 Section 491.005(4), F.S.

STORAGE NAME: h1521.PPH                                                                                                           PAGE: 2
DATE: 2/1/2022
               •    Have a master’s degree from a mental health counseling program accredited by CACREP, or a
                    program related to the practice of mental health counseling that includes coursework and a 700-
                    hour practicum, internship, or fieldwork of which at least 280 hours must be in direct client
                    services;
               •    Have at least two years of post-master’s supervised clinical experience in mental health
                    counseling;
               •    Pass an examination from the Professional Examination Service for the National Academy of
                    Certified Clinical Mental Health Counselors; and
               •    Pass an eight-hour course on Florida laws and rules approved by the Board of Clinical Social
                    Work, Marriage and Family Therapy, and Mental Health Counseling. 10

          Telehealth

          A Florida-licensed health care practitioner, a practitioner licensed under a multistate health care
          licensure compact of which Florida is a member, 11 or a registered out-of-state-health care provider to
          provide health care services to Florida patients via telehealth. 12 Current law sets the standard of care
          for telehealth providers at the same level as the standard of care for health care practitioners or health
          care providers providing in-person health care services to patients in this state. This ensures that a
          patient receives the same standard of care irrespective of the modality used by the health care
          professional to deliver the services. A patient receiving telehealth services may be in any location at the
          time services are rendered and a telehealth provider may be in any location when providing telehealth
          services to a patient. 13

          Under current law, in-state and out-of-state licensed or registered health care practitioners may use
          telehealth to provide health care services to patients physically located in Florida. The law does not
          allow health care practitioners, including Florida licensed mental health counselors, to use telehealth to
          provide services to out-of-state patients.

          Sovereign Immunity

          Sovereign immunity generally bars lawsuits against the state or its political subdivisions for torts
          committed by an officer, employee, or agent of such governments unless the immunity is expressly
          waived. The Florida Constitution recognizes that the concept of sovereign immunity applies to the state,
          although the state may waive its immunity through an enactment of general law. 14

          In 1973, the Legislature enacted s. 768.28, F.S., a partial waiver of sovereign immunity, allowing
          individuals to sue state government and its subdivisions. 15 According to subsection (1), individuals may
          sue the government under circumstances where a private person "would be liable to the claimant, in
          accordance with the general laws of [the] state . . . . " Section 768.28(5), F.S., imposes a $200,000 limit
          on the government's liability to a single person, and a $300,000 total limit on liability for claims arising
          out of a single incident.




10 Section 491.005(4), F.S., and r. 64B4-3.0035, F.A.C.
11 Florida is a member of the Nurse Licensure Compact. See s. 464.0095, F.S.
12 S. 456.47(4), F.S.
13 S. 456.47(2), F.S.
14 Fla. Const. art. X, s. 13.
15 Chapter 73-313, L.O.F., codified at s. 768.28, F.S.

STORAGE NAME: h1521.PPH                                                                                        PAGE: 3
DATE: 2/1/2022
         Impaired Practitioner Program

         The impaired practitioner treatment program was created to provide resources to assist health care
         practitioners who are impaired as a result of the misuse or abuse of alcohol or drugs, or both, or a
         mental or physical condition which could affect the practitioners’ ability to practice with skill and
         safety. 16 For a profession that does not have a program established within its individual practice act,
         DOH is required to designate an approved program by rule. 17 By rule, DOH designates the approved
         program by contract with a consultant to initiate intervention, recommend evaluation, refer impaired
         practitioners to treatment providers, and monitor the progress of impaired practitioners. The impaired
         practitioner program may not provide medical services. 18

         Interstate Compacts

         An interstate compact is an agreement between two or more states to address common problems or
         issues, create an independent, multistate governmental authority, or establish uniform guidelines,
         standards or procedures for the compact’s member states. 19 Article 1, Section 10, Clause 3 (Compact
         Clause) of the U.S. Constitution authorizes states to enter into agreements with each other, without the
         consent of Congress. However, the case law has provided that not all interstate agreements are subject
         to congressional approval, but only those that may encroach on the federal government’s power. 20
         Florida is a party to multiple interstate compacts, including the Nurse Licensure Compact, 21 Driver’s
         License Compact, 22 Compact on Adoption and Medical Assistance, 23 and the Interstate Compact on
         Educational Opportunity for Military Children. 24

         Professional Counselors Licensure Compact

         The Professional Counselors Licensure Compact (PCLC) was created by the National Center for
         Interstate Compacts as an interstate compact which authorizes professional counselors to practice via
         telehealth and in-person across state lines in compact states. 25 The compact establishes the
         Counseling Compact Commission (Commission) made up of member states which is responsible for
         creating and finalizing rules and enforcing the compact. Licensed professional counselors must obtain
         the privilege to practice from other compact states in order to provide services to clients in such
         states. 26 Nothing in the compact is to be construed as a waiver of sovereign immunity. The PCLC
         currently has two member states (Georgia and Maryland). 27




16 Section 456.076, F.S. The provisions of s. 456.076, also apply to veterinarians under s. 474.221, F.S. and radiological personnel

under s. 486.315, F.S.
17 Section 456.076(1), F.S.
18 Rule 64B31-10.001(1)(a), F.A.C.
19 National Center for Interstate Compacts, What Are Interstate Compacts?, https://compacts.csg.org/compacts/ (last visited Jan. 30,

2022).
20 For example, see Virginia v. Tennessee, 148 U.S. 503 (1893), New Hampshire v. Maine, 426 U.S. 363 (1976)
21 Section 464.0095, F.S.
22 Section 322.44, F.S.
23 Section 409.406, F.S.
24 Section 1000.36, F.S.
25 Counseling Compact, Counseling Compact Finalized, https://counselingcompact.org/first-post/ (last visited Jan. 30, 2022).
26 Counseling Compact, Counseling Compact Model Legislation (Dec. 2020), https://counselingcompact.org/wp-

content/uploads/2021/06/Final_Counseling_Compact_With_Cover.pdf (last visited Jan. 30, 2022).
27 Counseling Compact, Map, https://counselingcompact.org/map/ (last visited Jan. 30, 2022).

STORAGE NAME: h1521.PPH                                                                                                         PAGE: 4
DATE: 2/1/2022
        The compact is arranged in 15 sections and addresses the following issues: 28

                Purpose (Section 1)

        The primary purposes of the PCLC are:

            •   Provide for the mutual recognition of other compact state licenses;
            •   Enhance states’ abilities to protect the public’s health and safety;
            •   Encourage the cooperation of member states in regulating multistate practice for licensed
                professional counselors;
            •   Support active duty military personnel and their spouses;
            •   Enhance the exchange of licensure, investigative, and disciplinary information among member
                states;
            •   Allow for the use of telehealth to increase access to counseling services;
            •   Support the uniformity of professional counseling licensure requirements throughout states;
            •   Eliminate the necessity for licenses in multiple states; and
            •   Facilitate interstate practice by licensed professional counselors who meet uniform
                requirements.

                Definitions (Section 2)

        The compact provides definitions for terms used in the model legislation.




28 Supra, note 26.
STORAGE NAME: h1521.PPH                                                                               PAGE: 5
DATE: 2/1/2022
               State Participation in the Compact (Section 3)

       To participate in the compact, a state must:

           •   License and regulate professional counselors;
           •   Require passage of a commission-approved, nationally recognized exam;
           •   Require licensees to meet specified educational and post graduate professional experience
               standards;
           •   Have a mechanism in place for receiving and investigating complaints;
           •   Participate in the Commission’s data system;
           •   Notify the commission of any adverse action or the availability of investigative information
               regarding a licensee;
           •   Implement a process for considering the criminal history of applicants;
           •   Comply with the rules of the Commission;
           •   Require applicants to obtain or retain a license in his or her home state and meet the home
               state’s qualifications for licensure or renewal of licensure; and
           •   Provide for the state’s representative to the commission to attend the commission meetings.

       Additionally, compact states are authorized to charge a fee for granting the privilege to practice.
       Licensed professional counselors may only utilize the compact if their home state joins the compact.

               Obtaining a New Home State License Based on a Privilege to Practice (Section 5)

       The PCLC requires a professional counselor to hold a home state license in only one compact state at
       a time. A licensee who moves from one compact state to another compact state may obtain a new,
       expedited home state license in the new state of residence if he or she holds a privilege to practice in
       the new state. A licensee must complete a new background screening, any required state-level
       background check, and any other requirements to obtain licensure in the new home state.

       If a professional counselor moves from a non-compact state to a compact state, or from a compact
       state to a non-compact state, he or she must apply for licensure in the new state under such state’s
       requirements. Licensees may hold more multiple state licenses, but only the license tied to his or her
       primary state of residence serves as the home state license under the compact.

               Active Duty Military Personnel or Their Spouses (Section 6)

       The PCLC allows an active duty service member or his or her spouse to designate a home state where
       he or she has a current license in good standing, which serves as the home state for the duration of the
       service member’s active duty.

               Compact Privilege to Practice Telehealth (Section 7)

       The PCLC establishes providing telehealth services to patients in remote states as a privilege to
       practice. Professional counselors practicing via telehealth in a remote state must follow the laws and
       regulations of the remote state.

               Adverse Actions (Section 8)

       Only the home state has the power to take adverse action against a professional counselor’s home
       state license. The compact authorizes remote states to take adverse actions against a licensed
       professional counselor’s privilege to practice within that compact state and issue subpoenas for
       witnesses and evidence from other compact states. Under the compact, compact states are authorized
       to initiate joint investigations of licensees and must share investigative materials in furtherance of a joint
       investigation initiated under the compact. Adverse actions must be reported to the data system which
       alerts the home state of such action. Compact states are authorized to take adverse actions based on
       the factual findings of a remote state.

STORAGE NAME: h1521.PPH                                                                                       PAGE: 6
DATE: 2/1/2022
       If a licensee changes his or her home state while under active investigation of the former home state,
       the former home state must complete the investigation, take appropriate action under its laws, and
       report its findings to the data system.

       Nothing in the compact overrides a compact state’s decision to require a licensee to participate in an
       alternative program in lieu of adverse action.

               Establishment of Counseling Compact Commission (Section 9)

       The compact establishes the Counseling Compact Commission. Each compact state has one delegate
       selected by that state’s licensing board. The delegate must be a current member or an administrator of
       the licensing board. The Commission must establish term limits, a code of ethics, bylaws, rules, and a
       budget in order to carry out the compact. The Commission must elect an executive committee of up to
       11 members, at least seven of which must be from the Commission and up to four must be ex-officio,
       nonvoting members from recognized national professional counselor organizations. All Commission
       meetings must be open to the public except for when the Commission must discuss:

           •   Noncompliance of a compact state with its obligations under the compact;
           •   The employment, compensation, discipline, or other personnel matters, practices, or procedures
               related to specific employees or other matters related to the Commission’s internal personnel
               practices and procedure;
           •   Current, threatened, or reasonably anticipated litigation;
           •   Contract negotiations for the purchase or sale of goods, services, or real estate;
           •   Accusing a person of a crime or formally censuring a person;
           •   Disclosure of trade secrets or commercial or financial information that is privileged or
               confidential;
           •   Disclosure of information of a personal nature where disclosure would constitute a clearly
               unwarranted invasion of personal privacy if disclosed to the public;
           •   Disclosure of active investigatory records compiled for law enforcement purposes;
           •   Disclosure of information related to any reports prepared by or on behalf of the commission for
               the purpose of investigation for compliance with the compact; and
           •   Matters specifically exempted from disclosure by federal law or the laws of any party state.

       Commission members are immune from liability related to their positions except in cases of wanton
       misconduct.

               Data System (Section 10)

       The compact requires all compact states to share licensee information. Compact states must submit a
       uniform dataset to the data system on all counselors to whom the compact applies, as required by the
       rules of the Commission. The data system allows for expedited sharing of adverse action or significant
       investigative information against professional counselors with privilege to practice under the compact.
       Data system information must be expunged according to the laws of the reporting compact state.

               Rulemaking (Section 11)

       The PCLC provides rulemaking authority to the Commission. Rules and amendments to the rules
       passed by the Commission are binding on the party states as of the effective date specified in each rule
       or amendment.

       Prior to the promulgation and adoption of a rule, and at least 30 days in advance, the Commission must
       provide notice of the meeting at which the rule is to be considered and voted upon. The notice must be
       posted on the Commission’s website and the website of the licensing board of each member state, or
       the publication in which each state would otherwise publish proposed rules, and include:

               •   The time, date, and location of the meeting;
               •   The text of the proposed rule or amendment,
STORAGE NAME: h1521.PPH                                                                                  PAGE: 7
DATE: 2/1/2022
               •   A request for comment from interested persons; and
               •   The manner in which interested persons may submit comments.

