HB 1143 — Department of Health

465.1893, F.S.;

authorizing a pharmacist who meets certain requirements to administer certain extended-release medications;

amending s.

466.017, F.S.;

authorizing a licensed dentist to order physical impression materials for self-administration by a patient for a specified purpose;

amending s.

466.031, F.S.;

making technical changes;

authorizing an employee or independent contractor of a dental laboratory, acting as an agent of that dental laboratory, to engage in onsite consultation with a licensed dentist during a dental procedure;

amending s.

466.036, F.S.;

requiring dental laboratories to be inspected at least once each biennial registration period;

renaming ch.

480, F.S., as "Massage Therapy Practice";

amending s.

480.031, F.S.;

conforming a provision to changes made by the act;

amending s.

480.032, F.S.;

revising the purpose of ch.

480, F.S.;

amending s.

480.033, F.S.;

revising definitions;

amending s.

480.041, F.S.;

revising Page 3 of 97 CODING:

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words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 requirements for licensure as a massage therapist;

conforming provisions to changes made by the act;

providing applicability for persons who were issued a license as an apprentice before a specified date;

repealing s.

480.042, F.S., relating to examinations;

amending s.

authorizing the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling to make a one-one-time time exception to intern registration requirements under certain circumstances;

491.006,Page F.S.;2 of 67 CODING:

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words underlined are additions.

hb1143-01-c1 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 CS/HB 1143 2020 491.006, F.S.;

deleting a Pageprovision 4requiring the board to establish a procedure for the biennial renewal of 97intern CODING:registrations;

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 provision requiring the board to establish a procedure for the biennial renewal of intern registrations;

491.015, F.S., relating to duties of the department relatingas to certifiedPage master3 socialof workers;67 CODING:

amending s.

514.0115, F.S.;

providing that certain surf pools are exempt from supervision under certain circumstances;

providing construction;

defining the term "surf pool";

amending s.

768.28, F.S.;

designating the state Page 5 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 commissionerscertified ofmaster thesocial Interstateworkers; Medical Licensure Compact Commission and other members or employees of the commission as state agents for the purpose of applying sovereign immunity and waivers of sovereign immunity;

amending s.

768.28, F.S.;

designating the state commissioners of the Interstate Medical Licensure Compact Commission and other members or employees of the commission as state agents for the purpose of applying sovereign immunity and waivers of sovereign immunity;

amending ss.s.

414.065, 477.013, 477.0135, 477.0265, 480.034, 480.035, 480.043, 480.046, 480.0465, 480.047, 480.052, 480.0535, 553.77, 627.6407, 627.6619, 627.736, and 641.31, F.S.;

conforming cross-referencesa andcross-reference; provisions to changes made by the act;

makingproviding technicalan changes;effective date.

providing88 effectiveBe dates.It Enacted by the Legislature of the State of Florida:

Be90 ItSection Enacted1. by the Legislature of the State of Florida:

Section 1.456.4501, Florida Statutes, is created to read:

Paragraph (b) of subsection (11) of section 381.0041, Florida Statutes, is amended to read:

381.0041 Donation and transfer of human tissue;

testing requirements.— (11) (b) Any person who is living with has human immunodeficiency virus infection, who knows he or she is living infected with human immunodeficiency virus, and who has been Page 6 of 97 CODING:

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words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 informed that he or she may communicate this disease by donating blood, plasma, organs, skin, or other human tissue who donates blood, plasma, organs, skin, or other human tissue for use in another person commits is guilty of a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

This paragraph does not apply to a donation made to a recipient who is living with human immunodeficiency virus and who knows that the donor is living with human immunodeficiency virus.

Section 2.

Paragraph (f) of subsection (2) of section 394.463, Florida Statutes, is amended to read:

394.463 Involuntary examination.— (2) INVOLUNTARY EXAMINATION.— (f) A patient shall be examined by a physician or a clinical psychologist, or by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist at a facility without unnecessary delay to determine if the criteria for involuntary services are met.

Emergency treatment may be provided upon the order of a physician if the physician determines that such treatment is necessary for the safety of the patient or others.

The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist or a clinical psychologist or, if the receiving facility is owned or operated by a hospital, or health system, or nationally accredited not- Page 7 of 97 CODING:

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words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 for-profit community mental health center, the release may also be approved by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist, or an attending emergency department physician with experience in the diagnosis and treatment of mental illness after completion of an involuntary examination pursuant to this subsection.

A psychiatric nurse may not approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless the release is approved by the initiating psychiatrist.

Section 3.

Paragraphs (g) through (v) of subsection (4) of section 408.809, Florida Statutes, are redesignated as paragraphs (h) through (w), respectively, and a new paragraph (g) is added to that subsection to read:

408.809 Background screening;

prohibited offenses.— (4) In addition to the offenses listed in s.

