FL
Florida House Bill H1549

Florida 2024 Regular Session

Florida House Bill H1549 Compare Versions

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1010 FL 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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1414 A bill to be entitled 1
1515 An act relating to health care; amending s. 381.4018, 2
1616 F.S.; requiring physician licensees to provide to the 3
1717 Department of Health specified information; requiring 4
1818 the department to collect and compile such information 5
1919 in consultation with the Office of Prog ram Policy 6
2020 Analysis and Government Accountability; amending s. 7
2121 381.4019, F.S.; revising the purpose of the Dental 8
2222 Student Loan Repayment Program; defining the term 9
2323 "free clinic"; including dental hygienists in the 10
2424 program; revising eligibility requirements for the 11
2525 program; specifying limits on award amounts for and 12
2626 participation of dental hygienists under the program; 13
2727 deleting the maximum number of new practitioners who 14
2828 may participate in the program each fiscal year; 15
2929 specifying that dentists and dental hyg ienists must 16
3030 provide specified documentation; requiring 17
3131 practitioners who receive payments under the program 18
3232 to furnish certain information requested by the 19
3333 Department of Health; requiring the Agency for Health 20
3434 Care Administration to seek federal authority to use 21
3535 specified matching funds for the program; providing 22
3636 for future repeal of the program; transferring, 23
3737 renumbering, and amending s. 1009.65, F.S.; renaming 24
3838 the Medical Education Reimbursement and Loan Repayment 25
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4747 FL 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 Program as the "Florida Reimbursement As sistance for 26
5252 Medical Education Program"; revising the types of 27
5353 providers who are eligible to participate in the 28
5454 program; revising requirements for the distribution of 29
5555 funds under the program; requiring the Agency for 30
5656 Health Care Administration to seek fede ral authority 31
5757 to use specified matching funds for the program; 32
5858 creating s. 381.4021, F.S.; requiring the Department 33
5959 of Health to provide to the Governor and the 34
6060 Legislature an annual report on specified student loan 35
6161 repayment programs; providing requiremen ts for the 36
6262 report; requiring the department to contract with an 37
6363 independent third party to develop and conduct a 38
6464 design study for evaluating the effectiveness of 39
6565 specified student loan repayment programs; specifying 40
6666 requirements for the design study; requi ring the 41
6767 department to submit the study results to the Governor 42
6868 and the Legislature by dates certain; requiring the 43
6969 department to participate in a certain multistate 44
7070 collaborative for a specified purpose; providing for 45
7171 future repeal of the requirement; cre ating s. 46
7272 381.9855, F.S.; requiring the department to implement 47
7373 a health care screening and services grant program for 48
7474 a specified purpose; specifying duties of the 49
7575 department; authorizing nonprofit entities to apply 50
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8484 FL 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 for grant funds to implement new health care 51
8989 screening, service programs, or mobile clinics or 52
9090 units to expand the program's delivery capabilities; 53
9191 specifying requirements for grant recipients; 54
9292 authorizing the department to adopt rules; requiring 55
9393 the department to create and maintain an Internet -56
9494 based portal to provide specified information relating 57
9595 to available health care screenings and services and 58
9696 volunteer opportunities; authorizing the department to 59
9797 contract with a third -party vendor to create and 60
9898 maintain the portal; specifying requirement s for the 61
9999 portal; requiring the department to coordinate with 62
100100 county health departments for a specified purpose; 63
101101 requiring the department to include a clear and 64
102102 conspicuous link to the portal on the homepage of its 65
103103 website; requiring the department to publ icize and 66
104104 encourage the use of the portal and enlist the aid of 67
105105 county health departments for such outreach; amending 68
106106 s. 383.2163, F.S.; expanding the telehealth minority 69
107107 maternity care program from a pilot program to a 70
108108 statewide program; requiring the dep artment to submit 71
109109 to the Governor and the Legislature an annual report; 72
110110 providing requirements for the report; amending s. 73
111111 383.302, F.S.; providing and revising definitions; 74
112112 creating s. 383.3081, F.S.; providing requirements for 75
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121121 FL 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 birth centers to be designa ted as advanced birth 76
126126 centers with respect to operating procedures, 77
127127 staffing, and equipment; requiring an advanced birth 78
128128 center to enter into a written agreement with a blood 79
129129 bank for emergency blood bank services; requiring that 80
130130 a patient who receives an emergency blood transfusion 81
131131 at an advanced birth center be immediately transferred 82
132132 to a hospital for further care; requiring the agency 83
133133 to establish by rule a process for birth centers to be 84
134134 designated as advanced birth centers; amending s. 85
135135 383.309, F.S.; providing minimum standards for 86
136136 advanced birth centers; authorizing the Agency for 87
137137 Health Care Administration to enforce specified 88
138138 provisions of the Florida Building Code and the 89
139139 Florida Fire Prevention Code for advanced birth 90
140140 centers; amending s. 383.313, F.S.; conforming 91
141141 provisions to changes made by the act; creating s. 92
142142 383.3131, F.S.; providing requirements for laboratory 93
143143 and surgical services at advanced birth centers; 94
144144 providing conditions for administration of anesthesia; 95
145145 authorizing the intrapartal u se of chemical agents; 96
146146 amending s. 383.315, F.S.; requiring advanced birth 97
147147 centers to employ or maintain an agreement with an 98
148148 obstetrician for specified purposes; amending s. 99
149149 383.316, F.S.; requiring advanced birth centers to 100
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158158 FL 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 provide for the transport of e mergency patients to a 101
163163 hospital; requiring each advanced birth center to 102
164164 enter into a written transfer agreement with a local 103
165165 hospital or an obstetrician for such transfers; 104
166166 requiring birth centers and advanced birth centers to 105
167167 assess and document transpor tation services and 106
168168 transfer protocols annually; amending s. 383.318, 107
169169 F.S.; providing protocols for postpartum care of 108
170170 clients and infants at advanced birth centers; 109
171171 providing requirements for followup care; amending s. 110
172172 394.455, F.S.; revising definitions; amending s. 111
173173 394.457, F.S.; requiring the Department of Children 112
174174 and Families to adopt certain minimum standards for 113
175175 mobile crisis response services; amending s. 394.4598, 114
176176 F.S.; authorizing certain psychiatric nurses to 115
177177 provide opinions to the court for th e appointment of 116
178178 guardian advocates; authorizing certain psychiatric 117
179179 nurses to consult with guardian advocates for purposes 118
180180 of obtaining consent for treatment; amending s. 119
181181 394.4615, F.S.; authorizing psychiatric nurses to make 120
182182 certain determinations relate d to the release of 121
183183 clinical records; amending s. 394.4625, F.S.; 122
184184 requiring certain treating psychiatric nurses to 123
185185 document specified information in a patient's clinical 124
186186 record within a specified timeframe of his or her 125
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195195 FL 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 voluntary admission for mental healt h treatment; 126
200200 requiring clinical psychologists who make 127
201201 determinations of involuntary placement at certain 128
202202 mental health facilities to have specified clinical 129
203203 experience; authorizing certain psychiatric nurses to 130
204204 order emergency treatment for certain patien ts; 131
205205 amending s. 394.463, F.S.; authorizing certain 132
206206 psychiatric nurses to order emergency treatment of 133
207207 certain patients; requiring a clinical psychologist to 134
208208 have specified clinical experience to approve the 135
209209 release of an involuntary patient at certain ment al 136
210210 health facilities; amending s. 394.4655, F.S.; 137
211211 requiring clinical psychologists to have specified 138
212212 clinical experience in order to recommend involuntary 139
213213 outpatient services for mental health treatment; 140
214214 authorizing certain psychiatric nurses to recommend 141
215215 involuntary outpatient services for mental health 142
216216 treatment; providing an exception; authorizing 143
217217 psychiatric nurses to make certain clinical 144
218218 determinations that warrant bringing a patient to a 145
219219 receiving facility for an involuntary examination; 146
220220 amending s. 394.467, F.S.; requiring clinical 147
221221 psychologists to have specified clinical experience in 148
222222 order to recommend involuntary inpatient services for 149
223223 mental health treatment; authorizing certain 150
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232232 FL 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 psychiatric nurses to recommend involuntary inpatient 151
237237 services for mental health treatment; amending s. 152
238238 394.4781, F.S.; revising the definition of the term 153
239239 "psychotic or severely emotionally disturbed child"; 154
240240 amending s. 394.4785, F.S.; authorizing psychiatric 155
241241 nurses to admit individuals over a certain age into 156
242242 certain mental health units of a hospital under 157
243243 certain conditions; requiring the agency to seek 158
244244 federal approval for Medicaid coverage and 159
245245 reimbursement authority for mobile crisis response 160
246246 services; requiring the Department of Children and 161
247247 Families to coordinate wi th the agency to provide 162
248248 specified education to contracted mobile response team 163
249249 services providers; amending s. 394.875, F.S.; 164
250250 authorizing certain psychiatric nurses to prescribe 165
251251 medication to clients of crisis stabilization units; 166
252252 amending s. 395.1055, F. S.; requiring the agency to 167
253253 adopt rules ensuring that hospitals do not accept 168
254254 certain payments and requiring certain hospitals to 169
255255 submit an emergency department diversion plan to the 170
256256 agency for approval before initial licensure or 171
257257 licensure renewal; provid ing that, beginning on a date 172
258258 certain, such plan must be approved before a license 173
259259 may be issued or renewed; requiring such hospitals to 174
260260 submit specified data to the agency on an annual basis 175
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269269 FL 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 and update their plans as needed, or as directed by 176
274274 the agency, before each licensure renewal; specifying 177
275275 requirements for the diversion plans; requiring the 178
276276 agency to establish a process for hospitals to share 179
277277 certain information with certain patients' managed 180
278-care plans; amending s. 408.051, F.S.; requiring 181
279-certain hospitals to make available certain data to 182
280-the agency's Florida Health Information Exchange 183
281-program for a specified purpose; authorizing the 184
282-agency to adopt rules; amending s. 409.909, F.S.; 185
283-authorizing the agency to allocate specified funds 186
284-under the Slots for Doctors Program for existing 187
285-resident positions at hospitals and qualifying 188
286-institutions if certain conditions are met; requiring 189
287-hospitals and qualifying institutions that receive 190
288-certain state funds to report specified data to the 191
289-agency annually; requiring certain hospitals and 192
290-qualifying institutions to annually report to the 193
291-agency specified data; defining the term "sponsoring 194
292-institution"; requiring such hospitals and qualifying 195
293-institutions, beginning on a date certain, to produce 196
294-certain financial records or submit to certain 197
295-financial audits; providing applicability; providing 198
296-that hospitals and qualifying institutions that fail 199
297-to produce such financial records to the agency are no 200
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306-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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310-longer eligible to participate in the Statewide 201
311-Medicaid Residency Program until a certain 202
312-determination is made by the agency; requiring 203
313-hospitals and qualifying institutions to request exit 204
314-surveys of residents upon completion of residency; 205
315-providing requirements for the exit surveys; creating 206
316-the Graduate Medical Education Committee within the 207
317-agency; providing for membership and meetings of the 208
318-committee; requiring the committee, beginning on a 209
319-specified date, to submit to the Governor and the 210
320-Legislature an annual report detailing specified 211
321-information; requirin g the agency to provide 212
322-administrative support to assist the committee in the 213
323-performance of its duties and to provide certain 214
324-information to the committee; creating s. 409.91256, 215
325-F.S.; creating the Training, Education, and Clinicals 216
326-in Health (TEACH) Fund ing Program for a specified 217
327-purpose; providing legislative intent; providing 218
328-definitions; requiring the agency to develop an 219
329-application process and enter into certain agreements 220
330-to implement the program; specifying requirements to 221
331-qualify to receive reimb ursements under the program; 222
332-requiring the agency, in consultation with the 223
333-Department of Health, to develop, or contract for the 224
334-development of, specified training for, and to provide 225
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343-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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347-assistance to, preceptors; providing for reimbursement 226
348-under the program; requiring the agency to submit to 227
349-the Governor and the Legislature an annual report; 228
350-providing requirements for the report; requiring the 229
351-agency to contract with an independent third party to 230
352-develop and conduct a design study for evaluating the 231
353-impact of the program; specifying requirements for the 232
354-design study; requiring the agency to begin collecting 233
355-data for the study and submit the study results to the 234
356-Governor and the Legislature by dates certain; 235
357-authorizing the agency to adopt rules; requiring th e 236
358-agency to seek federal approval to use specified 237
359-matching funds for the program; providing for future 238
360-repeal of the program; amending s. 409.967, F.S.; 239
361-requiring the agency to produce an annual report on 240
362-patient encounter data under the statewide managed 241
363-care program; providing requirements for the report; 242
364-requiring the agency to submit to the Governor and the 243
365-Legislature the report by a date certain; authorizing 244
366-the agency to contract with a third -party vendor to 245
367-produce the report; amending s. 409.973, F.S.; 246
368-requiring Medicaid managed care plans to continue 247
369-assisting certain enrollees in scheduling an initial 248
370-appointment with a primary care provider; requiring 249
371-such plans to coordinate with hospitals that contact 250
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380-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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384-them for a specified purpose; requiring th e plans to 251
385-coordinate with their members and members' primary 252
386-care providers for such purpose; requiring the agency 253
387-to seek federal approval necessary to implement an 254
388-acute hospital care at home program meeting specified 255
389-criteria; amending s. 456.073, F.S. ; requiring the 256
390-Department of Health to report certain investigative 257
391-information to the data system; amending s. 456.076, 258
392-F.S.; requiring that monitoring contracts for certain 259
393-impaired practitioners participating in treatment 260
394-programs contain specified ter ms; creating s. 261
395-456.4501, F.S.; enacting the Interstate Medical 262
396-Licensure Compact in this state; providing purposes of 263
397-the compact; providing that state medical boards of 264
398-member states retain jurisdiction to impose adverse 265
399-action against licenses issued un der the compact; 266
400-providing definitions; specifying eligibility 267
401-requirements for physicians seeking an expedited 268
402-license under the compact; providing requirements for 269
403-designation of a state of principal license for 270
404-purposes of the compact; authorizing the I nterstate 271
405-Medical Licensure Compact Commission to develop 272
406-certain rules; providing an application and 273
407-verification process for expedited licensure under the 274
408-compact; providing for expiration and termination of 275
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417-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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421-expedited licenses; authorizing the Interstate 276
422-Commission to develop certain rules; providing 277
423-requirements for renewal of expedited licenses; 278
424-authorizing the Interstate Commission to develop 279
425-certain rules; providing for the establishment of a 280
426-database for coordinating licensure data amongst 281
427-member states; requiring and authorizing member boards 282
428-to report specified information to the database; 283
429-providing for confidentiality of such information; 284
430-providing construction; authorizing the Interstate 285
431-Commission to develop certain rules; authorizing 286
432-member states to conduct joint investigations and 287
433-share certain materials; providing for disciplinary 288
434-action of physicians licensed under the compact; 289
435-creating the Interstate Medical Licensure Compact 290
436-Commission; providing purpose and authority of the 291
437-commission; providing for membership and meetings of 292
438-the commission; providing public meeting and notice 293
439-requirements; authorizing closed meetings under 294
440-certain circumstances; providing public record 295
441-requirements; requiring the commission to establish an 296
442-executive committee; providing for membership, powers, 297
443-and duties of the committee; authorizing the 298
444-commission to establish other committees; specifying 299
445-powers and duties of the commission; providing for 300
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454-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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458-financing of the commission; providing for 301
459-organization and operatio n of the commission; 302
460-providing limited immunity from liability for 303
461-commissioners and other agents or employees of the 304
462-commission; authorizing the commission to adopt rules; 305
463-providing for rulemaking procedures, including public 306
464-notice and meeting requiremen ts; providing for 307
465-judicial review of adopted rules; providing for 308
466-oversight and enforcement of the compact in member 309
467-states; requiring courts in member states to take 310
468-judicial notice of the compact and the commission 311
469-rules for purposes of certain proceedin gs; providing 312
470-that the commission is entitled to receive service of 313
471-process and has standing in certain proceedings; 314
472-rendering judgments or orders void as to the 315
473-commission, the compact, or commission rules under 316
474-certain circumstances; providing for enforc ement of 317
475-the compact; specifying venue and civil remedies in 318
476-such proceedings; providing for attorney fees; 319
477-providing construction; specifying default procedures 320
478-for member states; providing for dispute resolution 321
479-between member states; providing for eligi bility and 322
480-procedures for enactment of the compact; providing for 323
481-amendment to the compact; specifying procedures for 324
482-withdrawal from and subsequent reinstatement of the 325
483-
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491-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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495-compact; authorizing the Interstate Commission to 326
496-develop certain rules; providing for dissolution of 327
497-the compact; providing severability and construction; 328
498-creating s. 456.4502, F.S.; providing that a formal 329
499-hearing before the Division of Administrative Hearings 330
500-must be held if there are any disputed issues of 331
501-material fact when the license s of certain physicians 332
502-and osteopathic physicians are suspended or revoked by 333
503-this state under the compact; requiring the Department 334
504-of Health to notify the Division of Administrative 335
505-Hearings of a petition for a formal hearing within a 336
506-specified timeframe; requiring the administrative law 337
507-judge to issue a recommended order; requiring the 338
508-Board of Medicine or the Board of Osteopathic 339
509-Medicine, as applicable, to determine and issue final 340
510-orders in certain cases; providing the department with 341
511-standing to seek judicial review of any final order of 342
512-the boards; creating s. 456.4504, F.S.; authorizing 343
513-the department to adopt rules; specifying that 344
514-provisions of the Interstate Medical Licensure Compact 345
515-do not authorize the Department of Health, the Board 346
516-of Medicine, or the Board of Osteopathic Medicine to 347
517-collect a fee for expedited licensure, but rather 348
518-state that fees of that kind are allowable under the 349
519-compact; amending s. 458.311, F.S.; revising an 350
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528-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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532-education and training requirement for physician 351
533-licensure; exempting certain foreign -trained 352
534-applicants for physician licensure from the residency 353
535-requirement; providing certain employment requirements 354
536-for such applicants; requiring such applicants to 355
537-notify the Board of Medicine of any changes in 356
538-employment within a specified timeframe; repealing s. 357
539-458.3124, F.S., relating to restricted licenses of 358
540-certain experienced foreign -trained physicians; 359
541-amending s. 458.314, F.S.; authorizing the board to 360
542-exclude certain foreign medical schools from 361
543-consideration as an ins titution that provides medical 362
544-education that is reasonably comparable to similar 363
545-accredited institutions in the United States; 364
546-providing construction; deleting obsolete language; 365
547-amending s. 458.3145, F.S.; revising criteria for 366
548-medical faculty certificat es; deleting a cap on the 367
549-maximum number of extended medical faculty 368
550-certificates that may be issued at specified 369
551-institutions; amending ss. 458.315 and 459.0076, F.S.; 370
552-authorizing temporary certificates for practice in 371
553-areas of critical need to be issued to physician 372
554-assistants, rather than only to physicians, who meet 373
555-specified criteria; amending ss. 458.317 and 459.0075, 374
556-F.S.; specifying who may be considered a graduate 375
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565-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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569-assistant physician; creating limited licenses for 376
570-graduate assistant physicians; spe cifying criteria a 377
571-person must meet to obtain such licensure; requiring 378
572-the Board of Medicine and the Board of Osteopathic 379
573-Medicine, respectively, to establish certain 380
574-requirements by rule; providing for a one -time renewal 381
575-of such licenses; authorizing lim ited licensed 382
576-graduate assistant physicians to provide health care 383
577-services only under the direct supervision of a 384
578-physician and pursuant to a written protocol; 385
579-providing requirements for, and limitations on, such 386
580-supervision and practice; providing requir ements for 387
581-the supervisory protocols; providing that supervising 388
582-physicians are liable for any acts or omissions of 389
583-such graduate assistant physicians acting under their 390
584-supervision and control; authorizing third -party 391
585-payors to provide reimbursement for c overed services 392
586-rendered by graduate assistant physicians; authorizing 393
587-the Board of Medicine and the Board of Osteopathic 394
588-Medicine, respectively, to adopt rules; creating s. 395
589-464.0121, F.S.; providing that temporary certificates 396
590-for practice in areas of cri tical need may be issued 397
591-to advanced practice registered nurses who meet 398
592-specified criteria; providing restrictions on the 399
593-issuance of temporary certificates; waiving licensure 400
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600-hb1549-02-c2
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602-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
603-
604-
605-
606-fees for such applicants under certain circumstances; 401
607-amending s. 464.0123, F.S .; requiring certain 402
608-certified nurse midwives, as a condition precedent to 403
609-providing out-of-hospital intrapartum care, to 404
610-maintain a written policy for the transfer of patients 405
611-needing a higher acuity of care or emergency services; 406
612-requiring that such poli cy prescribe and require the 407
613-use of an emergency plan -of-care form; providing 408
614-requirements for the form; requiring such certified 409
615-nurse midwives to document specified information on 410
616-the form if a transfer of care is determined to be 411
617-necessary; requiring ce rtified nurse midwives to 412
618-verbally provide the receiving provider with specified 413
619-information and make himself or herself immediately 414
620-available for consultation; requiring certified nurse 415
621-midwives to provide the patient's emergency plan -of-416
622-care form, as well as certain patient records, to the 417
623-receiving provider upon the patient's transfer; 418
624-requiring the Board of Nursing to adopt certain rules; 419
625-amending s. 464.019, F.S.; deleting the sunset date of 420
626-a certain annual report required of the Florida Center 421
627-for Nursing; creating s. 458.3129 and 459.074, F.S.; 422
628-providing that an allopathic physician or an 423
629-osteopathic physician, respectively, licensed under 424
630-the compact is deemed to be licensed under ch. 458, 425
631-
632-CS/CS/HB 1549 2024
633-
634-
635-
636-CODING: Words stricken are deletions; words underlined are additions.
637-hb1549-02-c2
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639-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
640-
641-
642-
643-F.S., or ch. 459, F.S., as applicable; amending s. 426
644-468.1135, F.S.; requiring the Board of Speech -Language 427
645-Pathology and Audiology to appoint two of its board 428
646-members to serve as the state's delegates on the 429
647-compact commission; amending s. 468.1185, F.S.; 430
648-removing provisions relating to licensure by 431
649-endorsement and refusal of certification for speech -432
650-language pathologists and audiologists; exempting 433
651-audiologists and speech -language pathologists from 434
652-licensure requirements who are practicing in this 435
653-state pursuant to a compact privilege under the 436
654-compact; amending s. 468.1295, F.S.; authorizing the 437
655-board to take adverse action against the compact 438
656-privilege of audiologists and speech -language 439
657-pathologists for specified prohibited acts; creating 440
658-s. 468.1335, F.S.; creating the Practice of Audiology 441
659-and Speech-language Pathology Interstate Compact; 442
660-providing purpose, objectives, and definitions; 443
661-specifying requirements for state participation in the 444
662-compact and duties of member states; specifying that 445
663-the compact does not affect an individual's ability to 446
664-apply for, and a member state's ability to grant, a 447
665-single-state license pursuant to the laws of that 448
666-state; providing for recognition of compact privilege 449
667-in member states; specifying criteria a licensee must 450
668-
669-CS/CS/HB 1549 2024
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671-
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674-hb1549-02-c2
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676-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
677-
678-
679-
680-meet for compact privilege; providing for the 451
681-expiration and renewal of compact privilege; 452
682-specifying that a licensee with compact privilege in a 453
683-remote state must adhere to the laws and rules of that 454
684-state; authorizing member states to act on a 455
685-licensee's compact privilege under certain 456
686-circumstances; specifying the consequences and 457
687-parameters of practice for a licensee whose compact 458
688-privilege has been acted on or whose home state 459
689-license is encumbered; specifying that a licensee may 460
690-hold a home state license in only one member state at 461
691-a time; specifying requirements and procedures for 462
692-changing a home state license designation; providing 463
693-for the recognition of the practice of audiology and 464
694-speech-language pathology through telehealth in member 465
695-states; specifying that a licensee must adhere to the 466
696-laws and rules of the remote state in which he or she 467
697-provides audiology or speech -language pathology 468
698-through telehealth; authorizing active duty military 469
699-personnel and their spouses to keep their home state 470
700-designation during active duty; specifying how such 471
701-individual may subsequently change his or her home 472
702-state license designation; authorizing member states 473
703-to take adverse actions against licensees and issue 474
704-subpoenas for hearings and investigations under 475
705-
706-CS/CS/HB 1549 2024
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708-
709-
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713-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
714-
715-
716-
717-certain circumstances; providing requirements and 476
718-procedures for such adverse action; authorizing member 477
719-states to engage in joint investigations under certain 478
720-circumstances; providing that a licensee's compact 479
721-privilege must be deactivated in all member states for 480
722-the duration of an encumbrance imposed by the 481
723-licensee's home state; providing for notice to the 482
724-data system and the licensee's home state of any 483
725-adverse action taken against a licensee; establishing 484
726-the Audiology and Speech -language Pathology Interstate 485
727-Compact Commission; providing for jurisdiction and 486
728-venue for court proceedings; providing for membership 487
729-and powers of the commission; specifying powers and 488
730-duties of the commission's executive committee; 489
731-providing for the financing of the commission; 490
732-providing specified individuals immunity from civil 491
733-liability under certain circumstances; providing 492
734-exceptions; requiring the commission to defend the 493
735-specified individuals in civil actions under certain 494
736-circumstances; requiring the commission to indemnify 495
737-and hold harmless specified individuals for any 496
738-settlement or judgment obtained in such actions under 497
739-certain circumstances; providing for the development 498
740-of the data system, reporting procedures, and the 499
741-exchange of specified information between member 500
742-
743-CS/CS/HB 1549 2024
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745-
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750-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
751-
752-
753-
754-states; requiring the commission to notify member 501
755-states of any adverse action taken against a licensee 502
756-or applicant for licensure; authorizing member states 503
757-to designate as confidential information provided to 504
758-the data system; requiring the commission to remove 505
759-information from the data system under certain 506
760-circumstances; providing rulemaking procedures for the 507
761-commission; providing for member state enforcement of 508
762-the compact; authorizing the commission to receive 509
763-notice of process, and have standing to intervene, in 510
764-certain proceedings; rendering certain judgments and 511
765-orders void as to the commission, the compact, or 512
766-commission rules under certain circumstances; 513
767-providing for defaults and termination of compact 514
768-membership; providing procedures for the resolution of 515
769-certain disputes; providing for commission enforcement 516
770-of the compact; providing for remedies; providing for 517
771-implementation of, withdrawal from, and amendment to 518
772-the compact; specifying that licensees practicing in a 519
773-remote state under the compact must adhere to the laws 520
774-and rules of that state; specifying th at the compact, 521
775-commission rules, and commission actions are binding 522
776-on member states; providing construction; providing 523
777-for severability; specifying that the provisions of 524
778-the Physical Therapy Licensure Compact do not 525
779-
780-CS/CS/HB 1549 2024
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787-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
788-
789-
790-
791-authorize the Department of Health or the Board of 526
792-Physical Therapy to collect a compact privilege fee, 527
793-but rather state that fees of that kind are allowable 528
794-under the compact; authorizing the Department of 529
795-Health or the Board of Speech -Language Pathology and 530
796-Audiology to collect a compact pr ivilege fee; amending 531
797-ss. 486.028, 486.031, and 486.102, F.S.; exempting 532
798-from licensure requirements physical therapists and 533
799-physical therapist assistants who are practicing in 534
800-this state pursuant to a compact privilege under the 535
801-compact; revising licensur e requirements to include 536
802-licensure by endorsement to practice as a physical 537
803-therapist; creating s. 486.112, F.S.; creating the 538
804-Physical Therapy Licensure Compact; providing a 539
805-purpose and objectives of the compact; providing 540
806-definitions; specifying require ments for state 541
807-participation in the compact; authorizing member 542
808-states to obtain biometric -based information from and 543
809-conduct criminal background checks on licensees 544
810-applying for a compact privilege; requiring member 545
811-states to grant the compact privilege to licensees who 546
812-meet specified criteria; specifying criteria licensees 547
813-must meet to exercise the compact privilege under the 548
814-compact; providing for the expiration of the compact 549
815-privilege; requiring licensees practicing in a remote 550
816-
817-CS/CS/HB 1549 2024
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824-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
825-
826-
827-
828-state under the compact privilege to comply with the 551
829-laws and rules of that state; subjecting licensees to 552
830-the regulatory authority of remote states where they 553
831-practice under the compact privilege; providing for 554
832-disciplinary action; specifying circumstances under 555
833-which licensees are ineligible for a compact 556
834-privilege; specifying conditions that a licensee must 557
835-meet to regain his or her compact privilege after an 558
836-adverse action; specifying locations active duty 559
837-military personnel and their spouses may use to 560
838-designate their home s tate for purposes of the 561
839-compact; providing that only a home state may impose 562
840-adverse action against a license issued by that state; 563
841-authorizing home states to take adverse action based 564
842-on investigative information of a remote state, 565
843-subject to certain req uirements; directing member 566
844-states that use alternative programs in lieu of 567
845-discipline to require the licensee to agree not to 568
846-practice in other member states while participating in 569
847-the program, unless authorized by the member state; 570
848-authorizing member sta tes to investigate violations by 571
849-licensees in other member states; authorizing member 572
850-states to take adverse action against compact 573
851-privileges issued in their respective states; 574
852-providing for joint investigations of licensees under 575
853-
854-CS/CS/HB 1549 2024
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857-
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859-hb1549-02-c2
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861-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
862-
863-
864-
865-the compact; establishin g the Physical Therapy Compact 576
866-Commission; providing for the venue and jurisdiction 577
867-for court proceedings by or against the commission; 578
868-providing construction; providing for commission 579
869-membership, voting, and meetings; authorizing the 580
870-commission to convene closed, nonpublic meetings under 581
871-certain circumstances; specifying duties and powers of 582
872-the commission; providing for membership and duties of 583
873-the executive board of the commission; providing for 584
874-financing of the commission; providing for qualified 585
875-immunity, defense, and indemnification of the 586
876-commission; requiring the commission to develop and 587
877-maintain a coordinated database and reporting system 588
878-for certain information about licensees under the 589
879-compact; requiring member states to submit specified 590
880-information to the system; requiring that information 591
881-contained in the system be available only to member 592
882-states; requiring the commission to promptly notify 593
883-all member states of reported adverse action taken 594
884-against licensees or applicants for licensure; 595
885-authorizing member states to designate reported 596
886-information as exempt from public disclosure; 597
887-providing for the removal of submitted information 598
888-from the system under certain circumstances; providing 599
889-for commission rulemaking; providing construction; 600
890-
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898-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
899-
900-
901-
902-providing for state enforcement of the compact; 601
903-providing for the default and termination of compact 602
904-membership; providing for appeals and costs; providing 603
905-procedures for the resolution of certain disputes; 604
906-providing for enforcement against a defaulting state; 605
907-providing construction; providing for implementation 606
908-and administration of the compact and associated 607
909-rules; providing that compact states that join after 608
910-initial adoption of the commission's rules are subject 609
911-to such rules; specifying procedures for compact 610
912-states to withdraw from the compact; providing 611
913-construction; providing for amendment of the compact; 612
914-providing construction and severability; specifying 613
915-that the provisions of the Physical Therapy Licensure 614
916-Compact do not authorize the Department of Health or 615
917-the Board of Physical Therapy to collect a compact 616
918-privilege fee, but rather state that fees of that kind 617
919-are allowable under the compact; amending s. 486.023, 618
920-F.S.; requiring the Board of Physical Therapy Practice 619
921-to appoint a person to serve as the state' s delegate 620
922-on the Physical Therapy Compact Commission; amending 621
923-s. 486.125, F.S.; authorizing the board to take 622
924-adverse action against the compact privilege of 623
925-physical therapists and physical therapist assistants 624
926-for specified prohibited acts; amending s. 766.1115, 625
927-
928-CS/CS/HB 1549 2024
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930-
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935-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
936-
937-
938-
939-F.S.; revising the definition of the term "low -income" 626
940-for purposes of certain government contracts for 627
941-health care services; amending s. 768.28, F.S.; 628
942-designating the state delegates and other members or 629
943-employees of the Interstate Medical Lice nsure Compact 630
944-Commission, the Audiology and Speech -Language 631
945-Pathology Interstate Compact Commission, and the 632
946-Physical Therapy Compact Commission as state agents 633
947-for the purpose of applying sovereign immunity and 634
948-waivers of sovereign immunity; requiring the 635
949-commission to pay certain claims or judgments; 636
950-authorizing the commission to maintain insurance 637
951-coverage to pay such claims or judgments; amending s. 638
952-1002.32, F.S.; requiring developmental research 639
953-schools to develop programs for a specified purpose; 640
954-requiring schools to offer technical assistance to any 641
955-school district seeking to replicate the school's 642
956-programs; requiring schools, beginning on a date 643
957-certain, to annually report to the Legislature on the 644
958-development of such programs and the results, when 645
959-available; amending s. 1004.015, F.S.; requiring the 646
960-Commission for Independent Education and the 647
961-Independent Colleges and Universities of Florida to 648
962-annually report specified data for each medical school 649
963-graduate; amending s. 1009.8962, F.S.; revising the 650
964-
965-CS/CS/HB 1549 2024
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972-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
973-
974-
975-
976-definition of the term "institution" for purposes of 651
977-the Linking Industry to Nursing Education (LINE) Fund; 652
978-requiring the Board of Governors and the Department of 653
979-Education to submit to the Governor and the 654
980-Legislature a specified report; amending ss. 486. 025, 655
981-486.0715, and 486.1065, F.S.; conforming cross -656
982-references; amending ss. 395.602, 458.316, and 657
983-458.3165, F.S.; conforming provisions to changes made 658
984-by the act; providing appropriations; providing a 659
985-directive to the department; providing effective 660
986-dates. 661
987- 662
988-Be It Enacted by the Legislature of the State of Florida: 663
989- 664
990- Section 1. Paragraph (f) of subsection (3) of section 665
991-381.4018, Florida Statutes, is amended, and subsection (5) is 666
992-added to that section, to read: 667
993- 381.4018 Physician workforce assess ment and development. — 668
994- (3) GENERAL FUNCTIONS. —The department shall maximize the 669
995-use of existing programs under the jurisdiction of the 670
996-department and other state agencies and coordinate governmental 671
997-and nongovernmental stakeholders and resources in order to 672
998-develop a state strategic plan and assess the implementation of 673
999-such strategic plan. In developing the state strategic plan, the 674
1000-department shall: 675
1001-
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1009-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
1010-
1011-
1012-
1013- (f) Develop strategies to maximize federal and state 676
1014-programs that provide for the use of incentives to attract 677
1015-physicians to this state or retain physicians within the state. 678
1016-Such strategies should explore and maximize federal -state 679
1017-partnerships that provide incentives for physicians to practice 680
1018-in federally designated shortage areas, in otherwise medicall y 681
1019-underserved areas, or in rural areas. Strategies shall also 682
1020-consider the use of state programs, such as the Florida 683
1021-Reimbursement Assistance for Medical Education Reimbursement and 684
1022-Loan Repayment Program pursuant to s. 381.402 s. 1009.65, which 685
1023-provide for education loan repayment or loan forgiveness and 686
1024-provide monetary incentives for physicians to relocate to 687
1025-underserved areas of the state. 688
1026- 689
1027-The department may adopt rules to implement this subsection, 690
1028-including rules that establish guidelines to impleme nt the 691
1029-federal Conrad 30 Waiver Program created under s. 214(l) of the 692
1030-Immigration and Nationality Act. 693
1031- (5) DATA COLLECTION. —To facilitate ongoing monitoring and 694
1032-analyses of the state's graduate medical education system, the 695
1033-department shall require phys ician licensees to provide the 696
1034-following information: 697
1035- (a) For each licensed resident and physician, the state in 698