       The public may submit written comments, which must be made publicly available, prior to the adoption
       of the proposed rule. The Commission must hold a public hearing before it adopts a rule if requested
       by:

           •   At least 25 people;
           •   A state or federal governmental entity; or
           •   An association having at least 25 members.

       If a hearing is held, the Commission must publish the place, time, and date of the scheduled public
       hearing. Anyone wishing to speak at the hearing must notify the Executive Director of the Commission,
       or another designated member, within five business days before the hearing. Hearings must be
       conducted in a manner that provides fair and reasonable opportunity for the public to comment orally or
       in writing. Transcripts of hearings are not required unless a written request is made. All hearings must
       be recorded and a copy of the recording must be made available upon request. Rules may be grouped
       together in the same hearing for convenience of the Commission.

       Following the hearing, the Commission must consider all comments received from the public. A majority
       vote of the Commission is required for adoption of rules and the Commission may decide the effective
       date of the rule.

       The commission has the authority to consider and adopt emergency rules, without prior notice, if there
       is an imminent threat to public health, safety, or welfare; to prevent a loss of funds of the commission or
       a party state; or to meet a deadline for the promulgation of an administrative rule that is required by
       federal law.

               Oversight, Dispute Resolution, and Enforcement (Section 12)

       The executive, legislative, and judicial branches of state government in each compact state is charged
       with enforcing the compact and must take any necessary action to effectuate its purpose and intent.
       The Commission is entitled to receive service of process relating to its powers, responsibilities, or
       actions, and may intervene in any proceeding affecting such.

       If a party state defaults in the performance of its duties or responsibilities under the compact, the
       Commission must notify the defaulting state, as well as other party states, in writing of the nature of the
       default and proposed cure of the default. The Commission will also provide remedial training and
       technical assistance related to the default. If the defaulting state fails to cure the default, the
       Commission may terminate its membership in the compact, upon majority affirmative vote of the
       majority of the administrators. The Commission must notify the governor and the majority and minority
       leaders of the defaulting state’s legislature, as well as all compact states, of its intent to suspend or
       terminate the state’s membership in the compact. However, termination of membership is to only be
       imposed after all other means of compliance have been exhausted.

       A termination of membership in the compact may be appealed by petitioning the U.S. District Court for
       the District of Columbia or the federal district in which the compact’s principal office is located. The
       compact’s principal office is located in Lexington, Kentucky. The Commission may also bring an action
       in federal court against a defaulting state to enforce compliance with the provisions of the compact. The
       Commission may seek injunctive relief, damages, or any other remedies available under state or
       federal law. A prevailing party in either action is entitled to court costs and reasonable attorneys’ fees.

       In the event that a dispute arises between party states, the Commission will attempt to resolve such
       disputes.

               Date of Implementation of the Counseling Compact Commission and Associated Rules,
               Withdrawal, and Amendment (Section 13)
STORAGE NAME: h1521.PPH                                                                                    PAGE: 8
DATE: 2/1/2022
       The compact takes effect on the date of enactment by the tenth state. States that join after such date
       are subject to the rules of the Commission as they exist on the date when the compact becomes law in
       that state.

       To withdraw from the PCLC, a state must enact a statute repealing the compact. Such withdrawal does
       not take effect until six months after the enactment of the repealing legislation. Any adverse actions or
       investigations that occur prior to the effective date of a withdrawal must be reported as required under
       the compact.

       The compact may be amended by the party states; however, an amendment will not be effective until it
       is enacted into the laws of all compact states.

              Construction and Severability (Section 14)

       This compact is to be liberally construed to effectuate its purposes. The PCLC contains a severability
       clause that provides that if the entire compact is found to be held contrary to the constitution of any
       state member thereto, the compact shall remain in full force and effect as to the remaining compact
       states.

              Binding Effect of Compact and Other Laws (Section 15)

       This section reiterates that licensees must adhere to the laws and regulations, including scope of
       practice, of the state in which they are practicing. The compact requires that all rules and bylaws of the
       Commission are binding on compact states. In the event of a conflict between a law of a compact state
       and the compact, the state law is superseded to the extent of the conflict.

       Effect of the Bill

       Professional Counselors Licensure Compact

       HB 1521 enacts the Professional Counselors Licensure Compact (see description of compact
       provisions in the Background section) and authorizes Florida to enter into the compact with all other
       jurisdictions that have legally joined the compact. This allows an eligible Florida licensed clinical social
       workers, marriage and family therapists, and mental health counselors to provide services to out-of-
       state patients through either telehealth or in-person across compact states. It also allows out-of-state
       licensed professional counselors in compact states to provide services to Florida patients through
       telehealth and in-person.

       The bill amends current law to allow compact implementation. It requires DOH to report any significant
       investigation information relating to a professional counselor’s practicing under the compact to the data
       system. It requires counselors practicing under the compact to withdraw from all practice under the
       compact if the psychologist in an impaired practitioner program. It requires the Board of Clinical Social
       Work, Marriage and Family Therapy, and Mental Health Counseling (Board) to appoint an individual to
       serve on the Commission and exempts out-of-state licensed clinical social workers, marriage and
       family therapists, and mental health counselors who practice under the compact from licensure
       requirements in this state. The bill authorizes the Board to take adverse action against a mental health
       counselor’s authority to practice under the compact and impose disciplinary actions for violation of
       prohibited acts.

       The bill makes conforming changes to statute to reference the compact and the requirements under the
       compact. The bill does not require changes to Florida’s licensure and license renewal requirements.

       Sovereign Immunity

       The bill provides that an individual of the Board, when serving as the state administrator of the
       compact, and any administrator, officer, executive director, employee, or representative of the
STORAGE NAME: h1521.PPH                                                                                      PAGE: 9
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         commission, when acting within the scope of their employment, duties, or responsibilities in this state, is
         considered an agent of the state. The bill also requires the Commission to pay any claims or judgments
         up to the statutory waived amount of sovereign immunity and authorizes it to maintain insurance
         coverage to pay any such claims or judgements.

         The bill is effective upon enactment of the Professional Counselors Licensure Compact into law by ten
         states

     B. SECTION DIRECTORY:
         Section 1:       Creates s. 491.017, F.S., relating to Professional Counselors Licensure Compact.
         Section 2:       Amends s. 456.073, F.S., relating to disciplinary proceedings.
         Section 3:       Amends s. 456.076, F.S., relating to impaired practitioner programs.
         Section 4:       Amends s. 491.004, F.S., relating to Board of Clinical Social Work, Marriage and Family
                          Therapy, and Mental Health Counseling.
         Section 5:       Amends s. 491.005, F.S., relating to licensure by examination.
         Section 6:       Amends s. 491.006, F.S., relating to licensure by endorsement.
         Section 7:       Amends s. 491.009, F.S., relating to discipline.
         Section 8:       Amends s. 768.28, F.S., relating to waiver of sovereign immunity in tort actions; recovery
                          limits; civil liberty for damages caused during a riot; limitation on attorney fees; statute of
                          limitation; exclusions; indemnification; risk management programs.
         Section 9:       Requires DOH to notify the Division of Law Revision upon enactment of the Professional
                          Counselors Licensure Compact into law by 10 states.
         Section 10:      Provides the bill shall take effect upon enactment of the Professional Counselors
                          Licensure Compact into law by 10 states.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             The compact allows states to collect fees for granting privilege to practice under the compact. If
             DOH chooses to collects such fees, a fee bill is needed.

         2. Expenditures:
             DOH estimates 1 full-time equivalent (FTE) position will be needed to implement the provisions of
             the bill at a total cost of $56,892 ($44,314/Salary, $12,272/Expense, and $306/Human
             Resources). 29

             DOH may also experience an increase in cost related to annual membership with the PCLC,
             additional complaints and investigations, rulemaking, and updating licensure systems, which can be
             absorbed within current resources. 30

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

29 Department of Health Agency Analysis of 2022 House Bill 1521 (Jan. 25, 2022).
30 Id.

STORAGE NAME: h1521.PPH                                                                                          PAGE: 10
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         Applicants for the Florida Interstate Licensed Professional Counselors compact will be required to pay
         a fee to participate in the compact, as well as incurring cost for a background check. 31

     D. FISCAL COMMENTS:
         None.

                                                            III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. The bill does not appear to affect county or municipal governments.

         2. Other:
            As discussed below in the section entitled, “RULE-MAKING AUTHORITY,” the bill delegates
            authority to the commission to adopt rules that facilitate and coordinate the implementation and
            administration of the Psychology Interjurisdictional Compact.

            If enacted into law, the state will effectively bind itself to rules not yet adopted by the commission.
            The Florida Supreme Court has held that while it is within the province of the Legislature to adopt
            federal statutes enacted by Congress and rules promulgated by federal administrative bodies that
            are in existence at the time the Legislature acts, it is an unconstitutional delegation of legislative
            power to prospectively adopt federal statutes not yet enacted by Congress and rules not yet
            promulgated by federal administrative bodies. 3233 Under this holding, the constitutionality of the bill’s
            adoption of prospective rules might be questioned, and there does not appear to be binding Florida
            case law that squarely address this issue in the context of interstate compacts.

            The most recent opportunity Florida courts have had to address this issue appears to be in
            Department of Children and Family Services v. L.G., involving the Interstate Compact for the
            Placement of Children (ICPC). 34 The First District Court of Appeal considered an argument that the
            regulations adopted by the Association of Administrators of the Interstate Compact were binding and
            that the lower court’s order permitting a mother and child to relocate to another state was in violation
            of the ICPC. The court denied the appeal and held that the Association’s regulations did not apply as
            they conflicted with the ICPC and the regulations did not apply to the facts of the case.

            The court also references language in the ICPC that confers to its compact administrators the “power
            to promulgate rules and regulations to carry out more effectively the terms and provisions of this
            compact.” 35 The court states that “the precise legal effect of the ICPC compact administrators’
            regulations in Florida is unclear,” but noted that it did not need to address the question to decide the
            case. 36 However, in a footnote, the court provided:

                  Any regulations promulgated before Florida adopted the ICPC did not, of course, reflect
                  the vote of a Florida compact administrator, and no such regulations were ever
                  themselves enacted into law in Florida. When the Legislature did adopt the ICPC, it did
                  not (and could not) enact as the law of Florida or adopt prospectively regulations then
                  yet to be promulgated by an entity not even covered by the Florida Administrative
                  Procedure Act. See Freimuth v. State, 272 So.2d 473, 476 (Fla.1972); Fla. Indus.

31 Id.
32 Freimuth v. State, 272 So.2d 473, 476 (Fla. 1972) (quoting Fla. Ind. Comm’n v. State ex rel. Orange State Oil Co., 155 Fla. 772

(1945).
33 This prohibition is based on the separation of powers doctrine, set forth in Article II, Section 3 of the Florida Constitution, which has

been construed in Florida to require the Legislature, when delegating the administration of legislative programs, to establish the
minimum standards and guidelines ascertainable by reference to the enactment creating the program. See Avatar Development Corp.
v. State, 723 So.2d 199 (Fla. 1998).
34 801 So.2d 1047 (Fla. 1st DCA 2001).
35 Id at 1052.
36 Id.

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                  Comm'n v. State ex rel. Orange State Oil Co., 155 Fla. 772, 21 So.2d 599, 603 (1945)
                  (“[I]t is within the province of the legislature to approve and adopt the provisions of
                  federal statutes, and all of the administrative rules made by a federal administrative
                  body, that are in existence and in effect at the time the legislature acts, but it would be
                  an unconstitutional delegation of legislative power for the legislature to adopt in advance
                  any federal act or the ruling of any federal administrative body that Congress or such
                  administrative body might see fit to adopt in the future.”); Brazil v. Div. of Admin., 347
                  So.2d 755, 757–58 (Fla. 1st DCA 1977), disapproved on other grounds by LaPointe
                  Outdoor Adver. v. Fla. Dep't of Transp., 398 So.2d 1370, 1370 (Fla.1981). The ICPC
                  compact administrators stand on the same footing as federal government administrators
                  in this regard. 37

            In accordance with the discussion provided by the court in this above-cited footnote, it may be
            argued that the bill’s delegation of rule-making authority to the commission is similar to the
            delegation to the ICPC compact administrators, and thus, could constitute an unlawful delegation of
            legislative authority. This case, however, does not appear to be binding as precedent as the court’s
            footnote discussion is dicta. 38

     B. RULE-MAKING AUTHORITY:
         The bill authorizes the Commission to adopt rules to facilitate and coordinate the implementation and
         administration of the compact. The compact specifies that the rules have the force and effect of law and
         are binding in all compact states. If a compact state fails to meet its obligations under the compact or
         the promulgated rules, the state may be subject to remedial training, alternative dispute resolution,
         suspension, termination, or legal action.

