FL
Florida House Bill H1387

Florida 2023 Regular Session

Florida House Bill H1387 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to the Department of Health; creating 2
1616 s. 381.875, F.S.; defining terms; prohibiting certain 3
1717 research in this state relating to enhanced potential 4
1818 pandemic pathogens; requiring researchers applying for 5
1919 state or local funding to disclose cert ain 6
2020 information; requiring the Department of Health to 7
2121 enjoin violations of specified provisions; providing 8
2222 construction; amending s. 381.986, F.S.; defining the 9
2323 term "attractive to children"; prohibiting medical 10
2424 marijuana treatment centers from producing marijuana 11
2525 products that are attractive to children or 12
2626 manufactured in specified manners; prohibiting 13
2727 marijuana packaging and labeling from including 14
2828 specified wording; prohibiting medical marijuana 15
2929 treatment centers from using certain content in their 16
3030 advertising which is attractive to children or 17
3131 promotes the recreational use of marijuana; revising 18
3232 background screening requirements for certain 19
3333 individuals; amending s. 381.988, F.S.; requiring 20
3434 medical marijuana testing laboratories to subject 21
3535 their employees to background screenings; revising 22
3636 background screening requirements for certain 23
3737 individuals; amending s. 382.005, F.S.; requiring 24
3838 local registrars to electronically file all live 25
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4747 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
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5151 birth, death, and fetal death records in their 26
5252 respective jurisdictions in the department's 27
5353 electronic registration system; requiring the local 28
5454 registrars to file a paper record with the department 29
5555 if the electronic system is unavailable; requiring 30
5656 local registrars to make blank paper forms available 31
5757 in such instances; providing requirements for such 32
5858 paper records; amending s. 382.008, F.S.; conforming 33
5959 provisions to changes made by the act; amending s. 34
6060 382.009, F.S.; revising the types of health care 35
6161 practitioners who may make certain determinations of 36
6262 death; amending ss. 382.013 and 382.015, F.S.; 37
6363 conforming provisions to changes made by the act; 38
6464 amending ss. 382.021 and 382.023, F.S.; revising the 39
6565 reporting requirements and the frequency with which 40
6666 circuit courts must transmit marriage licenses and 41
6767 certain dissolution-of-marriage records to the 42
6868 department; requiring that such records be transmitted 43
6969 electronically; amending s. 382.025, F.S.; extending 44
7070 the timeframe for the confidentiality of certain birth 45
7171 records; authorizing persons appointed by the 46
7272 department to issue certified copies of live birth, 47
7373 death, and fetal death certificates; amending s. 48
7474 401.27, F.S.; revising requirements for applicants for 49
7575 certification or recertification as emergency medical 50
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8484 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
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8888 technicians or paramedics; deleting a requirement that 51
8989 a certain certificati on examination be offered 52
9090 monthly; deleting related duties of the department; 53
9191 deleting a temporary certificate and related 54
9292 provisions; amending s. 401.2701, F.S.; exempting 55
9393 certain emergency medical services training program 56
9494 applicants from the requirement to have a certain 57
9595 affiliation agreement; amending s. 401.272, F.S.; 58
9696 revising the purpose of certain provisions; specifying 59
9797 requirements for the provision of specified services 60
9898 by paramedics and emergency medical technicians under 61
9999 certain circumstances; re vising the department's 62
100100 rulemaking authority; amending s. 401.34, F.S.; 63
101101 deleting certain provisions and fees related to the 64
102102 department's grading of a certain certification 65
103103 examination; amending s. 401.435, F.S.; revising 66
104104 provisions related to minimum stand ards for emergency 67
105105 medical responder training; amending s. 464.203, F.S.; 68
106106 exempting certain applicants for certification as a 69
107107 certified nursing assistant from the skills -70
108108 demonstration portion of a certain competency 71
109109 examination; amending ss. 468.1225 and 4 68.1245, F.S.; 72
110110 revising the scope of practice for audiologists, as it 73
111111 relates to hearing aids to apply to prescription 74
112112 hearing aids only; amending s. 468.1246, F.S.; 75
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121121 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
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125125 conforming provisions to changes made by the act; 76
126126 deleting obsolete language; amending ss. 468.1255, 77
127127 468.1265, and 468.1275, F.S.; conforming provisions to 78
128128 changes made by the act; amending s. 484.0401, F.S.; 79
129129 revising legislative findings and intent to conform to 80
130130 changes made by the act; reordering and amending s. 81
131131 484.041, F.S.; providing and r evising definitions; 82
132132 amending s. 484.042, F.S.; revising membership 83
133133 requirements for members of the Board of Hearing Aid 84
134134 Specialists; amending s. 484.044, F.S.; revising the 85
135135 board's rulemaking authority; deleting obsolete 86
136136 language; amending ss. 484.0445, 4 84.045, 484.0501, 87
137137 and 484.051, F.S.; revising the scope of practice for 88
138138 hearing aid specialists and making conforming changes 89
139139 to licensure and practice requirements; amending s. 90
140140 484.0512, F.S.; conforming provisions to changes made 91
141141 by the act; deleting obs olete language; amending ss. 92
142142 484.0513, 484.053, and 484.054, F.S.; conforming 93
143143 provisions to changes made by the act; amending s. 94
144144 484.059, F.S.; conforming provisions to changes made 95
145145 by the act; providing applicability; providing a 96
146146 directive to the Division of Law Revision; providing 97
147147 effective dates. 98
148148 99
149149 Be It Enacted by the Legislature of the State of Florida: 100
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158158 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
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162162 101
163163 Section 1. Effective upon this act becoming law, section 102
164164 381.875, Florida Statutes, is created to read: 103
165165 381.875 Enhanced potential pandemic p athogen research 104
166166 prohibited.— 105
167167 (1) As used in this section, the term: 106
168168 (a) "Enhanced potential pandemic pathogen" means a 107
169169 potential pandemic pathogen that results from enhancing the 108
170170 transmissibility or virulence of a pathogen. The term does not 109
171171 include naturally occurring pathogens circulating in or 110
172172 recovered from nature, regardless of their pandemic potential. 111
173173 (b) "Enhanced potential pandemic pathogen research" means 112
174174 research that may be reasonably anticipated to create, transfer, 113
175175 or use potential pand emic pathogens that result from enhancing a 114
176176 pathogen's transmissibility or virulence in humans. 115
177177 (c) "Potential pandemic pathogen" means a bacterium, 116
178178 virus, or other microorganism that is likely to be both: 117
179179 1. Highly transmissible and capable of wide, 118
180180 uncontrollable spread in human populations; and 119
181181 2. Highly virulent, making it likely to cause significant 120
182182 morbidity or mortality in humans. 121
183183 (2) Any research that is reasonably likely to create an 122
184184 enhanced potential pandemic pathogen or that has been det ermined 123
185185 by the United States Department of Health and Human Services, 124
186186 another federal agency, or a state agency as defined in s. 11.45 125
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195195 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
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199199 to create such a pathogen is prohibited in this state. 126
200200 (3) Any researcher applying for state or local funding to 127
201201 conduct research in this state must disclose in the application 128
202202 to the funding source whether the research meets the definition 129
203203 of enhanced potential pandemic pathogen research. 130
204204 (4) The Department of Health shall exercise its authority 131
205205 under s. 381.0012 to enj oin violations of this section. 132
206206 (5) This section does not affect research funded or 133
207207 conducted before the effective date of this act. 134
208208 Section 2. Present paragraphs (a) through (o) of 135
209209 subsection (1) of section 381.986, Florida Statutes, are 136
210210 redesignated as paragraphs (b) through (p), respectively, a new 137
211211 paragraph (a) is added to that subsection, and paragraphs (a) 138
212212 and (c) of subsection (3), paragraphs (e) and (h) of subsection 139
213213 (8), and subsection (9) of that section are amended, to read: 140
214214 381.986 Medical use of marijuana. — 141
215215 (1) DEFINITIONS.—As used in this section, the term: 142
216216 (a) "Attractive to children" means the use of any image or 143
217217 words designed or likely to appeal to persons younger than 18 144
218218 years of age, including, but not limited to, cartoon s, toys, 145
219219 animals, food, or depictions of persons younger than 18 years of 146
220220 age; any other likeness to images, characters, or phrases that 147
221221 are popularly used to advertise to persons younger than 18 years 148
222222 of age; or any reasonable likeness to commercially ava ilable 149
223223 candy. 150
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232232 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
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236236 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. — 151
237237 (a) Before being approved as a qualified physician , as 152
238238 defined in paragraph (1)(m), and before each license renewal, a 153
239239 physician must successfully complete a 2 -hour course and 154
240240 subsequent examination offered by the Florida Medical 155
241241 Association or the Florida Osteopathic Medical Association which 156
242242 encompass the requirements of this section and any rules adopted 157
243243 hereunder. The course and examination must shall be administered 158
244244 at least annually an d may be offered in a distance learning 159
245245 format, including an electronic, online format that is available 160
246246 upon request. The price of the course may not exceed $500. A 161
247247 physician who has met the physician education requirements of 162
248248 former s. 381.986(4), Florid a Statutes 2016, before June 23, 163
249249 2017, shall be deemed to be in compliance with this paragraph 164
250250 from June 23, 2017, until 90 days after the course and 165
251251 examination required by this paragraph become available. 166
252252 (c) Before being employed as a medical director , as 167
253253 defined in paragraph (1)(i), and before each license renewal, a 168
254254 medical director must successfully complete a 2 -hour course and 169
255255 subsequent examination offered by the Florida Medical 170
256256 Association or the Florida Osteopathic Medical Association which 171
257257 encompass the requirements of this section and any rules adopted 172
258258 hereunder. The course and examination must shall be administered 173
259259 at least annually and may be offered in a distance learning 174
260260 format, including an electronic, online format that is available 175
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269269 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
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273273 upon request. The price of the course may not exceed $500. 176
274274 (8) MEDICAL MARIJUANA TREATMENT CENTERS. — 177
275275 (e) A licensed medical marijuana treatment center shall 178
276276 cultivate, process, transport, and dispense marijuana for 179
277277 medical use. A licensed medical marijuana treatment center may 180
278278 not contract for services directly related to the cultivation, 181
279279 processing, and dispensing of marijuana or marijuana delivery 182
280280 devices, except that a medical marijuana treatment center 183
281281 licensed pursuant to subparagraph (a)1. may contract with a 184
282282 single entity for the cultivation, processing, transporting, and 185
283283 dispensing of marijuana and marijuana delivery devices. A 186
284284 licensed medical marijuana treatment center must, at all times, 187
285285 maintain compliance with the criteria demonstrated and 188
286286 representations made in the initial application and the criteria 189
287287 established in this subsection. Upon request, the department may 190
288288 grant a medical marijuana treatment center a variance from the 191
289289 representations made in the initial application. Consideration 192
290290 of such a request shall be based upon the individual facts and 193
291291 circumstances surrounding the request. A variance may not be 194
292292 granted unless the requesting medical marijuana treatment center 195
293293 can demonstrate to the department that it has a proposed 196
294294 alternative to the specific representation made in its 197
295295 application which fulfills the same or a similar purpose as the 198
296296 specific representation in a way that the department can 199
297297 reasonably determine will not be a lower standard than the 200
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306306 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
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310310 specific representation in the applic ation. A variance may not 201
311311 be granted from the requirements in subparagraph 2. and 202
312312 subparagraphs (b)1. and 2. 203
313313 1. A licensed medical marijuana treatment center may 204
314314 transfer ownership to an individual or entity who meets the 205
315315 requirements of this section. A publicly traded corporation or 206
316316 publicly traded company that meets the requirements of this 207
317317 section is not precluded from ownership of a medical marijuana 208
318318 treatment center. To accommodate a change in ownership: 209
319319 a. The licensed medical marijuana treatment center shall 210
320320 notify the department in writing at least 60 days before the 211
321321 anticipated date of the change of ownership. 212
322322 b. The individual or entity applying for initial licensure 213
323323 due to a change of ownership must submit an application that 214
324324 must be received by the department at least 60 days before the 215
325325 date of change of ownership. 216
326326 c. Upon receipt of an application for a license, the 217
327327 department shall examine the application and, within 30 days 218
328328 after receipt, notify the applicant in writing of any apparent 219
329329 errors or omissions and request any additional information 220
330330 required. 221
331331 d. Requested information omitted from an application for 222
332332 licensure must be filed with the department within 21 days after 223
333333 the department's request for omitted information or the 224
334334 application shall be deemed incomplete and shall be withdrawn 225
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343343 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
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347347 from further consideration and the fees shall be forfeited. 226
348348 e. Within 30 days after the receipt of a complete 227
349349 application, the department shall approve or deny the 228
350350 application. 229
351351 2. A medical marijua na treatment center, and any 230
352352 individual or entity who directly or indirectly owns, controls, 231
353353 or holds with power to vote 5 percent or more of the voting 232
354354 shares of a medical marijuana treatment center, may not acquire 233
355355 direct or indirect ownership or control of any voting shares or 234
356356 other form of ownership of any other medical marijuana treatment 235
357357 center. 236
358358 3. A medical marijuana treatment center may not enter into 237
359359 any form of profit-sharing arrangement with the property owner 238
360360 or lessor of any of its facilities where cultivation, 239
361361 processing, storing, or dispensing of marijuana and marijuana 240
362362 delivery devices occurs. 241
363363 4. All employees of a medical marijuana treatment center 242
364364 must be 21 years of age or older and have passed a background 243
365365 screening pursuant to subsec tion (9). 244
366366 5. Each medical marijuana treatment center must adopt and 245
367367 enforce policies and procedures to ensure employees and 246
368368 volunteers receive training on the legal requirements to 247
369369 dispense marijuana to qualified patients. 248
370370 6. When growing marijuana, a medical marijuana treatment 249
371371 center: 250
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380380 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
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384384 a. May use pesticides determined by the department, after 251
385385 consultation with the Department of Agriculture and Consumer 252
386386 Services, to be safely applied to plants intended for human 253
387387 consumption, but may not use pesticides designated as 254
