PCS for CS/HB 1273 (2024) — An act relating to reciprocity or endorsement of licensure
Summary
The text of PCS for CS/HB 1273 (2024), a Florida bill, an act relating to reciprocity or endorsement of licensure. Its title states that it amends section 455.213, Florida Statutes, to define the term "basis license," and creates section 455.2135, under which boards, or the Department of Business and Professional Regulation if there is no board, must allow licensure by endorsement if the applicant meets certain criteria. The criteria include a valid, current license in another state or territory for at least 5 years before the date of application. Near the end, boards and the Department of Health may continue processing endorsement applications under the Florida Statutes (2023) until implementing rules take effect or until 6 months after the effective date, whichever occurs first.
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“PCS for CS/HB 1273 (2024) — An act relating to reciprocity or endorsement of licensure.”
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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 CS/HB 1273 2024
1 A bill to be entitled
2 An act relating to reciprocity or endorsement of
3 licensure; amending s. 455.213, F.S.; providing
4 requirements for the applicable board, or the
5 Department of Business and Professional Regulation if
6 there is no board, relating to licensure by
7 reciprocity and by endorsement; defining the term
8 "basis license"; creating s. 455.2135, F.S.; requiring
9 the respective boards of occupations, or the
10 Department of Business and Professional Regulation if
11 there is no board, to allow licensure by endorsement
12 if the applicant meets certain criteria; requiring
13 applicants of professions that require fingerprints
14 for criminal history checks to submit such
15 fingerprints before the board or department issues a
16 license by endorsement; requiring the department, and
17 authorizing the board, to review the results of the
18 criminal history checks according to specific criteria
19 to determine if the applicants meet the requirements
20 for licensure; requiring that the costs associated
21 with fingerprint processing be borne by the applicant;
22 if fingerprints are submitted through an authorized
23 agency or vendor, requiring such agency or vendor to
24 collect the processing fees and remit them to the
25 Department of Law Enforcement; providing an exemption;
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26 creating s. 456.0145, F.S.; providing a short title;
27 requiring the applicable health care regulatory
28 boards, or the Department of Health if there is no
29 board, to issue a license or certificate to applicants
30 who meet specified conditions; defining the term
31 "scope of practice"; requiring the department to
32 verify certain information using the National
33 Practitioner Data Bank, as applicable; specifying
34 circumstances under which a person is ineligible for a
35 license; authorizing boards or the department, as
36 applicable, to revoke a license upon a specified
37 finding; requiring boards or the department, as
38 applicable, to issue licenses within a specified
39 timeframe; authorizing boards or the department, as
40 applicable, to require that applicants successfully
41 complete a jurisprudential examination under certain
42 circumstances; requiring the department to submit an
43 annual report to the Governor and the Legislature by a
44 specified date; providing requirements for the report;
45 requiring the boards and the department, as
46 applicable, to adopt certain rules within a specified
47 timeframe; amending ss. 457.105, 458.313, 464.009,
48 464.203, 465.0075, 467.0125, 468.1185, 468.1705,
49 468.213, 468.513, 478.47, 480.041, 484.007, 486.081,
50 486.107, 490.006, and 491.006, F.S.; revising
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51 licensure by endorsement requirements for the practice
52 of acupuncture, medicine, professional or practical
53 nursing, certified nursing assistants, pharmacy,
54 midwifery, speech-language pathology and audiology,
55 nursing home administration, occupational therapy,
56 dietetics and nutrition, electrology, massage therapy,
57 opticianry, physical therapy, physical therapist
58 assistantship, psychology and school psychology, and
59 clinical social work, marriage and family therapy, and
60 mental health counseling, respectively; amending ss.
61 486.031 and 486.102, F.S.; conforming provisions to
62 changes made by the act; authorizing the boards and
63 the Department of Health, as applicable, to continue
64 processing applications for licensure by endorsement,
65 as authorized under the Florida Statutes (2023), for a
66 specified timeframe; providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Subsection (15) of section 455.213, Florida
71 Statutes, is renumbered as subsection (16), and a new subsection
72 (15) is added to that section to read:
73 455.213 General licensing provisions.—
74 (15)(a) Before the board, or the department if there is no
75 board, may deny an application for licensure by reciprocity or
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76 by endorsement, the board, or the department is there is no
77 board, must make a finding that the basis license in another
78 jurisdiction is or is not substantially equivalent to or is
79 otherwise insufficient for a license in this state.
80 (b) If the board, or the department is there is no board,
81 finds that that the basis license in another jurisdiction is not
82 substantially equivalent to or is otherwise insufficient for a
83 license in this state and there are no other grounds to deny the
84 application for licensure, within 7 business days of being
85 notified of such finding the applicant may request that the
86 finding be submitted to the secretary for review. Within 7
87 business days of receiving such request, the secretary must
88 review the finding, and either agree or disagree with the
89 finding. If the secretay agrees with the finding, the
90 application for licensure may be denied. If the secretary
91 disagrees with the finding, the application for licensure must
92 be approved unless other grounds for denial exist. The decision
93 must be entered according to the secretary's finding, unless
94 other grounds for denial exists.