     C. DRAFTING ISSUES OR OTHER COMMENTS:
         The bill includes mental health counselors licensed under ch. 491, F.S., as licensed professional
         counselors. The model compact legislation does not contain this language and the compact requires
         states to adopt the model langue in its entirety in order to utilize the compact. Additionally, this
         language excludes clinical social workers and marriage and family therapists, who are also licensed
         under ch. 491, F.S., from the privilege to practice under the compact.


                               IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




37 Id.
38 Dicta are statements of a court that are not essential to the determination of the case before it and are not a part of the law of the

case. Dicta has no biding legal effect and is without force as judicial precedent. 12A FLA JUR. 2D Courts and Judges s. 191 (2015).
STORAGE NAME: h1521.PPH                                                                                                             PAGE: 12
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           HB 1521                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to Professional Counselors Licensure
    3                Compact; creating s. 491.017, F.S.; creating the
    4                Professional Counselors Licensure Compact; providing
    5                purposes and objectives; defining terms; specifying
    6                requirements for state participation in the compact;
    7                specifying duties of member states; specifying that
    8                the compact does not affect an individual's ability to
    9                apply for, and a member state's ability to grant, a
10                   single state license pursuant to the laws of that
11                   state; providing construction; providing for
12                   recognition of the privilege to practice licensed
13                   professional counseling in member states; specifying
14                   criteria a licensed professional counselor must meet
15                   for the privilege to practice under the compact;
16                   providing for the expiration and renewal of the
17                   privilege to practice; providing construction;
18                   specifying that a licensee with a privilege to
19                   practice in a remote state must adhere to the laws and
20                   rules of that state; authorizing member states to act
21                   on a licensee's privilege to practice under certain
22                   circumstances; specifying the consequences and
23                   parameters of practice for a licensee whose privilege
24                   to practice has been acted on or whose home state
25                   license is encumbered; specifying that a licensed

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26                professional counselor may hold a home state license
27                in only one member state at a time; specifying
28                requirements and procedures for changing a home state
29                license designation; providing construction;
30                authorizing active duty military personnel or their
31                spouses to keep their home state designation during
32                active duty; specifying how such individuals may
33                subsequently change their home state license
34                designation; providing for the recognition of the
35                practice of professional counseling through telehealth
36                in member states; specifying that licensees must
37                adhere to the laws and rules of the remote state in
38                which they provide professional counseling through
39                telehealth; authorizing member states to take adverse
40                actions against licensees and issue subpoenas for
41                hearings and investigations under certain
42                circumstances; providing requirements and procedures
43                for adverse action; authorizing member states to
44                engage in joint investigations under certain
45                circumstances; providing that a licensee's privilege
46                to practice must be deactivated in all member states
47                for the duration of an encumbrance imposed by the
48                licensee's home state; providing for notice to the
49                data system and the licensee's home state of any
50                adverse action taken against a licensee; providing

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51                construction; establishing the Counseling Compact
52                Commission; providing for the jurisdiction and venue
53                for court proceedings; providing construction;
54                providing for membership, meetings, and powers of the
55                commission; specifying powers and duties of the
56                commission's executive committee; providing for the
57                financing of the commission; providing commission
58                members, officers, executive directors, employees, and
59                representatives immunity from civil liability under
60                certain circumstances; providing exceptions; requiring
61                the commission to defend the commission's members,
62                officers, executive directors, employees, and
63                representative in civil actions under certain
64                circumstances; providing construction; requiring the
65                commission to indemnify and hold harmless such
66                individuals for any settlement or judgment obtained in
67                such actions under certain circumstances; providing
68                for the development of the data system, reporting
69                procedures, and the exchange of specified information
70                between member states; requiring the commission to
71                notify member states of any adverse action taken
72                against a licensee or applicant for licensure;
73                authorizing member states to designate as confidential
74                information provided to the data system; requiring the
75                commission to remove information from the data system

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 76                under certain circumstances; providing rulemaking
 77                procedures for the commission; providing for member
 78                state enforcement of the compact; specifying that the
 79                compact and commission rules have standing as
 80                statutory law in member states; specifying that the
 81                commission is entitled to receive notice of process,
 82                and has standing to intervene, in certain judicial and
 83                administrative proceedings; rendering certain
 84                judgments and orders void as to the commission, the
 85                compact, or commission rules under certain
 86                circumstances; providing for defaults and termination
 87                of compact membership; providing procedures for the
 88                resolution of certain disputes; providing for
 89                commission enforcement of the compact; providing for
 90                remedies; providing construction; providing for
 91                implementation of, withdrawal from, and amendment to
 92                the compact; providing construction; specifying that
 93                licensees practicing in a remote state under the
 94                compact must adhere to the laws and rules of the
 95                remote state; providing construction; specifying that
 96                the compact, commission rules, and commission actions
 97                are binding on member states; providing construction
 98                and severability; amending s. 456.073, F.S.; requiring
 99                the Department of Health to report certain
100                investigative information to the data system; amending

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101                s. 456.076, F.S.; requiring monitoring contracts for
102                impaired practitioners participating in treatment
103                programs to contain certain terms; amending s.
104                491.004, F.S.; requiring the Board of Clinical Social
105                Work, Marriage and Family Therapy, and Mental Health
106                Counseling to appoint an individual to serve as the
107                state's delegate on the commission; amending ss.
108                491.005 and 491.006, F.S.; exempting certain persons
109                from licensure requirements; amending s. 491.009,
110                F.S.; authorizing certain disciplinary action under
111                the compact for specified prohibited acts; amending s.
112                768.28, F.S.; designating the state delegate and other
113                members or employees of the commission as state agents
114                for the purpose of applying waivers of sovereign
115                immunity; requiring the commission to pay certain
116                claims or judgments; authorizing the commission to
117                maintain insurance coverage to pay such claims or
118                judgments; requiring the department to notify the
119                Division of Law Revision upon enactment of the compact
120                into law by 10 states; providing a contingent
121                effective date.
122
123      Be It Enacted by the Legislature of the State of Florida:
124
125                Section 1.       Section 491.017, Florida Statutes, is created

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         HB 1521                                                                                               2022




126      to read:
127                491.017      Professional Counselors Licensure Compact. —The
128      Professional Counselors Licensure Compact is hereby enacted and
129      entered into by this state with all other jurisdictions legally
130      joining therein in the form substantially as follows:
131
132                                                  ARTICLE I
133                                                    PURPOSE
134                The compact is designed to achieve the following purposes
135      and objectives:
136                (1)       Facilitate interstate practice of licensed
137      professional counseling to increase public access to
138      professional counseling services by providing for the mutual
139      recognition of other member state licenses.
140                (2)       Enhance the member states' ability to protect the
141      public's health and safety.
142                (3)       Encourage the cooperation of member states in
143      regulating multistate practice of licensed professional
144      counselors.
145                (4)       Support spouses of relocating active duty military
146      personnel.
147                (5)       Facilitate the exchange of information between member
148      states regarding licensure, investigations, adverse actions, and
149      disciplinary history of licensed professional counselors.
150                (6)       Allow for the use of telehealth technology to

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151      facilitate increased access to professional counseling services.
152                (7)       Support the uniformity of professional counseling
153      licensure requirements throughout member states to promote
154      public safety and public health benefits.
155                (8)       Provide member states with the authority to hold a
156      licensed professional counselor accountable for meeting all
157      state practice laws in the state in which the client is located
158      at the time care is rendered through the mutual recognition of
159      member state licenses.
160                (9)       Eliminate the necessity for licensed professional
161      counselors to hold licenses in multiple states and provide
162      opportunities for interstate practice by licensed professional
163      counselors who meet uniform licensure requirements.
164
165                                                 ARTICLE II
166                                                 DEFINITIONS
167                As used in this compact, the term:
168                (1)       "Active duty military" means full-time duty status in
169      the active uniformed service of the United States, including,
170      but not limited to, members of the National Guard and Reserve on
171      active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
172                (2)       "Adverse action" means any administrative, civil, or
173      criminal action authorized by a state's laws which is imposed by
174      a licensing board or other authority against a licensed
175      professional counselor, including actions against an

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176      individual's license or privilege to practice, such as
177      revocation, suspension, probation, monitoring of the licensee,
178      limitation on the licensee's practice, issuance of a cease a nd
179      desist action, or any other encumbrance on licensure affecting a
180      licensed professional counselor's authorization to practice.
181                (3)       "Alternative program" means a nondisciplinary
182      monitoring or practice remediation process approved by a
183      professional counseling licensing board to address impaired
184      practitioners.
185                (4)       "Continuing education" means a requirement, as a
186      condition of license renewal, to participate in or complete
187      educational and professional activities relevant to the
188      licensee's practice or area of work.
189                (5)       "Counseling Compact Commission" or "commission" means
190      the national administrative body whose membership consists of
191      all states that have enacted the compact.
192                (6)       "Current significant investigative information" means:
193                (a)       Investigative information that a licensing board,
194      after a preliminary inquiry that includes notification and an
195      opportunity for the licensed professional counselor to respond,
196      if required by state law, has reason to believe is not
197      groundless and, if proved true, would indicate more than a minor
198      infraction; or
199                (b)       Investigative information that indicates that the
200      licensed professional counselor represents an immediate threat

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201      to public health and safety, regardless of whether the licensed
202      professional counselor has been notified and had an opportunity
203      to respond.
204                (7)        "Data system" means a repository of information about
205      licensees, including, but not limited to, information relating
206      to continuing education, examinations, licensure statuses,
207      investigations, the privilege to practice, and adverse actions.
208                (8)        "Encumbered license" means a license in which an
209      adverse action restricts the practice of licensed professional
210      counseling by the licensee and said adverse action has been
211      reported to the National Practitioner Data Bank.
212                (9)        "Encumbrance" means a revocation or suspension of, or
213      any limitation on, the full and unrestricted practice of
214      licensed professional counseling by a licensing board.
215                (10)       "Executive committee" means a group of directors
216      elected or appointed to act on behalf of, and within the powers
217      granted to them by, the commission.
218                (11)       "Home state" means the member state that is the
219      licensee's primary state of residence.
220                (12)       "Impaired practitioner" means an individual who has a
221      condition that may impair his or her ability to safely practice
222      as a licensed professional counselor without intervention. Such
223      impairment may include, but is not limited to, alcohol or drug
224      dependence, mental health conditions, and neurological or
225      physical conditions.

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226                (13)       "Investigative information" means information,
227      records, or documents received or generated by a professional
228      counseling licensing board pursuant to an investigation.
229                (14)       "Jurisprudence requirement," if required by a member
230      state, means the assessment of an individual's knowledge of the
231      laws and rules governing the practice of professional counseling
232      in a state.
233                (15)       "Licensed professional counselor" means a mental
234      health counselor licensed under chapter 491 or a counselor
235      licensed by a member state, regardless of the title used by that
236      state, to independently assess, diagnose, and treat behavioral
237      health conditions.
238                (16)       "Licensee" means an individual who currently holds an
239      authorization from the state to practice as a licensed
240      professional counselor.
241                (17)       "Licensing board" means the agency of a state, or
242      equivalent, that is responsible for the licensing and regulation
243      of licensed professional counselors.
244                (18)       "Member state" means a state that has enacted the
245      compact.
246                (19)       "Privilege to practice" means a legal authorization,
247      which is equivalent to a license, authorizing the practice of
248      professional counseling in a remote state.
249                (20)       "Professional counseling" means the assessment,
250      diagnosis, and treatment of behavioral health conditions by a

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251      licensed professional counselor.
252                (21)       "Remote state" means a member state, other than the
253      home state, where a licensee is exercising or seeking to
254      exercise the privilege to practice.
255                (22)       "Rule" means a regulation adopted by the commission
256      which has the force of law.
257                (23)       "Single state license" means a licensed professional
258      counselor license issued by a member state which authorizes
259      practice only within the issuing state and does not include a
260      privilege to practice in any other member state.
261                (24)       "State" means any state, commonwealth, district, or
262      territory of the United States of America which regulates the
263      practice of professional counseling.
264                (25)       "Telehealth" means the application of
265      telecommunication technology to deliver professional counseling
266      services remotely to assess, diagnose, and treat behavioral
267      health conditions.
268                (26)       "Unencumbered license" means a license that
269      authorizes a licensed professional counselor to engage in the
270      full and unrestricted practice of professional counseling.
271
272                                                  ARTICLE III
273                                              STATE PARTICIPATION
274                (1)        To participate in the compact, a state must currently
275      do all of the following:

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276                (a)       License and regulate licensed professional counselors.
277                (b)       Require licensees to pass a nationally recognized exam
278      approved by the commission.
279                (c)       Require licensees to have a 60 semester hour, or 90
280      quarter hour, master's degree in counseling or 60 semester
281      hours, or 90 quarter hours, of graduate coursework including all
282      of the following topic areas:
283                1.    Professional counseling orientation and ethical
284      practice.
285                2.    Social and cultural diversity.
286                3.    Human growth and development.
287                4.    Career development.
288                5.    Counseling and helping relationships.
289                6.    Group counseling and group work.
290                7.    Diagnosis, assessment, testing, and treatment.
291                8.    Research and program evaluation.
292                9.    Other areas as determined by the commission.
293                (d)       Require licensees to complete a supervised
294      postgraduate professional experience as defined by the
295      commission.
296                (e)       Have a mechanism in place for receiving and
297      investigating complaints about licensees.
298                (2)       A member state shall do all of the following:
299                (a)       Participate fully in the commission's data system,
300      including using the commission's unique identifier as defined in

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301      rules adopted by the commission.
302                (b)       Notify the commission, in compliance with the terms of
303      the compact and rules adopted by the commission, of any adverse
304      action or the availability of investigative information
305      regarding a licensee.
306                (c)       Implement or utilize procedures for considering the
307      criminal history records of applicants for an initial privilege
308      to practice. These procedures must include the submission of
309      fingerprints or other biometric-based information by applicants
310      for the purpose of obtaining an applicant's criminal history
311      record information from the Federal Bureau of Investigation and
312      the agency responsible for retaining that state's criminal
313      records.
314                1.    A member state must fully implement a criminal
315      background check requirement, within a timeframe established by
316      rule, by receiving the results of the Federal Bureau of
317      Investigation record search and shall use the results in making
318      licensure decisions.
319                2.    Communication between a member state and the commission
320      and among member states regarding the verification of
321      eligibility for licensure through the compact may not include
322      any information received from the Federal Bureau of
323      Investigation relating to a federal criminal records check
324      performed by a member state under Public Law 92-544.
325                (d)       Comply with the rules adopted by the commission.

