SB 1594 — Nursing

(5) A(d) The psychiatricclinical nurse,nurse asspecialist definedmay inperform s.any or all of the following acts within the framework of established protocol:

1. Assess the health status of individuals and families using methods appropriate to the population and area of practice.

2. Diagnose human responses to actual or potential health problems.

3. Plan for health promotion, disease prevention, and therapeutic intervention in collaboration with the patient or client.

4. Implement therapeutic interventions based on the nurse specialist’s area of expertise and within the scope of advanced nursing practice, including, but not limited to, direct nursing care, counseling, teaching, and collaboration with other licensed health care providers.

5. Coordinate health care as necessary and appropriate and evaluate with the patient or client the effectiveness of care.

(e)(5) A psychiatric nurse, who meets the requirements in s.

394.555(35) as defined in s.

(6) The(5)(6) The board shall approve for licensure certify, and the department shall issue a license certificate to, any nurse meeting the qualifications in this section.

(7)(a) The(6)(7)(a) The board shall establish a committee to recommend a formulary of controlled substances that an advanced practice registered nurse advanced registered nurse practitioner may not prescribe or may prescribe only for specific uses or in limited quantities.

(c) The formulary required under this subsection does not apply to a controlled substance that is dispensed for administration pursuant to an order, including an order for medication authorized by subparagraph (4)(b)3., subparagraph (4)(b)4., or subparagraph (4)(b)9 subparagraph (4)(a)3., subparagraph (4)(a)4., or subparagraph (4)(a)9.

(8) This(7)(8) This section shall be known as “The Barbara Lumpkin Prescribing Act.” Section(8) The 4. Sectiondepartment 3and ofboard chaptershall 2017-134,establish Lawsa transition timeline and process for practitioners certified as of Florida,September is30, amended2018, as advanced registered nurse practitioners or clinical nurse specialists, to read:convert a certificate in good standing to a license that becomes effective on October 1, 2018, to practice as an advanced practice registered nurse.

SectionAn 3. Effectiveadvanced Decemberregistered 31,nurse 2018,practitioner or upona enactmentclinical ofnurse thespecialist Nurseholding Licensurea Compactcertificate intoto lawpractice byin 26good states,standing whicheveron occursSeptember first,30, subsection2018, (1)may ofcontinue sectionto 464.012,practice Floridawith Statutes,all asrights, amendedauthorizations, byand sectionresponsibilities 8authorized ofunder chapterthis 2016-139, section 12for oflicensure chapteras 2016-224,an andadvanced sectionpractice 7registered ofnurse chapterand 2016-231,may Lawsuse ofthe Florida,applicable istitle amendedunder tos. read:

464.012 Licensure464.015 Certificationafter the effective date of advancedthis practiceact registeredwhile nursesthe advanceddepartment registeredand nurseboard practitioners;complete the transition from certification to licensure, as established under this act.

fees;This subsection may not be construed to limit or restrict the department’s or board’s disciplinary authority or enforcement responsibilities for safe nursing practice.

controlledThis substancesubsection prescribing.—expires (1) Anyon nurseOctober desiring1, to2020. be licensed certified as an advanced practice registered nurse must advanced registered nurse practitioner shall apply to the department and submit proof that he or she holds a current license to practice professional nursing or holds an active multistate license to practice professional nursing pursuant to s.

464.0095,Section and4. Subsection that(2) he or she meets one or more of thesection following960.28, requirementsFlorida asStatutes, determinedis byamended theto board:read:

(a) Completion of a postbasic educational program.

Satisfactory completion of a formal postbasic educational program of at least 1 academic year, the primary purpose of which is to prepare nurses for advanced or specialized practice.

(b) Certification by an appropriate specialty board.

Such certification shall be required for initial state licensure certification and any licensure renewal recertification as a certified registered nurse anesthetist, psychiatric nurse, certified nurse practitioner, clinical nurse specialist, or certified nurse midwife.

The board shall may by rule provide for provisional state licensure certification of graduate registered nurse anesthetists, clinical nurse specialist, certified nurse practitioners, psychiatric nurses, and certified nurse midwives for a period of time determined to be appropriate for preparing for and passing the national certification examination.

(c)(b) Graduation from a program leading to a master’s degree in a nursing clinical specialty area with preparation in specialized practitioner skills.

For applicants graduating on or after October 1, 1998, graduation from a master’s degree program is shall be required for initial licensure certification as a certified nurse practitioner under paragraph (4)(c).