388388 restricted-use pesticides pursuant to s. 487.042. 255
389389 b. Must grow marijuana within an enclosed structure and in 256
390390 a room separate from any other plant. 257
391391 c. Must inspect seeds and growing plants for plant pests 258
392392 that endanger or threaten the hor ticultural and agricultural 259
393393 interests of the state in accordance with chapter 581 and any 260
394394 rules adopted thereunder. 261
395395 d. Must perform fumigation or treatment of plants, or 262
396396 remove and destroy infested or infected plants, in accordance 263
397397 with chapter 581 and a ny rules adopted thereunder. 264
398398 7. Each medical marijuana treatment center must produce 265
399399 and make available for purchase at least one low -THC cannabis 266
400400 product. 267
401401 8. A medical marijuana treatment center that produces 268
402402 edibles must hold a permit to operate as a food establishment 269
403403 pursuant to chapter 500, the Florida Food Safety Act, and must 270
404404 comply with all the requirements for food establishments 271
405405 pursuant to chapter 500 and any rules adopted thereunder. 272
406406 Edibles may not contain more than 200 milligrams of 273
407407 tetrahydrocannabinol, and a single serving portion of an edible 274
408408 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 275
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417417 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
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421421 may have a potency variance of no greater than 15 percent. 276
422422 Marijuana products, including edibles, may not be attractive to 277
423423 children; be manufactured in the shape of humans, cartoons, or 278
424424 animals; be manufactured in a form that bears any reasonable 279
425425 resemblance to products available for consumption as 280
426426 commercially available candy; or contain any color additives. To 281
427427 discourage consumption of e dibles by children, the department 282
428428 shall determine by rule any shapes, forms, and ingredients 283
429429 allowed and prohibited for edibles. Medical marijuana treatment 284
430430 centers may not begin processing or dispensing edibles until 285
431431 after the effective date of the rule. The department shall also 286
432432 adopt sanitation rules providing the standards and requirements 287
433433 for the storage, display, or dispensing of edibles. 288
434434 9. Within 12 months after licensure, a medical marijuana 289
435435 treatment center must demonstrate to the department th at all of 290
436436 its processing facilities have passed a Food Safety Good 291
437437 Manufacturing Practices, such as Global Food Safety Initiative 292
438438 or equivalent, inspection by a nationally accredited certifying 293
439439 body. A medical marijuana treatment center must immediately st op 294
440440 processing at any facility which fails to pass this inspection 295
441441 until it demonstrates to the department that such facility has 296
442442 met this requirement. 297
443443 10. A medical marijuana treatment center that produces 298
444444 prerolled marijuana cigarettes may not use wrapp ing paper made 299
445445 with tobacco or hemp. 300
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454454 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
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458458 11. When processing marijuana, a medical marijuana 301
459459 treatment center must: 302
460460 a. Process the marijuana within an enclosed structure and 303
461461 in a room separate from other plants or products. 304
462462 b. Comply with department rules when processing marijuana 305
463463 with hydrocarbon solvents or other solvents or gases exhibiting 306
464464 potential toxicity to humans. The department shall determine by 307
465465 rule the requirements for medical marijuana treatment centers to 308
466466 use such solvents or gases exhibitin g potential toxicity to 309
467467 humans. 310
468468 c. Comply with federal and state laws and regulations and 311
469469 department rules for solid and liquid wastes. The department 312
470470 shall determine by rule procedures for the storage, handling, 313
471471 transportation, management, and disposal of solid and liquid 314
472472 waste generated during marijuana production and processing. The 315
473473 Department of Environmental Protection shall assist the 316
474474 department in developing such rules. 317
475475 d. Test the processed marijuana using a medical marijuana 318
476476 testing laboratory before it is dispensed. Results must be 319
477477 verified and signed by two medical marijuana treatment center 320
478478 employees. Before dispensing, the medical marijuana treatment 321
479479 center must determine that the test results indicate that low -322
480480 THC cannabis meets the definit ion of low-THC cannabis, the 323
481481 concentration of tetrahydrocannabinol meets the potency 324
482482 requirements of this section, the labeling of the concentration 325
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491491 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
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495495 of tetrahydrocannabinol and cannabidiol is accurate, and all 326
496496 marijuana is safe for human consumption and fr ee from 327
497497 contaminants that are unsafe for human consumption. The 328
498498 department shall determine by rule which contaminants must be 329
499499 tested for and the maximum levels of each contaminant which are 330
500500 safe for human consumption. The Department of Agriculture and 331
501501 Consumer Services shall assist the department in developing the 332
502502 testing requirements for contaminants that are unsafe for human 333
503503 consumption in edibles. The department shall also determine by 334
504504 rule the procedures for the treatment of marijuana that fails to 335
505505 meet the testing requirements of this section, s. 381.988, or 336
506506 department rule. The department may select samples of marijuana 337
507507 from a medical marijuana treatment center facility which shall 338
508508 be tested by the department to determine whether the marijuana 339
509509 meets the potency requirements of this section, is safe for 340
510510 human consumption, and is accurately labeled with the 341
511511 tetrahydrocannabinol and cannabidiol concentration or to verify 342
512512 the result of marijuana testing conducted by a marijuana testing 343
513513 laboratory. The depar tment may also select samples of marijuana 344
514514 delivery devices from a medical marijuana treatment center to 345
515515 determine whether the marijuana delivery device is safe for use 346
516516 by qualified patients. A medical marijuana treatment center may 347
517517 not require payment fro m the department for the sample. A 348
518518 medical marijuana treatment center must recall marijuana, 349
519519 including all marijuana and marijuana products made from the 350
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528528 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
529529
530530
531531
532532 same batch of marijuana, that fails to meet the potency 351
533533 requirements of this section, that is unsafe f or human 352
534534 consumption, or for which the labeling of the 353
535535 tetrahydrocannabinol and cannabidiol concentration is 354
536536 inaccurate. The department shall adopt rules to establish 355
537537 marijuana potency variations of no greater than 15 percent using 356
538538 negotiated rulemaking pu rsuant to s. 120.54(2)(d) which accounts 357
539539 for, but is not limited to, time lapses between testing, testing 358
540540 methods, testing instruments, and types of marijuana sampled for 359
541541 testing. The department may not issue any recalls for product 360
542542 potency as it relates t o product labeling before issuing a rule 361
543543 relating to potency variation standards. A medical marijuana 362
544544 treatment center must also recall all marijuana delivery devices 363
545545 determined to be unsafe for use by qualified patients. The 364
546546 medical marijuana treatment ce nter must retain records of all 365
547547 testing and samples of each homogenous batch of marijuana for at 366
548548 least 9 months. The medical marijuana treatment center must 367
549549 contract with a marijuana testing laboratory to perform audits 368
550550 on the medical marijuana treatment c enter's standard operating 369
551551 procedures, testing records, and samples and provide the results 370
552552 to the department to confirm that the marijuana or low -THC 371
553553 cannabis meets the requirements of this section and that the 372
554554 marijuana or low-THC cannabis is safe for hu man consumption. A 373
555555 medical marijuana treatment center shall reserve two processed 374
556556 samples from each batch and retain such samples for at least 9 375
557-ENROLLED
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565565 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
566566
567567
568568
569569 months for the purpose of such audits. A medical marijuana 376
570570 treatment center may use a laboratory that has not b een 377
571571 certified by the department under s. 381.988 until such time as 378
572572 at least one laboratory holds the required certification, but in 379
573573 no event later than July 1, 2018. 380
574574 e. Package the marijuana in compliance with the United 381
575575 States Poison Prevention Packagi ng Act of 1970, 15 U.S.C. ss. 382
576576 1471 et seq. 383
577577 f. Package the marijuana in a receptacle that has a firmly 384
578578 affixed and legible label stating the following information: 385
579579 (I) The marijuana or low -THC cannabis meets the 386
580580 requirements of sub-subparagraph d. 387
581581 (II) The name of the medical marijuana treatment center 388
582582 from which the marijuana originates. 389
583583 (III) The batch number and harvest number from which the 390
584584 marijuana originates and the date dispensed. 391
585585 (IV) The name of the physician who issued the physician 392
586586 certification. 393
587587 (V) The name of the patient. 394
588588 (VI) The product name, if applicable, and dosage form, 395
589589 including concentration of tetrahydrocannabinol and cannabidiol. 396
590590 The product name may not contain wording commonly associated 397
591591 with products that are attractive to children or which promote 398
592592 the recreational use of marijuana marketed by or to children . 399
593593 (VII) The recommended dose. 400
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602602 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
603603
604604
605605
606606 (VIII) A warning that it is illegal to transfer medical 401
607607 marijuana to another person. 402
608608 (IX) A marijuana universal symbol developed by the 403
609609 department. 404
610610 12. The medical marijuana treatment center shall include 405
611611 in each package a patient package insert with information on the 406
612612 specific product dispensed related to: 407
613613 a. Clinical pharmacology. 408
614614 b. Indications and use. 409
615615 c. Dosage and administration. 410
616616 d. Dosage forms and strengths. 411
617617 e. Contraindications. 412
618618 f. Warnings and precautions. 413
619619 g. Adverse reactions. 414
620620 13. In addition to the packaging and labeling requirements 415
621621 specified in subparagraphs 11. and 12., marijuana in a form for 416
622622 smoking must be packaged in a sealed receptacle with a legible 417
623623 and prominent warning to keep away from children and a warning 418
624624 that states marijuana smoke contains carcinogens and may 419
625625 negatively affect health. Such receptacles for marijuana in a 420
626626 form for smoking must be plain, opaque, and white without 421
627627 depictions of the product or images other than the medical 422
628628 marijuana treatment center's department -approved logo and the 423
629629 marijuana universal symbol. 424
630630 14. The department shall adopt rules to regulate the 425
631-ENROLLED
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639639 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
640640
641641
642642
643643 types, appearance, and labeling of marijuana delivery devices 426
644644 dispensed from a medical marijuana treatment center. The rules 427
645645 must require marijuana delivery devices to have an appearance 428
646646 consistent with medical use. 429
647647 15. Each edible must shall be individually sealed in 430
648648 plain, opaque wrapping marked only with the marijuana universal 431
649649 symbol. Where practical, each edible must shall be marked with 432
650650 the marijuana universal symbol. In addition to the packaging and 433
651651 labeling requirements in subparagraphs 11. and 12., edible 434
652652 receptacles must be plain, opaque, and white without depictions 435
653653 of the product or images other than the medical marijuana 436
654654 treatment center's department -approved logo and the marijuana 437
655655 universal symbol. The receptacle must also include a list of all 438
656656 the edible's ingredients, storage instructions, an expiration 439
657657 date, a legible and prominent warning to keep away from children 440
658658 and pets, and a warning that the edible has not been produced or 441
659659 inspected pursuant to federal food safety laws. 442
660660 16. When dispensing ma rijuana or a marijuana delivery 443
661661 device, a medical marijuana treatment center: 444
662662 a. May dispense any active, valid order for low -THC 445
663663 cannabis, medical cannabis and cannabis delivery devices issued 446
664664 pursuant to former s. 381.986, Florida Statutes 2016, which was 447
665665 entered into the medical marijuana use registry before July 1, 448
666666 2017. 449
667667 b. May not dispense more than a 70 -day supply of marijuana 450
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676676 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
677677
678678
679679
680680 within any 70-day period to a qualified patient or caregiver. 451
681681 May not dispense more than one 35 -day supply of marijuana in a 452
682682 form for smoking within any 35 -day period to a qualified patient 453
683683 or caregiver. A 35-day supply of marijuana in a form for smoking 454
684684 may not exceed 2.5 ounces unless an exception to this amount is 455
685685 approved by the department pursuant to paragraph (4)(f). 456
686686 c. Must have the medical marijuana treatment center's 457
687687 employee who dispenses the marijuana or a marijuana delivery 458
688688 device enter into the medical marijuana use registry his or her 459
689689 name or unique employee identifier. 460
690690 d. Must verify that the qualified patient and the 461
691691 caregiver, if applicable, each have an active registration in 462
692692 the medical marijuana use registry and an active and valid 463
693693 medical marijuana use registry identification card, the amount 464
694694 and type of marijuana dispensed matches the physician 465
695695 certification in the medical marijuana use registry for that 466
696696 qualified patient, and the physician certification has not 467
697697 already been filled. 468
698698 e. May not dispense marijuana to a qualified patient who 469
699699 is younger than 18 years of age. If the qualified patient is 470
700700 younger than 18 years of age, marijuana may only be dispensed to 471
701701 the qualified patient's caregiver. 472
702702 f. May not dispense or sell any other type of cannabis, 473
703703 alcohol, or illicit drug -related product, including pipes or 474
704704 wrapping papers made with tobacco or hemp, other than a 475
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713713 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
714714
715715
716716
717717 marijuana delivery device required for the medical use of 476
718718 marijuana and which is specified in a physician certification. 477
719719 g. Must, upon dispensing the marijuana or marijuana 478
720720 delivery device, record in the registry the date, time, 479
721721 quantity, and form of marijuana dispensed; the type of marijuana 480
722722 delivery device dispensed; and the name and medical marijuana 481
723723 use registry identification number of the qualified patient or 482
724724 caregiver to whom the marijuana delivery device was dispensed. 483
725725 h. Must ensure that patient records are not visible to 484
726726 anyone other than the qualified patient, his or her caregiver, 485
727727 and authorized medical marijuana treatment center employees. 486
728728 (h) A medical marijuana treatment center may not engage in 487
729729 advertising that is visible to members of the public from any 488
730730 street, sidewalk, park, or other public place, except: 489
731731 1. The dispensing location of a medical marijuana 490
732732 treatment center may have a sign that is affixed to the outside 491
733733 or hanging in the window of the premises wh ich identifies the 492
734734 dispensary by the licensee's business name, a department -493
735735 approved trade name, or a department -approved logo. A medical 494
736736 marijuana treatment center's trade name and logo may not contain 495
737737 wording or images that are attractive to children commonly 496
738738 associated with marketing targeted toward children or which 497
739739 promote recreational use of marijuana. 498
740740 2. A medical marijuana treatment center may engage in 499
741741 Internet advertising and marketing under the following 500
742-ENROLLED
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750750 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