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326                (e)       Require an applicant to obtain or retain a license in
327      the home state and meet the home state's qualifications for
328      licensure or renewal of licensure, as well as all other
329      applicable state laws.
330                (f)       Grant the privilege to practice to a licensee holding
331      a valid unencumbered license in another member state in
332      accordance with the terms of the compact and rules adopted by
333      the commission.
334                (g)       Provide for the attendance of the state's commissioner
335      at the commission meetings.
336                (3)       Individuals not residing in a member state may
337      continue to apply for a member state's single state license as
338      provided under the laws of each member state. However, the
339      single state license granted to these individuals may not be
340      recognized as granting a privilege to practice professional
341      counseling under the compact in any other member state.
342                (4)       Nothing in this compact affects the requirements
343      established by a member state for the issuance of a single state
344      license.
345                (5)       A professional counselor license issued by a home
346      state to a resident of that state must be recognized by each
347      member state as authorizing that licensed professional counselor
348      to practice professional counseling, under a privilege to
349      practice, in each member state.
350

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351                                                 ARTICLE IV
352                                         PRIVILEGE TO PRACTICE
353                (1)       To exercise the privilege to practice under the terms
354      and provisions of the compact, the licensee must meet all of the
355      following criteria:
356                (a)       Hold a license in the home state.
357                (b)       Have a valid United States Social Security Number or
358      national provider identifier.
359                (c)       Be eligible for a privilege to practice in any member
360      state in accordance with subsections (4), (7), and (8).
361                (d)       Have not had any encumbrance or restriction against
362      any license or privilege to practice within the preceding 2
363      years.
364                (e)       Notify the commission that the licensee is seeking the
365      privilege to practice within a remote state.
366                (f)       Meet any continuing education requirements established
367      by the home state.
368                (g)       Meet any jurisprudence requirements established by the
369      remote state in which the licensee is seeking a privilege to
370      practice.
371                (h)       Report to the commission any adverse action,
372      encumbrance, or restriction on a license taken by any nonmember
373      state within 30 days after the action is taken.
374                (2)       The privilege to practice is valid until the
375      expiration date of the home state license. The licensee must

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376      continue to meet the criteria specified in subsection (1) to
377      renew the privilege to practice in the remote state.
378                (3)       For purposes of the compact, the practice of
379      professional counseling occurs in the state where the client is
380      located at the time of the counseling services. The compact does
381      not affect the regulatory authority of states to protect public
382      health and safety through their own system of state licensure.
383                (4)       A licensee providing professional counseling in a
384      remote state under the privilege to practice must adhere to the
385      laws and regulations of the remote state.
386                (5)       A licensee providing professional counseling services
387      in a remote state is subject to that state's regulatory
388      authority. A remote state may, in accordance with due process
389      and that state's laws, remove a licensee's privilege to practice
390      in the remote state for a specified period of time, impose
391      fines, or take any other action necessary to protect the health
392      and safety of its residents. The licensee may be ineligible for
393      a privilege to practice in any member state until the specific
394      time for removal has passed and all fines are paid.
395                (6)       If a home state license is encumbered, a licensee
396      loses the privilege to practice in any remote state until both
397      of the following conditions are met:
398                (a)       The home state license is no longer encumbered.
399                (b)       The licensee has not had any encumbrance or
400      restriction against any license or privilege to practice within

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401      the preceding 2 years.
402                (7)       Once an encumbered license in the licensee's home
403      state is restored to good standing, the licensee may obtain a
404      privilege to practice in any remote state if he or she meets the
405      requirements of subsection (1).
406                (8)       If a licensee's privilege to practice in any remote
407      state is removed, the individual may lose the privilege to
408      practice in all other remote states until all of the following
409      conditions are met:
410                (a)       The specified period of time for which the privilege
411      to practice was removed has ended.
412                (b)       The licensee has paid all fines imposed.
413                (c)       The licensee has not had any encumbrance or
414      restriction against any license or privilege to practice within
415      the preceding 2 years.
416                (9)       Once the requirements of subsection (8) have been met,
417      the licensee may obtain a privilege to practice in a remote
418      state if he or she meets the requirements in subsection (1).
419
420                                                  ARTICLE V
421                      OBTAINING A NEW HOME STATE LICENSE BASED ON A
422                                         PRIVILEGE TO PRACTICE
423                (1)       A licensed professional counselor may hold a home
424      state license, which allows for a privilege to practice in other
425      member states, in only one member state at a time.

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426                (2)       If a licensed professional counselor changes his or
427      her primary state of residence by moving between two member
428      states, then the licensed professional counselor must file an
429      application for obtaining a new home state license based on a
430      privilege to practice and notify the current and new home state
431      in accordance with applicable rules adopted by the commission.
432                (3)       Upon receipt of an application for obtaining a new
433      home state license based on a privilege to practice, the new
434      home state must verify that the licensed professional counselor
435      meets the criteria outlined in article IV through the data
436      system. The new home state does not need to seek primary source
437      verification for information obtained from the data system,
438      except for the following:
439                (a)       A Federal Bureau of Investigation fingerprint -based
440      criminal background check, if not previously performed or
441      updated pursuant to applicable rules adopted by the commission
442      in accordance with Public Law 92-544;
443                (b)       Any other criminal background check as required by the
444      new home state; and
445                (c)       Proof of completion of any requisite jurisprudence
446      requirements of the new home state.
447                (4)       The former home state shall convert the former home
448      state license into a privilege to practice once the new home
449      state has activated the new home state license in accordance
450      with applicable rules adopted by the commission.

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451                (5)       Notwithstanding any other provision of the compact, if
452      the licensed professional counselor does not meet the criteria
453      in article IV, the new home state may apply its own requirements
454      for issuing a new single state license.
455                (6)       If a licensed professional counselor changes his or
456      her primary state of residence by moving from a member state to
457      a nonmember state or from a nonmember state to a member state,
458      the new state's own criteria apply for issuance of a single
459      state license in the new state.
460                (7)       The compact does not interfere with a licensee's
461      ability to hold a single state license in multiple states.
462      However, for the purposes of the compact, a licensee may have
463      only one home state license.
464                (8)       The compact does not affect the requirements
465      established by a member state for the issuance of a single state
466      license.
467
468                                                 ARTICLE VI
469                      ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES
470                Active duty military personnel, or their spouse, shall
471      designate a home state where the individual has a current
472      license in good standing. The individual may retain the home
473      state license designation during the period the service member
474      is on active duty. Subsequent to designating a home state, the
475      individual may change his or her home state only through

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476      application for licensure in the new state or through the
477      process outlined in article V.
478
479                                                  ARTICLE VII
480                            COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
481                (1)       Member states shall recognize the right of a licensed
482      professional counselor, licensed by a home state in accordance
483      with article III and under rules adopted by the commission, to
484      practice professional counseling in any member state through
485      telehealth under a privilege to practice as provided in the
486      compact and rules adopted by the commission.
487                (2)       A licensee providing professional counseling services
488      in a remote state through telehealth under the privilege to
489      practice must adhere to the laws and rules of the remote state.
490
491                                                  ARTICLE VIII
492                                                 ADVERSE ACTIONS
493                (1)       In addition to the other powers conferred by state
494      law, a remote state has the authority, in accordance with
495      existing state due process law, to do any of the following:
496                (a)       Take adverse action against a licensed professional
497      counselor's privilege to practice within that member state.
498                (b)       Issue subpoenas for both hearings and investigations
499      that require the attendance and testimony of witnesses or the
500      production of evidence. Subpoenas issued by a licensing board in

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501      a member state for the attendance and testimony of witnesses or
502      the production of evidence from another member state must be
503      enforced in the latter state by any court of competent
504      jurisdiction, according to the practice and procedure of that
505      court applicable to subpoenas issued in proceedings pending
506      before it. The issuing authority shall pay any witness fees,
507      travel expenses, mileage, and other fees required by the service
508      statutes of the state in which the witnesses or evidence is
509      located.
510                (2)       Only the home state has the power to take adverse
511      action against a licensed professional counselor's license
512      issued by the home state.
513                (3)       For purposes of taking adverse action, the home state
514      shall give the same priority and effect to reported conduct
515      received from a member state as it would if the conduct had
516      occurred within the home state. The home state shall apply its
517      own state laws to determine appropriate action in such cases.
518                (4)       The home state shall complete any pending
519      investigations of a licensed professional counselor who changes
520      primary state of residence during the course of the
521      investigations. The home state may also take appropriate action
522      and shall promptly report the conclusions of the investigations
523      to the administrator of the data system. The administrator of
524      the data system shall promptly notify the new home state of any
525      adverse actions.

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526                (5)       A member state, if authorized by state law, ma y
527      recover from the affected licensed professional counselor the
528      costs of investigations and dispositions of any cases resulting
529      from adverse action taken against that licensed professional
530      counselor.
531                (6)       A member state may take adverse action against a
532      licensed professional counselor based on the factual findings of
533      a remote state, provided that the member state follows its own
534      statutory procedures for taking adverse action.
535                (7)(a)      In addition to the authority granted to a member
536      state by its respective professional counseling practice act or
537      other applicable state law, any member state may participate
538      with other member states in joint investigations of licensees.
539                (b)       Member states shall share any investigative,
540      litigation, or compliance materials in furtherance of any joint
541      or individual investigation initiated under the compact.
542                (8)       If adverse action is taken by the home state against
543      the license of a professional counselor, the licensed
544      professional counselor's privilege to practice in all other
545      member states must be deactivated until all encumbrances have
546      been removed from the home state license. All home state
547      disciplinary orders that impose adverse action against the
548      license of a professional counselor must include a statement
549      that the licensed professional counselor's privilege to practice
550      is deactivated in all member states while the order is in

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551      effect.
552                (9)        If a member state takes adverse action, it must
553      promptly notify the administrator of the data system. The
554      administrator shall promptly notify the licensee's home state of
555      any adverse actions by remote states.
556                (10)       Nothing in the compact overrides a member state's
557      decision to allow a licensed professional counselor to
558      participate in an alternative program in lieu of adverse action.
559
560                                                  ARTICLE IX
561                       ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
562                (1)        COMMISSION CREATED.—The compact member states hereby
563      create and establish a joint public agency known as the
564      Counseling Compact Commission.
565                (a)        The commission is an instrumentality of the compact
566      states.
567                (b)        Venue is proper, and judicial proceedings by or
568      against the commission shall be brought solely and exclusively
569      in a court of competent jurisdiction where the principal office
570      of the commission is located. The commission may waive venue and
571      jurisdictional defenses to the extent that it adopts or consents
572      to participate in alternative dispute resolution proceedings.
573                (c)        Nothing in the compact may be construed to be a waiver
574      of sovereign immunity.
575                (2)        MEMBERSHIP.—

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576                (a)       The commission shall consist of one voting delegate,
577      appointed by each member state's licensing board. The
578      commission, by rule, shall establish a term of office for
579      delegates and may establish term limits.
580                (b)       The delegate must be either:
581                1.    A current member of the licensing board at the time of
582      appointment, who is a licensed professional counselor or public
583      member; or
584                2.    An administrator of the licensing board.
585                (c)       A delegate may be removed or suspended from office as
586      provided by the law of the state from which the delegate is
587      appointed.
588                (d)       The member state licensing board must fill any vacancy
589      occurring on the commission within 60 days.
590                (e)       Each delegate is entitled to one vote with regard to
591      the adoption of rules and creation of bylaws and shall otherwise
592      participate in the business and affairs of the commission.
593                (f)       A delegate shall vote in person or by such other means
594      as provided in the bylaws. The bylaws may provide for delegates'
595      participation in meetings by telephone or other means of
596      communication.
597                (3)       MEETINGS OF THE COMMISSION.—
598                (a)       The commission shall meet at least once during each
599      calendar year. Additional meetings must be held as set forth in
600      the bylaws.