For applicants graduating on or after October 1, 2001, graduation from a master’s degree program is shall be required for initial licensure certification as a certified registered nurse anesthetist under paragraph (4)(a).

For applicants graduating on or after October 1, 1998, graduation from a master’s degree program is required for the initial licensure of a certified nurse midwife or clinical nurse specialist as an advanced practice registered nurse.

Section 5. Subsection (2) of section 960.28, Florida Statutes, is amended to read:

464.003(15)464.003(14) s.

Section 6. Paragraph5. Paragraph (c) of subsection (5) and paragraph (a) of subsection (6) of section 39.303, Florida Statutes, are amended to read:

358394 Notwithstanding paragraphs (a), (b), and (c), a child protection team medical director or a child protection team pediatrician, as authorized in subsection (5), may determine that a face-to face medical evaluation is necessary.

Section 7. Paragraph6. Paragraph (b) of subsection (1) of section 39.304, Florida Statutes, is amended to read:

Section 8. Paragraph7. Paragraph (a) of subsection (1) of section 90.503, Florida Statutes, is amended to read:

or 5. An advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

Section 9. Paragraph8. Paragraph (d) of subsection (2) of section 110.12315, Florida Statutes, is amended to read:

Section 10. Paragraph9. Paragraph (f) of subsection (3) of section 121.0515, Florida Statutes, is amended to read:

Section 11. Paragraph10. Paragraph (a) of subsection (3) of section 252.515, Florida Statutes, is amended to read:

6. An advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

Section 12. Paragraph11. Paragraph (c) of subsection (1) of section 310.071, Florida Statutes, is amended to read:

Section 13. Subsection12. Subsection (3) of section 310.073, Florida Statutes, is amended to read:

Section 14. Paragraph13. Paragraph (b) of subsection (3) of section 310.081, Florida Statutes, is amended to read:

593629 Upon resignation or in the case of disability permanently affecting a pilot’s ability to serve, the state license or certificate issued under this chapter shall be revoked by the department.

Section 15. Paragraph14. Paragraph (b) of subsection (1) of section 320.0848, Florida Statutes, is amended to read:

Section 16. Paragraph15. Paragraph (c) of subsection (1) of section 381.00315, Florida Statutes, is amended to read:

720756 Any order of the State Health Officer given to effectuate this paragraph shall be immediately enforceable by a law enforcement officer under s.

Section 17. Subsection16. Subsection (3) of section 381.00593, Florida Statutes, is amended to read:

Section 18. Paragraph17. Paragraph (c) of subsection (1) of section 383.14, Florida Statutes, is amended to read:

Section 19. Paragraph18. Paragraph (c) of subsection (1) of section 383.141, Florida Statutes, is amended to read:

(c) “Health care provider” means a practitioner licensed or registered under chapter 458 or chapter 459 or an advanced practice registered nurse licensed advanced registered nurse practitioner certified under chapter 464.

Section 19. Paragraph (a) of subsection (7) of section 384.27, Florida Statutes, is amended to read:

384.27 Physical examination and treatment.— (7)(a) A health care practitioner licensed under chapter 458, or chapter 459, or certified under s.

464.012 may provide expedited partner therapy if the following requirements are met:

1. The patient has a laboratory-confirmed or suspected clinical diagnosis of a sexually transmissible disease.

2. The patient indicates that he or she has a partner with whom he or she engaged in sexual activity before the diagnosis of the sexually transmissible disease.

3. The patient indicates that his or her partner is unable or unlikely to seek clinical services in a timely manner.

858907 The physician may provide the information required in this subparagraph within 24 hours before the procedure if requested by the woman at the time she schedules or arrives for her appointment to obtain an abortion and if she presents to the physician a copy of a restraining order, police report, medical record, or other court order or documentation evidencing that she is obtaining the abortion because she is a victim of rape, incest, domestic violence, or human trafficking.

880929 Nothing in this paragraph is intended to prohibit a physician from providing any additional information which the physician deems material to the woman’s informed decision to terminate her pregnancy.

(35) “Psychiatric nurse” means an advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

10971146 The exemptions from licensure in this section do not apply to any service provider that receives an appropriation, grant, or contract from the state to operate as a service provider as defined in this chapter or to any substance abuse program regulated pursuant to s.

