Florida 2024 Regular Session

Florida House Bill H1273 Latest Draft

Bill / Comm Sub Version Filed 02/18/2024

                               
 
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A bill to be entitled 1 
An act relating to reciprocity or endorsement of 2 
licensure; amending s. 455.213, F.S.; providing 3 
requirements for the applicable board, or the 4 
Department of Business and Professional Regulation if 5 
there is no board, relating to licensure by 6 
reciprocity and by endorsement; defining the term 7 
"basis license"; creating s. 455.2135, F.S.; requiring 8 
the respective boards of occupations, or the 9 
department if there is no board, to allow licensure by 10 
endorsement if the applicant meets certain criteria; 11 
requiring applicants of professions that require 12 
fingerprints for criminal history checks to submit 13 
such fingerprints before the board or department 14 
issues a license by endorsement; requiring the 15 
department, and authorizing the board, to review the 16 
results of the crimi nal history checks according to 17 
specific criteria to determine if the applicants meet 18 
the requirements for licensure; requiring that the 19 
costs associated with fingerprint processing be borne 20 
by the applicant; requiring certain agencies or 21 
vendors to collect fingerprint processing fees and 22 
remit such fees to the Department of Law Enforcement; 23 
providing an exemption; creating s. 456.0145, F.S.; 24 
providing a short title; requiring the applicable 25     
 
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health care regulatory boards, or the Department of 26 
Health if there is no board, to issue a license or 27 
certificate to applicants who meet specified 28 
conditions; defining the term "scope of practice"; 29 
requiring the department to verify certain information 30 
using the National Practitioner Data Bank, as 31 
applicable; specifying circumstances under which a 32 
person is ineligible for a license; authorizing boards 33 
or the department, as applicable, to revoke a license 34 
upon a specified finding; requiring boards or the 35 
department, as applicable, to issue licenses within a 36 
specified timeframe; authorizing boards or the 37 
department, as applicable, to require that applicants 38 
successfully complete a jurisprudential examination 39 
under certain circumstances; requiring the department 40 
to submit an annual report to the Governor and the 41 
Legislature by a specified date; providing 42 
requirements for the report; requiring boards and the 43 
department, as applicable, to adopt certain rules 44 
within a specified timeframe; amending ss. 457.105, 45 
458.313, 464.009, 464.203, 465.0075, 467.0125, 46 
468.1185, 468.1705, 46 8.209, 468.513, 478.47, 480.041, 47 
484.007, 486.081, 486.107, 490.006, and 491.006, F.S.; 48 
revising licensure by endorsement requirements for the 49 
practice of acupuncture, medicine, professional or 50     
 
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practical nursing, certified nursing assistants, 51 
pharmacy, midwifery, speech-language pathology and 52 
audiology, nursing home administration, dietetics and 53 
nutrition, electrology, massage therapy, opticianry, 54 
physical therapy, physical therapist assistantship, 55 
psychology and school psychology, and clinical social 56 
work, marriage and family therapy, and mental health 57 
counseling, respectively; repealing s. 468.213, F.S.; 58 
relating to licensure by endorsement for occupational 59 
therapy; amending ss. 486.031 and 486.102, F.S.; 60 
conforming provisions to changes made by the act; 61 
authorizing boards and the Department of Health, as 62 
applicable, to continue processing applications for 63 
licensure by endorsement, as authorized under the 64 
Florida Statutes (2023), for a specified timeframe; 65 
providing an effective date. 66 
 67 
Be It Enacted by the Legislature of the State of Florida: 68 
 69 
 Section 1.  Subsection (15) of section 455.213, Florida 70 
Statutes, is renumbered as subsection (16), and a new subsection 71 
(15) is added to that section to read: 72 
 455.213  General licensing provisions. — 73 
 (15)(a)  Before the board, or the department if there is no 74 
board, may deny an application for licensure by reciprocity or 75     
 
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by endorsement, the board, or the department if there is no 76 
board, must make a finding that the basis license in another 77 
jurisdiction is or is not substantially equivalent to or is 78 
otherwise insufficient for a license in this state. 79 
 (b)  If the board, or the department if there is no board, 80 
finds that the basis license in another jurisdiction is not 81 
substantially equivalent to or is otherwise i nsufficient for a 82 
license in this state and there are no other grounds to deny the 83 
application for licensure, within 7 business days after being 84 
notified of such finding, the applicant may request that the 85 
finding be submitted to the secretary for review. Within 7 86 
business days after receiving such request, the secretary must 87 
review the finding and either agree or disagree with the 88 
finding. If the secretary agrees with the finding, the 89 
application for licensure may be denied. If the secretary 90 
disagrees with the finding, the application for licensure must 91 
be approved unless other grounds for denial exist. The decision 92 
must be entered according to the secretary's finding, unless 93 
other grounds for denial exist. 94 
 (c)  If the secretary finds that the requirements of a 95 
basis license in another jurisdiction are substantially 96 
equivalent to or are otherwise sufficient for a license in this 97 
state, the board, or the department if there is no board, must 98 
make the same finding for similar applicants from the same 99 
jurisdiction, unless the requirements of the basis license 100     
 