1036-which he or she attended medical school, the state in which he 699
1037-or she was trained in graduate medical education programs, his 700
1038-
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1046-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
1047-
1048-
1049-
1050-or her graduate medical education specialty, and the beginning 701
1051-date and completion date of his or her graduate medical 702
1052-education training. 703
1053- (b) For each licensed resident and physician who received 704
1054-graduate medical education in Florida, the name of the medical 705
1055-school, accredited program, and sponsoring institution. 706
1056- 707
1057-The department shall collect and compile the information 708
1058-required by this subsection in consultation with the Office of 709
1059-Program Policy Analysis and Government Accountability. 710
1060- Section 2. Section 381.4019, Florida Statutes, is amended 711
1061-to read: 712
1062- 381.4019 Dental Student Loan Repayment Program. —The Dental 713
1063-Student Loan Repayment Program is established to support the 714
1064-state Medicaid program and promote access to dental care by 715
1065-supporting qualified dentists and dental hygienists who treat 716
1066-medically underserved populations in dental health professional 717
1067-shortage areas or medically underserved areas. 718
1068- (1) As used in this section, the term: 719
1069- (a) "Dental health professional shortage area" means a 720
1070-geographic area designated as such by the Health Resources and 721
1071-Services Administration of the United States Department of 722
1072-Health and Human Services. 723
1073- (b) "Department" means the Department of Health. 724
1074- (c) "Free clinic" means a provider that meets the 725
1075-
1076-CS/CS/HB 1549 2024
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1083-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
1084-
1085-
1086-
1087-description of a clinic specified in s. 766.1115(3)(d)14. 726
1088- (d)(c) "Loan program" means the Dental Student Loan 727
1089-Repayment Program. 728
1090- (e)(d) "Medically underserved area" means a geographic 729
1091-area, an area having a special population, or a facility which 730
1092-is designated by department rule as a health professional 731
1093-shortage area as defined by federal regulation and which has a 732
1094-shortage of dental health professionals who serve Medicaid 733
1095-recipients and other low -income patients. 734
1096- (f)(e) "Public health program" means a county health 735
1097-department, the Children's Medical Services program, a federally 736
1098-funded community health center, a federally funded migrant 737
1099-health center, or other publicly funded or nonprofit health care 738
1100-program designated by the department. 739
1101- (2) The department shall establish a dental student loan 740
1102-repayment program to benefit Florida -licensed dentists and 741
1103-dental hygienists who: 742
1104- (a) Demonstrate, as required by department rule, active 743
1105-employment in a public health program or private practice that 744
1106-serves Medicaid recipients and other low-income patients and is 745
1107-located in a dental health professional shortage area or a 746
1108-medically underserved area. 747
1109- (b) Volunteer 25 hours per year providing dental services 748
1110-in a free clinic that is located in a dental health professional 749
1111-shortage area or a medically underserved area or through another 750
1112-
1113-CS/CS/HB 1549 2024
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1120-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
1121-
1122-
1123-
1124-volunteer program operated by the state pursuant to part IV of 751
1125-chapter 110. In order to meet the requirements of this 752
1126-paragraph, the volunteer hours must be verifiable in a manner 753
1127-determined by the dep artment. 754
1128- (3) The department shall award funds from the loan program 755
1129-to repay the student loans of a dentist or dental hygienist who 756
1130-meets the requirements of subsection (2). 757
1131- (a) An award shall be 20 percent of a dentist's or dental 758
1132-hygienist's principa l loan amount at the time he or she applies 759
1133-for the program but may not exceed $50,000 per year per eligible 760
1134-dentist or $7,500 per year per eligible dental hygienist . 761
1135- (b) Only loans to pay the costs of tuition, books, dental 762
1136-equipment and supplies, unifo rms, and living expenses may be 763
1137-covered. 764
1138- (c) All repayments are contingent upon continued proof of 765
1139-eligibility and must be made directly to the holder of the loan. 766
1140-The state bears no responsibility for the collection of any 767
1141-interest charges or other rema ining balances. 768
1142- (d) A dentist or dental hygienist may receive funds under 769
1143-the loan program for at least 1 year, up to a maximum of 5 770
1144-years. 771
1145- (e) The department shall limit the number of new dentists 772
1146-participating in the loan program to not more than 10 per fiscal 773
1147-year. 774
1148- (4) A dentist or dental hygienist is not is no longer 775
1149-
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1157-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
1158-
1159-
1160-
1161-eligible to receive funds under the loan program if the dentist 776
1162-or dental hygienist: 777
1163- (a) Is no longer employed by a public health program or 778
1164-private practice that meets the requirem ents of subsection (2) 779
1165-or does not verify, in a manner determined by the department, 780
1166-that he or she has volunteered his or her dental services for 781
1167-the required number of hours . 782
1168- (b) Ceases to participate in the Florida Medicaid program. 783
1169- (c) Has disciplinary action taken against his or her 784
1170-license by the Board of Dentistry for a violation of s. 466.028. 785
1171- (5) A dentist or dental hygienist who receives payment 786
1172-under the program shall furnish information requested by the 787
1173-department for the purpose of the de partment's duties under s. 788
1174-381.4021. 789
1175- (6)(5) The department shall adopt rules to administer the 790
1176-loan program. 791
1177- (7)(6) Implementation of the loan program is subject to 792
1178-legislative appropriation. 793
1179- (8) The Agency for Health Care Administration shall seek 794
1180-federal authority to use Title XIX matching funds for this 795
1181-program. 796
1182- (9) This section is repealed on July 1, 2034. 797
1183- Section 3. Section 1009.65, Florida Statutes, is amended, 798
1184-transferred, and renumbered as section 381.402, Florida 799
1185-Statutes, and amended, to read: 800
1186-
1187-CS/CS/HB 1549 2024
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1194-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
1195-
1196-
1197-
1198- 381.402 1009.65 Florida Reimbursement Assistance for 801
1199-Medical Education Reimbursement and Loan Repayment Program.— 802
1200- (1) To support the state Medicaid program and to encourage 803
1201-qualified medical professionals to practice in underserved 804
1202-locations where there are shortages of such personnel, there is 805
1203-established the Florida Reimbursement Assistance for Medical 806
1204-Education Reimbursement and Loan Repayment Program. The function 807
1205-of the program is to make payments that offset loans and 808
1206-educational expenses incurred by students for studies leading to 809
1207-a medical or nursing degree, medical or nursing licensure, or 810
1208-advanced practice registered nurse licensure or physician 811
1209-assistant licensure. 812
1210- (2) The following licensed or certified health care 813
1211-practitioners professionals are eligible to participate in the 814
1212-this program: 815
1213- (a) Medical doctors and doctors of osteopathic medicine 816
1214-practicing in with primary care specialties ., doctors of 817
1215-osteopathic medicine with primary care specialties 818
1216- (b) Advanced practice registered nurses practicing in 819
1217-primary care specialties , physician assistants, licensed 820
1218-practical nurses and registered nurses, and advanced practice 821
1219-registered nurses with primar y care specialties such as 822
1220-certified nurse midwives . 823
1221- (c) Physician assistants. 824
1222- (d) Mental health professionals, including licensed 825
1223-
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1231-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
1232-
1233-
1234-
1235-clinical social workers, licensed marriage and family 826
1236-therapists, licensed mental health counselors, and licensed 827
1237-psychologists. 828
1238- (e) Licensed practical nurses and registered nurses. 829
1239- 830
1240-Primary care medical specialties for physicians include 831
1241-obstetrics, gynecology, general and family practice, geriatrics, 832
1242-internal medicine, pediatrics, psychiatry, and other specialties 833
1243-that which may be identified by the Department of Health. 834
1244-Primary care specialties for advanced practice registered nurses 835
1245-include family practice, general pediatrics, general internal 836
1246-medicine, midwifery, and psychiatric nursing. 837
1247- (3) From the funds available, the Department of Health 838
1248-shall make payments as follows: 839
1249- (a)1. For a 4-year period of continued proof of practice 840
1250-in a setting specified in paragraph (b), up to $150,000 for 841
1251-physicians, up to $90,000 for advanced practice registered 842
1252-nurses registered to engage in autonomous practice under s. 843
1253-464.0123, up to $75,000 for advanced practice registered nurses, 844
1254-physician assistants, and mental health professionals, and up to 845
1255-$45,000 up to $4,000 per year for licensed practical nurses and 846
1256-registered nurses. Each practitioner is eligible to receive an 847
1257-award for only one 4 -year period of continued proof of practice. 848
1258-At the end of each year that a practitioner participates in the 849
1259-program, the department shall award 25 percent of a 850
1260-
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1268-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
1269-
1270-
1271-
1272-practitioner's principal loan amou nt at the time he or she 851
1273-applied for the program , up to $10,000 per year for advanced 852
1274-practice registered nurses and physician assistants, and up to 853
1275-$20,000 per year for physicians . Penalties for noncompliance are 854
1276-shall be the same as those in the National Health Services Corps 855
1277-Loan Repayment Program. Educational expenses include costs for 856
1278-tuition, matriculation, registration, books, laboratory and 857
1279-other fees, other educational costs, and reasonable living 858
1280-expenses as determined by the Department of Health. 859
1281- (b)2. All payments are contingent on continued proof of : 860
1282- 1.a. Primary care practice in a rural hospital as an area 861
1283-defined in s. 395.602(2)(b) , or an underserved area designated 862
1284-by the Department of Health, provided the practitioner accepts 863
1285-Medicaid reimbursement if eligible for such reimbursement ; or 864
1286- b. For practitioners other than physicians and advanced 865
1287-practice registered nurses, practice in other settings, 866
1288-including, but not limited to, a nursing home facility as 867
1289-defined in s. 400.021, a home he alth agency as defined in s. 868
1290-400.462, or an intermediate care facility for the 869
1291-developmentally disabled as defined in s. 400.960. Any such 870
1292-setting must be located in, or serve residents or patients in, 871
1293-an underserved area designated by the Department of He alth and 872
1294-must provide services to Medicaid patients. 873
1295- 2. Providing 25 hours annually of volunteer primary care 874
1296-services in a free clinic as specified in s. 766.1115(3)(d)14. 875
1297-
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1305-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
1306-
1307-
1308-
1309-or through another volunteer program operated by the state 876
1310-pursuant to part IV of chapter 110. In order to meet the 877
1311-requirements of this subparagraph, the volunteer hours must be 878
1312-verifiable in a manner determined by the department . 879
1313- (c) Correctional facilities, state hospitals, and other 880
1314-state institutions that employ medical personne l must shall be 881
1315-designated by the Department of Health as underserved locations. 882
1316-Locations with high incidences of infant mortality, high 883
1317-morbidity, or low Medicaid participation by health care 884
1318-professionals may be designated as underserved. 885
1319- (b) Advanced practice registered nurses registered to 886
1320-engage in autonomous practice under s. 464.0123 and practicing 887
1321-in the primary care specialties of family medicine, general 888
1322-pediatrics, general internal medicine, or midwifery. From the 889
1323-funds available, the Departme nt of Health shall make payments of 890
1324-up to $15,000 per year to advanced practice registered nurses 891
1325-registered under s. 464.0123 who demonstrate, as required by 892
1326-department rule, active employment providing primary care 893
1327-services in a public health program, an independent practice, or 894
1328-a group practice that serves Medicaid recipients and other low -895
1329-income patients and that is located in a primary care health 896
1330-professional shortage area. Only loans to pay the costs of 897
1331-tuition, books, medical equipment and supplies, uniforms, and 898
1332-living expenses may be covered. For the purposes of this 899
1333-paragraph: 900
1334-
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1342-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
1343-
1344-
1345-
1346- 1. "Primary care health professional shortage area" means 901
1347-a geographic area, an area having a special population, or a 902
1348-facility with a score of at least 18, as designated and 903
1349-calculated by the Federal Health Resources and Services 904
1350-Administration or a rural area as defined by the Federal Office 905
1351-of Rural Health Policy. 906
1352- 2. "Public health program" means a county health 907
1353-department, the Children's Medical Services program, a fe derally 908
1354-funded community health center, a federally funded migrant 909
1355-health center, or any other publicly funded or nonprofit health 910
1356-care program designated by the department. 911
1357- (4)(2) The Department of Health may use funds appropriated 912
1358-for the Medical Education Reimbursement and Loan Repayment 913
1359-program as matching funds for federal loan repayment programs 914
1360-such as the National Health Service Corps State Loan Repayment 915
1361-Program. 916
1362- (5) A health care practitioner who receives payment under 917
1363-the program shall furnis h information requested by the 918
1364-department for the purpose of the department's duties under s. 919
1365-381.4021. 920
1366- (6)(3) The Department of Health may adopt any rules 921
1367-necessary for the administration of the Medical Education 922
1368-Reimbursement and Loan Repayment program. The department may 923
1369-also solicit technical advice regarding conduct of the program 924
1370-from the Department of Education and Florida universities and 925
1371-
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1379-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
1380-
1381-
1382-
1383-Florida College System institutions. The Department of Health 926
1384-shall submit a budget request for an amount suff icient to fund 927
1385-medical education reimbursement, loan repayments, and program 928
1386-administration. 929
1387- (7) The Agency for Health Care Administration shall seek 930
1388-federal authority to use Title XIX matching funds for this 931
1389-program. 932
1390- (8) This section is repealed on Ju ly 1, 2034. 933
1391- Section 4. Section 381.4021, Florida Statutes, is created 934
1392-to read: 935
1393- 381.4021 Student loan repayment programs reporting. — 936
1394- (1) Beginning July 1, 2024, the department shall provide 937
1395-to the Governor, the President of the Senate, and the Speak er of 938
1396-the House of Representatives an annual report for the student 939
1397-loan repayment programs established in ss. 381.4019 and 381.402, 940
1398-which, at a minimum, details all of the following: 941
1399- (a) The number of applicants for loan repayment. 942
1400- (b) The number of l oan payments made under each program. 943
1401- (c) The amounts for each loan payment made. 944
1402- (d) The type of practitioner to whom each loan payment was 945
1403-made. 946
1404- (e) The number of loan payments each practitioner has 947
1405-received under either program. 948
1406- (f) The practice setting in which each practitioner who 949
1407-received a loan payment practices. 950
1408-
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1416-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
1417-
1418-
1419-
1420- (2)(a) The department shall contract with an independent 951
1421-third party to develop and conduct a design study to evaluate 952
1422-the impact of the student loan repayment programs establishe d in 953
1423-ss. 381.4019 and 381.402, including, but not limited to, the 954
1424-effectiveness of the programs in recruiting and retaining health 955
1425-care professionals in geographic and practice areas experiencing 956
1426-shortages. The department shall begin collecting data for th e 957
1427-study by January 1, 2025, and shall submit to the Governor, the 958
1428-President of the Senate, and the Speaker of the House of 959
1429-Representatives the results of the study by January 1, 2030. 960
1430- (b) The department shall participate in a provider 961
1431-retention and information system management multistate 962
1432-collaborative that collects data to measure outcomes of 963
1433-education debt support -for-service programs. 964
1434- (3) This section is repealed on July 1, 2034. 965
1435- Section 5. Section 381.9855, Florida Statutes, is created 966
1436-to read: 967
1437- 381.9855 Health care screening and services grant program; 968
1438-portal.— 969
1439- (1)(a) The Department of Health shall implement a health 970
1440-care screening and services grant program. The purpose of the 971
1441-program is to expand access to no -cost health care screenings or 972
1442-services for the general public facilitated by nonprofit 973
1443-entities. The department shall do all of the following: 974
1444- 1. Publicize the availability of funds and enlist the aid 975
1445-
1446-CS/CS/HB 1549 2024
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1453-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
1454-
1455-
1456-
1457-of county health departments for outreach to potential 976
1458-applicants at the local leve l. 977
1459- 2. Establish an application process for submitting a grant 978
1460-proposal and eligibility criteria for applicants. 979
1461- 3. Develop guidelines a grant recipient must follow for 980
1462-the expenditure of grant funds and uniform data reporting 981
1463-requirements for the purpo se of evaluating the performance of 982
1464-grant recipients. 983
1465- (b) A nonprofit entity may apply for grant funds in order 984
1466-to implement a new health care screening or service program that 985
1467-the entity has not previously implemented. 986
1468- (c) A nonprofit entity that has previously implemented a 987
1469-specific health care screening or services program at one or 988
1470-more specific locations may apply for grant funds in order to 989
1471-provide the same or similar screenings or services at a new 990
1472-location or through a mobile health clinic or mo bile unit in 991
1473-order to expand the program's delivery capabilities. 992
1474- (d) An entity that receives a grant under this section 993
1475-must: 994
1476- 1. Follow Department of Health guidelines for reporting on 995
1477-expenditure of grant funds and measures to evaluate the 996
1478-effectiveness of the entity's health care screening or services 997
1479-program. 998
1480- 2. Publicize to the general public and encourage the use 999
1481-of the health care screening portal created under subsection 1000
1482-
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1490-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
1491-
1492-
1493-
1494-(2). 1001
1495- (e) The Department of Health may adopt rules for the 1002
1496-implementation of this subsection. 1003
1497- (2)(a) The Department of Health shall create and maintain 1004
1498-an Internet-based portal to direct the general public to events, 1005
1499-organizations, and venues in this state from which health 1006
1500-screenings or services may be obtained at no cost o r at a 1007
1501-reduced cost and for the purpose of directing a licensed health 1008
1502-care practitioner to opportunities for volunteering his or her 1009
1503-services to conduct, administer, or facilitate such health 1010
1504-screenings or services. The department may contract for the 1011
1505-creation or maintenance of the portal with a third -party vendor. 1012
1506- (b) The portal must be easily accessible by the public, 1013
1507-not require a sign up or login, and include the ability for a 1014
1508-member of the public to enter his or her address and obtain 1015
1509-localized and current data on opportunities for screenings and 1016
1510-services and volunteer opportunities for health care 1017
1511-practitioners. The portal must include, but is not limited to, 1018
1512-all statutorily created screening programs that are funded and 1019
1513-operational under the depart ment's authority. The department 1020
1514-shall coordinate with county health departments so that the 1021
1515-portal includes information on such health screenings and 1022
1516-services provided by county health departments or by nonprofit 1023
1517-entities in partnership with county health departments. 1024
1518- (c) The department shall include a clear and conspicuous 1025
1519-
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1527-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
1528-
1529-
1530-
1531-link to the portal on the homepage of its website. The 1026
1532-department shall publicize the portal to, and encourage the use 1027
1533-of the portal by, the general public and shall enlist the aid of 1028
1534-county health departments for such outreach. 1029
1535- Section 6. Section 383.2163, Florida Statutes, is amended 1030
1536-to read: 1031
1537- 383.2163 Telehealth minority maternity care program.—pilot 1032
1538-programs.—By July 1, 2022, The department shall establish a 1033
1539-statewide telehealth minority maternity care pilot program that 1034
1540-in Duval County and Orange County which uses telehealth to 1035
1541-expand the capacity for positive maternal health outcomes in 1036
1542-racial and ethnic minority populations. The department shall 1037
1543-direct and assist the county health departments in Duval County 1038
1544-and Orange County to implement the program programs. 1039
1545- (1) DEFINITIONS.—As used in this section, the term: 1040
1546- (a) "Department" means the Department of Health. 1041
1547- (b) "Eligible pregnant woman" means a pregnant woman who 1042
1548-is receiving, or is eligible to receive, maternal or infant care 1043
1549-services from the department under chapter 381 or this chapter. 1044
1550- (c) "Health care practitioner" has the same meaning as in 1045
1551-s. 456.001. 1046
1552- (d) "Health professional shortage area" means a geograph ic 1047
1553-area designated as such by the Health Resources and Services 1048
1554-Administration of the United States Department of Health and 1049
1555-Human Services. 1050
1556-
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1564-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
1565-
1566-
1567-
1568- (e) "Indigenous population" means any Indian tribe, band, 1051
1569-or nation or other organized group or community of Indi ans 1052
1570-recognized as eligible for services provided to Indians by the 1053
1571-United States Secretary of the Interior because of their status 1054
1572-as Indians, including any Alaskan native village as defined in 1055
1573-43 U.S.C. s. 1602(c), the Alaska Native Claims Settlement Act, 1056
1574-as that definition existed on the effective date of this act. 1057
1575- (f) "Maternal mortality" means a death occurring during 1058
1576-pregnancy or the postpartum period which is caused by pregnancy 1059
1577-or childbirth complications. 1060
1578- (g) "Medically underserved population" means the 1061
1579-population of an urban or rural area designated by the United 1062
1580-States Secretary of Health and Human Services as an area with a 1063
1581-shortage of personal health care services or a population group 1064
1582-designated by the United States Secretary of Health and Human 1065
1583-Services as having a shortage of such services. 1066
1584- (h) "Perinatal professionals" means doulas, personnel from 1067
1585-Healthy Start and home visiting programs, childbirth educators, 1068
1586-community health workers, peer supporters, certified lactation 1069
1587-consultants, nutritionists and dietitians, social workers, and 1070
1588-other licensed and nonlicensed professionals who assist women 1071
1589-through their prenatal or postpartum periods. 1072
1590- (i) "Postpartum" means the 1 -year period beginning on the 1073
1591-last day of a woman's pregnancy. 1074
1592- (j) "Severe maternal morbidity" means an unexpected 1075
1593-
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1601-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
1602-
1603-
1604-
1605-outcome caused by a woman's labor and delivery which results in 1076
1606-significant short-term or long-term consequences to the woman's 1077
1607-health. 1078
1608- (k) "Technology-enabled collaborative learning and 1079
1609-capacity building model" means a distance health care education 1080
1610-model that connects health care professionals, particularly 1081
1611-specialists, with other health care professionals through 1082
1612-simultaneous interactive videoconferencing for the purpose of 1083
1613-facilitating case-based learning, disseminating best practices, 1084
1614-and evaluating outcomes in the context of maternal health care. 1085
1615- (2) PURPOSE.—The purpose of the program pilot programs is 1086
1616-to: 1087
1617- (a) Expand the use of technology -enabled collaborative 1088
1618-learning and capacity building models to improve maternal health 1089
1619-outcomes for the following populations and demographics: 1090
1620- 1. Ethnic and minority populations. 1091
1621- 2. Health professional shortage areas. 1092
1622- 3. Areas with significant racial and ethnic disparities in 1093
1623-maternal health outcomes and hig h rates of adverse maternal 1094
1624-health outcomes, including, but not limited to, maternal 1095
1625-mortality and severe maternal morbidity. 1096
1626- 4. Medically underserved populations. 1097
1627- 5. Indigenous populations. 1098
1628- (b) Provide for the adoption of and use of telehealth 1099
1629-services that allow for screening and treatment of common 1100
1630-
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1638-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
1639-
1640-
1641-
1642-pregnancy-related complications, including, but not limited to, 1101
1643-anxiety, depression, substance use disorder, hemorrhage, 1102
1644-infection, amniotic fluid embolism, thrombotic pulmonary or 1103
1645-other embolism, hypert ensive disorders relating to pregnancy, 1104
1646-diabetes, cerebrovascular accidents, cardiomyopathy, and other 1105
1647-cardiovascular conditions. 1106
1648- (3) TELEHEALTH SERVICES AND EDUCATION. —The program pilot 1107
1649-programs shall adopt the use of telehealth or coordinate with 1108
1650-prenatal home visiting programs to provide all of the following 1109
1651-services and education to eligible pregnant women up to the last 1110
1652-day of their postpartum periods, as applicable: 1111
1653- (a) Referrals to Healthy Start's coordinated intake and 1112
1654-referral program to offer families prenatal home visiting 1113
1655-services. 1114
1656- (b) Services and education addressing social determinants 1115
1657-of health, including, but not limited to, all of the following: 1116
1658- 1. Housing placement options. 1117
1659- 2. Transportation services or information on how to acce ss 1118
1660-such services. 1119
1661- 3. Nutrition counseling. 1120
1662- 4. Access to healthy foods. 1121
1663- 5. Lactation support. 1122
1664- 6. Lead abatement and other efforts to improve air and 1123
1665-water quality. 1124
1666- 7. Child care options. 1125
1667-
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1676-
1677-
1678-
1679- 8. Car seat installation and training. 1126
1680- 9. Wellness and stress management programs. 1127
1681- 10. Coordination across safety net and social support 1128
1682-services and programs. 1129
1683- (c) Evidence-based health literacy and pregnancy, 1130
1684-childbirth, and parenting education for women in the prenatal 1131
1685-and postpartum periods. 1132
1686- (d) For women during their pregnancies through the 1133
1687-postpartum periods, connection to support from doulas and other 1134
1688-perinatal health workers. 1135
1689- (e) Tools for prenatal women to conduct key components of 1136
1690-maternal wellness checks, including, but not limited to, all of 1137
1691-the following: 1138
1692- 1. A device to measure body weight, such as a scale. 1139
1693- 2. A device to measure blood pressure which has a verbal 1140
1694-reader to assist the pregnant woman in reading the device and to 1141
1695-ensure that the health care practitioner performing the wellne ss 1142
1696-check through telehealth is able to hear the reading. 1143
1697- 3. A device to measure blood sugar levels with a verbal 1144
1698-reader to assist the pregnant woman in reading the device and to 1145
1699-ensure that the health care practitioner performing the wellness 1146
1700-check through telehealth is able to hear the reading. 1147
1701- 4. Any other device that the health care practitioner 1148
1702-performing wellness checks through telehealth deems necessary. 1149
1703- (4) TRAINING.—The program pilot programs shall provide 1150
1704-
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1713-
1714-
1715-
1716-training to participating health care practitioners and other 1151
1717-perinatal professionals on all of the following: 1152
1718- (a) Implicit and explicit biases, racism, and 1153
1719-discrimination in the provision of maternity care and how to 1154
1720-eliminate these barriers to accessing adequate and competent 1155
1721-maternity care. 1156
1722- (b) The use of remote patient monitoring tools for 1157
1723-pregnancy-related complications. 1158
1724- (c) How to screen for social determinants of health risks 1159
1725-in the prenatal and postpartum periods, such as inadequate 1160
1726-housing, lack of access to nutritional foods, e nvironmental 1161
1727-risks, transportation barriers, and lack of continuity of care. 1162
1728- (d) Best practices in screening for and, as needed, 1163
1729-evaluating and treating maternal mental health conditions and 1164
1730-substance use disorders. 1165
1731- (e) Information collection, recordin g, and evaluation 1166
1732-activities to: 1167
1733- 1. Study the impact of the pilot program; 1168
1734- 2. Ensure access to and the quality of care; 1169
1735- 3. Evaluate patient outcomes as a result of the pilot 1170
1736-program; 1171
1737- 4. Measure patient experience; and 1172
1738- 5. Identify best practices f or the future expansion of the 1173
1739-pilot program. 1174
1740- (5) REPORT.—By October 31, 2025, and each October 31 1175
1741-
1742-CS/CS/HB 1549 2024
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1749-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
1750-
1751-
1752-
1753-thereafter, the department shall submit to the Governor, the 1176
1754-President of the Senate, and the Speaker of the House of 1177
1755-Representatives a program report that includes, at a minimum, 1178
1756-all of the following for the previous fiscal year: 1179
1757- (a) The total number of clients served and the demographic 1180
1758-information for the population served, including race, 1181
1759-ethnicity, age, education level, and geographic location. 1182
1760- (b) The total number of screenings performed, by type. 1183
1761- (c) The number of participants identified as having 1184
1762-experienced pregnancy -related complications, the number of 1185
1763-participants who received treatments for such complications, and 1186
1764-the final outcome of the pr egnancy for such participants. 1187
1765- (d) The number of referrals made to the Healthy Start 1188
1766-program or other prenatal home visiting programs and the number 1189
1767-of participants who subsequently received services from such 1190
1768-programs. 1191
1769- (e) The number of referrals made to doulas and other 1192
1770-perinatal professionals and the number of participants who 1193
1771-subsequently received services from doulas and other perinatal 1194
1772-professionals. 1195
1773- (f) The number and types of devices given to participants 1196
1774-to conduct maternal wellness checks. 1197
1775- (g) The average length of participation by program 1198
1776-participants. 1199
1777- (h) Composite results of a participant survey that 1200
1778-
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1786-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
1787-
1788-
1789-
1790-measures the participants' experience with the program. 1201
1791- (i) The total number of health care practitioners trained, 1202
1792-by provider type and specialty. 1203
1793- (j) The results of a survey of the health care 1204
1794-practitioners trained under the program. The survey must address 1205
1795-the quality and impact of the training provided, the health care 1206
1796-practitioners' experiences using remote patient monitoring 1207
1797-tools, the best practices provided in the training, and any 1208
1798-suggestions for improvements. 1209
1799- (k) Aggregate data on the maternal and infant health 1210
1800-outcomes of program participants. 1211
1801- (l) For the initial report, all available quantifiable 1212
1802-data related to the telehe alth minority maternity care pilot 1213
1803-programs. 1214
1804- (6)(5) FUNDING.—The pilot programs shall be funded using 1215
1805-funds appropriated by the Legislature for the Closing the Gap 1216
1806-grant program. The department's Division of Community Health 1217
1807-Promotion and Office of Minority Health and Health Equity shall 1218
1808-also work in partnership to apply for federal funds that are 1219
1809-available to assist the department in accomplishing the 1220
1810-program's purpose and succes sfully implementing the program 1221
1811-pilot programs. 1222
1812- (7)(6) RULES.—The department may adopt rules to implement 1223
1813-this section. 1224
1814- Section 7. Subsections (1) through (8), (9), and (10) of 1225
1815-
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1823-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
1824-
1825-
1826-
1827-section 383.302, Florida Statutes, are renumbered as subsections 1226
1828-(2) through (9), (11), and (12), respectively, present 1227
1829-subsection (4) is amended, and new subsections (1) and (10) are 1228
1830-added to that section, to read: 1229
1831- 383.302 Definitions of terms used in ss. 383.30 -383.332.—1230
1832-As used in ss. 383.30 -383.332, the term: 1231
1833- (1) "Advanced birth center" means a licensed birth center 1232
1834-designated as an advanced birth center which may perform trial 1233
1835-of labor after cesarean deliveries for screened patients who 1234
1836-qualify, planned low -risk cesarean deliveries, and anticipated 1235
1837-vaginal deliveries for laboring patients from the beginning of 1236
1838-the 37th week of gestation through the end of the 41st week of 1237
1839-gestation. 1238
1840- (5)(4) "Consultant" means a physician licensed pursuant to 1239
1841-chapter 458 or chapter 459 who agrees to provide advice and 1240
1842-services to a birth center or an advanced birth center and who 1241
1843-either: 1242
1844- (a) Is certified or eligible for certification by the 1243
1845-American Board of Obstetrics and Gynecology or the American 1244
1846-Osteopathic Board of Obstetrics and Gynecology; , or 1245
1847- (b) Has hospital obstetrical privil eges. 1246
1848- (10) "Medical director" means a person who holds an active 1247
1849-unrestricted license as a physician under chapter 458 or chapter 1248
1850-459. 1249
1851- Section 8. Section 383.3081, Florida Statutes, is created 1250
1852-
1853-CS/CS/HB 1549 2024
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1860-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
1861-
1862-
1863-
1864-to read: 1251
1865- 383.3081 Advanced birth center designation. — 1252
1866- (1) To be designated as an advanced birth center, a birth 1253
1867-center must, in addition to maintaining compliance with all of 1254
1868-the requirements under ss. 383.30 -383.332 applicable to birth 1255
1869-centers and advanced birth centers, meet all of the following 1256
1870-criteria: 1257
1871- (a) Be operated and staffed 24 hours per day, 7 days per 1258
1872-week. 1259
1873- (b) Employ two medical directors to oversee the activities 1260
1874-of the center, one of whom must be a board -certified 1261
1875-obstetrician and one of whom must be a board -certified 1262
1876-anesthesiologist. 1263
1877- (c) Have at least one properly equipped, dedicated 1264
1878-surgical suite for the performance of cesarean deliveries. 1265
1879- (d) Employ at least one registered nurse and ensure that 1266
1880-at least one registered nurse is present in the center at all 1267
1881-times and has the ability t o stabilize and facilitate the 1268
1882-transfer of patients and newborn infants when appropriate. 1269
1883- (e) Enter into a written agreement with a blood bank for 1270
1884-emergency blood bank services and have written protocols for the 1271
1885-management of obstetrical hemorrhage which include provisions 1272
1886-for emergency blood transfusions. If a patient admitted to an 1273
1887-advanced birth center receives an emergency blood transfusion at 1274
1888-the center, the patient must immediately thereafter be 1275
1889-
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1897-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
1898-
1899-
1900-
1901-transferred to a hospital for further care. 1276
1902- (f) Meet all standards adopted by rule for birth centers, 1277
1903-unless specified otherwise, and advanced birth centers pursuant 1278
1904-to s. 383.309. 1279
1905- (g) Comply with the Florida Building Code and Florida Fire 1280
1906-Prevention Code standards for ambulatory surgical centers. 1281
1907- (h) Qualify for, enter into, and maintain a Medicaid 1282
1908-provider agreement with the agency pursuant to s. 409.907 and 1283
1909-provide services to Medicaid recipients according to the terms 1284
1910-of the provider agreement. 1285
1911- (2) The agency shall establish by rule a process for 1286
1912-designating a birth center that meets the requirements of this 1287
1913-section as an advanced birth center. 1288
1914- Section 9. Subsection (2) of section 383.309, Florida 1289
1915-Statutes, is renumbered as subsection (3), and a new subsection 1290
1916-(2) is added to that section, to re ad: 1291
1917- 383.309 Minimum standards for birth centers and advanced 1292
1918-birth centers; rules and enforcement. — 1293
1919- (2) The standards adopted by rule for designating a birth 1294
1920-center as an advanced birth center must, at a minimum, be 1295
1921-equivalent to the minimum standards adopted for ambulatory 1296
1922-surgical centers pursuant to s. 395.1055 and must include 1297
1923-standards for quality of care, blood transfusions, and sanitary 1298
1924-conditions for food handling and food service. 1299
1925- Section 10. Section 383.313, Florida Statutes, is amended 1300
1926-
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1934-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
1935-
1936-
1937-
1938-to read: 1301
1939- 383.313 Birth center performance of laboratory and 1302
1940-surgical services; use of anesthetic and chemical agents. — 1303
1941- (1) LABORATORY SERVICES. —A birth center may collect 1304
1942-specimens for those tests that are requested under protocol. A 1305
1943-birth center must obtain and continuously maintain certification 1306
1944-by the Centers for Medicare and Medicaid Services under the 1307
1945-federal Clinical Laboratory Improvement Amendments and the 1308
1946-federal rules adopted thereunder in order to perform laboratory 1309
1947-tests specified by rule of the agency, and which are appropriate 1310
1948-to meet the needs of the patient. 1311
1949- (2) SURGICAL SERVICES. —Except for advanced birth centers 1312
1950-authorized to provide surgical services under s. 383.3131, only 1313
1951-those surgical procedures that are shall be limited to those 1314
1952-normally performed during uncomplicated childbirths, such as 1315
1953-episiotomies and repairs , may be performed at a birth center. 1316
1954-and shall not include Operative obstetrics or caesarean sections 1317
1955-may not be performed at a birth center . 1318
1956- (3) ADMINISTRATION OF ANAL GESIA AND ANESTHESIA. —General 1319
1957-and conduction anesthesia may not be administered at a birth 1320
1958-center. Systemic analgesia may be administered, and local 1321
1959-anesthesia for pudendal block and episiotomy repair may be 1322
1960-performed if procedures are outlined by the clin ical staff and 1323
1961-performed by personnel who have the with statutory authority to 1324
1962-do so. 1325
1963-
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1971-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
1972-
1973-
1974-
1975- (4) INTRAPARTAL USE OF CHEMICAL AGENTS. —Labor may not be 1326
1976-inhibited, stimulated, or augmented with chemical agents during 1327
1977-the first or second stage of labor unless prescribed by 1328
1978-personnel who have the with statutory authority to do so and 1329
1979-unless in connection with and before prior to emergency 1330
1980-transport. 1331
1981- Section 11. Section 383.3131, Florida Statutes, is created 1332
1982-to read: 1333
1983- 383.3131 Advanced birth center performance of laboratory 1334
1984-and surgical services; use of anesthetic and chemical agents. — 1335
1985- (1) LABORATORY SERVICES.—An advanced birth center shall 1336
1986-have a clinical laboratory on site. The clinical laboratory 1337
1987-must, at a minimum, be capable of providing laboratory testing 1338
1988-for hematology, metabolic screening, liver function, and 1339
1989-coagulation studies. An advanc ed birth center may collect 1340
1990-specimens for those tests that are requested under protocol. An 1341
1991-advanced birth center may perform laboratory tests as defined by 1342
1992-rule of the agency. Laboratories located in advanced birth 1343
1993-centers must be appropriately certified by the Centers for 1344
1994-Medicare and Medicaid Services under the federal Clinical 1345
1995-Laboratory Improvement Amendments and the federal rules adopted 1346
1996-thereunder. 1347
1997- (2) SURGICAL SERVICES. —In addition to surgical procedures 1348
1998-authorized under s. 383.313(2), surgical pr ocedures for low-risk 1349
1999-cesarean deliveries and surgical management of immediate 1350
2000-
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2008-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
2009-
2010-
2011-
2012-complications may also be performed at an advanced birth center. 1351
2013-Postpartum sterilization may be performed before discharge of 1352
2014-the patient who has given birth during that admiss ion. 1353
2015-Circumcisions may be performed before discharge of the newborn 1354
2016-infant. 1355
2017- (3) ADMINISTRATION OF ANALGESIA AND ANESTHESIA. —General, 1356
2018-conduction, and local anesthesia may be administered at an 1357
2019-advanced birth center if administered by personnel who have th e 1358
2020-statutory authority to do so. All general anesthesia must be 1359
2021-administered by an anesthesiologist or a certified registered 1360
2022-nurse anesthetist in accordance with s. 464.012. When general 1361
2023-anesthesia is administered, a physician or a certified 1362
2024-registered nurse anesthetist must be present in the advanced 1363
2025-birth center during the anesthesia and postanesthesia recovery 1364
2026-period until the patient is fully alert. Each advanced birth 1365
2027-center shall comply with s. 395.0191(2)(b). 1366
2028- (4) INTRAPARTAL USE OF CHEMICAL AGENTS. —Labor may be 1367
2029-inhibited, stimulated, or augmented with chemical agents during 1368
2030-the first or second stage of labor at an advanced birth center 1369
2031-if prescribed by personnel who have the statutory authority to 1370
2032-do so. Labor may be electively induced beginning at the 39th 1371
2033-week of gestation for a patient with a documented Bishop score 1372
2034-of 8 or greater. 1373
2035- Section 12. Subsection (3) is added to section 383.315, 1374
2036-Florida Statutes, to read: 1375
2037-
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2045-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
2046-
2047-
2048-
2049- 383.315 Agreements with consultants for advice or 1376
2050-services; maintenance. — 1377
2051- (3) An advanced birth center shall employ or maintain an 1378
2052-agreement with an obstetrician who must be present in the center 1379
2053-at all times during which a patient is in active labor in the 1380
2054-center to attend deliveries, available to respond to 1381
2055-emergencies, and, whe n necessary, available to perform cesarean 1382