751751
752752
753753
754754 conditions: 501
755755 a. All advertisements must be approved by the department. 502
756756 b. An advertisement may not have any content that is 503
757757 attractive to children or which promotes the recreational use of 504
758758 marijuana specifically targets individuals under the age of 18, 505
759759 including cartoon characters or similar images. 506
760760 c. An advertisement may not be an unsolicited pop -up 507
761761 advertisement. 508
762762 d. Opt-in marketing must include an easy and permanent 509
763763 opt-out feature. 510
764764 (9) BACKGROUND SCREENING. —An individual required to 511
765765 undergo a background screening pursuant to this se ction must 512
766766 pass a level 2 background screening as provided under chapter 513
767767 435, which, in addition to the disqualifying offenses provided 514
768768 in s. 435.04, shall exclude an individual who has an arrest 515
769769 awaiting final disposition for, has been found guilty of, 516
770770 regardless of adjudication, or has entered a plea of nolo 517
771771 contendere or guilty to an offense under chapter 837, chapter 518
772772 895, or chapter 896 or similar law of another jurisdiction. 519
773773 Exemptions from disqualification as provided under s. 435.07 do 520
774774 not apply to this subsection. 521
775775 (a) Such individual must submit a full set of fingerprints 522
776776 to the department or to a vendor, entity, or agency authorized 523
777777 by s. 943.053(13). The department, vendor, entity, or agency 524
778778 shall forward the fingerprints to the Department of Law 525
779-ENROLLED
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787787 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
788788
789789
790790
791791 Enforcement for state processing, and the Department of Law 526
792792 Enforcement shall forward the fingerprints to the Federal Bureau 527
793793 of Investigation for national processing. 528
794794 (b) Fees for state and federal fingerprint processing and 529
795795 retention shall be borne by the medical marijuana treatment 530
796796 center or caregiver, as applicable individual. The state cost 531
797797 for fingerprint processing shall be as provided in s. 532
798798 943.053(3)(e) for records provided to persons or entities other 533
799799 than those specified as exceptions therein. 534
800800 (c) Fingerprints submitted to the Department of Law 535
801801 Enforcement pursuant to this subsection shall be retained by the 536
802802 Department of Law Enforcement as provided in s. 943.05(2)(g) and 537
803803 (h) and, when the Department of Law Enforcement begins 538
804804 participation in the program, enrolled in the Federal Bureau of 539
805805 Investigation's national retained print arrest notification 540
806806 program. Any arrest record identified shall be reported to the 541
807807 department. 542
808808 Section 3. Paragraph (d) of subsection (1) of section 543
809809 381.988, Florida Statutes, is amended to read: 544
810810 381.988 Medical marijuana testing laboratories; marijuana 545
811811 tests conducted by a certified laboratory. — 546
812812 (1) A person or entity seeking to be a certified marijuana 547
813813 testing laboratory must: 548
814814 (d) Require all employees, owners, and managers to submit 549
815815 to and pass a level 2 background screening pursuant to chapter 550
816-ENROLLED
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824824 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
825825
826826
827827
828828 435. The department s. 435.04 and shall deny certification if 551
829829 the person or entity seeking certification has a disqualifying 552
830830 offense as provided in s. 435.04 or has an arrest awaiting final 553
831831 disposition for, has been found guilty of, or has entered a plea 554
832832 of guilty or nolo contendere to, regardless of adjudication, any 555
833833 offense listed in chapter 837, chapter 895, or chapter 896 or 556
834834 similar law of another jurisdiction. Exemptions from 557
835835 disqualification as provided under s. 435.07 do not apply to 558
836836 this paragraph. 559
837837 1. Such employees, owners, and managers must submit a full 560
838838 set of fingerprints to the department or to a vendor, entity, or 561
839839 agency authorized by s. 943.053(13). The d epartment, vendor, 562
840840 entity, or agency shall forward the fingerprints to the 563
841841 Department of Law Enforcement for state processing, and the 564
842842 Department of Law Enforcement shall forward the fingerprints to 565
843843 the Federal Bureau of Investigation for national processi ng. 566
844844 2. Fees for state and federal fingerprint processing and 567
845845 retention shall be borne by the certified marijuana testing 568
846846 laboratory such owners or managers . The state cost for 569
847847 fingerprint processing shall be as provided in s. 943.053(3)(e) 570
848848 for records provided to persons or entities other than those 571
849849 specified as exceptions therein. 572
850850 3. Fingerprints submitted to the Department of Law 573
851851 Enforcement pursuant to this paragraph shall be retained by the 574
852852 Department of Law Enforcement as provided in s. 943.05(2)(g ) and 575
853-ENROLLED
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861861 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
862862
863863
864864
865865 (h) and, when the Department of Law Enforcement begins 576
866866 participation in the program, enrolled in the Federal Bureau of 577
867867 Investigation's national retained print arrest notification 578
868868 program. Any arrest record identified shall be reported to the 579
869869 department. 580
870870 Section 4. Section 382.005, Florida Statutes, is amended 581
871871 to read: 582
872872 382.005 Duties of local registrars. — 583
873873 (1) Each local registrar is charged with the strict and 584
874874 thorough enforcement of the provisions of this chapter and rules 585
875875 adopted hereunder in his or her registration district, and shall 586
876876 make an immediate report to the department of any violation or 587
877877 apparent violation of this law or rules adopted hereunder. 588
878878 (2) Each local registrar must electronically file all live 589
879879 birth, death, and fetal deat h records within their respective 590
880880 jurisdictions in the department's electronic registration 591
881881 system. If the department's electronic registration system is 592
882882 unavailable, the local registrar must file a paper record with 593
883883 the department. 594
884884 (3) Each local registrar must shall make available blank 595
885885 forms available if the department's electronic registration 596
886886 system is unavailable, as necessary and must shall examine each 597
887887 paper certificate of live birth, death, or fetal death when 598
888888 presented for registration in order to ascertain whether or not 599
889889 it has been completed in accordance with the provisions of this 600
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898898 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
899899
900900
901901
902902 chapter and adopted rules. All paper birth, death, and fetal 601
903903 death certificates must shall be typewritten in permanent black 602
904904 ink, and a paper certificate is not com plete and correct if it 603
905905 does not supply each item of information called for or 604
906906 satisfactorily account for its omission. 605
907907 (4)(3) The local registrar or his or her deputy, if 606
908908 authorized by the department, shall sign as registrar in 607
909909 attestation of the date o f registration of any paper records 608
910910 filed, and may also make and preserve a local paper record of 609
911911 each birth, death, and fetal death certificate registered by him 610
912912 or her, in such manner as directed by the department. The local 611
913913 registrar shall transmit dail y to the department all original 612
914914 paper certificates registered. If no births, deaths, or fetal 613
915915 deaths occurred in any month, the local registrar or deputy 614
916916 shall, on the 7th day of the following month, report that fact 615
917917 to the department on a form provided f or such purpose. 616
918918 (5)(4) Each local registrar, immediately upon appointment, 617
919919 shall designate one or more deputy registrars to act on behalf 618
920920 of the local registrar. 619
921921 Section 5. Subsection (2) of section 382.008, Florida 620
922922 Statutes, is amended to read: 621
923923 382.008 Death, fetal death, and nonviable birth 622
924924 registration.— 623
925925 (2)(a) The funeral director who first assumes custody of a 624
926926 dead body or fetus shall electronically file the certificate of 625
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935935 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
936936
937937
938938
939939 death or fetal death. In the absence of the funeral director, 626
940940 the physician, physician assistant, advanced practice registered 627
941941 nurse registered under s. 464.0123, or other person in 628
942942 attendance at or after the death or the district medical 629
943943 examiner of the county in which the death occurred or the body 630
944944 was found shall electronically file the certificate of death or 631
945945 fetal death. The person who files the certificate shall obtain 632
946946 personal data from a legally authorized person as described in 633
947947 s. 497.005 or the best qualified person or source available. The 634
948948 medical certification of cause of death must shall be furnished 635
949949 to the funeral director, either in person or via certified mail 636
950950 or electronic transfer, by the physician, physician assistant, 637
951951 advanced practice registered nurse registered under s. 464.0123, 638
952952 or medical examiner re sponsible for furnishing such information. 639
953953 For fetal deaths, the physician, physician assistant, advanced 640
954954 practice registered nurse registered under s. 464.0123, midwife, 641
955955 or hospital administrator shall provide any medical or health 642
956956 information to the fune ral director within 72 hours after 643
957957 expulsion or extraction. 644
958958 (b) The State Registrar shall may receive electronically a 645
959959 certificate of death, fetal death, or nonviable birth which is 646
960960 required to be filed with the registrar under this chapter 647
961961 through facsimile or other electronic transfer for the purpose 648
962962 of filing the certificate. The receipt of a certificate of 649
963963 death, fetal death, or nonviable birth by electronic transfer 650
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972972 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
973973
974974
975975
976976 constitutes delivery to the State Registrar as required by law. 651
977977 Section 6. Subsection (2) of section 382.009, Florida 652
978978 Statutes, is amended to read: 653
979979 382.009 Recognition of brain death under certain 654
980980 circumstances.— 655
981981 (2) Determination of death pursuant to this section must 656
982982 shall be made in accordance with currently accepted reasonable 657
983983 medical standards. 658
984984 (a) If the patient′s treating health care practitioner is 659
985985 a physician licensed under chapter 458 or chapter 459, the 660
986986 determination must be made by that physician and a second 661
987987 physician two physicians licensed under chapter 458 or chapter 662
988988 459 who is. One physician shall be the treating physician, and 663
989989 the other physician shall be a board-eligible or board-certified 664
990-neurologist, neurosurgeon, internist, family medicine physician, 665
991-pediatrician, surgeon, or anesthesiologist. 666
990+neurologist, neurosurgeon, internist, pediatrician, surgeon, or 665
991+anesthesiologist. 666
992992 (b) If the patient′s treating health care practitioner is 667
993993 an autonomous advanced practice registered nurse registered 668
994994 under s. 464.0123, the determination must be made by that 669
995995 practitioner and two physicians licensed under chapter 458 or 670
996996 chapter 459. Each physician must be a board -eligible or board-671
997-certified neurologist, neurosurgeon, internist, family medicine 672
998-physician, pediatrician, surgeon, or anesthesiologist. 673
997+certified neurologist, neurosurgeon, internist, pediatrician, 672
998+surgeon, or anesthesiologist. 673
999999 Section 7. Section 382.013, Florida Statutes, is amended 674
10001000 to read: 675
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10091009 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
10101010
10111011
10121012
10131013 382.013 Birth registration. —A certificate for each live 676
10141014 birth that occurs in this state shall be filed within 5 days 677
10151015 after such birth in the department's electronic registration 678
10161016 system with the local registrar of the district in which the 679
10171017 birth occurred and shall be registered by the lo cal registrar if 680
10181018 the certificate has been completed and filed in accordance with 681
10191019 this chapter and adopted rules. The information regarding 682
10201020 registered births shall be used for comparison with information 683
10211021 in the state case registry, as defined in chapter 61. 684
10221022 (1) FILING.— 685
10231023 (a) If a birth occurs in a hospital, birth center, or 686
10241024 other health care facility, or en route thereto, the person in 687
10251025 charge of the facility is shall be responsible for preparing the 688
10261026 certificate, certifying the facts of the birth, and fili ng the 689
10271027 certificate in the department's electronic registration system 690
10281028 with the local registrar. Within 48 hours after the birth, the 691
10291029 physician, midwife, or person in attendance during or 692
10301030 immediately after the delivery shall provide the facility with 693
10311031 the medical information required by the birth certificate. 694
10321032 (b) If a birth occurs outside a facility and a physician 695
10331033 licensed in this state, a certified nurse midwife, a midwife 696
10341034 licensed in this state, or a public health nurse employed by the 697
10351035 department was in attendance during or immediately after the 698
10361036 delivery, that person shall prepare and file the certificate. 699
10371037 (c) If a birth occurs outside a facility and the delivery 700
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10461046 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
10471047
10481048
10491049
10501050 is not attended by one of the persons described in paragraph 701
10511051 (b), the person in attendance, the mother, or the father shall 702
10521052 report the birth to the registrar and provide proof of the facts 703
10531053 of birth. The department may require such documents to be 704
10541054 presented and such proof to be filed as it deems necessary and 705
10551055 sufficient to establish the truth of the facts to be recorded by 706
10561056 the certificate and may withhold registering the birth until its 707
10571057 requirements are met. 708
10581058 (d) If a birth occurs in a moving conveyance and the child 709
10591059 is first removed from the conveyance in this state, the birth 710
10601060 shall be filed and registered in this state and the place to 711
10611061 which the child is first removed shall be considered the place 712
10621062 of birth. 713
10631063 (e) The mother or the father of the child shall attest to 714
10641064 the accuracy of the personal data entered on the certificate in 715
10651065 time to permit the timely registration of the certificate. 716
10661066 (f) If a certificate of live birth is incomplete, the 717
10671067 local registrar shall immediately notify the health care 718
10681068 facility or person filing the certificate and shall require the 719
10691069 completion of the missing items of i nformation if they can be 720
10701070 obtained before prior to issuing certified copies of the birth 721
10711071 certificate. 722
10721072 (g) Regardless of any plan to place a child for adoption 723
10731073 after birth, the information on the birth certificate as 724
10741074 required by this section must be as to the child's birth parents 725
1075-ENROLLED
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10831083 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
10841084
10851085
10861086
10871087 unless and until an application for a new birth record is made 726
10881088 under s. 63.152. 727
10891089 (h) The State Registrar may receive electronically a birth 728
10901090 certificate for each live birth which is required to be filed 729
10911091 with the registrar under t his chapter through facsimile or other 730
10921092 electronic transfer for the purpose of filing the birth 731
10931093 certificate. The receipt of a birth certificate by electronic 732
10941094 transfer constitutes delivery to the State Registrar as required 733
10951095 by law. 734
10961096 (2) PATERNITY.— 735
10971097 (a) If the mother is married at the time of birth, the 736
10981098 name of the husband shall be entered on the birth certificate as 737
10991099 the father of the child, unless paternity has been determined 738
11001100 otherwise by a court of competent jurisdiction. 739
11011101 (b) Notwithstanding paragraph (a), if the husband of the 740
11021102 mother dies while the mother is pregnant but before the birth of 741
11031103 the child, the name of the deceased husband shall be entered on 742
11041104 the birth certificate as the father of the child, unless 743
