PCS for HB 693 (2022) — An act relating to the Department of Health
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- 2022 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For
Summary
A proposed committee substitute, PCS for HB 693, a 2022 bill of the Florida House of Representatives relating to the Department of Health. Its 63-page text amends s. 381.0045, F.S. on the department's targeted outreach program for pregnant women, s. 381.0303, F.S. on special needs shelters, and s. 381.986, F.S. on medical marijuana treatment centers, including testing and recall of marijuana and marijuana delivery devices. The bill title also lists changes to licensing provisions for chiropractic physicians, nurses, midwives, orthotists and prosthetists, clinical laboratory directors, psychologists, clinical social workers, marriage and family therapists and mental health counselors. It closes with amendments to s. 766.314, F.S. on the Florida Birth-Related Neurological Injury Compensation Association, and Section 20 sets an effective date of July 1, 2022.
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“PCS for HB 693 (2022) — An act relating to the Department of Health.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3093-professions-public-health-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-693/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 693 2022
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.0045, F.S.; revising the purpose of the
4 department's targeted outreach program for certain
5 pregnant women; requiring the department to encourage
6 high-risk pregnant women of unknown status to be
7 tested for sexually transmissible diseases; requiring
8 the department to provide specified information to
9 pregnant women who have human immunodeficiency virus
10 (HIV); requiring the department to link women with
11 mental health services when available; requiring the
12 department to educate pregnant women who have HIV on
13 certain information; requiring the department to
14 provide, for a specified purpose, continued oversight
15 of newborns exposed to HIV; amending s. 381.0303,
16 F.S.; removing the Children's Medical Services office
17 from parties required to coordinate in the development
18 of local emergency management plans for special needs
19 shelters; amending s. 381.986, F.S.; authorizing the
20 department to select samples of marijuana from medical
21 marijuana treatment center facilities for certain
22 testing; authorizing the department to select samples
23 of marijuana delivery devices from medical marijuana
24 treatment centers to determine whether the device is
25 safe for use; requiring medical marijuana treatment
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26 centers to recall marijuana and marijuana delivery
27 devices, instead of just edibles, under certain
28 circumstances; exempting the department and its
29 employees from criminal provisions if they acquire,
30 possess, test, transport, or lawfully dispose of
31 marijuana and marijuana delivery devices under certain
32 circumstances; amending s. 456.039, F.S.; requiring
33 applicants to provide certain proof of payment;
34 amending s. 460.406, F.S.; revising provisions related
35 to chiropractic physician licensing; amending s.
36 464.008, F.S.; deleting a requirement that certain
37 nursing program graduates complete a specified
38 preparatory course; amending s. 464.018, F.S.;
39 revising grounds for disciplinary action against
40 licensed nurses; amending s. 467.003, F.S.; revising
41 and defining terms; amending s. 467.009, F.S.;
42 revising provisions related to approved midwifery
43 programs; amending s. 467.011, F.S.; revising
44 requirements for licensure of midwives; amending s.
45 467.0125, F.S.; revising requirements for licensure by
46 endorsement of midwives; revising requirements for
47 temporary certificates to practice midwifery in this
48 state; amending s. 467.205, F.S.; revising provisions
49 relating to approval, continued monitoring,
50 probationary status, provisional approval, and
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51 approval rescission of midwifery programs; amendin g s.
52 468.803, F.S.; revising provisions related to
53 orthotist and prosthetist registration, examination,
54 and licensing; amending s. 483.824, F.S.; revising
55 educational requirements for clinical laboratory
56 directors; amending s. 490.003, F.S.; defining the
57 terms "doctoral degree from an American Psychological
58 Association accredited program" and "doctoral degree
59 in psychology"; amending ss. 490.005 and 490.0051,
60 F.S.; revising education requirements for psychologist
61 licensure and provisional licensure, respectively;
62 amending s. 491.005, F.S.; revising requirements for
63 licensure of clinical social workers, marriage and
64 family therapists, and mental health counselors;
65 amending s. 766.314, F.S.; deleting obsolete language
66 and updating provisions to conform to current law;
67 revising the frequency with which the department must
68 submit certain reports to the Florida Birth-Related
69 Neurological Injury Compensation Association; revising
70 the content of such reports; requiring the Florida
71 Birth-Related Neurological Injury Compensation
72 Association to notficy the department and the
73 applicable board of any unpaid final judgements
74 against a physician; providing an effective date.
75
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76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Subsections (2) and (3) of section 381.0045,
79 Florida Statutes, are amended to read:
80 381.0045 Targeted outreach for pregnant women.—
81 (2) It is the purpose of this section to establish a
82 targeted outreach program for high-risk pregnant women who may
83 not seek proper prenatal care, who suffer from substance abuse
84 or mental health problems, or who have acquired are infected
85 with human immunodeficiency virus (HIV), and to provide these
86 women with links to much-needed much needed services and
87 information.
88 (3) The department shall:
89 (a) Conduct outreach programs through contracts with,
90 grants to, or other working relationships with persons or
91 entities where the target population is likely to be found.
92 (b) Provide outreach that is peer-based, culturally
93 sensitive, and performed in a nonjudgmental manner.
94 (c) Encourage high-risk pregnant women of unknown status
95 to be tested for HIV and other sexually transmissible diseases
96 as specified by department rule.
97 (d) Educate women not receiving prenatal care as to the
98 benefits of such care.
99 (e) Provide HIV-infected pregnant women who have HIV with
100 information on the need for antiretroviral medication for their
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101 newborn, their medication options, and how they can access the
102 medication after their discharge from the hospital so they can
103 make an informed decision about the use of Zidovudine (AZT).
104 (f) Link women with substance abuse treatment and mental
105 health services, when available, and act as a liaison with
106 Healthy Start coalitions, children's medical services, Ryan
107 White-funded providers, and other services of the Department of
108 Health.
109 (g) Educate pregnant women who have HIV on the importance
110 of engaging in and continuing HIV care.
111 (h) Provide continued oversight of any newborn exposed to
112 HIV to determine the newborn's final HIV status and ensure
113 continued linkage to care if the newborn is diagnosed with HIV
114 to HIV-exposed newborns.
115 Section 2. Paragraphs (a) and (c) of subsection (2) of
116 section 381.0303, Florida Statutes, are amended to read:
117 381.0303 Special needs shelters.—
118 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
119 ASSISTANCE.—If funds have been appropriated to support disaster
120 coordinator positions in county health departments:
121 (a) The department shall assume lead responsibility for
122 the coordination of local medical and health care providers, the
123 American Red Cross, and other interested parties in developing a
124 plan for the staffing and medical management of special needs
125 shelters and. The local Children's Medical Services offices
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126 shall assume lead responsibility for the coordination of local
127 medical and health care providers, the American Red Cross, and
128 other interested parties in developing a plan for the staffing
129 and medical management of pediatric special needs shelters.
130 Plans must conform to the local comprehensive emergency
131 management plan.
132 (c) The appropriate county health department, Children's
133 Medical Services office, and local emergency management agency
134 shall jointly decide who has responsibility for medical
135 supervision in each special needs shelter.
136 Section 3. Present paragraphs (e) through (h) of
137 subsection (14) of section 381.986, Florida Statutes, are
138 redesignated as paragraphs (f) through (i), respectively, a new
139 paragraph (e) is added to that subsection, and paragraph (e) of
140 subsection (8) of that section is amended, to read:
141 381.986 Medical use of marijuana.—
142 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
143 (e) A licensed medical marijuana treatment center shall
144 cultivate, process, transport, and dispense marijuana for
145 medical use. A licensed medical marijuana treatment center may
146 not contract for services directly related to the cultivation,
147 processing, and dispensing of marijuana or marijuana delivery
148 devices, except that a medical marijuana treatment center
149 licensed pursuant to subparagraph (a)1. may contract with a
150 single entity for the cultivation, processing, transporting, and
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151 dispensing of marijuana and marijuana delivery devices. A
152 licensed medical marijuana treatment center must, at all times,
153 maintain compliance with the criteria demonstrated and
154 representations made in the initial application and the criteria
155 established in this subsection. Upon request, the department may
156 grant a medical marijuana treatment center a variance from the
157 representations made in the initial application. Consideration
158 of such a request shall be based upon the individual facts and
159 circumstances surrounding the request. A variance may not be
160 granted unless the requesting medical marijuana treatment center
161 can demonstrate to the department that it has a proposed
162 alternative to the specific representation made in its
163 application which fulfills the same or a similar purpose as the
164 specific representation in a way that the department can
165 reasonably determine will not be a lower standard than the
166 specific representation in the application. A variance may not
167 be granted from the requirements in subparagraph 2. and
168 subparagraphs (b)1. and 2.
169 1. A licensed medical marijuana treatment center may
170 transfer ownership to an individual or entity who meets the
171 requirements of this section. A publicly traded corporation or
172 publicly traded company that meets the requirements of this
173 section is not precluded from ownership of a medical marijuana
174 treatment center. To accommodate a change in ownership:
175 a. The licensed medical marijuana treatment center shall
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176 notify the department in writing at least 60 days before the
177 anticipated date of the change of ownership.
178 b. The individual or entity applying for initial licensure
179 due to a change of ownership must submit an application that
180 must be received by the department at least 60 days before the
181 date of change of ownership.
