This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0559d.HHS
DATE: 2/16/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 559 Occupational Licensure of Military Spouses
SPONSOR(S): Professions & Public Health Subcommittee, Regulatory Reform Subcommittee, Hunschofsky
and others
TIED BILLS: IDEN./SIM. BILLS: SB 562
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Thompson Anstead
2) Professions & Public Health Subcommittee 18 Y, 0 N, As CS Rahming McElroy
3) Health & Human Services Committee Rahming Calamas
SUMMARY ANALYSIS
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
regulatory authority over health care practitioners in Florida. The MQA works in conjunction with 22 boards and
four councils to license and regulate ten types of health care facilities and more than 200 licenses in over 40
health care professions. Each profession is regulated by an individual practice act and by ch. 456, F.S., which
provides general regulatory and licensure authority for the MQA.
DOH provides expedited health care professional licensing to applicants who are a spouse or surviving spouse
of a U.S. Armed Forces active duty member through the Florida Veterans Application for Licensure Online
Response System (VALOR). Veterans and spouses who apply through the VALOR process receive a waiver
of most licensing fees. In Florida, spouses of active duty members are authorized to receive a temporary
license to practice certain health care professions upon submission of specified information and a $65
licensure application fee.
The bill makes several revisions to temporary licensure requirements for the spouse of an active duty member.
The bill:
Requires DOH to issue a full professional license, rather than a temporary license, to applicants who
satisfy submission requirements;
Requires the board, or DOH if there is no board, to expedite all applications submitted by an active duty
member’s spouse under specified conditions;
Allows military spouse licensees to renew the license, which is prohibited under current law; and
Requires DOH to waive the $65 application fee.
The bill will likely have an insignificant, negative fiscal impact on DOH and has no fiscal impact on local
governments.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0559d.HHS PAGE: 2
DATE: 2/16/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Licensure of Health Care Practitioners
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
regulatory authority over health care practitioners in Florida.
1
The MQA works in conjunction with 22
boards and four councils to license and regulate ten types of health care facilities and more than 200
licenses in over 40 health care professions.
2
Each profession is regulated by an individual practice act
and by ch. 456, F.S., which provides general regulatory and licensure authority for the MQA.
Military and Veteran Licensure
Florida offers expedited licensing and fee waivers to a person who serves or has served as a health
care practitioner
3
in the United States Armed Forces, United States Reserve Forces, or the National
Guard
4
. To qualify for the expedited licensure and fee waivers, the person must have actively practiced
the profession for which he or she is applying during the preceding 3 years and must:
5
Submit a complete application;
Submit proof that he or she has received an honorable discharge within 6 months before, or will
receive an honorable discharge within 6 months after, the date of submission of the application;
Submit proof that he or she holds an active, unencumbered license issued by another state, the
District of Columbia, or a possession or territory of the United States and who has not had
disciplinary action taken against him or her in the 5 years preceding the date of submission of
the application;
Attest that he or she is not, at the time of submission of the application, the subject of a
disciplinary proceeding in a jurisdiction in which he or she holds a license or by the U.S.
Department of Defense for reasons related to the practice of the profession for which he or she
is applying; and
Submit a set of fingerprints for a background screening, if required for the profession for which
he or she is applying.
DOH is required to develop an application form,
6
and each board, or DOH if there is no board, is
required to waive the application fee, licensure fee, and unlicensed activity fee for such applicants.
7
Military Spouse Temporary Licensure
1
Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include acupuncturists, physicians, physician assistants,
chiropractors, podiatrists, naturopaths, dentists, dental hygienists, optometrists, nurses, nursing assistants, pharmacists, midwives,
speech language pathologists, nursing home administrators, occupational therapists, respiratory therapists, dieticians, athletic trainers,
orthotists, prosthetists, electrologists, massage therapists, clinical laboratory personnel, medical physicists, dispensers of optical
devices or hearing aids, physical therapists, psychologists, social workers, counselors, and psychotherapists, among others.
2
Florida Department of Health (DOH), Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2020-
2021, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/annual-report-1617.pdf (last visited
Jan. 3, 2022).
3
Health care practitioner means a health care practitioner as defined in s. 456.001, F.S., and a person licensed under part III of ch.