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change. 101 
 (d)  As used in this subsection, the term "basis license" 102 
means the license or the licensure requirements of another 103 
jurisdiction which are used to meet the requirements for a 104 
license in this stat e. 105 
 Section 2.  Section 455.2135, Florida Statutes, is created 106 
to read: 107 
 455.2135  Interstate mobility. - 108 
 (1)  When endorsement based on years of licensure is not 109 
otherwise provided by law in the practice act for a profession, 110 
the board, or the departmen t if there is no board, shall allow 111 
licensure by endorsement for any individual applying who: 112 
 (a)  Has held a valid, current license to practice the 113 
profession issued by another state or territory of the United 114 
States for at least 5 years before the date of application and 115 
is applying for the same or similar license in this state; 116 
 (b)  Submits an application either when the license in 117 
another state or territory of the United States is active or 118 
within 2 years after such license was last active; 119 
 (c)  Has passed the recognized national licensing exam, if 120 
such exam is established as a requirement for licensure in the 121 
profession; 122 
 (d)  Has no pending disciplinary actions and all sanctions 123 
of any prior disciplinary actions have been satisfied; 124 
 (e)  Shows proof of compliance with any federal regulation, 125     
 
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training, or certification, if the applicant's profession 126 
requires such proof, regarding licensure in the profession; 127 
 (f)  Completes Florida -specific continuing education 128 
courses or passes a juri sprudential examination specific to the 129 
state laws and rules for the applicable profession as 130 
established by the board, or the department if there is no 131 
board, if required by the practice act; and 132 
 (g)  Complies with any insurance or bonding requirements a s 133 
required for the profession. 134 
 (2)  If the applicant's profession requires, the applicant 135 
must submit a complete set of fingerprints to the Department of 136 
Law Enforcement for a statewide criminal history check. The 137 
Department of Law Enforcement shall forwa rd the fingerprints to 138 
the Federal Bureau of Investigation for a national criminal 139 
history check. The department shall, and the board may, review 140 
the results of the criminal history checks according to the 141 
level 2 screening standards in s. 435.04 and deter mine whether 142 
the applicant meets the licensure requirements. The costs of 143 
fingerprint processing are borne by the applicant. If the 144 
applicant's fingerprints are submitted through an authorized 145 
agency or vendor, the agency or vendor must collect the require d 146 
processing fees and remit the fees to the Department of Law 147 
Enforcement. 148 
 (3)  This section does not apply to harbor pilots licensed 149 
under chapter 310. 150     
 
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 Section 3.  Section 456.0145, Florida Statutes, is created 151 
to read: 152 
 456.0145  Mobile Opportunity b y Interstate Licensure 153 
Endorsement (MOBILE) Act. - 154 
 (1)  SHORT TITLE.—This section may be cited as the "Mobile 155 
Opportunity by Interstate Licensure Endorsement Act" or the 156 
"MOBILE Act." 157 
 (2)  LICENSURE BY ENDORSEMENT. — 158 
 (a)  An applicable board, or the depar tment if there is no 159 
board, shall issue a license to practice in this state to an 160 
applicant who: 161 
 1.  Submits a complete application. 162 
 2.  Holds an active, unencumbered license issued by another 163 
state, the District of Columbia, or a territory of the United 164 
States in a profession with a similar scope of practice, as 165 
determined by the board or department, as applicable. The term 166 
"scope of practice" means the full spectrum of functions, 167 
procedures, actions, and services that a health care 168 
practitioner is deeme d competent and authorized to perform under 169 
a license issued in this state. 170 
 3.  Has obtained a passing score on a national licensure 171 
examination, or national certification, as applicable, for which 172 
profession the applicant is seeking licensure in this sta te, or 173 
meets the requirements of paragraph (b). 174 
 4.  Has actively practiced the profession for which the 175     
 
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applicant is applying for at least 2 of the 4 years preceding 176 
the date of submission of the application. 177 
 5.  Attests that he or she is not, at the tim e of 178 
submission of the application, the subject of a disciplinary 179 
proceeding in a jurisdiction in which he or she holds a license 180 
or by the United States Department of Defense for reasons 181 
related to the practice of the profession for which he or she is 182 
applying. 183 
 6.  Has not had disciplinary action taken against him or 184 
her in the 5 years preceding the date of submission of the 185 
application 186 
 7.  Meets the financial responsibility requirements of s. 187 
456.048 or the applicable practice act, if required for the 188 
profession for which the applicant is seeking licensure. 189 
 8.  Submits a set of fingerprints for a background 190 
screening pursuant to s. 456.0135, if required for the 191 
profession for which he or she is applying. 192 
 193 
The department shall verify information submitte d by the 194 
applicant under this subsection using the National Practitioner 195 
Data Bank. 196 
 (b)  An applicant for a profession that does not require a 197 
national examination or national certification is eligible for 198 
licensure if an applicable board, or the departme nt if there is 199 
no board, determines that the jurisdiction in which the 200     
 
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applicant currently holds an active, unencumbered license meets 201 
established minimum education requirements and, if applicable, 202 
examination, work experience, and clinical supervision 203 
requirements that are substantially similar to the requirements 204 
for licensure in that profession in this state. 205 
 (c)  An applicant is ineligible for a license pursuant to 206 
this section if he or she: 207 
 1.  Has a complaint, allegation, or investigation pending 208 
before a licensing entity in another state, the District of 209 
Columbia, or a possession or territory of the United States; 210 
 2.  Has been convicted of or pled nolo contendere to, 211 
regardless of adjudication, any felony or misdemeanor related to 212 
the practice of a health care profession; 213 
 3.  Has had a health care provider license revoked or 214 
suspended in another state, the District of Columbia, or a 215 
territory of the United States or has voluntarily surrendered 216 
any such license in lieu of having disciplinary action taken 217 
against the license; or 218 
 4.  Has been reported to the National Practitioner Data 219 
Bank, unless the applicant has successfully appealed to have his 220 
or her name removed from the data bank. 221 
 (d)  The board, or the department if there is no board, may 222 
revoke a license upon finding that the applicant provided false 223 
or misleading material information or intentionally omitted 224 
material information in an application for licensure. 225     
 