(b) Is a danger to himself or herself or others as determined by a physician, physician assistant, or advanced practice registered nurse, or advanced registered nurse practitioner or a mental health practitioner licensed under chapter 490 or chapter 491, unless the facility provides adequate staffing and support to ensure patient safety;

401.445 Emergency examination and treatment of incapacitated persons.— (1) No recovery shall be allowed in any court in this state against any emergency medical technician, paramedic, or physician as defined in this chapter, any advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

15211570 Examination and treatment provided under this subsection shall be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient.

information required for licensure certification.— (1)(a) Each person who applies for initial licensure certification under s.

464.012 must, at the time of application, and each person licensed certified under s.

464.012 who applies for licensure certification renewal must, in conjunction with the renewal of such licensure certification and under procedures adopted by the Department of Health, and in addition to any other information that may be required from the applicant, furnish the following information to the Department of Health:

5. The year that the applicant received initial certification or licensure and began practicing the profession in any jurisdiction and the year that the applicant received initial certification or licensure in this state.

(b) In addition to the information required under paragraph (a), each applicant for initial licensure certification or licensure certification renewal must provide the information required of licensees pursuant to s.

(2) The Department of Health shall send a notice to each person licensed certified under s.

464.012 at the licensee’s certificateholder’s last known address of record regarding the requirements for information to be submitted by advanced practice registered nurses advanced registered nurse practitioners pursuant to this section in conjunction with the renewal of such license certificate.

(3) Each person licensed certified under s.

(a) Refuse to issue a license certificate to any person applying for initial licensure certification who fails to submit and update the required information.

(b) Issue a citation to any certificateholder or licensee who fails to submit and update the required information and may fine the certificateholder or licensee up to $50 for each day that the certificateholder or licensee is not in compliance with this subsection.

The citation must clearly state that the certificateholder or licensee may choose, in lieu of accepting the citation, to follow the procedure under s.

If the certificateholder or licensee disputes the matter in the citation, the procedures set forth in s.

However, if the certificateholder or licensee does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation becomes a final order and constitutes discipline.

Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the certificateholder’s or licensee’s last known address.

(4)(a) An applicant for initial licensure certification under s.

(b) An applicant for renewed licensure certification who has not previously submitted a set of fingerprints to the Department of Health for purposes of certification must submit a set of fingerprints to the department as a condition of the initial renewal of his or her certificate after the effective date of this section.

For subsequent renewals, the applicant for renewed licensure certification must only submit information necessary to conduct a statewide criminal history check, along with payment in an amount equal to the costs incurred by the Department of Health for a statewide criminal history check.

(c)1. The Department of Health shall submit the fingerprints provided by an applicant for initial licensure certification to the Florida Department of Law Enforcement for a statewide criminal history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check of the applicant.

2. The department shall submit the fingerprints provided by an applicant for the initial renewal of licensure certification to the Florida Department of Law Enforcement for a statewide criminal history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check for the initial renewal of the applicant’s certificate after the effective date of this section.

(d) Any applicant for initial licensure certification or renewal of licensure certification as an advanced practice registered nurse advanced registered nurse practitioner who submits to the Department of Health a set of fingerprints and information required for the criminal history check required under this section shall not be required to provide a subsequent set of fingerprints or other duplicate information required for a criminal history check to the Agency for Health Care Administration, the Department of Juvenile Justice, or the Department of Children and Families for employment or licensure with such agency or department, if the applicant has undergone a criminal history check as a condition of initial licensure certification or renewal of licensure certification as an advanced practice registered nurse advanced registered nurse practitioner with the Department of Health, notwithstanding any other provision of law to the contrary.

In lieu of such duplicate submission, the Agency for Health Care Administration, the Department of Juvenile Justice, and the Department of Children and Families shall obtain criminal history information for employment or licensure of persons licensed certified under s.

456.0392 Prescription labeling.— (2) A prescription for a drug that is not listed as a controlled substance in chapter 893 which is written by an advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

459.023, and the Board of Nursing shall, by rule, require that advanced practice registered nurses licensed advanced registered nurse practitioners certified under s.

(2) REGISTRATION.—A physician licensed under chapter 458, chapter 459, chapter 461, or chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed advanced registered nurse practitioner certified under part I of chapter 464 who prescribes any controlled substance, listed in Schedule II, Schedule III, or Schedule IV as defined in s.