435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction:

(g) Section 784.03, relating to battery, if the victim is a vulnerable adult as defined in 415.102 or a patient or Page 8 of 97 CODING:

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hb1143-02-c2 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 CS/CS/HB 1143 2020 resident of a facility licensed under chapter 395, chapter 400, or chapter 429.

If, upon rescreening, a person who is currently employed or contracted with a licensee as of June 30, 2014, and was screened and qualified under ss.

435.03 and 435.04, has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency no later than 30 days after receipt of the rescreening results by the person.

Section 4.

Subsection (5) is added to section 456.0135, Florida Statutes, to read:

456.0135 General background screening provisions.— (5) In addition to the offenses listed in s.

435.04, all persons required to undergo background screening pursuant to this section, other than those licensed under s.

465.022, must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a please of nolo contendere or guilty to, and must not have been Page 9 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 adjudicated delinquent and the record not have been sealed or expunged for an offense or any similar offense of another jurisdiction under s.

784.03, relating to battery, if the victim is a vulnerable adult as defined in 415.102 or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429.

Section 5.

Effective July 1, 2021, section 456.4501, Florida Statutes, is created to read:

97 SECTION 1 PURPOSE In order to strengthen access to health care, and in recognitionPage of4 the advances in the delivery of health67 care,CODING: the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients.

The Compact creates another pathway for Page 10 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 licensurerecognition andof doesthe notadvances otherwisein changethe delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a state'scomprehensive process that complements the existing Medicallicensing Practiceand Act.regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients.

The Compact creates another pathway for licensure and does not otherwise change a state's existing Medical Practice Act.

(1) "Bylaws" means those bylaws established by the InterstatePage Commission5 pursuantof to67 sectionCODING: 11 for its governance, or for directing and controlling its actions and conduct.

(2) "Commissioner" means the voting representative appointed by each member board pursuant to section 11.

(3) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender.

Evidence of an entry of a conviction of a criminal Page 11 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 offenseInterstate byCommission thepursuant courtto shallsection be11 consideredfor finalits forgovernance, purposesor offor disciplinarydirecting actionand bycontrolling aits memberactions board.and conduct.

(2) "Commissioner" means the voting representative appointed by each member board pursuant to section 11.

(3) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender.

Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(9)Page "Member6 state"of means67 aCODING: state that has enacted the Compact.

(10) "Practice of medicine" means the diagnosis, treatment, prevention, cure, or relieving of a human disease, ailment, defect, complaint, or other physical or mental condition, by attendance, advice, device, diagnostic test, or other means, or offering, undertaking, attempting to do, or holding oneself out as able to do, any of these acts.

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hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (11)(9) "Physician""Member state" means anya personstate who:that has enacted the Compact.

(10) "Practice of medicine" means the diagnosis, treatment, prevention, cure, or relieving of a human disease, ailment, defect, complaint, or other physical or mental condition, by attendance, advice, device, diagnostic test, or other means, or offering, undertaking, attempting to do, or holding oneself out as able to do, any of these acts.

(11) "Physician" means any person who:

(d) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's BureauPage 7 of Osteopathic67 Specialists;CODING:

however, the specialty certification or a time-unlimited specialty certificate does not have to be maintained once a physician is initially determined to be eligible for expedited licensure through the Compact;

(e) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(f) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred Page 13 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 dispositionBureau for any offense by a court of appropriateOsteopathic jurisdiction;Specialists;

however, the specialty certification or a time-unlimited specialty certificate does not have to be maintained once a physician is initially determined to be eligible for expedited licensure through the Compact;

(e) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(f) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(13) "Rule" means a written statement by the Interstate Commission promulgated pursuant to section 12 of the Compact that is of general applicability, implements, interprets, or prescribesPage a8 policy or provision of the67 Compact,CODING: or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, if the rule is not inconsistent with the laws of the member state.

The term includes the amendment, repeal, or suspension of an existing rule.

(14) "State" means any state, commonwealth, district, or territory of the United States.

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hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (15)prescribes "Statea policy or provision of principalthe license"Compact, meansor aan memberorganizational, stateprocedural, whereor apractice physicianrequirement holdsof athe licenseInterstate toCommission, practiceand medicinehas the force and whicheffect hasof beenstatutory designatedlaw asin sucha bymember state, if the physicianrule foris purposesnot ofinconsistent registrationwith andthe participationlaws inof the Compact.member state.

The term includes the amendment, repeal, or suspension of an existing rule.

(14) "State" means any state, commonwealth, district, or territory of the United States.

(15) "State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the Compact.