95 (c) If the secretary finds that the requirements of a
96 basis license in another jurisdiction are substantially
97 equivalent to or are otherwise sufficient for a license in this
98 state, the board, or the department if there is no board, must
99 make the same finding for similar applicants from the same
100 jurisdiction, unless the requirements of the basis license
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101 change.
102 (d) As used in this subsection, the term "basis license"
103 means the license or the licensure requirements of another
104 jurisdiction which are used to meet the requirements for a
105 license in this state.
106 Section 2. Section 1. Section 455.2135, Florida Statutes,
107 is created to read:
108 455.2135 Interstate mobility.—
109 (1) When endorsement based on years of licensure is not
110 otherwise provided by law in the practice act for a profession,
111 the board, or the department if there is no board, shall allow
112 licensure by endorsement for any individual applying who:
113 (a) Has held a valid, current license to practice the
114 profession issued by another state or territory of the United
115 States for at least 5 years before the date of application and
116 is applying for the same or similar license in this state;
117 (b) Submits an application either when the license in
118 another state or territory is active or within 2 years after
119 such license was last active;
120 (c) Has passed the recognized national licensing exam, if
121 such exam is established as a requirement for licensure in the
122 profession;
123 (d) Has no pending disciplinary actions and all sanctions
124 of any prior disciplinary actions have been satisfied;
125 (e) Shows proof of compliance with any federal regulation,
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126 training, or certification, if the applicant's profession
127 requires such proof, regarding licensure in the profession;
128 (f) Completes Florida-specific continuing education
129 courses or passes a jurisprudential examination specific to the
130 state laws and rules for the applicable profession as
131 established by the board or department, if required by the
132 practice act; and
133 (g) Complies with any insurance or bonding requirements as
134 required for the profession.
135 (2) If the applicant's profession requires, the applicant
136 must submit a complete set of fingerprints to the Department of
137 Law Enforcement for a statewide criminal history check. The
138 Department of Law Enforcement shall forward the fingerprints to
139 the Federal Bureau of Investigation for a national criminal
140 history check. The department shall, and the board may, review
141 the results of the criminal history checks according to the
142 level 2 screening standards in s. 435.04 and determine whether
143 the applicant meets the licensure requirements. The costs of
144 fingerprint processing are borne by the applicant. If the
145 applicant's fingerprints are submitted through an authorized
146 agency or vendor, the agency or vendor must collect the required
147 processing fees and remit the fees to the Department of Law
148 Enforcement.
149 (3) This section does not apply to harbor pilots licensed
150 under chapter 310.
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151 Section 3. Section 456.0145, Florida Statutes, is created
152 to read:
153 456.0145 Mobile Opportunity by Interstate Licensure
154 Endorsement (MOBILE) Act.—
155 (1) SHORT TITLE.—This section may be cited as the "Mobile
156 Opportunity by Interstate Licensure Endorsement Act" or the
157 "MOBILE Act."
158 (2) LICENSURE BY ENDORSEMENT.—
159 (a) An applicable board, or the department if there is no
160 board, shall issue a license to practice in this state to an
161 applicant who:
162 1. Submits a complete application.
163 2. Holds an active, unencumbered license issued by another
164 state, the District of Columbia, or a possession or territory of
165 the United States in a profession with a similar scope of
166 practice, as determined by the board or department, as
167 applicable. "Scope of practice" means the full spectrum of
168 functions, procedures, actions, and services that a health care
169 practitioner is deemed competent and authorized to perform under
170 a license issued in this state.
171 3. Has obtained a passing score on a national licensure
172 examination, or national certification, as applicable, for which
173 profession the applicant is seeking licensure in this state, or
174 meets the requirements of paragraph (b).
175 4. Has actively practiced the profession for which the
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176 applicant is applying for at least 2 of the 4 years preceding
177 the date of submission of the application.
178 5. Attests that he or she is not, at the time of
179 submission of the application, the subject of a disciplinary
180 proceeding in a jurisdiction in which he or she holds a license
181 or by the United States Department of Defense for reasons
182 related to the practice of the profession for which he or she is
183 applying.
184 6. Has not had disciplinary action taken against him or
185 her in the 5 years preceding the date of submission of the
186 application
187 7. Meets the financial responsibility requirements of s.
188 456.048 or the applicable practice act, if required for the
189 profession for which the applicant is seeking licensure.
190 8. Submits a set of fingerprints for a background
191 screening pursuant to s. 456.0135, if required for the
192 profession for which he or she is applying.
193
194 The department shall verify information submitted by the
195 applicant under this subsection using the National Practitioner
196 Data Bank.
197 (b) An applicant for a profession that does not require a
198 national examination or national certification is eligible for
199 licensure if an applicable board or the department determines
200 that the jurisdiction in which the applicant currently holds an
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201 active, unencumbered license meets established minimum education
202 requirements and, if applicable, examination, work experience,
203 and clinical supervision requirements that are substantially
204 similar to the requirements for licensure in that profession in
205 this state.
206 (c) An applicant is ineligible for a license pursuant to
207 this section if he or she:
208 1. Has a complaint, allegation, or investigation pending
209 before a licensing entity in another state, the District of
210 Columbia, or a possession or territory of the United States;
211 2. Has been convicted of or pled nolo contendere to,
212 regardless of adjudication, any felony or misdemeanor related to
213 the practice of a health care profession;
214 3. Has had a health care provider license revoked or
215 suspended in another state of the United States, the District of
216 Columbia, or a United States territory or has voluntarily
217 surrendered any such license in lieu of having discipliniary
218 action taken against the license; or
219 4. Has been reported to the National Practitioner Data
220 Bank, unless the applicant has successfully appealed to have his
221 or her name removed from the data bank.