11051105 paternity has been determined otherwise by a court of competent 744
11061106 jurisdiction. 745
11071107 (c) If the mother is not married at the time of the birth, 746
11081108 the name of the father may not be entered on the birth 747
11091109 certificate without the execution of an affidavit signed by both 748
11101110 the mother and the person to be named as the father. The 749
11111111 facility shall give notice orally or through the use of video or 750
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11201120 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
11211121
11221122
11231123
11241124 audio equipment, and in writing, of the alternatives to, the 751
11251125 legal consequences of, and the rights, including, if one parent 752
11261126 is a minor, any rights afforded due to minority s tatus, and 753
11271127 responsibilities that arise from signing an acknowledgment of 754
11281128 paternity, as well as information provided by the Title IV -D 755
11291129 agency established pursuant to s. 409.2557, regarding the 756
11301130 benefits of voluntary establishment of paternity. Upon request 757
11311131 of the mother and the person to be named as the father, the 758
11321132 facility shall assist in the execution of the affidavit, a 759
11331133 notarized voluntary acknowledgment of paternity, or a voluntary 760
11341134 acknowledgment of paternity that is witnessed by two individuals 761
11351135 and signed under penalty of perjury as specified by s. 762
11361136 92.525(2). 763
11371137 (d) If the paternity of the child is determined by a court 764
11381138 of competent jurisdiction as provided under s. 382.015 or there 765
11391139 is a final judgment of dissolution of marriage which requires 766
11401140 the former husband to pay child support for the child, the name 767
11411141 of the father and the surname of the child shall be entered on 768
11421142 the certificate in accordance with the finding and order of the 769
11431143 court. If the court fails to specify a surname for the child, 770
11441144 the surname shall be entered in accordance with subsection (3). 771
11451145 (e) If the paternity of the child is determined pursuant 772
11461146 to s. 409.256, the name of the father and the surname of the 773
11471147 child shall be entered on the certificate in accordance with the 774
11481148 finding and order of t he Department of Revenue. 775
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11571157 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
11581158
11591159
11601160
11611161 (f) If the mother and father marry each other at any time 776
11621162 after the child's birth, upon receipt of a marriage license that 777
11631163 identifies any such child, the department shall amend the 778
11641164 certificate with regard to the parents' marital status as though 779
11651165 the parents were married at the time of birth. 780
11661166 (g) If the father is not named on the certificate, no 781
11671167 other information about the father shall be entered on the 782
11681168 certificate. 783
11691169 (3) NAME OF CHILD.— 784
11701170 (a) If the mother is married at the time of birth, the 785
11711171 mother and father whose names are entered on the birth 786
11721172 certificate shall select the given names and surname of the 787
11731173 child if both parents have custody of the child, otherwise the 788
11741174 parent who has custody shall select the child's name. 789
11751175 (b) If the mother and father whose names are entered on 790
11761176 the birth certificate disagree on the surname of the child and 791
11771177 both parents have custody of the child, the surname selected by 792
11781178 the father and the surname selected by the mother shall both be 793
11791179 entered on the birth certificate, separated by a hyphen, with 794
11801180 the selected names entered in alphabetical order. If the parents 795
11811181 disagree on the selection of a given name, the given name may 796
11821182 not be entered on the certificate until a joint agreement that 797
11831183 lists the agreed upon given name and is notarized by both 798
11841184 parents is submitted to the department, or until a given name is 799
11851185 selected by a court. 800
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11941194 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
11951195
11961196
11971197
11981198 (c) If the mother is not married at the time of birth, the 801
11991199 parent who will have custody of the child shall select the 802
12001200 child's given name and surname. 803
12011201 (d) If multiple names of the child exceed the space 804
12021202 provided on the face of the birth certificate they shall be 805
12031203 listed on the back of the certificate. Names listed on the back 806
12041204 of the certificate shall be part of the official recor d. 807
12051205 (4) UNDETERMINED PARENTAGE. —The person having custody of a 808
12061206 child of undetermined parentage shall register a birth 809
12071207 certificate showing all known or approximate facts relating to 810
12081208 the birth. To assist in later determination, information 811
12091209 concerning the place and circumstances under which the child was 812
12101210 found shall be included on the portion of the birth certificate 813
12111211 relating to marital status and medical details. In the event the 814
12121212 child is later identified, a new birth certificate shall be 815
12131213 prepared which shall bear the same number as the original birth 816
12141214 certificate, and the original certificate shall be sealed and 817
12151215 filed, shall be confidential and exempt from the provisions of 818
12161216 s. 119.07(1), and shall not be opened to inspection by, nor 819
12171217 shall certified copies of the same be issued except by court 820
12181218 order to, any person other than the registrant if of legal age. 821
12191219 (5) DISCLOSURE.—The original certificate of live birth 822
12201220 shall contain all the information required by the department for 823
12211221 legal, social, and health research purposes. However, all 824
12221222 information concerning parentage, marital status, and medical 825
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12311231 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
12321232
12331233
12341234
12351235 details shall be confidential and exempt from the provisions of 826
12361236 s. 119.07(1), except for health research purposes as approved by 827
12371237 the department, nor shall copies of the sa me be issued except as 828
12381238 provided in s. 382.025. 829
12391239 Section 8. Section 382.015, Florida Statutes, is amended 830
12401240 to read: 831
12411241 382.015 New certificates of live birth; duty of clerks of 832
12421242 court and department. —The clerk of the court in which any 833
12431243 proceeding for adopti on, annulment of an adoption, affirmation 834
12441244 of parental status, or determination of paternity is to be 835
12451245 registered, shall within 30 days after the final disposition, 836
12461246 forward electronically to the department a certified copy of the 837
12471247 court order, or a report of the proceedings upon a form to be 838
12481248 furnished by the department, together with sufficient 839
12491249 information to identify the original birth certificate and to 840
12501250 enable the preparation of a new birth certificate. The clerk of 841
12511251 the court shall implement a monitoring and quality control plan 842
12521252 to ensure that all judicial determinations of paternity are 843
12531253 reported to the department in compliance with this section. The 844
12541254 department shall track paternity determinations reported monthly 845
12551255 by county, monitor compliance with the 30 -day timeframe, and 846
12561256 report the data to the clerks of the court quarterly. 847
12571257 (1) ADOPTION AND ANNULMENT OF ADOPTION. — 848
12581258 (a) Upon receipt of the report or certified copy of an 849
12591259 adoption decree, together with the information necessary to 850
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12681268 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
12691269
12701270
12711271
12721272 identify the original cert ificate of live birth, and establish a 851
12731273 new certificate, the department shall prepare and file a new 852
12741274 birth certificate, absent objection by the court decreeing the 853
12751275 adoption, the adoptive parents, or the adoptee if of legal age. 854
12761276 The certificate shall bear th e same file number as the original 855
12771277 birth certificate. All names and identifying information 856
12781278 relating to the adoptive parents entered on the new certificate 857
12791279 shall refer to the adoptive parents, but nothing in the 858
12801280 certificate shall refer to or designate the parents as being 859
12811281 adoptive. All other items not affected by adoption shall be 860
12821282 copied as on the original certificate, including the date of 861
12831283 registration and filing. 862
12841284 (b) Upon receipt of the report or certified copy of an 863
12851285 annulment-of-adoption decree, togeth er with the sufficient 864
12861286 information to identify the original certificate of live birth, 865
12871287 the department shall, if a new certificate of birth was filed 866
12881288 following an adoption report or decree, remove the new 867
12891289 certificate and restore the original certificate to its original 868
12901290 place in the files, and the certificate so removed shall be 869
12911291 sealed by the department. 870
12921292 (c) Upon receipt of a report or certified copy of an 871
12931293 adoption decree or annulment -of-adoption decree for a person 872
12941294 born in another state, the department sha ll forward the report 873
12951295 or decree to the state of the registrant's birth. If the adoptee 874
12961296 was born in Canada, the department shall send a copy of the 875
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13051305 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
13061306
13071307
13081308
13091309 report or decree to the appropriate birth registration authority 876
13101310 in Canada. 877
13111311 (2) DETERMINATION OF PATERNITY. —Upon receipt of the 878
13121312 report, a certified copy of a final decree of determination of 879
13131313 paternity, or a certified copy of a final judgment of 880
13141314 dissolution of marriage which requires the former husband to pay 881
13151315 child support for the child, together with sufficient 882
13161316 information to identify the original certificate of live birth, 883
13171317 the department shall prepare and file a new birth certificate, 884
13181318 which shall bear the same file number as the original birth 885
13191319 certificate. The registrant's name shall be entered as decreed 886
13201320 by the court or as reflected in the final judgment or support 887
13211321 order. The names and identifying information of the parents 888
13221322 shall be entered as of the date of the registrant's birth. 889
13231323 (3) AFFIRMATION OF PARENTAL STATUS. —Upon receipt of an 890
13241324 order of affirmation of parental status issued pursuant to s. 891
13251325 742.16, together with sufficient information to identify the 892
13261326 original certificate of live birth, the department shall prepare 893
13271327 and file a new birth certificate which shall bear the same file 894
13281328 number as the original birt h certificate. The names and 895
13291329 identifying information of the registrant's parents entered on 896
13301330 the new certificate shall be the commissioning couple, but the 897
13311331 new certificate may not make reference to or designate the 898
13321332 parents as the commissioning couple. 899
13331333 (4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR 900
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13421342 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
13431343
13441344
13451345
13461346 ORIGINAL.—When a new certificate of birth is prepared, the 901
13471347 department shall substitute the new certificate of birth for the 902
13481348 original certificate on file. All copies of the original 903
13491349 certificate of live birth in the custody of a local registrar or 904
13501350 other state custodian of vital records shall be forwarded to the 905
13511351 State Registrar. Thereafter, when a certified copy of the 906
13521352 certificate of birth or portion thereof is issued, it shall be a 907
13531353 copy of the new certificate of b irth or portion thereof, except 908
13541354 when a court order requires issuance of a certified copy of the 909
13551355 original certificate of birth. In an adoption, change in 910
13561356 paternity, affirmation of parental status, undetermined 911
13571357 parentage, or court-ordered substitution, the d epartment shall 912
13581358 place the original certificate of birth and all papers 913
13591359 pertaining thereto under seal, not to be broken except by order 914
13601360 of a court of competent jurisdiction or as otherwise provided by 915
13611361 law. 916
13621362 (5) FORM.—Except for certificates of foreign birt h which 917
13631363 are registered as provided in s. 382.017, and delayed 918
13641364 certificates of birth which are registered as provided in ss. 919
13651365 382.019 and 382.0195, all original, new, or amended certificates 920
13661366 of live birth shall be identical in form, regardless of the 921
13671367 marital status of the parents or the fact that the registrant is 922
13681368 adopted or of undetermined parentage. 923
13691369 (6) RULES.—The department shall adopt and enforce all 924
13701370 rules necessary for carrying out the provisions of this section. 925
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13791379 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
13801380
13811381
13821382
13831383 Section 9. Section 382.021, Florida Statutes, is amended 926
13841384 to read: 927
13851385 382.021 Department to receive marriage licenses. —On or 928
13861386 before the 5th day of each month, 929
13871387 (1) The county court judge or clerk of the circuit court 930
13881388 shall electronically transmit all original marriage licenses, 931
13891389 with endorsements, received during the preceding calendar month, 932
13901390 to the department on one of the following reporting schedules: 933
13911391 (a) Weekly, on or before each Friday, all original 934
13921392 marriage licenses, with endorsements, received during the 935
13931393 preceding calendar week. 936
13941394 (b) Monthly, on or before the 5th day of each month, all 937
13951395 original marriage licenses, with endorsements, received during 938
13961396 the preceding calendar month . 939
13971397 (2) Any marriage licenses issued and not returned or any 940
13981398 marriage licenses returned but not recorded must shall be 941
13991399 reported by the issuing county court judge or clerk of the 942
14001400 circuit court to the department at the time of transmitting the 943
14011401 recorded licenses on the forms to be prescribed and furnished by 944
14021402 the department. If, during any reporting schedule, the count y 945
14031403 court judge or clerk of the circuit court does not issue or does 946
14041404 not receive a returned marriage license month no marriage 947
14051405 licenses are issued or returned , the county court judge or clerk 948
14061406 of the circuit court must shall report such fact to the 949
14071407 department upon forms prescribed and furnished by the department 950
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14161416 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
14171417
14181418
14191419
14201420 in accordance with the selected reporting schedule . 951
14211421 Section 10. Section 382.023, Florida Statutes, is amended 952
14221422 to read: 953
14231423 382.023 Department to receive dissolution -of-marriage 954
14241424 records; fees.— 955
14251425 (1) Clerks of the circuit courts shall collect for their 956
14261426 services at the time of the filing of a final judgment of 957
14271427 dissolution of marriage a fee of up to $10.50, of which 43 958
14281428 percent shall be retained by the clerk of the circuit court as a 959
14291429 part of the cost in the cause in which the judgment is granted. 960
14301430 The remaining 57 percent shall be remitted to the Department of 961
14311431 Revenue for deposit to the Department of Health to defray part 962
14321432 of the cost of maintaining the dissolution -of-marriage records. 963
14331433 (2) The clerk of the circuit court shall electronically 964
14341434 transmit to the department a record of each and every judgment 965
14351435 of dissolution of marriage granted by the court , including the 966
14361436 names of the parties and such other data as required by forms 967
14371437 prescribed by the department, on one of the following reporting 968
14381438 schedules: 969
14391439 (a) Weekly, on or before each Friday, all final judgments 970
14401440 of dissolution of marriage granted during the preceding calendar 971
14411441 week, along with an accounting of the funds remitted to the 972
14421442 Department of Revenue purs uant to this section. 973
14431443 (b) Monthly, on or before the 10th day of each month, all 974
14441444 final judgments of dissolution of marriage granted during the 975
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14531453 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
14541454
14551455
14561456
14571457 preceding calendar month, giving names of parties and such other 976
14581458 data as required by forms prescribed by the dep artment, shall be 977