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 (e)  The board, or the department if there is no board, 226 
shall issue a license to a qualified applicant within 7 days 227 
after receipt of all required documentation for an application. 228 
 (f)  The board, or the department if there is no board, 229 
shall comply with the requirements of s. 456.025. 230 
 (3)  STATE EXAMINATION. —The board, or the department if 231 
there is no board, may require the applicant to successfully 232 
complete a jurisprudential examination specific to relevant 233 
state laws that regulate the profession, if this chapter or the 234 
applicable practice act requires such examination. 235 
 (4)  ANNUAL REPORT.—By December 31 of each year, the 236 
department shall submit to the Governor, the President of the 237 
Senate, and the Speaker of the House of Representatives a report 238 
that provides all of the following information for the previous 239 
fiscal year: 240 
 (a) The number of applications for licensure or 241 
certification received under this section, distinguished by 242 
profession. 243 
 (b)  The number of licenses or certifications issued under 244 
this section. 245 
 (c)  The number of applications submitted under this 246 
section which were denied and the reason for such denials. 247 
 (d)  The number of complaints, investigations, or other 248 
disciplinary actions taken against health care practitioners who 249 
are licensed or certified under this section. 250     
 
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 (5)  RULES.—By December 1, 2024, eac h applicable board, or 251 
the department if there is no board, shall adopt rules to 252 
implement this section. 253 
 Section 4.  Paragraph (c) of subsection (2) of section 254 
457.105, Florida Statutes, is amended to read: 255 
 457.105  Licensure qualifications and fees. — 256 
 (2)  A person may become licensed to practice acupuncture 257 
if the person applies to the department and: 258 
 (c)  Has successfully completed a board -approved national 259 
certification process, meets the requirements for licensure by 260 
endorsement under s. 456.0145 is actively licensed in a state 261 
that has examination requirements that are substantially 262 
equivalent to or more stringent than those of this state , or 263 
passes an examination administered by the department, which 264 
examination tests the applicant's competency a nd knowledge of 265 
the practice of acupuncture and oriental medicine. At the 266 
request of any applicant, oriental nomenclature for the points 267 
shall be used in the examination. The examination shall include 268 
a practical examination of the knowledge and skills req uired to 269 
practice modern and traditional acupuncture and oriental 270 
medicine, covering diagnostic and treatment techniques and 271 
procedures; and 272 
 Section 5.  Section 458.313, Florida Statutes, is amended 273 
to read: 274 
 458.313  Licensure by endorsement; requireme nts; fees.— 275     
 
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 (1) The department shall issue a license by endorsement to 276 
any applicant who, upon applying to the department on forms 277 
furnished by the department and remitting a fee set by the board 278 
not to exceed $500, the board certifies has met the requirements 279 
for licensure by endorsement under s. 456.0145. : 280 
 (a)  Has met the qualifications for licensure in s. 281 
458.311(1)(b)-(g) or in s. 458.311(1)(b) -(e) and (g) and (3); 282 
 (b)  Prior to January 1, 2000, has obtained a passing 283 
score, as established by rule of the board, on the licensure 284 
examination of the Federation of State Medical Boards of the 285 
United States, Inc. (FLEX), on the United States Medical 286 
Licensing Examination (USMLE), or on the examination of the 287 
National Board of Medical Examiners, or on a co mbination 288 
thereof, and on or after January 1, 2000, has obtained a passing 289 
score on the United States Medical Licensing Examination 290 
(USMLE); and 291 
 (c)  Has submitted evidence of the active licensed practice 292 
of medicine in another jurisdiction, for at least 2 of the 293 
immediately preceding 4 years, or evidence of successful 294 
completion of either a board -approved postgraduate training 295 
program within 2 years preceding filing of an application or a 296 
board-approved clinical competency examination within the year 297 
preceding the filing of an application for licensure. For 298 
purposes of this paragraph, "active licensed practice of 299 
medicine" means that practice of medicine by physicians, 300     
 
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including those employed by any governmental entity in community 301 
or public health, as de fined by this chapter, medical directors 302 
under s. 641.495(11) who are practicing medicine, and those on 303 
the active teaching faculty of an accredited medical school. 304 
 (2)  The board may require an applicant for licensure by 305 
endorsement to take and pass the appropriate licensure 306 
examination prior to certifying the applicant as eligible for 307 
licensure. 308 
 (3)  The department and the board shall ensure that 309 
applicants for licensure by endorsement meet applicable criteria 310 
in this chapter through an investigative pr ocess. When the 311 
investigative process is not completed within the time set out 312 
in s. 120.60(1) and the department or board has reason to 313 
believe that the applicant does not meet the criteria, the State 314 
Surgeon General or the State Surgeon General's designe e may 315 
issue a 90-day licensure delay which shall be in writing and 316 
sufficient to notify the applicant of the reason for the delay. 317 
The provisions of this subsection shall control over any 318 
conflicting provisions of s. 120.60(1). 319 
 (4)  The board may promulga te rules and regulations, to be 320 
applied on a uniform and consistent basis, which may be 321 
necessary to carry out the provisions of this section. 322 
 (5)  Upon certification by the board, the department shall 323 
impose conditions, limitations, or restrictions on a license by 324 
endorsement if the applicant is on probation in another 325     
 