182 c. Upon receipt of an application for a license, the
183 department shall examine the application and, within 30 days
184 after receipt, notify the applicant in writing of any apparent
185 errors or omissions and request any additional information
186 required.
187 d. Requested information omitted from an application for
188 licensure must be filed with the department within 21 days after
189 the department's request for omitted information or the
190 application shall be deemed incomplete and shall be withdrawn
191 from further consideration and the fees shall be forfeited.
192 e. Within 30 days after the receipt of a complete
193 application, the department shall approve or deny the
194 application.
195 2. A medical marijuana treatment center, and any
196 individual or entity who directly or indirectly owns, controls,
197 or holds with power to vote 5 percent or more of the voting
198 shares of a medical marijuana treatment center, may not acquire
199 direct or indirect ownership or control of any voting shares or
200 other form of ownership of any other medical marijuana treatment
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201 center.
202 3. A medical marijuana treatment center may not enter into
203 any form of profit-sharing arrangement with the property owner
204 or lessor of any of its facilities where cultivation,
205 processing, storing, or dispensing of marijuana and marijuana
206 delivery devices occurs.
207 4. All employees of a medical marijuana treatment center
208 must be 21 years of age or older and have passed a background
209 screening pursuant to subsection (9).
210 5. Each medical marijuana treatment center must adopt and
211 enforce policies and procedures to ensure employees and
212 volunteers receive training on the legal requirements to
213 dispense marijuana to qualified patients.
214 6. When growing marijuana, a medical marijuana treatment
215 center:
216 a. May use pesticides determined by the department, after
217 consultation with the Department of Agriculture and Consumer
218 Services, to be safely applied to plants intended for human
219 consumption, but may not use pesticides designated as
220 restricted-use pesticides pursuant to s. 487.042.
221 b. Must grow marijuana within an enclosed structure and in
222 a room separate from any other plant.
223 c. Must inspect seeds and growing plants for plant pests
224 that endanger or threaten the horticultural and agricultural
225 interests of the state in accordance with chapter 581 and any
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226 rules adopted thereunder.
227 d. Must perform fumigation or treatment of plants, or
228 remove and destroy infested or infected plants, in ac cordance
229 with chapter 581 and any rules adopted thereunder.
230 7. Each medical marijuana treatment center must produce
231 and make available for purchase at least one low-THC cannabis
232 product.
233 8. A medical marijuana treatment center that produces
234 edibles must hold a permit to operate as a food establishment
235 pursuant to chapter 500, the Florida Food Safety Act, and must
236 comply with all the requirements for food establishments
237 pursuant to chapter 500 and any rules adopted thereunder.
238 Edibles may not contain more than 200 milligrams of
239 tetrahydrocannabinol, and a single serving portion of an edible
240 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
241 may have a potency variance of no greater than 15 percent.
242 Edibles may not be attractive to children; be manufactured in
243 the shape of humans, cartoons, or animals; be manufactured in a
244 form that bears any reasonable resemblance to products available
245 for consumption as commercially available candy; or contain any
246 color additives. To discourage consumption of edibles by
247 children, the department shall determine by rule any shapes,
248 forms, and ingredients allowed and prohibited for edibles.
249 Medical marijuana treatment centers may not begin processing or
250 dispensing edibles until after the effective date of the rule.
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251 The department shall also adopt sanitation rules providing the
252 standards and requirements for the storage, display, or
253 dispensing of edibles.
254 9. Within 12 months after licensure, a medical marijuana
255 treatment center must demonstrate to the department that all of
256 its processing facilities have passed a Food Safety Good
257 Manufacturing Practices, such as Global Food Safety Initiative
258 or equivalent, inspection by a nationally accredited certifying
259 body. A medical marijuana treatment center must immediately stop
260 processing at any facility which fails to pass this inspection
261 until it demonstrates to the department that such facility has
262 met this requirement.
263 10. A medical marijuana treatment center that produces
264 prerolled marijuana cigarettes may not use wrapping paper made
265 with tobacco or hemp.
266 11. When processing marijuana, a medical marijuana
267 treatment center must:
268 a. Process the marijuana within an enclosed structure and
269 in a room separate from other plants or products.
270 b. Comply with department rules when processing marijuana
271 with hydrocarbon solvents or other solvents or gases exhibiting
272 potential toxicity to humans. The department shall determine by
273 rule the requirements for medical marijuana treatment centers to
274 use such solvents or gases exhibiting potential toxicity to
275 humans.
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276 c. Comply with federal and state laws and regulations and
277 department rules for solid and liquid wastes. The department
278 shall determine by rule procedures for the storage, handling,
279 transportation, management, and disposal of solid and liquid
280 waste generated during marijuana production and processing. The
281 Department of Environmental Protection shall assist the
282 department in developing such rules.
283 d. Test the processed marijuana using a medical marijuana
284 testing laboratory before it is dispensed. Results must be
285 verified and signed by two medical marijuana treatment center
286 employees. Before dispensing, the medical marijuana treatment
287 center must determine that the test results indicate that low -
288 THC cannabis meets the definition of low-THC cannabis, the
289 concentration of tetrahydrocannabinol meets the potency
290 requirements of this section, the labeling of the concentration
291 of tetrahydrocannabinol and cannabidiol is accurate, and all
292 marijuana is safe for human consumption and free from
293 contaminants that are unsafe for human consumption. The
294 department shall determine by rule which contaminants must be
295 tested for and the maximum levels of each contaminant which are
296 safe for human consumption. The Department of Agriculture and
297 Consumer Services shall assist the department in developing the
298 testing requirements for contaminants that are unsafe for human
299 consumption in edibles. The department shall also determine by
300 rule the procedures for the treatment of marijuana that fails to
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301 meet the testing requirements of this section, s. 381.988, or
302 department rule. The department may select samples of marijuana
303 a random sample from edibles available for purchase in a medical
304 marijuana treatment center dispensing facility which shall be
305 tested by the department to determine whether that the marijuana
306 edible meets the potency requirements of this section, is safe
307 for human consumption, and is accurately labeled with the
308 labeling of the tetrahydrocannabinol and cannabidiol
309 concentration or to verify the result of marijuana testing
310 conducted by a marijuana testing laboratory. The department may
311 also select samples of marijuana delivery devices from a medical
312 marijuana treatment center to determine whether the marijuana
313 delivery device is safe for use by qualified patients is
314 accurate. A medical marijuana treatment center may not require
315 payment from the department for the sample. A medical marijuana
316 treatment center must recall marijuana edibles, including all
317 marijuana and marijuana products edibles made from the same
318 batch of marijuana, that fails which fail to meet the potency
319 requirements of this section, that is which are unsafe for human
320 consumption, or for which the labeling of the
321 tetrahydrocannabinol and cannabidiol concentration is
322 inaccurate. A medical marijuana treatment center must also
323 recall all marijuana delivery devices determined to be unsafe
324 for use by qualified patients. The medical marijuana treatment
325 center must retain records of all testing and samples of each
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326 homogenous batch of marijuana for at least 9 months. The medical
327 marijuana treatment center must contract with a marijuana
328 testing laboratory to perform audits on the medical marijuana
329 treatment center's standard operating procedures, testing
330 records, and samples and provide the results to the department
331 to confirm that the marijuana or low-THC cannabis meets the
332 requirements of this section and that the marijuana or low -THC
333 cannabis is safe for human consumption. A medical marijuana
334 treatment center shall reserve two processed samples from each
335 batch and retain such samples for at least 9 months for the
336 purpose of such audits. A medical marijuana treatment center may
337 use a laboratory that has not been certified by the department
338 under s. 381.988 until such time as at least one laboratory
339 holds the required certification, but in no event later than
340 July 1, 2018.
341 e. Package the marijuana in compliance with the United
342 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
343 1471 et seq.
344 f. Package the marijuana in a receptacle that has a firmly
345 affixed and legible label stating the following information:
346 (I) The marijuana or low-THC cannabis meets the
347 requirements of sub-subparagraph d.
348 (II) The name of the medical marijuana treatment center
349 from which the marijuana originates.
350 (III) The batch number and harvest number from which the
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351 marijuana originates and the date dispensed.
352 (IV) The name of the physician who issued the physician
353 certification.
354 (V) The name of the patient.
355 (VI) The product name, if applicable, and dosage form,
356 including concentration of tetrahydrocannabinol and cannabidiol.
357 The product name may not contain wording commonly associated
358 with products marketed by or to children.
359 (VII) The recommended dose.
360 (VIII) A warning that it is illegal to transfer medical
361 marijuana to another person.
362 (IX) A marijuana universal symbol developed by the
363 department.
364 12. The medical marijuana treatment center shall include
365 in each package a patient package insert with information on the
366 specific product dispensed related to:
367 a. Clinical pharmacology.
368 b. Indications and use.
369 c. Dosage and administration.
370 d. Dosage forms and strengths.
371 e. Contraindications.
372 f. Warnings and precautions.
373 g. Adverse reactions.
374 13. In addition to the packaging and labeling requirements
375 specified in subparagraphs 11. and 12., marijuana in a form for
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376 smoking must be packaged in a sealed receptacle with a legible
377 and prominent warning to keep away from children and a warning
378 that states marijuana smoke contains carcinogens and may
379 negatively affect health. Such receptacles for marijuana in a
380 form for smoking must be plain, opaque, and white without
381 depictions of the product or images other than the medical
382 marijuana treatment center's department-approved logo and the
383 marijuana universal symbol.