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601                (b)       All meetings must be open to the public, and public
602      notice of meetings must be given in the same manner as required
603      under the rulemaking provisions in article XI.
604                (c)       The commission or the executive committee or other
605      committees of the commission may convene in a closed, nonpublic
606      meeting if the commission or executive committee or other
607      committees of the commission must discuss any of the following:
608                1.    Noncompliance of a member state with its obligations
609      under the compact.
610                2.    The employment, compensation, discipline, or other
611      matters, practices, or procedures related to specific employees,
612      or other matters related to the commission's internal personnel
613      practices and procedures.
614                3.    Current, threatened, or reasonably anticipated
615      litigation.
616                4.    Negotiation of contracts for the purchase, lease, or
617      sale of goods, services, or real estate.
618                5.    Accusing any person of a crime or formally censuring
619      any person.
620                6.    Disclosure of trade secrets or commercial or financial
621      information that is privileged or confidential.
622                7.    Disclosure of information of a personal nature if
623      disclosure would constitute a clearly unwarranted invasion of
624      personal privacy.
625                8.    Disclosure of investigative records compiled for law

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626      enforcement purposes.
627                9.    Disclosure of information related to any investigative
628      reports prepared by or on behalf of or for use of the commission
629      or other committee charged with responsibility of investigation
630      or determination of compliance issues pursuant to the compact.
631                10.       Matters specifically exempted from disclosure by
632      federal or member state law.
633                (d)       If a meeting, or portion of a meeting, is closed under
634      this subsection, the commission's legal counsel or designee must
635      certify that the meeting may be closed and must reference each
636      relevant exempting provision.
637                (e)       The commission shall keep minutes that fully and
638      clearly describe all matters discussed in a meeting and shall
639      provide a full and accurate summary of actions taken, and the
640      reasons therefore, including a description of the views
641      expressed. All documents considered in connection with an action
642      must be identified in such minutes. All minutes and documents of
643      a closed meeting must remain under seal, subject to release by a
644      majority vote of the commission or order of a court of competent
645      jurisdiction.
646                (4)       POWERS.—The commission may do any of the following:
647                (a)       Establish the fiscal year of the commission.
648                (b)       Establish bylaws.
649                (c)       Maintain its financial records in accordance with the
650      bylaws.

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651                (d)       Meet and take actions that are consistent with the
652      compact and bylaws.
653                (e)       Adopt rules that are binding to the extent and in the
654      manner provided for in the compact.
655                (f)       Initiate and prosecute legal proceedings or actions in
656      the name of the commission, provided that the standing of any
657      state licensing board to sue or be sued under applicable law is
658      not affected.
659                (g)       Purchase and maintain insurance and bonds.
660                (h)       Borrow, accept, or contract for services of personnel,
661      including, but not limited to, employees of a member state.
662                (i)       Hire employees and elect or appoint officers; fix
663      compensation for, define duties of, and grant appropriate
664      authority to such employees and officers to carry out the
665      purposes of the compact; and establish the commission's
666      personnel policies and programs relating to conflicts of
667      interest, qualifications of personnel, and other related
668      personnel matters.
669                (j)       Accept any and all appropriate donations and grants of
670      money, equipment, supplies, materials, and services, and
671      receive, utilize, and dispose of the same, provided that at all
672      times the commission avoids any appearance of impropriety or
673      conflict of interest.
674                (k)       Lease, purchase, accept appropriate gifts or donations
675      of, or otherwise own, hold, improve, or use, any property, real,

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676      personal, or mixed, provided that at all times the commission
677      avoids any appearance of impropriety or conflict of interest.
678                (l)       Sell, convey, mortgage, pledge, lease, exchange,
679      abandon, or otherwise dispose of any property, real, personal,
680      or mixed.
681                (m)       Establish a budget and make expenditures.
682                (n)       Borrow money.
683                (o)       Appoint committees, including standing committees
684      consisting of commission members, state regulators, state
685      legislators or their representatives, and consumer
686      representatives, and such other interested persons as may be
687      designated in the compact and bylaws.
688                (p)       Provide information to, receive information from, and
689      cooperate with law enforcement agencies.
690                (q)       Establish and elect an executive committee.
691                (r)       Perform any other function that may be necessary or
692      appropriate to achieve the purposes of the compact and is
693      consistent with the state regulation of professional counseling
694      licensure and practice.
695                (5)       THE EXECUTIVE COMMITTEE.—
696                (a)       The executive committee may act on behalf of the
697      commission according to the terms of the compact and shall
698      consist of up to 11 members, as follows:
699                1.    Seven voting members who are elected by the commission
700      from the current membership of the commission.

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701                2.    Up to four ex officio, nonvoting members from four
702      recognized national professional counselor organizations. The ex
703      officio members shall be selected by their respective
704      organizations.
705                (b)       The commission may remove any member of the executive
706      committee as provided in its bylaws.
707                (c)       The executive committee shall meet at least annually.
708                (d)       The executive committee shall do all of the following:
709                1.    Make recommendations to the commission for any changes
710      to the rules, bylaws, or compact legislation.
711                2.    Ensure compact administration services are
712      appropriately provided, contractually or otherwise.
713                3.    Prepare and recommend the budget.
714                4.    Maintain financial records on behalf of the commission.
715                5.    Monitor compact compliance of member states and provide
716      compliance reports to the commission.
717                6.    Establish additional committees as necessary.
718                7.    Perform any other duties provided for in the rules or
719      bylaws.
720                (6)       FINANCING OF THE COMMISSION.—
721                (a)       The commission shall pay, or provide for the payment
722      of, the reasonable expenses of its establishment, organization,
723      and ongoing activities.
724                (b)       The commission may accept any appropriate revenue
725      sources, donations, or grants of money, equipment, supplies,

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726      materials, or services.
727                (c)       The commission may not incur obligations of any kind
728      before securing the funds adequate to meet the same; nor may the
729      commission pledge the credit of any of the member states, except
730      by and with the authority of the member state.
731                (d)       The commission shall keep accurate accounts of all
732      receipts and disbursements. The receipts and disbursements of
733      the commission are subject to the audit and accounting
734      procedures established under its bylaws. However, all receipts
735      and disbursements of funds handled by the commission must be
736      audited annually by a certified or licensed public accountant,
737      and the report of the audit must be included in and become part
738      of the annual report of the commission.
739                (7)       QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
740                (a)       The members, officers, executive director, employees,
741      and representatives of the commission are immune from suit and
742      liability, either personally or in their official capacity, for
743      any claim for damage to or loss of property or personal injury
744      or other civil liability caused by or arising out of any actual
745      or alleged act, error, or omission that occurred, or that the
746      person against whom the claim is made had a reasonable basis for
747      believing occurred, within the scope of commission employment,
748      duties, or responsibilities. This paragraph may not be construed
749      to protect any such person from suit or liability for any
750      damage, loss, injury, or liability caused by the intentional or

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751      willful or wanton misconduct of that person.
752                (b)       The commission shall defend any member, officer,
753      executive director, employee, or representative of the
754      commission in any civil action seeking to impose liability
755      arising out of any actual or alleged act, error, or omission
756      that occurred, or that the person against whom the claim is made
757      had a reasonable basis for believing occurred, within the scope
758      of commission employment, duties, or responsibilities, provided
759      that the actual or alleged act, error, or omission did not
760      result from that person's intentional or willful or wanton
761      misconduct. This paragraph may not be construed to prohibit that
762      person from retaining his or her own counsel.
763                (c)       The commission shall indemnify and hold harmless any
764      member, officer, executive director, employee, or representative
765      of the commission for the amount of any settlement or judgment
766      obtained against that person arising out of any actual or
767      alleged act, error, or omission that occurred, or that such
768      person had a reasonable basis for believing occurred, within the
769      scope of commission employment, duties, or responsibilities,
770      provided that the actual or alleged act, error, or omission did
771      not result from the intentional or willful or wanton misconduct
772      of that person.
773
774                                                  ARTICLE X
775                                                 DATA SYSTEM

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         HB 1521                                                                                               2022




776                (1)       The commission shall provide for the development,
777      operation, and maintenance of a coordinated database and
778      reporting system containing licensure, adverse action, and
779      investigative information on all licensed professional
780      counselors in member states.
781                (2)       Notwithstanding any other provision of state law to
782      the contrary, a member state shall submit a uniform data set to
783      the data system on all licensees to whom the compact is
784      applicable, as required by the rules of the commission,
785      including all of the following:
786                (a)       Identifying information.
787                (b)       Licensure data.
788                (c)       Adverse actions against a license or privilege to
789      practice.
790                (d)       Nonconfidential information related to alternative
791      program participation.
792                (e)       Any denial of application for licensure and the reason
793      for such denial.
794                (f)       Current significant investigative information.
795                (g)       Other information that may facilitate the
796      administration of the compact, as determined by the rule s of the
797      commission.
798                (3)       Investigative information pertaining to a licensee in
799      any member state may be made available only to other member
800      states.

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         HB 1521                                                                                               2022




801                (4)       The commission shall promptly notify all member states
802      of any adverse action taken against a licensee or an individual
803      applying for a license. Adverse action information pertaining to
804      a licensee in any member state must be made available to any
805      other member state.
806                (5)       Member states reporting information to the data system
807      may designate information that may not be shared with the public
808      without the express permission of the reporting state.
809                (6)       Any information submitted to the data system which is
810      subsequently required to be expunged by the laws of the member
811      state reporting the information must be removed from the data
812      system.
813
814                                                 ARTICLE XI
815                                                 RULEMAKING
816                (1)       The commission shall adopt reasonable rules to
817      effectively and efficiently achieve the purposes of the compact.
818      If, however, the commission exercises its rulemaking authority
819      in a manner that is beyond the scope of the purposes of the
820      compact, or the powers granted hereunder, then such an action by
821      the commission is invalid and has no force or effect.
822                (2)       The commission shall exercise its rulemaking powers
823      pursuant to the criteria set forth in this article and the rules
824      adopted thereunder. Rules and amendments become binding as of
825      the date specified in each rule or amendment.