20152067 I, ...(name and professional license number of physician)..., of ...(address of physician)...

20232075 (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A physician who supervises an advanced practice registered nurse advanced registered nurse practitioner or physician assistant at a medical office other than the physician’s primary practice location, where the advanced practice registered nurse advanced registered nurse practitioner or physician assistant is not under the onsite supervision of a supervising physician, must comply with the standards set forth in this subsection.

21622214 I, ...(name and professional license number of osteopathic physician)..., of ...(address of osteopathic physician)...

1. The osteopathic physician shall submit to the Board of Osteopathic Medicine the addresses of all offices where he or she is supervising or has a protocol with an advanced practice registered nurse advanced registered nurse practitioner or a physician physician’s assistant which are not the osteopathic physician’s primary practice location.

(b) Notwithstanding the exemption in paragraph (a), as part of the maximum 30 hours of continuing education hours required under this subsection, advanced practice registered nurses licensed advanced registered nurse practitioners certified under s.

Section 58. Subsections (8)(5) and (9)(8), of section 464.015, Florida Statutes, are amended to read:

penalty.— (8) Only(5) Only persons who hold valid licenses certificates to practice as advancedclinical practice registered nurses advanced registered nurse practitionersspecialists in this state may use the title “Advanced“Clinical Practice Registered Nurse” “Advanced Registered Nurse Practitioner”Specialist” and the abbreviation “A.P.R.N.”“C.N.S.” “A.R.N.P.”(8) Only (9) Apersons personwho mayhold notvalid practicelicenses orcertificates advertiseto as,practice oras assumeadvanced thepractice title of, registered nurse,nurses licensedadvanced practicalregistered nurse, clinical nurse specialist,practitioners certifiedin registeredthis nursestate anesthetist,may certifieduse nursethe midwife,title or“Advanced advancedPractice practiceRegistered registeredNurse” nurse“Advanced advancedRegistered registeredNurse nursePractitioner” practitionerand or use the abbreviation “R.N.,” “L.P.N.,” “C.N.S.,” “C.R.N.A.,” “C.N.M.,” or “A.P.R.N.” “A.R.N.P.” orSection take59. Subsection any(9) otherof actionsection that464.015, wouldFlorida leadStatutes, theas publicamended toby believesection that9 personof waschapter certified2016-139, asLaws suchof orFlorida, is performingamended nursing services pursuant to theread: exception set forth in s.

464.022(8), unless that person is licensed or certified to practice as such.

Section 59. Section 9 of chapter 2016-139, Laws of Florida, is amended to read:

Section 9. Subsections (1), (2), and (9) of section 464.015, Florida Statutes, are amended to read:

penalty.— (1) Only(9) A aperson may not practice or advertise as, or assume the title of, registered nurse, licensed practical nurse, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, certified nurse practitioner, or advanced practice registered nurse advanced registered nurse practitioner or use the abbreviation “R.N.,” “L.P.N.,” “C.N.S.,” “C.R.N.A.,” “C.N.M.,” “C.N.P.,” or “A.P.R.N.,” “A.R.N.P.” or take any other action that would lead the public to believe that person whowas holdsauthorized aby licenselaw into thispractice stateas such or ais multistateperforming licensenursing services pursuant to the exception set forth in s.

464.0095 to practice professional nursing or who performs nursing services pursuant to the exception set forth in s.

464.022(8) may use the title “Registered Nurse” and the abbreviation “R.N.” (2) Only a person who holds a license in this state or a multistate license pursuant to s.

464.0095 to practice as a licensed practical nurse or who performs practical nursing services pursuant to the exception set forth in s.

464.022(8) may use the title “Licensed Practical Nurse” and the abbreviation “L.P.N.” (9) A person may not practice or advertise as, or assume the title of, registered nurse, licensed practical nurse, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, or advanced practice registered nurse advanced registered nurse practitioner or use the abbreviation “R.N.,” “L.P.N.,” “C.N.S.,” “C.R.N.A.,” “C.N.M.,” or “A.P.R.N.” “A.R.N.P.” or take any other action that would lead the public to believe that person was authorized by law to practice as such or is performing nursing services pursuant to the exception set forth in s.

(a) Using the name or title “Nurse,” “Registered Nurse,” “Licensed Practical Nurse,” “Clinical Nurse Specialist,” “Certified Registered Nurse Anesthetist,” “Certified Nurse Practitioner,” “Certified Nurse Midwife,” “Advanced Practice Registered Nurse,” “Advanced Registered Nurse Practitioner,” or any other name or title which implies that a person was licensed or certified as same, unless such person is duly licensed or certified.