2056-deliveries. 1383
2057- Section 13. Section 383.316, Florida Statutes, is amended 1384
2058-to read: 1385
2059- 383.316 Transfer and transport of clients to hospitals. — 1386
2060- (1) If unforeseen complications arise during labor, 1387
2061-delivery, or postpartum recovery, the client must shall be 1388
2062-transferred to a hospital. 1389
2063- (2) Each birth center licensed facility shall make 1390
2064-arrangements with a local ambulance service licensed under 1391
2065-chapter 401 for the transport of emergency patients to a 1392
2066-hospital. Such arrangements must shall be documented in the 1393
2067-center's policy and procedures manual of the facility if the 1394
2068-birth center does not own or operate a licensed ambulance. The 1395
2069-policy and procedures manual shall also must contain specific 1396
2070-protocols for the transfer o f any patient to a licensed 1397
2071-hospital. 1398
2072- (3) Each advanced birth center shall enter into a written 1399
2073-transfer agreement with a local hospital licensed under chapter 1400
2074-
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2082-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
2083-
2084-
2085-
2086-395 for the transfer and admission of emergency patients to the 1401
2087-hospital or a written agreemen t with an obstetrician who has 1402
2088-hospital privileges to provide coverage at all times and who has 1403
2089-agreed to accept the transfer of the advanced birth center's 1404
2090-patients. 1405
2091- (4)(3) A birth center licensed facility shall identify 1406
2092-neonatal-specific transportation services, including ground and 1407
2093-air ambulances; list their particular qualifications; and have 1408
2094-the telephone numbers for access to these services clearly 1409
2095-listed and immediately available. 1410
2096- (5)(4) The birth center shall assess and document Annual 1411
2097-assessments of the transportation services and transfer 1412
2098-protocols annually shall be made and documented . 1413
2099- Section 14. Subsections (2) and (3) of section 383.318, 1414
2100-Florida Statutes, are renumbered as subsections (3) and (4), 1415
2101-respectively, subsection (1) i s amended, and a new subsection 1416
2102-(2) is added to that section, to read: 1417
2103- 383.318 Postpartum care for birth center and advanced 1418
2104-birth center clients and infants. — 1419
2105- (1) Except at an advanced birth center that must adhere to 1420
2106-the requirements of subsection (2 ), a mother and her infant must 1421
2107-shall be dismissed from a the birth center within 24 hours after 1422
2108-the birth of the infant, except in unusual circumstances as 1423
2109-defined by rule of the agency. If a mother or an infant is 1424
2110-retained at the birth center for more th an 24 hours after the 1425
2111-
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2119-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
2120-
2121-
2122-
2123-birth, a report must shall be filed with the agency within 48 1426
2124-hours after of the birth and must describe describing the 1427
2125-circumstances and the reasons for the decision. 1428
2126- (2)(a) A mother and her infant must be dismissed from an 1429
2127-advanced birth center within 48 hours after a vaginal delivery 1430
2128-or within 72 hours after a delivery by cesarean section, except 1431
2129-in unusual circumstances as defined by rule of the agency. 1432
2130- (b) If a mother or an infant is retained at the advanced 1433
2131-birth center for more than the timeframes set forth in paragraph 1434
2132-(a), a report must be filed with the agency within 48 hours 1435
2133-after the scheduled discharge time and must describe the 1436
2134-circumstances and the reasons for the decision. 1437
2135- Section 15. Subsections (5), (31), and ( 36) of section 1438
2136-394.455, Florida Statutes, are amended to read: 1439
2137- 394.455 Definitions. —As used in this part, the term: 1440
2138- (5) "Clinical psychologist" means a person licensed to 1441
2139-practice psychology under chapter 490 a psychologist as defined 1442
2140-in s. 490.003(7) with 3 years of postdoctoral experience in the 1443
2141-practice of clinical psychology, inclusive of the experience 1444
2142-required for licensure, or a psychologist employed by a facility 1445
2143-operated by the United States Department of Veterans Affairs 1446
2144-that qualifies as a re ceiving or treatment facility under this 1447
2145-part. 1448
2146- (31) "Mobile crisis response service" or "mobile response 1449
2147-team" means a nonresidential mental and behavioral health crisis 1450
2148-
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2156-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
2157-
2158-
2159-
2160-service available 24 hours per day, 7 days per week which 1451
2161-provides immediate intensi ve assessments and interventions, 1452
2162-including screening for admission into a mental health receiving 1453
2163-facility, an addictions receiving facility, or a detoxification 1454
2164-facility, for the purpose of identifying appropriate treatment 1455
2165-services. 1456
2166- (36) "Psychiatric nurse" means an advanced practice 1457
2167-registered nurse licensed under s. 464.012 who has a master's or 1458
2168-doctoral degree in psychiatric nursing and, holds a national 1459
2169-advanced practice certification as a psychiatric mental health 1460
2170-advanced practice nurse, and has 1 year 2 years of post-master's 1461
2171-clinical experience under the supervision of a physician. 1462
2172- Section 16. Paragraph (c) of subsection (5) of section 1463
2173-394.457, Florida Statutes, is amended to read: 1464
2174- 394.457 Operation and administration. — 1465
2175- (5) RULES.— 1466
2176- (c) The department shall adopt rules establishing minimum 1467
2177-standards for services provided by a mental health overlay 1468
2178-program or a mobile crisis response service. Minimum standards 1469
2179-for mobile crisis response services must: 1470
2180- 1. Include child, adolescent, a nd young adult mobile 1471
2181-response teams established under s. 394.495(7) and ensure 1472
2182-coverage of all counties by these specified teams. 1473
2183- 2. Create a structure for general mobile response teams 1474
2184-which focuses on emergency room diversion and the reduction of 1475
2185-
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2193-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
2194-
2195-
2196-
2197-involuntary commitment under this chapter. The structure must 1476
2198-require, but need not be limited to, the following: 1477
2199- a. Triage and rapid crisis intervention within 60 minutes. 1478
2200- b. Provision of and referral to evidence -based services 1479
2201-that are responsive to the needs of the individual and the 1480
2202-individual's family. 1481
2203- c. Screening, assessment, early identification, and care 1482
2204-coordination. 1483
2205- d. Followup at 90 and 180 days to gather outcome data on a 1484
2206-mobile crisis response encounter to determine efficacy of the 1485
2207-mobile crisis response service. 1486
2208- Section 17. Subsections (1) and (3) of section 394.4598, 1487
2209-Florida Statutes, are amended to read: 1488
2210- 394.4598 Guardian advocate. — 1489
2211- (1) The administrator may petition the court for the 1490
2212-appointment of a guardian advocate based upon the opinion of a 1491
2213-psychiatrist or psychiatric nurse practicing within the 1492
2214-framework of an established protocol with a psychiatrist that 1493
2215-the patient is incompetent to consent to treatment. If the court 1494
2216-finds that a patient is incompetent to consent to treat ment and 1495
2217-has not been adjudicated incapacitated and had a guardian with 1496
2218-the authority to consent to mental health treatment appointed, 1497
2219-the court must it shall appoint a guardian advocate. The patient 1498
2220-has the right to have an attorney represent him or her a t the 1499
2221-hearing. If the person is indigent, the court must shall appoint 1500
2222-
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2231-
2232-
2233-
2234-the office of the public defender to represent him or her at the 1501
2235-hearing. The patient has the right to testify, cross -examine 1502
2236-witnesses, and present witnesses. The proceeding must shall be 1503
2237-recorded, either electronically or stenographically, and 1504
2238-testimony must shall be provided under oath. One of the 1505
2239-professionals authorized to give an opinion in support of a 1506
2240-petition for involuntary placement, as described in s. 394.4655 1507
2241-or s. 394.467, must testify. A guardian advocate must meet the 1508
2242-qualifications of a guardian contained in part IV of chapter 1509
2243-744, except that a professional referred to in this part, an 1510
2244-employee of the facility providing direct services to the 1511
2245-patient under this part, a d epartmental employee, a facility 1512
2246-administrator, or member of the Florida local advocacy council 1513
2247-shall not be appointed. A person who is appointed as a guardian 1514
2248-advocate must agree to the appointment. 1515
2249- (3) A facility requesting appointment of a guardian 1516
2250-advocate must, before prior to the appointment, provide the 1517
2251-prospective guardian advocate with information about the duties 1518
2252-and responsibilities of guardian advocates, including the 1519
2253-information about the ethics of medical decisionmaking. Before 1520
2254-asking a guardian advocate to give consent to treatment for a 1521
2255-patient, the facility shall provide to the guardian advocate 1522
2256-sufficient information so that the guardian advocate can decide 1523
2257-whether to give express and informed consent to the treatment, 1524
2258-including information that the treatment is essential to the 1525
2259-
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2267-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
2268-
2269-
2270-
2271-care of the patient, and that the treatment does not present an 1526
2272-unreasonable risk of serious, hazardous, or irreversible side 1527
2273-effects. Before giving consent to treatment, the guardian 1528
2274-advocate must meet and talk wi th the patient and the patient's 1529
2275-physician or psychiatric nurse practicing within the framework 1530
2276-of an established protocol with a psychiatrist in person, if at 1531
2277-all possible, and by telephone, if not. The decision of the 1532
2278-guardian advocate may be reviewed by the court, upon petition of 1533
2279-the patient's attorney, the patient's family, or the facility 1534
2280-administrator. 1535
2281- Section 18. Subsection (11) of section 394.4615, Florida 1536
2282-Statutes, is amended to read: 1537
2283- 394.4615 Clinical records; confidentiality. — 1538
2284- (11) Patients must shall have reasonable access to their 1539
2285-clinical records, unless such access is determined by the 1540
2286-patient's physician or the patient's psychiatric nurse to be 1541
2287-harmful to the patient. If the patient's right to inspect his or 1542
2288-her clinical record is re stricted by the facility, written 1543
2289-notice of such restriction must shall be given to the patient 1544
2290-and the patient's guardian, guardian advocate, attorney, and 1545
2291-representative. In addition, the restriction must shall be 1546
2292-recorded in the clinical record, togethe r with the reasons for 1547
2293-it. The restriction of a patient's right to inspect his or her 1548
2294-clinical record expires shall expire after 7 days but may be 1549
2295-renewed, after review, for subsequent 7 -day periods. 1550
2296-
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2304-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
2305-
2306-
2307-
2308- Section 19. Paragraph (f) of subsection (1) and subs ection 1551
2309-(5) of section 394.4625, Florida Statutes, are amended to read: 1552
2310- 394.4625 Voluntary admissions. — 1553
2311- (1) AUTHORITY TO RECEIVE PATIENTS. — 1554
2312- (f) Within 24 hours after admission of a voluntary 1555
2313-patient, the treating admitting physician or psychiatric nurse 1556
2314-practicing within the framework of an established protocol with 1557
2315-a psychiatrist shall document in the patient's clinical record 1558
2316-that the patient is able to give express and informed consent 1559
2317-for admission. If the patient is not able to give express and 1560
2318-informed consent for admission, the facility must shall either 1561
2319-discharge the patient or transfer the patient to involuntary 1562
2320-status pursuant to subsection (5). 1563
2321- (5) TRANSFER TO INVOLUNTARY STATUS. —When a voluntary 1564
2322-patient, or an authorized person on the pati ent's behalf, makes 1565
2323-a request for discharge, the request for discharge, unless 1566
2324-freely and voluntarily rescinded, must be communicated to a 1567
2325-physician, clinical psychologist with at least 3 years of 1568
2326-postdoctoral experience in the practice of clinical psychol ogy, 1569
2327-or psychiatrist as quickly as possible, but not later than 12 1570
2328-hours after the request is made. If the patient meets the 1571
2329-criteria for involuntary placement, the administrator of the 1572
2330-facility must file with the court a petition for involuntary 1573
2331-placement, within 2 court working days after the request for 1574
2332-discharge is made. If the petition is not filed within 2 court 1575
2333-
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2341-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
2342-
2343-
2344-
2345-working days, the patient must shall be discharged. Pending the 1576
2346-filing of the petition, the patient may be held and emergency 1577
2347-treatment rendered in the least restrictive manner, upon the 1578
2348-written order of a physician or a psychiatric nurse practicing 1579
2349-within the framework of an established protocol with a 1580
2350-psychiatrist, if it is determined that such treatment is 1581
2351-necessary for the safety of the pat ient or others. 1582
2352- Section 20. Paragraph (f) of subsection (2) of section 1583
2353-394.463, Florida Statutes, is amended to read: 1584
2354- 394.463 Involuntary examination. — 1585
2355- (2) INVOLUNTARY EXAMINATION. — 1586
2356- (f) A patient must shall be examined by a physician or a 1587
2357-clinical psychologist, or by a psychiatric nurse performing 1588
2358-within the framework of an established protocol with a 1589
2359-psychiatrist at a facility without unnecessary delay to 1590
2360-determine if the criteria for involuntary services are met. 1591
2361-Emergency treatment may be provi ded upon the order of a 1592
2362-physician or a psychiatric nurse practicing within the framework 1593
2363-of an established protocol with a psychiatrist if the physician 1594
2364-or psychiatric nurse determines that such treatment is necessary 1595
2365-for the safety of the patient or other s. The patient may not be 1596
2366-released by the receiving facility or its contractor without the 1597
2367-documented approval of a psychiatrist or a clinical psychologist 1598
2368-with at least 3 years of postdoctoral experience in the practice 1599
2369-of clinical psychology or, if the receiving facility is owned or 1600
2370-
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2378-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
2379-
2380-
2381-
2382-operated by a hospital, health system, or nationally accredited 1601
2383-community mental health center, the release may also be approved 1602
2384-by a psychiatric nurse performing within the framework of an 1603
2385-established protocol with a psychiat rist, or an attending 1604
2386-emergency department physician with experience in the diagnosis 1605
2387-and treatment of mental illness after completion of an 1606
2388-involuntary examination pursuant to this subsection. A 1607
2389-psychiatric nurse may not approve the release of a patient i f 1608
2390-the involuntary examination was initiated by a psychiatrist 1609
2391-unless the release is approved by the initiating psychiatrist. 1610
2392-The release may be approved through telehealth. 1611
2393- Section 21. Paragraphs (a) and (b) of subsection (3), 1612
2394-paragraph (b) of subsecti on (7), and paragraph (a) of subsection 1613
2395-(8) of section 394.4655, Florida Statutes, are amended to read: 1614
2396- 394.4655 Involuntary outpatient services. — 1615
2397- (3) INVOLUNTARY OUTPATIENT SERVICES. — 1616
2398- (a)1. A patient who is being recommended for involuntary 1617
2399-outpatient services by the administrator of the facility where 1618
2400-the patient has been examined may be retained by the facility 1619
2401-after adherence to the notice procedures provided in s. 1620
2402-394.4599. The recommendation must be supported by the opinion of 1621
2403-a psychiatrist and the second opinion of a clinical psychologist 1622
2404-with at least 3 years of clinical experience or another 1623
2405-psychiatrist, or a psychiatric nurse practicing within the 1624
2406-framework of an established protocol with a psychiatrist, both 1625
2407-
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2415-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
2416-
2417-
2418-
2419-of whom have personally examine d the patient within the 1626
2420-preceding 72 hours, that the criteria for involuntary outpatient 1627
2421-services are met. However, if the administrator certifies that a 1628
2422-psychiatrist or clinical psychologist with at least 3 years of 1629
2423-clinical experience is not available to provide the second 1630
2424-opinion, the second opinion may be provided by a licensed 1631
2425-physician who has postgraduate training and experience in 1632
2426-diagnosis and treatment of mental illness, a physician assistant 1633
2427-who has at least 3 years' experience and is supervised by such 1634
2428-licensed physician or a psychiatrist, a clinical social worker, 1635
2429-a clinical psychologist, or by a psychiatric nurse. Any second 1636
2430-opinion authorized in this subparagraph may be conducted through 1637
2431-a face-to-face examination, in person or by electronic means. 1638
2432-Such recommendation must be entered on an involuntary outpatient 1639
2433-services certificate that authorizes the facility to retain the 1640
2434-patient pending completion of a hearing. The certificate must be 1641
2435-made a part of the patient's clinical record. 1642
2436- 2. If the patient has been stabilized and no longer meets 1643
2437-the criteria for involuntary examination pursuant to s. 1644
2438-394.463(1), the patient must be released from the facility while 1645
2439-awaiting the hearing for involuntary outpatient services. Before 1646
2440-filing a petition for involuntary outpatient services, the 1647
2441-administrator of the facility or a designated department 1648
2442-representative must identify the service provider that will have 1649
2443-primary responsibility for service provision under an order for 1650
2444-
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2452-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
2453-
2454-
2455-
2456-involuntary outpatient service s, unless the person is otherwise 1651
2457-participating in outpatient psychiatric treatment and is not in 1652
2458-need of public financing for that treatment, in which case the 1653
2459-individual, if eligible, may be ordered to involuntary treatment 1654
2460-pursuant to the existing psych iatric treatment relationship. 1655
2461- 3. The service provider shall prepare a written proposed 1656
2462-treatment plan in consultation with the patient or the patient's 1657
2463-guardian advocate, if appointed, for the court's consideration 1658
2464-for inclusion in the involuntary outpatient services order that 1659
2465-addresses the nature and extent of the mental illness and any 1660
2466-co-occurring substance use disorder that necessitate involuntary 1661
2467-outpatient services. The treatment plan must specify the likely 1662
2468-level of care, including the use of medication, and anticipated 1663
2469-discharge criteria for terminating involuntary outpatient 1664
2470-services. Service providers may select and supervise other 1665
2471-individuals to implement specific aspects of the treatment plan. 1666
2472-The services in the plan must be deemed clinically appropriate 1667
2473-by a physician, clinical psychologist, psychiatric nurse, mental 1668
2474-health counselor, marriage and family therapist, or clinical 1669
2475-social worker who consults with, or is employed or contracted 1670
2476-by, the service provider. The service provider must certify to 1671
2477-the court in the propos ed plan whether sufficient services for 1672
2478-improvement and stabilization are currently available and 1673
2479-whether the service provider agrees to provide those services. 1674
2480-If the service provider certifies that the services in the 1675
2481-
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2489-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
2490-
2491-
2492-
2493-proposed treatment plan are not avai lable, the petitioner may 1676
2494-not file the petition. The service provider must notify the 1677
2495-managing entity if the requested services are not available. The 1678
2496-managing entity must document such efforts to obtain the 1679
2497-requested services. 1680
2498- (b) If a patient in involu ntary inpatient placement meets 1681
2499-the criteria for involuntary outpatient services, the 1682
2500-administrator of the facility may, before the expiration of the 1683
2501-period during which the facility is authorized to retain the 1684
2502-patient, recommend involuntary outpatient ser vices. The 1685
2503-recommendation must be supported by the opinion of a 1686
2504-psychiatrist and the second opinion of a clinical psychologist 1687
2505-with at least 3 years of clinical experience, or another 1688
2506-psychiatrist, or a psychiatric nurse practicing within the 1689
2507-framework of an established protocol with a psychiatrist, both 1690
2508-of whom have personally examined the patient within the 1691
2509-preceding 72 hours, that the criteria for involuntary outpatient 1692
2510-services are met. However, if the administrator certifies that a 1693
2511-psychiatrist or clin ical psychologist with at least 3 years of 1694
2512-clinical experience is not available to provide the second 1695
2513-opinion, the second opinion may be provided by a licensed 1696
2514-physician who has postgraduate training and experience in 1697
2515-diagnosis and treatment of mental illn ess, a physician assistant 1698
2516-who has at least 3 years' experience and is supervised by such 1699
2517-licensed physician or a psychiatrist, a clinical social worker, 1700
2518-
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2526-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
2527-
2528-
2529-
2530-a clinical psychologist, or by a psychiatric nurse. Any second 1701
2531-opinion authorized in this subparagraph may be conducted through 1702
2532-a face-to-face examination, in person or by electronic means. 1703
2533-Such recommendation must be entered on an involuntary outpatient 1704
2534-services certificate, and the certificate must be made a part of 1705
2535-the patient's clinical record. 1706
2536- (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES. — 1707
2537- (b)1. If the court concludes that the patient meets the 1708
2538-criteria for involuntary outpatient services pursuant to 1709
2539-subsection (2), the court must shall issue an order for 1710
2540-involuntary outpatient services. The court order must shall be 1711
2541-for a period of up to 90 days. The order must specify the nature 1712
2542-and extent of the patient's mental illness. The order of the 1713
2543-court and the treatment plan m ust be made part of the patient's 1714
2544-clinical record. The service provider shall discharge a patient 1715
2545-from involuntary outpatient services when the order expires or 1716
2546-any time the patient no longer meets the criteria for 1717
2547-involuntary placement. Upon discharge, th e service provider 1718
2548-shall send a certificate of discharge to the court. 1719
2549- 2. The court may not order the department or the service 1720
2550-provider to provide services if the program or service is not 1721
2551-available in the patient's local community, if there is no space 1722
2552-available in the program or service for the patient, or if 1723
2553-funding is not available for the program or service. The service 1724
2554-provider must notify the managing entity if the requested 1725
2555-
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2563-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
2564-
2565-
2566-
2567-services are not available. The managing entity must document 1726
2568-such efforts to obtain the requested services. A copy of the 1727
2569-order must be sent to the managing entity by the service 1728
2570-provider within 1 working day after it is received from the 1729
2571-court. The order may be submitted electronically through 1730
2572-existing data systems. After the order for involuntary services 1731
2573-is issued, the service provider and the patient may modify the 1732
2574-treatment plan. For any material modification of the treatment 1733
2575-plan to which the patient or, if one is appointed, the patient's 1734
2576-guardian advocate agrees, the ser vice provider shall send notice 1735
2577-of the modification to the court. Any material modifications of 1736
2578-the treatment plan which are contested by the patient or the 1737
2579-patient's guardian advocate, if applicable, must be approved or 1738
2580-disapproved by the court consistent with subsection (3). 1739
2581- 3. If, in the clinical judgment of a physician or a 1740
2582-psychiatric nurse practicing within the framework of an 1741
2583-established protocol with a psychiatrist , the patient has failed 1742
2584-or has refused to comply with the treatment ordered by the 1743
2585-court, and, in the clinical judgment of the physician or 1744
2586-psychiatric nurse, efforts were made to solicit compliance and 1745
2587-the patient may meet the criteria for involuntary examination, a 1746
2588-person may be brought to a receiving facility pursuant to s. 1747
2589-394.463. If, after examination, the patient does not meet the 1748
2590-criteria for involuntary inpatient placement pursuant to s. 1749
2591-394.467, the patient must be discharged from the facility. The 1750
2592-
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2600-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
2601-
2602-
2603-
2604-involuntary outpatient services order must shall remain in 1751
2605-effect unless the serv ice provider determines that the patient 1752
2606-no longer meets the criteria for involuntary outpatient services 1753
2607-or until the order expires. The service provider must determine 1754
2608-whether modifications should be made to the existing treatment 1755
2609-plan and must attempt t o continue to engage the patient in 1756
2610-treatment. For any material modification of the treatment plan 1757
2611-to which the patient or the patient's guardian advocate, if 1758
2612-applicable, agrees, the service provider shall send notice of 1759
2613-the modification to the court. Any material modifications of the 1760
2614-treatment plan which are contested by the patient or the 1761
2615-patient's guardian advocate, if applicable, must be approved or 1762
2616-disapproved by the court consistent with subsection (3). 1763
2617- (8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPAT IENT 1764
2618-SERVICES.— 1765
2619- (a)1. If the person continues to meet the criteria for 1766
2620-involuntary outpatient services, the service provider must 1767
2621-shall, at least 10 days before the expiration of the period 1768
2622-during which the treatment is ordered for the person, file in 1769
2623-the court that issued the order for involuntary outpatient 1770
2624-services a petition for continued involuntary outpatient 1771
2625-services. The court shall immediately schedule a hearing on the 1772
2626-petition to be held within 15 days after the petition is filed. 1773
2627- 2. The existing involuntary outpatient services order 1774
2628-remains in effect until disposition on the petition for 1775
2629-
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2637-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
2638-
2639-
2640-
2641-continued involuntary outpatient services. 1776
2642- 3. A certificate must shall be attached to the petition 1777
2643-which includes a statement from the person's physician or 1778
2644-clinical psychologist with at least 3 years of postdoctoral 1779
2645-experience in the practice of clinical psychology justifying the 1780
2646-request, a brief description of the patient's treatment during 1781
2647-the time he or she was receiving involuntary services, and an 1782
2648-individualized plan of continued treatment. 1783
2649- 4. The service provider shall develop the individualized 1784
2650-plan of continued treatment in consultation with the patient or 1785
2651-the patient's guardian advocate, if applicable. When the 1786
2652-petition has been filed, the clerk of the court shall provide 1787
2653-copies of the certificate and the individualized plan of 1788
2654-continued services to the department, the patient, the patient's 1789
2655-guardian advocate, the state attorney, and the patient's private 1790
2656-counsel or the public defender. 1791
2657- Section 22. Subsection (2) of section 394.467, Florida 1792
2658-Statutes, is amended to read: 1793
2659- 394.467 Involuntary inpatient placement. — 1794
2660- (2) ADMISSION TO A TREATMENT FACILITY. —A patient may be 1795
2661-retained by a facility or involuntarily placed in a treatment 1796
2662-facility upon the recommendation of the administrator of the 1797
2663-facility where the patient has been examined and after adherence 1798
2664-to the notice and hearing procedures provided in s. 394.4599. 1799
2665-The recommendation must be supported by the opinion of a 1800
2666-
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2674-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
2675-
2676-
2677-
2678-psychiatrist and the secon d opinion of a clinical psychologist 1801
2679-with at least 3 years of clinical experience, or another 1802
2680-psychiatrist, or a psychiatric nurse practicing within the 1803
2681-framework of an established protocol with a psychiatrist , both 1804
2682-of whom have personally examined the pat ient within the 1805
2683-preceding 72 hours, that the criteria for involuntary inpatient 1806
2684-placement are met. However, if the administrator certifies that 1807
2685-a psychiatrist or clinical psychologist with at least 3 years of 1808
2686-clinical experience is not available to provide the second 1809
2687-opinion, the second opinion may be provided by a licensed 1810
2688-physician who has postgraduate training and experience in 1811
2689-diagnosis and treatment of mental illness , a clinical 1812
2690-psychologist, or by a psychiatric nurse. Any opinion authorized 1813
2691-in this subsection may be conducted through a face -to-face 1814
2692-examination, in person, or by electronic means. Such 1815
2693-recommendation must shall be entered on a petition for 1816
2694-involuntary inpatient placement certificate that authorizes the 1817
2695-facility to retain the patient pend ing transfer to a treatment 1818
2696-facility or completion of a hearing. 1819
2697- Section 23. Subsection (1) of section 394.4781, Florida 1820
2698-Statutes, is amended to read: 1821
2699- 394.4781 Residential care for psychotic and emotionally 1822
2700-disturbed children.— 1823
2701- (1) DEFINITIONS.—As used in this section , the term: 1824
2702- (a)(b) "Department" means the Department of Children and 1825
2703-
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2711-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
2712-
2713-
2714-
2715-Families. 1826
2716- (b)(a) "Psychotic or severely emotionally disturbed child" 1827
2717-means a child so diagnosed by a psychiatrist or a clinical 1828
2718-psychologist with at least 3 years of postdoctoral experience in 1829
2719-the practice of clinical psychology, who must have who has 1830
2720-specialty training and experience with children. Such a severely 1831
2721-emotionally disturbed child or psychotic child shall be 1832
2722-considered by this diagnosis to benefit by and require 1833
2723-residential care as contemplated by this section. 1834
2724- Section 24. Subsection (2) of section 394.4785, Florida 1835
2725-Statutes, is amended to read: 1836
2726- 394.4785 Children and adolescents; admission and placement 1837
2727-in mental facilities. — 1838
2728- (2) A person under th e age of 14 who is admitted to any 1839
2729-hospital licensed pursuant to chapter 395 may not be admitted to 1840
2730-a bed in a room or ward with an adult patient in a mental health 1841
2731-unit or share common areas with an adult patient in a mental 1842
2732-health unit. However, a person 14 years of age or older may be 1843
2733-admitted to a bed in a room or ward in the mental health unit 1844
2734-with an adult if the admitting physician or psychiatric nurse 1845
2735-documents in the case record that such placement is medically 1846
2736-indicated or for reasons of safety. S uch placement must shall be 1847
2737-reviewed by the attending physician or a designee or on -call 1848
2738-physician each day and documented in the case record. 1849
2739- Section 25. Effective upon this act becoming a law, the 1850
2740-
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2748-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
2749-
2750-
2751-
2752-Agency for Health Care Administration shall seek fede ral 1851
2753-approval for coverage and reimbursement authority for mobile 1852
2754-crisis response services pursuant to 42 U.S.C. s. 1396w -6. The 1853
2755-Department of Children and Families must coordinate with the 1854
2756-Agency for Health Care Administration to educate contracted 1855
2757-providers of child, adolescent, and young adult mobile response 1856
2758-team services on the process to enroll as a Medicaid provider, 1857
2759-encourage and incentivize enrollment as a Medicaid provider, and 1858
2760-reduce barriers to maximizing federal reimbursement for 1859
2761-community-based mobile crisis response services. 1860
2762- Section 26. Paragraph (a) of subsection (1) of section 1861
2763-394.875, Florida Statutes, is amended to read: 1862
2764- 394.875 Crisis stabilization units, residential treatment 1863
2765-facilities, and residential treatment centers for childr en and 1864
2766-adolescents; authorized services; license required. — 1865
2767- (1)(a) The purpose of a crisis stabilization unit is to 1866
2768-stabilize and redirect a client to the most appropriate and 1867
2769-least restrictive community setting available, consistent with 1868
2770-the client's needs. Crisis stabilization units may screen, 1869
2771-assess, and admit for stabilization persons who present 1870
2772-themselves to the unit and persons who are brought to the unit 1871
2773-under s. 394.463. Clients may be provided 24 -hour observation, 1872
2774-medication prescribed by a phy sician, or psychiatrist, or 1873
2775-psychiatric nurse performing within the framework of an 1874
2776-established protocol with a psychiatrist, and other appropriate 1875
2777-
2778-CS/CS/HB 1549 2024
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2785-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
2786-
2787-
2788-
2789-services. Crisis stabilization units shall provide services 1876
2790-regardless of the client's ability to pay and sh all be limited 1877
2791-in size to a maximum of 30 beds. 1878
2792- Section 27. Paragraphs (i) and (j) are added to subsection 1879
2793-(1) of section 395.1055, Florida Statutes, to read: 1880
2794- 395.1055 Rules and enforcement. — 1881
2795- (1) The agency shall adopt rules pursuant to ss. 1882
2796-120.536(1) and 120.54 to implement the provisions of this part, 1883
2797-which shall include reasonable and fair minimum standards for 1884
2798-ensuring that: 1885
2799- (i) A hospital does not accept any payment from a medical 1886
2800-school in exchange for, or directly or indirectly related to, 1887
2801-allowing students from the medical school to obtain clinical 1888
2802-hours or instruction at that hospital. 1889
2803- (j) Each hospital with an emergency department, including 1890
2804-a hospital-based off-campus emergency department, submits to the 1891
2805-agency for approval a plan for assisting a patient with gaining 1892
2806-access to appropriate care settings when the patient either 1893
2807-presents at the emergency department with nonemergent health 1894
2808-care needs or indicates, when receiving triage or treatment at 1895
2809-the hospital, that the patient lacks re gular access to primary 1896
2810-care, in order to divert such patient from presenting at the 1897
2811-emergency department for future nonemergent care. Effective July 1898
2812-1, 2025, such emergency department diversion plan must be 1899
2813-approved by the agency before the hospital may r eceive initial 1900
2814-
2815-CS/CS/HB 1549 2024
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2822-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
2823-
2824-
2825-
2826-licensure or licensure renewal occurring after that date. A 1901
2827-hospital with an approved emergency department diversion plan 1902
2828-must submit data to the agency demonstrating the effectiveness 1903
2829-of the hospital's plan on an annual basis and must updat e the 1904
2830-plan as necessary, or as directed by the agency, before each 1905
2831-licensure renewal. An emergency department diversion plan must 1906
2832-include at least one of the following: 1907
2833- 1. A partnership agreement with one or more nearby 1908
2834-federally qualified health centers or other primary care 1909
2835-settings. The goals of such partnership agreement must include, 1910
2836-but need not be limited to, identifying patients who present at 1911
2837-the emergency department for nonemergent care, care that would 1912
2838-be best provided in a primary care setting , or emergency care 1913
2839-that could potentially have been avoided through the regular 1914
2840-provision of primary care; and establishing a relationship 1915
2841-between the patient and the federally qualified health center or 1916
2842-other primary care setting so that the patient deve lops a 1917
2843-medical home at such setting for nonemergent and preventative 1918
2844-health care services. 1919
2845- 2. The establishment, construction, and operation of a 1920
2846-hospital-owned urgent care center adjacent to the hospital 1921
2847-emergency department location or an agreement wit h an urgent 1922
2848-care center within 3 miles of the emergency department if 1923
2849-located in an urban area as defined in s. 189.041(1)(b) and 1924
2850-within 10 miles of the emergency department if located in a 1925
2851-
2852-CS/CS/HB 1549 2024
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2859-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
2860-
2861-
2862-
2863-rural community as defined in s. 288.0656(2). Under the 1926
2864-hospital's emergency department diversion plan, and as 1927
2865-appropriate for the patients' needs, the hospital shall seek to 1928
2866-divert to the urgent care center those patients who present at 1929
2867-the emergency department needing nonemergent health care 1930
2868-services and subsequently a ssist the patient in obtaining 1931
2869-primary care. 1932
2870- 1933
2871-For such patients who are enrolled in the Medicaid program and 1934
2872-are members of a Medicaid managed care plan, the hospital's 1935
2873-emergency department diversion plan must include outreach to the 1936
2874-patients' Medicaid managed care plan and coordination with the 1937
2875-managed care plan for establishing a relationship between the 1938
2876-patient and a primary care setting as appropriate for the 1939
2877-patient, which may include a federally qualified health center 1940
2878-or other primary care setting with which the hospital has a 1941
2879-partnership agreement. For such Medicaid enrollee, the agency 1942
2880-shall establish a process for hospitals to share updated contact 1943
2881-information for such patients, if in the hospital's possession, 1944
2882-with the patient's managed care pl an. 1945
2883- Section 28. Subsections (5) and (6) of section 408.051, 1946
2884-Florida Statutes, are renumbered as subsections (6) and (7), 1947
2885-respectively, and a new subsection (5) is added to that section, 1948
2886-to read: 1949
2887- 408.051 Florida Electronic Health Records Exchange Act. — 1950
2888-
2889-CS/CS/HB 1549 2024
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2896-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
2897-
2898-
2899-
2900- (5) HOSPITAL DATA.—A hospital as defined in s. 395.002(12) 1951
2901-which maintains certified electronic health record technology 1952
2902-must make available admission, transfer, and discharge data to 1953
2903-the agency's Florida Health Information Exchange program for the 1954
2904-purpose of supporting public health data registries and patient 1955
2905-care coordination. The agency may adopt rules to implement this 1956
2906-subsection. 1957
2907- Section 29. Subsection (8) of section 409.909, Florida 1958
2908-Statutes, is renumbered as subsection (10), paragraph (a) of 1959
2909-subsection (6) is amended, and new subsections (8) and (9) are 1960
2910-added to that section, to read: 1961
2911- 409.909 Statewide Medicaid Residency Program. — 1962
2912- (6) The Slots for Doctors Program is established to 1963
2913-address the physician workforce shortage by increasing th e 1964
2914-supply of highly trained physicians through the creation of new 1965
2915-resident positions, which will increase access to care and 1966
2916-improve health outcomes for Medicaid recipients. 1967
2917- (a)1. Notwithstanding subsection (4), the agency shall 1968
2918-annually allocate $100,00 0 to hospitals and qualifying 1969
2919-institutions for each newly created resident position that is 1970
2920-first filled on or after June 1, 2023, and filled thereafter, 1971
2921-and that is accredited by the Accreditation Council for Graduate 1972
2922-Medical Education or the Osteopathic Postdoctoral Training 1973
2923-Institution in an initial or established accredited training 1974
2924-program which is in a physician specialty or subspecialty in a 1975
2925-
2926-CS/CS/HB 1549 2024
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2933-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
2934-
2935-
2936-
2937-statewide supply-and-demand deficit. 1976
2938- 2. Notwithstanding the requirement that a new resident 1977
2939-position be created to receive funding under this subsection, 1978
2940-the agency may allocate $100,000 to hospitals and qualifying 1979
2941-institutions, pursuant to subparagraph 1., for up to 200 1980
2942-resident positions that existed before July 1, 2023, if such 1981
2943-resident position: 1982
2944- a. Is in a physician specialty or subspecialty 1983
2945-experiencing a statewide supply -and-demand deficit. 1984
2946- b. Has been unfilled for a period of 3 or more years. 1985
2947- c. Is subsequently filled on or after June 1, 2024, and 1986
2948-remains filled thereafter. 1987
2949- d. Is accredited by the Accreditation Council for Graduate 1988
2950-Medical Education or the Osteopathic Postdoctoral Training 1989
2951-Institution in an initial or established accredited training 1990
2952-program. 1991
2953- 3. If applications for resident positions under this 1992
2954-paragraph exceed the number of author ized resident positions or 1993
2955-the available funding allocated, the agency shall prioritize 1994
2956-applications for resident positions that are in a primary care 1995
2957-specialty as specified in paragraph (2)(a). 1996
2958- (8) A hospital or qualifying institution that receives 1997
2959-state funds, including, but not limited to, intergovernmental 1998
2960-transfers, for a graduate medical education program under any of 1999
2961-the programs established under this chapter or under the General 2000
2962-
2963-CS/CS/HB 1549 2024
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2970-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
2971-
2972-
2973-
2974-Appropriations Act, must annually report data to the agency in a 2001
2975-format established by the agency. To facilitate ongoing analysis 2002
2976-of the performance of the state's graduate medical education 2003
2977-system, the agency shall consult with the Office of Program 2004
2978-Policy Analysis and Government Accountability regarding the 2005
2979-content of the data reported, the manner of reporting, and 2006
2980-compilation of the data by the agency. 2007
2981- (a) Hospitals and qualifying institutions must report, at 2008
2982-a minimum, the following: 2009
2983- 1. For each program, the sponsoring institution, the 2010
2984-program level, specialty and s ubspecialty as applicable, the 2011
2985-number of approved and filled positions, and the location. As 2012
2986-used in this section, the term "sponsoring institution" means an 2013
2987-organization that oversees, supports, and administers one or 2014
2988-more resident positions. 2015
2989- 2. For each position, the year the position was created, 2016
2990-whether the position is currently filled and whether there has 2017
2991-been any period of time when the position was not filled, each 2018
2992-state and federal funding source used to create or maintain the 2019
2993-position, and the general purpose for which the funds were used. 2020
2994- 3. For each filled position, the current program year of 2021