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         HB 1521                                                                                               2022




826                (3)       If a majority of the legislatures of the member states
827      rejects a rule by enactment of a statute or resolution in the
828      same manner used to adopt the compact within 4 years after the
829      date of adoption of the rule, such rule does not have further
830      force and effect in any member state.
831                (4)       Rules or amendments to the rules must be adopted at a
832      regular or special meeting of the commission.
833                (5)       Before adoption of a final rule by the commission, and
834      at least 30 days in advance of the meeting at which the rule
835      will be considered and voted upon, the commission shall file a
836      notice of proposed rulemaking:
837                (a)       On the website of the commission or other publicly
838      accessible platform; and
839                (b)       On the website of each member state's professional
840      counseling licensing board or other publicly accessible platform
841      or in the publication in which each state would otherwise
842      publish proposed rules.
843                (6)       The notice of proposed rulemaking must include:
844                (a)       The proposed time, date, and location of the meeting
845      in which the rule will be considered and voted upon;
846                (b)       The text of the proposed rule or amendment and the
847      reason for the proposed rule;
848                (c)       A request for comments on the proposed rule from any
849      interested person; and
850                (d)       The manner in which interested persons may submit

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         HB 1521                                                                                               2022




851      notice to the commission of their intention to attend the public
852      hearing and any written comments.
853                (7)        Before adoption of a proposed rule, the commission
854      must allow persons to submit written data, facts, opinions, and
855      arguments, which must be made available to the public.
856                (8)        The commission shall grant an opportunity for a public
857      hearing before it adopts a rule or an amendment if a hearing is
858      requested by:
859                (a)        At least 25 persons who submit comments independently
860      of each other;
861                (b)        A state or federal governmental subdivision or agency;
862      or
863                (c)        An association that has at least 25 members.
864                (9)        If a hearing is held on the proposed rule or
865      amendment, the commission must publish the place, time, and date
866      of the scheduled public hearing. If the hearing is held through
867      electronic means, the commission must publish the mechanism for
868      access to the electronic hearing.
869                (a)        All persons wishing to be heard at the hearing must
870      notify the executive director of the commission or other
871      designated member in writing of their desire to appear and
872      testify at the hearing at least 5 business days before the
873      scheduled date of the hearing.
874                (b)        Hearings must be conducted in a manner providing each
875      person who wishes to comment a fair and reasonable opportunity

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         HB 1521                                                                                               2022




876      to comment orally or in writing.
877                (c)        All hearings must be recorded. A copy of the recording
878      must be made available on request.
879                (d)        This section may not be construed to require a
880      separate hearing on each rule. Rules may be grouped at hearings
881      required by this section for the convenience of the commission.
882                (10)       If the commission does not receive a written notice
883      of intent to attend the public hearing by interested parties,
884      the commission may proceed with adoption of the proposed rule
885      without a public hearing.
886                (11)       Following the scheduled hearing date, or by the close
887      of business on the scheduled hearing date if the hearing was not
888      held, the commission shall consider all written and oral
889      comments received.
890                (12)       The commission, by majority vote of all members,
891      shall take final action on the proposed rule and shall determine
892      the effective date of the rule based on the rulemaking record
893      and the full text of the rule.
894                (13)       Upon determination that an emergency exists, the
895      commission may consider and adopt an emergency rule without
896      prior notice, opportunity for comment, or hearing, provided that
897      the usual rulemaking procedures provided in the compact and in
898      this section are retroactively applied to the rule as soon as
899      reasonably possible, but no later than 90 days after the
900      effective date of the rule. For purposes of this subsection, an

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901      emergency rule is one that must be adopted immediat ely in order
902      to:
903                (a)        Meet an imminent threat to public health, safety, or
904      welfare;
905                (b)        Prevent a loss of commission or member state funds;
906                (c)        Meet a deadline for the adoption of an administrative
907      rule established by federal law or rule; or
908                (d)        Protect public health and safety.
909                (14)       The commission or an authorized committee of the
910      commission may direct revisions to a previously adopted rule or
911      amendment for purposes of correcting typographical errors,
912      errors in format, errors in consistency, or grammatical errors.
913      Public notice of any revision must be posted on the website of
914      the commission. Revisions are subject to challenge by any person
915      for a period of 30 days after posting. A revision may be
916      challenged only on grounds that the revision results in a
917      material change to a rule. A challenge must be made in writing
918      and delivered to the chair of the commission before the end of
919      the notice period. If a challenge is not made, the revision
920      takes effect without further action. If a revision is
921      challenged, the revision may not take effect without the
922      approval of the commission.
923
924                                                  ARTICLE XII
925              OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION;

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         HB 1521                                                                                               2022




926                                 DISPUTE RESOLUTION; AND ENFORCEMENT
927                (1)       OVERSIGHT.—
928                (a)       The executive, legislative, and judicial branches of
929      state government in each member state shall enforce the compact
930      and take all actions necessary and appropriate to effectuate the
931      compact's purposes and intent. The compact and the rules adopted
932      thereunder have standing as statutory law.
933                (b)       All courts shall take judicial notice of the compact
934      and the rules in any judicial or administrative proceeding in a
935      member state pertaining to the subject matter of the compact
936      which may affect the powers, responsibilities, or actions of the
937      commission.
938                (c)       The commission is entitled to receive service of
939      process in any judicial or administrative proceeding specified
940      in paragraph (b) and has standing to intervene in such a
941      proceeding for all purposes. Failure to provide service of
942      process to the commission renders a judgment or an order void as
943      to the commission, the compact, or adopted rules.
944                (2)       DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
945                (a)       If the commission determines that a member state has
946      defaulted in the performance of its obligations or
947      responsibilities under the compact or adopted rules, the
948      commission must:
949                1.    Provide written notice to the defaulting state and
950      other member states of the nature of the default, the proposed

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         HB 1521                                                                                               2022




951      means of curing the default, and any other action to be taken by
952      the commission; and
953                2.    Provide remedial training and specific technical
954      assistance regarding the default.
955                (b)       If a state in default fails to cure the default, the
956      defaulting state may be terminated from the compact upon an
957      affirmative vote of a majority of the member states, and all
958      rights, privileges, and benefits conferred by the compact are
959      terminated on the effective date of termination. A cure of the
960      default does not relieve the offending state of obligations or
961      liabilities incurred during the period of default.
962                (c)       Termination of membership in the compact may be
963      imposed only after all other means of securing compliance have
964      been exhausted. The commission shall submit a notice of intent
965      to suspend or terminate a defaulting member state to that
966      state's governor, to the majority and minority leaders of that
967      state's legislature, and to each member state.
968                (d)       A member state that has been terminated is responsible
969      for all assessments, obligations, and liabilities incurred
970      through the effective date of termination, including obligations
971      that extend beyond the effective date of termination.
972                (e)       The commission may not bear any costs related to a
973      member state that is found to be in default or that has been
974      terminated from the compact, unless agreed upon in writ ing
975      between the commission and the defaulting member state.

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          HB 1521                                                                                               2022




 976                (f)       The defaulting member state may appeal the action of
 977      the commission by petitioning the United States District Court
 978      for the District of Columbia or the federal district where the
 979      commission has its principal offices. The prevailing party must
 980      be awarded all costs of such litigation, including reasonable
 981      attorney fees.
 982                (3)       DISPUTE RESOLUTION.—
 983                (a)       Upon request by a member state, the commission shall
 984      attempt to resolve disputes related to the compact which arise
 985      among member states and between member and nonmember states.
 986                (b)       The commission shall adopt rules providing for both
 987      mediation and binding dispute resolution for disputes as
 988      appropriate.
 989                (4)       ENFORCEMENT.—
 990                (a)       The commission, in the reasonable exercise of its
 991      discretion, shall enforce the provisions and rules of the
 992      compact.
 993                (b)       By majority vote, the commission may initiate legal
 994      action in the United States District Court for the District of
 995      Columbia or the federal district where the commission has its
 996      principal offices against a member state in default to enforce
 997      compliance with the compact and its adopted rules and bylaws.
 998      The relief sought may include both injunctive relief and
 999      damages. If judicial enforcement is necessary, the prevailing
1000      party must be awarded all costs of such litigation, including

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          HB 1521                                                                                               2022




1001      reasonable attorney fees.
1002                (c)       The remedies under this article are not the exclusive
1003      remedies to the commission. The commission may pursue any other
1004      remedies available under federal or state law.
1005
1006                                                 ARTICLE XIII
1007         DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
1008                          ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
1009                (1)       The compact becomes effective on the date on which the
1010      compact is enacted into law in the 10th member state. The
1011      provisions that become effective at that time are limited to the
1012      powers granted to the commission relating to assembly and the
1013      adoption of rules. Thereafter, the commission shall meet and
1014      exercise rulemaking powers necessary for implementation and
1015      administration of the compact.
1016                (2)       Any state that joins the compact subsequent to the
1017      commission's initial adoption of the rules is subject to the
1018      rules as they exist on the date on which the compact becomes law
1019      in that state. Any rule that has been previously adopted by the
1020      commission has the full force and effect of law on the day the
1021      compact becomes law in that state.
1022                (3)       Any member state may withdraw from the compact by
1023      enacting a statute repealing the compact.
1024                (a)       A member state's withdrawal does not take effect until
1025      6 months after enactment of the repealing statute.

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          HB 1521                                                                                               2022




1026                (b)       Withdrawal does not affect the continuing requirement
1027      of the withdrawing state's professional counseling licensing
1028      board to comply with the investigative and adverse action
1029      reporting requirements of the compact before the effective date
1030      of withdrawal.
1031                (4)       The compact may not be construed to invalidate or
1032      prevent any professional counseling licensure agreement or other
1033      cooperative arrangement between a member state and a nonmember
1034      state which does not conflict with the compact.
1035                (5)       The compact may be amended by the member states. An
1036      amendment to the compact is not effective and binding upon any
1037      member state until it is enacted into the laws of all member
1038      states.
1039
1040                                                 ARTICLE XIV
1041                            BINDING EFFECT OF COMPACT AND OTHER LAWS
1042                (1)       A licensee providing professional counseling services
1043      in a remote state under the privilege to practice shall adhere
1044      to the laws and regulations, including scope of practice, of the
1045      remote state.
1046                (2)       The compact does not prevent the enforcement of any
1047      other law of a member state which is not inconsistent with the
1048      compact.
1049                (3)       Any laws in a member state which conflict with the
1050      compact are superseded to the extent of the conflict.

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          HB 1521                                                                                               2022




1051                (4)       Any lawful actions of the commission, including all
1052      rules and bylaws properly adopted by the commission, are binding
1053      on the member states.
1054                (5)       All permissible agreements between the commission and
1055      the member states are binding in accordance with their terms.
1056                (6)       If any provision of the compact exceeds the
1057      constitutional limits imposed on the legislature of any member
1058      state, the provision shall be ineffective to the extent of the
1059      conflict with the constitutional provision in question in that
1060      member state.
1061
1062                                                 ARTICLE XV
1063                                     CONSTRUCTION AND SEVERABILITY
1064                The compact must be liberally construed so as to effectuate
1065      the purposes thereof. The provisions of the compact are
1066      severable, and if any phrase, clause, sentence, or provision of
1067      the compact is declared to be contrary to the constitution of
1068      any member state or of the United States or the applicability
1069      thereof to any government, agency, person, or circumstance is
1070      held invalid, the validity of the remainder of the compact and
1071      the applicability thereof to any government, agency, person, or
1072      circumstance is not affected thereby. If the compact is held
1073      contrary to the constitution of any member state, the compact
1074      remains in full force and effect as to the remaining member
1075      states and in full force and effect as to the member state

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          HB 1521                                                                                               2022




1076      affected as to all severable matters.
1077                Section 2.       Subsection (10) of section 456.073, Florida
1078      Statutes, is amended to read:
1079                456.073       Disciplinary proceedings.—Disciplinary proceedings
1080      for each board shall be within the jurisdiction of the
1081      department.
1082                (10)       The complaint and all information obtained pursuant
1083      to the investigation by the department are confidential and
1084      exempt from s. 119.07(1) until 10 days after probable cause has
1085      been found to exist by the probable cause panel or by the
1086      department, or until the regulated professional or subject of
1087      the investigation waives his or her privilege of
1088      confidentiality, whichever occurs first. The department shall
1089      report any significant investigation information relating to a
1090      nurse holding a multistate license to the coordinat ed licensure
1091      information system pursuant to s. 464.0095, and any significant
1092      investigatory information relating to a health care practitioner
1093      practicing under the Professional Counselors Licensure Compact
1094      to the data system pursuant to s. 491.017. Upon completion of
1095      the investigation and a recommendation by the department to find
1096      probable cause, and pursuant to a written request by the subject
1097      or the subject's attorney, the department shall provide the
1098      subject an opportunity to inspect the investigative fil e or, at
1099      the subject's expense, forward to the subject a copy of the
1100      investigative file. Notwithstanding s. 456.057, the subject may

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          HB 1521                                                                                               2022




1101      inspect or receive a copy of any expert witness report or
1102      patient record connected with the investigation if the subject
1103      agrees in writing to maintain the confidentiality of any
1104      information received under this subsection until 10 days after
1105      probable cause is found and to maintain the confidentiality of
1106      patient records pursuant to s. 456.057. The subject may file a
1107      written response to the information contained in the
1108      investigative file. Such response must be filed within 20 days
1109      of mailing by the department, unless an extension of time has
1110      been granted by the department. This subsection does not
1111      prohibit the department from providing such information to any
1112      law enforcement agency or to any other regulatory agency.
1113                Section 3.       Subsection (5) of section 456.076, Florida
1114      Statutes, is amended to read:
1115                456.076      Impaired practitioner programs.—
1116                (5)       A consultant shall enter into a participant contract
1117      with an impaired practitioner and shall establish the terms of
1118      monitoring and shall include the terms in a participant
1119      contract. In establishing the terms of monitoring, the
1120      consultant may consider the recommendations of one or more
1121      approved evaluators, treatment programs, or treatment providers.
1122      A consultant may modify the terms of monitoring if the
1123      consultant concludes, through the course of monitoring, that
1124      extended, additional, or amended terms of monitoring are
1125      required for the protection of the health, safety, and welfare

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          HB 1521                                                                                               2022