Section 62. Section62. Paragraph 10(a) of chaptersubsection 2016-139,(4) Laws of Florida,section as464.0205, amended,Florida Statutes, is amended to read:

Section 10. Subsections (1) and (2) of section 464.018, Florida Statutes, are amended to read:

464.018 Disciplinary actions.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in ss.

456.072(2) and 464.0095:

(a) Procuring, attempting to procure, or renewing a license to practice nursing or the authority to practice practical or professional nursing pursuant to s.

464.0095 by bribery, by knowing misrepresentations, or through an error of the department or the board.

(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing.

(d) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, any of the following offenses:

1. A forcible felony as defined in chapter 776.

2. A violation of chapter 812, relating to theft, robbery, and related crimes.

3. A violation of chapter 817, relating to fraudulent practices.

4. A violation of chapter 800, relating to lewdness and indecent exposure.

5. A violation of chapter 784, relating to assault, battery, and culpable negligence.

6. A violation of chapter 827, relating to child abuse.

7. A violation of chapter 415, relating to protection from abuse, neglect, and exploitation.

8. A violation of chapter 39, relating to child abuse, abandonment, and neglect.

9. For an applicant for a multistate license or for a multistate licenseholder under s.

464.0095, a felony offense under Florida law or federal criminal law.

(e) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s.

435.04 or similar statute of another jurisdiction;

or having committed an act which constitutes domestic violence as defined in s.

741.28.

(f) Making or filing a false report or record, which the nurse knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.

Such reports or records shall include only those which are signed in the nurse’s capacity as a licensed nurse.

(g) False, misleading, or deceptive advertising.

(h) Unprofessional conduct, as defined by board rule.

(i) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorized by this part.

(j) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition.

In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the nurse is unable to practice nursing because of the reasons stated in this paragraph, the authority to issue an order to compel a nurse to submit to a mental or physical examination by physicians designated by the department.

If the nurse refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the nurse resides or does business.

The nurse against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public.

The department shall be entitled to the summary procedure provided in s.

51.011.

A nurse affected by this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of nursing with reasonable skill and safety to patients.

(k) Failing to report to the department any person who the nurse knows is in violation of this part or of the rules of the department or the board.

However, a person who the licensee knows is unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s.

456.076 rather than to the department.

(l) Knowingly violating any provision of this part, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the department.

(m) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the nurse knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the nurse also provides services.

(n) Failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the nurse is not qualified by training or experience.

(o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(p) For an advanced practice registered nurse advanced registered nurse practitioner:

1. Presigning blank prescription forms.

2. Prescribing for office use any medicinal drug appearing on Schedule II in chapter 893.

3. Prescribing, ordering, dispensing, administering, supplying, selling, or giving a drug that is an amphetamine, a sympathomimetic amine drug, or a compound designated in s.

893.03(2) as a Schedule II controlled substance, to or for any person except for:

a. The treatment of narcolepsy;

hyperkinesis;

behavioral syndrome in children characterized by the developmentally inappropriate symptoms of moderate to severe distractibility, short attention span, hyperactivity, emotional lability, and impulsivity;

or drug-induced brain dysfunction.

b. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities.

c. The clinical investigation of the effects of such drugs or compounds when an investigative protocol is submitted to, reviewed by, and approved by the department before such investigation is begun.

4. Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance.

As used in this subparagraph, the term “muscle building” does not include the treatment of injured muscle.

A prescription written for the drug products identified in this subparagraph may be dispensed by a pharmacist with the presumption that the prescription is for legitimate medical use.

5. Promoting or advertising on any prescription form a community pharmacy unless the form also states:

“This prescription may be filled at any pharmacy of your choice.” 6. Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including a controlled substance, other than in the course of his or her professional practice.

For the purposes of this subparagraph, it is legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the advanced practice registered nurse’s advanced registered nurse practitioner’s professional practice, without regard to his or her intent.

7. Prescribing, dispensing, or administering a medicinal drug appearing on any schedule set forth in chapter 893 to himself or herself, except a drug prescribed, dispensed, or administered to the advanced practice registered nurse advanced registered nurse practitioner by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.

8. Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.

9. Dispensing a substance designated in s.

893.03(2) or (3) as a substance controlled in Schedule II or Schedule III, respectively, in violation of s.

465.0276.