384 14. The department shall adopt rules to regulate the
385 types, appearance, and labeling of marijuana delivery devices
386 dispensed from a medical marijuana treatment center. The rules
387 must require marijuana delivery devices to have an appearance
388 consistent with medical use.
389 15. Each edible shall be individually sealed in plain,
390 opaque wrapping marked only with the marijuana universal symbol.
391 Where practical, each edible shall be marked with the marijuana
392 universal symbol. In addition to the packaging and labeling
393 requirements in subparagraphs 11. and 12., edible receptacles
394 must be plain, opaque, and white without depictions of the
395 product or images other than the medical marijuana treatment
396 center's department-approved logo and the marijuana universal
397 symbol. The receptacle must also include a list of all the
398 edible's ingredients, storage instructions, an expiration date,
399 a legible and prominent warning to keep away from children and
400 pets, and a warning that the edible has not been produced or
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401 inspected pursuant to federal food safety laws.
402 16. When dispensing marijuana or a marijuana delivery
403 device, a medical marijuana treatment center:
404 a. May dispense any active, valid order for low-THC
405 cannabis, medical cannabis and cannabis delivery devices issued
406 pursuant to former s. 381.986, Florida Statutes 2016, which was
407 entered into the medical marijuana use registry before July 1,
408 2017.
409 b. May not dispense more than a 70-day supply of marijuana
410 within any 70-day period to a qualified patient or caregiver.
411 May not dispense more than one 35-day supply of marijuana in a
412 form for smoking within any 35-day period to a qualified patient
413 or caregiver. A 35-day supply of marijuana in a form for smoking
414 may not exceed 2.5 ounces unless an exception to this amount is
415 approved by the department pursuant to paragraph (4)(f).
416 c. Must have the medical marijuana treatment center's
417 employee who dispenses the marijuana or a marijuana delivery
418 device enter into the medical marijuana use registry his or her
419 name or unique employee identifier.
420 d. Must verify that the qualified patient and the
421 caregiver, if applicable, each have an active registration in
422 the medical marijuana use registry and an active and valid
423 medical marijuana use registry identification card, the amount
424 and type of marijuana dispensed matches the physician
425 certification in the medical marijuana use registry for that
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426 qualified patient, and the physician certification has not
427 already been filled.
428 e. May not dispense marijuana to a qualified patient who
429 is younger than 18 years of age. If the qualified patient is
430 younger than 18 years of age, marijuana may only be dispensed to
431 the qualified patient's caregiver.
432 f. May not dispense or sell any other type of cannabis,
433 alcohol, or illicit drug-related product, including pipes or
434 wrapping papers made with tobacco or hemp, other than a
435 marijuana delivery device required for the medical use of
436 marijuana and which is specified in a physician certification.
437 g. Must, upon dispensing the marijuana or marijuana
438 delivery device, record in the registry the date, time,
439 quantity, and form of marijuana dispensed; the type of marijuana
440 delivery device dispensed; and the name and medical marijuana
441 use registry identification number of the qualified p atient or
442 caregiver to whom the marijuana delivery device was dispensed.
443 h. Must ensure that patient records are not visible to
444 anyone other than the qualified patient, his or her caregiver,
445 and authorized medical marijuana treatment center employees.
446 (14) EXCEPTIONS TO OTHER LAWS.—
447 (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
448 any other law, but subject to the requirements of this section,
449 the department, including an employee of the department acting
450 within the scope of his or her employment, may acquire, possess,
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451 test, transport, and lawfully dispose of marijuana and marijuana
452 delivery devices as provided in this section, in s. 381.988, and
453 by department rule.
454 Section 4. Subsection (1) of section 456.039, Florida
455 Statutes, is amended to read:
456 456.039 Designated health care professionals; information
457 required for licensure.—
458 (1) Each person who applies for initial licensure as a
459 physician under chapter 458, chapter 459, chapter 460, or
460 chapter 461, except a person applying for registration pursuant
461 to ss. 458.345 and 459.021, must, at the time of application,
462 and each physician who applies for license renewal under chapter
463 458, chapter 459, chapter 460, or chapter 461, except a person
464 registered pursuant to ss. 458.345 and 459.021, must, in
465 conjunction with the renewal of such license and under
466 procedures adopted by the Department of Health, and in addition
467 to any other information that may be required from the
468 applicant, furnish the following information to the Department
469 of Health:
470 (a)1. The name of each medical school that the applicant
471 has attended, with the dates of attendance and the date of
472 graduation, and a description of all graduate medical education
473 completed by the applicant, excluding any coursework taken to
474 satisfy medical licensure continuing education requirements.
475 2. The name of each hospital at which the applicant has
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476 privileges.
477 3. The address at which the applicant will primarily
478 conduct his or her practice.
479 4. Any certification that the applicant has receiv ed from
480 a specialty board that is recognized by the board to which the
481 applicant is applying.
482 5. The year that the applicant began practicing medicine.
483 6. Any appointment to the faculty of a medical school
484 which the applicant currently holds and an indication as to
485 whether the applicant has had the responsibility for graduate
486 medical education within the most recent 10 years.
487 7. A description of any criminal offense of which the
488 applicant has been found guilty, regardless of whether
489 adjudication of guilt was withheld, or to which the applicant
490 has pled guilty or nolo contendere. A criminal offense committed
491 in another jurisdiction which would have been a felony or
492 misdemeanor if committed in this state must be reported. If the
493 applicant indicates that a criminal offense is under appeal and
494 submits a copy of the notice for appeal of that criminal
495 offense, the department must state that the criminal offense is
496 under appeal if the criminal offense is reported in the
497 applicant's profile. If the applicant indicates to the
498 department that a criminal offense is under appeal, the
499 applicant must, upon disposition of the appeal, submit to the
500 department a copy of the final written order of disposition.
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501 8. A description of any final disciplinary action taken
502 within the previous 10 years against the applicant by the agency
503 regulating the profession that the applicant is or has been
504 licensed to practice, whether in this state or in any other
505 jurisdiction, by a specialty board that is recognized by the
506 American Board of Medical Specialties, the American Osteopathic
507 Association, or a similar national organization, or by a
508 licensed hospital, health maintenance organization, prepaid
509 health clinic, ambulatory surgical center, or nursing home.
510 Disciplinary action includes resignation from or nonrenewal of
511 medical staff membership or the restriction of privileges at a
512 licensed hospital, health maintenance organization, prepaid
513 health clinic, ambulatory surgical center, or nursing home taken
514 in lieu of or in settlement of a pending disciplinary case
515 related to competence or character. If the applicant indicates
516 that the disciplinary action is under appeal and submits a copy
517 of the document initiating an appeal of the disciplinary action,
518 the department must state that the disciplinary action is under
519 appeal if the disciplinary action is reported in the applicant's
520 profile.
521 9. Relevant professional qualifications as defined by the
522 applicable board.
523 (b) In addition to the information required under
524 paragraph (a), each applicant who seeks licensure under chapter
525 458, chapter 459, or chapter 461, and who has practiced
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526 previously in this state or in another jurisdiction or a foreign
527 country must provide the information required of licensees under
528 those chapters pursuant to s. 456.049. An applicant for
529 licensure under chapter 460 who has practiced previously in this
530 state or in another jurisdiction or a foreign country must
531 provide the same information as is required of licensees under
532 chapter 458, pursuant to s. 456.049.
533 (c) Each applicant who seeks licensure under chapter 458
534 or chapter 459 must provide proof of payment of the assessment
535 required under s. 766.314, if applicable.
536 Section 5. Subsection (1) of section 460.406, Florida
537 Statutes, is amended to read:
538 460.406 Licensure by examination.—
539 (1) Any person desiring to be licensed as a chiropractic
540 physician must apply to the department to take the licensure
541 examination. There shall be an application fee set by the board
542 not to exceed $100 which shall be nonrefundable. There shall
543 also be an examination fee not to exceed $500 plus the actual
544 per applicant cost to the department for purchase of portions of
545 the examination from the National Board of Chiropractic
546 Examiners or a similar national organization, which may be
547 refundable if the applicant is found ineligible to take the
548 examination. The department shall examine each applicant whom
549 who the board certifies has met all of the following criteria:
550 (a) Completed the application form and remitted the
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551 appropriate fee.
552 (b) Submitted proof satisfactory to the department that he
553 or she is not less than 18 years of age.
554 (c) Submitted proof satisfactory to the department that he
555 or she is a graduate of a chiropractic college which is
556 accredited by or has status with the Council on Chiropractic
557 Education or its predecessor agency. However, any applicant who
558 is a graduate of a chiropractic college that was initially
559 accredited by the Council on Chiropractic Education in 1995, who
560 graduated from such college within the 4 years immediately
561 preceding such accreditation, and who is otherwise qualified is
562 shall be eligible to take the examination. An No application for
563 a license to practice chiropractic medicine may not shall be
564 denied solely because the applicant is a graduate of a
565 chiropractic college that subscribes to one philosophy of
566 chiropractic medicine as distinguished from another.