1126      of the public. If the impaired practitioner is a health care
1127      practitioner practicing under the Professional Counselors
1128      Licensure Compact pursuant to s. 491.017, the terms of the
1129      monitoring contract must include the impaired practitioner's
1130      withdrawal from all practice under the compact.
1131                Section 4.       Subsection (8) is added to section 491.004,
1132      Florida Statutes, to read:
1133                491.004      Board of Clinical Social Work, Marriage and Family
1134      Therapy, and Mental Health Counseling.—
1135                (8)       The board shall appoint an individual to serve as the
1136      state's delegate on the Counseling Compact Commission, as
1137      required under s. 491.017.
1138                Section 5.       Subsection (6) is added to section 491.005,
1139      Florida Statutes, to read:
1140                491.005      Licensure by examination.—
1141                (6)       EXEMPTION.—A person licensed as a clinical social
1142      worker, marriage and family therapist, or mental health
1143      counselor in another state who is practicing under the
1144      Professional Counselors Licensure Compact pursuant to s.
1145      491.017, and only within the scope provided therein, is exempt
1146      from the licensure requirements of this section, as applicable.
1147                Section 6.       Subsection (3) is added to section 491.006,
1148      Florida Statutes, to read:
1149                491.006      Licensure or certification by endorsement. —
1150                (3)       A person licensed as a clinical social worker,

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          HB 1521                                                                                               2022




1151      marriage and family therapist, or mental health counselor in
1152      another state who is practicing under the Professional
1153      Counselors Licensure Compact pursuant to s. 491.017, and only
1154      within the scope provided therein, is exempt from the licensure
1155      requirements of this section, as applicable.
1156                Section 7.       Section 491.009, Florida Statutes, is amended
1157      to read:
1158                491.009      Discipline.—
1159                (1)       The following acts constitute grounds for denial of a
1160      license or disciplinary action, as specified in s. 456.072(2) or
1161      s. 491.017:
1162                (a)       Attempting to obtain, obtaining, or renewing a
1163      license, registration, or certificate under this chapter by
1164      bribery or fraudulent misrepresentation or through an error of
1165      the board or the department.
1166                (b)       Having a license, registration, or certificate to
1167      practice a comparable profession revoked, suspended, or
1168      otherwise acted against, including the denial of certification
1169      or licensure by another state, territory, or country.
1170                (c)       Being convicted or found guilty of, regardless of
1171      adjudication, or having entered a plea of nolo contendere to, a
1172      crime in any jurisdiction which directly relates to the practice
1173      of his or her profession or the ability to practice his or her
1174      profession. However, in the case of a plea of nolo contendere,
1175      the board shall allow the person who is the subject of the

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          HB 1521                                                                                               2022




1176      disciplinary proceeding to present evidence in mitigation
1177      relevant to the underlying charges and circumstances surrounding
1178      the plea.
1179                (d)       False, deceptive, or misleading advertising or
1180      obtaining a fee or other thing of value on the representation
1181      that beneficial results from any treatment will be guaranteed.
1182                (e)       Advertising, practicing, or attempting to practice
1183      under a name other than one's own.
1184                (f)       Maintaining a professional association with any person
1185      who the applicant, licensee, registered intern, or
1186      certificateholder knows, or has reason to believe, is in
1187      violation of this chapter or of a rule of the department or the
1188      board.
1189                (g)       Knowingly aiding, assisting, procuring, or advising
1190      any nonlicensed, nonregistered, or noncertified person to hold
1191      himself or herself out as licensed, registered, or certified
1192      under this chapter.
1193                (h)       Failing to perform any statutory or legal obligation
1194      placed upon a person licensed, registered, or certified under
1195      this chapter.
1196                (i)       Willfully making or filing a false report or record;
1197      failing to file a report or record required by state or federal
1198      law; willfully impeding or obstructing the filing of a report or
1199      record; or inducing another person to make or file a false
1200      report or record or to impede or obstruct the filing of a report

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          HB 1521                                                                                               2022




1201      or record. Such report or record includes only a report or
1202      record which requires the signature of a person licensed,
1203      registered, or certified under this chapter.
1204                (j)       Paying a kickback, rebate, bonus, or other
1205      remuneration for receiving a patient or client, or receiving a
1206      kickback, rebate, bonus, or other remuneration for referring a
1207      patient or client to another provider of mental health care
1208      services or to a provider of health care services or goods;
1209      referring a patient or client to oneself for services on a fee-
1210      paid basis when those services are already being paid for by
1211      some other public or private entity; or entering into a
1212      reciprocal referral agreement.
1213                (k)       Committing any act upon a patient or client which
1214      would constitute sexual battery or which would constitute sexual
1215      misconduct as defined pursuant to s. 491.0111.
1216                (l)       Making misleading, deceptive, untrue, or fraudulent
1217      representations in the practice of any profession licensed,
1218      registered, or certified under this chapter.
1219                (m)       Soliciting patients or clients personally, or through
1220      an agent, through the use of fraud, intimidation, undue
1221      influence, or a form of overreaching or vexatious conduct.
1222                (n)       Failing to make available to a patient or client, upon
1223      written request, copies of tests, reports, or documents in the
1224      possession or under the control of the licensee, registered
1225      intern, or certificateholder which have been prepared for and

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          HB 1521                                                                                               2022




1226      paid for by the patient or client.
1227                (o)       Failing to respond within 30 days to a written
1228      communication from the department or the board concerning any
1229      investigation by the department or the board, or failing to make
1230      available any relevant records with respect to any investigation
1231      about the licensee's, registered intern's, or
1232      certificateholder's conduct or background.
1233                (p)       Being unable to practice the profession for which he
1234      or she is licensed, registered, or certified under this chapter
1235      with reasonable skill or competence as a result of any mental or
1236      physical condition or by reason of illness; drunkenness; or
1237      excessive use of drugs, narcotics, chemicals, or any other
1238      substance. In enforcing this paragraph, upon a finding by the
1239      State Surgeon General, the State Surgeon General's designee, or
1240      the board that probable cause exists to believe that the
1241      licensee, registered intern, or certificateholder is unable to
1242      practice the profession because of the reasons stated in this
1243      paragraph, the department shall have the authority to compel a
1244      licensee, registered intern, or certificateholder to submit to a
1245      mental or physical examination by psychologists, physicians, or
1246      other licensees under this chapter, designated by the department
1247      or board. If the licensee, registered intern, or
1248      certificateholder refuses to comply with such order, the
1249      department's order directing the examination may be enforced by
1250      filing a petition for enforcement in the circuit court in the

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          HB 1521                                                                                               2022




1251      circuit in which the licensee, registered intern, or
1252      certificateholder resides or does business. The licensee,
1253      registered intern, or certificateholder against whom the
1254      petition is filed may shall not be named or identified by
1255      initials in any public court records or documents, and the
1256      proceedings shall be closed to the public. The department shall
1257      be entitled to the summary procedure provided in s. 51.011. A
1258      licensee, registered intern, or certificateholder affected under
1259      this paragraph shall at reasonable intervals be afforded an
1260      opportunity to demonstrate that he or she can resume the
1261      competent practice for which he or she is licensed, registered,
1262      or certified with reasonable skill and safety to patients.
1263                (q)       Performing any treatment or prescribing any therapy
1264      which, by the prevailing standards of the mental health
1265      professions in the community, would constitute experimentation
1266      on human subjects, without first obtaining full, informed, and
1267      written consent.
1268                (r)       Failing to meet the minimum standards of performance
1269      in professional activities when measured against generally
1270      prevailing peer performance, including the undertaking of
1271      activities for which the licensee, registered intern, or
1272      certificateholder is not qualified by training or experience.
1273                (s)       Delegating professional responsibilities to a person
1274      whom the licensee, registered intern, or certificateholder knows
1275      or has reason to know is not qualified by training or experience

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          HB 1521                                                                                               2022




1276      to perform such responsibilities.
1277                (t)       Violating a rule relating to the regulation of the
1278      profession or a lawful order of the department or the board
1279      previously entered in a disciplinary hearing.
1280                (u)       Failure of the licensee, registered intern, or
1281      certificateholder to maintain in confidence a communication made
1282      by a patient or client in the context of such services, except
1283      as provided in s. 491.0147.
1284                (v)       Making public statements which are derived from test
1285      data, client contacts, or behavioral research and which identify
1286      or damage research subjects or clients.
1287                (w)       Violating any provision of this chapter or chapter
1288      456, or any rules adopted pursuant thereto.
1289                (2)(a)      The board or, in the case of certified master
1290      social workers, the department may enter an order denying
1291      licensure or imposing any of the penalties authorized in s.
1292      456.072(2) against any applicant for licensure or any licensee
1293      who violates subsection (1) or s. 456.072(1).
1294                (b)       The board may take adverse action against a clinical
1295      social worker's, a marriage and family therapist's, or a mental
1296      health counselor's privilege to practice under the Professional
1297      Counselors Licensure Compact pursuant to s. 491.017 and may
1298      impose any of the penalties in s. 456.072(2) if the clinical
1299      social worker, marriage and family therapist, or mental health
1300      counselor commits an act specified in subsection (1) or s.

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          HB 1521                                                                                               2022




1301      456.072(1).
1302                Section 8.        Paragraph (h) is added to subsection (10) of
1303      section 768.28, Florida Statutes, to read:
1304                768.28       Waiver of sovereign immunity in tort actions;
1305      recovery limits; civil liability for damages caused during a
1306      riot; limitation on attorney fees; statute of limitations;
1307      exclusions; indemnification; risk management programs.—
1308                (10)
1309                (h)        For purposes of this section, the individual appointed
1310      under s. 491.004(8) as the state's delegate on the Counseling
1311      Compact Commission, when serving in that capacity pursuant to s.
1312      491.017, and any administrator, officer, executive director,
1313      employee, or representative of the commission, when acting
1314      within the scope of his or her employment, duties, or
1315      responsibilities in this state, is considered an agent of the
1316      state. The commission shall pay any claims or judgments pursuant
1317      to this section and may maintain insurance coverage to pay any
1318      such claims or judgments.
1319                Section 9.        The Department of Health shall notify the
1320      Division of Law Revision upon enactment of the Professional
1321      Counselors Licensure Compact into law by 10 states.
1322                Section 10.           This act shall take effect upon enactment of
1323      the Professional Counselors Licensure Compact into law by 10
1324      states.



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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1521   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Professions & Public
 2     Health Subcommittee
 3     Representative Koster offered the following:
 4
 5          Amendment (with title amendment)
 6          Between lines 124 and 125, insert:
 7          Section 1.    Subsections (5) through (17) of section
 8     491.003, Florida Statutes, are renumbered as subsections (6)
 9     though (18), respectively, and subsection (5) is added to that
10     section, to read:
11          491.003    Definitions.—As used in this chapter:
12          (5)    "Licensed professional counselor" means a clinical
13     social worker, marriage and family therapist, or mental health
14     counselor authorized to provide services under the Professional
15     Counselors Licensure Compact.
16
     567287 - h1521-line 124.docx
      Published On: 2/1/2022 6:20:51 PM
                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1521   (2022)
       Amendment No. 1


17
18           -----------------------------------------------------
19                        T I T L E   A M E N D M E N T
20           Remove line 3 and insert:
21     Compact; amending s. 491.003, F.S.; defining "licensed
22     professional counselor"; creating s. 491.017, F.S.; creating
23     the




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                                    Page 2 of 2
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1521   (2022)
      Amendment No. 2




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                       (Y/N)
      ADOPTED AS AMENDED            (Y/N)
      ADOPTED W/O OBJECTION         (Y/N)
      FAILED TO ADOPT               (Y/N)
      WITHDRAWN                     (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:      Professions & Public
2     Health Subcommittee
3     Representative Koster offered the following:
4
5          Amendment
6          Remove lines 233-235 and insert:
7          (15)   "Licensed professional counselor" means a counselor
8     licensed by a member state, regardless of the title used by that




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     Published On: 2/1/2022 6:27:50 PM
                                   Page 1 of 1
HB 1523
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1523               Pub. Rec. and Meetings/Professional Counselors Licensure Compact
SPONSOR(S): Koster
TIED BILLS: HB 1521                   IDEN./SIM. BILLS:            CS/SB 590

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Government Operations Subcommittee

  3) Health & Human Services Committee

                                             SUMMARY ANALYSIS
HB 1521 authorizes Florida to enter into the Professional Counselors Licensure Compact (PCLC) enacting its
provisions into the laws of the state. The PCLC is an interstate compact that facilitates the interstate practice of
licensed professional counseling in person and through telehealth. In Florida, licensed clinical social workers,
marriage and family therapists, and mental health counselors (counselors, collectively) are able to apply for
privileges to practice under the PCLC. The PCLC requires compact states to submit counselor’s licensure and
regulation records, including any actions taken against a counselor’s ability to practice, to a coordinated
licensure information system (CLIS). The compact creates the Counseling Compact Commission
(Commission) to oversee and administer the provisions of the PCLC and a licensure information data system
(data system).

This bill, which is linked to the passage of HB 1521, creates public records and public meetings exemptions for
certain records and meetings relating to the compact.