222 (d) The board, or the department if there is no board, may
223 revoke a license upon finding that the applicant provided false
224 or misleading material information or intentionally omitted
225 material information in an application for licensure.
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226 (e) The board, or the department if there is no board,
227 shall issue a license to a qualified applicant within 7 days
228 after receipt of all required documentation for an application.
229 (f) The board, or the department if there is no board,
230 shall comply with the requirements of s. 456.025.
231 (3) STATE EXAMINATION.—The board, or the department if
232 there is no board, may require the applicant to successfully
233 complete a jurisprudential examination specific to relevant
234 state laws that regulate the profession, if this chapter or the
235 applicable practice act requires such examination.
236 (4) ANNUAL REPORT.—By December 31 of each year, the
237 department shall submit to the Governor, the President of the
238 Senate, and the Speaker of the House of Representatives a report
239 that provides all of the following information for the previous
240 fiscal year:
241 (a) The number of applications for licensure or
242 certification received under this section, distinguished by
243 profession.
244 (b) The number of licenses or certifications issued under
245 this section.
246 (c) The number of applications submitted under this
247 section which were denied and the reason for such denials.
248 (d) The number of complaints, investigations, or other
249 disciplinary actions taken against health care practitioners who
250 are licensed or certified under this section.
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251 (5) RULES.—By December 1, 2024, each applicable board, or
252 the department if there is no board, shall adopt rules to
253 implement this section.
254 Section 4. Subsection (2) of section 457.105, Florida
255 Statutes, is amended to read:
256 457.105 Licensure qualifications and fees.—
257 (2) A person may become licensed to practice acupuncture
258 if the person applies to the department and:
259 (c) Has successfully completed a board-approved national
260 certification process, meets the requirements for licensure by
261 endorsement under s. 456.0145 is actively licensed in a state
262 that has examination requirements that are substantially
263 equivalent to or more stringent than those of this state , or
264 passes an examination administered by the department, which
265 examination tests the applicant's competency and knowledge of
266 the practice of acupuncture and oriental medicine. At the
267 request of any applicant, oriental nomenclature for the points
268 shall be used in the examination. The examination shall include
269 a practical examination of the knowledge and skills required to
270 practice modern and traditional acupuncture and oriental
271 medicine, covering diagnostic and treatment techniques and
272 procedures; and
273 Section 5. Section 458.313, Florida Statutes, is amende d
274 to read:
275 458.313 Licensure by endorsement; requirements; fees.—
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276 (1) The department shall issue a license by endorsement to
277 any applicant who, upon applying to the department on forms
278 furnished by the department and remitting a fee set by the board
279 not to exceed $500, the board certifies has met the requirements
280 for licensure by endorsement in s. 456.0145.:
281 (a) Has met the qualifications for licensure in s.
282 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
283 (b) Prior to January 1, 2000, has obtained a passing
284 score, as established by rule of the board, on the licensure
285 examination of the Federation of State Medical Boards of the
286 United States, Inc. (FLEX), on the United States Medical
287 Licensing Examination (USMLE), or on the examination of the
288 National Board of Medical Examiners, or on a combination
289 thereof, and on or after January 1, 2000, has obtained a passing
290 score on the United States Medical Licensing Examination
291 (USMLE); and
292 (c) Has submitted evidence of the active licensed practice
293 of medicine in another jurisdiction, for at least 2 of the
294 immediately preceding 4 years, or evidence of successful
295 completion of either a board-approved postgraduate training
296 program within 2 years preceding filing of an application or a
297 board-approved clinical competency examination within the year
298 preceding the filing of an application for licensure. For
299 purposes of this paragraph, "active licensed practice of
300 medicine" means that practice of medicine by physicians,
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301 including those employed by any governmental entity in community
302 or public health, as defined by this chapter, medical directors
303 under s. 641.495(11) who are practicing medicine, and those on
304 the active teaching faculty of an accredited medical school.
305 (2) The board may require an applicant for licensure by
306 endorsement to take and pass the appropriate licensure
307 examination prior to certifying the applicant as eligible for
308 licensure.
309 (3) The department and the board shall ensure that
310 applicants for licensure by endorsement meet applicable criteria
311 in this chapter through an investigative process. When the
312 investigative process is not completed within the time set out
313 in s. 120.60(1) and the department or board has reason to
314 believe that the applicant does not meet the criteria, the State
315 Surgeon General or the State Surgeon General's designee may
316 issue a 90-day licensure delay which shall be in writing and
317 sufficient to notify the applicant of the reason for the delay.
318 The provisions of this subsection shall control over any
319 conflicting provisions of s. 120.60(1).
320 (4) The board may promulgate rules and regulations, to be
321 applied on a uniform and consistent basis, which may be
322 necessary to carry out the provisions of this section.
323 (5) Upon certification by the board, the department shall
324 impose conditions, limitations, or restrictions on a license by
325 endorsement if the applicant is on probation in another
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326 jurisdiction for an act which would constitute a violation of
327 this chapter.