567 (d)1. For an applicant who has matriculated in a
568 chiropractic college before prior to July 2, 1990, completed at
569 least 2 years of residence college work, consisting of a minimum
570 of one-half the work acceptable for a bachelor's degree granted
571 on the basis of a 4-year period of study, in a college or
572 university accredited by an institutional accrediting agency
573 recognized and approved by the United States Department of
574 Education. However, before prior to being certified by the board
575 to sit for the examination, each applicant who has matriculated
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576 in a chiropractic college after July 1, 1990, must shall have
577 been granted a bachelor's degree, based upon 4 academic years of
578 study, by a college or university accredited by an institutional
579 a regional accrediting agency that which is a member of the
580 Commission on Recognition of Postsecondary Accreditation.
581 2. Effective July 1, 2000, completed, before prior to
582 matriculation in a chiropractic college, at least 3 years of
583 residence college work, consisting of a minimum of 90 semester
584 hours leading to a bachelor's degree in a liberal arts college
585 or university accredited by an institutional accrediting agency
586 recognized and approved by the United States Department of
587 Education. However, before prior to being certified by the board
588 to sit for the examination, each applicant who has matriculated
589 in a chiropractic college after July 1, 2000, must shall have
590 been granted a bachelor's degree from an institution holding
591 accreditation for that degree from an institutional a regional
592 accrediting agency that which is recognized by the United States
593 Department of Education. The applicant's chiropractic degree
594 must consist of credits earned in the chiropractic program and
595 may not include academic credit for courses from the bachelor's
596 degree.
597 (e) Successfully completed the National Board of
598 Chiropractic Examiners certification examination in parts I, II,
599 III, and IV, and the physiotherapy examination of the National
600 Board of Chiropractic Examiners, with a score approved by the
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601 board.
602 (f) Submitted to the department a set of fingerprints on a
603 form and under procedures specified by the department, along
604 with payment in an amount equal to the costs incurred by the
605 Department of Health for the criminal background check of the
606 applicant.
607
608 The board may require an applicant who graduated from an
609 institution accredited by the Council on Chiropractic Education
610 more than 10 years before the date of application to the board
611 to take the National Board of Chiropractic Examiners Special
612 Purposes Examination for Chiropractic, or its equivalent, as
613 determined by the board. The board shall establish by rule a
614 passing score.
615 Section 6. Subsection (4) of section 464.008, Florida
616 Statutes, is amended to read:
617 464.008 Licensure by examination.—
618 (4) If an applicant who graduates from an approved program
619 does not take the licensure examination within 6 months after
620 graduation, he or she must enroll in and successfully complete a
621 board-approved licensure examination preparatory course. The
622 applicant is responsible for all costs associated with the
623 course and may not use state or federal financial aid for such
624 costs. The board shall by rule establish guidelines for
625 licensure examination preparatory courses.
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626 Section 7. Paragraph (e) of subsection (1) of section
627 464.018, Florida Statutes, is amended to read:
628 464.018 Disciplinary actions.—
629 (1) The following acts constitute grounds for denial of a
630 license or disciplinary action, as specified in ss. 456.072(2)
631 and 464.0095:
632 (e) Having been found guilty of, regardless of
633 adjudication, or entered a plea of nolo contendere or guilty to,
634 regardless of adjudication, any offense prohibited under s.
635 435.04 or similar statute of another jurisdiction; or having
636 committed an act which constitutes domestic violence as defined
637 in s. 741.28.
638 Section 8. Present subsections (13) and (14) of section
639 467.003, Florida Statutes, are redesignated as subsections (14)
640 and (15), respectively, a new subsection (13) is added to that
641 section, and subsections (1) and (12) of that section are
642 amended, to read:
643 467.003 Definitions.—As used in this chapter, unless the
644 context otherwise requires:
645 (1) "Approved midwifery program" means a midwifery school
646 or a midwifery training program which is approved by the
647 department pursuant to s. 467.205.
648 (12) "Preceptor" means a physician licensed under chapter
649 458 or chapter 459, a licensed midwife licensed under this
650 chapter, or a certified nurse midwife licensed under chapter
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651 464, who has a minimum of 3 years' professional experience , and
652 who directs, teaches, supervises, and evaluates the learning
653 experiences of a the student midwife as part of an approved
654 midwifery program.
655 (13) "Prelicensure course" means a course of study,
656 offered by an accredited midwifery program and approved by the
657 department, which an applicant for licensure must complete
658 before a license may be issued and which provides instruction in
659 the laws and rules of this state and demonstrates the student’s
660 competency to practice midwifery under this chapter .
661 Section 9. Section 467.009, Florida Statutes, is amended
662 to read:
663 467.009 Accredited and approved midwifery programs;
664 education and training requirements.—
665 (1) The department shall adopt standards for accredited
666 and approved midwifery programs which must include, but need not
667 be limited to, standards for all of the following:
668 (a) . The standards shall encompass Clinical and classroom
669 instruction in all aspects of prenatal, intrapartal, and
670 postpartal care, including all of the following:
671 1. Obstetrics.;
672 2. Neonatal pediatrics.;
673 3. Basic sciences.;
674 4. Female reproductive anatomy and physiology.;
675 5. Behavioral sciences.;
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676 6. Childbirth education.;
677 7. Community care.;
678 8. Epidemiology.;
679 9. Genetics.;
680 10. Embryology.;
681 11. Neonatology.;
682 12. Applied pharmacology.;
683 13. The medical and legal aspects of midwifery.;
684 14. Gynecology and women's health.;
685 15. Family planning.;
686 16. Nutrition during pregnancy and lactation.;
687 17. Breastfeeding.; and
688 18. Basic nursing skills; and any other instruction
689 determined by the department and council to be necessary.
690 (b) The standards shall incorporate the Core competencies,
691 incorporating those established by the American College of Nurse
692 Midwives and the Midwives Alliance of North America, including
693 knowledge, skills, and professional behavior in all of the
694 following areas:
695 1. Primary management, collaborative management, referral,
696 and medical consultation.;
697 2. Antepartal, intrapartal, postpartal, and neonatal
698 care.;
699 3. Family planning and gynecological care.;
700 4. Common complications.; and
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701 5. Professional responsibilities.
702 (c) Noncurricular The standards shall include
703 noncurriculum matters under this section, including, but not
704 limited to, staffing and teacher qualifications.
705 (2) An accredited and approved midwifery program must
706 offer shall include a course of study and clinical training for
707 a minimum of 3 years which incorporates all of the standards,
708 curriculum guidelines, and educational objectives provided in
709 this section and the rules adopted hereunder.
710 (3) An accredited and approved midwifery program may
711 reduce If the applicant is a registered nurse or a licensed
712 practical nurse or has previous nursing or midwifery education,
713 the required period of training may be reduced to the extent of
714 the student's applicant's qualifications as a registered nurse
715 or licensed practical nurse or based on prior completion of
716 equivalent nursing or midwifery education, as determined under
717 rules adopted by the department rule. In no case shall the
718 training be reduced to a period of less than 2 years.
719 (4)(3) An accredited and approved midwifery program may
720 accept students who To be accepted into an approved midwifery
721 program, an applicant shall have both:
722 (a) A high school diploma or its equivalent.
723 (b) Taken three college-level credits each of math and
724 English or demonstrated competencies in communication and
725 computation.
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726 (5)(4) As part of its course of study, an accredited and
727 approved midwifery program must require clinical training that
728 includes all of the following:
729 (a) A student midwife, during training, shall undertake,
730 under the supervision of a preceptor, The care of 50 women in
731 each of the prenatal, intrapartal, and postpartal periods under
732 the supervision of a preceptor., but The same women need not be
733 seen through all three periods.
734 (b)(5) Observation of The student midwife shall observe an
735 additional 25 women in the intrapartal period before qualifying
736 for a license.
737 (6) Clinical The training required under this section must
738 include all of the following:
739 (a) shall include Training in either hospitals or
740 alternative birth settings, or both.
741 (b) A requirement that students demonstrate competency in
742 the assessment of and differentiation, with particular emphasis
743 on learning the ability to differentiate between low-risk
744 pregnancies and high-risk pregnancies.
745 (7) A hospital or birthing center receiving public funds
746 shall be required to provide student midwives access to observe
747 labor, delivery, and postpartal procedures, provided the woman
748 in labor has given informed consent. The Department of Health
749 shall assist in facilitating access to hospital training for
750 accredited and approved midwifery programs.
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751 (8)(7) The Department of Education shall adopt curricular
752 frameworks for midwifery programs offered by conducted within
753 public educational institutions under pursuant to this section.
754 (8) Nonpublic educational institutions that conduct
755 approved midwifery programs shall be accredited by a member of
756 the Commission on Recognition of Postsecondary Accreditation and
757 shall be licensed by the Commission for Independent Education.
758 Section 10. Section 467.011, Florida Statutes, is amended
759 to read:
760 467.011 Licensed midwives; qualifications; examination
761 Licensure by examination.—
762 (1) The department shall administer an examination to test
763 the proficiency of applicants in the core competencies required
764 to practice midwifery as specified in s. 467.009.
765 (2) The department shall develop, publish, and make
766 available to interested parties at a reasonable cost a
767 bibliography and guide for the examination.
768 (3) The department shall issue a license to practice
769 midwifery to an applicant who meets all of the following
770 criteria:
771 (1) Demonstrates that he or she has graduated from one of
772 the following:
773 (a) An accredited and approved midwifery program.
774 (b) A medical or midwifery program offered in another
775 state, jurisdiction, territory, or country whose graduation
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776 requirements were equivalent to or exceeded those required by s.
777 467.009 and the rules adopted thereunder at the time of
778 graduation.