14591459 transmitted to the department, on or before the 10th day of each 978
14601460 month, along with an accounting of the funds remitted to the 979
14611461 Department of Revenue pursuant to this section. 980
14621462 (3) If, during any reporting schedule, there are no final 981
14631463 judgments of dissolution of marriage granted, the clerk of the 982
14641464 circuit court must report such fact to the department upon forms 983
14651465 prescribed and furnished by the department in accordance with 984
14661466 the selected reporting schedule. 985
14671467 Section 11. Subsections (1) and (4) of section 382.025, 986
14681468 Florida Statutes, are amended to read: 987
14691469 382.025 Certified copies of vital records; 988
14701470 confidentiality; research. — 989
14711471 (1) BIRTH RECORDS.—Except for birth records over 125 100 990
14721472 years old which are not under seal pursuant to court orde r, all 991
14731473 birth records of this state shall be confidential and are exempt 992
14741474 from the provisions of s. 119.07(1). 993
14751475 (a) Certified copies of the original birth certificate or 994
14761476 a new or amended certificate, or affidavits thereof, are 995
14771477 confidential and exempt from t he provisions of s. 119.07(1) and, 996
14781478 upon receipt of a request and payment of the fee prescribed in 997
14791479 s. 382.0255, shall be issued only as authorized by the 998
14801480 department and in the form prescribed by the department, and 999
14811481 only: 1000
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14901490 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
14911491
14921492
14931493
14941494 1. To the registrant, if the regis trant is of legal age, 1001
14951495 is a certified homeless youth, or is a minor who has had the 1002
14961496 disabilities of nonage removed under s. 743.01 or s. 743.015; 1003
14971497 2. To the registrant's parent or guardian or other legal 1004
14981498 representative; 1005
14991499 3. Upon receipt of the registrant 's death certificate, to 1006
15001500 the registrant's spouse or to the registrant's child, 1007
15011501 grandchild, or sibling, if of legal age, or to the legal 1008
15021502 representative of any of such person persons; 1009
15031503 4. To any person if the birth record is more than 125 over 1010
15041504 100 years old and not under seal pursuant to court order; 1011
15051505 5. To a law enforcement agency for official purposes; 1012
15061506 6. To any agency of the state or the United States for 1013
15071507 official purposes upon approval of the department; or 1014
15081508 7. Upon order of any court of competent ju risdiction. 1015
15091509 (b) To protect the integrity of vital records and prevent 1016
15101510 the fraudulent use of the birth certificates of deceased 1017
15111511 persons, the department shall match birth and death certificates 1018
15121512 and post the fact of death to the appropriate birth certificat e. 1019
15131513 Except for a commemorative birth certificate, any certification 1020
15141514 of a birth certificate of a deceased registrant shall be marked 1021
15151515 "deceased." In the case of a commemorative birth certificate, 1022
15161516 such indication of death shall be made on the back of the 1023
15171517 certificate. 1024
15181518 (c) The department shall issue, upon request and upon 1025
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15271527 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
15281528
15291529
15301530
15311531 payment of an additional fee as prescribed under s. 382.0255, a 1026
15321532 commemorative birth certificate representing that the birth of 1027
15331533 the person named thereon is recorded in the office of the 1028
15341534 registrar. The certificate issued under this paragraph shall be 1029
15351535 in a form consistent with the need to protect the integrity of 1030
15361536 vital records but shall be suitable for display. It may bear the 1031
15371537 seal of the state printed thereon and may be signed by the 1032
15381538 Governor. 1033
15391539 (4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES. —Only the 1034
15401540 state registrar, and local registrars, and those persons 1035
15411541 appointed by the department are authorized to issue any 1036
15421542 certificate which purports to be a certified copy of an original 1037
15431543 certificate of live bi rth, death, or fetal death. Except as 1038
15441544 provided in this section, preparing or issuing certificates is 1039
15451545 exempt from the provisions of s. 119.07(1). 1040
15461546 Section 12. Subsections (3), (4), and (5) of section 1041
15471547 401.27, Florida Statutes, are amended to read: 1042
15481548 401.27 Personnel; standards and certification. — 1043
15491549 (3) Any person who desires to be certified or recertified 1044
15501550 as an emergency medical technician or paramedic must apply to 1045
15511551 the department under oath on forms provided by the department 1046
15521552 which shall contain such info rmation as the department 1047
15531553 reasonably requires, which may include affirmative evidence of 1048
15541554 ability to comply with applicable laws and rules. The department 1049
15551555 shall determine whether the applicant meets the requirements 1050
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15641564 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
15651565
15661566
15671567
15681568 specified in this section and in rules of the department and 1051
15691569 shall issue a certificate to any person who meets such 1052
15701570 requirements. 1053
15711571 (4) An applicant for certification or recertification as 1054
15721572 an emergency medical technician or paramedic must: 1055
15731573 (a) Have completed an appropriate training program as 1056
15741574 follows: 1057
15751575 1. For an emergency medical technician, an emergency 1058
15761576 medical technician training program approved by the department 1059
15771577 as equivalent to the most recent EMT -Basic National Standard 1060
15781578 Curriculum or the National EMS Education Standards of the United 1061
15791579 States Department of Transportation; 1062
15801580 2. For a paramedic, a paramedic training program approved 1063
15811581 by the department as equivalent to the most recent EMT -Paramedic 1064
15821582 National Standard Curriculum or the National EMS Education 1065
15831583 Standards of the United States Departme nt of Transportation; 1066
15841584 (b) Attest Certify under oath that he or she is not 1067
15851585 addicted to alcohol or any controlled substance; 1068
15861586 (c) Attest Certify under oath that he or she is free from 1069
15871587 any physical or mental defect or disease that might impair the 1070
15881588 applicant's ability to perform his or her duties; 1071
15891589 (d) Within 2 years after program completion have passed an 1072
15901590 examination developed or required by the department; 1073
15911591 (e)1. For an emergency medical technician, hold a current 1074
15921592 American Heart Association cardiopulmona ry resuscitation course 1075
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16011601 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
16021602
16031603
16041604
16051605 card or an American Red Cross cardiopulmonary resuscitation 1076
16061606 course card or its equivalent as defined by department rule; 1077
16071607 2. For a paramedic, hold a certificate of successful 1078
16081608 course completion in advanced cardiac life support from the 1079
16091609 American Heart Association or its equivalent as defined by 1080
16101610 department rule; 1081
16111611 (f) Submit the certification fee and the nonrefundable 1082
16121612 examination fee prescribed in s. 401.34, which examination fee 1083
16131613 will be required for each examination administered to an 1084
16141614 applicant; and 1085
16151615 (g) Submit a completed application to the department, 1086
16161616 which application documents compliance with paragraphs (a), (b), 1087
16171617 (c), (e), (f), and this paragraph, and, if applicable, paragraph 1088
16181618 (d). The application must be submitted so as to be rec eived by 1089
16191619 the department at least 30 calendar days before the next 1090
16201620 regularly scheduled examination for which the applicant desires 1091
16211621 to be scheduled. 1092
16221622 (5) The certification examination must be offered monthly. 1093
16231623 The department shall issue an examination admission notice to 1094
16241624 the applicant advising him or her of the time and place of the 1095
16251625 examination for which he or she is scheduled. Individuals 1096
16261626 achieving a passing score on the certification examination may 1097
16271627 be issued a temporary certificate with their examina tion grade 1098
16281628 report. The department must issue an original certification 1099
16291629 within 45 days after the examination. Examination questions and 1100
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16381638 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
16391639
16401640
16411641
16421642 answers are not subject to discovery but may be introduced into 1101
16431643 evidence and considered only in camera in any administrat ive 1102
16441644 proceeding under chapter 120. If an administrative hearing is 1103
16451645 held, the department shall provide challenged examination 1104
16461646 questions and answers to the administrative law judge. The 1105
16471647 department shall establish by rule the procedure by which an 1106
16481648 applicant, and the applicant's attorney, may review examination 1107
16491649 questions and answers in accordance with s. 119.071(1)(a). 1108
16501650 Section 13. Paragraph (a) of subsection (1) of section 1109
16511651 401.2701, Florida Statutes, is amended to read: 1110
16521652 401.2701 Emergency medical services training programs.— 1111
16531653 (1) Any private or public institution in Florida desiring 1112
16541654 to conduct an approved program for the education of emergency 1113
16551655 medical technicians and paramedics shall: 1114
16561656 (a) Submit a completed application on a form provided by 1115
16571657 the department, which must include: 1116
16581658 1. Evidence that the institution is in compliance with all 1117
16591659 applicable requirements of the Department of Education. 1118
16601660 2. Evidence of an affiliation agreement with a hospital 1119
16611661 that has an emergency department staffed by at least one 1120
16621662 physician and one registered nurse. 1121
16631663 3. Evidence of an affiliation agreement with a current 1122
16641664 emergency medical services provider that is licensed in this 1123
16651665 state. Such agreement shall include, at a minimum, a commitment 1124
16661666 by the provider to conduct the field ex perience portion of the 1125
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16751675 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
16761676
16771677
16781678
16791679 education program. An applicant licensed as an advanced life 1126
16801680 support service under s. 401.25 with permitted transport 1127
16811681 vehicles pursuant to s. 401.26 is exempt from the requirements 1128
16821682 of this subparagraph and need not submit evidence o f an 1129
16831683 affiliation agreement with a current emergency medical services 1130
16841684 provider. 1131
16851685 4. Documentation verifying faculty, including: 1132
16861686 a. A medical director who is a licensed physician meeting 1133
16871687 the applicable requirements for emergency medical services 1134
16881688 medical directors as outlined in this chapter and rules of the 1135
16891689 department. The medical director shall have the duty and 1136
16901690 responsibility of certifying that graduates have successfully 1137
16911691 completed all phases of the education program and are proficient 1138
16921692 in basic or advanced life support techniques, as applicable. 1139
16931693 b. A program director responsible for the operation, 1140
16941694 organization, periodic review, administration, development, and 1141
16951695 approval of the program. 1142
16961696 5. Documentation verifying that the curriculum: 1143
16971697 a. Meets the most recent Emergency Medical Technician -1144
16981698 Basic National Standard Curriculum or the National EMS Education 1145
16991699 Standards approved by the department for emergency medical 1146
17001700 technician programs and Emergency Medical Technician -Paramedic 1147
17011701 National Standard Curriculum or the National EMS Education 1148
17021702 Standards approved by the department for paramedic programs. 1149
17031703 b. Includes 2 hours of instruction on the trauma scorecard 1150
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17121712 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
17131713
17141714
17151715
17161716 methodologies for assessment of adult trauma patients and 1151
17171717 pediatric trauma patients as specified by the dep artment by 1152
17181718 rule. 1153
17191719 6. Evidence of sufficient medical and educational 1154
17201720 equipment to meet emergency medical services training program 1155
17211721 needs. 1156
17221722 Section 14. Section 401.272, Florida Statutes, is amended 1157
17231723 to read: 1158
17241724 401.272 Emergency medical services community health care.— 1159
17251725 (1) The purpose of this section is to encourage more 1160
17261726 effective utilization of the skills of emergency medical 1161
17271727 technicians and paramedics by enabling them to perform , in 1162
17281728 partnership with local county health departments, specific 1163
17291729 additional health care tasks that are consistent with the public 1164
17301730 health and welfare. 1165
17311731 (2) Notwithstanding any other provision of law to the 1166
17321732 contrary: 1167
17331733 (a) Paramedics or emergency medical technicians shall 1168
17341734 operate under the medical direction of a physician through tw o-1169
17351735 way voice communication or pursuant to established standing 1170
17361736 orders or protocols and within the scope of their training when 1171
17371737 providing basic life support, advanced life support, and may 1172
17381738 perform health promotion and wellness activities and blood 1173
17391739 pressure screenings in a nonemergency environment , within the 1174
17401740 scope of their training, and under the direction of a medical 1175
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17491749 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
17501750
17511751
17521752
17531753 director. As used in this paragraph, the term "health promotion 1176
17541754 and wellness" means the provision of public health programs 1177
17551755 pertaining to the prevention of illness and injury. 1178
17561756 (b) Paramedics and emergency medical technicians shall 1179
17571757 operate under the medical direction of a physician through two -1180
17581758 way communication or pursuant to established standing orders or 1181
17591759 protocols and within the scope of thei r training when a patient 1182
17601760 is not transported to an emergency department or is transported 1183
17611761 to a facility other than a hospital as defined in s. 1184
17621762 395.002(12). 1185
17631763 (c) Paramedics may administer immunizations in a 1186
17641764 nonemergency environment, within the scope of the ir training, 1187
17651765 and under the medical direction of a physician through two -way 1188
17661766 communication or pursuant to established standing orders or 1189
17671767 protocols medical director. There must be a written agreement 1190
17681768 between the physician providing medical direction paramedic's 1191
17691769 medical director and the department or the county health 1192
17701770 department located in each county in which the paramedic 1193
17711771 administers immunizations. This agreement must establish the 1194
17721772 protocols, policies, and procedures under which the paramedic 1195
17731773 must operate. 1196
17741774 (d)(c) Paramedics may provide basic life support services 1197
17751775 and advanced life support services to patients receiving acute 1198
17761776 and postacute hospital care at home as specified in the 1199
17771777 paramedic's supervisory relationship with a physician or 1200
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17861786 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
17871787
17881788
17891789
17901790 standing orders as de scribed in s. 401.265, s. 458.348, or s. 1201
17911791 459.025. A physician who supervises or provides medical 1202
17921792 direction to a paramedic who provides basic life support 1203
17931793 services or advanced life support services to patients receiving 1204
17941794 acute and postacute hospital care at home pursuant to a formal 1205
17951795 supervisory relationship or standing orders is liable for any 1206
17961796 act or omission of the paramedic acting under the physician's 1207
17971797 supervision or medical direction when providing such services. 1208
17981798 The department may adopt and enforce rules necessary to 1209
17991799 implement this paragraph. 1210
18001800 (3) Each physician providing medical direction to medical 1211
18011801 director under whose direction a paramedic who administers 1212
18021802 immunizations must verify and document that the paramedic has 1213
18031803 received sufficient training and exp erience to administer 1214
18041804 immunizations. The verification must be documented on forms 1215
18051805 developed by the department, and the completed forms must be 1216
18061806 maintained at the service location of the licensee and made 1217
18071807 available to the department upon request. 1218
18081808 (4) The department may adopt and enforce all rules 1219