2995-the resident who is filling the position, the specialty or 2022
2996-subspecialty for which the position is accredited, and whether 2023
2997-the position is a fellowship position. 2024
2998- 4. For each sponsoring institution, the number of 2025
2999-
3000-CS/CS/HB 1549 2024
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3007-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
3008-
3009-
3010-
3011-programs, number of approved and filled positions, and 2026
3012-sponsoring institution location. 2027
3013- (b) Specific to funds allocated pursuant to subsection (5) 2028
3014-on or after July 1, 2021, the data must inclu de, but is not 2029
3015-limited to, all of the following: 2030
3016- 1. The date on which the hospital or qualifying 2031
3017-institution applied for funds under the program. 2032
3018- 2. The date on which the position funded by the program 2033
3019-became accredited. 2034
3020- 3. The date on which the posi tion was first filled and 2035
3021-whether it has remained filled. 2036
3022- 4. The specialty of the position created. 2037
3023- (c) Beginning on July 1, 2025, each hospital or qualifying 2038
3024-institution shall annually produce detailed financial records no 2039
3025-later than 30 days after the end of its fiscal year, detailing 2040
3026-the manner in which state funds allocated under this section 2041
3027-were expended. This requirement does not apply to funds 2042
3028-allocated before July 1, 2025. The agency may also require that 2043
3029-any hospital or qualifying institution s ubmit to an audit of its 2044
3030-financial records related to funds allocated under this section 2045
3031-after July 1, 2025. 2046
3032- (d) If a hospital or qualifying institution fails to 2047
3033-produce records as required by this section, such hospital or 2048
3034-qualifying institution is no l onger eligible to participate in 2049
3035-any program established under this section until the hospital or 2050
3036-
3037-CS/CS/HB 1549 2024
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3044-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
3045-
3046-
3047-
3048-qualifying institution has met the agency's requirements for 2051
3049-producing the required records. 2052
3050- (e) Upon completion of a residency, each hospital or 2053
3051-qualifying institution must request that the resident fill out 2054
3052-an exit survey on a form developed by the agency. The completed 2055
3053-exit surveys must be provided to the agency annually. The exit 2056
3054-survey must include, but need not be limited to, questions on 2057
3055-all of the following: 2058
3056- 1. Whether the exiting resident has procured employment. 2059
3057- 2. Whether the exiting resident plans to leave the state 2060
3058-and, if so, for which reasons. 2061
3059- 3. Where and in which specialty the exiting resident 2062
3060-intends to practice. 2063
3061- 4. Whether the exitin g resident envisions himself or 2064
3062-herself working in the medical field as a long -term career. 2065
3063- (9) The Graduate Medical Education Committee is created 2066
3064-within the agency. 2067
3065- (a) The committee shall be composed of the following 2068
3066-members: 2069
3067- 1. Three deans, or th e deans' designees, from medical 2070
3068-schools in the state, appointed by the chair of the Council of 2071
3069-Florida Medical School Deans. 2072
3070- 2. Four members appointed by the Governor, one of whom is 2073
3071-a representative of the Florida Medical Association or the 2074
3072-Florida Osteopathic Medical Association who has supervised or is 2075
3073-
3074-CS/CS/HB 1549 2024
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3081-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
3082-
3083-
3084-
3085-currently supervising residents, one of whom is a member of the 2076
3086-Florida Hospital Association, one of whom is a member of the 2077
3087-Safety Net Hospital Alliance, and one of whom is a physician 2078
3088-licensed under chapter 458 or chapter 459 practicing at a 2079
3089-qualifying institution. 2080
3090- 3. Two members appointed by the Secretary of Health Care 2081
3091-Administration, one of whom represents a statutory teaching 2082
3092-hospital as defined in s. 408.07(46) and one of whom is a 2083
3093-physician who has supervised or is currently supervising 2084
3094-residents. 2085
3095- 4. Two members appointed by the State Surgeon General, one 2086
3096-of whom must represent a teaching hospital as defined in s. 2087
3097-408.07 and one of whom is a physician who has supervised or is 2088
3098-currently supervising residents or interns. 2089
3099- 5. Two members, one appointed by the President of the 2090
3100-Senate and one appointed by the Speaker of the House of the 2091
3101-Representatives. 2092
3102- (b)1. The members of the committee appointed under 2093
3103-subparagraph (a)1. shall serve 4 -year terms. When such members' 2094
3104-terms expire, the chair of the Council of Florida Medical School 2095
3105-Deans shall appoint new members as detailed in paragraph (a)1. 2096
3106-from different medical schools on a rotating basis and may not 2097
3107-reappoint a dean from a medical school that has been represented 2098
3108-on the committee until all medical schools in the state have had 2099
3109-an opportunity to be represented on the committee. 2100
3110-
3111-CS/CS/HB 1549 2024
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3118-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
3119-
3120-
3121-
3122- 2. The members of the committee appointed under 2101
3123-subparagraphs (a)2., 3., and 4. shall serve 4 -year terms, with 2102
3124-the initial term being 3 years for members appointed under 2103
3125-subparagraph (a)4. and 2 years for members appointed under 2104
3126-subparagraph (a)3. The committee shall elect a chair to serve 2105
3127-for a 1-year term. 2106
3128- (c) Members shall serve without compensation but are 2107
3129-entitled to reimbursement for per diem and travel expenses 2108
3130-pursuant to s. 112.061. 2109
3131- (d) The committee shall convene its first meeting by July 2110
3132-1, 2024, and shall meet as often as necessary to conduct its 2111
3133-business, but at least twice annually, at the call of the ch air. 2112
3134-The committee may conduct its meetings though teleconference or 2113
3135-other electronic means. A majority of the members of the 2114
3136-committee constitutes a quorum, and a meeting may not be held 2115
3137-with less than a quorum present. The affirmative vote of a 2116
3138-majority of the members of the committee present is necessary 2117
3139-for any official action by the committee. 2118
3140- (e) Beginning on July 1, 2025, the committee shall submit 2119
3141-to the Governor, the President of the Senate, and the Speaker of 2120
3142-the House of Representatives an annu al report that must, at a 2121
3143-minimum, detail all of the following: 2122
3144- 1. The role of residents and medical faculty in the 2123
3145-provision of health care. 2124
3146- 2. The relationship of graduate medical education to the 2125
3147-
3148-CS/CS/HB 1549 2024
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3155-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
3156-
3157-
3158-
3159-state's physician workforce. 2126
3160- 3. The typical workloa d for residents and the role such 2127
3161-workload plays in retaining physicians in the long -term 2128
3162-workforce. 2129
3163- 4. The costs of training medical residents for hospitals 2130
3164-and qualifying institutions. 2131
3165- 5. The availability and adequacy of all sources of revenue 2132
3166-available to support graduate medical education. 2133
3167- 6. The use of state funds, including, but not limited to, 2134
3168-intergovernmental transfers, for graduate medical education for 2135
3169-each hospital or qualifying institution receiving such funds. 2136
3170- (f) The agency shall provide reasonable and necessary 2137
3171-support staff and materials to assist the committee in the 2138
3172-performance of its duties. The agency shall also provide the 2139
3173-information obtained pursuant to subsection (8) to the committee 2140
3174-and assist the committee, as requested , in obtaining any other 2141
3175-information deemed necessary by the committee to produce its 2142
3176-report. 2143
3177- Section 30. Section 409.91256, Florida Statutes, is 2144
3178-created to read: 2145
3179- 409.91256 Training, Education, and Clinicals in Health 2146
3180-(TEACH) Funding Program. — 2147
3181- (1) PURPOSE AND INTENT. —The Training, Education, and 2148
3182-Clinicals in Health (TEACH) Funding Program is created to 2149
3183-provide a high-quality educational experience while supporting 2150
3184-
3185-CS/CS/HB 1549 2024
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3192-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
3193-
3194-
3195-
3196-participating qualified health centers, community mental health 2151
3197-centers, rural health clinics, and certified community 2152
3198-behavioral health clinics by offsetting administrative costs and 2153
3199-loss of revenue associated with training residents and students 2154
3200-to become licensed health care practitioners. Further, it is the 2155
3201-intent of the Legislatur e to use the program to support the 2156
3202-state Medicaid program and underserved populations by expanding 2157
3203-the available health care workforce. 2158
3204- (2) DEFINITIONS.—As used in this section, the term: 2159
3205- (a) "Agency" means the Agency for Health Care 2160
3206-Administration. 2161
3207- (b) "Preceptor" means a Florida -licensed health care 2162
3208-practitioner who directs, teaches, supervises, and evaluates the 2163
3209-learning experience of a resident or student during a clinical 2164
3210-rotation. 2165
3211- (c) "Primary care specialty" means general internal 2166
3212-medicine, family medicine, obstetrics and gynecology, 2167
3213-pediatrics, psychiatry, geriatric medicine, or any other 2168
3214-specialty the agency identifies as primary care. 2169
3215- (d) "Qualified facility" means a federally qualified 2170
3216-health center, a community mental health center, ru ral health 2171
3217-clinic, or a certified community behavioral health clinic. 2172
3218- (3) APPLICATION FOR REIMBURSEMENT; AGREEMENTS; 2173
3219-PARTICIPATION REQUIREMENTS. —The agency shall develop an 2174
3220-application process for qualified facilities to apply for funds 2175
3221-
3222-CS/CS/HB 1549 2024
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3229-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
3230-
3231-
3232-
3233-to offset the administrative costs and loss of revenue 2176
3234-associated with establishing, maintaining, or expanding a 2177
3235-clinical training program. Upon approving an application, the 2178
3236-agency shall enter into an agreement with the qualified facility 2179
3237-which, at minimum, must require e ach qualified facility to do 2180
3238-all of the following: 2181
3239- (a) Agree to provide appropriate supervision or precepting 2182
3240-for one or more of the following categories of residents or 2183
3241-students: 2184
3242- 1. Allopathic or osteopathic residents pursuing a primary 2185
3243-care specialty. 2186
3244- 2. Advanced practice registered nursing students pursuing 2187
3245-a primary care specialty. 2188
3246- 3. Nursing students. 2189
3247- 4. Allopathic or osteopathic medical students. 2190
3248- 5. Dental students. 2191
3249- 6. Physician assistant students. 2192
3250- 7. Behavioral health students, includ ing students studying 2193
3251-psychology, clinical social work, marriage and family therapy, 2194
3252-or mental health counseling. 2195
3253- (b) Meet and maintain all requirements to operate an 2196
3254-accredited residency program if the qualified facility operates 2197
3255-a residency program. 2198
3256- (c) Obtain and maintain accreditation from an 2199
3257-accreditation body approved by the agency if the qualified 2200
3258-
3259-CS/CS/HB 1549 2024
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3266-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
3267-
3268-
3269-
3270-facility provides clinical rotations. 2201
3271- (d) Ensure that clinical preceptors meet agency standards 2202
3272-for precepting students, including the completion of any 2203
3273-training required by the agency. 2204
3274- (e) Submit to the agency quarterly reports by the first 2205
3275-day of the second month following the end of a quarter to obtain 2206
3276-reimbursement. At a minimum, the report must include all of the 2207
3277-following: 2208
3278- 1. The type of resi dency or clinical rotation offered by 2209
3279-the qualified facility, the number of residents or students 2210
3280-participating in each type of clinical rotation or residency, 2211
3281-and the number of hours worked by each resident or student each 2212
3282-month. 2213
3283- 2. Evaluations by the r esidents and student participants 2214
3284-of the clinical experience on an evaluation form developed by 2215
3285-the agency. 2216
3286- 3. An itemized list of administrative costs associated 2217
3287-with the operation of the clinical training program, including 2218
3288-accreditation costs and othe r costs relating to the creation, 2219
3289-implementation, and maintenance of the program. 2220
3290- 4. A calculation of lost revenue associated with operating 2221
3291-the clinical training program. 2222
3292- (4) TRAINING.—The agency, in consultation with the 2223
3293-Department of Health, shall d evelop, or contract for the 2224
3294-development of, training for preceptors and make such training 2225
3295-
3296-CS/CS/HB 1549 2024
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3303-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
3304-
3305-
3306-
3307-available in either a live or electronic format. The agency 2226
3308-shall also provide technical support for preceptors. 2227
3309- (5) REIMBURSEMENT.—A qualified facility may be rei mbursed 2228
3310-under this section only to offset the administrative costs or 2229
3311-lost revenue associated with training students, allopathic 2230
3312-residents, or osteopathic residents who are enrolled in an 2231
3313-accredited educational or residency program based in the state. 2232
3314- (a) Subject to an appropriation, the agency may reimburse 2233
3315-a qualified facility based on the number of clinical training 2234
3316-hours reported under subparagraph (3)(e)1. The allowed 2235
3317-reimbursement per student is as follows: 2236
3318- 1. A medical resident at a rate of $50 p er hour. 2237
3319- 2. A first-year medical student at a rate of $27 per hour. 2238
3320- 3. A second-year medical student at a rate of $27 per 2239
3321-hour. 2240
3322- 4. A third-year medical student at a rate of $29 per hour. 2241
3323- 5. A fourth-year medical student at a rate of $29 per 2242
3324-hour. 2243
3325- 6. A dental student at a rate of $22 per hour. 2244
3326- 7. An advanced practice registered nursing student at a 2245
3327-rate of $22 per hour. 2246
3328- 8. A physician assistant student at a rate of $22 per 2247
3329-hour. 2248
3330- 9. A behavioral health student at a rate of $15 per hour. 2249
3331- (b) A qualified facility may not be reimbursed more than 2250
3332-
3333-CS/CS/HB 1549 2024
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3335-
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3338-hb1549-02-c2
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3340-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
3341-
3342-
3343-
3344-$75,000 per fiscal year; however, if it operates a residency 2251
3345-program, it may be reimbursed up to $100,000 each fiscal year. 2252
3346- (6) DATA.—A qualified facility that receives payment under 2253
3347-the program shall furnish information requested by the agency 2254
3348-for the purpose of the agency's duties under subsections (7) and 2255
3349-(8). 2256
3350- (7) REPORTS.—By December 1, 2025, and each December 1 2257
3351-thereafter, the agency shall submit to the Governor, the 2258
3352-President of the Senate, and the Speaker of the House of 2259
3353-Representatives a report detailing the effects of the program 2260
3354-for the prior fiscal year, including, but not limited to, all of 2261
3355-the following: 2262
3356- (a) The number of students trained in the program, by 2263
3357-school, area of study, and cli nical hours earned. 2264
3358- (b) The number of students trained and the amount of 2265
3359-program funds received by each participating qualified facility. 2266
3360- (c) The number of program participants found to be 2267
3361-employed by a qualified facility or in a federally designated 2268
3362-health professional shortage area upon completion of such 2269
3363-participants' education and training. 2270
3364- (d) Any other data the agency deems useful for determining 2271
3365-the effectiveness of the program. 2272
3366- (8) EVALUATION.—The agency shall contract with an 2273
3367-independent third party to develop and conduct a design study to 2274
3368-evaluate the impact of the TEACH funding program, including, but 2275
3369-
3370-CS/CS/HB 1549 2024
3371-
3372-
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3377-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
3378-
3379-
3380-
3381-not limited to, the program's effectiveness in both of the 2276
3382-following areas: 2277
3383- (a) Enabling qualified facilities to provide clinical 2278
3384-rotations and residency opportunities to students and medical 2279
3385-school graduates, as applicable. 2280
3386- (b) Enabling the recruitment and retention of health care 2281
3387-professionals in geographic and practice areas experiencing 2282
3388-shortages. 2283
3389- 2284
3390-The agency shall begin collec ting data for the study by January 2285
3391-1, 2025, and shall submit the results of the study to the 2286
3392-Governor, the President of the Senate, and the Speaker of the 2287
3393-House of Representatives by January 1, 2030. 2288
3394- (9) RULES.—The agency may adopt rules to implement thi s 2289
3395-section. 2290
3396- (10) FEDERAL FUNDING. —The agency shall seek federal 2291
3397-approval to use Title XIX matching funds for the program. 2292
3398- (11) REPEAL.—This section is repealed on July 1, 2034. 2293
3399- Section 31. Paragraph (e) of subsection (2) of section 2294
3400-409.967, Florida Statutes, is amended to read: 2295
3401- 409.967 Managed care plan accountability. — 2296
3402- (2) The agency shall establish such contract requirements 2297
3403-as are necessary for the operation of the statewide managed care 2298
3404-program. In addition to any other provisions the agency may deem 2299
3405-necessary, the contract must require: 2300
3406-
3407-CS/CS/HB 1549 2024
3408-
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3414-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
3415-
3416-
3417-
3418- (e) Encounter data.—The agency shall maintain and operate 2301
3419-a Medicaid Encounter Data System to collect, process, store, and 2302
3420-report on covered services provided to all Medicaid recipients 2303
3421-enrolled in prepaid p lans. 2304
3422- 1. Each prepaid plan must comply with the agency's 2305
3423-reporting requirements for the Medicaid Encounter Data System. 2306
3424-Prepaid plans must submit encounter data electronically in a 2307
3425-format that complies with the Health Insurance Portability and 2308
3426-Accountability Act provisions for electronic claims and in 2309
3427-accordance with deadlines established by the agency. Prepaid 2310
3428-plans must certify that the data reported is accurate and 2311
3429-complete. 2312
3430- 2. The agency is responsible for validating the data 2313
3431-submitted by the plans. The agency shall develop methods and 2314
3432-protocols for ongoing analysis of the encounter data that 2315
3433-adjusts for differences in characteristics of prepaid plan 2316
3434-enrollees to allow comparison of service utilization among plans 2317
3435-and against expected levels of use. The analysis shall be used 2318
3436-to identify possible cases of systemic underutilization or 2319
3437-denials of claims and inappropriate service utilization such as 2320
3438-higher-than-expected emergency department encounters. The 2321
3439-analysis shall provide periodic feedback to the plans and enable 2322
3440-the agency to establish corrective action plans when necessary. 2323
3441-One of the focus areas for the analysis shall be the use of 2324
3442-prescription drugs. 2325
3443-
3444-CS/CS/HB 1549 2024
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3446-
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3451-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
3452-
3453-
3454-
3455- 3. The agency shall make encounter data available to those 2326
3456-plans accepting enrollees who are assigned to them from other 2327
3457-plans leaving a region. 2328
3458- 4. The agency shall annually produce a report entitled 2329
3459-"Analysis of Potentially Preventable Health Care Events of 2330
3460-Florida Medicaid Enrollees." The report must include, but need 2331
3461-not be limited to, an ana lysis of the potentially preventable 2332
3462-hospital emergency department visits, hospital admissions, and 2333
3463-hospital readmissions that occurred during the previous state 2334
3464-fiscal year which may have been prevented with better access to 2335
3465-primary care, improved medicat ion management, or better 2336
3466-coordination of care, reported by age, eligibility group, 2337
3467-managed care plan, and region, including conditions contributing 2338
3468-to each potentially preventable event or category of potentially 2339
3469-preventable events. The agency may include any other data or 2340
3470-analysis parameters to augment the report that it deems 2341
3471-pertinent to the analysis. The report must demonstrate trends 2342
3472-using applicable historical data. The agency shall submit the 2343
3473-report to the Governor, the President of the Senate, and the 2344
3474-Speaker of the House of Representatives by October 1, 2024, and 2345
3475-each October 1 thereafter. The agency may contract with a third -2346
3476-party vendor to produce the report required under this 2347
3477-subparagraph. 2348
3478- Section 32. Subsection (4) of section 409.973, Florida 2349
3479-Statutes, is amended to read: 2350
3480-
3481-CS/CS/HB 1549 2024
3482-
3483-
3484-
3485-CODING: Words stricken are deletions; words underlined are additions.
3486-hb1549-02-c2
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3488-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
3489-
3490-
3491-
3492- 409.973 Benefits.— 2351
3493- (4) PRIMARY CARE INITIATIVE. —Each plan operating in the 2352
3494-managed medical assistance program shall establish a program to 2353
3495-encourage enrollees to establish a relationship with their 2354
3496-primary care provider. Each plan shall: 2355
3497- (a) Provide information to each enrollee on the importance 2356
3498-of and procedure for selecting a primary care provider, and 2357
3499-thereafter automatically assign to a primary care provider any 2358
3500-enrollee who fails to choose a primary care prov ider. 2359
3501- (b) If the enrollee was not a Medicaid recipient before 2360
3502-enrollment in the plan, assist the enrollee in scheduling an 2361
3503-appointment with the primary care provider. If possible , the 2362
3504-appointment should be made within 30 days after enrollment in 2363
3505-the plan. If an appointment is not made within such 30 -day 2364
3506-period, the plan must continue assisting the enrollee to 2365
3507-schedule an initial appointment. 2366
3508- (c) Report to the agency the number of enrollees assigned 2367
3509-to each primary care provider within the plan's network . 2368
3510- (d) Report to the agency the number of enrollees who have 2369
3511-not had an appointment with their primary care provider within 2370
3512-their first year of enrollment. 2371
3513- (e) Report to the agency the number of emergency room 2372
3514-visits by enrollees who have not had at lea st one appointment 2373
3515-with their primary care provider. 2374
3516- (f) Coordinate with a hospital that contacts the plan 2375
3517-
3518-CS/CS/HB 1549 2024
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3520-
3521-
3522-CODING: Words stricken are deletions; words underlined are additions.
3523-hb1549-02-c2
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3525-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
3526-
3527-
3528-
3529-under the requirements of s. 395.1055(1)(j) for the purpose of 2376
3530-establishing the appropriate delivery of primary care services 2377
3531-for the plan's member s who present at the hospital's emergency 2378
3532-department for nonemergent care or emergency care that could 2379
3533-potentially have been avoided through the regular provision of 2380
3534-primary care. The plan shall coordinate with such member and the 2381
3535-member's primary care pro vider for such purpose. 2382
3536- Section 33. The Agency for Health Care Administration 2383
3537-shall seek federal approval necessary to implement an acute 2384
3538-hospital care at home program in the state Medicaid program 2385
3539-which is substantially consistent with the parameters specified 2386
3540-in 42 U.S.C. s. 1395cc –7(a)(2)-(3). 2387
3541- Section 34. Subsection (10) of section 456.073, Florida 2388
3542-Statutes, is amended to read: 2389
3543- 456.073 Disciplinary proceedings. —Disciplinary proceedings 2390
3544-for each board shall be within the jurisdiction of the 2391
3545-department. 2392
3546- (10)(a) The complaint and all information obtained 2393
3547-pursuant to the investigation by the department are confidential 2394
3548-and exempt from s. 119.07(1) until 10 days after probable cause 2395
3549-has been found to exist by the probable cause panel or by the 2396
3550-department, or until the regulated professional or subject of 2397
3551-the investigation waives his or her privilege of 2398
3552-confidentiality, whichever occurs first. 2399
3553- (b) The department shall report any significant 2400
3554-
3555-CS/CS/HB 1549 2024
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3557-
3558-
3559-CODING: Words stricken are deletions; words underlined are additions.
3560-hb1549-02-c2
3561-Page 97 of 272
3562-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
3563-
3564-
3565-
3566-investigation information relating to a nurse holding a 2401
3567-multistate license to the coordinated licensure information 2402
3568-system pursuant to s. 464.0095 ; any investigative information 2403
3569-relating to an audiologist or a speech -language pathologist 2404
3570-holding a compact privilege under the Practice of Audiology and 2405
3571-Speech-Language Pathology Interstate Compact to the data system 2406
3572-pursuant to s. 468.1335; any significant investigatory 2407
3573-information relating to a psychologist practicing under the 2408
3574-Psychology Interjurisdictional Compact to the coordinated 2409
3575-licensure information system pu rsuant to s. 490.0075; , and any 2410
3576-significant investigatory information relating to a health care 2411
3577-practitioner practicing under the Professional Counselors 2412
3578-Licensure Compact to the data system pursuant to s. 491.017 , and 2413
3579-any significant investigatory informa tion relating to a 2414
3580-psychologist practicing under the Psychology Interjurisdictional 2415
3581-Compact to the coordinated licensure information system pursuant 2416
3582-to s. 490.0075. 2417
3583- (c) Upon completion of the investigation and a 2418
3584-recommendation by the department to find p robable cause, and 2419
3585-pursuant to a written request by the subject or the subject's 2420
3586-attorney, the department shall provide the subject an 2421
3587-opportunity to inspect the investigative file or, at the 2422
3588-subject's expense, forward to the subject a copy of the 2423
3589-investigative file. Notwithstanding s. 456.057, the subject may 2424
3590-inspect or receive a copy of any expert witness report or 2425
3591-
3592-CS/CS/HB 1549 2024
3593-
3594-
3595-
3596-CODING: Words stricken are deletions; words underlined are additions.
3597-hb1549-02-c2
3598-Page 98 of 272
3599-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
3600-
3601-
3602-
3603-patient record connected with the investigation if the subject 2426
3604-agrees in writing to maintain the confidentiality of any 2427
3605-information received u nder this subsection until 10 days after 2428
3606-probable cause is found and to maintain the confidentiality of 2429
3607-patient records pursuant to s. 456.057. The subject may file a 2430
3608-written response to the information contained in the 2431
3609-investigative file. Such response mu st be filed within 20 days 2432
3610-of mailing by the department, unless an extension of time has 2433
3611-been granted by the department. 2434
3612- (d) This subsection does not prohibit the department from 2435
3613-providing the complaint and any information obtained pursuant to 2436
3614-the department's investigation such information to any law 2437
3615-enforcement agency or to any other regulatory agency. 2438
3616- Section 35. Subsection (5) of section 456.076, Florida 2439
3617-Statutes, is amended to read: 2440
3618- 456.076 Impaired practitioner programs. — 2441
3619- (5) A consultant sh all enter into a participant contract 2442
3620-with an impaired practitioner and shall establish the terms of 2443
3621-monitoring and shall include the terms in a participant 2444
3622-contract. In establishing the terms of monitoring, the 2445
3623-consultant may consider the recommendations of one or more 2446
3624-approved evaluators, treatment programs, or treatment providers. 2447
3625-A consultant may modify the terms of monitoring if the 2448
3626-consultant concludes, through the course of monitoring, that 2449
3627-extended, additional, or amended terms of monitoring are 2450
3628-
3629-CS/CS/HB 1549 2024
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3631-
3632-
3633-CODING: Words stricken are deletions; words underlined are additions.
3634-hb1549-02-c2
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3636-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
3637-
3638-
3639-
3640-required for the protection of the health, safety, and welfare 2451
3641-of the public. If the impaired practitioner is a physical 2452
3642-therapist or physical therapist assistant practicing under the 2453
3643-Physical Therapy Licensure Compact pursuant to s. 486.112, a 2454
3644-psychologist practicing under the Psychology Interjurisdictional 2455
3645-Compact pursuant to s. 490.0075, or a health care practitioner 2456
3646-practicing under the Professional Counselors Licensure Compact 2457
3647-pursuant to s. 491.017, the terms of the monitoring contract 2458
3648-must include the impaired practitioner's withdrawal from all 2459
3649-practice under the compact. If the impaired practitioner is a 2460
3650-physical therapist or physical therapist assistant practicing 2461
3651-under the Physical Therapy Licensure Compact pursuant to s. 2462
3652-486.112 psychologist practici ng under the Psychology 2463
3653-Interjurisdictional Compact pursuant to s. 490.0075 , the terms 2464
3654-of the monitoring contract must include the impaired 2465
3655-practitioner's withdrawal from all practice under the compact 2466
3656-unless authorized by a member state . 2467
3657- Section 36. Section 456.4501, Florida Statutes, is created 2468
3658-to read: 2469
3659- 456.4501 Interstate Medical Licensure Compact. —The 2470
3660-Interstate Medical Licensure Compact is hereby enacted into law 2471
3661-and entered into by this state with all other jurisdictions 2472
3662-legally joining therein in the form substantially as follows: 2473
3663- 2474
3664-SECTION 1 2475
3665-
3666-CS/CS/HB 1549 2024
3667-
3668-
3669-
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3671-hb1549-02-c2
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3673-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
3674-
3675-
3676-
3677-PURPOSE 2476
3678- 2477
3679- In order to strengthen access to health care, and in 2478
3680-recognition of the advances in the delivery of health care, the 2479
3681-member states of the Interstate Medical Licensure Compact have 2480
3682-allied in common purpose to develop a comprehensive process that 2481
3683-complements the existing licensing and regulatory authority of 2482
3684-state medical boards and provides a streamlined process that 2483
3685-allows physicians to become licensed in multiple states, thereby 2484
3686-enhancing the portability of a medical license and ensuring the 2485
3687-safety of patients. The compact creates another pathway for 2486
3688-licensure and does not otherwise change a state's existing 2487
3689-medical practice act. The compact also adopts the prevailing 2488
3690-standard for licensure and affi rms that the practice of medicine 2489
3691-occurs where the patient is located at the time of the 2490
3692-physician-patient encounter, and therefore, requires the 2491
3693-physician to be under the jurisdiction of the state medical 2492
3694-board where the patient is located. State medical boards that 2493
3695-participate in the compact retain the jurisdiction to impose an 2494
3696-adverse action against a license to practice medicine in that 2495
3697-state issued to a physician through the procedures in the 2496
3698-compact. 2497
3699- 2498
3700-SECTION 2 2499
3701-DEFINITIONS 2500
3702-
3703-CS/CS/HB 1549 2024
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3705-
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3710-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
3711-
3712-
3713-
3714- 2501
3715- As used in this compact, the term: 2502
3716- (1) "Bylaws" means those bylaws established by the 2503
3717-Interstate Commission pursuant to Section 11 for its governance, 2504
3718-or for directing and controlling its actions and conduct. 2505
3719- (2) "Commissioner" means the voting representative 2506
3720-appointed by each member board pursuant to Section 11. 2507
3721- (3) "Convicted" means a finding by a court that an 2508
3722-individual is guilty of a criminal offense through adjudication 2509
3723-or entry of a plea of guilt or no contest to the charge by the 2510
3724-offender. Evidence of an entry of a co nviction of a criminal 2511
3725-offense by the court shall be considered final for purposes of 2512
3726-disciplinary action by a member board. 2513
3727- (4) "Expedited license" means a full and unrestricted 2514
3728-medical license granted by a member state to an eligible 2515
3729-physician through the process set forth in the compact. 2516
3730- (5) "Interstate Commission" means the Interstate Medical 2517
3731-Licensure Compact Commission created pursuant to Section 11. 2518
3732- (6) "License" means authorization by a state for a 2519
3733-physician to engage in the practice of medici ne, which would be 2520
3734-unlawful without the authorization. 2521
3735- (7) "Medical practice act" means laws and regulations 2522
3736-governing the practice of allopathic and osteopathic medicine 2523
3737-within a member state. 2524
3738- (8) "Member board" means a state agency in a member state 2525
3739-
3740-CS/CS/HB 1549 2024
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3742-
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3747-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
3748-
3749-
3750-
3751-that acts in the sovereign interests of the state by protecting 2526
3752-the public through licensure, regulation, and education of 2527
3753-physicians as directed by the state government. 2528
3754- (9) "Member state" means a state that has enacted the 2529
3755-Compact. 2530
3756- (10) "Offense" means a felony, high court misdemeanor, or 2531
3757-crime of moral turpitude. 2532
3758- 2533
3759- (11) "Physician" means any person who: 2534
3760- (a) Is a graduate of a medical school accredited by the 2535
3761-Liaison Committee on Medical Education, the Commission on 2536
3762-Osteopathic College Accredita tion, or a medical school listed in 2537
3763-the International Medical Education Directory or its equivalent; 2538
3764- (b) Passed each component of the United States Medical 2539
3765-Licensing Examination (USMLE) or the Comprehensive Osteopathic 2540
3766-Medical Licensing Examination (COML EX-USA) within three 2541
3767-attempts, or any of its predecessor examinations accepted by a 2542
3768-state medical board as an equivalent examination for licensure 2543
3769-purposes; 2544
3770- (c) Successfully completed graduate medical education 2545
3771-approved by the Accreditation Council for G raduate Medical 2546
3772-Education or the American Osteopathic Association; 2547
3773- (d) Holds specialty certification or a time -unlimited 2548
3774-specialty certificate recognized by the American Board of 2549
3775-Medical Specialties or the American Osteopathic Association's 2550
3776-
3777-CS/CS/HB 1549 2024
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3779-
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3784-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
3785-
3786-
3787-
3788-Bureau of Osteopathic Specialists; however, the specialty 2551
3789-certification or a time -unlimited specialty certificate does not 2552
3790-have to be maintained once a physician is initially determined 2553
3791-to be eligible for expedited licensure through the Compact; 2554
3792- (e) Possesses a full and unrestricted license to engage in 2555
3793-the practice of medicine issued by a member board; 2556
3794- (f) Has never been convicted, received adjudication, 2557
3795-deferred adjudication, community supervision, or deferred 2558
3796-disposition for any offense by a court of appropriate 2559
3797-jurisdiction; 2560
3798- (g) Has never held a license authorizing the practice of 2561
3799-medicine subjected to discipline by a licensing agency in any 2562
3800-state, federal, or foreign jurisdiction, excluding any action 2563
3801-related to nonpayment of fees related to a license; 2564
3802- (h) Has never had a controlled substance license or permit 2565
3803-suspended or revoked by a state or the United States Drug 2566
3804-Enforcement Administration; and 2567
3805- (i) Is not under active investigation by a licensing 2568
3806-agency or law enforcement authority in any state, federal , or 2569
3807-foreign jurisdiction. 2570
3808- (12) "Practice of medicine" means the diagnosis, 2571
3809-treatment, prevention, cure, or relieving of a human disease, 2572
3810-ailment, defect, complaint, or other physical or mental 2573
3811-condition by attendance, advice, device, diagnostic test, or 2574
3812-other means, or offering, undertaking, attempting to do, or 2575
3813-
3814-CS/CS/HB 1549 2024
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3816-
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3821-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
3822-
3823-
3824-
3825-holding oneself out as able to do any of these acts. 2576
3826- (13) "Rule" means a written statement by the Interstate 2577
3827-Commission adopted pursuant to section 12 of the compact which 2578
3828-is of general applica bility; implements, interprets, or 2579
3829-prescribes a policy or provision of the compact, or an 2580
3830-organizational, procedural, or practice requirement of the 2581
3831-Interstate Commission; and has the force and effect of statutory 2582
3832-law in a member state, if the rule is not inconsistent with the 2583
3833-laws of the member state. The term includes the amendment, 2584
3834-repeal, or suspension of an existing rule. 2585
3835- (14) "State" means any state, commonwealth, district, or 2586
3836-territory of the United States. 2587
3837- (15) "State of principal license" means a member state 2588
3838-where a physician holds a license to practice medicine and which 2589
3839-has been designated as such by the physician for purposes of 2590
3840-registration and participation in the Compact. 2591
3841- 2592
3842-SECTION 3 2593
3843-ELIGIBILITY 2594
3844- 2595
3845- (1) A physician must meet the eligibility requirements as 2596
3846-provided in subsection (11) of section 2 to receive an expedited 2597
3847-license under the terms and provisions of the Compact. 2598
3848- (2) A physician who does not meet the requirements as 2599
3849-provided in subsection (11) of section 2 may obtain a license t o 2600
3850-
3851-CS/CS/HB 1549 2024
3852-
3853-
3854-
3855-CODING: Words stricken are deletions; words underlined are additions.
3856-hb1549-02-c2
3857-Page 105 of 272
3858-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
3859-
3860-
3861-
3862-practice medicine in a member state if the individual complies 2601
3863-with all laws and requirements, other than the Compact, relating 2602
3864-to the issuance of a license to practice medicine in that state. 2603
3865- 2604
3866-SECTION 4 2605
3867-DESIGNATION OF STATE OF PRINCIPAL LICENSE 2606
3868- 2607
3869- (1) A physician shall designate a member state as the 2608
3870-state of principal license for purposes of registration for 2609
3871-expedited licensure through the compact if the physician 2610
3872-possesses a full and unrestricted license to practice medicine 2611
3873-in that state, and the stat e is: 2612
3874- (a) The state of primary residence for the physician, or 2613
3875- (b) The state where at least 25 percent of the physician's 2614
3876-practice of medicine occurs, or 2615
3877- (c) The location of the physician's employer, or 2616
3878- (d) If no state qualifies under paragraph (a) , paragraph 2617
3879-(b), or paragraph (c), the state designated as the state of 2618
3880-residence for purpose of federal income tax. 2619
3881- (2) A physician may redesignate a member state as the 2620
3882-state of principal license at any time, as long as the state 2621
3883-meets one of the descr iptions under subsection (1). 2622
3884- (3) The Interstate Commission may develop rules to 2623
3885-facilitate redesignation of another member state as the state of 2624
3886-principal license. 2625
3887-
3888-CS/CS/HB 1549 2024
3889-
3890-
3891-
3892-CODING: Words stricken are deletions; words underlined are additions.
3893-hb1549-02-c2
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3895-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
3896-
3897-
3898-
3899- 2626
3900-SECTION 5 2627
3901-APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 2628
3902- 2629
3903- (1) A physician seeking lic ensure through the compact must 2630
3904-file an application for an expedited license with the member 2631
3905-board of the state selected by the physician as the state of 2632
3906-principal license. 2633
3907- (2) Upon receipt of an application for an expedited 2634
3908-license, the member board wit hin the state selected as the state 2635
3909-of principal license shall evaluate whether the physician is 2636
3910-eligible for expedited licensure and issue a letter of 2637
3911-qualification, verifying or denying the physician's eligibility, 2638
3912-to the Interstate Commission. 2639
3913- (a) Static qualifications, which include verification of 2640
3914-medical education, graduate medical education, results of any 2641
3915-medical or licensing examination, and other qualifications as 2642
3916-determined by the Interstate Commission through rule, are not 2643
3917-subject to additiona l primary source verification if already 2644
3918-primary source verified by the state of principal license. 2645
3919- (b) The member board within the state selected as the 2646
3920-state of principal license shall, in the course of verifying 2647
3921-eligibility, perform a criminal backgro und check of an 2648
3922-applicant, including the use of the results of fingerprint or 2649
3923-other biometric data checks compliant with the requirements of 2650
3924-
3925-CS/CS/HB 1549 2024
3926-
3927-
3928-
3929-CODING: Words stricken are deletions; words underlined are additions.
3930-hb1549-02-c2
3931-Page 107 of 272
3932-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
3933-
3934-
3935-
3936-the Federal Bureau of Investigation, with the exception of 2651
3937-federal employees who have a suitability determination i n 2652
3938-accordance with U.S. 5 C.F.R. s. 731.202. 2653
3939- (c) Appeal on the determination of eligibility must be 2654
3940-made to the member state where the application was filed and is 2655
3941-subject to the law of that state. 2656
3942- (3) Upon verification in subsection (2), physicians 2657
3943-eligible for an expedited license must complete the registration 2658
3944-process established by the Interstate Commission to receive a 2659
3945-license in a member state selected pursuant to subsection (1), 2660
3946-including the payment of any applicable fees. 2661
3947- (4) After receiving v erification of eligibility under 2662
3948-subsection (2) and upon an applicant's completion of any 2663
3949-registration process, including the payment of any applicable 2664
3950-fees, required under subsection (3), a member board shall issue 2665
3951-an expedited license to the physician. T his license authorizes 2666
3952-the physician to practice medicine in the issuing state 2667
3953-consistent with the medical practice act and all applicable laws 2668
3954-and regulations of the issuing member board and member state. 2669
3955- (5) An expedited license is valid for a period consistent 2670
3956-with the licensure period in the member state and in the same 2671
3957-manner as required for other physicians holding a full and 2672
3958-unrestricted license within the member state. 2673
3959- (6) An expedited license obtained through the compact must 2674
3960-be terminated if a physician fails to maintain a license in the 2675
3961-
3962-CS/CS/HB 1549 2024
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3964-
3965-
3966-CODING: Words stricken are deletions; words underlined are additions.