328 (6) The department shall not issue a license by
329 endorsement to any applicant who is under investigation in any
330 jurisdiction for an act or offense which would constitute a
331 violation of this chapter until such time as the investigation
332 is complete, at which time the provisions of s. 458.331 shall
333 apply. Furthermore, the department may not issue an unrestricted
334 license to any individual who has committed any act or offense
335 in any jurisdiction which would constitute the basis for
336 disciplining a physician pursuant to s. 458.331. When the board
337 finds that an individual has committed an act or offense in any
338 jurisdiction which would constitute the basis for disciplining a
339 physician pursuant to s. 458.331, the board may enter an order
340 imposing one or more of the terms set forth in subsection (7).
341 (7) When the board determines that any applicant for
342 licensure by endorsement has failed to meet, to the board's
343 satisfaction, each of the appropriate requirements set forth in
344 this section, it may enter an order requiring one or more of the
345 following terms:
346 (a) Refusal to certify to the department an application
347 for licensure, certification, or registration;
348 (b) Certification to the department of an application for
349 licensure, certification, or registration with restrictions on
350 the scope of practice of the licensee; or
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351 (c) Certification to the department of an application for
352 licensure, certification, or registration with placement of the
353 physician on probation for a period of time and subject to such
354 conditions as the board may specify, including, but not limited
355 to, requiring the physician to submit to treatment, attend
356 continuing education courses, submit to reexamination, or work
357 under the supervision of another physician.
358 Section 6. Section 464.009, Florida Statutes, is amended
359 to read:
360 464.009 Licensure by endorsement.—
361 (1) The department shall issue the appropriate license by
362 endorsement to practice professional or practical nursing to an
363 applicant who, upon applying to the department and remitting a
364 fee set by the board not to exceed $100, demonstrates t o the
365 board that he or she meets the requirements for licensure by
366 endorsement in s. 456.0145.:
367 (a) Holds a valid license to practice professional or
368 practical nursing in another state or territory of the United
369 States, provided that, when the applicant secured his or her
370 original license, the requirements for licensure were
371 substantially equivalent to or more stringent than those
372 existing in Florida at that time;
373 (b) Meets the qualifications for licensure in s. 464.008
374 and has successfully completed a state, regional, or national
375 examination which is substantially equivalent to or more
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376 stringent than the examination given by the department; or
377 (c) Has actively practiced nursing in another state,
378 jurisdiction, or territory of the United States for 2 of the
379 preceding 3 years without having his or her license acted
380 against by the licensing authority of any jurisdiction.
381 Applicants who become licensed pursuant to this paragraph must
382 complete within 6 months after licensure a Florida laws and
383 rules course that is approved by the board. Once the department
384 has received the results of the national criminal history check
385 and has determined that the applicant has no crimin al history,
386 the appropriate license by endorsement shall be issued to the
387 applicant.
388 (2) Such examinations and requirements from other states
389 and territories of the United States shall be presumed to be
390 substantially equivalent to or more stringent than those in this
391 state. Such presumption shall not arise until January 1, 1980.
392 However, the board may, by rule, specify states and territories
393 the examinations and requirements of which shall not be presumed
394 to be substantially equivalent to those of this state.
395 (3) An applicant for licensure by endorsement who is
396 relocating to this state pursuant to his or her military -
397 connected spouse's official military orders and who is licensed
398 in another state that is a member of the Nurse Licensure Compact
399 shall be deemed to have satisfied the requirements of subsection
400 (1) and shall be issued a license by endorsement upon submission
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401 of the appropriate application and fees and completion of the
402 criminal background check required under subsection (4).
403 (4) The applicant must submit to the department a set of
404 fingerprints on a form and under procedures specified by the
405 department, along with a payment in an amount equal to the costs
406 incurred by the Department of Health for the criminal background
407 check of the applicant. The Department of Health shall submit
408 the fingerprints provided by the applicant to the Florida
409 Department of Law Enforcement for a statewide criminal history
410 check, and the Florida Department of Law Enforcement shall
411 forward the fingerprints to the Federal Bureau of Investigation
412 for a national criminal history check of the applicant. The
413 Department of Health shall review the results of the criminal
414 history check, issue a license to an applicant who has met all
415 of the other requirements for licensure and has no criminal
416 history, and shall refer all applicants with criminal histories
417 back to the board for determination as to whether a license
418 should be issued and under what conditions.
419 (5) The department shall not issue a license by
420 endorsement to any applicant who is under investigation in
421 another state, jurisdiction, or territory of the United States
422 for an act which would constitute a violation of this part or
423 chapter 456 until such time as the investigation is complete, at
424 which time the provisions of s. 464.018 shall apply.
425 (6) The department shall develop an electronic applicant
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426 notification process and provide electronic notification when
427 the application has been received and when background screenings
428 have been completed, and shall issue a license within 30 days
429 after completion of all required data collection and
430 verification. This 30-day period to issue a license shall be
431 tolled if the applicant must appear before the board due to
432 information provided on the application or obtained through
433 screening and data collection and verification procedures.
434 (7) A person holding an active multistate license in
435 another state pursuant to s. 464.0095 is exempt from the
436 requirements for licensure by endorsement in this section.