SECTIONPage 49 DESIGNATION OF STATE OF PRINCIPAL LICENSE (1) A physician shall designate a member state as the state of principal67 licenseCODING: for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

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hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (a)SECTION The4 stateDESIGNATION ofOF primarySTATE residenceOF forPRINCIPAL theLICENSE physician,(1) orA (b)physician Theshall statedesignate wherea atmember leaststate 25%as of the practicestate of medicineprincipal occurs,license orfor (c)purposes The location of theregistration physician'sfor employer,expedited orlicensure (d)through Ifthe noCompact stateif qualifiesthe underphysician paragraphpossesses (a),a paragraphfull (b),and orunrestricted paragraphlicense (c),to thepractice statemedicine designatedin asthat statestate, ofand residencethe forstate purposeis: of federal income tax.

(a) The state of primary residence for the physician, or (b) The state where at least 25% of the practice of medicine occurs, or (c) The location of the physician's employer, or (d) If no state qualifies under paragraph (a), paragraph (b), or paragraph (c), the state designated as state of residence for purpose of federal income tax.

SECTION 5 APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE (1)Page A10 physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the67 stateCODING: selected by the physician as the state of principal license.

(2) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of Page 16 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 qualification,(1) verifyingA orphysician denyingseeking licensure through the physician'sCompact eligibility,shall tofile an application for an expedited license with the Interstatemember Commission.board of the state selected by the physician as the state of principal license.

(2) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the Interstate Commission.

(c)Page Appeal11 on the determination of eligibility67 shallCODING: be made to the member state where the application was filed and shall be subject to the law of that state.

(3) Upon verification in subsection (2), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (1), including the payment of any applicable fees.

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hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (4)(c) AfterAppeal receivingon verificationthe determination of eligibility undershall subsectionbe (2)made andto anythe feesmember understate subsectionwhere (3),the aapplication memberwas boardfiled and shall issuebe ansubject expedited license to the physician.law of that state.

(3) Upon verification in subsection (2), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (1), including the payment of any applicable fees.

(4) After receiving verification of eligibility under subsection (2) and any fees under subsection (3), a member board shall issue an expedited license to the physician.

(7) The Interstate Commission is authorized to develop rulesPage regarding12 the application process, including payment of any67 applicableCODING: fees, and the issuance of an expedited license.

SECTION 6 FEES FOR EXPEDITED LICENSURE (1) A member state issuing an expedited license authorizing the practice of medicine in that state, or the Page 18 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 regulatingrules authorityregarding of the memberapplication state,process, mayincluding imposepayment aof feeany forapplicable afees, licenseand issuedthe orissuance renewedof throughan theexpedited Compact.license.

SECTION 6 FEES FOR EXPEDITED LICENSURE (1) A member state issuing an expedited license authorizing the practice of medicine in that state, or the regulating authority of the member state, may impose a fee for a license issued or renewed through the Compact.

(b) Has not been convicted, received adjudication, deferredPage adjudication,13 community supervision, or deferred disposition for any offense by a court of appropriate67 jurisdiction;CODING:

(c) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

and (d) Has not had a controlled substance license or permit Page 19 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 suspendeddeferred adjudication, community supervision, or revokeddeferred bydisposition afor stateany oroffense theby Uniteda Statescourt Drugof Enforcementappropriate Administration.jurisdiction;

(c) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

and (d) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

SECTIONPage 814 COORDINATED INFORMATION SYSTEM (1) The Interstate Commission shall establish a database of all67 physiciansCODING: licensed, or who have applied for licensure, under section 5.

(2) Notwithstanding any other provision of law, member Page 20 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 boardsSECTION shall8 reportCOORDINATED toINFORMATION theSYSTEM (1) The Interstate Commission anyshall publicestablish actiona ordatabase complaintsof againstall aphysicians licensedlicensed, physicianor who hashave applied orfor receivedlicensure, anunder expeditedsection license5. through the Compact.

(2) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.

(7) The Interstate Commission is authorized to develop rulesPage for15 mandated or discretionary sharing of information67 byCODING: member boards.

SECTION 9 JOINT INVESTIGATIONS (1) Licensure and disciplinary records of physicians are deemed investigative.

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hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (2)rules Infor additionmandated to the authority granted to a member board by its respective Medical Practice Act or otherdiscretionary applicablesharing state law, a member board may participate with other member boards in joint investigations of physiciansinformation licensed by the member boards.

SECTION 9 JOINT INVESTIGATIONS (1) Licensure and disciplinary records of physicians are deemed investigative.

(2) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

SECTION 10 DISCIPLINARY ACTIONS (1)Page Any16 disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the67 MedicalCODING: Practice Act or regulations in that state.