3967-hb1549-02-c2
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3969-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
3970-
3971-
3972-
3973-state of principal licensure for a nondisciplinary reason, 2676
3974-without redesignation of a new state of principal licensure. 2677
3975- (7) The Interstate Commission may develop rules regarding 2678
3976-the application process, incl uding payment of any applicable 2679
3977-fees, and the issuance of an expedited license. 2680
3978- 2681
3979-SECTION 6 2682
3980-FEES FOR EXPEDIATED LICENSURE 2683
3981- 2684
3982- (1) A member state issuing an expediated license 2685
3983-authorizing the practice of medicine in that state may impose a 2686
3984-fee for a license issued or renewed through the compact. 2687
3985- (2) The Interstate Commission is authorized to develop 2688
3986-rules regarding fees for expediated licenses. 2689
3987- 2690
3988-SECTION 7 2691
3989-RENEWAL AND CONTINUED PARTICIPATION 2692
3990- 2693
3991- (1) A physician seeking to renew an expedited license 2694
3992-granted in a member state shall complete a renewal process with 2695
3993-the Interstate Commission if the physician: 2696
3994- (a) Maintains a full and unrestricted license in a state 2697
3995-of principal license; 2698
3996- (b) Has not been convicted or received adjudication, 2699
3997-deferred adjudication, community supervision, or deferred 2700
3998-
3999-CS/CS/HB 1549 2024
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4001-
4002-
4003-CODING: Words stricken are deletions; words underlined are additions.
4004-hb1549-02-c2
4005-Page 109 of 272
4006-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
4007-
4008-
4009-
4010-disposition for any offense by a court of appropriate 2701
4011-jurisdiction; 2702
4012- (c) Has not had a license authorizing the practice of 2703
4013-medicine subject to discipline by a licensing agency in any 2704
4014-state, federal, or foreign jurisdicti on, excluding any action 2705
4015-related to nonpayment of fees related to a license; and 2706
4016- (d) Has not had a controlled substance license or permit 2707
4017-suspended or revoked by a state or the United States Drug 2708
4018-Enforcement Administration. 2709
4019- (2) Physicians shall comply with all continuing 2710
4020-professional development or continuing medical education 2711
4021-requirements for renewal of a license issued by a member state. 2712
4022- (3) The Interstate Commission shall collect any renewal 2713
4023-fees charged for the renewal of a license and distribute the 2714
4024-fees to the applicable member board. 2715
4025- (4) Upon receipt of any renewal fees collected in 2716
4026-subsection (3), a member board shall renew the physician's 2717
4027-license. 2718
4028- (5) Physician information collected by the Interstate 2719
4029-Commission during the renewal process m ust distributed to all 2720
4030-member boards. 2721
4031- (6) The Interstate Commission may develop rules to address 2722
4032-renewal of licenses obtained through the Compact. 2723
4033- 2724
4034-SECTION 8 2725
4035-
4036-CS/CS/HB 1549 2024
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4038-
4039-
4040-CODING: Words stricken are deletions; words underlined are additions.
4041-hb1549-02-c2
4042-Page 110 of 272
4043-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
4044-
4045-
4046-
4047-COORDINATED INFORMATION SYSTEM 2726
4048- 2727
4049- (1) The Interstate Commission shall establish a database 2728
4050-of all physicians licensed, or who have applied for licensure, 2729
4051-under Section 5. 2730
4052- (2) Notwithstanding any other provision of law, member 2731
4053-boards shall report to the Interstate Commission any public 2732
4054-action or complaints against a licensed physician who has 2733
4055-applied or received an expedited license through the Compact. 2734
4056- (3) Member boards shall report to the Interstate 2735
4057-Commission disciplinary or investigatory information determined 2736
4058-as necessary and proper by rule of the Interstate Commission. 2737
4059- (4) Member boards may report to the Interstate Commission 2738
4060-any nonpublic complaint, disciplinary, or investigatory 2739
4061-information not required by subsection (3) to the Interstate 2740
4062-Commission. 2741
4063- (5) Member boards shall share complaint or disciplinary 2742
4064-information about a physic ian upon request of another member 2743
4065-board. 2744
4066- (6) All information provided to the Interstate Commission 2745
4067-or distributed by member boards shall be confidential, filed 2746
4068-under seal, and used only for investigatory or disciplinary 2747
4069-matters. 2748
4070- (g) The Interstate Com mission may develop rules for 2749
4071-mandated or discretionary sharing of information by member 2750
4072-
4073-CS/CS/HB 1549 2024
4074-
4075-
4076-
4077-CODING: Words stricken are deletions; words underlined are additions.
4078-hb1549-02-c2
4079-Page 111 of 272
4080-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
4081-
4082-
4083-
4084-boards. 2751
4085- 2752
4086-SECTION 9 2753
4087-JOINT INVESTIGATIONS 2754
4088- 2755
4089- (1) Licensure and disciplinary records of physicians are 2756
4090-deemed investigative. 2757
4091- (2) In addition to the authority granted to a member board 2758
4092-by its respective medical practice act or other applicable state 2759
4093-law, a member board may participate with other member boards in 2760
4094-joint investigations of physicians licensed by the member 2761
4095-boards. 2762
4096- (3) A subpoena issued by a member state is enforceable in 2763
4097-other member states. 2764
4098- (4) Member boards may share any investigative, litigation, 2765
4099-or compliance materials in furtherance of any joint or 2766
4100-individual investigation initiated under the compact. 2767
4101- (5) Any member state may investigate actual or a lleged 2768
4102-violations of the statutes authorizing the practice of medicine 2769
4103-in any other member state in which a physician holds a license 2770
4104-to practice medicine. 2771
4105- 2772
4106-SECTION 10 2773
4107-DISCIPLINARY ACTIONS 2774
4108- 2775
4109-
4110-CS/CS/HB 1549 2024
4111-
4112-
4113-
4114-CODING: Words stricken are deletions; words underlined are additions.
4115-hb1549-02-c2
4116-Page 112 of 272
4117-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
4118-
4119-
4120-
4121- (1) Any disciplinary action taken by any member board 2776
4122-against a physician licensed through the compact is deemed 2777
4123-unprofessional conduct which may be subject to discipline by 2778
4124-other member boards, in addition to any violation of the medical 2779
4125-practice act or regulations in that state. 2780
4126- (2) If a license granted to a physic ian by the member 2781
4127-board in the state of principal license is revoked, surrendered 2782
4128-or relinquished in lieu of discipline, or suspended, then all 2783
4129-licenses issued to the physician by member boards shall 2784
4130-automatically be placed, without further action necessar y by any 2785
4131-member board, on the same status. If the member board in the 2786
4132-state of principal license subsequently reinstates the 2787
4133-physician's license, a license issued to the physician by any 2788
4134-other member board must remain encumbered until that respective 2789
4135-member board takes action to reinstate the license in a manner 2790
4136-consistent with the medical practice act of that state. 2791
4137- (3) If disciplinary action is taken against a physician by 2792
4138-a member board not in the state of principal license, any other 2793
4139-member board may deem the action conclusive as to matter of law 2794
4140-and fact decided, and: 2795
4141- (a) Impose the same or lesser sanctions against the 2796
4142-physician so long as such sanctions are consistent with the 2797
4143-medical practice act of that state; or 2798
4144- (b) Pursue separate disciplinar y action against the 2799
4145-physician under its respective medical practice act, regardless 2800
4146-
4147-CS/CS/HB 1549 2024
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4149-
4150-
4151-CODING: Words stricken are deletions; words underlined are additions.
4152-hb1549-02-c2
4153-Page 113 of 272
4154-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
4155-
4156-
4157-
4158-of the action taken in other member states. 2801
4159- (4) If a license granted to a physician by a member board 2802
4160-is revoked, surrendered or relinquished in lieu of discipline, 2803
4161-or suspended, any licenses issued to the physician by any other 2804
4162-member boards, for 90 days after entry of the order by the 2805
4163-disciplining board, to permit the member boards to investigate 2806
4164-the basis for the action under the medical practice act of that 2807
4165-state. A member board may terminate the automatic suspension of 2808
4166-the license it issued before the completion of the ninety (90) 2809
4167-day suspension period in a manner consistent with the medical 2810
4168-practice act of that state. 2811
4169- 2812
4170-SECTION 11 2813
4171-INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION 2814
4172- 2815
4173- (1) The member states hereby create the "Interstate 2816
4174-Medical Licensure Compact Commission." 2817
4175- (2) The purpose of the Interstate Commission is the 2818
4176-administration of the compact, which is a discretionary state 2819
4177-function. 2820
4178- (3) The Interstate Commission is a body corporate and 2821
4179-joint agency of the member states and has all the 2822
4180-responsibilities, powers, and duties set forth in the compact, 2823
4181-and such additional powers as may be conferred upon it by a 2824
4182-subsequent concurrent action of the respective legislatures of 2825
4183-
4184-CS/CS/HB 1549 2024
4185-
4186-
4187-
4188-CODING: Words stricken are deletions; words underlined are additions.
4189-hb1549-02-c2
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4191-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
4192-
4193-
4194-
4195-the member states in accordance with the terms of the compact. 2826
4196- (4) The Interstate Commission shall consist of two voting 2827
4197-representatives appointed by each member state who shall serve 2828
4198-as commissioners. In states where a llopathic and osteopathic 2829
4199-physicians are regulated by separate member boards, or if the 2830
4200-licensing and disciplinary authority is split between multiple 2831
4201-member boards within a member state, the member state shall 2832
4202-appoint one representative from each member b oard. Each 2833
4203-commissioner must be one of the following: 2834
4204- (a) An allopathic or osteopathic physician appointed to a 2835
4205-member board; 2836
4206- (b) An executive director, an executive secretary, or a 2837
4207-similar executive of a member board; or 2838
4208- (c) A member of the public a ppointed to a member board. 2839
4209- (5) The Interstate Commission shall meet at least once 2840
4210-each calendar year. A portion of this meeting must be a business 2841
4211-meeting to address such matters as may properly come before the 2842
4212-Commission, including the election of offi cers. The chairperson 2843
4213-may call additional meetings and shall call for a meeting upon 2844
4214-the request of a majority of the member states. 2845
4215- (6) The bylaws may provide for meetings of the Interstate 2846
4216-Commission to be conducted by telecommunication or other 2847
4217-electronic means. 2848
4218- (7) Each commissioner participating at a meeting of the 2849
4219-Interstate Commission is entitled to one vote. A majority of 2850
4220-
4221-CS/CS/HB 1549 2024
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4223-
4224-
4225-CODING: Words stricken are deletions; words underlined are additions.
4226-hb1549-02-c2
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4228-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
4229-
4230-
4231-
4232-commissioners constitutes a quorum for the transaction of 2851
4233-business, unless a larger quorum is required by the bylaws of 2852
4234-the Interstate Commission. A commissioner may not delegate a 2853
4235-vote to another commissioner. In the absence of its 2854
4236-commissioner, a member state may delegate voting authority for a 2855
4237-specified meeting to another person from that state who must 2856
4238-meet the qualification requirements specified in subsection (4). 2857
4239- (8) The Interstate Commission shall provide public notice 2858
4240-of all meetings, and all meetings must be open to the public. 2859
4241-The Interstate Commission may close a meeting, in full or in 2860
4242-portion, where it determines b y a two-thirds vote of the 2861
4243-Commissioners present that an open meeting would be likely to: 2862
4244- (a) Relate solely to the internal personnel practices and 2863
4245-procedures of the Interstate Commission; 2864
4246- (b) Discuss matters specifically exempted from disclosure 2865
4247-by federal statute; 2866
4248- (c) Discuss trade secrets or commercial or financial 2867
4249-information that is privileged or confidential; 2868
4250- (d) Involve accusing a person of a crime, or formally 2869
4251-censuring a person; 2870
4252- (e) Discuss information of a personal nature where 2871
4253-disclosure of which would constitute a clearly unwarranted 2872
4254-invasion of personal privacy; 2873
4255- (f) Discuss investigative records compiled for law 2874
4256-enforcement purposes; or 2875
4257-
4258-CS/CS/HB 1549 2024
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4260-
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4262-CODING: Words stricken are deletions; words underlined are additions.
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4265-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
4266-
4267-
4268-
4269- (g) Specifically relate to the participation in a civil 2876
4270-action or other legal proceeding. 2877
4271- (9) The Interstate Commission shall keep minutes that 2878
4272-fully describe all matters discussed in a meeting and shall 2879
4273-provide a full and accurate summary of actions taken, including 2880
4274-a record of any roll call votes. 2881
4275- (10) The Interstate Commission shall make its information 2882
4276-and official records, to the extent not otherwise designated in 2883
4277-the compact or by its rules, available to the public for 2884
4278-inspection. 2885
4279- (11) The Interstate Commission shall establish an 2886
4280-executive committee, which shall include officers, members , and 2887
4281-others as determined by the bylaws. The executive committee has 2888
4282-the power to act on behalf of the Interstate Commission, with 2889
4283-the exception of rulemaking, during periods when the Interstate 2890
4284-Commission is not in session. When acting on behalf of the 2891
4285-Interstate Commission, the executive committee shall oversee the 2892
4286-administration of the compact, including enforcement and 2893
4287-compliance with the compact, its bylaws and rules, and other 2894
4288-such duties as necessary. 2895
4289- (12) The Interstate Commission may establish o ther 2896
4290-committees for governance and administration of the compact. 2897
4291- 2898
4292-SECTION 12 2899
4293-POWERS AND DUTIES OF THE INTERSTATE COMMISSION 2900
4294-
4295-CS/CS/HB 1549 2024
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4297-
4298-
4299-CODING: Words stricken are deletions; words underlined are additions.
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4302-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
4303-
4304-
4305-
4306- 2901
4307- The Interstate Commission has all of the following powers 2902
4308-and duties: 2903
4309- (1) Overseeing and maintaining the administration of the 2904
4310-compact. 2905
4311- (2) Adopting rules which shall be binding to the extent 2906
4312-and in the manner provided for in the compact. 2907
4313- (3) Issuing, upon the request of a member state or member 2908
4314-board, advisory opinions concerning the meaning or 2909
4315-interpretation of the compact, its bylaws, rules, and actions. 2910
4316- (4) Enforcing compliance with the compact, the rules 2911
4317-adopted by the Interstate Commission, and the bylaws, using all 2912
4318-necessary and proper means, including but not limited to the use 2913
4319-of judicial process. 2914
4320- (5) Establishing and appointing committees, including, but 2915
4321-not limited to, an executive committee as required by section 2916
4322-10, which shall have the power to act on behalf of the 2917
4323-Interstate Commission in carrying out its powers and duties. 2918
4324- (6) Paying for, or providing for t he payment of the 2919
4325-expenses related to the establishment, organization, and ongoing 2920
4326-activities of the Interstate Commission. 2921
4327- (7) Establishing and maintaining one or more offices; 2922
4328- (8) Borrowing, accepting, hiring, or contracting for 2923
4329-services of personnel . 2924
4330- (9) Purchasing and maintaining insurance and bonds. 2925
4331-
4332-CS/CS/HB 1549 2024
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4334-
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4339-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
4340-
4341-
4342-
4343- (10) Employing an executive director who shall have such 2926
4344-powers to employ, select or appoint employees, agents, or 2927
4345-consultants, and to determine their qualifications, define their 2928
4346-duties, and fix their compensation. 2929
4347- (11) Establishing personnel policies and programs relating 2930
4348-to conflicts of interest, rates of compensation, and 2931
4349-qualifications of personnel. 2932
4350- (12) Accepting donations and grants of money, equipment, 2933
4351-supplies, materials and services, an d receiving, using, and 2934
4352-disposing of it in a manner consistent with the conflict of 2935
4353-interest policies established by the Interstate Commission. 2936
4354- (13) Leasing, purchasing, accepting contributions or 2937
4355-donations of, or otherwise to owning, holding, improving, or 2938
4356-using, any property, real, personal, or mixed. 2939
4357- (14) Selling, conveying, mortgaging, pledging, leasing, 2940
4358-exchanging, abandoning, or otherwise disposing of any property, 2941
4359-real, personal, or mixed. 2942
4360- (15) Establishing a budget and making expenditures. 2943
4361- (16) Adopting a seal and bylaws governing the management 2944
4362-and operation of the Interstate Commission. 2945
4363- (17) Reporting annually to the legislatures and governors 2946
4364-of the member states concerning the activities of the Interstate 2947
4365-Commission during the preceding year. Such reports must also 2948
4366-include reports of financial audits and any recommendations that 2949
4367-may have been adopted by the Interstate Commission. 2950
4368-
4369-CS/CS/HB 1549 2024
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4371-
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4376-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
4377-
4378-
4379-
4380- (18) Coordinating education, training, and public 2951
4381-awareness regarding the compact and its implementation an d 2952
4382-operation; 2953
4383- (19) Maintaining records in accordance with the bylaws. 2954
4384- (20) Seeking and obtaining trademarks, copyrights, and 2955
4385-patents. 2956
4386- (21) Performing any other functions necessary or 2957
4387-appropriate to achieve the purposes of the compact. 2958
4388- 2959
4389-SECTION 13 2960
4390-FINANCE POWERS 2961
4391- 2962
4392- (1) The Interstate Commission may levy on and collect an 2963
4393-annual assessment from each member state to cover the cost of 2964
4394-the operations and activities of the Interstate Commission and 2965
4395-its staff. The total assessment, subject to appropriation, m ust 2966
4396-be sufficient to cover the annual budget approved each year for 2967
4397-which revenue is not provided by other sources. The aggregate 2968
4398-annual assessment amount must be allocated upon a formula to be 2969
4399-determined by the Interstate Commission, which shall adopt a 2970
4400-rule binding upon all member states. 2971
4401- (2) The Interstate Commission may not incur obligations of 2972
4402-any kind prior to securing the funds adequate to meet the same. 2973
4403- (3) The Interstate Commission may not pledge the credit of 2974
4404-any of the member states, except b y, and with the authority of, 2975
4405-
4406-CS/CS/HB 1549 2024
4407-
4408-
4409-
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4413-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
4414-
4415-
4416-
4417-the member state. 2976
4418- (4) The Interstate Commission is subject to an annual 2977
4419-financial audit conducted by a certified or licensed public 2978
4420-accountant and the report of the audit must be included in the 2979
4421-annual report of the Interstate Commission. 2980
4422- 2981
4423-SECTION 14 2982
4424-ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 2983
4425- 2984
4426- (1) The Interstate Commission shall, by a majority of 2985
4427-commissioners present and voting, adopt bylaws to govern its 2986
4428-conduct as may be necessary or appropriate to c arry out the 2987
4429-purposes of the compact within 12 months after the first 2988
4430-Interstate Commission meeting. 2989
4431- (2) The Interstate Commission shall elect or appoint 2990
4432-annually from among its commissioners a chairperson, a vice -2991
4433-chairperson, and a treasurer, each of wh om shall have such 2992
4434-authority and duties as may be specified in the bylaws. The 2993
4435-chairperson, or in the chairperson's absence or disability, the 2994
4436-vice-chairperson, shall preside at all meetings of the 2995
4437-Interstate Commission. 2996
4438- (3) Officers selected pursuant to subsection (2) shall 2997
4439-serve without remuneration from the Interstate Commission. 2998
4440- (4) The officers and employees of the Interstate 2999
4441-Commission are immune from suit and liability, either personally 3000
4442-
4443-CS/CS/HB 1549 2024
4444-
4445-
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4450-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
4451-
4452-
4453-
4454-or in their official capacity, for a claim for damage to or loss 3001
4455-of property or personal injury or other civil liability caused 3002
4456-or arising out of, or relating to, an actual or alleged act, 3003
4457-error, or omission that occurred, or that such person had a 3004
4458-reasonable basis for believing occurred, within the scope of 3005
4459-Interstate Commission employment, duties, or responsibilities; 3006
4460-provided that such person is not protected from suit or 3007
4461-liability for damage, loss, injury, or liability caused by the 3008
4462-intentional or willful and wanton misconduct of such person. 3009
4463- (a) The liability of the executive director and employees 3010
4464-of the Interstate Commission or representatives of the 3011
4465-Interstate Commission, acting within the scope of such person's 3012
4466-employment or duties for acts, errors, or omissions occurring 3013
4467-within such person's state, may n ot exceed the limits of 3014
4468-liability set forth under the constitution and laws of that 3015
4469-state for state officials, employees, and agents. The Interstate 3016
4470-Commission is considered to be an instrumentality of the states 3017
4471-for the purposes of any such action. This s ubsection does not 3018
4472-protect such person from suit or liability for damage, loss, 3019
4473-injury, or liability caused by the intentional or willful and 3020
4474-wanton misconduct of such person. 3021
4475- (b) The Interstate Commission shall defend the executive 3022
4476-director and its employees, and subject to the approval of the 3023
4477-attorney general or other appropriate legal counsel of the 3024
4478-member state represented by an Interstate Commission 3025
4479-
4480-CS/CS/HB 1549 2024
4481-
4482-
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4487-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
4488-
4489-
4490-
4491-representative, shall d efend such persons in any civil action 3026
4492-seeking to impose liability arising out of an actual or alleged 3027
4493-act, error or omission that occurred within the scope of 3028
4494-Interstate Commission employment, duties, or responsibilities, 3029
4495-or that the defendant had a reaso nable basis for believing 3030
4496-occurred within the scope of Interstate Commission employment, 3031
4497-duties, or responsibilities, provided that the actual or alleged 3032
4498-act, error, or omission did not result from intentional or 3033
4499-willful and wanton misconduct on the part o f such person. 3034
4500- (c) To the extent not covered by the state involved, the 3035
4501-member state, or the Interstate Commission, the representatives 3036
4502-or employees of the Interstate Commission must be held harmless 3037
4503-in the amount of a settlement or judgment, including a ttorney 3038
4504-fees and costs, obtained against such persons arising out of an 3039
4505-actual or alleged act, error, or omission that occurred within 3040
4506-the scope of Interstate Commission employment, duties, or 3041
4507-responsibilities, or that such persons had a reasonable basis 3042
4508-for believing occurred within the scope of Interstate Commission 3043
4509-employment, duties, or responsibilities, provided that the 3044
4510-actual or alleged act, error, or omission did not result from 3045
4511-intentional or willful and wanton misconduct on the part of such 3046
4512-persons. 3047
4513- 3048
4514-SECTION 15 3049
4515-RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 3050
4516-
4517-CS/CS/HB 1549 2024
4518-
4519-
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4524-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
4525-
4526-
4527-
4528- 3051
4529- (1) The Interstate Commission shall adopt reasonable rules 3052
4530-in order to effectively and efficiently achieve the purposes of 3053
4531-the compact. However, in the event the Interstate Commission 3054
4532-exercises its rulemaking authority in a manner that is beyond 3055
4533-the scope of the purposes of the compact, or the powers granted 3056
4534-hereunder, then such an action by the Interstate Commission is 3057
4535-invalid and has no force or effect. 3058
4536- (2) Rules deemed appropriate for the operations of the 3059
4537-Interstate Commission must be made pursuant to a rulemaking 3060
4538-process that substantially conforms to the "Model State 3061
4539-Administrative Procedure Act" of 2010, and subsequent amendments 3062
4540-thereto. 3063
4541- (3) Not later than 30 days after a rule is adopted, any 3064
4542-person may file a petition for judicial review of the rule in 3065
4543-the United States District Court for the District of Columbia or 3066
4544-the federal district where the Interstate Commission has its 3067
4545-principal offices, provided that the filing of such a petition 3068
4546-does not stay or otherwise prevent the rule from becoming 3069
4547-effective unless the court finds that the petitioner has a 3070
4548-substantial likelihood of success. The court must give deference 3071
4549-to the actions of the Interstate Commission consistent with 3072
4550-applicable law and does not find the rule to be unlawful if the 3073
4551-rule represents a reasonable exercise of the authority granted 3074
4552-to the Interstate Commission. 3075
4553-
4554-CS/CS/HB 1549 2024
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4561-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
4562-
4563-
4564-
4565- 3076
4566-SECTION 16 3077
4567-OVERSIGHT OF INTERSTATE COMPACT 3078
4568- 3079
4569- (1) The executive, legislative, and judicial branches of 3080
4570-state government in each member state shall enforce the Compact 3081
4571-and shall take all actions necessary and appropriate to 3082
4572-effectuate the compact's purposes and intent. The compact and 3083
4573-the rules adopted hereunder has standing as statutory law but 3084
4574-may not override existing state authority to regulate the 3085
4575-practice of medicine. 3086
4576- (2) All courts shall take judicial notice of the compact 3087
4577-and the rules in any judicial or administrative proceeding in a 3088
4578-member state pertaining to the subject matter of the compact 3089
4579-which may affect the powers, responsibilities or actions of the 3090
4580-Interstate Commission. 3091
4581- (3) The Interstate Commission is entitled to receive all 3092
4582-service of process in any such proceeding, and shall have 3093
4583-standing to intervene in the proceeding for all purposes . 3094
4584-Failure to provide service of process to the Interstate 3095
4585-Commission shall render a judgment or order void as to the 3096
4586-Interstate Commission, the compact, or adopted rules, as 3097
4587-applicable. 3098
4588- 3099
4589-SECTION 17 3100
4590-
4591-CS/CS/HB 1549 2024
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4593-
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4598-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
4599-
4600-
4601-
4602-ENFORCEMENT OF INTERSTATE COMPACT 3101
4603- 3102
4604- (1) The Interstate Commission, in the reasonable exercise 3103
4605-of its discretion, shall enforce the provisions and rules of the 3104
4606-Compact. 3105
4607- (2) The Interstate Commission may, by majority vote of the 3106
4608-commissioners, initiate legal action in the United States 3107
4609-District Court for the D istrict of Columbia, or, at the 3108
4610-discretion of the Interstate Commission, in the federal district 3109
4611-where the Interstate Commission has its principal offices, to 3110
4612-enforce compliance with the provisions of the compact, and its 3111
4613-adopted rules and bylaws, against a member state in default. The 3112
4614-relief sought may include both injunctive relief and damages. In 3113
4615-the event judicial enforcement is necessary, the prevailing 3114
4616-party must be awarded all costs of such litigation including 3115
4617-reasonable attorney fees. 3116
4618- (3) The remedies herein are not the exclusive remedies of 3117
4619-the Interstate Commission. The Interstate Commission may avail 3118
4620-itself of any other remedies available under state law or the 3119
4621-regulation of a profession. 3120
4622- 3121
4623-SECTION 18 3122
4624-DEFAULT PROCEDURES 3123
4625- 3124
4626- (1) The grounds for de fault include, but are not limited 3125
4627-
4628-CS/CS/HB 1549 2024
4629-
4630-
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4635-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
4636-
4637-
4638-
4639-to, failure of a member state to perform such obligations or 3126
4640-responsibilities imposed upon it by the compact, or the rules 3127
4641-and bylaws of the Interstate Commission adopted under the 3128
4642-compact. 3129
4643- (2) If the Interstate Commiss ion determines that a member 3130
4644-state has defaulted in the performance of its obligations or 3131
4645-responsibilities under the compact, or the bylaws or adopted 3132
4646-rules, the Interstate Commission shall: 3133
4647- (a) Provide written notice to the defaulting state and 3134
4648-other member states, of the nature of the default, the means of 3135
4649-curing the default, and any action taken by the Interstate 3136
4650-Commission. The Interstate Commission shall specify the 3137
4651-conditions by which the defaulting state must cure its default; 3138
4652-and 3139
4653- (b) Provide remedial training and specific technical 3140
4654-assistance regarding the default. 3141
4655- (3) If the defaulting state fails to cure the default, the 3142
4656-defaulting state may be terminated from the compact upon an 3143
4657-affirmative vote of a majority of the commissioners and all 3144
4658-rights, privileges, and benefits conferred by the compact shall 3145
4659-terminate on the effective date of the termination. A cure of 3146
4660-the default does not relieve the offending state of obligations 3147
4661-or liabilities incurred during the period of the default. 3148
4662- (4) Termination of membership in the compact must be 3149
4663-imposed only after all other means of securing compliance have 3150
4664-
4665-CS/CS/HB 1549 2024
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4667-
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4672-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
4673-
4674-
4675-
4676-been exhausted. Notice of intent to terminate must be given by 3151
4677-the Interstate Commission to the governor, the majority and 3152
4678-minority leaders of the de faulting state's legislature, and each 3153
4679-of the member states. 3154
4680- (5) The Interstate Commission shall establish rules and 3155
4681-procedures to address licenses and physicians that are 3156
4682-materially impacted by the termination of a member state, or the 3157
4683-withdrawal of a member state. 3158
4684- (6) The member state which has been terminated is 3159
4685-responsible for all dues, obligations, and liabilities incurred 3160
4686-through the effective date of termination, including 3161
4687-obligations, the performance of which extends beyond the 3162
4688-effective date of termination. 3163
4689- (7) The Interstate Commission shall not bear any costs 3164
4690-relating to any state that has been found to be in default or 3165
4691-which has been terminated from the compact, unless otherwise 3166
4692-mutually agreed upon in writing between the Interstate 3167
4693-Commission and the defaulting state. 3168
4694- (8) The defaulting state may appeal the action of the 3169
4695-Interstate Commission by petitioning the United States District 3170
4696-Court for the District of Columbia or the federal district where 3171
4697-the Interstate Commission has its princip al offices. The 3172
4698-prevailing party must be awarded all costs of such litigation 3173
4699-including reasonable attorney's fees. 3174
4700- 3175
4701-
4702-CS/CS/HB 1549 2024
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4704-
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4709-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
4710-
4711-
4712-
4713-SECTION 19 3176
4714-DISPUTE RESOLUTION 3177
4715- 3178
4716- (1) The Interstate Commission shall attempt, upon the 3179
4717-request of a member state, to resolve disputes that are subject 3180
4718-to the compact and that may arise among member states or member 3181
4719-boards. 3182
4720- (2) The Interstate Commission shall adopt rules providing 3183
4721-for both mediation and binding dispute resolution as 3184
4722-appropriate. 3185
4723- 3186
4724-SECTION 20 3187
4725-MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 3188
4726- 3189
4727- (1) Any state is eligible to become a member state of the 3190
4728-compact. 3191
4729- (2) The Compact shall become effective and binding upon 3192
4730-legislative enactment of the compact into law by no less than 7 3193
4731-states. Thereafter, it becomes effective and binding on a state 3194
4732-upon enactment of the compact into law by that state. 3195
4733- (3) The governors of nonmember states, or their designees, 3196
4734-must be invited to participate in the activities of the 3197
4735-Interstate Commission on a nonvoting basis before adoption of 3198
4736-the compact by all states. 3199
4737- (4) The Interstate Commission may propose amendments to 3200
4738-
4739-CS/CS/HB 1549 2024
4740-
4741-
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4746-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
4747-
4748-
4749-
4750-the compact for enactment by the member states. An amendment 3201
4751-does not become effective and binding upon the Interstate 3202
4752-Commission and the member states unless and until it is enacted 3203
4753-into law by unanimous consent of the member states. 3204
4754- 3205
4755-SECTION 21 3206
4756-WITHDRAWAL 3207
4757- 3208
4758- (1) Once effective, the compact shall continue in force 3209
4759-and remain binding upon each and every member state. However, a 3210
4760-member state may withdraw from the compact by specifically 3211
4761-repealing the statute which enacted the Compact into law. 3212
4762- (2) Withdrawal from the compact must be made by the 3213
4763-enactment of a statute repealing the same, but the withdrawal 3214
4764-may not take effect until one year after the effective date of 3215
4765-such statute and until written notice of the withdrawal has been 3216
4766-given by the withdrawing state to the governor of each other 3217
4767-member state. 3218
4768- (3) The withdrawing state shall immediately notify the 3219
4769-chairperson of the Interstate Commission in writing upon the 3220
4770-introduction of legislation repealing the compact in the 3221
4771-withdrawing state. 3222
4772- (4) The Interstate Commission shall notify the other 3223
4773-member states of the withdrawing state's intent to withdraw 3224
4774-within 60 days after the receipt of notice provided under 3225
4775-
4776-CS/CS/HB 1549 2024
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4778-
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4783-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
4784-
4785-
4786-
4787-subsection (3). 3226
4788- (5) The withdrawing state is responsible for all dues, 3227
4789-obligations, and liabilities incurred through the effective date 3228
4790-of withdrawal, including obligations, the performance of which 3229
4791-extend beyond the effective date of withdrawal. 3230
4792- (6) Reinstatement following withdrawal of a member state 3231
4793-shall occur upon the withdrawing state reenacting the compact or 3232
4794-upon such later date as determined by the Interstate Commission. 3233
4795- (7) The Interstate Commission may develop rules to address 3234
4796-the impact of the withdrawal of a me mber state on licenses 3235
4797-granted in other member states to physicians who designated the 3236
4798-withdrawing member state as the state of principal license. 3237
4799- 3238
4800-SECTION 22 3239
4801-DISSOLUTION 3240
278+care plans; amending s. 395.301, F.S.; requiring a 181
279+licensed facility to post on its website a consumer -182
280+friendly list of standard charges for a minimum number 183
281+of shoppable health care services; providing 184
282+definitions; requiring a licensed facility to provide 185
283+an estimate to a patient or prospective patient and 186
284+the patient's health insurer within specified 187
285+timeframes; requiring a licensed facility to establish 188
286+an internal grievance process for patients to dispute 189
287+charges; requiring a facility to make available 190
288+information necessary for initiating a grievance; 191
289+requiring a facility to respond to a patient grievance 192
290+within a specified timeframe; requiring licensed a 193
291+facility to disclose specified information relating to 194
292+cost sharing obligations to certain persons; providing 195
293+a penalty; creating s. 395.3011, F.S.; defining the 196
294+term "extraordinary collection action"; prohibiting 197
295+certain collection activities by a licensed facility; 198
296+amending s. 408.051, F.S.; requiring certain hospitals 199
297+to make available certain data to the agency's Florida 200
298+
299+CS/HB 1549 2024
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304+hb1549-01-c1
305+Page 9 of 316
306+FL 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
307+
308+
309+
310+Health Information Exchange program for a specified 201
311+purpose; authorizing the agency to adopt rules; 202
312+amending s. 409.909, F.S.; authorizing the agency to 203
313+allocate specified funds under the Slots for Doctors 204
314+Program for existing resident positions at hospitals 205
315+and qualifying institutions if ce rtain conditions are 206
316+met; requiring hospitals and qualifying institutions 207
317+that receive certain state funds to report specified 208
318+data to the agency annually; requiring certain 209
319+hospitals and qualifying institutions to annually 210
320+report to the agency specified d ata; defining the term 211
321+"sponsoring institution"; requiring such hospitals and 212
322+qualifying institutions, beginning on a date certain, 213
323+to produce certain financial records or submit to 214
324+certain financial audits; providing applicability; 215
325+providing that hospital s and qualifying institutions 216
326+that fail to produce such financial records to the 217
327+agency are no longer eligible to participate in the 218
328+Statewide Medicaid Residency Program until a certain 219
329+determination is made by the agency; requiring 220
330+hospitals and qualifyin g institutions to request exit 221
331+surveys of residents upon completion of residency; 222
332+providing requirements for the exit surveys; creating 223
333+the Graduate Medical Education Committee within the 224
334+agency; providing for membership and meetings of the 225
335+
336+CS/HB 1549 2024
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343+FL 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
344+
345+
346+
347+committee; requiring the committee, beginning on a 226
348+specified date, to submit to the Governor and the 227
349+Legislature an annual report detailing specified 228
350+information; requiring the agency to provide 229
351+administrative support to assist the committee in the 230
352+performance of its dut ies and to provide certain 231
353+information to the committee; creating s. 409.91256, 232
354+F.S.; creating the Training, Education, and Clinicals 233
355+in Health (TEACH) Funding Program for a specified 234
356+purpose; providing legislative intent; providing 235
357+definitions; requiring the agency to develop an 236
358+application process and enter into certain agreements 237
359+to implement the program; specifying requirements to 238
360+qualify to receive reimbursements under the program; 239
361+requiring the agency, in consultation with the 240
362+Department of Health, to develop, or contract for the 241
363+development of, specified training for, and to provide 242
364+assistance to, preceptors; providing for reimbursement 243
365+under the program; requiring the agency to submit to 244
366+the Governor and the Legislature an annual report; 245
367+providing requirements for the report; requiring the 246
368+agency to contract with an independent third party to 247
369+develop and conduct a design study for evaluating the 248
370+impact of the program; specifying requirements for the 249
371+design study; requiring the agency to begin collecti ng 250
372+
373+CS/HB 1549 2024
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380+FL 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
381+
382+
383+
384+data for the study and submit the study results to the 251
385+Governor and the Legislature by dates certain; 252
386+authorizing the agency to adopt rules; requiring the 253
387+agency to seek federal approval to use specified 254
388+matching funds for the program; providing for fut ure 255
389+repeal of the program; amending s. 409.967, F.S.; 256
390+requiring the agency to produce an annual report on 257
391+patient encounter data under the statewide managed 258
392+care program; providing requirements for the report; 259
393+requiring the agency to submit to the Governor and the 260
394+Legislature the report by a date certain; authorizing 261
395+the agency to contract with a third -party vendor to 262
396+produce the report; amending s. 409.973, F.S.; 263
397+requiring Medicaid managed care plans to continue 264
398+assisting certain enrollees in scheduling an initial 265
399+appointment with a primary care provider; requiring 266
400+such plans to coordinate with hospitals that contact 267
401+them for a specified purpose; requiring the plans to 268
402+coordinate with their members and members' primary 269
403+care providers for such purpose; requi ring the agency 270
404+to seek federal approval necessary to implement an 271
405+acute hospital care at home program meeting specified 272
406+criteria; creating s. 456.0145, F.S.; providing a 273
407+short title; providing definitions; requiring an 274
408+applicable health care regulatory bo ard, or the 275
409+
410+CS/HB 1549 2024
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417+FL 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
418+
419+
420+
421+department if there is no board, to issue a license or 276
422+certification to applicants who meet specified 277
423+conditions; requiring the department and the board to 278
424+list on their respective websites jurisdictions that 279
425+meet the minimum requirements for i nterstate 280
426+licensure; authorizing the board or the department, as 281
427+applicable, to require applicants to pass a specified 282
428+examination under certain circumstances; creating a 283
429+presumption that an applicant is qualified for 284
430+interstate licensure, unless the board or department, 285
431+as applicable, demonstrates otherwise; requiring the 286
432+board or the department, as applicable, to provide 287
433+applicants with a written decision within a specified 288
434+timeframe; authorizing applicants to appeal certain 289
435+decisions of a board or the de partment, as applicable; 290
436+specifying that applicants granted an interstate 291
437+license are still subject to the applicable laws and 292
438+rules in this state and the jurisdiction of the 293
439+applicable board, or the department if there is no 294
440+board; providing applicability and construction; 295
441+requiring the department to submit to the Governor and 296
442+the Legislature an annual report by a date certain; 297
443+providing requirements for the report; requiring the 298
444+boards and the department to adopt rules, as 299
445+applicable; amending s. 456.073, F.S.; requiring the 300
446+
447+CS/HB 1549 2024
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452+hb1549-01-c1
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454+FL 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
455+
456+
457+
458+Department of Health to report certain investigative 301
459+information to the data system; amending s. 456.076, 302
460+F.S.; requiring that monitoring contracts for certain 303
461+impaired practitioners participating in treatment 304
462+programs contain specifie d terms; creating s. 305
463+456.4501, F.S.; enacting the Interstate Medical 306
464+Licensure Compact in this state; providing purposes of 307
465+the compact; providing that state medical boards of 308
466+member states retain jurisdiction to impose adverse 309
467+action against licenses issu ed under the compact; 310
468+providing definitions; specifying eligibility 311
469+requirements for physicians seeking an expedited 312
470+license under the compact; providing requirements for 313
471+designation of a state of principal license for 314
472+purposes of the compact; authorizing the Interstate 315
473+Medical Licensure Compact Commission to develop 316
474+certain rules; providing an application and 317
475+verification process for expedited licensure under the 318
476+compact; providing for expiration and termination of 319
477+expedited licenses; authorizing the Inter state 320
478+Commission to develop certain rules; providing 321
479+requirements for renewal of expedited licenses; 322
480+authorizing the Interstate Commission to develop 323
481+certain rules; providing for the establishment of a 324
482+database for coordinating licensure data amongst 325
483+
484+CS/HB 1549 2024
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487+
488+CODING: Words stricken are deletions; words underlined are additions.