437 Section 7. Paragraph (c) of subsection (1) of section
438 464.203, Florida Statutes, is amended to read:
439 464.203 Certified nursing assistants; certification
440 requirement.—
441 (1) The board shall issue a certificate to practice as a
442 certified nursing assistant to any person who demonstrat es a
443 minimum competency to read and write and successfully passes the
444 required background screening pursuant to s. 400.215. If the
445 person has successfully passed the required background screening
446 pursuant to s. 400.215 or s. 408.809 within 90 days before
447 applying for a certificate to practice and the person's
448 background screening results are not retained in the
449 clearinghouse created under s. 435.12, the board shall waive the
450 requirement that the applicant successfully pass an additional
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451 background screening pursuant to s. 400.215. The person must
452 also meet one of the following requirements:
453 (c) Has been deemed by the board as eligible for licensure
454 by endorsement pursuant to s. 456.0145 Is currently certified in
455 another state or territory of the United States or in the
456 District of Columbia; is listed on that jurisdiction's certified
457 nursing assistant registry; and has not been found to have
458 committed abuse, neglect, or exploitation in that jurisdiction.
459 Section 8. Section 465.0075, Florida Statutes, is amended
460 to read:
461 465.0075 Licensure by endorsement; requirements; fee.—
462 (1) The department shall issue a license by endorsement to
463 any applicant who applies to the department and remits a
464 nonrefundable fee of not more than $100, as set by the board,
465 and whom the board certifies has met the requirements for
466 licensure by endorsement in s. 456.0145.:
467 (a) Has met the qualifications for licensure in s.
468 465.007(1)(b) and (c);
469 (b) Has obtained a passing score, as established by rule
470 of the board, on the licensure examination of the National
471 Association of Boards of Pharmacy or a similar nationally
472 recognized examination, if the board certifies that the
473 applicant has taken the required examination;
474 (c)1. Has submitted evidence of the active licensed
475 practice of pharmacy, including practice in community or public
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476 health by persons employed by a governmental entity, in another
477 jurisdiction for at least 2 of the immediately preceding 5 years
478 or evidence of successful completion of board-approved
479 postgraduate training or a board-approved clinical competency
480 examination within the year immediately preceding application
481 for licensure; or
482 2. Has completed an internship meeting the requirements of
483 s. 465.007(1)(c) within the 2 years immediately preceding
484 application; and
485 (d) Has obtained a passing score on the pharmacy
486 jurisprudence portions of the licensure examination, as required
487 by board rule.
488 (2) An applicant licensed in another state for a period in
489 excess of 2 years from the date of application for licen sure in
490 this state shall submit a total of at least 30 hours of board -
491 approved continuing education for the 2 calendar years
492 immediately preceding application.
493 (3) The department may not issue a license by endorsement
494 to any applicant who is under investigation in any jurisdiction
495 for an act or offense that would constitute a violation of this
496 chapter until the investigation is complete, at which time the
497 provisions of s. 465.016 apply.
498 (4) The department may not issue a license by endorsement
499 to any applicant whose license to practice pharmacy has been
500 suspended or revoked in another state or who is currently the
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501 subject of any disciplinary proceeding in another state.
502 Section 9. Subsection (1) of section 467.0125, Florida
503 Statutes, is amended to read:
504 467.0125 Licensed midwives; qualifications; endorsement;
505 temporary certificates.—
506 (1) The department shall issue a license by endorsement to
507 practice midwifery to an applicant who, upon applying to the
508 department, demonstrates to the department that she or he meets
509 all of the requirements for licensure by endorsement in s.
510 456.0145 and submits following criteria:
511 (a) Holds an active, unencumbered license to practice
512 midwifery in another state, jurisdiction, or territory, provided
513 the licensing requirements of that state, jurisdiction, or
514 territory at the time the license was issued were substantially
515 equivalent to or exceeded those established under this chapter
516 and the rules adopted hereunder.
517 (b) Has successfully completed a prelicensure cou rse
518 conducted by an accredited and approved midwifery program.
519 (c) Submits an application for licensure on a form
520 approved by the department and pays the appropriate fee.
521 Section 10. Subsections (3) and (4) of section 468.1185,
522 Florida Statutes, are amended to read:
523 468.1185 Licensure.—
524 (3) The board shall certify as qualified for a license by
525 endorsement as a speech-language pathologist or audiologist an
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526 applicant who:
527 (a) Holds a valid license or certificate in another state
528 or territory of the United States to practice the profession for
529 which the application for licensure is made, if the criteria for
530 issuance of such license were substantially equivalent to or
531 more stringent than the licensure criteria which existed in this
532 state at the time the license was issued; or
533 (b) Holds a valid certificate of clinical competence of
534 the American Speech-Language and Hearing Association or board
535 certification in audiology from the American Board of Audiology.
536 (4) The board may refuse to certify any applicant who is
537 under investigation in any jurisdiction for an act which would
538 constitute a violation of this part or chapter 456 until the
539 investigation is complete and disciplinary proceedings have been
540 terminated.