18091809 necessary to enforce the provisions relating to a paramedic's 1220
18101810 administration of immunizations and the performance of health 1221
18111811 promotion and wellness activities and blood pressure screenings 1222
18121812 by a paramedic or emergenc y medical technician in a nonemergency 1223
18131813 environment. 1224
18141814 Section 15. Subsections (5), (6), and (7) of section 1225
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18231823 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
18241824
18251825
18261826
18271827 401.34, Florida Statutes, are amended to read: 1226
18281828 401.34 Fees.— 1227
18291829 (5) The department may provide same -day grading of the 1228
18301830 examination for an applican t for emergency medical technician or 1229
18311831 paramedic certification. 1230
18321832 (6) The department may offer walk -in eligibility 1231
18331833 determination and examination to applicants for emergency 1232
18341834 medical technician or paramedic certification who pay to the 1233
18351835 department a nonrefunda ble fee to be set by the department not 1234
18361836 to exceed $65. The fee is in addition to the certification fee 1235
18371837 and examination fee. The department must establish locations and 1236
18381838 times for eligibility determination and examination. 1237
18391839 (7) The cost of emergency medical technician or paramedic 1238
18401840 certification examination review may not exceed $50. 1239
18411841 Section 16. Section 401.435, Florida Statutes, is amended 1240
18421842 to read: 1241
18431843 401.435 Emergency medical First responder agencies and 1242
18441844 training.— 1243
18451845 (1) The department must adopt by rule the United States 1244
18461846 Department of Transportation National Emergency Medical Services 1245
18471847 Education Standards for the Emergency Medical Services: First 1246
18481848 Responder level Training Course as the minimum standard for 1247
18491849 emergency medical first responder training. In add ition, the 1248
18501850 department must adopt rules establishing minimum emergency 1249
18511851 medical first responder instructor qualifications. For purposes 1250
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18601860 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
18611861
18621862
18631863
18641864 of this section, an emergency medical a first responder includes 1251
18651865 any individual who receives training to render initial ca re to 1252
18661866 an ill or injured person, other than an individual trained and 1253
18671867 certified pursuant to s. 943.1395(1), but who does not have the 1254
18681868 primary responsibility of treating and transporting ill or 1255
18691869 injured persons. 1256
18701870 (2) Each emergency medical first responder agency must 1257
18711871 take all reasonable efforts to enter into a memorandum of 1258
18721872 understanding with the emergency medical services licensee 1259
18731873 within whose territory the agency operates in order to 1260
18741874 coordinate emergency services at an emergency scene. The 1261
18751875 department must provide a model memorandum of understanding for 1262
18761876 this purpose. The memorandum of understanding should include 1263
18771877 dispatch protocols, the roles and responsibilities of emergency 1264
18781878 medical first responder personnel at an emergency scene, and the 1265
18791879 documentation required for patient care rendered. For purposes 1266
18801880 of this section, the term " emergency medical first responder 1267
18811881 agency" includes a law enforcement agency, a fire service agency 1268
18821882 not licensed under this part, a lifeguard agency, and a 1269
18831883 volunteer organization that re nders, as part of its routine 1270
18841884 functions, on-scene patient care before emergency medical 1271
18851885 technicians or paramedics arrive. 1272
18861886 Section 17. Paragraph (a) of subsection (1) of section 1273
18871887 464.203, Florida Statutes, is amended to read: 1274
18881888 464.203 Certified nursing assistants; certification 1275
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18971897 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
18981898
18991899
19001900
19011901 requirement.— 1276
19021902 (1) The board shall issue a certificate to practice as a 1277
19031903 certified nursing assistant to any person who demonstrates a 1278
19041904 minimum competency to read and write and successfully passes the 1279
19051905 required background screening p ursuant to s. 400.215. If the 1280
19061906 person has successfully passed the required background screening 1281
19071907 pursuant to s. 400.215 or s. 408.809 within 90 days before 1282
19081908 applying for a certificate to practice and the person's 1283
19091909 background screening results are not retained in the 1284
19101910 clearinghouse created under s. 435.12, the board shall waive the 1285
19111911 requirement that the applicant successfully pass an additional 1286
19121912 background screening pursuant to s. 400.215. The person must 1287
19131913 also meet one of the following requirements: 1288
19141914 (a) Has successfully completed an approved training 1289
19151915 program and achieved a minimum score, established by rule of the 1290
19161916 board, on the nursing assistant competency examination, which 1291
19171917 consists of a written portion and skills -demonstration portion 1292
19181918 approved by the board and a dministered at a site and by 1293
19191919 personnel approved by the department. Any person who has 1294
19201920 successfully completed an approved training program within 6 1295
19211921 months before filing an application for certification is not 1296
19221922 required to take the skills -demonstration portio n of the 1297
19231923 competency examination. 1298
19241924 Section 18. Section 468.1225, Florida Statutes, is amended 1299
19251925 to read: 1300
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19341934 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
19351935
19361936
19371937
19381938 468.1225 Procedures, equipment, and protocols. — 1301
19391939 (1) The following minimal procedures shall be used when a 1302
19401940 licensed audiologist fits and sells a prescription hearing aid: 1303
19411941 (a) Pure tone audiometric testing by air and bone to 1304
19421942 determine the type and degree of hearing deficiency when 1305
19431943 indicated. 1306
19441944 (b) Effective masking when indicated. 1307
19451945 (c) Appropriate testing to determine speech reception 1308
19461946 thresholds, speech discrimination scores, the most comfortable 1309
19471947 listening levels, uncomfortable loudness levels, and the 1310
19481948 selection of the best fitting arrangement for maximum hearing 1311
19491949 aid benefit when indicated. 1312
19501950 (2) The following equipment shall be used: 1313
19511951 (a) A wide range audiometer that which meets the 1314
19521952 specifications of the American National Standards Institute for 1315
19531953 diagnostic audiometers when indicated. 1316
19541954 (b) A speech audiometer or a master hearing aid in order 1317
19551955 to determine the most comfortable listening level and spee ch 1318
19561956 discrimination when indicated. 1319
19571957 (3) A final fitting ensuring physical and operational 1320
19581958 comfort of the prescription hearing aid shall be made when 1321
19591959 indicated. 1322
19601960 (4) A licensed audiologist who fits and sells prescription 1323
19611961 hearing aids shall obtain the follo wing medical clearance: If, 1324
19621962 upon inspection of the ear canal with an otoscope in the common 1325
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19711971 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
19721972
19731973
19741974
19751975 procedure of fitting a prescription hearing aid and upon 1326
19761976 interrogation of the client, there is any recent history of 1327
19771977 infection or any observable anomaly, the client shall be 1328
19781978 instructed to see a physician, and a prescription hearing aid 1329
19791979 may shall not be fitted until medical clearance is obtained for 1330
19801980 the condition noted. If, upon return, the condition noted is no 1331
19811981 longer observable and the client signs a medical waiver, a 1332
19821982 prescription hearing aid may be fitted. Any person with a 1333
19831983 significant difference between bone conduction hearing and air 1334
19841984 conduction hearing must be informed of the possibility of 1335
19851985 medical or surgical correction. 1336
19861986 (5)(a) A licensed audiologist's office must have 1337
19871987 available, or have access to, a selection of prescription 1338
19881988 hearing aid models, hearing aid supplies, and services complete 1339
19891989 enough to accommodate the various needs of the hearing aid 1340
19901990 wearers. 1341
19911991 (b) At the time of the initial examination for fitting and 1342
19921992 sale of a prescription hearing aid, the attending audiologist 1343
19931993 must notify the prospective purchaser of the benefits of 1344
19941994 telecoil, also known as "t" coil or "t" switch, technology, 1345
19951995 including increased access to te lephones and noninvasive access 1346
19961996 to assistive listening systems required under the Americans with 1347
19971997 Disabilities Act of 1990. 1348
19981998 (6) Unless otherwise indicated, each audiometric test 1349
19991999 conducted by a licensee or a certified audiology assistant in 1350
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20082008 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
20092009
20102010
20112011
20122012 the fitting and selling of prescription hearing aids must shall 1351
20132013 be made in a testing room that has been certified by the 1352
20142014 department, or by an agent approved by the department, not to 1353
20152015 exceed the following sound pressure levels at the specified 1354
20162016 frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1355
20172017 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, 1356
20182018 and 8000Hz-67dB. An exception to this requirement shall be made 1357
20192019 in the case of a client who, after being provided written notice 1358
20202020 of the benefits and advantag es of having the test conducted in a 1359
20212021 certified testing room, requests that the test be conducted in a 1360
20222022 place other than the licensee's certified testing room. Such 1361
20232023 request must shall be documented by a waiver that which includes 1362
20242024 the written notice and is si gned by the licensee and the client 1363
20252025 before prior to the testing. The waiver must shall be executed 1364
20262026 on a form provided by the department. The executed waiver must 1365
20272027 shall be attached to the client's copy of the contract, and a 1366
20282028 copy of the executed waiver must shall be retained in the 1367
20292029 licensee's file. 1368
20302030 (7) The board may shall have the power to prescribe the 1369
20312031 minimum procedures and equipment used in the conducting of 1370
20322032 hearing assessments and for the fitting and selling of 1371
20332033 prescription hearing aids. The board shal l adopt and enforce 1372
20342034 rules necessary to implement carry out the provisions of this 1373
20352035 subsection and subsection (6). 1374
20362036 (8) Any duly authorized officer or employee of the 1375
2037-ENROLLED
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20452045 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
20462046
20472047
20482048
20492049 department may shall have the right to make such inspections and 1376
20502050 investigations as are necessary in order to determine the state 1377
20512051 of compliance with the provisions of this section and the 1378
20522052 applicable rules and may enter the premises of a licensee and 1379
20532053 inspect the records of same upon reasonable belief that a 1380
20542054 violation of this law is being or has b een committed or that the 1381
20552055 licensee has failed or is failing to comply with the provisions 1382
20562056 of this part. 1383
20572057 Section 19. Section 468.1245, Florida Statutes, is amended 1384
20582058 to read: 1385
20592059 468.1245 Itemized listing of prices; delivery of 1386
20602060 prescription hearing aid; receipt; guarantee; packaging; 1387
20612061 disclaimer.— 1388
20622062 (1) Before Prior to delivery of services or products to a 1389
20632063 prospective purchaser, a licensee must shall disclose, upon 1390
20642064 request by the prospective purchaser, an itemized listing of 1391
20652065 prices, which must listing shall include separate price 1392
20662066 estimates for each service component and each product. Provision 1393
20672067 of such itemized listing of prices may shall not be predicated 1394
20682068 on the prospective purchaser's payment of any charge or 1395
20692069 agreement to purchase any service or product. 1396
20702070 (2) Any licensee who fits and sells a prescription hearing 1397
20712071 aid shall, at the time of delivery, provide the purchaser with a 1398
20722072 receipt containing the seller's signature, the address of his or 1399
20732073 her regular place of business, and his or her license or 1400
2074-ENROLLED
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20822082 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
20832083
20842084
20852085
20862086 certification number, if applicable, together with the brand, 1401
20872087 model, manufacturer or manufacturer's identification code, and 1402
20882088 serial number of the prescription hearing aid furnished and the 1403
20892089 amount charged for the prescription hearing aid. The receipt 1404
20902090 must also shall specify whether the prescription hearing aid is 1405
20912091 new, used, or rebuilt, and shall specify the length of time and 1406
20922092 other terms of the guarantee , and by whom the prescription 1407
20932093 hearing aid is guaranteed. When the client has requested an 1408
20942094 itemized list of prices, the receipt must shall also provide an 1409
20952095 itemization of the total purchase price, including, but not 1410
20962096 limited to, the cost of the aid, ear mold, batteries, and other 1411
20972097 accessories, and the cost of any services. Notice of the 1412
20982098 availability of this service must b e displayed in a conspicuous 1413
20992099 manner in the office. The receipt must also shall state that any 1414
21002100 complaint concerning the prescription hearing aid and its 1415
21012101 guarantee, if not reconciled with the licensee from whom the 1416
21022102 prescription hearing aid was purchased, sho uld be directed by 1417
21032103 the purchaser to the department. The address and telephone 1418
21042104 number of such office must shall be stated on the receipt. 1419
21052105 (3) A prescription No hearing aid may not be sold to any 1420
21062106 person unless both the packaging containing the prescription 1421
21072107 hearing aid and the contract provided pursuant to subsection (2) 1422
21082108 carry the following disclaimer in 10 -point or larger type: "A 1423
21092109 hearing aid will not restore normal hearing, nor will it prevent 1424
21102110 further hearing loss." 1425
2111-ENROLLED
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21192119 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
21202120
21212121
21222122
21232123 Section 20. Section 468.1246, Florid a Statutes, is amended 1426
21242124 to read: 1427
21252125 468.1246 Thirty-day trial period; purchaser's right to 1428
21262126 cancel; notice; refund; cancellation fee. — 1429
21272127 (1) A person selling a prescription hearing aid in this 1430
21282128 state must provide the buyer with written notice of a 30 -day 1431
21292129 trial period and money-back guarantee. The guarantee must permit 1432
21302130 the purchaser to cancel the purchase for a valid reason as 1433
21312131 defined by rule of the board within 30 days after receiving the 1434
21322132 prescription hearing aid, by returning the prescription hearing 1435
21332133 aid or mailing written notice of cancellation to the seller. If 1436
21342134 the prescription hearing aid must be repaired, remade, or 1437
21352135 adjusted during the 30 -day trial period, the running of the 30 -1438
21362136 day trial period is suspended 1 day for each 24 -hour period that 1439
21372137 the prescription hearing aid is not in the purchaser's 1440
21382138 possession. A repaired, remade, or adjusted prescription hearing 1441
21392139 aid must be claimed by the purchaser within 3 working days after 1442
21402140 notification of availability. The running of the 30 -day trial 1443
21412141 period resumes on the da y the purchaser reclaims a repaired, 1444
21422142 remade, or adjusted prescription hearing aid or on the 4th day 1445
21432143 after notification of availability. 1446
21442144 (2) The board, in consultation with the Board of Hearing 1447
21452145 Aid Specialists, shall prescribe by rule the terms and 1448
21462146 conditions to be contained in the money -back guarantee and any 1449
21472147 exceptions thereto. Such rule must shall provide, at a minimum, 1450
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21562156 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
21572157
21582158
21592159
21602160 that the charges for earmolds and service provided to fit the 1451
21612161 prescription hearing aid may be retained by the licensee. The 1452
21622162 rules must shall also set forth any reasonable charges to be 1453
21632163 held by the licensee as a cancellation fee. Such rule shall be 1454
21642164 effective on or before December 1, 1994. Should the board fail 1455