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jurisdiction for an act which would constitute a violation of 326 
this chapter. 327 
 (6)  The department shall not issue a license by 328 
endorsement to any applicant who is under investigation in any 329 
jurisdiction for an act or offense which would constitute a 330 
violation of this chapter until such time as the investigation 331 
is complete, at which time the provisions of s. 458.331 shall 332 
apply. Furthermore, the department may not issue an unrestricted 333 
license to any individual who has committed any act or offense 334 
in any jurisdiction which would constitute the basis for 335 
disciplining a physician pursuant to s. 458.331. When the board 336 
finds that an individual has committed an act or offense in any 337 
jurisdiction which would constitute the basis for disciplining a 338 
physician pursuant to s. 458.331, the board may enter an order 339 
imposing one or more of the terms set forth in subsection (7). 340 
 (7)  When the board determines that any applicant for 341 
licensure by endorsement has failed to meet, to the board's 342 
satisfaction, each of the appropriate requirements set forth in 343 
this section, it may enter an order requiring one or more of the 344 
following terms: 345 
 (a)  Refusal to certify to the department an application 346 
for licensure, certification, or registration; 347 
 (b)  Certification to the department of an application for 348 
licensure, certification, or registration with restrictions on 349 
the scope of practice of the licensee; or 350     
 
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 (c)  Certification to the department of an application for 351 
licensure, certification, or registration with placement of the 352 
physician on probation for a period of time and subject to such 353 
conditions as the board may specify, including, but not limited 354 
to, requiring the physician to submit to treatment, attend 355 
continuing education courses, submit to reexamination, or work 356 
under the supervision of another physician. 357 
 Section 6.  Section 464.009, Florida Statutes, is amended 358 
to read: 359 
 464.009  Licensure by endorsement. — 360 
 (1) The department shall issue the appropriate license by 361 
endorsement to practice professional or practical nursing to an 362 
applicant who, upon applying to the department and remitting a 363 
fee set by the board not to exceed $100, demonstrates to the 364 
board that he or she meets the requirements for licensure by 365 
endorsement under s. 456.0145. : 366 
 (a)  Holds a valid license to practice professional or 367 
practical nursing in another state or territory of the United 368 
States, provided that, when the applicant secured his or her 369 
original license, the requirements for licensure were 370 
substantially equivalent to or more stringent than those 371 
existing in Florida at that time; 372 
 (b)  Meets the qualifications for licensure in s. 464.008 373 
and has successfully completed a state, regional , or national 374 
examination which is substantially equivalent to or more 375     
 
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stringent than the examination given by the department; or 376 
 (c)  Has actively practiced nursing in another state, 377 
jurisdiction, or territory of the United States for 2 of the 378 
preceding 3 years without having his or her license acted 379 
against by the licensing authority of any jurisdiction. 380 
Applicants who become licensed pursuant to this paragraph must 381 
complete within 6 months after licensure a Florida laws and 382 
rules course that is approved by the board. Once the department 383 
has received the results of the national criminal history check 384 
and has determined that the applicant has no criminal history, 385 
the appropriate license by endorsement shall be issued to the 386 
applicant. 387 
 (2)  Such examinatio ns and requirements from other states 388 
and territories of the United States shall be presumed to be 389 
substantially equivalent to or more stringent than those in this 390 
state. Such presumption shall not arise until January 1, 1980. 391 
However, the board may, by ru le, specify states and territories 392 
the examinations and requirements of which shall not be presumed 393 
to be substantially equivalent to those of this state. 394 
 (3)  An applicant for licensure by endorsement who is 395 
relocating to this state pursuant to his or he r military-396 
connected spouse's official military orders and who is licensed 397 
in another state that is a member of the Nurse Licensure Compact 398 
shall be deemed to have satisfied the requirements of subsection 399 
(1) and shall be issued a license by endorsement up on submission 400     
 
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of the appropriate application and fees and completion of the 401 
criminal background check required under subsection (4). 402 
 (4)  The applicant must submit to the department a set of 403 
fingerprints on a form and under procedures specified by the 404 
department, along with a payment in an amount equal to the costs 405 
incurred by the Department of Health for the criminal background 406 
check of the applicant. The Department of Health shall submit 407 
the fingerprints provided by the applicant to the Florida 408 
Department of Law Enforcement for a statewide criminal history 409 
check, and the Florida Department of Law Enforcement shall 410 
forward the fingerprints to the Federal Bureau of Investigation 411 
for a national criminal history check of the applicant. The 412 
Department of Health shall review the results of the criminal 413 
history check, issue a license to an applicant who has met all 414 
of the other requirements for licensure and has no criminal 415 
history, and shall refer all applicants with criminal histories 416 
back to the board for dete rmination as to whether a license 417 
should be issued and under what conditions. 418 
 (5)  The department shall not issue a license by 419 
endorsement to any applicant who is under investigation in 420 
another state, jurisdiction, or territory of the United States 421 
for an act which would constitute a violation of this part or 422 
chapter 456 until such time as the investigation is complete, at 423 
which time the provisions of s. 464.018 shall apply. 424 
 (6)  The department shall develop an electronic applicant 425     
 
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notification process an d provide electronic notification when 426 
the application has been received and when background screenings 427 
have been completed, and shall issue a license within 30 days 428 
after completion of all required data collection and 429 
verification. This 30 -day period to issue a license shall be 430 
tolled if the applicant must appear before the board due to 431 
information provided on the application or obtained through 432 
screening and data collection and verification procedures. 433 
 (7)  A person holding an active multistate license i n 434 
another state pursuant to s. 464.0095 is exempt from the 435 
requirements for licensure by endorsement in this section. 436 
 Section 7.  Paragraph (c) of subsection (1) of section 437 
464.203, Florida Statutes, is amended to read: 438 
 464.203  Certified nursing assis tants; certification 439 
requirement.— 440 
 (1)  The board shall issue a certificate to practice as a 441 
certified nursing assistant to any person who demonstrates a 442 
minimum competency to read and write and successfully passes the 443 
required background screening pursua nt to s. 400.215. If the 444 
person has successfully passed the required background screening 445 
pursuant to s. 400.215 or s. 408.809 within 90 days before 446 
applying for a certificate to practice and the person's 447 
background screening results are not retained in th e 448 
clearinghouse created under s. 435.12, the board shall waive the 449 
requirement that the applicant successfully pass an additional 450     
 