779 (2) Demonstrates that he or she has and successfully
780 completed a prelicensure course offered by an accredited and
781 approved midwifery program. Students graduating from an
782 accredited and approved midwifery program may meet this
783 requirement by showing that the content requirements for the
784 prelicensure course were covered as part of their course of
785 study.
786 (3) Submits an application for licensure on a form
787 approved by the department and pays the appropriate fee.
788 (4) Demonstrates that he or she has received a passing
789 score on an the examination specified by the department, upon
790 payment of the required licensure fee.
791 Section 11. Section 467.0125, Florida Statutes, is amended
792 to read:
793 467.0125 Licensed midwives; qualifications; Licensure by
794 endorsement; temporary certificates.—
795 (1) The department shall issue a license by endorsement to
796 practice midwifery to an applicant who, upon applying to the
797 department, demonstrates to the department that she or he meets
798 all of the following criteria:
799 (a)1. Holds a valid certificate or diploma from a foreign
800 institution of medicine or midwifery or from a midwifery program
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801 offered in another state, bearing the seal of the institution or
802 otherwise authenticated, which renders the individual eligible
803 to practice midwifery in the country or state in which it was
804 issued, provided the requirements therefor are deemed by the
805 department to be substantially equivalent to, or to exceed,
806 those established under this chapter and rules adopted under
807 this chapter, and submits therewith a certified translation of
808 the foreign certificate or diploma; or
809 2. Holds an active, unencumbered a valid certificate or
810 license to practice midwifery in another state, jurisdiction, or
811 territory issued by that state, provided the licensing
812 requirements of that state, jurisdiction, or territory at the
813 time the license was issued were therefor are deemed by the
814 department to be substantially equivalent to, or exceeded to
815 exceed, those established under this chapter and the rules
816 adopted hereunder under this chapter.
817 (b) Has successfully completed a 4-month prelicensure
818 course conducted by an accredited and approved midwifery program
819 and has submitted documentation to the department of successful
820 completion.
821 (c) Submits an application for licensure on a form
822 approved by the department and pays the appropriate fee Has
823 successfully passed the licensed midwifery examination.
824 (2) The department may issue a temporary certificate to
825 practice in areas of critical need to an applicant any midwife
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826 who is qualifying for a midwifery license licensure by
827 endorsement under subsection (1) and who meets all of the
828 following criteria, with the following restrictions:
829 (a) Submits an application for a temporary certificate on
830 a form approved by the department and pays the appropriate fee,
831 which may not exceed $50 and is in addition to the fee required
832 for licensure by endorsement under subsection (1).
833 (b) Specifies on the application that he or she will The
834 Department of Health shall determine the areas of critical need,
835 and the midwife so certified shall practice only in one or more
836 of the following locations:
837 1. A county health department.
838 2. A correctional facility.
839 3. A United States Department of Veterans Affairs clinic.
840 4. A community health center funded by s. 329, s. 330, or
841 s. 340 of the Public Health Service Act.
842 5. Any other agency or institution that is approved by the
843 State Surgeon General and provides health care to meet the needs
844 of an underserved population in this state.
845 (c) Will practice only those specific areas, under the
846 supervision auspices of a physician licensed under pursuant to
847 chapter 458 or chapter 459, a certified nurse midwife licensed
848 under pursuant to part I of chapter 464, or a midwife licensed
849 under this chapter, who has a minimum of 3 years' professional
850 experience.
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851 (3) The department may issue a temporary certificate under
852 this section with the following restrictions:
853 (a) A requirement that a temporary certificateholder
854 practice only in areas of critical need. The State Surgeon
855 General shall determine the areas of critical need, which Such
856 areas shall include, but are not be limited to, health
857 professional shortage areas designated by the United States
858 Department of Health and Human Services.
859 (b) A requirement that if a temporary certificateholder's
860 practice area ceases to be an area of critical need, within 30
861 days after such change the certificateholder must either:
862 1. Report a new practice area of critical need to the
863 department; or
864 2. Voluntarily relinquish the temporary certificate.
865 (4) The department shall review a temporary
866 certificateholder's practice at least annually to determine
867 whether the certificateholder is meeting the requirements of
868 subsections (2) and (3) and the rules adopted thereunder. If the
869 department determines that a certificateholder is not meeting
870 these requirements, the department must revoke the temporary
871 certificate.
872 (5) A temporary certificate issued under this section is
873 shall be valid only as long as an area for which it is issued
874 remains an area of critical need, but no longer than 2 years,
875 and is shall not be renewable.
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876 (c) The department may administer an abbreviated oral
877 examination to determine the midwife's competency, but no
878 written regular examination shall be necessary.
879 (d) The department shall not issue a temporary certificate
880 to any midwife who is under investigation in another state for
881 an act which would constitute a violation of this chapter until
882 such time as the investigation is complete, at which time the
883 provisions of this section shall apply.
884 (e) The department shall review the practice under a
885 temporary certificate at least annually to ascertain that the
886 minimum requirements of the midwifery rules promulgated under
887 this chapter are being met. If it is determined that the minimum
888 requirements are not being met, the department shall immediately
889 revoke the temporary certificate.
890 (f) The fee for a temporary certificate shall not exceed
891 $50 and shall be in addition to the fee required for licensure.
892 Section 12. Section 467.205, Florida Statutes, is amended
893 to read:
894 467.205 Approval of midwifery programs.—
895 (1) The department must approve an accredited or state -
896 licensed public or private institution seeking to provide
897 midwifery education and training as an approved midwifery
898 program in this state if the institution meets all of the
899 following criteria:
900 (a) Submits an application for approval on a form approved
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901 by the department.
902 (b) Demonstrates to the department's satisfaction that the
903 proposed midwifery program complies with s. 467.009 and the
904 rules adopted thereunder.
905 (c) For a private institution, demonstrates its
906 accreditation by a member of the Council for Higher Education
907 Accreditation or and accrediting agency approved by the United
908 States Department of Education as an institutional accrediting
909 agency for direct-entry midwifery education programs or an
910 accrediting agency approved by the United States Department of
911 Education and its licensing or provisional licensing by the
912 Commission for Independent Education An organization desiring to
913 conduct an approved program for the education of midwives shall
914 apply to the department and submit such evidence as may be
915 required to show that it complies with s. 467.009 and with the
916 rules of the department. Any accredited or state-licensed
917 institution of higher learning, public or private, may provide
918 midwifery education and training.
919 (2) The department shall adopt rules regarding educational
920 objectives, faculty qualifications, curriculum guidelines,
921 administrative procedures, and other training requirements as
922 are necessary to ensure that approved programs graduate midwives
923 competent to practice under this chapter.
924 (3) The department shall survey each organization applying
925 for approval. If the department is satisfied that the program
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926 meets the requirements of s. 467.009 and rules adopted pursuant
927 to that section, it shall approve the program.
928 (2)(4) The department shall, at least once every 3 years,
929 certify whether each approved midwifery program is currently
930 compliant, and has maintained compliance, complies with the
931 requirements of standards developed under s. 467.009 and the
932 rules adopted thereunder.
933 (3)(5) If the department finds that an approved midwifery
934 program is not in compliance with the requirements of s. 467.009
935 or the rules adopted thereunder, or has lost its accreditation
936 status, the department must provide its finding to the program
937 in writing and no longer meets the required standards, it may
938 place the program on probationary status for a specified period
939 of time, which may not exceed 3 years until such time as the
940 standards are restored.
941 (4) If a program on probationary status does not come into
942 compliance with the requirements of s. 467.009 or the rules
943 adopted thereunder, or regain its accreditation status, as
944 applicable, within the period specified by the department fails
945 to correct these conditions within a specified period of time ,
946 the department may rescind the program's approval.
947 (5) A Any program that has having its approval rescinded
948 has shall have the right to reapply for approval.
949 (6) The department may grant provisional approval of a new
950 program seeking accreditation status, for a period not to exceed
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951 5 years, provided that all other requirements of this section
952 are met.
953 (7) The department may rescind provisional approval of a
954 program that fails to meet the requirements of s. 467.009, this
955 section, or the rules adopted thereunder, in accord ance with
956 procedures provided in subsections (3) and (4) may be granted
957 pending the licensure results of the first graduating class.
958 Section 13. Subsections (2), (3), and (4) and paragraphs
959 (a) and (b) of subsection (5) of section 468.803, Florida
960 Statutes, are amended to read:
961 468.803 License, registration, and examination
962 requirements.—
963 (2) An applicant for registration, examination, or
964 licensure must apply to the department on a form prescribed by
965 the board for consideration of board approval. Each initial
966 applicant shall submit a set of fingerprints to the department
967 in accordance with on a form and under procedures specified by
968 the department, along with payment in an amount equal to the
969 costs incurred by the department for state and national criminal
970 history checks of the applicant. The department shall submit the
971 fingerprints provided by an applicant to the Department of Law
972 Enforcement for a statewide criminal history check, and the
973 Department of Law Enforcement shall forward the fingerprints to
974 the Federal Bureau of Investigation for a national criminal
975 history check of the applicant. The board shall screen the
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976 results to determine if an applicant meets licensure
977 requirements. The board shall consider for examination,
978 registration, or licensure each applicant whom who the board
979 verifies:
980 (a) Has submitted the completed application and completed
981 the fingerprinting requirements fingerprint forms and has paid
982 the applicable application fee, not to exceed $500, and the cost
983 of the state and national criminal history checks. The
984 application fee is and cost of the criminal history checks shall
985 be nonrefundable;
986 (b) Is of good moral character;
987 (c) Is 18 years of age or older; and
988 (d) Has completed the appropriate educational preparation.