(2) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered Page 22 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 or(1) relinquishedAny indisciplinary lieuaction oftaken discipline,by orany suspended,member thenboard allagainst licensesa issuedphysician tolicensed through the physicianCompact byshall memberbe boardsdeemed shallunprofessional automaticallyconduct bewhich placed,may withoutbe furthersubject actionto necessarydiscipline by anyother member board,boards, onin addition to any violation of the sameMedical status.Practice Act or regulations in that state.

(2) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status.

or (b) Pursue separate disciplinary action against the physicianPage under17 its respective Medical Practice Act, regardless of the67 actionCODING: taken in other member states.

(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member board(s) shall be suspended, automatically and immediately without further action necessary by the other member board(s), for ninety (90) days upon entry of the order by the Page 23 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 discipliningphysician board,under toits permitrespective theMedical memberPractice board(s)Act, toregardless investigateof the basis for the action undertaken thein Medicalother Practicemember Actstates. of that state.

(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member board(s) shall be suspended, automatically and immediately without further action necessary by the other member board(s), for ninety (90) days upon entry of the order by the disciplining board, to permit the member board(s) to investigate the basis for the action under the Medical Practice Act of that state.

(3) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities,Page powers,18 and duties set forth in the Compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the67 respectiveCODING: legislatures of the member states in accordance with the terms of the Compact.

(4) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as Commissioners.

In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the Page 24 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 licensingresponsibilities, powers, and disciplinaryduties authorityset isforth splitin betweenthe multipleCompact, memberand boardssuch withinadditional powers as may be conferred upon it by a membersubsequent state,concurrent action of the respective legislatures of the member statestates shallin appointaccordance onewith representativethe fromterms eachof memberthe board.Compact.

(4) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as Commissioners.

In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board.

(6) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.Page 19 of 67 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-01-c1 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 CS/HB 1143 2020 communication.

In the absence of its Commissioner, a member state may delegate voting authority for a Pagespecified 25meeting to another person from that state who shall meet the requirements of 97subsection CODING:(4).

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 specified meeting to another person from that state who shall meet the requirements of subsection (4).

(e) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personalPage privacy;20 of 67 CODING:

(f) Discuss investigative records compiled for law enforcement purposes;

or (g) Specifically relate to the participation in a civil action or other legal proceeding.

(9) The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, Page 26 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 includingpersonal recordprivacy; of any roll call votes.

(f) Discuss investigative records compiled for law enforcement purposes;

or (g) Specifically relate to the participation in a civil action or other legal proceeding.

(9) The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

SECTIONPage 1221 POWERSof AND67 DUTIESCODING: OF THE INTERSTATE COMMISSION The Interstate Commission shall have the duty and power to:

(1) Oversee and maintain the administration of the Compact;

(2) Promulgate rules which shall be binding to the extent Page 27 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 andSECTION in12 thePOWERS mannerAND providedDUTIES forOF inTHE INTERSTATE COMMISSION The Interstate Commission shall have the Compact;duty and power to:

(1) Oversee and maintain the administration of the Compact;

(2) Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;

(8) Borrow, accept, hire, or contract for services of personnel;Page 22 of 67 CODING:

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications Page 28 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 of personnel;

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

Such reports shall also includePage reports23 of financial67 auditsCODING: and any recommendations that may have been adopted by the Interstate Commission;

Words stricken are deletions;

words underlined are additions.

hb1143-01-c1 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 CS/HB 1143 2020 include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;

and (21) Perform such functions as may be necessary or Pageappropriate 29to achieve the purposes of 97the CODING:Compact.

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 appropriate to achieve the purposes of the Compact.

(3)Page The24 Interstate Commission shall not pledge the credit of any67 ofCODING: the member states, except by, and with the authority of, the member state.

(4) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

Page 30 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 SECTION(3) 14 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall,shall bynot apledge majoritythe credit of Commissionersany present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compactmember withinstates, twelveexcept (12)by, monthsand ofwith the firstauthority Interstateof, Commissionthe meeting.member state.

(4) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

SECTION 14 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall, by a majority of Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within twelve (12) months of the first Interstate Commission meeting.

(4) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or Page 3125 of 9767 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (4) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities;

(b) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a Page 3226 of 9767 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(c) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.Page 27 of 67 CODING:

SECTION 15 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact.

Notwithstanding the foregoing, in the Page 33 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 eventpersons. the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

SECTION 15 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (1) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact.

Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

(3) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitionerPage has28 a substantial likelihood of success.67 CODING:

The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.

SECTION 16 OVERSIGHT OF INTERSTATE COMPACT Page 34 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (1)petitioner Thehas executive,a legislative,substantial andlikelihood judicial branches of statesuccess. government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent.

The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.

SECTION 16 OVERSIGHT OF INTERSTATE COMPACT (1) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent.

Failure to provide service of process to the Interstate CommissionPage shall29 renderof a67 judgmentCODING: or order void as to the Interstate Commission, the Compact, or promulgated rules.