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background screening pursuant to s. 400.215. The person must 451 
also meet one of the following requirements: 452 
 (c)  Has been deemed by the board as eligible for licensure 453 
by endorsement under s. 456.0145 Is currently certified in 454 
another state or territory of the United States or in the 455 
District of Columbia; is listed on that jurisdiction's certified 456 
nursing assistant registry; and h as not been found to have 457 
committed abuse, neglect, or exploitation in that jurisdiction . 458 
 Section 8.  Section 465.0075, Florida Statutes, is amended 459 
to read: 460 
 465.0075  Licensure by endorsement; requirements; fee. — 461 
 (1) The department shall issue a lic ense by endorsement to 462 
any applicant who applies to the department and remits a 463 
nonrefundable fee of not more than $100, as set by the board, 464 
and whom the board certifies has met the requirements for 465 
licensure by endorsement under s. 456.0145. : 466 
 (a)  Has met the qualifications for licensure in s. 467 
465.007(1)(b) and (c); 468 
 (b)  Has obtained a passing score, as established by rule 469 
of the board, on the licensure examination of the National 470 
Association of Boards of Pharmacy or a similar nationally 471 
recognized examination, if the board certifies that the 472 
applicant has taken the required examination; 473 
 (c)1.  Has submitted evidence of the active licensed 474 
practice of pharmacy, including practice in community or public 475     
 
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health by persons employed by a governmental entity , in another 476 
jurisdiction for at least 2 of the immediately preceding 5 years 477 
or evidence of successful completion of board -approved 478 
postgraduate training or a board -approved clinical competency 479 
examination within the year immediately preceding application 480 
for licensure; or 481 
 2.  Has completed an internship meeting the requirements of 482 
s. 465.007(1)(c) within the 2 years immediately preceding 483 
application; and 484 
 (d)  Has obtained a passing score on the pharmacy 485 
jurisprudence portions of the licensure examination, as required 486 
by board rule. 487 
 (2)  An applicant licensed in another state for a period in 488 
excess of 2 years from the date of application for licensure in 489 
this state shall submit a total of at least 30 hours of board -490 
approved continuing education for the 2 calendar years 491 
immediately preceding application. 492 
 (3)  The department may not issue a license by endorsement 493 
to any applicant who is under investigation in any jurisdiction 494 
for an act or offense that would constitute a violation of this 495 
chapter until the investigation is complete, at which time the 496 
provisions of s. 465.016 apply. 497 
 (4)  The department may not issue a license by endorsement 498 
to any applicant whose license to practice pharmacy has been 499 
suspended or revoked in another state or who is currently the 500     
 
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subject of any disciplinary proceeding in another state. 501 
 Section 9.  Subsection (1) of section 467.0125, Florida 502 
Statutes, is amended to read: 503 
 467.0125  Licensed midwives; qualifications; endorsement; 504 
temporary certificates. — 505 
 (1)  The department shall issue a license by endorsement to 506 
practice midwifery to an applicant who , upon applying to the 507 
department, demonstrates to the department that she or he meets 508 
all of the requirements for licensure by endorsement under s. 509 
456.0145 and following criteria: 510 
 (a)  Holds an active, unencumbered license to practice 511 
midwifery in another state, jurisdiction, or territory, provided 512 
the licensing requirements of that state, jurisdiction, or 513 
territory at the time the license was issued were substantiall y 514 
equivalent to or exceeded those established under this chapter 515 
and the rules adopted hereunder. 516 
 (b)  Has successfully completed a prelicensure course 517 
conducted by an accredited and approved midwifery program. 518 
 (c) submits an application for licensure on a form 519 
approved by the department and pays the appropriate fee. 520 
 Section 10.  Subsections (3) and (4) of section 468.1185, 521 
Florida Statutes, are amended to read: 522 
 468.1185  Licensure. — 523 
 (3)  The board shall certi fy as qualified for a license by 524 
endorsement as a speech -language pathologist or audiologist an 525     
 
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applicant who: 526 
 (a)  Holds a valid license or certificate in another state 527 
or territory of the United States to practice the profession for 528 
which the applicatio n for licensure is made, if the criteria for 529 
issuance of such license were substantially equivalent to or 530 
more stringent than the licensure criteria which existed in this 531 
state at the time the license was issued; or 532 
 (b)  Holds a valid certificate of clini cal competence of 533 
the American Speech-Language and Hearing Association or board 534 
certification in audiology from the American Board of Audiology. 535 
 (4)  The board may refuse to certify any applicant who is 536 
under investigation in any jurisdiction for an act w hich would 537 
constitute a violation of this part or chapter 456 until the 538 
investigation is complete and disciplinary proceedings have been 539 
terminated. 540 
 Section 11.  Subsection (4) of section 468.1705, Florida 541 
Statutes, is renumbered as subsection (3), and present 542 
subsections (1), (2), and (3) of that section are amended to 543 
read: 544 
 468.1705  Licensure by endorsement; temporary license. — 545 
 (1)  The department shall issue a license by endorsement to 546 
any applicant who, upon applying to the department and remittin g 547 
a fee set by the board not to exceed $500, demonstrates to the 548 
board that he or she meets the requirements for licensure by 549 
endorsement under s. 456.0145. : 550     
 