489+hb1549-01-c1
490+Page 14 of 316
491+FL 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
492+
493+
494+
495+member states; requiring and authorizing member boards 326
496+to report specified information to the database; 327
497+providing for confidentiality of such information; 328
498+providing construction; authorizing the Interstate 329
499+Commission to develop certain rules; authorizing 330
500+member states to conduct joint investigations and 331
501+share certain materials; providing for disciplinary 332
502+action of physicians licensed under the compact; 333
503+creating the Interstate Medical Licensure Compact 334
504+Commission; providing purpose and authority of the 335
505+commission; providing for membership and meetings of 336
506+the commission; providing public meeting and notice 337
507+requirements; authorizing closed meetings under 338
508+certain circumstances; providing public record 339
509+requirements; requiring the commission to establish an 340
510+executive committee; providing for membership, powers, 341
511+and duties of the committee; authorizing the 342
512+commission to establish other committees; specifying 343
513+powers and duties of the commission; providing for 344
514+financing of the commission; providing for 345
515+organization and ope ration of the commission; 346
516+providing limited immunity from liability for 347
517+commissioners and other agents or employees of the 348
518+commission; authorizing the commission to adopt rules; 349
519+providing for rulemaking procedures, including public 350
520+
521+CS/HB 1549 2024
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523+
524+
525+CODING: Words stricken are deletions; words underlined are additions.
526+hb1549-01-c1
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528+FL 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
529+
530+
531+
532+notice and meeting requi rements; providing for 351
533+judicial review of adopted rules; providing for 352
534+oversight and enforcement of the compact in member 353
535+states; requiring courts in member states to take 354
536+judicial notice of the compact and the commission 355
537+rules for purposes of certain proc eedings; providing 356
538+that the commission is entitled to receive service of 357
539+process and has standing in certain proceedings; 358
540+rendering judgments or orders void as to the 359
541+commission, the compact, or commission rules under 360
542+certain circumstances; providing for e nforcement of 361
543+the compact; specifying venue and civil remedies in 362
544+such proceedings; providing for attorney fees; 363
545+providing construction; specifying default procedures 364
546+for member states; providing for dispute resolution 365
547+between member states; providing for eligibility and 366
548+procedures for enactment of the compact; providing for 367
549+amendment to the compact; specifying procedures for 368
550+withdrawal from and subsequent reinstatement of the 369
551+compact; authorizing the Interstate Commission to 370
552+develop certain rules; providin g for dissolution of 371
553+the compact; providing severability and construction; 372
554+creating s. 456.4502, F.S.; providing that a formal 373
555+hearing before the Division of Administrative Hearings 374
556+must be held if there are any disputed issues of 375
557+
558+CS/HB 1549 2024
559+
560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
563+hb1549-01-c1
564+Page 16 of 316
565+FL 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
566+
567+
568+
569+material fact when the li censes of certain physicians 376
570+and osteopathic physicians are suspended or revoked by 377
571+this state under the compact; requiring the Department 378
572+of Health to notify the Division of Administrative 379
573+Hearings of a petition for a formal hearing within a 380
574+specified timeframe; requiring the administrative law 381
575+judge to issue a recommended order; requiring the 382
576+Board of Medicine or the Board of Osteopathic 383
577+Medicine, as applicable, to determine and issue final 384
578+orders in certain cases; providing the department with 385
579+standing to seek judicial review of any final order of 386
580+the boards; creating s. 456.4504, F.S.; authorizing 387
581+the department to adopt rules; specifying that 388
582+provisions of the Interstate Medical Licensure Compact 389
583+do not authorize the Department of Health, the Board 390
584+of Medicine, or the Board of Osteopathic Medicine to 391
585+collect a fee for expedited licensure, but rather 392
586+state that fees of that kind are allowable under the 393
587+compact; amending s. 457.105, F.S.; revising 394
588+requirements for a person to become licensed to 395
589+practice acupuncture; amending s. 458.311, F.S.; 396
590+revising an education and training requirement for 397
591+physician licensure; exempting certain foreign -trained 398
592+applicants for physician licensure from the residency 399
593+requirement; providing certain employment requirements 400
594+
595+CS/HB 1549 2024
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597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
600+hb1549-01-c1
601+Page 17 of 316
602+FL 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
603+
604+
605+
606+for such applicants; requiring such applicants to 401
607+notify the Board of Medicine of any changes in 402
608+employment within a specified timeframe; repealing s. 403
609+458.3124, F.S., relating to restricted licenses of 404
610+certain experienced foreign -trained physicians; 405
611+amending s. 458.313; revising requirements for an 406
612+applicant for licensure by endorsement to practice as 407
613+a physician; amending s. 458.314, F.S.; authorizing 408
614+the board to exclude certain foreign medical schools 409
615+from consideration as an institution that provides 410
616+medical education that is reasonably comparable to 411
617+similar accredited institutions in the United States; 412
618+providing construction; deleting obsolete language; 413
619+amending s. 458.3145, F.S.; revising criteria for 414
620+medical faculty certificates; deleting a cap on the 415
621+maximum number of extended medical faculty 416
622+certificates that may be issued at specified 417
623+institutions; amending ss. 458.315 and 459.0076, F.S.; 418
624+authorizing temporary certificates for practice in 419
625+areas of critical need to be issued to physician 420
626+assistants, rather than only to physicians, who meet 421
627+specified criteria; amending ss. 458.317 and 459.0075, 422
628+F.S.; specifying who may be considered a graduate 423
629+assistant physician; creating limited licenses for 424
630+graduate assistant physicians; specifying criteria a 425
631+
632+CS/HB 1549 2024
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634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb1549-01-c1
638+Page 18 of 316
639+FL 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
640+
641+
642+
643+person must meet to obtain such licensure; requiring 426
644+the Board of Medicine and the Board of Osteopathic 427
645+Medicine, respectively, to establish certain 428
646+requirements by rule; providing for a one -time renewal 429
647+of such licenses; authorizing limited licensed 430
648+graduate assistant physicians to provide health care 431
649+services only under the direct supervision of a 432
650+physician and pursuant to a written protocol; 433
651+providing requirements for, and limitations on, such 434
652+supervision and practice; providing requirements for 435
653+the supervisory protocols; providing that supervising 436
654+physicians are liable for any acts or omissions of 437
655+such graduate assistant physicians acting under their 438
656+supervision and control; authorizing third -party 439
657+payors to provide reimbursement for covered services 440
658+rendered by graduate assistant physicians; authorizing 441
659+the Board of Medicine and the Board of Osteopathic 442
660+Medicine, respectively, to adopt rules; amending s. 443
661+464.009, F.S.; revising requirements for an applicant 444
662+for licensure by endorsement to practice by 445
663+endorsement to practice professional or practical 446
664+nursing; creating s. 464.0121, F.S.; providing that 447
665+temporary certificates for practice in areas of 448
666+critical need may be issued to advanced practice 449
667+registered nurses who meet specified criteria; 450
668+
669+CS/HB 1549 2024
670+
671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb1549-01-c1
675+Page 19 of 316
676+FL 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
677+
678+
679+
680+providing restrictions on the issuance of temporary 451
681+certificates; waiving licensure fees for such 452
682+applicants under certain circumstances; amending s. 453
683+464.0123, F.S.; requiring certain certified nurse 454
684+midwives, as a condition precedent to providing out -455
685+of-hospital intrapartum ca re, to maintain a written 456
686+policy for the transfer of patients needing a higher 457
687+acuity of care or emergency services; requiring that 458
688+such policy prescribe and require the use of an 459
689+emergency plan-of-care form; providing requirements 460
690+for the form; requiring such certified nurse midwives 461
691+to document specified information on the form if a 462
692+transfer of care is determined to be necessary; 463
693+requiring certified nurse midwives to verbally provide 464
694+the receiving provider with specified information and 465
695+make himself or herself immediately available for 466
696+consultation; requiring certified nurse midwives to 467
697+provide the patient's emergency plan -of-care form, as 468
698+well as certain patient records, to the receiving 469
699+provider upon the patient's transfer; requiring the 470
700+Board of Nursing to adopt certain rules; amending s. 471
701+464.019, F.S.; deleting the sunset date of a certain 472
702+annual report required of the Florida Center for 473
703+Nursing; amending ss. 465.0075, 467.0125, 468.1705, 474
704+468.3065, 478.47, 480.041, and 491.006; revising 475
705+
706+CS/HB 1549 2024
707+
708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
711+hb1549-01-c1
712+Page 20 of 316
713+FL 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
714+
715+
716+
717+licensure requirements to include licensure by 476
718+endorsement to practice as a pharmacist; midwife; 477
719+nursing home administrator; radiologist, radiologic 478
720+technologist, and specialty technologist; 479
721+electrologist; or psychologist or school psychologist, 480
722+respectively; repealing ss . 468.213 and 468.358, F.S., 481
723+relating to licensure by endorsement for occupational 482
724+therapists and respiratory therapists, respectively; 483
725+creating s. 458.3129 and 459.074, F.S.; providing that 484
726+an allopathic physician or an osteopathic physician, 485
727+respectively, licensed under the compact is deemed to 486
728+be licensed under ch. 458, F.S., or ch. 459, F.S., as 487
729+applicable; amending s. 468.1135, F.S.; requiring the 488
730+Board of Speech-Language Pathology and Audiology to 489
731+appoint two of its board members to serve as the 490
732+state's delegates on the compact commission; amending 491
733+s. 468.1185, F.S.; removing provisions relating to 492
734+licensure by endorsement and refusal of certification 493
735+for speech-language pathologists and audiologists; 494
736+exempting audiologists and speech -language 495
737+pathologists from licensure requirements who are 496
738+practicing in this state pursuant to a compact 497
739+privilege under the compact; amending s. 468.1295, 498
740+F.S.; authorizing the board to take adverse action 499
741+against the compact privilege of audiologists and 500
742+
743+CS/HB 1549 2024
744+
745+
746+
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750+FL 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
751+
752+
753+
754+speech-language pathologists for specified prohibited 501
755+acts; creating s. 468.1335, F.S.; creating the 502
756+Practice of Audiology and Speech -language Pathology 503
757+Interstate Compact; providing purpose, objectives, and 504
758+definitions; specifying requirements for state 505
759+participation in the compact and duties of member 506
760+states; specifying that the compact does not affect an 507
761+individual's ability to apply for, and a member 508
762+state's ability to grant, a single -state license 509
763+pursuant to the laws of that state; providing for 510
764+recognition of compac t privilege in member states; 511
765+specifying criteria a licensee must meet for compact 512
766+privilege; providing for the expiration and renewal of 513
767+compact privilege; specifying that a licensee with 514
768+compact privilege in a remote state must adhere to the 515
769+laws and rules of that state; authorizing member 516
770+states to act on a licensee's compact privilege under 517
771+certain circumstances; specifying the consequences and 518
772+parameters of practice for a licensee whose compact 519
773+privilege has been acted on or whose home state 520
774+license is encumbered; specifying that a licensee may 521
775+hold a home state license in only one member state at 522
776+a time; specifying requirements and procedures for 523
777+changing a home state license designation; providing 524
778+for the recognition of the practice of audiology and 525
779+
780+CS/HB 1549 2024
781+
782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
785+hb1549-01-c1
786+Page 22 of 316
787+FL 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
788+
789+
790+
791+speech-language pathology through telehealth in member 526
792+states; specifying that a licensee must adhere to the 527
793+laws and rules of the remote state in which he or she 528
794+provides audiology or speech -language pathology 529
795+through telehealth; authorizing active duty mi litary 530
796+personnel and their spouses to keep their home state 531
797+designation during active duty; specifying how such 532
798+individual may subsequently change his or her home 533
799+state license designation; authorizing member states 534
800+to take adverse actions against licensee s and issue 535
801+subpoenas for hearings and investigations under 536
802+certain circumstances; providing requirements and 537
803+procedures for such adverse action; authorizing member 538
804+states to engage in joint investigations under certain 539
805+circumstances; providing that a lice nsee's compact 540
806+privilege must be deactivated in all member states for 541
807+the duration of an encumbrance imposed by the 542
808+licensee's home state; providing for notice to the 543
809+data system and the licensee's home state of any 544
810+adverse action taken against a licensee; establishing 545
811+the Audiology and Speech -language Pathology Interstate 546
812+Compact Commission; providing for jurisdiction and 547
813+venue for court proceedings; providing for membership 548
814+and powers of the commission; specifying powers and 549
815+duties of the commission's exe cutive committee; 550
816+
817+CS/HB 1549 2024
818+
819+
820+
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824+FL 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
825+
826+
827+
828+providing for the financing of the commission; 551
829+providing specified individuals immunity from civil 552
830+liability under certain circumstances; providing 553
831+exceptions; requiring the commission to defend the 554
832+specified individuals in civil actions under certain 555
833+circumstances; requiring the commission to indemnify 556
834+and hold harmless specified individuals for any 557
835+settlement or judgment obtained in such actions under 558
836+certain circumstances; providing for the development 559
837+of the data system, reporting proc edures, and the 560
838+exchange of specified information between member 561
839+states; requiring the commission to notify member 562
840+states of any adverse action taken against a licensee 563
841+or applicant for licensure; authorizing member states 564
842+to designate as confidential info rmation provided to 565
843+the data system; requiring the commission to remove 566
844+information from the data system under certain 567
845+circumstances; providing rulemaking procedures for the 568
846+commission; providing for member state enforcement of 569
847+the compact; authorizing the commission to receive 570
848+notice of process, and have standing to intervene, in 571
849+certain proceedings; rendering certain judgments and 572
850+orders void as to the commission, the compact, or 573
851+commission rules under certain circumstances; 574
852+providing for defaults and ter mination of compact 575
853+
854+CS/HB 1549 2024
855+
856+
857+
858+CODING: Words stricken are deletions; words underlined are additions.
859+hb1549-01-c1
860+Page 24 of 316
861+FL 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
862+
863+
864+
865+membership; providing procedures for the resolution of 576
866+certain disputes; providing for commission enforcement 577
867+of the compact; providing for remedies; providing for 578
868+implementation of, withdrawal from, and amendment to 579
869+the compact; specifying that licensees practicing in a 580
870+remote state under the compact must adhere to the laws 581
871+and rules of that state; specifying that the compact, 582
872+commission rules, and commission actions are binding 583
873+on member states; providing construction; providing 584
874+for severability; specifying that the provisions of 585
875+the Physical Therapy Licensure Compact do not 586
876+authorize the Department of Health or the Board of 587
877+Physical Therapy to collect a compact privilege fee, 588
878+but rather state that fees of that kind are allowable 589
879+under the compact; authorizing the Department of 590
880+Health or the Board of Speech -Language Pathology and 591
881+Audiology to collect a compact privilege fee; amending 592
882+ss. 486.028, 486.031, 486.081, 486.102, 486.107, and 593
883+490.006, F.S.; exempting from licensure requirements 594
884+physical therapists and physical therapist assistants 595
885+who are practicing in this state pursuant to a compact 596
886+privilege under the compact; revising licensure 597
887+requirements to include licensure by endorsement to 598
888+practice as a physical therapist; creating s. 486.112, 599
889+F.S.; creating the Physical Therapy Licensure Compact; 600
890+
891+CS/HB 1549 2024
892+
893+
894+
895+CODING: Words stricken are deletions; words underlined are additions.
896+hb1549-01-c1
897+Page 25 of 316
898+FL 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
899+
900+
901+
902+providing a purpose and objectives of the compact; 601
903+providing definitions; specifying requirements for 602
904+state participation in the compact; authorizing member 603
905+states to obtain biometric -based information from and 604
906+conduct criminal background checks on licensees 605
907+applying for a compact privilege; requiring member 606
908+states to grant the compact privilege to licensees who 607
909+meet specified criteria; specifying criteria licensees 608
910+must meet to exercise the co mpact privilege under the 609
911+compact; providing for the expiration of the compact 610
912+privilege; requiring licensees practicing in a remote 611
913+state under the compact privilege to comply with the 612
914+laws and rules of that state; subjecting licensees to 613
915+the regulatory authority of remote states where they 614
916+practice under the compact privilege; providing for 615
917+disciplinary action; specifying circumstances under 616
918+which licensees are ineligible for a compact 617
919+privilege; specifying conditions that a licensee must 618
920+meet to regain his or her compact privilege after an 619
921+adverse action; specifying locations active duty 620
922+military personnel and their spouses may use to 621
923+designate their home state for purposes of the 622
924+compact; providing that only a home state may impose 623
925+adverse action against a license issued by that state; 624
926+authorizing home states to take adverse action based 625
927+
928+CS/HB 1549 2024
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930+
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935+FL 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
936+
937+
938+
939+on investigative information of a remote state, 626
940+subject to certain requirements; directing member 627
941+states that use alternative programs in lieu of 628
942+discipline to require th e licensee to agree not to 629
943+practice in other member states while participating in 630
944+the program, unless authorized by the member state; 631
945+authorizing member states to investigate violations by 632
946+licensees in other member states; authorizing member 633
947+states to take adverse action against compact 634
948+privileges issued in their respective states; 635
949+providing for joint investigations of licensees under 636
950+the compact; establishing the Physical Therapy Compact 637
951+Commission; providing for the venue and jurisdiction 638
952+for court proceedings by or against the commission; 639
953+providing construction; providing for commission 640
954+membership, voting, and meetings; authorizing the 641
955+commission to convene closed, nonpublic meetings under 642
956+certain circumstances; specifying duties and powers of 643
957+the commission; providing for membership and duties of 644
958+the executive board of the commission; providing for 645
959+financing of the commission; providing for qualified 646
960+immunity, defense, and indemnification of the 647
961+commission; requiring the commission to develop and 648
962+maintain a coordinated database and reporting system 649
963+for certain information about licensees under the 650
964+
965+CS/HB 1549 2024
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967+
968+
969+CODING: Words stricken are deletions; words underlined are additions.
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972+FL 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
973+
974+
975+
976+compact; requiring member states to submit specified 651
977+information to the system; requiring that information 652
978+contained in the system be available only to member 653
979+states; requiring the commission to promptly notify 654
980+all member states of reported adverse action taken 655
981+against licensees or applicants for licensure; 656
982+authorizing member states to designate reported 657
983+information as exempt from public disclosure; 658
984+providing for the removal of submitted information 659
985+from the system under certain circumstances; providing 660
986+for commission rulemaking; providing construction; 661
987+providing for state enforcement of the compact; 662
988+providing for the default and termination of compact 663
989+membership; providing for appeals and costs; providing 664
990+procedures for the resolution of certain disputes; 665
991+providing for enforcement against a defaulting state; 666
992+providing construction; providing for implementation 667
993+and administration of the compact and associated 668
994+rules; providing that compact states that join after 669
995+initial adoption of the commission's rules are subject 670
996+to such rules; specifying procedures for compact 671
997+states to withdraw from the compact; providing 672
998+construction; providing for amendment of the compact; 673
999+providing construction and severability; specifying 674
1000+that the provisions of the Physical Therapy Licensure 675
1001+
1002+CS/HB 1549 2024
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1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
1007+hb1549-01-c1
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1009+FL 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
1010+
1011+
1012+
1013+Compact do not authorize the Department of Health or 676
1014+the Board of Physical Therapy to collect a compact 677
1015+privilege fee, but rather state that fees of that kind 678
1016+are allowable under the compact; amending s. 486.023, 679
1017+F.S.; requiring the Board of Physical Therapy Practice 680
1018+to appoint a person to serve as the state's delegate 681
1019+on the Physical Therapy Compact Commission; amending 682
1020+s. 486.125, F.S.; authorizing the bo ard to take 683
1021+adverse action against the compact privilege of 684
1022+physical therapists and physical therapist assistants 685
1023+for specified prohibited acts; amending s. 624.27, 686
1024+F.S.; revising the definition of the term "health care 687
1025+provider"; amending s. 95.11, F.S.; establishing a 3-688
1026+year statute of limitations for an action to collect 689
1027+medical debt for services rendered by a health care 690
1028+provider or facility; creating s. 222.26, F.S.; 691
1029+providing additional personal property exemptions from 692
1030+legal process for medical debts resulting from 693
1031+services provided in certain licensed facilities; 694
1032+creating s. 627.446, F.S.; providing a definition; 695
1033+requiring each health insurer to provide an insured 696
1034+with an advanced explanation of benefits after 697
1035+receiving a patient estimate from a fac ility for 698
1036+scheduled services; providing requirements for the 699
1037+advanced explanation of benefits; amending s. 627.447, 700
1038+
1039+CS/HB 1549 2024
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1041+
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1046+FL 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
1047+
1048+
1049+
1050+F.S.; prohibiting a health insurer from disclosing 701
1051+specified information relating to discounted cash 702
1052+prices to certain persons; defining the term 703
1053+"discounted cash price"; amending s. 627.6387, F.S.; 704
1054+revising definitions; requiring, rather than 705
1055+authorizing, a health insurer to offer a shared 706
1056+savings incentive program for specified purposes; 707
1057+requiring a health insurer to notify an insured that 708
1058+participation in such program is voluntary and 709
1059+optional; amending ss. 627.6648 and 641.31076, F.S.; 710
1060+providing that a shared savings incentive offered by a 711
1061+health insurer or health maintenance organization 712
1062+constitutes a medical expense for rate development a nd 713
1063+rate filing purposes; amending s. 766.1115, F.S.; 714
1064+revising the definition of the term "low -income" for 715
1065+purposes of certain government contracts for health 716
1066+care services; amending s. 768.28, F.S.; designating 717
1067+the state delegates and other members or empl oyees of 718
1068+the Interstate Medical Licensure Compact Commission, 719
1069+the Audiology and Speech -Language Pathology Interstate 720
1070+Compact Commission, and the Physical Therapy Compact 721
1071+Commission as state agents for the purpose of applying 722
1072+sovereign immunity and waivers of sovereign immunity; 723
1073+requiring the commission to pay certain claims or 724
1074+judgments; authorizing the commission to maintain 725
1075+
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1085+
1086+
1087+insurance coverage to pay such claims or judgments; 726
1088+amending s. 1002.32, F.S.; requiring developmental 727
1089+research schools to develop pr ograms for a specified 728
1090+purpose; requiring schools to offer technical 729
1091+assistance to any school district seeking to replicate 730
1092+the school's programs; requiring schools, beginning on 731
1093+a date certain, to annually report to the Legislature 732
1094+on the development of s uch programs and the results, 733
1095+when available; amending s. 1004.015, F.S.; requiring 734
1096+the Commission for Independent Education and the 735
1097+Independent Colleges and Universities of Florida to 736
1098+annually report specified data for each medical school 737
1099+graduate; amending s. 1009.8962, F.S.; revising the 738
1100+definition of the term "institution" for purposes of 739
1101+the Linking Industry to Nursing Education (LINE) Fund; 740
1102+requiring the Board of Governors and the Department of 741
1103+Education to submit to the Governor and the 742
1104+Legislature a specified report; amending ss. 486.025, 743
1105+486.0715, and 486.1065, F.S.; conforming cross -744
1106+references; amending ss. 395.602, 458.316, 458.3165, 745
1107+468.209, 468.511, 475.01, 475.611, 517.191, and 746
1108+787.061, F.S.; conforming provisions to changes made 747
1109+by the act; providing appropriations; providing a 748
1110+directive to the department; providing effective 749
1111+dates. 750
1112+
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1120+FL 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
1121+
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1123+
1124+ 751
1125+Be It Enacted by the Legislature of the State of Florida: 752
1126+ 753
1127+ Section 1. Paragraph (f) of subsection (3) of section 754
1128+381.4018, Florida Statutes, is amended, an d subsection (5) is 755
1129+added to that section, to read: 756
1130+ 381.4018 Physician workforce assessment and development. — 757
1131+ (3) GENERAL FUNCTIONS. —The department shall maximize the 758
1132+use of existing programs under the jurisdiction of the 759
1133+department and other state age ncies and coordinate governmental 760
1134+and nongovernmental stakeholders and resources in order to 761
1135+develop a state strategic plan and assess the implementation of 762
1136+such strategic plan. In developing the state strategic plan, the 763
1137+department shall: 764
1138+ (f) Develop strategies to maximize federal and state 765
1139+programs that provide for the use of incentives to attract 766
1140+physicians to this state or retain physicians within the state. 767
1141+Such strategies should explore and maximize federal -state 768
1142+partnerships that provide incentives for physicians to practice 769
1143+in federally designated shortage areas, in otherwise medically 770
1144+underserved areas, or in rural areas. Strategies shall also 771
1145+consider the use of state programs, such as the Florida 772
1146+Reimbursement Assistance for Medical Education Reimbursement and 773
1147+Loan Repayment Program pursuant to s. 381.402 s. 1009.65, which 774
1148+provide for education loan repayment or loan forgiveness and 775
1149+
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1159+
1160+
1161+provide monetary incentives for physicians to relocate to 776
1162+underserved areas of the state. 777
1163+ 778
1164+The department may adopt rules to implement this subsection, 779
1165+including rules that establish guidelines to implement the 780
1166+federal Conrad 30 Waiver Program created under s. 214(l) of the 781
1167+Immigration and Nationality Act. 782
1168+ (5) DATA COLLECTION. —To facilitate ongoing monitoring and 783
1169+analyses of the state's graduate medical education system, the 784
1170+department shall require physician licensees to provide the 785
1171+following information: 786
1172+ (a) For each licensed resident and physician, the state in 787
1173+which he or she attended medical school, the state i n which he 788
1174+or she was trained in graduate medical education programs, his 789
1175+or her graduate medical education specialty, and the beginning 790
1176+date and completion date of his or her graduate medical 791
1177+education training. 792
1178+ (b) For each licensed resident and physic ian who received 793
1179+graduate medical education in Florida, the name of the medical 794
1180+school, accredited program, and sponsoring institution. 795
1181+ 796
1182+The department shall collect and compile the information 797
1183+required by this subsection in consultation with the Office of 798
1184+Program Policy Analysis and Government Accountability. 799
1185+ Section 2. Section 381.4019, Florida Statutes, is amended 800
1186+
1187+CS/HB 1549 2024
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1196+
1197+
1198+to read: 801
1199+ 381.4019 Dental Student Loan Repayment Program. —The Dental 802
1200+Student Loan Repayment Program is established to support the 803
1201+state Medicaid program and promote access to dental care by 804
1202+supporting qualified dentists and dental hygienists who treat 805
1203+medically underserved populations in dental health professional 806
1204+shortage areas or medically underserved areas. 807
1205+ (1) As used in this section, the term: 808
1206+ (a) "Dental health professional shortage area" means a 809
1207+geographic area designated as such by the Health Resources and 810
1208+Services Administration of the United States Department of 811
1209+Health and Human Services. 812
1210+ (b) "Department" means the Department of Health. 813
1211+ (c) "Free clinic" means a provider that meets the 814
1212+description of a clinic specified in s. 766.1115(3)(d)14. 815
1213+ (d)(c) "Loan program" means the Dental Student Loan 816
1214+Repayment Program. 817
1215+ (e)(d) "Medically underserved area" means a geographic 818
1216+area, an area having a special population, or a facility which 819
1217+is designated by department rule as a health professional 820
1218+shortage area as defined by federal regulation and which has a 821
1219+shortage of dental health professionals who serve Medicaid 822
1220+recipients and other low-income patients. 823
1221+ (f)(e) "Public health program" means a county health 824
1222+department, the Children's Medical Services program, a federally 825
1223+
1224+CS/HB 1549 2024
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1231+FL 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
1232+
1233+
1234+
1235+funded community health center, a federally funded migrant 826
1236+health center, or other publicly funded or nonprofit health care 827
1237+program designated by the department. 828
1238+ (2) The department shall establish a dental student loan 829
1239+repayment program to benefit Florida -licensed dentists and 830
1240+dental hygienists who: 831
1241+ (a) Demonstrate, as required by department rule, active 832
1242+employment in a public health program or private practice that 833
1243+serves Medicaid recipients and other low -income patients and is 834
1244+located in a dental health professional shortage area or a 835
1245+medically underserved area. 836
1246+ (b) Volunteer 25 hours per year providing dent al services 837
1247+in a free clinic that is located in a dental health professional 838
1248+shortage area or a medically underserved area or through another 839
1249+volunteer program operated by the state pursuant to part IV of 840
1250+chapter 110. In order to meet the requirements of t his 841
1251+paragraph, the volunteer hours must be verifiable in a manner 842
1252+determined by the department. 843
1253+ (3) The department shall award funds from the loan program 844
1254+to repay the student loans of a dentist or dental hygienist who 845
1255+meets the requirements of subsectio n (2). 846
1256+ (a) An award shall be 20 percent of a dentist's or dental 847
1257+hygienist's principal loan amount at the time he or she applies 848
1258+for the program but may not exceed $50,000 per year per eligible 849
1259+dentist or $7,500 per year per eligible dental hygienist . 850
1260+
1261+CS/HB 1549 2024
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1269+
1270+
1271+
1272+ (b) Only loans to pay the costs of tuition, books, dental 851
1273+equipment and supplies, uniforms, and living expenses may be 852
1274+covered. 853
1275+ (c) All repayments are contingent upon continued proof of 854
1276+eligibility and must be made directly to the holder of the loan. 855
1277+The state bears no responsibility for the collection of any 856
1278+interest charges or other remaining balances. 857
1279+ (d) A dentist or dental hygienist may receive funds under 858
1280+the loan program for at least 1 year, up to a maximum of 5 859
1281+years. 860
1282+ (e) The department shall limit the number of new dentists 861
1283+participating in the loan program to not more than 10 per fiscal 862
1284+year. 863
1285+ (4) A dentist or dental hygienist is not is no longer 864
1286+eligible to receive funds under the loan program if the dentist 865
1287+or dental hygienist: 866
1288+ (a) Is no longer employed by a public health program or 867
1289+private practice that meets the requirements of subsection (2) 868
1290+or does not verify, in a manner determined by the department, 869
1291+that he or she has volunteered his or her dental services for 870
1292+the required number of hours. 871
1293+ (b) Ceases to participate in the Florida Medicaid program. 872
1294+ (c) Has disciplinary action taken against his or her 873
1295+license by the Board of Dentistry for a violation of s. 466.028. 874
1296+ (5) A dentist or dental hygienist who receives payment 875
1297+
1298+CS/HB 1549 2024
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1306+
1307+
1308+
1309+under the program shall furnish information requested by the 876
1310+department for the purpose of the department's duties under s. 877
1311+381.4021. 878
1312+ (6)(5) The department shall adopt rules to administer the 879
1313+loan program. 880
1314+ (7)(6) Implementation of the loan program is subject to 881
1315+legislative appropriation. 882
1316+ (8) The Agency for Health Care Administration shall seek 883
1317+federal authority to use Title XIX matching funds for this 884
1318+program. 885
1319+ (9) This section is repealed on July 1, 2034. 886
1320+ Section 3. Section 1009.65, Florida Statutes, is a mended, 887
1321+transferred, and renumbered as section 381.402, Florida 888
1322+Statutes, and amended, to read: 889
1323+ 381.402 1009.65 Florida Reimbursement Assistance for 890
1324+Medical Education Reimbursement and Loan Repayment Program.— 891
1325+ (1) To support the state Medicaid program and to encourage 892
1326+qualified medical professionals to practice in underserved 893
1327+locations where there are shortages of such personnel, there is 894
1328+established the Florida Reimbursement Assistance for Medical 895
1329+Education Reimbursement and Loan Repayment Program. The function 896
1330+of the program is to make payments that offset loans and 897
1331+educational expenses incurred by students for studies leading to 898
1332+a medical or nursing degree, medical or nursing licensure, or 899
1333+advanced practice registered nurse licensure or physician 900
1334+
1335+CS/HB 1549 2024
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1342+FL 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
1343+
1344+
1345+
1346+assistant licensure. 901
1347+ (2) The following licensed or certified health care 902
1348+practitioners professionals are eligible to participate in the 903
1349+this program: 904
1350+ (a) Medical doctors and doctors of osteopathic medicine 905
1351+practicing in with primary care specialties ., doctors of 906
1352+osteopathic medicine with primary care specialties 907
1353+ (b) Advanced practice registered nurses practicing in 908
1354+primary care specialties , physician assistants, licensed 909
1355+practical nurses and registered nurses, and advanced practice 910
1356+registered nurses with primary care specialties such as 911
1357+certified nurse midwives . 912
1358+ (c) Physician assistants. 913
1359+ (d) Mental health professionals, including licensed 914
1360+clinical social workers, licensed marriage and family 915
1361+therapists, licensed mental health counselors, and licens ed 916
1362+psychologists. 917
1363+ (e) Licensed practical nurses and registered nurses. 918
1364+ 919
1365+Primary care medical specialties for physicians include 920
1366+obstetrics, gynecology, general and family practice, geriatrics, 921
1367+internal medicine, pediatrics, psychiatry, and other specialties 922
1368+that which may be identified by the Department of Health. 923
1369+Primary care specialties for advanced practice registered nurses 924
1370+include family practice, general pediatrics, general internal 925
1371+
1372+CS/HB 1549 2024
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1379+FL 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
1380+
1381+
1382+
1383+medicine, midwifery, and psychiatric nursing. 926
1384+ (3) From the funds available, the Department of Health 927
1385+shall make payments as follows: 928
1386+ (a)1. For a 4-year period of continued proof of practice 929
1387+in a setting specified in paragraph (b), up to $150,000 for 930
1388+physicians, up to $90,000 for advanced practice registered 931
1389+nurses registered to engage in autonomous practice under s. 932
1390+464.0123, up to $75,000 for advanced practice registered nurses, 933
1391+physician assistants, and mental health professionals, and up to 934
1392+$45,000 up to $4,000 per year for licensed practical nurses and 935
1393+registered nurses. Each practitioner is eligible to receive an 936
1394+award for only one 4 -year period of continued proof of practice. 937
1395+At the end of each year that a practitioner participates in the 938
1396+program, the department shall award 25 percent of a 939
1397+practitioner's principal loan amount at the time he or she 940
1398+applied for the program , up to $10,000 per year for advanced 941
1399+practice registered nurses and physician assistants, and up to 942
1400+$20,000 per year for physicians . Penalties for noncompliance are 943
1401+shall be the same as those in th e National Health Services Corps 944
1402+Loan Repayment Program. Educational expenses include costs for 945
1403+tuition, matriculation, registration, books, laboratory and 946
1404+other fees, other educational costs, and reasonable living 947
1405+expenses as determined by the Department of Health. 948
1406+ (b)2. All payments are contingent on continued proof of : 949
1407+ 1.a. Primary care practice in a rural hospital as an area 950
1408+
1409+CS/HB 1549 2024
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1416+FL 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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1418+
1419+
1420+defined in s. 395.602(2)(b) , or an underserved area designated 951
1421+by the Department of Health, provided the practitioner accepts 952
1422+Medicaid reimbursement if eligible for such reimbursement ; or 953
1423+ b. For practitioners other than physicians and advanced 954
1424+practice registered nurses, practice in other settings, 955
1425+including, but not limited to, a nursing home facility as 956
1426+defined in s. 400.021, a home health agency as defined in s. 957
1427+400.462, or an intermediate care facility for the 958
1428+developmentally disabled as defined in s. 400.960. Any such 959
1429+setting must be located in, or serve residents or patients in, 960
1430+an underserved area designated by the Depart ment of Health and 961
1431+must provide services to Medicaid patients. 962
1432+ 2. Providing 25 hours annually of volunteer primary care 963
1433+services in a free clinic as specified in s. 766.1115(3)(d)14. 964
1434+or through another volunteer program operated by the state 965
1435+pursuant to part IV of chapter 110. In order to meet the 966
1436+requirements of this subparagraph, the volunteer hours must be 967
1437+verifiable in a manner determined by the department . 968
1438+ (c) Correctional facilities, state hospitals, and other 969
1439+state institutions that employ medica l personnel must shall be 970
1440+designated by the Department of Health as underserved locations. 971
1441+Locations with high incidences of infant mortality, high 972
1442+morbidity, or low Medicaid participation by health care 973