10. Promoting or advertising through any communication medium the use, sale, or dispensing of a substance designated in s.

893.03 as a controlled substance.

(q) For a psychiatric nurse:

1. Presigning blank prescription forms.

2. Prescribing for office use any medicinal drug appearing in Schedule II of s.

893.03.

3. Prescribing, ordering, dispensing, administering, supplying, selling, or giving a drug that is an amphetamine, a sympathomimetic amine drug, or a compound designated in s.

893.03(2) as a Schedule II controlled substance, to or for any person except for:

a. The treatment of narcolepsy;

hyperkinesis;

behavioral syndrome in children characterized by the developmentally inappropriate symptoms of moderate to severe distractibility, short attention span, hyperactivity, emotional lability, and impulsivity;

or drug-induced brain dysfunction.

b. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities.

c. The clinical investigation of the effects of such drugs or compounds when an investigative protocol is submitted to, reviewed by, and approved by the department before such investigation is begun.

4. Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance.

As used in this subparagraph, the term “muscle building” does not include the treatment of injured muscle.

A prescription written for the drug products identified in this subparagraph may be dispensed by a pharmacist with the presumption that the prescription is for legitimate medical use.

5. Promoting or advertising on any prescription form a community pharmacy unless the form also states:

“This prescription may be filled at any pharmacy of your choice.” 6. Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including a controlled substance, other than in the course of his or her professional practice.

For the purposes of this subparagraph, it is legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the advanced practice registered nurse’s advanced registered nurse practitioner’s professional practice, without regard to his or her intent.

7. Prescribing, dispensing, or administering a medicinal drug appearing on any schedule set forth in chapter 893 to himself or herself, except a drug prescribed, dispensed, or administered to the psychiatric nurse by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.

8. Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.

9. Dispensing a substance designated in s.

893.03(2) or (3) as a substance controlled in Schedule II or Schedule III, respectively, in violation of s.

465.0276.

10. Promoting or advertising through any communication medium the use, sale, or dispensing of a substance designated in s.

893.03 as a controlled substance.

(2)(a) The board may enter an order denying licensure or imposing any of the penalties in s.

456.072(2) against any applicant for licensure or nurse who is found guilty of violating subsection (1) or s.

456.072(1).

(b) The board may take adverse action against a nurse’s multistate licensure privilege and impose any of the penalties in s.

456.072(2) when the nurse is found guilty of violating subsection (1) or s.

456.072(1).

Section 63. Paragraph (a) of subsection (4) of section 464.0205, Florida Statutes, is amended to read:

459.0075, a physician licensed under chapter 458 or chapter 459, an advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

Section 64. Subsection63. Subsection (2) of section 467.003, Florida Statutes, is amended to read:

Section 65. Subsection64. Subsection (1) of section 480.0475, Florida Statutes, is amended to read:

Section 66. Subsection65. Subsection (7) of section 483.041, Florida Statutes, is amended to read:

Section 67. Subsection66. Subsection (5) of section 483.801, Florida Statutes, is amended to read:

Section 68. Paragraph67. Paragraph (a) of subsection (11) of section 486.021, Florida Statutes, is amended to read:

Section 69. Paragraph68. Paragraph (d) of subsection (1) of section 490.012, Florida Statutes, is amended to read:

injunction.— (1) (d) A person may not No person shall hold herself or himself out by any title or description incorporating the word, or a permutation of the word, “psychotherapy” unless such person holds a valid, active license under chapter 458, chapter 459, chapter 490, or chapter 491, or such person is licensed certified as an advanced practice registered nurse under advanced registered nurse practitioner, pursuant to s.

Section 70. Subsection69. Subsection (1) of section 491.0057, Florida Statutes, is amended to read:

(1) Holds a valid, active license as a psychologist under chapter 490 or as a clinical social worker or mental health counselor under this chapter, or is licensed certified under s.

Section 71. Paragraph70. Paragraph (d) of subsection (1) and subsection (2) of section 491.012, Florida Statutes, are amended to read:

(d) Use the terms psychotherapist, sex therapist, or juvenile sexual offender therapist unless such person is licensed pursuant to this chapter or chapter 490, or is licensed certified under s.

(2) It is unlawful and a violation of this chapter for any person to describe her or his services using the following terms or any derivative thereof, unless such person holds a valid, active license under this chapter or chapter 490, or is licensed certified under s.