989 (3) A person seeking to attain the orthotics or
990 prosthetics experience required for licensure in this state must
991 be approved by the board and registered as a resident by the
992 department. Although a registration may be held in both
993 disciplines, for independent registrations the board may not
994 approve a second registration until at least 1 year after the
995 issuance of the first registration. Notwithstanding subsection
996 (2), a person who has been approved by the board and registered
997 by the department in one discipline may apply for registration
998 in the second discipline without an additional state or national
999 criminal history check during the period in which the first
1000 registration is valid. Each independent registration or dual
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1001 registration is valid for 2 years after the date of issuance
1002 unless otherwise revoked by the department upon recommendation
1003 of the board. The board shall set a registration fee not to
1004 exceed $500 to be paid by the applicant. A registration may be
1005 renewed once by the department upon recommendation of the board
1006 for a period no longer than 1 year, as such renewal is defined
1007 by the board by rule. The renewal fee may not exceed one-half
1008 the current registration fee. To be considered by the board for
1009 approval of registration as a resident, the applicant must have
1010 one of the following:
1011 (a) A Bachelor of Science or higher-level postgraduate
1012 degree in orthotics and prosthetics from an a regionally
1013 accredited college or university recognized by the Commission on
1014 Accreditation of Allied Health Education Programs.
1015 (b) A minimum of a bachelor's degree from an
1016 institutionally a regionally accredited college or university
1017 and a certificate in orthotics or prosthetics from a program
1018 recognized by the Commission on Accreditation of Allied Health
1019 Education Programs, or its equivalent, as determined by the
1020 board.
1021 (c) A minimum of a bachelor's degree from an
1022 institutionally a regionally accredited college or university
1023 and a dual certificate in both orthotics and prosthetics from
1024 programs recognized by the Commission on Accreditation of Allied
1025 Health Education Programs, or its equivalent, as determined by
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1026 the board.
1027 (4) The department may develop and administer a state
1028 examination for an orthotist or a prosthetist license, or the
1029 board may approve the existing examination of a national
1030 standards organization. The examination must be predicated on a
1031 minimum of a baccalaureate-level education and formalized
1032 specialized training in the appropriate field. Each examination
1033 must demonstrate a minimum level of competence in basic
1034 scientific knowledge, written problem solving, and practical
1035 clinical patient management. The board shall require an
1036 examination fee not to exceed the actual cost to the board in
1037 developing, administering, and approving the examination, which
1038 fee must be paid by the applicant. To be considered by the board
1039 for examination, the applicant must have:
1040 (a) For an examination in orthotics:
1041 1. A Bachelor of Science or higher-level postgraduate
1042 degree in orthotics and prosthetics from an institutionally a
1043 regionally accredited college or university recognized by the
1044 Commission on Accreditation of Allied Health Education Programs
1045 or, at a minimum, a bachelor's degree from an institutionally a
1046 regionally accredited college or university and a certificate in
1047 orthotics from a program recognized by the Commission on
1048 Accreditation of Allied Health Education Programs, or its
1049 equivalent, as determined by the board; and
1050 2. An approved orthotics internship of 1 year of qualified
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1051 experience, as determined by the board, or an orthotic residency
1052 or dual residency program recognized by the board.
1053 (b) For an examination in prosthetics:
1054 1. A Bachelor of Science or higher-level postgraduate
1055 degree in orthotics and prosthetics from an institutionally a
1056 regionally accredited college or university recognized by the
1057 Commission on Accreditation of Allied Health Education Programs
1058 or, at a minimum, a bachelor's degree from an institutionally a
1059 regionally accredited college or university and a certificate in
1060 prosthetics from a program recognized by the Commission on
1061 Accreditation of Allied Health Education Programs, or its
1062 equivalent, as determined by the board; and
1063 2. An approved prosthetics internship of 1 year of
1064 qualified experience, as determined by the board, or a
1065 prosthetic residency or dual residency program recognized by the
1066 board.
1067 (5) In addition to the requirements in subsection (2), to
1068 be licensed as:
1069 (a) An orthotist, the applicant must pay a license fee not
1070 to exceed $500 and must have:
1071 1. A Bachelor of Science or higher-level postgraduate
1072 degree in orthotics and prosthetics from an institutionally a
1073 regionally accredited college or university recognized by the
1074 Commission on Accreditation of Allied Health Education Programs,
1075 or a bachelor's degree from an institutionally accredited
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1076 college or university and with a certificate in orthotics from a
1077 program recognized by the Commission on Accreditation of Allied
1078 Health Education Programs, or its equivalent, as determined by
1079 the board;
1080 2. An approved appropriate internship of 1 year of
1081 qualified experience, as determined by the board, or a residency
1082 program recognized by the board;
1083 3. Completed the mandatory courses; and
1084 4. Passed the state orthotics examination or the board-
1085 approved orthotics examination.
1086 (b) A prosthetist, the applicant must pay a license fee
1087 not to exceed $500 and must have:
1088 1. A Bachelor of Science or higher-level postgraduate
1089 degree in orthotics and prosthetics from an institutionally a
1090 regionally accredited college or university recognized by the
1091 Commission on Accreditation of Allied Health Education Programs ,
1092 or a bachelor's degree from an institutionally accredited
1093 college or university and with a certificate in prosthetics from
1094 a program recognized by the Commission on Accreditation of
1095 Allied Health Education Programs, or its equivalent, as
1096 determined by the board;
1097 2. An internship of 1 year of qualified experience, as
1098 determined by the board, or a residency program recognized by
1099 the board;
1100 3. Completed the mandatory courses; and
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1101 4. Passed the state prosthetics examination or the board-
1102 approved prosthetics examination.
1103 Section 14. Section 483.824, Florida Statutes, is amended
1104 to read:
1105 483.824 Qualifications of clinical laboratory director.—A
1106 clinical laboratory director must have 4 years of clinical
1107 laboratory experience with 2 years of experience in the
1108 specialty to be directed or be nationally board certified in the
1109 specialty to be directed, and must meet one of the following
1110 requirements:
1111 (1) Be a physician licensed under chapter 458 or chapter
1112 459;
1113 (2) Hold an earned doctoral degree in a chemical,
1114 physical, or biological science from an a regionally accredited
1115 institution and maintain national certification requirements
1116 equal to those required by the federal Health Care Financing
1117 Administration; or
1118 (3) For the subspecialty of oral pathology, be a physician
1119 licensed under chapter 458 or chapter 459 or a dentist licensed
1120 under chapter 466.
1121 Section 15. Subsection (3) of section 490.003, Florida
1122 Statutes, is amended to read:
1123 490.003 Definitions.—As used in this chapter:
1124 (3)(a) "Doctoral degree from an American Psychological
1125 Association accredited program" means Effective July 1, 1999,
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1126 "doctoral-level psychological education" and "doctoral degree in
1127 psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
1128 psychology from a psychology program at an educational
1129 institution that, at the time the applicant was enrolled and
1130 graduated:
1131 1.(a) Had institutional accreditation from an agency
1132 recognized and approved by the United States Department of
1133 Education or was recognized as a member in good standing with
1134 the Association of Universities and Colleges of Canada; and
1135 2.(b) Had programmatic accreditation from the American
1136 Psychological Association.
1137 (b) "Doctoral degree in psychology" means a Psy.D., an
1138 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
1139 program at an educational institution that, at the time the
1140 applicant was enrolled and graduated, had institutional
1141 accreditation from an agency recognized and approved by the
1142 United States Department of Education or was recognized as a
1143 member in good standing with the Association of Universities and
1144 Colleges of Canada.
1145 Section 16. Subsection (1) of section 490.005, Florida
1146 Statutes, is amended to read:
1147 490.005 Licensure by examination.—
1148 (1) Any person desiring to be licensed as a psychologist
1149 shall apply to the department to take the licensure examination.
1150 The department shall license each applicant whom who the board
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1151 certifies has met all of the following requirements:
1152 (a) Completed the application form and remitted a
1153 nonrefundable application fee not to exceed $500 and an
1154 examination fee set by the board sufficient to cover the actual
1155 per applicant cost to the department for development, purchase,
1156 and administration of the examination, but not to exceed $500.
1157 (b) Submitted proof satisfactory to the board that the
1158 applicant has received:
1159 1. A doctoral degree from an American Psychological
1160 Association accredited program Doctoral-level psychological
1161 education; or
1162 2. The equivalent of a doctoral degree from an American
1163 Psychological Association accredited program doctoral-level
1164 psychological education, as defined in s. 490.003(3), from a
1165 program at a school or university located outside the United
1166 States of America which was officially recognized by the
1167 government of the country in which it is located as an
1168 institution or program to train students to practice
1169 professional psychology. The applicant has the burden of
1170 establishing that this requirement has been met.
1171 (c) Had at least 2 years or 4,000 hours of experience in
1172 the field of psychology in association with or under th e
1173 supervision of a licensed psychologist meeting the academic and
1174 experience requirements of this chapter or the equivalent as
1175 determined by the board. The experience requirement may be met
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1176 by work performed on or off the premises of the supervising
1177 psychologist if the off-premises work is not the independent,
1178 private practice rendering of psychological services that does
1179 not have a psychologist as a member of the group actually
1180 rendering psychological services on the premises.