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 (a)  Meets one of the following requirements: 551 
 1.  Holds a valid active license to practice nursi ng home 552 
administration in another state of the United States, provided 553 
that the current requirements for licensure in that state are 554 
substantially equivalent to, or more stringent than, current 555 
requirements in this state; or 556 
 2.  Meets the qualifications f or licensure in s. 468.1695; 557 
and 558 
 (b)1.  Has successfully completed a national examination 559 
which is substantially equivalent to, or more stringent than, 560 
the examination given by the department; 561 
 2.  Has passed an examination on the laws and rules of this 562 
state governing the administration of nursing homes; and 563 
 3.  Has worked as a fully licensed nursing home 564 
administrator for 2 years within the 5 -year period immediately 565 
preceding the application by endorsement. 566 
 (2)  National examinations for licensure as a nursing home 567 
administrator shall be presumed to be substantially equivalent 568 
to, or more stringent than, the examination and requirements in 569 
this state, unless found otherwise by rule of the board. 570 
 (2)(3) The department may shall not issue a license by 571 
endorsement or a temporary license to any applicant who is under 572 
investigation in this or another state for any act which would 573 
constitute a violation of this part until such time as the 574 
investigation is complete and disciplinary proceedings have been 575     
 
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terminated. 576 
 Section 12.  Section 468.213, Florida Statutes, is 577 
repealed. 578 
 Section 13.  Section 468.513, Florida Statutes, is amended 579 
to read: 580 
 468.513  Dietitian/nutritionist; licensure by endorsement. — 581 
 (1) The department shall issue a license to practic e 582 
dietetics and nutrition by endorsement to any applicant who 583 
meets the requirements for licensure by endorsement under s. 584 
456.0145 the board certifies as qualified , upon receipt of a 585 
completed application and the fee specified in s. 468.508. 586 
 (2)  The board shall certify as qualified for licensure by 587 
endorsement under this section any applicant who: 588 
 (a)  Presents evidence satisfactory to the board that he or 589 
she is a registered dietitian; or 590 
 (b)  Holds a valid license to practice dietetics or 591 
nutrition issued by another state, district, or territory of the 592 
United States, if the criteria for issuance of such license are 593 
determined by the board to be substantially equivalent to or 594 
more stringent than those of this state. 595 
 (3)  The department shall not issue a license by 596 
endorsement under this section to any applicant who is under 597 
investigation in any jurisdiction for any act which would 598 
constitute a violation of this part or chapter 456 until such 599 
time as the investigation is complete and disciplinary 600     
 
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proceedings have been terminated. 601 
 Section 14.  Section 478.47, Florida Statutes, is amended 602 
to read: 603 
 478.47  Licensure by endorsement. —The department shall 604 
issue a license by endorsement to any applicant who , upon 605 
submitting submits an application and the re quired fees as set 606 
forth in s. 478.55, demonstrates to the board that he or she 607 
meets the requirements for licensure by endorsement under s. 608 
456.0145 and who holds an active license or other authority to 609 
practice electrology in a jurisdiction whose licensu re 610 
requirements are determined by the board to be equivalent to the 611 
requirements for licensure in this state . 612 
 Section 15.  Paragraph (c) of subsection (5) of section 613 
480.041, Florida Statutes, is amended to read: 614 
 480.041  Massage therapists; qualifications; licensure; 615 
endorsement.— 616 
 (5)  The board shall adopt rules: 617 
 (c)  Specifying licensing procedures for practitioners 618 
desiring to be licensed in this state who meet the requirements 619 
for licensure by endorsement under s. 456.0145 or hold an active 620 
license and have practiced in any other state, territory, or 621 
jurisdiction of the United States or any foreign national 622 
jurisdiction which has licensing standards substantially similar 623 
to, equivalent to, or more stringent than the standards of this 624 
state. 625     
 
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 Section 16.  Subsections (3) and (4) of section 484.007, 626 
Florida Statutes, are renumbered as subsection (4) and (5), 627 
respectively, subsection (1) is amended, and a new subsection 628 
(3) is added to that section, to read: 629 
 484.007  Licensure of optician s; permitting of optical 630 
establishments.— 631 
 (1)  Any person desiring to practice opticianry shall apply 632 
to the department, upon forms prescribed by it, to take a 633 
licensure examination. The department shall examine each 634 
applicant who the board certifies meets all of the following 635 
criteria: 636 
 (a)  Has completed the application form and remitted a 637 
nonrefundable application fee set by the board, in the amount of 638 
$100 or less, and an examination fee set by the board, in the 639 
amount of $325 plus the actual per appli cant cost to the 640 
department for purchase of portions of the examination from the 641 
American Board of Opticianry or a similar national organization, 642 
or less, and refundable if the board finds the applicant 643 
ineligible to take the examination .; 644 
 (b)  Is not younger less than 18 years of age .; 645 
 (c)  Is a graduate of an accredited high school or 646 
possesses a certificate of equivalency of a high school 647 
education.; and 648 
 (d)1.  Has received an associate degree, or its equivalent, 649 
in opticianry from an educational inst itution the curriculum of 650     
 