401, F.S., or part IV of ch. 468, F.S.
4
Includes the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. 10 U.S.C. § 101(a)(4).
5
S. 456.024(3)(b), F.S.
6
R. 64B-9.003, F.A.C.
7
S. 456.024(3)(a), F.S. STORAGE NAME: h0559d.HHS PAGE: 3
DATE: 2/16/2022
Each board, or DOH if there is no board, is also authorized to issue temporary licenses to military
spouses to practice his or her health care profession in Florida.
8
A temporary license is valid for one
year and is not renewable.
9
To be eligible for a temporary license, a military spouse must:
10
Submit a completed application and a $65 application fee;
11
Provide proof that he or she is married to an active duty member of the U.S. Armed Forces
assigned to a duty station in Florida pursuant to official military orders;
Provide proof of a valid license from another state or jurisdiction to practice the health
profession for which he or she is applying and that such license is not subject to any disciplinary
proceeding;
Provide proof that he or she would otherwise be entitled to full licensure and is eligible to take
the respective licensure examination as required in this state; and
Pass a criminal background screening.
DOH provides expedited health care professional licensing to honorably discharged veterans and their
spouses through the Florida Veterans Application for Licensure Online Response System (VALOR).
12
Veterans and spouses who apply through the VALOR process receive a waiver of most licensing
fees.
13
Since its inception in 2016, there have been approximately 1,669 health care licensure applications
submitted by and approved for active duty service members, military veterans, and their spouses
through the VALOR expedited licensing process. There were 352 applications approved for health care
licensure of military spouses and honorably discharged veterans in FY 2020-2021, which accounted for
approximately 1.38% of all DOH issued licenses during this time period.
14
Effect of Proposed Changes
The bill makes several revisions to temporary licensure requirements for the spouse of an active duty
member. The bill:
Requires DOH to issue a full professional license, rather than a temporary license, to applicants
who satisfy submission requirements;
Requires the board, or DOH if there is no board, to expedite all applications submitted by an
active duty member’s spouse under specified conditions; and
Allows military spouse licensees to renew the license, which is prohibited under current law; and
Requires DOH to waive the $65 application fee.
The bill has an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 456.024, F.S., relating to members of Armed Forces in good standing with
administrative boards or the department; spouses; licensure.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
8
S. 456.024(4), F.S.
9
S. 456.024(4)(f), F.S.
10
S. 456.024(4)(a)-(d), F.S.
11
R. 64B-4.007, F.A.C.
12
DOH operates the Veterans Application for Licensure Online Response System (VALOR) to provide expedited licensing for active
duty military members, honorably discharged veterans, and spouses of active duty military members with an active license in another
state. See http://www.flhealthsource.gov/valor (last visited Jan. 4, 2021).
13
DOH, Agency Analysis of 2022 HB 559, p. 2 (12/14/2021).
14
Id. STORAGE NAME: h0559d.HHS PAGE: 4
DATE: 2/16/2022
1. Revenues:
The Division of Medical Quality Assurance will experience a recurring loss of revenue with
implementation of the bill, but anticipates that any reduction in licensing fees will have an
insignificant impact on their trust fund.
15
2. Expenditures:
DOH will incur costs associated with implementing the bill, which current resources are adequate to
absorb.
16
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill removes the $65 DOH licensure fee for a spouse of a U.S. Armed Force active duty member.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Current law provides sufficient rulemaking authority for DOH to implement the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 12, 2021, the Regulatory Reform Subcommittee adopted one amendment and reported the
bill favorably as a committee substitute. The committee substitute removed provisions related to the
Department of Business and Professional Regulation from the bill.
On January 25, 2022, the Professions & Public Health Subcommittee adopted an amendment to HB
559 and reported the bill favorably as a committee substitute. The amendment removed the
requirement for DOH to issue temporary professional licenses to military spouses under certain
circumstances.
15
DOH, Agency Analysis of 2022 HB 559, p. 4 (12/14/2021).
16
Id. STORAGE NAME: h0559d.HHS PAGE: 5
DATE: 2/16/2022
This analysis is drafted to the committee substitute as passed by the Professions & Public Health
Subcommittee.