541 Section 11. Subsection (4) of section 468.1705, Florida
542 Statutes, is renumbered as subsection (3) and subsections (1),
543 (2), and (3) of that section are amended, to read:
544 468.1705 Licensure by endorsement; temporary license.—
545 (1) The department shall issue a license by endorsement to
546 any applicant who, upon applying to the department and remitting
547 a fee set by the board not to exceed $500, demonstrates to the
548 board that he or she meets the requirements for licensure by
549 endorsement in s. 456.0145:
550 (a) Meets one of the following requirements:
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551 1. Holds a valid active license to practice nursing home
552 administration in another state of the United States, provided
553 that the current requirements for licensure in that state are
554 substantially equivalent to, or more stringent than, current
555 requirements in this state; or
556 2. Meets the qualifications for licensure in s. 468.1695;
557 and
558 (b)1. Has successfully completed a national examination
559 which is substantially equivalent to, or more stringent than,
560 the examination given by the department;
561 2. Has passed an examination on the laws and rules of this
562 state governing the administration of nursing homes; and
563 3. Has worked as a fully licensed nursing home
564 administrator for 2 years within the 5-year period immediately
565 preceding the application by endorsement.
566 (2) National examinations for licensure as a nursing home
567 administrator shall be presumed to be substantially equivalent
568 to, or more stringent than, the examination and requirements in
569 this state, unless found otherwise by rule of the board .
570 (2)(3) The department may shall not issue a license by
571 endorsement or a temporary license to any applicant who is under
572 investigation in this or another state for any act which would
573 constitute a violation of this part until such time as the
574 investigation is complete and disciplinary proceedings have been
575 terminated.
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576 Section 12. Section 468.213, Florida Statutes, is
577 repealed.
578 Section 13. Section 468.513, Florida Statutes, is amended
579 to read:
580 468.513 Dietitian/nutritionist; licensure by endorsement. —
581 (1) The department shall issue a license to practice
582 dietetics and nutrition by endorsement to any applicant who
583 meets the requirements for licensure by endorsement under s.
584 456.0145 the board certifies as qualified, upon receipt of a
585 completed application and the fee specified in s. 468.508.
586 (2) The board shall certify as qualified for licensure by
587 endorsement under this section any applicant who:
588 (a) Presents evidence satisfactory to the board that he or
589 she is a registered dietitian; or
590 (b) Holds a valid license to practice dietetics or
591 nutrition issued by another state, district, or territory of the
592 United States, if the criteria for issuance of such license are
593 determined by the board to be substantially equivalent to or
594 more stringent than those of this state.
595 (3) The department shall not issue a license by
596 endorsement under this section to any applicant who is under
597 investigation in any jurisdiction for any act which would
598 constitute a violation of this part or chapter 456 until such
599 time as the investigation is complete and disciplinary
600 proceedings have been terminated.
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601 Section 14. Section 478.47, Florida Statutes, is amended
602 to read:
603 478.47 Licensure by endorsement.—The department shall
604 issue a license by endorsement to any applicant who, upon
605 submitting submits an application and the required fees as set
606 forth in s. 478.55, demonstrates to the board that he or she
607 meets the requirements for licensure by endorsement under s.
608 456.0145 and who holds an active license or other authority to
609 practice electrology in a jurisdiction whose licensure
610 requirements are determined by the board to be equivalent to the
611 requirements for licensure in this state.
612 Section 15. Paragraph (c) of subsection (5) of section
613 480.041, Florida Statutes, is amended to read:
614 480.041 Massage therapists; qualifications; licensure;
615 endorsement.—
616 (5) The board shall adopt rules:
617 (c) Specifying licensing procedures for practitioners
618 desiring to be licensed in this state who meet the requirements
619 for licensure by endorsement under s. 456.0145 or hold an active
620 license and have practiced in any other state, territory, or
621 jurisdiction of the United States or any foreign national
622 jurisdiction which has licensing standards substantially similar
623 to, equivalent to, or more stringent than the standards of this
624 state.
625 Section 16. Present subsections (3) and (4) of section
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626 484.007, Florida Statutes, are redesignated as subsections (4)
627 and (5), respectively, a new subsection (3) is added to that
628 section, and subsection (1) of that section is amended, to read:
629 484.007 Licensure of opticians; permitting of optical
630 establishments.—
631 (1) Any person desiring to practice opticianry shall apply
632 to the department, upon forms prescribed by it, to take a
633 licensure examination. The department shall examine each
634 applicant who the board certifies meets all of the following
635 criteria:
636 (a) Has completed the application form and remitted a
637 nonrefundable application fee set by the board, in the amount of
638 $100 or less, and an examination fee set by the board, in the
639 amount of $325 plus the actual per applicant cost to the
640 department for purchase of portions of the examination from the
641 American Board of Opticianry or a similar national organization,
642 or less, and refundable if the board finds the applicant
643 ineligible to take the examination.;
644 (b) Is not younger less than 18 years of age.;
645 (c) Is a graduate of an accredited high school or
646 possesses a certificate of equivalency of a high school
647 education.; and
648 (d)1. Has received an associate degree, or its equivalent,
649 in opticianry from an educational institution the curriculum of
650 which is accredited by an accrediting agency recognized and
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651 approved by the United States Department of Education or the
652 Council on Postsecondary Education or approved by the board;
653 2. Is an individual licensed to practice the profession of
654 opticianry pursuant to a regulatory licensing law of another
655 state, territory, or jurisdiction of the United States, who has
656 actively practiced in such other state, territory, or
657 jurisdiction for more than 3 years immediately preceding
658 application, and who meets the examination qualifications as
659 provided in this subsection;
660 3. Is an individual who has actively practiced in another
661 state, territory, or jurisdiction of the United States for more
662 than 5 years immediately preceding application and who provides
663 tax or business records, affidavits, or other satisfactory
664 documentation of such practice and who meets the examination
665 qualifications as provided in this subsection; or
666 2.4. Has registered as an apprentice with the department
667 and paid a registration fee not to exceed $60, as set by rule of
668 the board. The apprentice shall complete 6,240 hours of training
669 under the supervision of an optician licensed in this state for
670 at least 1 year or of a physician or optometrist licensed under
671 the laws of this state. These requirements must be met within 5
672 years after the date of registration. However, any time spent in
673 a recognized school may be considered as part of the
674 apprenticeship program provided herein. The board may establish
675 administrative processing fees sufficient to cover the cost of
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676 administering apprentice rules as promulgated by the board.