21652165 to adopt such rule, a licensee may not charge a cancellation fee 1456
21662166 which exceeds 5 percent of the total charge for a hearing aid 1457
21672167 alone. The terms and conditions of the guarantee, including the 1458
21682168 total amount available for refund, must shall be provided in 1459
21692169 writing to the purchaser before prior to the signing of the 1460
21702170 contract. 1461
21712171 Section 21. Section 468.1255, Florida Statutes, is amended 1462
21722172 to read: 1463
21732173 468.1255 Cancellation by medical authorization; 1464
21742174 purchaser's right to return. — 1465
21752175 (1) In addition to any other rights and remedies the 1466
21762176 purchaser of a prescription hearing aid may have, the purchaser 1467
21772177 has shall have the right to rescind the transaction if the 1468
21782178 purchaser for whatever reason consults a licensed physician with 1469
21792179 specialty board certification in otolaryngology or internal 1470
21802180 medicine or a licensed family practice physician, subsequent to 1471
21812181 purchasing a prescription hearing aid, and the physician 1472
21822182 certifies in writing that the purchaser has a hearing impairment 1473
21832183 for which a prescription hearing aid will not provide a benefit 1474
21842184 or that the purchaser has a medical condition which 1475
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21932193 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
21942194
21952195
21962196
21972197 contraindicates the use of a prescription hearing aid. 1476
21982198 (2) The purchaser of a prescription hearing aid has shall 1477
21992199 have the right to rescind as provided in subsecti on (1) only if 1478
22002200 the purchaser gives a written notice of the intent to rescind 1479
22012201 the transaction to the seller at the seller's place of business 1480
22022202 by certified mail, return receipt requested, which notice shall 1481
22032203 be posted not later than 60 days following the date of delivery 1482
22042204 of the prescription hearing aid to the purchaser, and the 1483
22052205 purchaser returns the prescription hearing aid to the seller in 1484
22062206 the original condition less normal wear and tear. 1485
22072207 (3) If the conditions of subsections (1) and (2) are met, 1486
22082208 the seller must shall, without request, refund to the purchaser, 1487
22092209 within 10 days after of the receipt of notice to rescind, a full 1488
22102210 and complete refund of all moneys received, less 5 percent. The 1489
22112211 purchaser does not shall incur any no additional liability for 1490
22122212 rescinding the transaction. 1491
22132213 Section 22. Section 468.1265, Florida Statutes, is amended 1492
22142214 to read: 1493
22152215 468.1265 Sale or distribution of prescription hearing aids 1494
22162216 through mail; penalty. —It is unlawful for any person to sell or 1495
22172217 distribute prescription hearing aids through the mail to the 1496
22182218 ultimate consumer. Any person who violates this section commits 1497
22192219 a misdemeanor of the second degree, punishable as provided in s. 1498
22202220 775.082 or s. 775.083. 1499
22212221 Section 23. Section 468.1275, Florida Statutes, is amended 1500
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22302230 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
22312231
22322232
22332233
22342234 to read: 1501
22352235 468.1275 Place of business; display of license. —Each 1502
22362236 licensee who fits and sells a prescription hearing aid shall 1503
22372237 declare and establish a regular place of business, at which his 1504
22382238 or her license shall be conspicuously displayed. 1505
22392239 Section 24. Section 484.0401, Flori da Statutes, is amended 1506
22402240 to read: 1507
22412241 484.0401 Purpose.—The Legislature recognizes that the 1508
22422242 dispensing of prescription hearing aids requires particularized 1509
22432243 knowledge and skill to ensure that the interests of the hearing -1510
22442244 impaired public will be adequately serv ed and safely protected. 1511
22452245 It recognizes that a poorly selected or fitted prescription 1512
22462246 hearing aid not only will give little satisfaction but may 1513
22472247 interfere with hearing ability and, therefore, deems it 1514
22482248 necessary in the interest of the public health, safety, and 1515
22492249 welfare to regulate the dispensing of prescription hearing aids 1516
22502250 in this state. Restrictions on the fitting and selling of 1517
22512251 prescription hearing aids shall be imposed only to the extent 1518
22522252 necessary to protect the public from physical and economic harm, 1519
22532253 and restrictions shall not be imposed in a manner which will 1520
22542254 unreasonably affect the competitive market. 1521
22552255 Section 25. Section 484.041, Florida Statutes, is 1522
22562256 reordered and amended to read: 1523
22572257 484.041 Definitions. —As used in this part, the term: 1524
22582258 (1) "Board" means the Board of Hearing Aid Specialists. 1525
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22672267 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
22682268
22692269
22702270
22712271 (2) "Department" means the Department of Health. 1526
22722272 (3) "Dispensing prescription hearing aids" means and 1527
22732273 includes: 1528
22742274 (a) Conducting and interpreting hearing tests for purposes 1529
22752275 of selecting suitable prescription hearing aids, making earmolds 1530
22762276 or ear impressions, and providing appropriate counseling. 1531
22772277 (b) All acts pertaining to the selling, renting, leasing, 1532
22782278 pricing, delivery, and warranty of prescription hearing aids. 1533
22792279 (6)(4) "Hearing aid specialist" means a pers on duly 1534
22802280 licensed in this state to practice the dispensing of 1535
22812281 prescription hearing aids. 1536
22822282 (4)(5) "Hearing aid" means any wearable an amplifying 1537
22832283 device designed for, offered for the purpose of, or represented 1538
22842284 as aiding persons with, or compensating for, imp aired hearing to 1539
22852285 be worn by a hearing -impaired person to improve hearing . 1540
22862286 (10)(6) "Trainee" means a person studying prescription 1541
22872287 hearing aid dispensing under the direct supervision of an active 1542
22882288 licensed hearing aid specialist for the purpose of qualifyin g 1543
22892289 for certification to sit for the licensure examination. 1544
22902290 (5)(7) "Hearing aid establishment" means any establishment 1545
22912291 in this the state which employs a licensed hearing aid 1546
22922292 specialist who offers, advertises, and performs hearing aid 1547
22932293 services for the general public. 1548
22942294 (7) "Over-the-counter hearing aid" means an air -conduction 1549
22952295 hearing aid that does not require implantation or other surgical 1550
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23042304 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
23052305
23062306
23072307
23082308 intervention and is intended for use by a person 18 years of age 1551
23092309 or older to compensate for perceived mild to moderate hearing 1552
23102310 impairment. 1553
23112311 (8) "Prescription hearing aid" means a hearing aid that 1554
23122312 satisfies the requirements of this part and is not an over -the-1555
23132313 counter hearing aid. 1556
23142314 (9)(8) "Sponsor" means an active, licensed hearing aid 1557
23152315 specialist under whose direct supervision one or more trainees 1558
23162316 are studying prescription hearing aid dispensing for the purpose 1559
23172317 of qualifying for certification to sit for the licensure 1560
23182318 examination. 1561
23192319 Section 26. Subsection (2) of section 484.042, Florida 1562
23202320 Statutes, is amended to read: 1563
23212321 484.042 Board of Hearing Aid Specialists; membership, 1564
23222322 appointment, terms.— 1565
23232323 (2) Five members of the board shall be hearing aid 1566
23242324 specialists who have been licensed and practi cing the dispensing 1567
23252325 of prescription hearing aids in this state for at least the 1568
23262326 preceding 4 years. The remaining four members, none of whom 1569
23272327 shall derive economic benefit from the fitting or dispensing of 1570
23282328 hearing aids, shall be appointed from the resident l ay public of 1571
23292329 this state. One of the lay members shall be a prescription 1572
23302330 hearing aid user but may not neither be nor have been a hearing 1573
23312331 aid specialist or a licensee of a closely related profession. 1574
23322332 One lay member shall be an individual age 65 or over. One lay 1575
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23412341 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
23422342
23432343
23442344
23452345 member shall be an otolaryngologist licensed pursuant to chapter 1576
23462346 458 or chapter 459. 1577
23472347 Section 27. Subsection (2) of section 484.044, Florida 1578
23482348 Statutes, is amended to read: 1579
23492349 484.044 Authority to make rules. — 1580
23502350 (2) The board shall adopt rules requirin g that each 1581
23512351 prospective purchaser of a prescription hearing aid be notified 1582
23522352 by the attending hearing aid specialist, at the time of the 1583
23532353 initial examination for fitting and sale of a hearing aid, of 1584
23542354 telecoil, "t" coil, or "t" switch technology. The rules sh all 1585
23552355 further require that hearing aid specialists make available to 1586
23562356 prospective purchasers or clients information regarding 1587
23572357 telecoils, "t" coils, or "t" switches. These rules shall be 1588
23582358 effective on or before October 1, 1994. 1589
23592359 Section 28. Subsection (2) of section 484.0445, Florida 1590
23602360 Statutes, is amended to read: 1591
23612361 484.0445 Training program. — 1592
23622362 (2) A trainee shall perform the functions of a hearing aid 1593
23632363 specialist in accordance with board rules only under the direct 1594
23642364 supervision of a licensed hearing aid specia list. The term 1595
23652365 "direct supervision" means that the sponsor is responsible for 1596
23662366 all work being performed by the trainee. The sponsor or a 1597
23672367 hearing aid specialist designated by the sponsor shall give 1598
23682368 final approval to work performed by the trainee and shall be 1599
23692369 physically present at the time the prescription hearing aid is 1600
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23782378 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
23792379
23802380
23812381
23822382 delivered to the client. 1601
23832383 Section 29. Subsection (2) of section 484.045, Florida 1602
23842384 Statutes, is amended to read: 1603
23852385 484.045 Licensure by examination. — 1604
23862386 (2) The department shall license each a pplicant who the 1605
23872387 board certifies meets all of the following criteria : 1606
23882388 (a) Has completed the application form and remitted the 1607
23892389 required fees.; 1608
23902390 (b) Is of good moral character .; 1609
23912391 (c) Is 18 years of age or older .; 1610
23922392 (d) Is a graduate of an accredited high school or its 1611
23932393 equivalent.; 1612
23942394 (e)1. Has met the requirements of the training program; or 1613
23952395 2.a. Has a valid, current license as a hearing aid 1614
23962396 specialist or its equivalent from another state and has been 1615
23972397 actively practicing in such capacity for at least 12 months; or 1616
23982398 b. Is currently certified by the National Board for 1617
23992399 Certification in Hearing Instrument Sciences and has been 1618
24002400 actively practicing for at least 12 months .; 1619
24012401 (f) Has passed an examination, as prescribed by board 1620
24022402 rule.; and 1621
24032403 (g) Has demonstrate d, in a manner designated by rule of 1622
24042404 the board, knowledge of state laws and rules relating to the 1623
24052405 fitting and dispensing of prescription hearing aids. 1624
24062406 Section 30. Section 484.0501, Florida Statutes, is amended 1625
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24152415 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
24162416
24172417
24182418
24192419 to read: 1626
24202420 484.0501 Minimal procedures and equipment.— 1627
24212421 (1) The following minimal procedures shall be used in the 1628
24222422 fitting and selling of prescription hearing aids: 1629
24232423 (a) Pure tone audiometric testing by air and bone to 1630
24242424 determine the type and degree of hearing deficiency. 1631
24252425 (b) Effective masking w hen indicated. 1632
24262426 (c) Appropriate testing to determine speech reception 1633
24272427 thresholds, speech discrimination scores, the most comfortable 1634
24282428 listening levels, uncomfortable loudness levels, and the 1635
24292429 selection of the best fitting arrangement for maximum hearing 1636
24302430 aid benefit. 1637
24312431 (2) The following equipment shall be used: 1638
24322432 (a) A wide range audiometer that which meets the 1639
24332433 specifications of the American National Standards Institute for 1640
24342434 diagnostic audiometers. 1641
24352435 (b) A speech audiometer or a master hearing aid in order 1642
24362436 to determine the most comfortable listening level and speech 1643
24372437 discrimination. 1644
24382438 (3) A final fitting ensuring physical and operational 1645
24392439 comfort of the prescription hearing aid shall be made. 1646
24402440 (4) The following medical clearance shall be obtained: If, 1647
24412441 upon inspection of the ear canal with an otoscope in the common 1648
24422442 procedure of a prescription hearing aid fitter and upon 1649
24432443 interrogation of the client, there is any recent history of 1650
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24522452 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
24532453
24542454
24552455
24562456 infection or any observable anomaly, the client must shall be 1651
24572457 instructed to see a phys ician, and a prescription hearing aid 1652
24582458 may shall not be fitted until medical clearance is obtained for 1653
24592459 the condition noted. If, upon return, the condition noted is no 1654
24602460 longer observable and the client signs a medical waiver, a 1655
24612461 prescription hearing aid may be fitted. Any person with a 1656
24622462 significant difference between bone conduction hearing and air 1657
24632463 conduction hearing must be informed of the possibility of 1658
24642464 medical correction. 1659
24652465 (5)(a) A prescription hearing aid establishment office 1660
24662466 must have available, or have access to, a selection of 1661
24672467 prescription hearing aid models, hearing aid supplies, and 1662
24682468 services complete enough to accommodate the various needs of the 1663
24692469 prescription hearing aid wearers. 1664
24702470 (b) At the time of the initial examination for fittin g and 1665
24712471 sale of a prescription hearing aid, the attending hearing aid 1666
24722472 specialist shall must notify the prospective purchaser or client 1667
24732473 of the benefits of telecoil, "t" coil, or "t" switch technology, 1668
24742474 including increased access to telephones and noninvasive a ccess 1669
24752475 to assistive listening systems required under the Americans with 1670
24762476 Disabilities Act of 1990. 1671
24772477 (6) Each audiometric test conducted by a licensee or 1672
24782478 authorized trainee in the fitting and selling of prescription 1673
24792479 hearing aids must shall be made in a testing room that has been 1674
24802480 certified by the department, or by an agent approved by the 1675
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24892489 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
24902490
24912491
24922492
24932493 department, not to exceed the following sound pressure levels at 1676
24942494 the specified frequencies: 250Hz -40dB, 500Hz-40dB, 750Hz-40dB, 1677
24952495 1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 1678
24962496 6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement 1679
24972497 shall be made in the case of a client who, after being provided 1680
24982498 written notice of the benefits and advantages of having the test 1681
24992499 conducted in a certified testing room, reques ts that the test be 1682
25002500 conducted in a place other than the licensee's certified testing 1683
25012501 room. Such request must shall be documented by a waiver which 1684
25022502 includes the written notice and is signed by the licensee and 1685
25032503 the client before prior to the testing. The wai ver must shall be 1686
25042504 executed on a form provided by the department. The executed 1687
25052505 waiver must shall be attached to the client's copy of the 1688
25062506 contract, and a copy of the executed waiver must shall be 1689
25072507 retained in the licensee's file. 1690
25082508 (7) The board may shall have the power to prescribe the 1691
25092509 minimum procedures and equipment which must shall be used in the 1692
25102510 conducting of hearing assessments, and for the fitting and 1693
25112511 selling of prescription hearing aids, including equipment that 1694
25122512 will measure the prescription hearing aid's response curves to 1695
25132513 ensure that they meet the manufacturer's specifications. These 1696
25142514 procedures and equipment may differ from those provided in this 1697
25152515 section in order to take full advantage of devices and equipment 1698
25162516 which may hereafter become available and which are demonstrated 1699