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which is accredited by an accrediting agency recognized and 651 
approved by the United States Department of Education or the 652 
Council on Postsecondary Education or approved by the board; or 653 
 2.  Is an individual licensed to practice th e profession of 654 
opticianry pursuant to a regulatory licensing law of another 655 
state, territory, or jurisdiction of the United States, who has 656 
actively practiced in such other state, territory, or 657 
jurisdiction for more than 3 years immediately preceding 658 
application, and who meets the examination qualifications as 659 
provided in this subsection; 660 
 3.  Is an individual who has actively practiced in another 661 
state, territory, or jurisdiction of the United States for more 662 
than 5 years immediately preceding application and who provides 663 
tax or business records, affidavits, or other satisfactory 664 
documentation of such practice and who meets the examination 665 
qualifications as provided in this subsection; or 666 
 2.4. Has registered as an apprentice with the department 667 
and paid a registration fee not to exceed $60, as set by rule of 668 
the board. The apprentice shall complete 6,240 hours of training 669 
under the supervision of an optician licensed in this state for 670 
at least 1 year or of a physician or optometrist licensed under 671 
the laws of this state. These requirements must be met within 5 672 
years after the date of registration. However, any time spent in 673 
a recognized school may be considered as part of the 674 
apprenticeship program provided herein. The board may establish 675     
 
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administrative processing fees sufficient to cover the cost of 676 
administering apprentice rules as promulgated by the board. 677 
 (3)  The board shall certify to the department for 678 
licensure by endorsement any applicant who meets the 679 
requirements for licensure by endorsement und er s. 456.0145. 680 
 Section 17.  Section 486.081, Florida Statutes, is amended 681 
to read: 682 
 486.081  Physical therapist; license by endorsement 683 
issuance of license without examination to person passing 684 
examination of another authorized examining board; fee .— 685 
 (1)  The board may cause a license by endorsement to be 686 
issued through the department without examination to any 687 
applicant who presents evidence satisfactory to the board of 688 
meeting the requirements for licensure by endorsement under s. 689 
456.0145 having passed the American Registry Examination prior 690 
to 1971 or an examination in physical therapy before a similar 691 
lawfully authorized examining board of another state, the 692 
District of Columbia, a territory, or a foreign country, if the 693 
standards for licensure in physical therapy in such other state, 694 
district, territory, or foreign country are determined by the 695 
board to be as high as those of this state, as established by 696 
rules adopted pursuant to this chapter . Any person who holds a 697 
license pursuant to this sectio n may use the words "physical 698 
therapist" or "physiotherapist" or the letters "P.T." in 699 
connection with her or his name or place of business to denote 700     
 
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her or his licensure hereunder. A person who holds a license 701 
pursuant to this section and obtains a doctor al degree in 702 
physical therapy may use the letters "D.P.T." and "P.T." A 703 
physical therapist who holds a degree of Doctor of Physical 704 
Therapy may not use the title "doctor" without also clearly 705 
informing the public of his or her profession as a physical 706 
therapist. 707 
 (2)  At the time of making application for licensure by 708 
endorsement under without examination pursuant to the terms of 709 
this section, the applicant shall pay to the department a fee 710 
not to exceed $175 as fixed by the board, no part of which will 711 
be returned. 712 
 Section 18.  Section 486.107, Florida Statutes, is amended 713 
to read: 714 
 486.107  Physical therapist assistant; issuance of license 715 
by endorsement without examination to person licensed in another 716 
jurisdiction; fee.— 717 
 (1)  The board may cause a li cense by endorsement to be 718 
issued through the department without examination to any 719 
applicant who presents evidence to the board, under oath, of 720 
meeting the requirements for licensure by endorsement under s. 721 
456.0145 licensure in another state, the Distric t of Columbia, 722 
or a territory, if the standards for registering as a physical 723 
therapist assistant or licensing of a physical therapist 724 
assistant, as the case may be, in such other state are 725     
 
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determined by the board to be as high as those of this state, as 726 
established by rules adopted pursuant to this chapter . Any 727 
person who holds a license pursuant to this section may use the 728 
words "physical therapist assistant," or the letters "P.T.A.," 729 
in connection with her or his name to denote licensure 730 
hereunder. 731 
 (2)  At the time of making application for licensure by 732 
endorsement under licensing without examination pursuant to the 733 
terms of this section, the applicant shall pay to the department 734 
a nonrefundable fee set by the board in an amount not to exceed 735 
$175 as fixed by the board, no part of which will be returned . 736 
 Section 19.  Subsection (4) of section 490.006, Florida 737 
Statutes, is renumbered as subsection (2), and present 738 
subsections (1), (2), and (3) of that section are amended to 739 
read: 740 
 490.006  Licensure by endorsement.— 741 
 (1)  The department shall license a person as a 742 
psychologist or school psychologist who, upon applying to the 743 
department and remitting the appropriate fee, demonstrates to 744 
the department or, in the case of psychologists, to the board 745 
that the applicant meets the requirements for licensure by 746 
endorsement under s. 456.0145. : 747 
 (a)  Is a diplomate in good standing with the American 748 
Board of Professional Psychology, Inc.; or 749 
 (b)  Possesses a doctoral degree in psychology and has at 750     
 
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least 10 years of experience as a licensed psychologist in any 751 
jurisdiction or territory of the United States within the 25 752 
years preceding the date of application. 753 
 (2)  In addition to meeting the requirements for licensure 754 
set forth in subsection (1), an applicant mus t pass that portion 755 
of the psychology or school psychology licensure examinations 756 
pertaining to the laws and rules related to the practice of 757 
psychology or school psychology in this state before the 758 
department may issue a license to the applicant. 759 
 (3)  The department shall not issue a license by 760 
endorsement to any applicant who is under investigation in this 761 
or another jurisdiction for an act which would constitute a 762 
violation of this chapter until such time as the investigation 763 
is complete, at which tim e the provisions of s. 490.009 shall 764 
apply. 765 
 Section 20.  Subsections (1) and (2) of section 491.006, 766 
Florida Statutes, are amended to read: 767 
 491.006  Licensure or certification by endorsement. — 768 
 (1)  The department shall license or grant a certificate t o 769 
a person in a profession regulated by this chapter who, upon 770 
applying to the department and remitting the appropriate fee, 771 
demonstrates to the board that he or she meets the requirements 772 
for licensure by endorsement under s. 456.0145. : 773 
 (a)  Has demonstrated, in a manner designated by rule of 774 
the board, knowledge of the laws and rules governing the 775     
 