1443+professionals may be designated as underserved. 974
1444+ (b) Advanced practice registered nurses registered to 975
1445+
1446+CS/HB 1549 2024
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1455+
1456+
1457+engage in autonomous practice under s. 464.0123 and practicing 976
1458+in the primary care specialties of family medicine, general 977
1459+pediatrics, general internal medicine, or midwifery. From the 978
1460+funds available, the Department of Health shall make payments of 979
1461+up to $15,000 per year to advanced practice registered nurses 980
1462+registered under s. 464.0123 who demonstrate, as required by 981
1463+department rule, active employment providing primary care 982
1464+services in a public health p rogram, an independent practice, or 983
1465+a group practice that serves Medicaid recipients and other low -984
1466+income patients and that is located in a primary care health 985
1467+professional shortage area. Only loans to pay the costs of 986
1468+tuition, books, medical equipment and supplies, uniforms, and 987
1469+living expenses may be covered. For the purposes of this 988
1470+paragraph: 989
1471+ 1. "Primary care health professional shortage area" means 990
1472+a geographic area, an area having a special population, or a 991
1473+facility with a score of at least 18, as designated and 992
1474+calculated by the Federal Health Resources and Services 993
1475+Administration or a rural area as defined by the Federal Office 994
1476+of Rural Health Policy. 995
1477+ 2. "Public health program" means a county health 996
1478+department, the Children's Medical Services pr ogram, a federally 997
1479+funded community health center, a federally funded migrant 998
1480+health center, or any other publicly funded or nonprofit health 999
1481+care program designated by the department. 1000
1482+
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1492+
1493+
1494+ (4)(2) The Department of Health may use funds appropriated 1001
1495+for the Medical Education Reimbursement and Loan Repayment 1002
1496+program as matching funds for federal loan repayment programs 1003
1497+such as the National Health Service Corps State Loan Repayment 1004
1498+Program. 1005
1499+ (5) A health care practitioner who receives payment under 1006
1500+the program shall furnish information requested by the 1007
1501+department for the purpose of the department's duties under s. 1008
1502+381.4021. 1009
1503+ (6)(3) The Department of Health may adopt any rules 1010
1504+necessary for the administration of the Medical Education 1011
1505+Reimbursement and Loan Repaym ent program. The department may 1012
1506+also solicit technical advice regarding conduct of the program 1013
1507+from the Department of Education and Florida universities and 1014
1508+Florida College System institutions. The Department of Health 1015
1509+shall submit a budget request for an amount sufficient to fund 1016
1510+medical education reimbursement, loan repayments, and program 1017
1511+administration. 1018
1512+ (7) The Agency for Health Care Administration shall seek 1019
1513+federal authority to use Title XIX matching funds for this 1020
1514+program. 1021
1515+ (8) This section is rep ealed on July 1, 2034. 1022
1516+ Section 4. Section 381.4021, Florida Statutes, is created 1023
1517+to read: 1024
1518+ 381.4021 Student loan repayment programs reporting. — 1025
1519+
1520+CS/HB 1549 2024
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1529+
1530+
1531+ (1) Beginning July 1, 2024, the department shall provide 1026
1532+to the Governor, the President of the Senate, an d the Speaker of 1027
1533+the House of Representatives an annual report for the student 1028
1534+loan repayment programs established in ss. 381.4019 and 381.402, 1029
1535+which, at a minimum, details all of the following: 1030
1536+ (a) The number of applicants for loan repayment. 1031
1537+ (b) The number of loan payments made under each program. 1032
1538+ (c) The amounts for each loan payment made. 1033
1539+ (d) The type of practitioner to whom each loan payment was 1034
1540+made. 1035
1541+ (e) The number of loan payments each practitioner has 1036
1542+received under either program. 1037
1543+ (f) The practice setting in which each practitioner who 1038
1544+received a loan payment practices. 1039
1545+ (2)(a) The department shall contract with an independent 1040
1546+third party to develop and conduct a design study to evaluate 1041
1547+the impact of the student loan repayment program s established in 1042
1548+ss. 381.4019 and 381.402, including, but not limited to, the 1043
1549+effectiveness of the programs in recruiting and retaining health 1044
1550+care professionals in geographic and practice areas experiencing 1045
1551+shortages. The department shall begin collecting data for the 1046
1552+study by January 1, 2025, and shall submit to the Governor, the 1047
1553+President of the Senate, and the Speaker of the House of 1048
1554+Representatives the results of the study by January 1, 2030. 1049
1555+ (b) The department shall participate in a provider 1050
1556+
1557+CS/HB 1549 2024
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1565+
1566+
1567+
1568+retention and information system management multistate 1051
1569+collaborative that collects data to measure outcomes of 1052
1570+education debt support -for-service programs. 1053
1571+ (3) This section is repealed on July 1, 2034. 1054
1572+ Section 5. Section 381.9855, Florida Statutes, is creat ed 1055
1573+to read: 1056
1574+ 381.9855 Health care screening and services grant program; 1057
1575+portal.— 1058
1576+ (1)(a) The Department of Health shall implement a health 1059
1577+care screening and services grant program. The purpose of the 1060
1578+program is to expand access to no -cost health care screenings or 1061
1579+services for the general public facilitated by nonprofit 1062
1580+entities. The department shall do all of the following: 1063
1581+ 1. Publicize the availability of funds and enlist the aid 1064
1582+of county health departments for outreach to potential 1065
1583+applicants at the local level. 1066
1584+ 2. Establish an application process for submitting a grant 1067
1585+proposal and eligibility criteria for applicants. 1068
1586+ 3. Develop guidelines a grant recipient must follow for 1069
1587+the expenditure of grant funds and uniform data reporting 1070
1588+requirements for the purpose of evaluating the performance of 1071
1589+grant recipients. 1072
1590+ (b) A nonprofit entity may apply for grant funds in order 1073
1591+to implement a new health care screening or service program that 1074
1592+the entity has not previously implemented. 1075
1593+
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1603+
1604+
1605+ (c) A nonprofit enti ty that has previously implemented a 1076
1606+specific health care screening or services program at one or 1077
1607+more specific locations may apply for grant funds in order to 1078
1608+provide the same or similar screenings or services at a new 1079
1609+location or through a mobile health clinic or mobile unit in 1080
1610+order to expand the program's delivery capabilities. 1081
1611+ (d) An entity that receives a grant under this section 1082
1612+must: 1083
1613+ 1. Follow Department of Health guidelines for reporting on 1084
1614+expenditure of grant funds and measures to evaluate th e 1085
1615+effectiveness of the entity's health care screening or services 1086
1616+program. 1087
1617+ 2. Publicize to the general public and encourage the use 1088
1618+of the health care screening portal created under subsection 1089
1619+(2). 1090
1620+ (e) The Department of Health may adopt rules for the 1091
1621+implementation of this subsection. 1092
1622+ (2)(a) The Department of Health shall create and maintain 1093
1623+an Internet-based portal to direct the general public to events, 1094
1624+organizations, and venues in this state from which health 1095
1625+screenings or services may be obtained at no cost or at a 1096
1626+reduced cost and for the purpose of directing a licensed health 1097
1627+care practitioner to opportunities for volunteering his or her 1098
1628+services to conduct, administer, or facilitate such health 1099
1629+screenings or services. The department may contract for the 1100
1630+
1631+CS/HB 1549 2024
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1640+
1641+
1642+creation or maintenance of the portal with a third -party vendor. 1101
1643+ (b) The portal must be easily accessible by the public, 1102
1644+not require a sign up or login, and include the ability for a 1103
1645+member of the public to enter his or her address and obtain 1104
1646+localized and current data on opportunities for screenings and 1105
1647+services and volunteer opportunities for health care 1106
1648+practitioners. The portal must include, but is not limited to, 1107
1649+all statutorily created screening programs that are funded and 1108
1650+operational under the department's authority. The department 1109
1651+shall coordinate with county health departments so that the 1110
1652+portal includes information on such health screenings and 1111
1653+services provided by county health departments or by nonprofit 1112
1654+entities in partnership with c ounty health departments. 1113
1655+ (c) The department shall include a clear and conspicuous 1114
1656+link to the portal on the homepage of its website. The 1115
1657+department shall publicize the portal to, and encourage the use 1116
1658+of the portal by, the general public and shall enlis t the aid of 1117
1659+county health departments for such outreach. 1118
1660+ Section 6. Section 383.2163, Florida Statutes, is amended 1119
1661+to read: 1120
1662+ 383.2163 Telehealth minority maternity care program.—pilot 1121
1663+programs.—By July 1, 2022, The department shall establish a 1122
1664+statewide telehealth minority maternity care pilot program that 1123
1665+in Duval County and Orange County which uses telehealth to 1124
1666+expand the capacity for positive maternal health outcomes in 1125
1667+
1668+CS/HB 1549 2024
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1677+
1678+
1679+racial and ethnic minority populations. The department shall 1126
1680+direct and assist the county health departments in Duval County 1127
1681+and Orange County to implement the program programs. 1128
1682+ (1) DEFINITIONS.—As used in this section, the term: 1129
1683+ (a) "Department" means the Department of Health. 1130
1684+ (b) "Eligible pregnant woman" means a pregnant woman who 1131
1685+is receiving, or is eligible to receive, maternal or infant care 1132
1686+services from the department under chapter 381 or this chapter. 1133
1687+ (c) "Health care practitioner" has the same meaning as in 1134
1688+s. 456.001. 1135
1689+ (d) "Health professional shortage area" mea ns a geographic 1136
1690+area designated as such by the Health Resources and Services 1137
1691+Administration of the United States Department of Health and 1138
1692+Human Services. 1139
1693+ (e) "Indigenous population" means any Indian tribe, band, 1140
1694+or nation or other organized group or comm unity of Indians 1141
1695+recognized as eligible for services provided to Indians by the 1142
1696+United States Secretary of the Interior because of their status 1143
1697+as Indians, including any Alaskan native village as defined in 1144
1698+43 U.S.C. s. 1602(c), the Alaska Native Claims Se ttlement Act, 1145
1699+as that definition existed on the effective date of this act. 1146
1700+ (f) "Maternal mortality" means a death occurring during 1147
1701+pregnancy or the postpartum period which is caused by pregnancy 1148
1702+or childbirth complications. 1149
1703+ (g) "Medically underserved population" means the 1150
1704+
1705+CS/HB 1549 2024
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1714+
1715+
1716+population of an urban or rural area designated by the United 1151
1717+States Secretary of Health and Human Services as an area with a 1152
1718+shortage of personal health care services or a population group 1153
1719+designated by the United States Secretary of Health and Human 1154
1720+Services as having a shortage of such services. 1155
1721+ (h) "Perinatal professionals" means doulas, personnel from 1156
1722+Healthy Start and home visiting programs, childbirth educators, 1157
1723+community health workers, peer suppor ters, certified lactation 1158
1724+consultants, nutritionists and dietitians, social workers, and 1159
1725+other licensed and nonlicensed professionals who assist women 1160
1726+through their prenatal or postpartum periods. 1161
1727+ (i) "Postpartum" means the 1 -year period beginning on the 1162
1728+last day of a woman's pregnancy. 1163
1729+ (j) "Severe maternal morbidity" means an unexpected 1164
1730+outcome caused by a woman's labor and delivery which results in 1165
1731+significant short-term or long-term consequences to the woman's 1166
1732+health. 1167
1733+ (k) "Technology-enabled collaborative learning and 1168
1734+capacity building model" means a distance health care education 1169
1735+model that connects health care professionals, particularly 1170
1736+specialists, with other health care professionals through 1171
1737+simultaneous interactive videoconferencing for the pu rpose of 1172
1738+facilitating case-based learning, disseminating best practices, 1173
1739+and evaluating outcomes in the context of maternal health care. 1174
1740+ (2) PURPOSE.—The purpose of the program pilot programs is 1175
1741+
1742+CS/HB 1549 2024
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1749+FL 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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1751+
1752+
1753+to: 1176
1754+ (a) Expand the use of technology -enabled collaborativ e 1177
1755+learning and capacity building models to improve maternal health 1178
1756+outcomes for the following populations and demographics: 1179
1757+ 1. Ethnic and minority populations. 1180
1758+ 2. Health professional shortage areas. 1181
1759+ 3. Areas with significant racial and ethnic dispari ties in 1182
1760+maternal health outcomes and high rates of adverse maternal 1183
1761+health outcomes, including, but not limited to, maternal 1184
1762+mortality and severe maternal morbidity. 1185
1763+ 4. Medically underserved populations. 1186
1764+ 5. Indigenous populations. 1187
1765+ (b) Provide for the adoption of and use of telehealth 1188
1766+services that allow for screening and treatment of common 1189
1767+pregnancy-related complications, including, but not limited to, 1190
1768+anxiety, depression, substance use disorder, hemorrhage, 1191
1769+infection, amniotic fluid embolism, thromb otic pulmonary or 1192
1770+other embolism, hypertensive disorders relating to pregnancy, 1193
1771+diabetes, cerebrovascular accidents, cardiomyopathy, and other 1194
1772+cardiovascular conditions. 1195
1773+ (3) TELEHEALTH SERVICES AND EDUCATION. —The program pilot 1196
1774+programs shall adopt the use of telehealth or coordinate with 1197
1775+prenatal home visiting programs to provide all of the following 1198
1776+services and education to eligible pregnant women up to the last 1199
1777+day of their postpartum periods, as applicable: 1200
1778+
1779+CS/HB 1549 2024
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1787+
1788+
1789+
1790+ (a) Referrals to Healthy Start's coordinat ed intake and 1201
1791+referral program to offer families prenatal home visiting 1202
1792+services. 1203
1793+ (b) Services and education addressing social determinants 1204
1794+of health, including, but not limited to, all of the following: 1205
1795+ 1. Housing placement options. 1206
1796+ 2. Transportation services or information on how to access 1207
1797+such services. 1208
1798+ 3. Nutrition counseling. 1209
1799+ 4. Access to healthy foods. 1210
1800+ 5. Lactation support. 1211
1801+ 6. Lead abatement and other efforts to improve air and 1212
1802+water quality. 1213
1803+ 7. Child care options. 1214
1804+ 8. Car seat installation and training. 1215
1805+ 9. Wellness and stress management programs. 1216
1806+ 10. Coordination across safety net and social support 1217
1807+services and programs. 1218
1808+ (c) Evidence-based health literacy and pregnancy, 1219
1809+childbirth, and parenting education for women in the prena tal 1220
1810+and postpartum periods. 1221
1811+ (d) For women during their pregnancies through the 1222
1812+postpartum periods, connection to support from doulas and other 1223
1813+perinatal health workers. 1224
1814+ (e) Tools for prenatal women to conduct key components of 1225
1815+
1816+CS/HB 1549 2024
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1823+FL 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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1825+
1826+
1827+maternal wellness checks, including, but not limited to, all of 1226
1828+the following: 1227
1829+ 1. A device to measure body weight, such as a scale. 1228
1830+ 2. A device to measure blood pressure which has a verbal 1229
1831+reader to assist the pregnant woman in reading the device and to 1230
1832+ensure that the health care practitioner performing the wellness 1231
1833+check through telehealth is able to hear the reading. 1232
1834+ 3. A device to measure blood sugar levels with a verbal 1233
1835+reader to assist the pregnant woman in reading the device and to 1234
1836+ensure that the health care practitio ner performing the wellness 1235
1837+check through telehealth is able to hear the reading. 1236
1838+ 4. Any other device that the health care practitioner 1237
1839+performing wellness checks through telehealth deems necessary. 1238
1840+ (4) TRAINING.—The program pilot programs shall provide 1239
1841+training to participating health care practitioners and other 1240
1842+perinatal professionals on all of the following: 1241
1843+ (a) Implicit and explicit biases, racism, and 1242
1844+discrimination in the provision of maternity care and how to 1243
1845+eliminate these barriers to access ing adequate and competent 1244
1846+maternity care. 1245
1847+ (b) The use of remote patient monitoring tools for 1246
1848+pregnancy-related complications. 1247
1849+ (c) How to screen for social determinants of health risks 1248
1850+in the prenatal and postpartum periods, such as inadequate 1249
1851+housing, lack of access to nutritional foods, environmental 1250
1852+
1853+CS/HB 1549 2024
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1862+
1863+
1864+risks, transportation barriers, and lack of continuity of care. 1251
1865+ (d) Best practices in screening for and, as needed, 1252
1866+evaluating and treating maternal mental health conditions and 1253
1867+substance use disorders. 1254
1868+ (e) Information collection, recording, and evaluation 1255
1869+activities to: 1256
1870+ 1. Study the impact of the pilot program; 1257
1871+ 2. Ensure access to and the quality of care; 1258
1872+ 3. Evaluate patient outcomes as a result of the pilot 1259
1873+program; 1260
1874+ 4. Measure patient experie nce; and 1261
1875+ 5. Identify best practices for the future expansion of the 1262
1876+pilot program. 1263
1877+ (5) REPORT.—By October 31, 2025, and each October 31 1264
1878+thereafter, the department shall submit to the Governor, the 1265
1879+President of the Senate, and the Speaker of the House o f 1266
1880+Representatives a program report that includes, at a minimum, 1267
1881+all of the following for the previous fiscal year: 1268
1882+ (a) The total number of clients served and the demographic 1269
1883+information for the population served, including race, 1270
1884+ethnicity, age, education level, and geographic location. 1271
1885+ (b) The total number of screenings performed, by type. 1272
1886+ (c) The number of participants identified as having 1273
1887+experienced pregnancy -related complications, the number of 1274
1888+participants who received treatments for such complic ations, and 1275
1889+
1890+CS/HB 1549 2024
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1899+
1900+
1901+the final outcome of the pregnancy for such participants. 1276
1902+ (d) The number of referrals made to the Healthy Start 1277
1903+program or other prenatal home visiting programs and the number 1278
1904+of participants who subsequently received services from such 1279
1905+programs. 1280
1906+ (e) The number of referrals made to doulas and other 1281
1907+perinatal professionals and the number of participants who 1282
1908+subsequently received services from doulas and other perinatal 1283
1909+professionals. 1284
1910+ (f) The number and types of devices given to participants 1285
1911+to conduct maternal wellness checks. 1286
1912+ (g) The average length of participation by program 1287
1913+participants. 1288
1914+ (h) Composite results of a participant survey that 1289
1915+measures the participants' experience with the program. 1290
1916+ (i) The total number of health care prac titioners trained, 1291
1917+by provider type and specialty. 1292
1918+ (j) The results of a survey of the health care 1293
1919+practitioners trained under the program. The survey must address 1294
1920+the quality and impact of the training provided, the health care 1295
1921+practitioners' experiences using remote patient monitoring 1296
1922+tools, the best practices provided in the training, and any 1297
1923+suggestions for improvements. 1298
1924+ (k) Aggregate data on the maternal and infant health 1299
1925+outcomes of program participants. 1300
1926+
1927+CS/HB 1549 2024
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1936+
1937+
1938+ (l) For the initial report, all available quantifiable 1301
1939+data related to the telehealth minority maternity care pilot 1302
1940+programs. 1303
1941+ (6)(5) FUNDING.—The pilot programs shall be funded using 1304
1942+funds appropriated by the Legislature for the Closing the Gap 1305
1943+grant program. The department's Division of Communi ty Health 1306
1944+Promotion and Office of Minority Health and Health Equity shall 1307
1945+also work in partnership to apply for federal funds that are 1308
1946+available to assist the department in accomplishing the 1309
1947+program's purpose and successfully implementing the program 1310
1948+pilot programs. 1311
1949+ (7)(6) RULES.—The department may adopt rules to implement 1312
1950+this section. 1313
1951+ Section 7. Subsections (1) through (8), (9), and (10) of 1314
1952+section 383.302, Florida Statutes, are renumbered as subsections 1315
1953+(2) through (9), (11), and (12), respectively, present 1316
1954+subsection (4) is amended, and new subsections (1) and (10) are 1317
1955+added to that section, to read: 1318
1956+ 383.302 Definitions of terms used in ss. 383.30 -383.332.—1319
1957+As used in ss. 383.30 -383.332, the term: 1320
1958+ (1) "Advanced birth center" means a licensed birth center 1321
1959+designated as an advanced birth center which may perform trial 1322
1960+of labor after cesarean deliveries for screened patients who 1323
1961+qualify, planned low -risk cesarean deliveries, and anticipated 1324
1962+vaginal deliveries for laboring patients from t he beginning of 1325
1963+
1964+CS/HB 1549 2024
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1973+
1974+
1975+the 37th week of gestation through the end of the 41st week of 1326
1976+gestation. 1327
1977+ (5)(4) "Consultant" means a physician licensed pursuant to 1328
1978+chapter 458 or chapter 459 who agrees to provide advice and 1329
1979+services to a birth center or an advanced birth center and who 1330
1980+either: 1331
1981+ (a) Is certified or eligible for certification by the 1332
1982+American Board of Obstetrics and Gynecology or the American 1333
1983+Osteopathic Board of Obstetrics and Gynecology; , or 1334
1984+ (b) Has hospital obstetrical privileges. 1335
1985+ (10) "Medical director" means a person who holds an active 1336
1986+unrestricted license as a physician under chapter 458 or chapter 1337
1987+459. 1338
1988+ Section 8. Section 383.3081, Florida Statutes, is created 1339
1989+to read: 1340
1990+ 383.3081 Advanced birth center designation. — 1341
1991+ (1) To be designated as an advanced birth center, a birth 1342
1992+center must, in addition to maintaining compliance with all of 1343
1993+the requirements under ss. 383.30 -383.332 applicable to birth 1344
1994+centers and advanced birth centers, meet all of the following 1345
1995+criteria: 1346
1996+ (a) Be operated and sta ffed 24 hours per day, 7 days per 1347
1997+week. 1348
1998+ (b) Employ two medical directors to oversee the activities 1349
1999+of the center, one of whom must be a board -certified 1350
2000+
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2008+FL 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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2010+
2011+
2012+obstetrician and one of whom must be a board -certified 1351
2013+anesthesiologist. 1352
2014+ (c) Have at least one prope rly equipped, dedicated 1353
2015+surgical suite for the performance of cesarean deliveries. 1354
2016+ (d) Employ at least one registered nurse and ensure that 1355
2017+at least one registered nurse is present in the center at all 1356
2018+times and has the ability to stabilize and facilitat e the 1357
2019+transfer of patients and newborn infants when appropriate. 1358
2020+ (e) Enter into a written agreement with a blood bank for 1359
2021+emergency blood bank services and have written protocols for the 1360
2022+management of obstetrical hemorrhage which include provisions 1361
2023+for emergency blood transfusions. If a patient admitted to an 1362
2024+advanced birth center receives an emergency blood transfusion at 1363
2025+the center, the patient must immediately thereafter be 1364
2026+transferred to a hospital for further care. 1365
2027+ (f) Meet all standards adopted by rule for birth centers, 1366
2028+unless specified otherwise, and advanced birth centers pursuant 1367
2029+to s. 383.309. 1368
2030+ (g) Comply with the Florida Building Code and Florida Fire 1369
2031+Prevention Code standards for ambulatory surgical centers. 1370
2032+ (h) Qualify for, enter into, a nd maintain a Medicaid 1371
2033+provider agreement with the agency pursuant to s. 409.907 and 1372
2034+provide services to Medicaid recipients according to the terms 1373
2035+of the provider agreement. 1374
2036+ (2) The agency shall establish by rule a process for 1375
2037+
2038+CS/HB 1549 2024
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2046+
2047+
2048+
2049+designating a birth center that meets the requirements of this 1376
2050+section as an advanced birth center. 1377
2051+ Section 9. Subsection (2) of section 383.309, Florida 1378
2052+Statutes, is renumbered as subsection (3), and a new subsection 1379
2053+(2) is added to that section, to read: 1380
2054+ 383.309 Minimum sta ndards for birth centers and advanced 1381
2055+birth centers; rules and enforcement. — 1382
2056+ (2) The standards adopted by rule for designating a birth 1383
2057+center as an advanced birth center must, at a minimum, be 1384
2058+equivalent to the minimum standards adopted for ambulatory 1385
2059+surgical centers pursuant to s. 395.1055 and must include 1386
2060+standards for quality of care, blood transfusions, and sanitary 1387
2061+conditions for food handling and food service. 1388
2062+ Section 10. Section 383.313, Florida Statutes, is amended 1389
2063+to read: 1390
2064+ 383.313 Birth center performance of laboratory and 1391
2065+surgical services; use of anesthetic and chemical agents. — 1392
2066+ (1) LABORATORY SERVICES. —A birth center may collect 1393
2067+specimens for those tests that are requested under protocol. A 1394
2068+birth center must obtain and continuously ma intain certification 1395
2069+by the Centers for Medicare and Medicaid Services under the 1396
2070+federal Clinical Laboratory Improvement Amendments and the 1397
2071+federal rules adopted thereunder in order to perform laboratory 1398
2072+tests specified by rule of the agency, and which are appropriate 1399
2073+to meet the needs of the patient. 1400
2074+
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2084+
2085+
2086+ (2) SURGICAL SERVICES. —Except for advanced birth centers 1401
2087+authorized to provide surgical services under s. 383.3131, only 1402
2088+those surgical procedures that are shall be limited to those 1403
2089+normally performed during uncomplicated childbirths, such as 1404
2090+episiotomies and repairs , may be performed at a birth center. 1405
2091+and shall not include Operative obstetrics or caesarean sections 1406
2092+may not be performed at a birth center . 1407
2093+ (3) ADMINISTRATION OF ANALGESIA AND ANESTHESIA. —General 1408
2094+and conduction anesthesia may not be administered at a birth 1409
2095+center. Systemic analgesia may be administered, and local 1410
2096+anesthesia for pudendal block and episiotomy repair may be 1411
2097+performed if procedures are outlined by the clinical staff and 1412
2098+performed by personnel who have the with statutory authority to 1413
2099+do so. 1414
2100+ (4) INTRAPARTAL USE OF CHEMICAL AGENTS. —Labor may not be 1415
2101+inhibited, stimulated, or augmented with chemical agents during 1416
2102+the first or second stage of labor unless prescribed by 1417
2103+personnel who have the with statutory authority to do so and 1418
2104+unless in connection with and before prior to emergency 1419
2105+transport. 1420
2106+ Section 11. Section 383.3131, Florida Statutes, is created 1421
2107+to read: 1422
2108+ 383.3131 Advanced birth center performance of laboratory 1423
2109+and surgical services; use of anesthetic and chemical agents. — 1424
2110+ (1) LABORATORY SERVICES. —An advanced birth center shall 1425
2111+
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2120+
2121+
2122+
2123+have a clinical laboratory on site. The clinical laboratory 1426
2124+must, at a minimum, be capable of providing laboratory testing 1427
2125+for hematology, metabolic screening, liver function, and 1428
2126+coagulation studies. An advanced birth center may collect 1429
2127+specimens for those tests that are requested under protocol. An 1430
2128+advanced birth center may perform laboratory tests as defined by 1431
2129+rule of the agency. Laboratories loca ted in advanced birth 1432
2130+centers must be appropriately certified by the Centers for 1433
2131+Medicare and Medicaid Services under the federal Clinical 1434
2132+Laboratory Improvement Amendments and the federal rules adopted 1435
2133+thereunder. 1436
2134+ (2) SURGICAL SERVICES. —In addition to surgical procedures 1437
2135+authorized under s. 383.313(2), surgical procedures for low -risk 1438
2136+cesarean deliveries and surgical management of immediate 1439
2137+complications may also be performed at an advanced birth center. 1440
2138+Postpartum sterilization may be performed before d ischarge of 1441
2139+the patient who has given birth during that admission. 1442
2140+Circumcisions may be performed before discharge of the newborn 1443
2141+infant. 1444
2142+ (3) ADMINISTRATION OF ANALGESIA AND ANESTHESIA. —General, 1445
2143+conduction, and local anesthesia may be administered at an 1446
2144+advanced birth center if administered by personnel who have the 1447
2145+statutory authority to do so. All general anesthesia must be 1448
2146+administered by an anesthesiologist or a certified registered 1449
2147+nurse anesthetist in accordance with s. 464.012. When general 1450
2148+
2149+CS/HB 1549 2024
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2151+
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2156+FL 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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2158+
2159+
2160+anesthesia is administered, a physician or a certified 1451
2161+registered nurse anesthetist must be present in the advanced 1452
2162+birth center during the anesthesia and postanesthesia recovery 1453
2163+period until the patient is fully alert. Each advanced birth 1454
2164+center shall comply wit h s. 395.0191(2)(b). 1455
2165+ (4) INTRAPARTAL USE OF CHEMICAL AGENTS. —Labor may be 1456
2166+inhibited, stimulated, or augmented with chemical agents during 1457
2167+the first or second stage of labor at an advanced birth center 1458
2168+if prescribed by personnel who have the statutory aut hority to 1459
2169+do so. Labor may be electively induced beginning at the 39th 1460
2170+week of gestation for a patient with a documented Bishop score 1461
2171+of 8 or greater. 1462
2172+ Section 12. Subsection (3) is added to section 383.315, 1463
2173+Florida Statutes, to read: 1464
2174+ 383.315 Agreements with consultants for advice or 1465
2175+services; maintenance. — 1466
2176+ (3) An advanced birth center shall employ or maintain an 1467
2177+agreement with an obstetrician who must be present in the center 1468
2178+at all times during which a patient is in active labor in the 1469
2179+center to attend deliveries, available to respond to 1470
2180+emergencies, and, when necessary, available to perform cesarean 1471
2181+deliveries. 1472
2182+ Section 13. Section 383.316, Florida Statutes, is amended 1473
2183+to read: 1474
2184+ 383.316 Transfer and transport of clients to hospitals. — 1475
2185+
2186+CS/HB 1549 2024
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2194+
2195+
2196+
2197+ (1) If unforeseen complications arise during labor, 1476
2198+delivery, or postpartum recovery, the client must shall be 1477
2199+transferred to a hospital. 1478
2200+ (2) Each birth center licensed facility shall make 1479
2201+arrangements with a local ambulance service licensed under 1480
2202+chapter 401 for the transport of emergency patients to a 1481
2203+hospital. Such arrangements must shall be documented in the 1482
2204+center's policy and procedures manual of the facility if the 1483
2205+birth center does not own or operate a licensed ambulance. The 1484
2206+policy and procedures manual shall also must contain specific 1485
2207+protocols for the transfer of any patient to a licensed 1486
2208+hospital. 1487
2209+ (3) Each advanced birth center shall enter into a written 1488
2210+transfer agreement with a local hospital licensed under chapter 1489
2211+395 for the transfer and admissi on of emergency patients to the 1490
2212+hospital or a written agreement with an obstetrician who has 1491
2213+hospital privileges to provide coverage at all times and who has 1492
2214+agreed to accept the transfer of the advanced birth center's 1493
2215+patients. 1494
2216+ (4)(3) A birth center licensed facility shall identify 1495
2217+neonatal-specific transportation services, including ground and 1496
2218+air ambulances; list their particular qualifications; and have 1497
2219+the telephone numbers for access to these services clearly 1498
2220+listed and immediately available. 1499
2221+ (5)(4) The birth center shall assess and document Annual 1500
2222+
2223+CS/HB 1549 2024
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2230+FL 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
2231+
2232+
2233+
2234+assessments of the transportation services and transfer 1501
2235+protocols annually shall be made and documented . 1502
2236+ Section 14. Subsections (2) and (3) of section 383.318, 1503
2237+Florida Statutes, are renumbered as subsections (3) and (4), 1504
2238+respectively, subsection (1) is amended, and a new subsection 1505
2239+(2) is added to that section, to read: 1506
2240+ 383.318 Postpartum care for birth center and advanced 1507
2241+birth center clients and infants. — 1508
2242+ (1) Except at an advanced birth cente r that must adhere to 1509
2243+the requirements of subsection (2), a mother and her infant must 1510
2244+shall be dismissed from a the birth center within 24 hours after 1511
2245+the birth of the infant, except in unusual circumstances as 1512
2246+defined by rule of the agency. If a mother o r an infant is 1513
2247+retained at the birth center for more than 24 hours after the 1514
2248+birth, a report must shall be filed with the agency within 48 1515
2249+hours after of the birth and must describe describing the 1516
2250+circumstances and the reasons for the decision. 1517
2251+ (2)(a) A mother and her infant must be dismissed from an 1518
2252+advanced birth center within 48 hours after a vaginal delivery 1519
2253+or within 72 hours after a delivery by cesarean section, except 1520
2254+in unusual circumstances as defined by rule of the agency. 1521
2255+ (b) If a mother or a n infant is retained at the advanced 1522
2256+birth center for more than the timeframes set forth in paragraph 1523
2257+(a), a report must be filed with the agency within 48 hours 1524
2258+after the scheduled discharge time and must describe the 1525
2259+
2260+CS/HB 1549 2024
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2267+FL 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
2268+
2269+
2270+
2271+circumstances and the reasons for the decision. 1526
2272+ Section 15. Subsections (5), (31), and (36) of section 1527
2273+394.455, Florida Statutes, are amended to read: 1528
2274+ 394.455 Definitions. —As used in this part, the term: 1529
2275+ (5) "Clinical psychologist" means a person licensed to 1530
2276+practice psychology under chapter 490 a psychologist as defined 1531
2277+in s. 490.003(7) with 3 years of postdoctoral experience in the 1532
2278+practice of clinical psychology, inclusive of the experience 1533
2279+required for licensure, or a psychologist employed by a facility 1534
2280+operated by the United State s Department of Veterans Affairs 1535
2281+that qualifies as a receiving or treatment facility under this 1536
2282+part. 1537
2283+ (31) "Mobile crisis response service" or "mobile response 1538
2284+team" means a nonresidential mental and behavioral health crisis 1539
2285+service available 24 hours pe r day, 7 days per week which 1540
2286+provides immediate intensive assessments and interventions, 1541
2287+including screening for admission into a mental health receiving 1542
2288+facility, an addictions receiving facility, or a detoxification 1543
2289+facility, for the purpose of identifyi ng appropriate treatment 1544
2290+services. 1545
2291+ (36) "Psychiatric nurse" means an advanced practice 1546
2292+registered nurse licensed under s. 464.012 who has a master's or 1547
2293+doctoral degree in psychiatric nursing and, holds a national 1548
2294+advanced practice certification as a psyc hiatric mental health 1549
2295+advanced practice nurse, and has 1 year 2 years of post-master's 1550
2296+
2297+CS/HB 1549 2024
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2304+FL 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
2305+
2306+
2307+
2308+clinical experience under the supervision of a physician. 1551
2309+ Section 16. Paragraph (c) of subsection (5) of section 1552
2310+394.457, Florida Statutes, is amended to read: 1553
2311+ 394.457 Operation and administration. — 1554
2312+ (5) RULES.— 1555
2313+ (c) The department shall adopt rules establishing minimum 1556
2314+standards for services provided by a mental health overlay 1557
2315+program or a mobile crisis response service. Minimum standards 1558
2316+for mobile crisis response services must: 1559
2317+ 1. Include child, adolescent, and young adult mobile 1560
2318+response teams established under s. 394.495(7) and ensure 1561
2319+coverage of all counties by these specified teams. 1562
2320+ 2. Create a structure for general mobile response teams 1563
2321+which focuses on emergency room diversion and the reduction of 1564
2322+involuntary commitment under this chapter. The structure must 1565
2323+require, but need not be limited to, the following: 1566
2324+ a. Triage and rapid crisis intervention within 60 minutes. 1567
2325+ b. Provision of and referr al to evidence-based services 1568
2326+that are responsive to the needs of the individual and the 1569
2327+individual's family. 1570
2328+ c. Screening, assessment, early identification, and care 1571
2329+coordination. 1572
2330+ d. Followup at 90 and 180 days to gather outcome data on a 1573
2331+mobile crisis response encounter to determine efficacy of the 1574
2332+mobile crisis response service. 1575
2333+
2334+CS/HB 1549 2024
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2336+
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2341+FL 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
2342+
2343+
2344+
2345+ Section 17. Subsections (1) and (3) of section 394.4598, 1576
2346+Florida Statutes, are amended to read: 1577
2347+ 394.4598 Guardian advocate. — 1578
2348+ (1) The administrator may petition the co urt for the 1579
2349+appointment of a guardian advocate based upon the opinion of a 1580
2350+psychiatrist or psychiatric nurse practicing within the 1581
2351+framework of an established protocol with a psychiatrist that 1582
2352+the patient is incompetent to consent to treatment. If the cour t 1583
2353+finds that a patient is incompetent to consent to treatment and 1584
2354+has not been adjudicated incapacitated and had a guardian with 1585
2355+the authority to consent to mental health treatment appointed, 1586
2356+the court must it shall appoint a guardian advocate. The patient 1587
2357+has the right to have an attorney represent him or her at the 1588
2358+hearing. If the person is indigent, the court must shall appoint 1589
2359+the office of the public defender to represent him or her at the 1590
2360+hearing. The patient has the right to testify, cross -examine 1591
2361+witnesses, and present witnesses. The proceeding must shall be 1592
2362+recorded, either electronically or stenographically, and 1593
2363+testimony must shall be provided under oath. One of the 1594
2364+professionals authorized to give an opinion in support of a 1595
2365+petition for involuntary placement, as described in s. 394.4655 1596
2366+or s. 394.467, must testify. A guardian advocate must meet the 1597
2367+qualifications of a guardian cont ained in part IV of chapter 1598
2368+744, except that a professional referred to in this part, an 1599
2369+employee of the facility providing direct services to the 1600
2370+
2371+CS/HB 1549 2024
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2373+
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2378+FL 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
2379+
2380+
2381+
2382+patient under this part, a departmental employee, a facility 1601
2383+administrator, or member of the Florida local ad vocacy council 1602
2384+shall not be appointed. A person who is appointed as a guardian 1603
2385+advocate must agree to the appointment. 1604
2386+ (3) A facility requesting appointment of a guardian 1605
2387+advocate must, before prior to the appointment, provide the 1606
2388+prospective guardian ad vocate with information about the duties 1607
2389+and responsibilities of guardian advocates, including the 1608
2390+information about the ethics of medical decisionmaking. Before 1609
2391+asking a guardian advocate to give consent to treatment for a 1610
2392+patient, the facility shall prov ide to the guardian advocate 1611
2393+sufficient information so that the guardian advocate can decide 1612
2394+whether to give express and informed consent to the treatment, 1613
2395+including information that the treatment is essential to the 1614
2396+care of the patient, and that the treat ment does not present an 1615
2397+unreasonable risk of serious, hazardous, or irreversible side 1616
2398+effects. Before giving consent to treatment, the guardian 1617
2399+advocate must meet and talk with the patient and the patient's 1618
2400+physician or psychiatric nurse practicing within the framework 1619