SECTION 17 ENFORCEMENT OF INTERSTATE COMPACT (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Page 35 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 Compact.Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules.

SECTION 17 ENFORCEMENT OF INTERSTATE COMPACT (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.

SECTIONPage 1830 DEFAULT PROCEDURES (1) The grounds for default include, but are not limited to, failure of a67 memberCODING: state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.

Page 36 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (2)SECTION If18 theDEFAULT InterstatePROCEDURES Commission(1) determinesThe thatgrounds afor memberdefault stateinclude, hasbut defaultedare innot thelimited performanceto, failure of itsa member state to perform such obligations or responsibilities underimposed upon it by the Compact, or the bylawsrules orand promulgatedbylaws rules,of the Interstate Commission shall:promulgated under the Compact.

(2) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Interstate Commission shall:

A cure of the defaultPage does31 not relieve the offending state of obligations67 orCODING: liabilities incurred during the period of the default.

(4) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted.

Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

Page 37 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (5)default Thedoes Interstatenot Commissionrelieve shallthe establishoffending rulesstate andof proceduresobligations toor addressliabilities licensesincurred andduring physicians that are materially impacted by the terminationperiod of a member state, or the withdrawaldefault. of a member state.

(4) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted.

Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(5) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(8) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where thePage Interstate32 Commissionof has67 itsCODING: principal offices.

The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

SECTION 19 DISPUTE RESOLUTION (1) The Interstate Commission shall attempt, upon the Page 38 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 request of a member state, to resolve disputes which are subject to the CompactInterstate andCommission whichhas mayits ariseprincipal amongoffices. member states or member boards.

The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

SECTION 19 DISPUTE RESOLUTION (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards.

(3)Page The33 governors of non-member67 states,CODING: or their designees, shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the Compact by all states.

(4) The Interstate Commission may propose amendments to the Compact for enactment by the member states.

No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted Page 39 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 into(3) lawThe bygovernors unanimousof consentnon-member states, or their designees, shall be invited to participate in the activities of the memberInterstate Commission on a non-voting basis prior to adoption of the Compact by all states.

978(4) SECTIONThe 21Interstate WITHDRAWALCommission 981may (1)propose Onceamendments effective,to the Compact shallfor continueenactment inby forcethe and remain binding upon each and every member state;states.

No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

SECTION 21 WITHDRAWAL (1) Once effective, the Compact shall continue in force and remain binding upon each and every member state;

(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introductionPage 34 of legislation67 repealingCODING: the Compact in the withdrawing state.

(4) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice provided under subsection (3).

(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date Page 40 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 introduction of withdrawal,legislation includingrepealing obligations, the performanceCompact ofin which extend beyond the effectivewithdrawing datestate. of withdrawal.

(4) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice provided under subsection (3).

(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(2)Page Upon35 the dissolution of the67 Compact,CODING: the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

SECTION 23 SEVERABILITY AND CONSTRUCTION Page 41 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (1)(2) TheUpon provisionsthe dissolution of the CompactCompact, shallthe beCompact severable,becomes null and ifvoid anyand phrase,shall clause,be sentence,of orno provisionfurther isforce deemedor unenforceable,effect, and the remainingbusiness provisionsand affairs of the CompactInterstate Commission shall be enforceable.concluded and surplus funds shall be distributed in accordance with the bylaws.

SECTION 23 SEVERABILITY AND CONSTRUCTION (1) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

(2) All laws in a member state in conflict with the CompactPage are36 superseded to the extent of the67 conflict.CODING:

(3) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

(4) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(5) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member Page 42 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 state,Compact suchare provisionsuperseded shall be ineffective to the extent of the conflictconflict. with the constitutional provision in question in that member state.

Section(3) 6.All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

Effective(4) JulyAll 1,agreements 2021,between sectionthe 456.4502,Interstate FloridaCommission Statutes,and isthe createdmember tostates read:are binding in accordance with their terms.

(5) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Section 2.

Section 456.4502, Florida Statutes, is created to read:

120.569(2), the department shall notify the division within 45 days after receipt of a petition orPage request37 forof a67 formalCODING: hearing.

(2) The determination of whether the physician has violated the laws and rules regulating the practice of medicine or osteopathic medicine, as applicable, including a determination of the reasonable standard of care, is a conclusion of law that is to be determined by appropriate board, and is not a finding of fact to be determined by an administrative law judge.

Page 43 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (3)or Therequest administrativefor law judge shall issue a recommendedformal orderhearing. pursuant to chapter 120.

(2) The determination of whether the physician has violated the laws and rules regulating the practice of medicine or osteopathic medicine, as applicable, including a determination of the reasonable standard of care, is a conclusion of law that is to be determined by appropriate board, and is not a finding of fact to be determined by an administrative law judge.