(a) “Psychotherapy.” (b) “Sex therapy.” (c) “Sex counseling.” (d) “Clinical social work.” (e) “Psychiatric social work.” (f) “Marriage and family therapy.” (g) “Marriage and family counseling.” (h) “Marriage counseling.” (i) “Family counseling.” (j) “Mental health counseling.” Section 72. Subsection71. Subsection (2) of section 493.6108, Florida Statutes, is amended to read:

Section 73. Paragraph72. Paragraph (b) of subsection (1) of section 627.357, Florida Statutes, is amended to read:

Section 74. Subsection73. Subsection (6) of section 627.6471, Florida Statutes, is amended to read:

coinsurance and deductibles.— (6) If psychotherapeutic services are covered by a policy issued by the insurer, the insurer shall provide eligibility criteria for each group of health care providers licensed under chapter 458, chapter 459, chapter 490, or chapter 491, which include psychotherapy within the scope of their practice as provided by law, or for any person who is licensed certified as an advanced practice registered nurse advanced registered nurse practitioner in psychiatric mental health under s.

Section 75. Subsections74. Subsections (15) and (17) of section 627.6472, Florida Statutes, are amended to read:

627.6472 Exclusive provider organizations.— (15) If psychotherapeutic services are covered by a policy issued by the insurer, the insurer shall provide eligibility criteria for all groups of health care providers licensed under chapter 458, chapter 459, chapter 490, or chapter 491, which include psychotherapy within the scope of their practice as provided by law, or for any person who is licensed certified as an advanced practice registered nurse advanced registered nurse practitioner in psychiatric mental health under s.

Section 76. Paragraph75. Paragraph (a) of subsection (1) of section 627.736, Florida Statutes, is amended to read:

31112911 Only insurers writing motor vehicle liability insurance in this state may provide the required benefits of this section, and such insurer may not require the purchase of any other motor vehicle coverage other than the purchase of property damage liability coverage as required by s.

Section 77. Subsection76. Subsection (5) of section 633.412, Florida Statutes, is amended to read:

Section 78. Section77. Section 641.3923, Florida Statutes, is amended to read:

Section 79. Subsection78. Subsection (3) of section 766.103, Florida Statutes, is amended to read:

766.103 Florida Medical Consent Law.— (3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed advanced registered nurse practitioner certified under s.

Section 80. Paragraph79. Paragraph (d) of subsection (3) of section 766.1115, Florida Statutes, is amended to read:

32443044 The term includes any nonprofit corporation qualified as exempt from federal income taxation under s.

Section 81. Subsection80. Subsection (1) of section 766.1116, Florida Statutes, is amended to read:

Section 81. Paragraph (c) of subsection (1) of section 766.118, Florida Statutes, is amended to read:

766.118 Determination of noneconomic damages.— (1) DEFINITIONS.—As used in this section, the term:

(c) “Practitioner” means any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 466, chapter 467, or chapter 486 or certified under s.

464.012.

“Practitioner” also means any association, corporation, firm, partnership, or other business entity under which such practitioner practices or any employee of such practitioner or entity acting in the scope of his or her employment.

For the purpose of determining the limitations on noneconomic damages set forth in this section, the term “practitioner” includes any person or entity for whom a practitioner is vicariously liable and any person or entity whose liability is based solely on such person or entity being vicariously liable for the actions of a practitioner.

(23) “Practitioner” means a physician licensed under chapter 458, a dentist licensed under chapter 466, a veterinarian licensed under chapter 474, an osteopathic physician licensed under chapter 459, an advanced practice registered nurse licensed advanced registered nurse practitioner certified under chapter 464, a naturopath licensed under chapter 462, a certified optometrist licensed under chapter 463, a psychiatric nurse as defined in s.

(6) Have passed a physical examination by a licensed physician, physician assistant, or certifiedlicensed advanced practice registered nurse certified advanced registered nurse practitioner, based on specifications established by the commission.

The function of the program is to make payments that offset loans and educational expenses incurred by students for studies leading to a medical or nursing degree, medical or nursing licensure, or advanced practice registered nurse licensure advanced registered nurse practitioner certification or physician assistant licensure.

1009.66 Nursing Student Loan Forgiveness Program.— (2) To be eligible, a candidate must have graduated from an accredited or approved nursing program and have received a Florida license as a licensed practical nurse or a registered nurse or a Florida license certificate as an advanced practice registered nurse advanced registered nurse practitioner.

Section 93. This act shall take effect JulyOctober 1, 2018.