1181 (d) Passed the examination. However, an applicant who has
1182 obtained a passing score, as established by the board by rule,
1183 on the psychology licensure examination designated by the board
1184 as the national licensure examination need only pass the Florida
1185 law and rules portion of the examination.
1186 Section 17. Subsection (1) of section 490.0051, Florida
1187 Statutes, is amended to read:
1188 490.0051 Provisional licensure; requirements.—
1189 (1) The department shall issue a provisional psychology
1190 license to each applicant who the board certifies has:
1191 (a) Completed the application form and remitted a
1192 nonrefundable application fee not to exceed $250, as set by
1193 board rule.
1194 (b) Earned a doctoral degree from an American
1195 Psychological Association accredited program in psychology as
1196 defined in s. 490.003(3).
1197 (c) Met any additional requirements established by board
1198 rule.
1199 Section 18. Subsections (1), (3), and (4) of section
1200 491.005, Florida Statutes, are amended to read:
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1201 491.005 Licensure by examination.—
1202 (1) CLINICAL SOCIAL WORK.—Upon verification of
1203 documentation and payment of a fee not to exceed $200, as set by
1204 board rule, plus the actual per applicant cost to the department
1205 for purchase of the examination from the American Association of
1206 State Social Worker's Boards or a similar national organization,
1207 the department shall issue a license as a clinical social worker
1208 to an applicant whom who the board certifies has met all of the
1209 following criteria:
1210 (a) Has Submitted an application and paid the appropriate
1211 fee.
1212 (b)1. Has Received a doctoral degree in social work from a
1213 graduate school of social work which at the time the applicant
1214 graduated was accredited by an accrediting agency recognized by
1215 the United States Department of Education or has received a
1216 master's degree in social work from a graduate school of social
1217 work which at the time the applicant graduated:
1218 a. Was accredited by the Council on Social Work Education;
1219 b. Was accredited by the Canadian Association of Schools
1220 of Social Work; or
1221 c. Has been determined to have been a program equivalent
1222 to programs approved by the Council on Social Work Education by
1223 the Foreign Equivalency Determination Service of the Council on
1224 Social Work Education. An applicant who graduated from a program
1225 at a university or college outside of the United States or
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1226 Canada must present documentation of the equivalency
1227 determination from the council in order to qualify.
1228 2. The applicant's graduate program must have emphasized
1229 direct clinical patient or client health care services,
1230 including, but not limited to, coursework in clinical social
1231 work, psychiatric social work, medical social work, social
1232 casework, psychotherapy, or group therapy. The applicant's
1233 graduate program must have included all of the following
1234 coursework:
1235 a. A supervised field placement which was part of the
1236 applicant's advanced concentration in direct practice, during
1237 which the applicant provided clinical services directly to
1238 clients.
1239 b. Completion of 24 semester hours or 32 quarter hours in
1240 theory of human behavior and practice methods as courses in
1241 clinically oriented services, including a minimum of one course
1242 in psychopathology, and no more than one course in research,
1243 taken in a school of social work accredited or approved pursuant
1244 to subparagraph 1.
1245 3. If the course title which appears on the applicant's
1246 transcript does not clearly identify the content of the
1247 coursework, the applicant shall be required to provide
1248 additional documentation, including, but not limited to, a
1249 syllabus or catalog description published for the course.
1250 (c) Has Had at least 2 years of clinical social work
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1251 experience, which took place subsequent to completion of a
1252 graduate degree in social work at an institution meeting the
1253 accreditation requirements of this section, under the
1254 supervision of a licensed clinical social worker or the
1255 equivalent who is a qualified supervisor as determined by the
1256 board. An individual who intends to practice in Florida to
1257 satisfy clinical experience requirements must register pursuant
1258 to s. 491.0045 before commencing practice. If the applicant's
1259 graduate program was not a program which emphasized direct
1260 clinical patient or client health care services as described in
1261 subparagraph (b)2., the supervised experience requirement must
1262 take place after the applicant has completed a minimum of 15
1263 semester hours or 22 quarter hours of the coursework required. A
1264 doctoral internship may be applied toward the clinical social
1265 work experience requirement. A licensed mental health
1266 professional must be on the premises when clinical services are
1267 provided by a registered intern in a private practice setting.
1268 (d) Has Passed a theory and practice examination
1269 designated by board rule provided by the department for this
1270 purpose.
1271 (e) Has Demonstrated, in a manner designated by board rule
1272 of the board, knowledge of the laws and rules governing the
1273 practice of clinical social work, marriage and family therapy,
1274 and mental health counseling.
1275 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
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1276 documentation and payment of a fee not to exceed $200, as set by
1277 board rule, plus the actual cost of the purchase of the
1278 examination from the Association of Marital and Family Therapy
1279 Regulatory Board, or similar national organization, the
1280 department shall issue a license as a marriage and family
1281 therapist to an applicant who the board certifies has met all of
1282 the following criteria:
1283 (a) Has Submitted an application and paid the
1284 appropriate fee.
1285 (b)1. Attained one of the following:
1286 a. A minimum of a master's degree in marriage and family
1287 therapy from a program accredited by the Commission on
1288 Accreditation for Marriage and Family Therapy Education;
1289 b. A minimum of a master's degree with a major emphasis in
1290 marriage and family therapy or a closely related field fro m a
1291 university program accredited by the Council on Accreditation of
1292 Counseling and Related Educational Programs and graduate courses
1293 approved by the board; or
1294 c. Has A minimum of a master's degree with an major
1295 emphasis in marriage and family therapy or a closely related
1296 field, with a degree conferred before September 1, 2027, from an
1297 institutionally accredited college or university from a program
1298 accredited by the Commission on Accreditation for Marriage and
1299 Family Therapy Education or from a Florida university program
1300 accredited by the Council for Accreditation of Counseling and
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1301 Related Educational Programs and graduate courses approved by
1302 the board of Clinical Social Work, Marriage and Family Therapy,
1303 and Mental Health Counseling.
1304 2. If the course title that appears on the applicant's
1305 transcript does not clearly identify the content of the
1306 coursework, the applicant must shall provide additional
1307 documentation, including, but not limited to, a syllabus or
1308 catalog description published for the course. The required
1309 master's degree must have been received in an institution of
1310 higher education that, at the time the applicant graduated, was
1311 fully accredited by an institutional a regional accrediting body
1312 recognized by the Council for Higher Education Accreditation or
1313 its successor organization Commission on Recognition of
1314 Postsecondary Accreditation or publicly recognized as a member
1315 in good standing with the Association of Universities and
1316 Colleges of Canada, or an institution of higher education
1317 located outside the United States and Canada which, at the time
1318 the applicant was enrolled and at the time the applicant
1319 graduated, maintained a standard of training substantially
1320 equivalent to the standards of training of those institutions in
1321 the United States which are accredited by an institutional a
1322 regional accrediting body recognized by the Council for Higher
1323 Education Accreditation or its successor organization Commission
1324 on Recognition of Postsecondary Accreditation. Such foreign
1325 education and training must have been received in an institution
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1326 or program of higher education officially recognized by the
1327 government of the country in which it is located as an
1328 institution or program to train students to practice as
1329 professional marriage and family therapists or psychotherapists.
1330 The applicant has the burden of establishing that the
1331 requirements of this provision have been met, and the board
1332 shall require documentation, such as an evaluation by a foreign
1333 equivalency determination service, as evidence that the
1334 applicant's graduate degree program and education were
1335 equivalent to an accredited program in this country. An
1336 applicant with a master's degree from a program that did not
1337 emphasize marriage and family therapy may complete the
1338 coursework requirement in a training institution fully
1339 accredited by the Commission on Accreditation for Marriage and
1340 Family Therapy Education recognized by the United States
1341 Department of Education.
1342 (c) Completed Has had at least 2 years of clinical
1343 experience during which 50 percent of the applicant's clients
1344 were receiving marriage and family therapy services, which must
1345 have been be at the post-master's level under the supervision of
1346 a licensed marriage and family therapist with at least 5 years
1347 of experience, or the equivalent, who is a qualified supervisor
1348 as determined by the board. An individual who intends to
1349 practice in Florida to satisfy the clinical experience
1350 requirements must register pursuant to s. 491.0045 before
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1351 commencing practice. If a graduate has a master's degree with a
1352 major emphasis in marriage and family therapy or a closely
1353 related field which did not include all of the coursework
1354 required by paragraph (b), credit for the post-master's level
1355 clinical experience may not commence until the applicant has
1356 completed a minimum of 10 of the courses required by paragraph
1357 (b), as determined by the board, and at least 6 semester hours
1358 or 9 quarter hours of the course credits must have been
1359 completed in the area of marriage and family systems, theories,
1360 or techniques. Within the 2 years of required experience, the
1361 applicant must shall provide direct individual, group, or family
1362 therapy and counseling to cases including those involving
1363 unmarried dyads, married couples, separating and divorcing
1364 couples, and family groups that include children. A doctoral
1365 internship may be applied toward the clinical experience
1366 requirement. A licensed mental health professional must be on
1367 the premises when clinical services are provided by a registered
1368 intern in a private practice setting.
1369 (d) Has Passed a theory and practice examination
1370 designated provided by board rule the department.