(3) The administrative law judge shall issue a recommended order pursuant to chapter 120.

Section 7.3.

EffectiveSection July 1, 2021, section 456.4503, Florida Statutes, is created to read:

456.4501 shall ensure that the Interstate Medical Licensure Compact Commission complies with the requirements of chapter 119 andPage s.38 of 67 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-01-c1 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 CS/HB 1143 2020 and s.

Section 8.4.

EffectiveSection July 1, 2021, section 456.4504, Florida Statutes, is created to read:

Section 9.5.

EffectiveSection July 1, 2021, section 458.3129, Florida Statutes, is created to read:

Page458.3129 44Interstate ofMedical 97Licensure CODING:Compact.—A physician licensed to practice medicine under s.

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 458.3129 Interstate Medical Licensure Compact.—A physician licensed to practice medicine under s.

Section 10.6.

ParagraphSection (i)459.074, of subsection (1) of section 458.3145, Florida Statutes, is amendedcreated to read:

458.3145459.074 Interstate Medical facultyLicensure certificate.—Compact.—A (1)physician Alicensed medicalto facultypractice certificateosteopathic maymedicine beunder issueds. without examination to an individual who:

(i) Has been offered and has accepted a full-time faculty appointment to teach in a program of medicine at:

1.

The University of Florida;

2.

The University of Miami;

3.

The University of South Florida;

4.

The Florida State University;

5.

The Florida International University;

6.

The University of Central Florida;

7.

The Mayo Clinic College of Medicine and Science in Jacksonville, Florida;

8.

The Florida Atlantic University;

or 9.

The Johns Hopkins All Children's Hospital in St.

Petersburg, Florida;

10.

Nova Southeastern University;

or 11.

The Lake Erie College of Osteopathic Medicine.

Section 11.

Effective July 1, 2021, section 459.074, Florida Statutes, is created to read:

Page 45 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 459.074 Interstate Medical Licensure Compact.—A physician licensed to practice osteopathic medicine under s.

Section 12.7.

EffectiveSubsections upon(1) thisand act(2) becoming a law, subsection (8) of section 464.019,464.0196, Florida Statutes, isare amended,amended and paragraph (f) is added to subsection (11) of that section, to read:

464.019464.0196 ApprovalFlorida ofCenter nursing education programs.— (8) RULEMAKING.—The board does not have rulemaking authority to administer this section, except that the board shall adopt rules that prescribe the format for submittingNursing; program applications under subsection (1) and annual reports under subsection (3), and to administer the documentation of the accreditation of nursing education programs under subsection (11).

The board may adopt rules relating to the nursing curriculum, including rules relating to the uses and limitations of simulationdirectors.— technology,(1) andThe rulesFlorida relatingCenter to the criteria to qualify for anNursing extensionshall ofbe timegoverned toby meeta thepolicy-setting accreditationboard requirementsof underdirectors. paragraph (11)(f).

The board mayshall notconsist imposeof any16 conditionmembers, orwith requirement on an educational institution submitting a programsimple application,majority anof approvedthe program,board orbeing annurses accreditedrepresentative program,of exceptvarious aspractice expresslyareas. provided in this section.

(11)Other ACCREDITATIONmembers REQUIRED.—shall include representatives of other health care professions, Page 4639 of 9767 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (f)business Anand approvedindustry, nursinghealth educationcare programproviders, may,and noconsumers. sooner than 90 days before the deadline for meeting the accreditation requirements of this subsection, apply to the board for an extension of the accreditation deadline for a period which does not exceed 2 years.

AnThe additionalmembers extensionof maythe notboard shall be granted.appointed by the Governor as follows:

In(a) orderFour tomembers berecommended eligibleby for the extension,President of the approvedSenate, programat mustleast establishone thatof itwhom hasshall be a graduateregistered passagenurse raterecommended ofby 60 percent or higher on the NationalFlorida CouncilOrganization of StateNurse BoardsExecutives of Nursing Licensing Examination for the most recent calendar year and mustat meetleast aone majorityother representative of the board'shospital additionalindustry criteria,recommended including,by butthe notFlorida limitedHospital to,Association; all of the following:

1.(b) Four members recommended by the Speaker of the House of Representatives, at least one of whom shall be a registered nurse recommended by the Florida Nurses Association and at least one other representative of the long-term care industry;

A(c) studentFour retentionmembers raterecommended ofby 60the percentGovernor, ortwo higherof forwhom theshall mostbe recentregistered calendarnurses; year.

2.(d) One nurse educator recommended by the Board of Governors who is a dean of a College of Nursing at a state university;

Aand graduate(e) workThree placementnurse rateeducators recommended by the State Board of 70Education, percentone orof higherwhom formust thebe mosta recentdirector calendarof year.a nursing program at a Florida College System institution.