677 (3) The board shall certify to the department for
678 licensure by endorsement any applicant who meets the
679 requirements for licensure by endorsement under s. 456.0145.
680 Section 17. Section 486.081, Florida Statutes, is amended
681 to read:
682 486.081 Physical therapist; endorsement; issuance of
683 license without examination to person passing examination of
684 another authorized examining board; fee.—
685 (1) The board may cause a license by endorsement to be
686 issued through the department without examination to any
687 applicant who presents evidence satisfactory to the board of
688 meeting the requirements for licensure by endorsement in s.
689 456.0145 having passed the American Registry Examination prior
690 to 1971 or an examination in physical therapy before a similar
691 lawfully authorized examining board of another state, the
692 District of Columbia, a territory, or a foreign country, if the
693 standards for licensure in physical therapy in such other state,
694 district, territory, or foreign country are determined by the
695 board to be as high as those of this state, as established by
696 rules adopted pursuant to this chapter. Any person who holds a
697 license pursuant to this section may use the words "physical
698 therapist" or "physiotherapist" or the letters "P.T." in
699 connection with her or his name or place of business to denote
700 her or his licensure hereunder. A person who holds a license
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701 pursuant to this section and obtains a doctoral degree in
702 physical therapy may use the letters "D.P.T." and "P.T." A
703 physical therapist who holds a degree of Doctor of Physical
704 Therapy may not use the title "doctor" without also clearl y
705 informing the public of his or her profession as a physical
706 therapist.
707 (2) At the time of making application for licensure by
708 endorsement under without examination pursuant to the terms of
709 this section, the applicant shall pay to the department a fee
710 not to exceed $175 as fixed by the board, no part of which will
711 be returned.
712 Section 18. Section 486.107, Florida Statutes, is amended
713 to read:
714 486.107 Physical therapist assistant; issuance of license
715 by endorsement without examination to person licensed in another
716 jurisdiction; fee.—
717 (1) The board may cause a license by endorsement to be
718 issued through the department without examination to any
719 applicant who presents evidence to the board, under oath, of
720 meeting the requirements for licensure by endorsement under s.
721 456.0145 licensure in another state, the District of Columbia,
722 or a territory, if the standards for registering as a physical
723 therapist assistant or licensing of a physical therapist
724 assistant, as the case may be, in such other state are
725 determined by the board to be as high as those of this state, as
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726 established by rules adopted pursuant to this chapter . Any
727 person who holds a license pursuant to this section may use the
728 words "physical therapist assistant," or the letters "P.T.A.,"
729 in connection with her or his name to denote licensure
730 hereunder.
731 (2) At the time of making application for licensure by
732 endorsement under licensing without examination pursuant to the
733 terms of this section, the applicant shall pay to the department
734 a nonrefundable fee set by the board in an amount not to exceed
735 $175 as fixed by the board, no part of which will be returned .
736 Section 19. Subsections (1), (2), and (3) of section
737 490.006, Florida Statutes, are amended to read:
738 490.006 Licensure by endorsement.—
739 (1) The department shall license a person as a
740 psychologist or school psychologist who, upon applying to the
741 department and remitting the appropriate fee, demonstrates to
742 the department or, in the case of psychologists, to the board
743 that the applicant meets the requirements for licensure by
744 endorsement under s. 456.0145:
745 (a) Is a diplomate in good standing with the American
746 Board of Professional Psychology, Inc.; or
747 (b) Possesses a doctoral degree in psychology and has at
748 least 10 years of experience as a licensed psychologist in any
749 jurisdiction or territory of the United States within the 25
750 years preceding the date of application.
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751 (2) In addition to meeting the requirements for licensure
752 set forth in subsection (1), an applicant must pass that portion
753 of the psychology or school psychology licensure examinations
754 pertaining to the laws and rules related to the practice of
755 psychology or school psychology in this state before the
756 department may issue a license to the applicant.
757 (3) The department shall not issue a license by
758 endorsement to any applicant who is under investigation in this
759 or another jurisdiction for an act which would constitute a
760 violation of this chapter until such time as the investigation
761 is complete, at which time the provisions of s. 490.009 shall
762 apply.