1371 (e) Has Demonstrated, in a manner designated by board
1372 rule, knowledge of the laws and rules governing the practice of
1373 clinical social work, marriage and family therapy, and mental
1374 health counseling.
1375
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1376 For the purposes of dual licensure, the department shal l license
1377 as a marriage and family therapist any person who meets the
1378 requirements of s. 491.0057. Fees for dual licensure may not
1379 exceed those stated in this subsection.
1380 (4) MENTAL HEALTH COUNSELING.—Upon verification of
1381 documentation and payment of a fee not to exceed $200, as set by
1382 board rule, plus the actual per applicant cost of purchase of
1383 the examination from the National Board for Certified Counselors
1384 or its successor organization, the department shall issue a
1385 license as a mental health counselor to an applicant who the
1386 board certifies has met all of the following criteria:
1387 (a) Has Submitted an application and paid the appropriate
1388 fee.
1389 (b)1. Attained Has a minimum of an earned master's degree
1390 from a mental health counseling program accredited by the
1391 Council for the Accreditation of Counseling and Related
1392 Educational Programs which consists of at least 60 semester
1393 hours or 80 quarter hours of clinical and didactic instruction,
1394 including a course in human sexuality and a course in substance
1395 abuse. If the master's degree is earned from a program related
1396 to the practice of mental health counseling which is not
1397 accredited by the Council for the Accreditation of Counseling
1398 and Related Educational Programs, then the coursework and
1399 practicum, internship, or fieldwork must consist of at least 60
1400 semester hours or 80 quarter hours and meet all of the following
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1401 requirements:
1402 a. Thirty-three semester hours or 44 quarter hours of
1403 graduate coursework, which must include a minimum of 3 semester
1404 hours or 4 quarter hours of graduate-level coursework in each of
1405 the following 11 content areas: counseling theories and
1406 practice; human growth and development; diagnosis and treatment
1407 of psychopathology; human sexuality; group theories and
1408 practice; individual evaluation and assessment; career and
1409 lifestyle assessment; research and program evaluation; social
1410 and cultural foundations; substance abuse; and legal, ethical,
1411 and professional standards issues in the practice of mental
1412 health counseling. Courses in research, thesis or dissertation
1413 work, practicums, internships, or fieldwork may not be applied
1414 toward this requirement.
1415 b. A minimum of 3 semester hours or 4 quarter hours of
1416 graduate-level coursework addressing diagnostic processes,
1417 including differential diagnosis and the use of the current
1418 diagnostic tools, such as the current edition of the American
1419 Psychiatric Association's Diagnostic and Statistical Manual of
1420 Mental Disorders. The graduate program must have emphasized the
1421 common core curricular experience.
1422 c. The equivalent, as determined by the board, of at least
1423 700 hours of university-sponsored supervised clinical practicum,
1424 internship, or field experience that includes at least 280 hours
1425 of direct client services, as required in the accrediting
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1426 standards of the Council for Accreditation of Counseling and
1427 Related Educational Programs for mental health counseling
1428 programs. This experience may not be used to satisfy the post -
1429 master's clinical experience requirement.
1430 2. Has Provided additional documentation if a course title
1431 that appears on the applicant's transcript does not clearly
1432 identify the content of the coursework. The documentation must
1433 include, but is not limited to, a syllabus or catalog
1434 description published for the course.
1435
1436 Education and training in mental health counseling must have
1437 been received in an institution of higher education that, at the
1438 time the applicant graduated, was fully accredited by an
1439 institutional a regional accrediting body recognized by the
1440 Council for Higher Education Accreditation or its successor
1441 organization or publicly recognized as a member in good standing
1442 with the Association of Universities and Colleges of Canada, or
1443 an institution of higher education located outside the United
1444 States and Canada which, at the time the applicant was enrolled
1445 and at the time the applicant graduated, maintained a standard
1446 of training substantially equivalent to the standards of
1447 training of those institutions in the United States which are
1448 accredited by an institutional a regional accrediting body
1449 recognized by the Council for Higher Education Accreditation or
1450 its successor organization. Such foreign education and training
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1451 must have been received in an institution or program of higher
1452 education officially recognized by the government of the country
1453 in which it is located as an institution or program to train
1454 students to practice as mental health counselors. The applicant
1455 has the burden of establishing that the requirements of this
1456 provision have been met, and the board shall require
1457 documentation, such as an evaluation by a foreign equivalency
1458 determination service, as evidence that the applicant's graduate
1459 degree program and education were equivalent to an accredited
1460 program in this country. Beginning July 1, 2025, an applicant
1461 must have a master's degree from a program that is accredited by
1462 the Council for Accreditation of Counseling and Related
1463 Educational Programs, the Masters in Psychology and Counseling
1464 Accreditation Council, or an equivalent accrediting body which
1465 consists of at least 60 semester hours or 80 quarter hours to
1466 apply for licensure under this paragraph.
1467 (c) Completed Has had at least 2 years of clinical
1468 experience in mental health counseling, which must be at the
1469 post-master's level under the supervision of a licensed mental
1470 health counselor or the equivalent who is a qualified supervisor
1471 as determined by the board. An individual who intends to
1472 practice in Florida to satisfy the clinical experience
1473 requirements must register pursuant to s. 491.0045 before
1474 commencing practice. If a graduate has a master's degree with a
1475 major related to the practice of mental health counseling wh ich
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1476 did not include all the coursework required under sub -
1477 subparagraphs (b)1.a. and b., credit for the post-master's level
1478 clinical experience may not commence until the applicant has
1479 completed a minimum of seven of the courses required under sub-
1480 subparagraphs (b)1.a. and b., as determined by the board, one of
1481 which must be a course in psychopathology or abnormal
1482 psychology. A doctoral internship may be applied toward the
1483 clinical experience requirement. A licensed mental health
1484 professional must be on the premises when clinical services are
1485 provided by a registered intern in a private practice setting.
1486 (d) Has Passed a theory and practice examination
1487 designated provided by board rule the department for this
1488 purpose.
1489 (e) Has Demonstrated, in a manner designated by board
1490 rule, knowledge of the laws and rules governing the practice of
1491 clinical social work, marriage and family therapy, and mental
1492 health counseling.
1493 Section 19. Subsection (6) and paragraph (c) of subsection
1494 (9) of section 766.314, Florida Statutes, are amended to read:
1495 766.314 Assessments; plan of operation.—
1496 (6)(a) The association shall make all assessments required
1497 by this section, except initial assessments of physicians
1498 licensed on or after October 1, 1988, which assessments will be
1499 made by the Department of Health Business and Professional
1500 Regulation, and except assessments of casualty insurers pursuant
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1501 to subparagraph (5)(c)1., which assessments will be made by the
1502 Office of Insurance Regulation. Beginning October 1, 1989, for
1503 any physician licensed between October 1 and December 31 of any
1504 year, the Department of Business and Professional Regulation
1505 shall make the initial assessment plus the assessment for the
1506 following calendar year. The Department of Health Business and
1507 Professional Regulation shall provide the association, in an
1508 electronic format, with a monthly report such frequency as
1509 determined to be necessary, a listing, in a computer-readable
1510 form, of the names and license numbers addresses of all
1511 physicians licensed under chapter 458 or chapter 459.
1512 (b)1. The association may enforce collection of
1513 assessments required to be paid pursuant to ss. 766.301 -766.316
1514 by suit filed in county court. The association shall be entitled
1515 to an award of attorney's fees, costs, and interest upon the
1516 entry of a judgment against a physician for failure to pay such
1517 assessment, with such interest accruing until paid.
1518 Notwithstanding the provisions of chapters 47 and 48, the
1519 association may file such suit in either Leon County or the
1520 county of the residence of the defendant. The association shall
1521 notify the Department of Health and the applicable board of any
1522 unpaid final judgement against a physician within 7 days of the
1523 final judgement.
1524 2. The Department of Business and Professional Regulation,
1525 upon notification by the association that an assessment has not
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1526 been paid and that there is an unsatisfied judgment against a
1527 physician, shall not renew any license to practice for such
1528 physician issued pursuant to chapter 458 or chapter 459 until
1529 such time as the judgment is satisfied in full.
1530 (c) The Agency for Health Care Administration shall, upon
1531 notification by the association that an assessment has not been
1532 timely paid, enforce collection of such assessments required to
1533 be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
1534 a hospital to pay such assessment is grounds for disciplinary
1535 action pursuant to s. 395.1065 notwithstanding any provision of
1536 law to the contrary.
1537 (9)
1538 (c) If In the event the total of all current estimates
1539 equals 80 percent of the funds on hand and the funds that will
1540 become available to the association within the next 12 months
1541 from all sources described in subsections (4) and (5) and
1542 paragraph (7)(a), the association may shall not accept any new
1543 claims without express authority from the Legislature. Nothing
1544 in this section precludes herein shall preclude the association
1545 from accepting any claim if the injury occurred 18 months or
1546 more before prior to the effective date of this suspension.
1547 Within 30 days after of the effective date of this suspension,
1548 the association shall notify the Governor, the Speaker of the
1549 House of Representatives, the President of the Senate, the
1550 Office of Insurance Regulation, the Agency for Health Care
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1551 Administration, and the Department of Health, and the Department
1552 of Business and Professional Regulation of this suspension.
1553 Section 20. This act shall take effect July 1, 2022.
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