25172517 to be of greater efficiency and accuracy. The board shall adopt 1700
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25262526 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
25272527
25282528
25292529
25302530 and enforce rules necessary to implement carry out the 1701
25312531 provisions of this subsection and subsection (6). 1702
25322532 (8) Any duly authorized officer or employee of the 1703
25332533 department may shall have the right to make such inspections and 1704
25342534 investigations as are necessary in order to determine the state 1705
25352535 of compliance with the provisions of this section and the 1706
25362536 applicable rules and may enter the premises of a licensee and 1707
25372537 inspect the records of same upon reasonable belief that a 1708
25382538 violation of this law is being or has been committed or that the 1709
25392539 licensee has failed or is failing to comply with the provisions 1710
25402540 of this part act. 1711
25412541 (9) A licensed hearing aid specialist may service, market, 1712
25422542 sell, dispense, provide customer support for, and distribute 1713
25432543 prescription and over -the-counter hearing aids. 1714
25442544 Section 31. Section 484.051, Florida Statutes, is amended 1715
25452545 to read: 1716
25462546 484.051 Itemization of prices; delivery of prescription 1717
25472547 hearing aid; receipt, pack aging, disclaimer, guarantee. — 1718
25482548 (1) Before Prior to delivery of services or products to a 1719
25492549 prospective purchaser, any person who fits and sells 1720
25502550 prescription hearing aids must shall disclose on request by the 1721
25512551 prospective purchaser an itemized listing of prices, which must 1722
25522552 listing shall include separate price estimates for each service 1723
25532553 component and each product. Provision of such itemized listing 1724
25542554 of prices may shall not be predicated on the prospective 1725
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25632563 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
25642564
25652565
25662566
25672567 purchaser's payment of any charge or agreement to purchase any 1726
25682568 service or product. 1727
25692569 (2) Any person who fits and sells a prescription hearing 1728
25702570 aid must shall, at the time of delivery, provide the purchaser 1729
25712571 with a receipt containing the s eller's signature, the address of 1730
25722572 her or his regular place of business, and her or his license or 1731
25732573 trainee registration number, if applicable, together with the 1732
25742574 brand, model, manufacturer or manufacturer's identification 1733
25752575 code, and serial number of the prescription hearing aid 1734
25762576 furnished and the amount charged for the prescription hearing 1735
25772577 aid. The receipt must also shall specify whether the 1736
25782578 prescription hearing aid is new, used, or rebuilt , and shall 1737
25792579 specify the length of time and other terms of the guarantee , and 1738
25802580 by whom the prescription hearing aid is guaranteed. If When the 1739
25812581 client has requested an itemized list of prices, the receipt 1740
25822582 must shall also provide an itemization of the total purchase 1741
25832583 price, including, but not limited to, the cost of the aid, 1742
25842584 earmold, batteries and other accessories, and any services. 1743
25852585 Notice of the availability of this service shall be displayed in 1744
25862586 a conspicuous manner in the office. The receipt must also shall 1745
25872587 state that any complaint concerning the prescription hearing aid 1746
25882588 and guarantee therefor, if not reconciled with the licensee from 1747
25892589 whom the prescription hearing aid was purchased, should be 1748
25902590 directed by the purchaser to the Department of Health. The 1749
25912591 address and telephone number of such office must shall be stated 1750
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26002600 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
26012601
26022602
26032603
26042604 on the receipt. 1751
26052605 (3) A prescription No hearing aid may not be sold to any 1752
26062606 person unless both the packaging containing the prescription 1753
26072607 hearing aid and the itemized receipt provided pursuant to 1754
26082608 subsection (2) carry the following disclaimer in 10 -point or 1755
26092609 larger type: "A hearing aid will not restore normal hearing, nor 1756
26102610 will it prevent further hearing loss." 1757
26112611 Section 32. Section 484.0512, Florida Statutes, is amended 1758
26122612 to read: 1759
26132613 484.0512 Thirty-day trial period; purchaser's right to 1760
26142614 cancel; notice; refund; cancellation fee ; criminal penalty.— 1761
26152615 (1) A person selling a prescription hearing aid in this 1762
26162616 state must provide the buyer with written notice of a 30 -day 1763
26172617 trial period and money -back guarantee. The guarantee must permit 1764
26182618 the purchaser to cancel the purchase for a valid re ason, as 1765
26192619 defined by rule of the board rule, within 30 days after 1766
26202620 receiving the prescription hearing aid, by returning the 1767
26212621 prescription hearing aid or mailing written notice of 1768
26222622 cancellation to the seller. If the prescription hearing aid must 1769
26232623 be repaired, remade, or adjusted during the 30 -day trial period, 1770
26242624 the running of the 30 -day trial period is suspended 1 day for 1771
26252625 each 24-hour period that the prescription hearing aid is not in 1772
26262626 the purchaser's possession. A repaired, remade, or adjusted 1773
26272627 prescription hearing aid must be claimed by the purchaser within 1774
26282628 3 working days after notification of availability. The running 1775
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26372637 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
26382638
26392639
26402640
26412641 of the 30-day trial period resumes on the day the purchaser 1776
26422642 reclaims the repaired, remade, or adjusted prescription hearing 1777
26432643 aid or on the fourth day after notification of availability , 1778
26442644 whichever occurs earlier . 1779
26452645 (2) The board, in consultation with the Board of Speech -1780
26462646 Language Pathology and Audiology, shall prescribe by rule the 1781
26472647 terms and conditions to be contained in the money-back guarantee 1782
26482648 and any exceptions thereto. Such rules must rule shall provide, 1783
26492649 at a minimum, that the charges for earmolds and service provided 1784
26502650 to fit the prescription hearing aid may be retained by the 1785
26512651 licensee. The rules must shall also set forth any reasonable 1786
26522652 charges to be held by the licensee as a cancellation fee. Such 1787
26532653 rule shall be effective on or before December 1, 1994. Should 1788
26542654 the board fail to adopt such rule, a licensee may not charge a 1789
26552655 cancellation fee which exceeds 5 percent of the to tal charge for 1790
26562656 a hearing aid alone. The terms and conditions of the guarantee, 1791
26572657 including the total amount available for refund, must shall be 1792
26582658 provided in writing to the purchaser before prior to the signing 1793
26592659 of the contract. 1794
26602660 (3) Within 30 days after the r eturn or attempted return of 1795
26612661 the prescription hearing aid, the seller shall refund all moneys 1796
26622662 that must be refunded to a purchaser pursuant to this section. A 1797
26632663 violation of this subsection is a misdemeanor of the first 1798
26642664 degree, punishable as provided in s. 7 75.082 or s. 775.083. 1799
26652665 (4) For purposes of this section, the term "seller" or 1800
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26742674 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
26752675
26762676
26772677
26782678 "person selling a prescription hearing aid" includes: 1801
26792679 (a) Any natural person licensed under this part or any 1802
26802680 other natural person who signs a sales receipt required by s. 1803
26812681 484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or 1804
26822682 dispenses a prescription hearing aid. 1805
26832683 (b) Any business organization, whether a sole 1806
26842684 proprietorship, partnership, corporation, professional 1807
26852685 association, joint venture, business trust, or other l egal 1808
26862686 entity, that which dispenses a prescription hearing aid or 1809
26872687 enters into an agreement to dispense a prescription hearing aid. 1810
26882688 (c) Any person who controls, manages, or operates an 1811
26892689 establishment or business that dispenses a prescription hearing 1812
26902690 aid or enters into an agreement to dispense a prescription 1813
26912691 hearing aid. 1814
26922692 Section 33. Section 484.0513, Florida Statutes, is amended 1815
26932693 to read: 1816
26942694 484.0513 Cancellation by medical authorization; 1817
26952695 purchaser's right to return. — 1818
26962696 (1) In addition to any other rights an d remedies the 1819
26972697 purchaser of a prescription hearing aid may have, the purchaser 1820
26982698 has shall have the right to rescind the transaction if the 1821
26992699 purchaser for whatever reason consults a licensed physician with 1822
27002700 specialty board certification in otolaryngology or in ternal 1823
27012701 medicine or a licensed family practice physician, subsequent to 1824
27022702 purchasing a prescription hearing aid, and the physician 1825
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27112711 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
27122712
27132713
27142714
27152715 certifies in writing that the purchaser has a hearing impairment 1826
27162716 for which a prescription hearing aid will not provide a benefit 1827
27172717 or that the purchaser has a medical condition which 1828
27182718 contraindicates the use of a prescription hearing aid. 1829
27192719 (2) The purchaser of a prescription hearing aid has shall 1830
27202720 have the right to rescind as provided in subsection (1) only if 1831
27212721 the purchaser gives a wr itten notice of the intent to rescind 1832
27222722 the transaction to the seller at the seller's place of business 1833
27232723 by certified mail, return receipt requested, which must notice 1834
27242724 shall be posted within not later than 60 days after following 1835
27252725 the date of delivery of the prescription hearing aid to the 1836
27262726 purchaser, and the purchaser returns the prescription hearing 1837
27272727 aid to the seller in the original condition less normal wear and 1838
27282728 tear. 1839
27292729 (3) If the conditions of subsections (1) and (2) are met, 1840
27302730 the seller must shall, without request, refund to the purchaser, 1841
27312731 within 10 days after of the receipt of the notice to rescind, a 1842
27322732 full and complete refund of all moneys received, less 5 percent. 1843
27332733 The purchaser does not shall incur any no additional liability 1844
27342734 for rescinding the transaction . 1845
27352735 Section 34. Section 484.053, Florida Statutes, is amended 1846
27362736 to read: 1847
27372737 484.053 Prohibitions; penalties. — 1848
27382738 (1) A person may not: 1849
27392739 (a) Practice dispensing prescription hearing aids unless 1850
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27482748 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
27492749
27502750
27512751
27522752 the person is a licensed hearing aid specialist; 1851
27532753 (b) Use the name or title "hearing aid specialist" when 1852
27542754 the person has not been licensed under this part; 1853
27552755 (c) Present as her or his own the license of another; 1854
27562756 (d) Give false, incomplete, or forged evidence to the 1855
27572757 board or a member thereof for the purposes of obta ining a 1856
27582758 license; 1857
27592759 (e) Use or attempt to use a hearing aid specialist license 1858
27602760 that is delinquent or has been suspended, revoked, or placed on 1859
27612761 inactive status; 1860
27622762 (f) Knowingly employ unlicensed persons in the practice of 1861
27632763 dispensing prescription hearing aids; or 1862
27642764 (g) Knowingly conceal information relative to violations 1863
27652765 of this part. 1864
27662766 (2) Any person who violates any provision of the 1865
27672767 provisions of this section is guilty of a felony of the third 1866
27682768 degree, punishable as provided in s. 775.082 or s. 775.083. 1867
27692769 (3) If a person licensed under this part allows the sale 1868
27702770 of a prescription hearing aid by an unlicensed person not 1869
27712771 registered as a trainee or fails to comply with the requirements 1870
27722772 of s. 484.0445(2) relating to supervision of trainees, the board 1871
27732773 must shall, upon determination of that violation, order the full 1872
27742774 refund of moneys paid by the purchaser upon return of the 1873
27752775 prescription hearing aid to the seller's place of business. 1874
27762776 Section 35. Section 484.054, Florida Statutes, is amended 1875
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27852785 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
27862786
27872787
27882788
27892789 to read: 1876
27902790 484.054 Sale or distribution of prescription hearing aids 1877
27912791 through mail; penalty. —It is unlawful for any person to sell or 1878
27922792 distribute prescription hearing aids through the mail to the 1879
27932793 ultimate consumer. Any violation of this section constitutes a 1880
27942794 misdemeanor of the secon d degree, punishable as provided in s. 1881
27952795 775.082 or s. 775.083. 1882
27962796 Section 36. Section 484.059, Florida Statutes, is amended 1883
27972797 to read: 1884
27982798 484.059 Exemptions. — 1885
27992799 (1) The licensure requirements of this part do not apply 1886
28002800 to any person engaged in recommending prescription hearing aids 1887
28012801 as part of the academic curriculum of an accredited institution 1888
28022802 of higher education, or as part of a program conducted by a 1889
28032803 public charitable institution supported primarily by voluntary 1890
28042804 contribution, provided this organization does not dispense or 1891
28052805 sell prescription hearing aids or accessories. 1892
28062806 (2) The licensure requirements of this part do not apply 1893
28072807 to any person licensed to practice medicine in this the state, 1894
28082808 except that such physician must shall comply with the 1895
28092809 requirement of periodic filing of the certificate of testing and 1896
28102810 calibration of audiometric equipment as provided in this part. A 1897
28112811 No person employed by or working under the supervision of a 1898
28122812 person licensed to practice medicine may not shall perform any 1899
28132813 services or acts whi ch would constitute the dispensing of 1900
2814-ENROLLED
2815-CS/CS/HB 1387, Engrossed 2 2023 Legislature
2816-
2817-
2818-
2819-CODING: Words stricken are deletions; words underlined are additions.
2820-hb1387-05-er
2814+
2815+CS/CS/HB 1387, Engrossed 1 2023
2816+
2817+
2818+
2819+CODING: Words stricken are deletions; words underlined are additions.
2820+hb1387-03-e1
28212821 Page 77 of 78
28222822 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
28232823
28242824
28252825
28262826 prescription hearing aids as defined in s. 484.041 s. 1901
28272827 484.041(3), unless such person is a licensed hearing aid 1902
28282828 specialist. 1903
28292829 (3) The licensure requirements of this part do not apply 1904
28302830 to an audiologist licensed under pursuant to part I of chapter 1905
28312831 468. 1906
28322832 (4) Section The provisions of s. 484.053(1)(a) does shall 1907
28332833 not apply to registered trainees operating in compliance with 1908
28342834 this part and board rules of the board. 1909
28352835 (5) The licensure requirements of this part do not apply 1910
28362836 to a person who services, markets, sells, dispenses, provides 1911
28372837 customer support for, or distributes exclusively over -the-1912
28382838 counter hearing aids, whether through in -person transactions, by 1913
28392839 mail, or online. For purposes of this subsection, over -the-1914
28402840 counter hearing aids are those that are available without the 1915
28412841 supervision, prescription, or other order, involvement, or 1916
28422842 intervention of a licensed person to consumers through in -person 1917
28432843 transactions, by mail, or online. These devices allow the user 1918
28442844 to control the device and customize it to the user's hearing 1919
28452845 needs through the use of tools, tests, or software, including, 1920
28462846 but not limited to, wireless technology or tests for self -1921
28472847 assessment of hearing loss. 1922
28482848 Section 37. The Division of Law Revision is directed to 1923
28492849 replace the phrase "the effective date of this act" wherever it 1924
28502850 occurs in this act with the date the act becomes a law. 1925
2851-ENROLLED
2852-CS/CS/HB 1387, Engrossed 2 2023 Legislature
2853-
2854-
2855-
2856-CODING: Words stricken are deletions; words underlined are additions.
2857-hb1387-05-er
2851+
2852+CS/CS/HB 1387, Engrossed 1 2023
2853+
2854+
2855+
2856+CODING: Words stricken are deletions; words underlined are additions.
2857+hb1387-03-e1
28582858 Page 78 of 78
28592859 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
28602860
28612861
28622862
28632863 Section 38. Except as otherwise expressly provided in this 1926
28642864 act and except for this section, which shall take effect upon 1927
28652865 this act becoming a law, this act shall take effect July 1, 1928
28662866 2023. 1929