763 Section 20. Subsections (1) and (2) of section 491.006,
764 Florida Statutes, are amended to read:
765 491.006 Licensure or certification by endorsement. —
766 (1) The department shall license or grant a certificate to
767 a person in a profession regulated by this chapter who, upon
768 applying to the department and remitting the appropriate fee,
769 demonstrates to the board that he or she meets the requirements
770 for licensure by endorsement under s. 456.0145:
771 (a) Has demonstrated, in a manner designated by rule of
772 the board, knowledge of the laws and rules governing the
773 practice of clinical social work, marriage and family therapy,
774 and mental health counseling.
775 (b)1. Holds an active valid license to practice and has
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776 actively practiced the licensed profession in another state for
777 3 of the last 5 years immediately preceding licensure;
778 2. Has passed a substantially equivalent licensing
779 examination in another state or has passed the licensure
780 examination in this state in the profession for which the
781 applicant seeks licensure; and
782 3. Holds a license in good standing, is not under
783 investigation for an act that would constitute a violation of
784 this chapter, and has not been found to have committed any act
785 that would constitute a violation of this chapter.
786 (2) The fees paid by any applicant for certification as a
787 master social worker under this section are nonrefundable.
788 (2) The department shall not issue a license or
789 certificate by endorsement to any applicant who is under
790 investigation in this or another jurisdiction for an act which
791 would constitute a violation of this chapter until such time as
792 the investigation is complete, at which time the provisions of
793 s. 491.009 shall apply.
794 Section 21. Subsection (3) of section 468.209, Florida
795 Statutes, is amended to read:
796 468.209 Requirements for licensure.—
797 (3) If the board determines that an applicant is qualified
798 to be licensed by endorsement under s. 456.0145 s. 468.213, the
799 board may issue the applicant a temporary permit to practice
800 occupational therapy until the next board meeting at which
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801 license applications are to be considered, but not for a longer
802 period of time. Only one temporary permit by endorsement shall
803 be issued to an applicant, and it shall not be renewable.
804 Section 22. Subsection (3) of section 486.031, Florida
805 Statutes, is amended to read:
806 486.031 Physical therapist; licensing requirements.—To be
807 eligible for licensing as a physical therapist, an applicant
808 must:
809 (3)(a) Have been graduated from a school of physical
810 therapy which has been approved for the educational preparation
811 of physical therapists by the appropriate accrediting agency
812 recognized by the Commission on Recognition of Postsecondary
813 Accreditation or the United States Department of Education at
814 the time of her or his graduation and have passed, to the
815 satisfaction of the board, the American Registry Examination
816 prior to 1971 or a national examination approved by the board to
817 determine her or his fitness for practice as a physical
818 therapist as hereinafter provided;
819 (b) Have received a diploma from a program in physical
820 therapy in a foreign country and have educational credentials
821 deemed equivalent to those required for the educational
822 preparation of physical therapists in this country, as
823 recognized by the appropriate agency as identified by the board,
824 and have passed to the satisfaction of the board an examination
825 to determine her or his fitness for practice as a physical
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826 therapist as hereinafter provided; or
827 (c) Be entitled to licensure by endorsement or without
828 examination as provided in s. 486.081.
829 Section 23. Subsection (3) of section 486.102, Florida
830 Statutes, is amended to read:
831 486.102 Physical therapist assistant; licensing
832 requirements.—To be eligible for licensing by the board as a
833 physical therapist assistant, an applicant must:
834 (3)(a) Have been graduated from a school giving a course
835 of not less than 2 years for physical therapist assistants,
836 which has been approved for the educational preparation of
837 physical therapist assistants by the appropriate accrediting
838 agency recognized by the Commission on Recognition of
839 Postsecondary Accreditation or the United States Department of
840 Education, at the time of her or his graduation and have passed
841 to the satisfaction of the board an examination to determine her
842 or his fitness for practice as a physical therapist assistant as
843 hereinafter provided;
844 (b) Have been graduated from a school giving a course for
845 physical therapist assistants in a foreign country and have
846 educational credentials deemed equivalent to those require d for
847 the educational preparation of physical therapist assistants in
848 this country, as recognized by the appropriate agency as
849 identified by the board, and passed to the satisfaction of the
850 board an examination to determine her or his fitness for
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851 practice as a physical therapist assistant as hereinafter
852 provided;
853 (c) Be entitled to licensure by endorsement or without
854 examination as provided in s. 486.107; or
855 (d) Have been enrolled between July 1, 2014, and July 1,
856 2016, in a physical therapist assistant school in this state
857 which was accredited at the time of enrollment; and
858 1. Have been graduated or be eligible to graduate from
859 such school no later than July 1, 2018; and
860 2. Have passed to the satisfaction of the board an
861 examination to determine his or her fitness for practice as a
862 physical therapist assistant as provided in s. 486.104.
863 Section 22. Notwithstanding the changes made to the
864 Florida Statutes (2023) by this act, a board as defined in s.
865 456.001, Florida Statutes, or the Department of Health, as
866 applicable, may continue processing applications for licensure
867 by endorsement as authorized under the Florida Statutes (2023)
868 until the rules adopted by such board or the department to
869 implement the changes made by this act take effect or until 6
870 months after the effective date of this act, whichever occurs
871 first.
872 Section 25. This act shall take effect July 1, 2024.
873
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