3.(2) The initial terms of the members shall be as follows:

The(a) programOf hasthe appliedmembers appointed pursuant to paragraph (1)(a), two shall be appointed for approvalterms orexpiring hasJune been30, approved2005, byone anfor institutionala orterm programmaticexpiring accreditorJune recognized30, by2004, theand Unitedone Statesfor Departmenta ofterm Education.expiring June 30, 2003.

4.Page 40 of 67 CODING:

The program is in full compliance with subsections (1) and (3) and paragraph (5)(b).

5.

The program is not currently in its second year of probationary status under subsection (5).

The applicable deadline under this paragraph is tolled from the date on which an approved program applies for an extension until Page 47 of 97 CODING:

hb1143-02-c2hb1143-01-c1 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 CS/CS/HBCS/HB 1143 2020 (b) Of the datemembers onappointed whichpursuant theto boardparagraph issues(1)(b), one shall be appointed for a decisionterm onexpiring theJune requested30, extension.2005, two for terms expiring June 30, 2004, and one for a term expiring June 20, 2003.

Section(c) 13.Of the members appointed pursuant to paragraph (1)(c), one shall be appointed for a term expiring June 30, 2005, one for a term expiring June 30, 2004, and two for terms expiring June 30, 2003.

Subsection(d) (13)Of the members appointed pursuant to paragraph (1)(d), the terms of sectiontwo 465.003,members Floridarecommended Statutes,by isthe amendedState toBoard read:of Education shall expire June 30, 2005;

465.003the Definitions.—Asterm usedof inthe thismember chapter,who theis term:a dean of a College of Nursing at a state university shall expire June 30, 2004;

(13)and "Practicethe term of the professionmember ofwho pharmacy"is includesa compounding,director dispensing,of anda consultingstate concerningcommunity contents,college therapeuticnursing values,program andshall usesexpire ofJune any30, medicinal2003. drug;

consultingAfter concerningthe therapeuticinitial valuesappointments andexpire, interactionsThe terms of patentall orthe proprietarymembers preparations,shall whetherbe pursuantfor to3 prescriptionsyears, orwith inno themember absenceserving andmore entirelythan independenttwo ofconsecutive suchterms. prescriptions or orders;

andSection conducting8. other pharmaceutical services.

For purposes of this subsection, "other pharmaceutical services" means the monitoring of the patient's drug therapy and assisting the patient in the management of his or her drug therapy, and includes review of the patient's drug therapy and communication with the patient's prescribing health care provider as licensed under chapter 458, chapter 459, chapter 461, or chapter 466, or similar statutory provision in another jurisdiction, or such provider's agent or such other persons as specifically authorized by the patient, regarding the drug therapy.

However, nothing in this subsection may be interpreted to permit an alteration of a prescriber's directions, the diagnosis or treatment of any disease, the initiation of any drug therapy, the practice of medicine, or the practice of osteopathic Page 48 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 medicine, unless otherwise permitted by law.

"Practice of the profession of pharmacy" also includes any other act, service, operation, research, or transaction incidental to, or forming a part of, any of the foregoing acts, requiring, involving, or employing the science or art of any branch of the pharmaceutical profession, study, or training, and shall expressly permit a pharmacist to transmit information from persons authorized to prescribe medicinal drugs to their patients.

The practice of the profession of pharmacy also includes the administration of vaccines to adults pursuant to s.

465.189, the administration of long-acting medications pursuant to s.

465.1893, and the preparation of prepackaged drug products in facilities holding Class III institutional pharmacy permits.

Section 14.

Paragraph (a) of subsection (1) and paragraph (a) of subsection (2) of section 465.1893, Florida Statutes, are amended to read:

465.1893 Administration of long-acting antipsychotic medication by injection.— (1)(a) A pharmacist, at the direction of a physician licensed under chapter 458 or chapter 459, may administer a long-acting antipsychotic medication and extended-release medications, including controlled substances, to treat substance abuse disorders or dependency that have been approved by the United States Food and Drug Administration by injection to a patient if the pharmacist:

Page 49 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 1.

Is authorized by and acting within the framework of an established protocol with the prescribing physician.

2.

Practices at a facility that accommodates privacy for nondeltoid injections and conforms with state rules and regulations regarding the appropriate and safe disposal of medication and medical waste.

3.

Has completed the course required under subsection (2).

(2)(a) A pharmacist seeking to administer a long-acting antipsychotic medication as described in paragraph (1)(a) by injection must complete an 8-hour continuing education course offered by:

1.

A statewide professional association of physicians in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award (AMA PRA) Category 1 Credit or the American Osteopathic Association (AOA) Category 1-A continuing medical education (CME) credit;

and 2.