The bill creates a public records exemption for a counselor’s personal identifying information, other than his or
her name, licensure status, or licensure number, obtained from the data system and held by the Department of
Health or the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counselors,
unless the laws of the state that originally reported the information authorizes its disclosure.

The bill also creates a public meeting exemption for Commission meetings, or portions of such meetings, in
which a matter discussed is specifically exempted from disclosure by federal or state statute. The bill provides
that any recordings, minutes, and records generated from such a meeting are also exempt from public records
requirements.

The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2027, unless reviewed and saved from repeal by the Legislature. It also provides a
statement of public necessity as required by the Florida Constitution.

The bill has an insignificant, negative fiscal impact on the Department of Health and no fiscal impact on local
governments.

The bill will become effective on the same date that HB 1521 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
          Background

          Public Records

          Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
          government records. This section guarantees every person a right to inspect or copy any public record
          of the legislative, executive, and judicial branches of government. The Legislature, however, may
          provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
          Florida Constitution. 1 The general law must state with specificity the public necessity justifying the
          exemption 2 and must be no broader than necessary to accomplish its purpose. 3

          Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
          guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
          record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a public
          record or public meeting exemption may be created or maintained only if it serves an identifiable public
          purpose. In addition, it may be no broader than necessary to meet one of the following purposes: 5

               •    Allow the state or its political subdivisions to effectively and efficiently administer a
                    governmental program, which administration would be significantly impaired without the
                    exemption.
               •    Protect sensitive personal information that, if released, would be defamatory or would
                    jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                    under this provision.
               •    Protect trade or business secrets.

          The Open Government Sunset Review Act requires the automatic repeal of a newly created public
          record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
          Legislature reenacts the exemption. 6

          Professional Counselors Licensure Compact

          HB 1521 authorizes Florida to enter into the Professional Counselors Licensure Compact (PCLC or
          compact) by enacting its provisions into Florida law. The PCLC was created by the National Center for
          Interstate Compacts and is an interstate compact that facilitates the interstate practice of licensed
          professional counseling in person and through telehealth. Florida-licensed clinical social workers,
          marriage and family therapists, and mental health counselors (counselors, collectively) are eligible to
          apply for privileges to practice under the PCLC.

          Under the compact, a counselor who is licensed in a compact state is permitted to practice in another
          compact state after obtaining a privilege to practice in that compact state. A counselor practicing under
          the compact practice privileges must comply with the practice laws of the state in which he or she is
          practicing or where the patient is located.

          Under the PCLC, compact states are required to report a counselor’s identifying information; licensure
          data; significant investigatory information; adverse actions 7 against a counselor’s license;


1 Article I, s. 24(c), Fla. Const.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Article I, s. 24(c), FLA. CONST.
4 Section 119.15, F.S.
5 Section 119.15(6)(b), F.S.
6 Section 119.15(3), F.S.

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         nonconfidential information related to participation in alternative programs; denials of applications and
         reasons for such denials; and other information, determined by Commission rule, which may facilitate
         the administration of the compact to a coordinated licensure information system. A compact state may
         designate information it reports as confidential and therefore, cannot be shared with noncompact states
         or other entities without the express permission of the reporting state.

                   Coordinated Licensure Information System

         The PCLC requires all compact states to share licensee information. 8 Compact states must submit a
         uniform dataset to a coordinated licensure information system on all counselors to whom the compact
         is applicable. The database allows for expedited sharing of information, which is not currently exempt
         from disclosure requirements under s. 119.07(1), F.S. and s. 24(a), Art. 1 of the Florida Constitution,
         including: 9

              •    Identifying information;
              •    Licensure data;
              •    Significant investigatory information;
              •    Adverse actions against a counselor’s license;
              •    Nonconfidential information related to participation in alternative programs;
              •    Any licensure application denials and reasons for such denial; and
              •    Other information, determined by Commission rule, which may facilitate the administration of
                   the compact.

         The data system information must be expunged according to laws of the reporting compact state. 10

                   Commission Meetings

         The compact establishes the Counseling Compact Commission (Commission). Each compact state has
         one delegate selected by that state’s licensing board. All Commission meetings must be open to the
         public except for when the Commission must discuss: 11

              •    Noncompliance of a compact state with its obligations under the compact;
              •    The employment, compensation, discipline, or other personnel matters, practices, or procedures
                   related to specific employees or other matters related to the Commission’s internal personnel
                   practices and procedure;
              •    Current, threatened, or reasonably anticipated litigation;
              •    Contract negotiations for the purchase or sale of goods, services, or real estate;
              •    Accusing a person of a crime or formally censuring a person;
              •    Disclosure of trade secrets or commercial or financial information that is privileged or
                   confidential;
              •    Disclosure of information of a personal nature where disclosure would constitute a clearly
                   unwarranted invasion of personal privacy if disclosed to the public;
              •    Disclosure of active investigatory records compiled for law enforcement purposes;
              •    Disclosure of information related to any reports prepared by or on behalf of the commission for
                   the purpose of investigation for compliance with the compact; and
              •    Matters specifically exempted from disclosure by federal law or the laws of any party state.

         Effect of the Bill



7 Adverse action is any disciplinary action that is a matter of public record which is taken by a state’s counselor regulatory authority

against a counselor’s license to practice in that state.
8 Counseling Compact Model Legislation (Dec. 4, 2020), https://counselingcompact.org/wp-

content/uploads/2021/06/Final_Counseling_Compact_With_Cover.pdf (last visited Jan. 29, 2022).
9 Id.
10 Id.
11 Id.

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       The bill creates public record and public meeting exemptions related to the PCLC.

       Specifically, the bill provides that personal identifying information of a counselor, other than the
       counselor’s name, licensure status, or licensure number, obtained from the data system and held by
       the Department of Health or the Board of Clinical Social Work, Marriage and Family Therapy, and
       Mental Health Counselors is exempt from public records requirements, unless the laws of the state that
       originally reported the information authorizes its disclosure. Disclosure under such circumstance is
       limited to the extent permitted under the laws of the reporting state.

       The bill also creates a public meeting exemption for Commission meetings, or portions of such
       meetings, at which the Commission discusses matters specifically exempt from disclosure by state or
       federal law. Recordings, minutes, and records generated during an exempt portion of a Commission
       meeting are also exempt from public disclosure.

       The bill provides a public necessity statement for the public records exemption, as required by the State
       Constitution, and states that the protection of such information is required under the compact, which the
       state must adopt in order to become a party state to the compact. Without the public records
       exemption, the state would be unable to effectively and efficiently implement and administer the
       compact.

       Additionally, the bill provides a statement of public necessity for the public meeting exemption, as
       required by the State Constitution, and states that the PCLC requires any meeting in which matters that
       are exempt from disclosure by federal or state statute are discussed to be closed to the public. Without
       the public meeting exemption, the state will be prohibited from becoming a party to the compact and
       would be unable to effectively and efficiently administer the compact. The bill further provides that
       without the public records exemption for the recordings, minutes, and records generated during an
       exempt meeting, the release of such information would negate the public meeting exemption.

       The bill provides that the public records and public meeting exemptions are subject to the Open
       Government Sunset Review Act and will stand repealed on October 2, 2027, unless saved from repeal
       by reenactment by the Legislature.

       The effective date of this bill is the same date that HB 1521 or similar legislation takes effect, if such
       legislation is adopted in the same legislative session or an extension thereof becomes law.

   B. SECTION DIRECTORY:
       Section 1:     Creates s. 491.018, F.S., relating to Professional Counselors Licensure Compact; public
                      records and meeting exemptions.
       Section 2:     Provides that the bill is effective on the same date that HB 1521 (2022) or similar
                      legislation takes effect.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.


       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
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           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          Vote Requirement
          Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
          voting for final passage of a newly created or expanded public record or public meeting exemption.
          The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.

          Public Necessity Statement
          Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
          or expanded public record or public meeting exemption. The bill creates a public record exemption;
          thus, it includes a public necessity statement.

          Breadth of Exemption
          Article I, s. 24(c) of the State Constitution provides that an exemption must be created by general law
          and the law must contain only exemptions from public record or public meeting requirements. The
          exemption does not appear to be in conflict with the constitutional requirement.

   B. RULE-MAKING AUTHORITY:
       Current law provides sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1523.PPH                                                                                     PAGE: 5
DATE: 2/1/2022
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           HB 1523                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to public records and meetings;
    3                creating s. 491.018, F.S.; providing an exemption from
    4                public records requirements for certain information
    5                held by the Department of Health or the Board of
    6                Clinical Social Work, Marriage and Family Therapy, and
    7                Mental Health Counseling pursuant to the Professional
    8                Counselors Licensure Compact; authorizing the
    9                disclosure of such information under certain
10                   circumstances; providing an exemption from public
11                   meetings requirements for certain meetings or portions
12                   of certain meetings of the Counseling Compact
13                   Commission or committees of the commission; providing
14                   an exemption from public records requirements for
15                   recordings, minutes, and records generated during the
16                   closed portions of such meetings; providing for future
17                   legislative review and repeal of the exemptions;
18                   providing statements of public necessity; providing a
19                   contingent effective date.
20
21         Be It Enacted by the Legislature of the State of Florida:
22
23                   Section 1.       Section 491.018, Florida Statutes, is created
24         to read:
25                   491.018     Professional Counselors Licensure Compact; public

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        HB 1523                                                                                               2022




26      records and meetings exemptions.—
27                (1)       A counselor's personal identifying information, other
28      than the counselor's name, licensure status, or licensure
29      number, obtained from the data system, as described in article X
30      of s. 491.017, and held by the department or the Board of
31      Clinical Social Work, Marriage and Family Therapy, and Mental
32      Health Counseling is exempt from s. 119.07(1) and s. 24(a), Art.
33      I of the State Constitution unless the state that originally
34      reported the information to the data system authorizes the
35      disclosure of such information by law. If disclosure is so
36      authorized, information may be disclosed only to the extent
37      authorized by law by the reporting state.
38                (2)(a)      A meeting or a portion of a meeting of the
39      Counseling Compact Commission, established in article IX of s.
40      491.017, or the executive committee or other committees of the
41      commission, at which matters specifically exempted from
42      disclosure by federal or state statute are discussed is exempt
43      from s. 286.011 and s. 24(b), Art. I of the State Constitution.
44                (b)       Recordings, minutes, and records generated during an
45      exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
46      of the State Constitution.
47                (3)       This section is subject to the Open Government Sunset
48      Review Act in accordance with s. 119.15 and shall stand repealed
49      on October 2, 2027, unless reviewed and saved from repeal
50      through reenactment by the Legislature.

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        HB 1523                                                                                               2022




51                Section 2.       (1)     The Legislature finds that it is a public
52      necessity that a counselor's personal identifying information,
53      other than the counselor's name, licensure status, or licensure
54      number, obtained from the data system, as described in article X
55      of s. 491.017, Florida Statutes, and held by the Department of
56      Health or the Board of Clinical Social Work, Marriage and Family
57      Therapy, and Mental Health Counseling be made exempt from s.
58      119.07(1), Florida Statutes, and s. 24(a), Art. I of the State
59      Constitution. Protection of such information is required under
60      the Professional Counselors Licensure Compact, which the state
61      must adopt in order to become a member state of the compact.
62      Without the public records exemption, this state will be unable
63      to effectively and efficiently implement and administer the
64      compact.
65                (2)(a)      The Legislature finds that it is a public necessity
66      that any meeting of the Counseling Compact Commission or the
67      executive committee or other committees of the commission held
68      as provided in article IX of s. 491.017, Florida Statutes, at
69      which matters specifically exempted from disclosure by federal
70      or state law are discussed be made exempt from s. 286.011,
71      Florida Statutes, and s. 24(b), Art. I of the State
72      Constitution.
73                (b)       The Professional Counselors Licensure Compact requires
74      the closure of any meeting, or any portion of a meeting, in
75      which the substance of paragraph (a) is discussed to be closed

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        HB 1523                                                                                               2022




76      to the public. In the absence of a public meeting exemption,
77      this state would be prohibited from becoming a member state of
78      the compact. Thus, this state will be unable to effectively and
79      efficiently administer the compact.
80                (3)       The Legislature also finds that it is a public
81      necessity that the recordings, minutes, and records generated
82      during a meeting that is exempt pursuant to article IX of s.
83      491.017, Florida Statutes, be made exempt from s. 119.07(1),
84      Florida Statutes, and s. 24(a), Art. I of the State
85      Constitution. Release of such information would negate the
86      public meetings exemption. As such, the Legislature finds that
87      the public records exemption is a public necessity.
88                Section 3.       This act shall take effect on the same date
89      that HB 1521 or similar legislation takes effect, if such
90      legislation is adopted in the same legislative session or an
91      extension thereof and becomes a law.




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