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practice of clinical social work, marriage and family therapy, 776 
and mental health counseling. 777 
 (b)1.  Holds an active valid license to practice and has 778 
actively practiced the licensed profession in another state for 779 
3 of the last 5 years immediately preceding licensure; 780 
 2.  Has passed a substantially equivalent licensing 781 
examination in another state or has passed the licensure 782 
examination in this state in the profession for which the 783 
applicant seeks licensure; and 784 
 3.  Holds a license in good standing, is not under 785 
investigation for an act that would constitute a violation of 786 
this chapter, and has not been found to have committed any act 787 
that would constitute a violation of this chapter. 788 
 (2) The fees paid by any applicant for certification as a 789 
master social worker under this section are nonrefundable. 790 
 (2)  The department shall not issue a license or 791 
certificate by endorsement to any applicant who is under 792 
investigation in this or another jurisdiction for an act which 793 
would constitute a violation of this chapter until such time as 794 
the investigation is complete, at which time the provisions of 795 
s. 491.009 shall apply . 796 
 Section 21.  Subsection (3 ) of section 468.209, Florida 797 
Statutes, is amended to read: 798 
 468.209  Requirements for licensure. — 799 
 (3)  If the board determines that an applicant is qualified 800     
 
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to be licensed by endorsement under s. 456.0145 s. 468.213, the 801 
board may issue the applicant a temporary permit to practice 802 
occupational therapy until the next board meeting at which 803 
license applications are to be considered, but not for a longer 804 
period of time. Only one temporary permit by endorsement shall 805 
be issued to an applicant, and it shall n ot be renewable. 806 
 Section 22.  Subsection (3) of section 486.031, Florida 807 
Statutes, is amended to read: 808 
 486.031  Physical therapist; licensing requirements. —To be 809 
eligible for licensing as a physical therapist, an applicant 810 
must: 811 
 (3)(a)  Have been grad uated from a school of physical 812 
therapy which has been approved for the educational preparation 813 
of physical therapists by the appropriate accrediting agency 814 
recognized by the Commission on Recognition of Postsecondary 815 
Accreditation or the United States Dep artment of Education at 816 
the time of her or his graduation and have passed, to the 817 
satisfaction of the board, the American Registry Examination 818 
prior to 1971 or a national examination approved by the board to 819 
determine her or his fitness for practice as a p hysical 820 
therapist as hereinafter provided; 821 
 (b)  Have received a diploma from a program in physical 822 
therapy in a foreign country and have educational credentials 823 
deemed equivalent to those required for the educational 824 
preparation of physical therapists in this country, as 825     
 
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recognized by the appropriate agency as identified by the board, 826 
and have passed to the satisfaction of the board an examination 827 
to determine her or his fitness for practice as a physical 828 
therapist as hereinafter provided; or 829 
 (c)  Be entitled to licensure by endorsement or without 830 
examination as provided in s. 486.081. 831 
 Section 23.  Subsection (3) of section 486.102, Florida 832 
Statutes, is amended to read: 833 
 486.102  Physical therapist assistant; licensing 834 
requirements.—To be eligible for l icensing by the board as a 835 
physical therapist assistant, an applicant must: 836 
 (3)(a)  Have been graduated from a school giving a course 837 
of not less than 2 years for physical therapist assistants, 838 
which has been approved for the educational preparation of 839 
physical therapist assistants by the appropriate accrediting 840 
agency recognized by the Commission on Recognition of 841 
Postsecondary Accreditation or the United States Department of 842 
Education, at the time of her or his graduation and have passed 843 
to the satisfaction of the board an examination to determine her 844 
or his fitness for practice as a physical therapist assistant as 845 
hereinafter provided; 846 
 (b)  Have been graduated from a school giving a course for 847 
physical therapist assistants in a foreign country and have 848 
educational credentials deemed equivalent to those required for 849 
the educational preparation of physical therapist assistants in 850     
 
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this country, as recognized by the appropriate agency as 851 
identified by the board, and passed to the satisfaction of the 852 
board an examination to determine her or his fitness for 853 
practice as a physical therapist assistant as hereinafter 854 
provided; 855 
 (c)  Be entitled to licensure by endorsement without 856 
examination as provided in s. 486.107; or 857 
 (d)  Have been enrolled between July 1, 20 14, and July 1, 858 
2016, in a physical therapist assistant school in this state 859 
which was accredited at the time of enrollment; and 860 
 1.  Have been graduated or be eligible to graduate from 861 
such school no later than July 1, 2018; and 862 
 2.  Have passed to the sa tisfaction of the board an 863 
examination to determine his or her fitness for practice as a 864 
physical therapist assistant as provided in s. 486.104. 865 
 Section 24.  Notwithstanding the changes made to the 866 
Florida Statutes (2023) by this act, a board as defined in s. 867 
456.001, Florida Statutes, or the Department of Health, as 868 
applicable, may continue processing applications for licensure 869 
by endorsement as authorized under the Florida Statutes (2023) 870 
until the rules adopted by such board or the department to 871 
implement the changes made by this act take effect or until 6 872 
months after the effective date of this act, whichever occurs 873 
first. 874 
 Section 25.  This act shall take effect July 1, 2024. 875