A statewide association of pharmacists.

Section 15.

Subsection (9) is added to section 466.017, Florida Statutes, to read:

466.017 Prescription of drugs;

anesthesia.— (9) A dentist may order physical impression materials for self-administration by a patient for the purpose of fabricating an orthodontic appliance.

Section 16.

Section 466.031, Florida Statutes, is amended Page 50 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 to read:

466.031 "Dental laboratories laboratory" defined.— (1) As used in this chapter, the term "dental laboratory" as used in this chapter:

(1) includes any person, firm, or corporation that who performs for a fee of any kind, gratuitously, or otherwise, directly or through an agent or an employee, by any means or method, or who in any way supplies or manufactures artificial substitutes for the natural teeth;, or who furnishes, supplies, constructs, or reproduces or repairs any prosthetic denture, bridge, or appliance to be worn in the human mouth;

or who in any way represents holds itself out as a dental laboratory.

(2) The term does not include a Excludes any dental laboratory technician who constructs or repairs dental prosthetic appliances in the office of a licensed dentist exclusively for that such dentist only and under her or his supervision and work order.

(2) An employee or independent contractor of a dental laboratory, acting as an agent of that dental laboratory, may engage in onsite consultation with a licensed dentist during a dental procedure.

Section 17.

Section 466.036, Florida Statutes, is amended to read:

466.036 Information;

periodic inspections;

equipment and supplies.—The department may require from the applicant for a Page 51 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 registration certificate to operate a dental laboratory any information necessary to carry out the purpose of this chapter, including proof that the applicant has the equipment and supplies necessary to operate as determined by rule of the department, and shall require periodic inspection of all dental laboratories operating in this state at least once each biennial registration period.

Such inspections must shall include, but need not be limited to, inspection of sanitary conditions, equipment, supplies, and facilities on the premises.

The department shall specify dental equipment and supplies that are not allowed permitted in a registered dental laboratory.

Section 18.

Chapter 480, Florida Statutes, entitled "Massage Practice," is renamed "Massage Therapy Practice." Section 19.

Section 480.031, Florida Statutes, is amended to read:

480.031 Short title.—This act shall be known and may be cited as the "Massage Therapy Practice Act." Section 20.

Section 480.032, Florida Statutes, is amended to read:

480.032 Purpose.—The Legislature recognizes that the practice of massage therapy is potentially dangerous to the public in that massage therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body.

Massage therapy is a Page 52 of 97 CODING:

Words stricken are deletions;

words underlined are additions.

hb1143-02-c2 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 CS/CS/HB 1143 2020 therapeutic health care practice, and regulations are necessary to protect the public from unqualified practitioners.

It is therefore deemed necessary in the interest of public health, safety, and welfare to regulate the practice of massage therapy in this state;

however, restrictions shall be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market.

Further, consumer protection for both health and economic matters shall be afforded the public through legal remedies provided for in this act.

Section 21.

Section 480.033, Florida Statutes, is amended to read:

480.033 Definitions.—As used in this act:

(1)(5) "Apprentice" means a person approved by the board to study colon hydrotherapy massage under the instruction of a licensed massage therapist practicing colon hydrotherapy.

(2)(1) "Board" means the Board of Massage Therapy.

(3)(9) "Board-approved massage therapy school" means a facility that meets minimum standards for training and curriculum as determined by rule of the board and that is licensed by the Department of Education pursuant to chapter 1005 or the equivalent licensing authority of another state or is within the public school system of this state or a college or university that is eligible to participate in the William L.

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hb1143-02-c2 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 CS/CS/HB 1143 2020 Boyd, IV, Effective Access to Student Education Grant Program.

(4)(6) "Colon hydrotherapy" "Colonic irrigation" means a method of hydrotherapy used to cleanse the colon with the aid of a mechanical device and water.

(5)(2) "Department" means the Department of Health.

(6)(11) "Designated establishment manager" means a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.

(7) "Establishment" or "massage establishment" means a site or premises, or portion thereof, wherein a massage therapist practices massage therapy.

(8)(10) "Establishment owner" means a person who has ownership interest in a massage establishment.

The term includes an individual who holds a massage establishment license, a general partner of a partnership, an owner or officer of a corporation, and a member of a limited liability company and its subsidiaries who holds a massage establishment license.

(9)(8) "Licensure" means the procedure by which a person, hereinafter referred to as a "practitioner," applies to the board for approval to practice massage therapy or to operate an establishment.

(10)(4) "Massage therapist" means a person licensed as Page 54 of 97 CODING:

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hb1143-02-c2 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 CS/CS/HB 1143 2020 required by this act, who performs administers massage therapy, including massage therapy assessment, for compensation.