2401+of an established protocol with a psychiatrist in person, if at 1620
2402+all possible, and by telephone, if not. The decision of the 1621
2403+guardian advocate may be reviewed by the court, upon petition of 1622
2404+the patient's attorney, the patient's family, or the facility 1623
2405+administrator. 1624
2406+ Section 18. Subsection (11) of section 394.4615, Florida 1625
2407+
2408+CS/HB 1549 2024
2409+
2410+
2411+
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2415+FL 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
2416+
2417+
2418+
2419+Statutes, is amended to read: 1626
2420+ 394.4615 Clinical records; confidentiality. — 1627
2421+ (11) Patients must shall have reasonable access to their 1628
2422+clinical records, unless such acce ss is determined by the 1629
2423+patient's physician or the patient's psychiatric nurse to be 1630
2424+harmful to the patient. If the patient's right to inspect his or 1631
2425+her clinical record is restricted by the facility, written 1632
2426+notice of such restriction must shall be given to the patient 1633
2427+and the patient's guardian, guardian advocate, attorney, and 1634
2428+representative. In addition, the restriction must shall be 1635
2429+recorded in the clinical record, together with the reasons for 1636
2430+it. The restriction of a patient's right to inspect his or her 1637
2431+clinical record expires shall expire after 7 days but may be 1638
2432+renewed, after review, for subsequent 7 -day periods. 1639
2433+ Section 19. Paragraph (f) of subsection (1) and subsection 1640
2434+(5) of section 394.4625, Florida Statutes, are amended to read: 1641
2435+ 394.4625 Voluntary admissions. — 1642
2436+ (1) AUTHORITY TO RECEIVE PATIENTS. — 1643
2437+ (f) Within 24 hours after admission of a voluntary 1644
2438+patient, the treating admitting physician or psychiatric nurse 1645
2439+practicing within the framework of an established protocol with 1646
2440+a psychiatrist shall document in the patient's clinical record 1647
2441+that the patient is able to give express and informed consent 1648
2442+for admission. If the patient is not able to give express and 1649
2443+informed consent for admission, the facility must shall either 1650
2444+
2445+CS/HB 1549 2024
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2452+FL 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
2453+
2454+
2455+
2456+discharge the patien t or transfer the patient to involuntary 1651
2457+status pursuant to subsection (5). 1652
2458+ (5) TRANSFER TO INVOLUNTARY STATUS. —When a voluntary 1653
2459+patient, or an authorized person on the patient's behalf, makes 1654
2460+a request for discharge, the request for discharge, unless 1655
2461+freely and voluntarily rescinded, must be communicated to a 1656
2462+physician, clinical psychologist with at least 3 years of 1657
2463+postdoctoral experience in the practice of clinical psychology , 1658
2464+or psychiatrist as quickly as possible, but not later than 12 1659
2465+hours after the request is made. If the patient meets the 1660
2466+criteria for involuntary placement, the administrator of the 1661
2467+facility must file with the court a petition for involuntary 1662
2468+placement, within 2 court working days after the request for 1663
2469+discharge is made. If the pet ition is not filed within 2 court 1664
2470+working days, the patient must shall be discharged. Pending the 1665
2471+filing of the petition, the patient may be held and emergency 1666
2472+treatment rendered in the least restrictive manner, upon the 1667
2473+written order of a physician or a psychiatric nurse practicing 1668
2474+within the framework of an established protocol with a 1669
2475+psychiatrist, if it is determined that such treatment is 1670
2476+necessary for the safety of the patient or others. 1671
2477+ Section 20. Paragraph (f) of subsection (2) of section 1672
2478+394.463, Florida Statutes, is amended to read: 1673
2479+ 394.463 Involuntary examination. — 1674
2480+ (2) INVOLUNTARY EXAMINATION. — 1675
2481+
2482+CS/HB 1549 2024
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2484+
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2489+FL 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
2490+
2491+
2492+
2493+ (f) A patient must shall be examined by a physician or a 1676
2494+clinical psychologist, or by a psychiatric nurse performing 1677
2495+within the framework of an e stablished protocol with a 1678
2496+psychiatrist at a facility without unnecessary delay to 1679
2497+determine if the criteria for involuntary services are met. 1680
2498+Emergency treatment may be provided upon the order of a 1681
2499+physician or a psychiatric nurse practicing within the fr amework 1682
2500+of an established protocol with a psychiatrist if the physician 1683
2501+or psychiatric nurse determines that such treatment is necessary 1684
2502+for the safety of the patient or others. The patient may not be 1685
2503+released by the receiving facility or its contractor wi thout the 1686
2504+documented approval of a psychiatrist or a clinical psychologist 1687
2505+with at least 3 years of postdoctoral experience in the practice 1688
2506+of clinical psychology or, if the receiving facility is owned or 1689
2507+operated by a hospital, health system, or nationall y accredited 1690
2508+community mental health center, the release may also be approved 1691
2509+by a psychiatric nurse performing within the framework of an 1692
2510+established protocol with a psychiatrist, or an attending 1693
2511+emergency department physician with experience in the diagn osis 1694
2512+and treatment of mental illness after completion of an 1695
2513+involuntary examination pursuant to this subsection. A 1696
2514+psychiatric nurse may not approve the release of a patient if 1697
2515+the involuntary examination was initiated by a psychiatrist 1698
2516+unless the release is approved by the initiating psychiatrist. 1699
2517+The release may be approved through telehealth. 1700
2518+
2519+CS/HB 1549 2024
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2526+FL 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
2527+
2528+
2529+
2530+ Section 21. Paragraphs (a) and (b) of subsection (3), 1701
2531+paragraph (b) of subsection (7), and paragraph (a) of subsection 1702
2532+(8) of section 394.4655, Florida Statutes , are amended to read: 1703
2533+ 394.4655 Involuntary outpatient services. — 1704
2534+ (3) INVOLUNTARY OUTPATIENT SERVICES. — 1705
2535+ (a)1. A patient who is being recommended for involuntary 1706
2536+outpatient services by the administrator of the facility where 1707
2537+the patient has been exami ned may be retained by the facility 1708
2538+after adherence to the notice procedures provided in s. 1709
2539+394.4599. The recommendation must be supported by the opinion of 1710
2540+a psychiatrist and the second opinion of a clinical psychologist 1711
2541+with at least 3 years of clinical experience or another 1712
2542+psychiatrist, or a psychiatric nurse practicing within the 1713
2543+framework of an established protocol with a psychiatrist, both 1714
2544+of whom have personally examined the patient within the 1715
2545+preceding 72 hours, that the criteria for involuntary ou tpatient 1716
2546+services are met. However, if the administrator certifies that a 1717
2547+psychiatrist or clinical psychologist with at least 3 years of 1718
2548+clinical experience is not available to provide the second 1719
2549+opinion, the second opinion may be provided by a licensed 1720
2550+physician who has postgraduate training and experience in 1721
2551+diagnosis and treatment of mental illness, a physician assistant 1722
2552+who has at least 3 years' experience and is supervised by such 1723
2553+licensed physician or a psychiatrist, a clinical social worker, 1724
2554+a clinical psychologist, or by a psychiatric nurse. Any second 1725
2555+
2556+CS/HB 1549 2024
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2565+
2566+
2567+opinion authorized in this subparagraph may be conducted through 1726
2568+a face-to-face examination, in person or by electronic means. 1727
2569+Such recommendation must be entered on an involuntary outpatient 1728
2570+services certificate that authorizes the facility to retain the 1729
2571+patient pending completion of a hearing. The certificate must be 1730
2572+made a part of the patient's clinical record. 1731
2573+ 2. If the patient has been stabilized and no longer meets 1732
2574+the criteria for involuntary e xamination pursuant to s. 1733
2575+394.463(1), the patient must be released from the facility while 1734
2576+awaiting the hearing for involuntary outpatient services. Before 1735
2577+filing a petition for involuntary outpatient services, the 1736
2578+administrator of the facility or a design ated department 1737
2579+representative must identify the service provider that will have 1738
2580+primary responsibility for service provision under an order for 1739
2581+involuntary outpatient services, unless the person is otherwise 1740
2582+participating in outpatient psychiatric treatme nt and is not in 1741
2583+need of public financing for that treatment, in which case the 1742
2584+individual, if eligible, may be ordered to involuntary treatment 1743
2585+pursuant to the existing psychiatric treatment relationship. 1744
2586+ 3. The service provider shall prepare a written proposed 1745
2587+treatment plan in consultation with the patient or the patient's 1746
2588+guardian advocate, if appointed, for the court's consideration 1747
2589+for inclusion in the involuntary outpatient services order that 1748
2590+addresses the nature and extent of the mental illness a nd any 1749
2591+co-occurring substance use disorder that necessitate involuntary 1750
2592+
2593+CS/HB 1549 2024
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2600+FL 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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2602+
2603+
2604+outpatient services. The treatment plan must specify the likely 1751
2605+level of care, including the use of medication, and anticipated 1752
2606+discharge criteria for terminating involuntary outpatien t 1753
2607+services. Service providers may select and supervise other 1754
2608+individuals to implement specific aspects of the treatment plan. 1755
2609+The services in the plan must be deemed clinically appropriate 1756
2610+by a physician, clinical psychologist, psychiatric nurse, mental 1757
2611+health counselor, marriage and family therapist, or clinical 1758
2612+social worker who consults with, or is employed or contracted 1759
2613+by, the service provider. The service provider must certify to 1760
2614+the court in the proposed plan whether sufficient services for 1761
2615+improvement and stabilization are currently available and 1762
2616+whether the service provider agrees to provide those services. 1763
2617+If the service provider certifies that the services in the 1764
2618+proposed treatment plan are not available, the petitioner may 1765
2619+not file the petition. The service provider must notify the 1766
2620+managing entity if the requested services are not available. The 1767
2621+managing entity must document such efforts to obtain the 1768
2622+requested services. 1769
2623+ (b) If a patient in involuntary inpatient placement meets 1770
2624+the criteria for involuntary outpatient services, the 1771
2625+administrator of the facility may, before the expiration of the 1772
2626+period during which the facility is authorized to retain the 1773
2627+patient, recommend involuntary outpatient services. The 1774
2628+recommendation must be supported by the opinion of a 1775
2629+
2630+CS/HB 1549 2024
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2639+
2640+
2641+psychiatrist and the second opinion of a clinical psychologist 1776
2642+with at least 3 years of clinical experience, or another 1777
2643+psychiatrist, or a psychiatric nurse practici ng within the 1778
2644+framework of an established protocol with a psychiatrist, both 1779
2645+of whom have personally examined the patient within the 1780
2646+preceding 72 hours, that the criteria for involuntary outpatient 1781
2647+services are met. However, if the administrator certifies that a 1782
2648+psychiatrist or clinical psychologist with at least 3 years of 1783
2649+clinical experience is not available to provide the second 1784
2650+opinion, the second opinion may be provided by a licensed 1785
2651+physician who has postgraduate training and experience in 1786
2652+diagnosis and treatment of mental illness, a physician assistant 1787
2653+who has at least 3 years' experience and is supervised by such 1788
2654+licensed physician or a psychiatrist, a clinical social worker, 1789
2655+a clinical psychologist, or by a psychiatric nurse. Any second 1790
2656+opinion authorized in this subparagraph may be conducted through 1791
2657+a face-to-face examination, in person or by electronic means. 1792
2658+Such recommendation must be entered on an involuntary outpatient 1793
2659+services certificate, and the certificate must be made a part of 1794
2660+the patient's clinical record. 1795
2661+ (7) HEARING ON INVOLUNTARY OUTPATIENT SERVICES. — 1796
2662+ (b)1. If the court concludes that the patient meets the 1797
2663+criteria for involuntary outpatient services pursuant to 1798
2664+subsection (2), the court must shall issue an order for 1799
2665+involuntary outpatient services. The court order must shall be 1800
2666+
2667+CS/HB 1549 2024
2668+
2669+
2670+
2671+CODING: Words stricken are deletions; words underlined are additions.
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2673+Page 73 of 316
2674+FL 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
2675+
2676+
2677+
2678+for a period of up to 90 days. The order must specify the nature 1801
2679+and extent of the patient's mental illness. The order of the 1802
2680+court and the treatment plan m ust be made part of the patient's 1803
2681+clinical record. The service provider shall discharge a patient 1804
2682+from involuntary outpatient services when the order expires or 1805
2683+any time the patient no longer meets the criteria for 1806
2684+involuntary placement. Upon discharge, th e service provider 1807
2685+shall send a certificate of discharge to the court. 1808
2686+ 2. The court may not order the department or the service 1809
2687+provider to provide services if the program or service is not 1810
2688+available in the patient's local community, if there is no space 1811
2689+available in the program or service for the patient, or if 1812
2690+funding is not available for the program or service. The service 1813
2691+provider must notify the managing entity if the requested 1814
2692+services are not available. The managing entity must document 1815
2693+such efforts to obtain the requested services. A copy of the 1816
2694+order must be sent to the managing entity by the service 1817
2695+provider within 1 working day after it is received from the 1818
2696+court. The order may be submitted electronically through 1819
2697+existing data systems. After the order for involuntary services 1820
2698+is issued, the service provider and the patient may modify the 1821
2699+treatment plan. For any material modification of the treatment 1822
2700+plan to which the patient or, if one is appointed, the patient's 1823
2701+guardian advocate agrees, the ser vice provider shall send notice 1824
2702+of the modification to the court. Any material modifications of 1825
2703+
2704+CS/HB 1549 2024
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2706+
2707+
2708+CODING: Words stricken are deletions; words underlined are additions.
2709+hb1549-01-c1
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2711+FL 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
2712+
2713+
2714+
2715+the treatment plan which are contested by the patient or the 1826
2716+patient's guardian advocate, if applicable, must be approved or 1827
2717+disapproved by the court consistent with subsection (3). 1828
2718+ 3. If, in the clinical judgment of a physician or a 1829
2719+psychiatric nurse practicing within the framework of an 1830
2720+established protocol with a psychiatrist , the patient has failed 1831
2721+or has refused to comply with the treatment ordered by the 1832
2722+court, and, in the clinical judgment of the physician or 1833
2723+psychiatric nurse, efforts were made to solicit compliance and 1834
2724+the patient may meet the criteria for involuntary examination, a 1835
2725+person may be brought to a receiving facility pursuant to s. 1836
2726+394.463. If, after examination, the patient does not meet the 1837
2727+criteria for involuntary inpatient placement pursuant to s. 1838
2728+394.467, the patient must be discharged from the facility. The 1839
2729+involuntary outpatient services order must shall remain in 1840
2730+effect unless the serv ice provider determines that the patient 1841
2731+no longer meets the criteria for involuntary outpatient services 1842
2732+or until the order expires. The service provider must determine 1843
2733+whether modifications should be made to the existing treatment 1844
2734+plan and must attempt t o continue to engage the patient in 1845
2735+treatment. For any material modification of the treatment plan 1846
2736+to which the patient or the patient's guardian advocate, if 1847
2737+applicable, agrees, the service provider shall send notice of 1848
2738+the modification to the court. Any material modifications of the 1849
2739+treatment plan which are contested by the patient or the 1850
2740+
2741+CS/HB 1549 2024
2742+
2743+
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2745+CODING: Words stricken are deletions; words underlined are additions.
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2748+FL 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
2749+
2750+
2751+
2752+patient's guardian advocate, if applicable, must be approved or 1851
2753+disapproved by the court consistent with subsection (3). 1852
2754+ (8) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPAT IENT 1853
2755+SERVICES.— 1854
2756+ (a)1. If the person continues to meet the criteria for 1855
2757+involuntary outpatient services, the service provider must 1856
2758+shall, at least 10 days before the expiration of the period 1857
2759+during which the treatment is ordered for the person, file in 1858
2760+the court that issued the order for involuntary outpatient 1859
2761+services a petition for continued involuntary outpatient 1860
2762+services. The court shall immediately schedule a hearing on the 1861
2763+petition to be held within 15 days after the petition is filed. 1862
2764+ 2. The existing involuntary outpatient services order 1863
2765+remains in effect until disposition on the petition for 1864
2766+continued involuntary outpatient services. 1865
2767+ 3. A certificate must shall be attached to the petition 1866
2768+which includes a statement from the person's physician or 1867
2769+clinical psychologist with at least 3 years of postdoctoral 1868
2770+experience in the practice of clinical psychology justifying the 1869
2771+request, a brief description of the patient's treatment during 1870
2772+the time he or she was receiving involuntary services, and an 1871
2773+individualized plan of continued treatment. 1872
2774+ 4. The service provider shall develop the individualized 1873
2775+plan of continued treatment in consultation with the patient or 1874
2776+the patient's guardian advocate, if applicable. When the 1875
2777+
2778+CS/HB 1549 2024
2779+
2780+
2781+
2782+CODING: Words stricken are deletions; words underlined are additions.
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2785+FL 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
2786+
2787+
2788+
2789+petition has been filed, the clerk of the court shall provide 1876
2790+copies of the certificate and the individualized plan of 1877
2791+continued services to the department, the patient, the patient's 1878
2792+guardian advocate, the state attorney, and the patient's private 1879
2793+counsel or the public defender. 1880
2794+ Section 22. Subsection (2) of section 394.467, Florida 1881
2795+Statutes, is amended to read: 1882
2796+ 394.467 Involuntary inpatient placement. — 1883
2797+ (2) ADMISSION TO A TREATMENT FACILITY. —A patient may be 1884
2798+retained by a facility or involuntarily placed in a treatment 1885
2799+facility upon the recommendation of the administrator of the 1886
2800+facility where the patient has been examined and after adherence 1887
2801+to the notice and hearing procedures provided in s. 394.4599. 1888
2802+The recommendation must be supported by the opinion of a 1889
2803+psychiatrist and the secon d opinion of a clinical psychologist 1890
2804+with at least 3 years of clinical experience, or another 1891
2805+psychiatrist, or a psychiatric nurse practicing within the 1892
2806+framework of an established protocol with a psychiatrist , both 1893
2807+of whom have personally examined the pat ient within the 1894
2808+preceding 72 hours, that the criteria for involuntary inpatient 1895
2809+placement are met. However, if the administrator certifies that 1896
2810+a psychiatrist or clinical psychologist with at least 3 years of 1897
2811+clinical experience is not available to provide the second 1898
2812+opinion, the second opinion may be provided by a licensed 1899
2813+physician who has postgraduate training and experience in 1900
2814+
2815+CS/HB 1549 2024
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2817+
2818+
2819+CODING: Words stricken are deletions; words underlined are additions.
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2822+FL 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
2823+
2824+
2825+
2826+diagnosis and treatment of mental illness , a clinical 1901
2827+psychologist, or by a psychiatric nurse. Any opinion authorized 1902
2828+in this subsection may be conducted through a face -to-face 1903
2829+examination, in person, or by electronic means. Such 1904
2830+recommendation must shall be entered on a petition for 1905
2831+involuntary inpatient placement certificate that authorizes the 1906
2832+facility to retain the patient pend ing transfer to a treatment 1907
2833+facility or completion of a hearing. 1908
2834+ Section 23. Subsection (1) of section 394.4781, Florida 1909
2835+Statutes, is amended to read: 1910
2836+ 394.4781 Residential care for psychotic and emotionally 1911
2837+disturbed children.— 1912
2838+ (1) DEFINITIONS.—As used in this section , the term: 1913
2839+ (a)(b) "Department" means the Department of Children and 1914
2840+Families. 1915
2841+ (b)(a) "Psychotic or severely emotionally disturbed child" 1916
2842+means a child so diagnosed by a psychiatrist or a clinical 1917
2843+psychologist with at least 3 years of postdoctoral experience in 1918
2844+the practice of clinical psychology, who must have who has 1919
2845+specialty training and experience with children. Such a severely 1920
2846+emotionally disturbed child or psychotic child shall be 1921
2847+considered by this diagnosis to benefit by and require 1922
2848+residential care as contemplated by this section. 1923
2849+ Section 24. Subsection (2) of section 394.4785, Florida 1924
2850+Statutes, is amended to read: 1925
2851+
2852+CS/HB 1549 2024
2853+
2854+
2855+
2856+CODING: Words stricken are deletions; words underlined are additions.
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2859+FL 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
2860+
2861+
2862+
2863+ 394.4785 Children and adolescents; admission and placement 1926
2864+in mental facilities. — 1927
2865+ (2) A person under th e age of 14 who is admitted to any 1928
2866+hospital licensed pursuant to chapter 395 may not be admitted to 1929
2867+a bed in a room or ward with an adult patient in a mental health 1930
2868+unit or share common areas with an adult patient in a mental 1931
2869+health unit. However, a person 14 years of age or older may be 1932
2870+admitted to a bed in a room or ward in the mental health unit 1933
2871+with an adult if the admitting physician or psychiatric nurse 1934
2872+documents in the case record that such placement is medically 1935
2873+indicated or for reasons of safety. S uch placement must shall be 1936
2874+reviewed by the attending physician or a designee or on -call 1937
2875+physician each day and documented in the case record. 1938
2876+ Section 25. Effective upon this act becoming a law, the 1939
2877+Agency for Health Care Administration shall seek fede ral 1940
2878+approval for coverage and reimbursement authority for mobile 1941
2879+crisis response services pursuant to 42 U.S.C. s. 1396w -6. The 1942
2880+Department of Children and Families must coordinate with the 1943
2881+Agency for Health Care Administration to educate contracted 1944
2882+providers of child, adolescent, and young adult mobile response 1945
2883+team services on the process to enroll as a Medicaid provider, 1946
2884+encourage and incentivize enrollment as a Medicaid provider, and 1947
2885+reduce barriers to maximizing federal reimbursement for 1948
2886+community-based mobile crisis response services. 1949
2887+ Section 26. Paragraph (a) of subsection (1) of section 1950
2888+
2889+CS/HB 1549 2024
2890+
2891+
2892+
2893+CODING: Words stricken are deletions; words underlined are additions.
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2896+FL 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
2897+
2898+
2899+
2900+394.875, Florida Statutes, is amended to read: 1951
2901+ 394.875 Crisis stabilization units, residential treatment 1952
2902+facilities, and residential treatment centers for childr en and 1953
2903+adolescents; authorized services; license required. — 1954
2904+ (1)(a) The purpose of a crisis stabilization unit is to 1955
2905+stabilize and redirect a client to the most appropriate and 1956
2906+least restrictive community setting available, consistent with 1957
2907+the client's needs. Crisis stabilization units may screen, 1958
2908+assess, and admit for stabilization persons who present 1959
2909+themselves to the unit and persons who are brought to the unit 1960
2910+under s. 394.463. Clients may be provided 24 -hour observation, 1961
2911+medication prescribed by a phy sician, or psychiatrist, or 1962
2912+psychiatric nurse performing within the framework of an 1963
2913+established protocol with a psychiatrist, and other appropriate 1964
2914+services. Crisis stabilization units shall provide services 1965
2915+regardless of the client's ability to pay and sh all be limited 1966
2916+in size to a maximum of 30 beds. 1967
2917+ Section 27. Paragraphs (i) and (j) are added to subsection 1968
2918+(1) of section 395.1055, Florida Statutes, to read: 1969
2919+ 395.1055 Rules and enforcement. — 1970
2920+ (1) The agency shall adopt rules pursuant to ss. 1971
2921+120.536(1) and 120.54 to implement the provisions of this part, 1972
2922+which shall include reasonable and fair minimum standards for 1973
2923+ensuring that: 1974
2924+ (i) A hospital does not accept any payment from a medical 1975
2925+
2926+CS/HB 1549 2024
2927+
2928+
2929+
2930+CODING: Words stricken are deletions; words underlined are additions.
2931+hb1549-01-c1
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2933+FL 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
2934+
2935+
2936+
2937+school in exchange for, or directly or indirectly related to, 1976
2938+allowing students from the medical school to obtain clinical 1977
2939+hours or instruction at that hospital. 1978
2940+ (j) Each hospital with an emergency department, including 1979
2941+a hospital-based off-campus emergency department, submits to the 1980
2942+agency for approval a plan for assisting a patient with gaining 1981
2943+access to appropriate care settings when the patient either 1982
2944+presents at the emergency department with nonemergent health 1983
2945+care needs or indicates, when receiving triage or treatment at 1984
2946+the hospital, that the patient lacks re gular access to primary 1985
2947+care, in order to divert such patient from presenting at the 1986
2948+emergency department for future nonemergent care. Effective July 1987
2949+1, 2025, such emergency department diversion plan must be 1988
2950+approved by the agency before the hospital may r eceive initial 1989
2951+licensure or licensure renewal occurring after that date. A 1990
2952+hospital with an approved emergency department diversion plan 1991
2953+must submit data to the agency demonstrating the effectiveness 1992
2954+of the hospital's plan on an annual basis and must updat e the 1993
2955+plan as necessary, or as directed by the agency, before each 1994
2956+licensure renewal. An emergency department diversion plan must 1995
2957+include at least one of the following: 1996
2958+ 1. A partnership agreement with one or more nearby 1997
2959+federally qualified health centers or other primary care 1998
2960+settings. The goals of such partnership agreement must include, 1999
2961+but need not be limited to, identifying patients who present at 2000
2962+
2963+CS/HB 1549 2024
2964+
2965+
2966+
2967+CODING: Words stricken are deletions; words underlined are additions.
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2970+FL 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
2971+
2972+
2973+
2974+the emergency department for nonemergent care, care that would 2001
2975+be best provided in a primary care setting , or emergency care 2002
2976+that could potentially have been avoided through the regular 2003
2977+provision of primary care; and establishing a relationship 2004
2978+between the patient and the federally qualified health center or 2005
2979+other primary care setting so that the patient deve lops a 2006
2980+medical home at such setting for nonemergent and preventative 2007
2981+health care services. 2008
2982+ 2. The establishment, construction, and operation of a 2009
2983+hospital-owned urgent care center adjacent to the hospital 2010
2984+emergency department location or an agreement wit h an urgent 2011
2985+care center within 3 miles of the emergency department if 2012
2986+located in an urban area as defined in s. 189.041(1)(b) and 2013
2987+within 10 miles of the emergency department if located in a 2014
2988+rural community as defined in s. 288.0656(2). Under the 2015
2989+hospital's emergency department diversion plan, and as 2016
2990+appropriate for the patients' needs, the hospital shall seek to 2017
2991+divert to the urgent care center those patients who present at 2018
2992+the emergency department needing nonemergent health care 2019
2993+services and subsequently a ssist the patient in obtaining 2020
2994+primary care. 2021
2995+ 2022
2996+For such patients who are enrolled in the Medicaid program and 2023
2997+are members of a Medicaid managed care plan, the hospital's 2024
2998+emergency department diversion plan must include outreach to the 2025
2999+
3000+CS/HB 1549 2024
3001+
3002+
3003+
3004+CODING: Words stricken are deletions; words underlined are additions.
3005+hb1549-01-c1
3006+Page 82 of 316
3007+FL 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
3008+
3009+
3010+
3011+patients' Medicaid managed care plan and coordination with the 2026
3012+managed care plan for establishing a relationship between the 2027
3013+patient and a primary care setting as appropriate for the 2028
3014+patient, which may include a federally qualified health center 2029
3015+or other primary care setting with which the hospital has a 2030
3016+partnership agreement. For such Medicaid enrollee, the agency 2031
3017+shall establish a process for hospitals to share updated contact 2032
3018+information for such patients, if in the hospital's possession, 2033
3019+with the patient's managed care pl an. 2034
3020+ Section 28. Paragraphs (b), (c), and (d) of subsection (1) 2035
3021+of section 395.301, Florida Statutes, are redesignated as 2036
3022+paragraphs (c), (d), and (e), respectively, subsection (6) is 2037
3023+renumbered as subsection (8), present paragraph (b) of 2038
3024+subsection (1) is amended, a new paragraph (b) is added to 2039
3025+subsection (1), and new subsections (6) and (7) are added to 2040
3026+that section, to read: 2041
3027+ 395.301 Price transparency; itemized patient statement or 2042
3028+bill; patient admission status notification. — 2043
3029+ (1) A facility lice nsed under this chapter shall provide 2044
3030+timely and accurate financial information and quality of service 2045
3031+measures to patients and prospective patients of the facility, 2046
3032+or to patients' survivors or legal guardians, as appropriate. 2047
3033+Such information shall be pr ovided in accordance with this 2048
3034+section and rules adopted by the agency pursuant to this chapter 2049
3035+and s. 408.05. Licensed facilities operating exclusively as 2050
3036+
3037+CS/HB 1549 2024
3038+
3039+
3040+
3041+CODING: Words stricken are deletions; words underlined are additions.
3042+hb1549-01-c1
3043+Page 83 of 316
3044+FL 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
3045+
3046+
3047+
3048+state facilities are exempt from this subsection. 2051
3049+ (b) Each licensed facility shall post on its web site a 2052
3050+consumer-friendly list of standard charges for at least 300 2053
3051+shoppable health care services. If a facility provides fewer 2054
3052+than 300 distinct shoppable health care services, it shall make 2055
3053+available on its website the standard charges for each service 2056
3054+it provides. As used in this paragraph, the term: 2057
3055+ 1. "Shoppable health care service" means a service that 2058
3056+can be scheduled by a healthcare consumer in advance. The term 2059
3057+includes, but is not limited to, the services described in s. 2060
3058+627.6387(2)(e) and any s ervices defined in regulations or 2061
3059+guidance issued by the United States Department of Health and 2062
3060+Human Services. 2063
3061+ 2. "Standard charge" has the same meaning as that term is 2064
3062+defined in regulations or guidance issued by the United States 2065
3063+Department of Health and Human Services for purposes of hospital 2066
3064+price transparency. 2067
3065+ (c)(b)1. Upon request, and Before providing any 2068
3066+nonemergency medical services, each licensed facility shall 2069
3067+provide in writing or by electronic means a good faith estimate 2070
3068+of reasonably anticipated charges by the facility for the 2071
3069+treatment of a the patient's or prospective patient's specific 2072
3070+condition. Such estimate must be provided to the patient or 2073
3071+prospective patient upon scheduling a medical service. The 2074
3072+facility must provide the estimate to the patient or prospective 2075
3073+
3074+CS/HB 1549 2024
3075+
3076+
3077+
3078+CODING: Words stricken are deletions; words underlined are additions.
3079+hb1549-01-c1
3080+Page 84 of 316
3081+FL 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
3082+
3083+
3084+
3085+patient within 7 business days after the receipt of the request 2076
3086+and is not required to adjust the estimate for any potential 2077
3087+insurance coverage. The facility must provide the estimate to 2078
3088+the patient's health insurer, as defin ed in s. 627.446(1), and 2079
3089+the patient at least 3 business days before a service is to be 2080
3090+provided, but no later than 1 business day after the service is 2081
3091+scheduled or, in the case of a service scheduled at least 10 2082
3092+business days in advance, no later than 3 b usiness days after 2083
3093+the service is scheduled. The estimate may be based on the 2084
3094+descriptive service bundles developed by the agency under s. 2085
3095+408.05(3)(c) unless the patient or prospective patient requests 2086
3096+a more personalized and specific estimate that accoun ts for the 2087
3097+specific condition and characteristics of the patient or 2088
3098+prospective patient. The facility shall inform the patient or 2089
3099+prospective patient that he or she may contact his or her health 2090
3100+insurer or health maintenance organization for additional 2091
3101+information concerning cost -sharing responsibilities. 2092
3102+ 2. In the estimate, the facility shall provide to the 2093
3103+patient or prospective patient information on the facility's 2094
3104+financial assistance policy, including the application process, 2095
3105+payment plans, and disco unts and the facility's charity care 2096
3106+policy and collection procedures. 2097
3107+ 3. The estimate shall clearly identify any facility fees 2098
3108+and, if applicable, include a statement notifying the patient or 2099
3109+prospective patient that a facility fee is included in the 2100
3110+
3111+CS/HB 1549 2024
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3113+
3114+
3115+CODING: Words stricken are deletions; words underlined are additions.
3116+hb1549-01-c1
3117+Page 85 of 316
3118+FL 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
3119+
3120+
3121+
3122+estimate, the purpose of the fee, and that the patient may pay 2101
3123+less for the procedure or service at another facility or in 2102
3124+another health care setting. 2103
3125+ 4. Upon request, The facility shall notify the patient or 2104
3126+prospective patient of any revision to the est imate. 2105
3127+ 5. In the estimate, the facility must notify the patient 2106
3128+or prospective patient that services may be provided in the 2107
3129+health care facility by the facility as well as by other health 2108
3130+care providers that may separately bill the patient, if 2109
3131+applicable. 2110
3132+ 6. The facility shall take action to educate the public 2111
3133+that such estimates are available upon request. 2112
3134+ 6.7. Failure to timely provide the estimate pursuant to 2113
3135+this paragraph shall result in a daily fine of $1,000 until the 2114
3136+estimate is provided to th e patient or prospective patient and 2115
3137+the health insurer. The total fine per patient estimate may not 2116
3138+exceed $10,000. 2117
3139+ 2118
3140+The provision of an estimate does not preclude the actual 2119
3141+charges from exceeding the estimate. 2120
3142+ (6) Each facility shall establish an inte rnal process for 2121
3143+reviewing and responding to grievances from patients. Such 2122
3144+process must allow patients to dispute charges that appear on 2123
3145+the patient's itemized statement or bill. The facility shall 2124
3146+prominently post on its website and indicate in bold prin t on 2125
3147+
3148+CS/HB 1549 2024
3149+
3150+
3151+
3152+CODING: Words stricken are deletions; words underlined are additions.
3153+hb1549-01-c1
3154+Page 86 of 316
3155+FL 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
3156+
3157+
3158+
3159+each itemized statement or bill the instructions for initiating 2126
3160+a grievance and the direct contact information required to 2127
3161+initiate the grievance process. The facility must provide an 2128
3162+initial response to a patient grievance within 7 business days 2129
3163+after the patient formally files a grievance disputing all or a 2130
3164+portion of an itemized statement or bill. 2131
3165+ (7) Each licensed facility shall disclose to a patient, 2132
3166+prospective patient, or a patient's legal guardian whether a 2133
3167+cost-sharing obligation for a parti cular covered health care 2134
3168+service or item exceeds the charge that applies to an individual 2135
3169+who pays cash or the cash equivalent, for the same health care 2136
3170+service or item in the absence of health insurance coverage. 2137
3171+Failure to provide a disclosure in compli ance with this 2138
3172+subsection may result in a fine not to exceed $500 per incident. 2139
3173+ Section 29. Section 395.3011, Florida Statutes, is created 2140
3174+to read: 2141
3175+ 395.3011 Billing and collection activities. — 2142
3176+ (1) As used in this section, the term "extraordinary 2143
3177+collection action" means any of the following actions taken by a 2144
3178+licensed facility against an individual in relation to obtaining 2145
3179+payment of a bill for care covered under the facility's 2146
3180+financial assistance policy: 2147
3181+ (a) Selling the individual's debt to anot her party. 2148
3182+ (b) Reporting adverse information about the individual to 2149
3183+consumer credit reporting agencies or credit bureaus. 2150
3184+
3185+CS/HB 1549 2024
3186+
3187+
3188+
3189+CODING: Words stricken are deletions; words underlined are additions.
3190+hb1549-01-c1
3191+Page 87 of 316
3192+FL 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
3193+
3194+
3195+
3196+ (c) Deferring, denying, or requiring a payment before 2151
3197+providing medically necessary care because of the individual's 2152
3198+nonpayment of one or more bills for previously provided care 2153
3199+covered under the facility's financial assistance policy. 2154
3200+ (d) Actions that require a legal or judicial process, 2155
3201+including, but not limited to: 2156
3202+ 1. Placing a lien on the individual's property; 2157
3203+ 2. Foreclosing on the individual's real property; 2158
3204+ 3. Attaching or seizing the individual's bank account or 2159
3205+any other personal property; 2160
3206+ 4. Commencing a civil action against the individual; 2161
3207+ 5. Causing the individual's arrest; or 2162
3208+ 6. Garnishing the indiv idual's wages. 2163
3209+ (2) A facility may not engage in an extraordinary 2164
3210+collection action against an individual to obtain payment for 2165
3211+services: 2166
3212+ (a) Before the facility has made reasonable efforts to 2167
3213+determine whether the individual is eligible for assistance 2168
3214+under its financial assistance policy for the care provided and, 2169
3215+if eligible, before a decision is made by the facility on the 2170
3216+patient's application for such financial assistance. 2171
3217+ (b) Before the facility has provided the individual with 2172
3218+an itemized statement or bill. 2173
3219+ (c) During an ongoing grievance process as described in s. 2174
3220+395.301(6) or an ongoing appeal of a claim adjudication. 2175
3221+
3222+CS/HB 1549 2024
3223+
3224+
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3229+FL 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
3230+
3231+
3232+
3233+ (d) Before billing any applicable insurer and allowing the 2176
3234+insurer to adjudicate a claim. 2177
3235+ (e) For 30 days after notifyin g the patient in writing, by 2178
3236+certified mail, or by other traceable delivery method, that a 2179
3237+collection action will commence absent additional action by the 2180
3238+patient. 2181
3239+ (f) While the individual: 2182
3240+ 1. Negotiates in good faith the final amount of a bill for 2183
3241+services rendered; or 2184
3242+ 2. Complies with all terms of a payment plan with the 2185
3243+facility. 2186
3244+ Section 30. Subsections (5) and (6) of section 408.051, 2187
3245+Florida Statutes, are renumbered as subsections (6) and (7), 2188
3246+respectively, and a new subsection (5) is added to t hat section, 2189
3247+to read: 2190
3248+ 408.051 Florida Electronic Health Records Exchange Act. — 2191
3249+ (5) HOSPITAL DATA.—A hospital as defined in s. 395.002(12) 2192
3250+which maintains certified electronic health record technology 2193
3251+must make available admission, transfer, and dischar ge data to 2194
3252+the agency's Florida Health Information Exchange program for the 2195
3253+purpose of supporting public health data registries and patient 2196
3254+care coordination. The agency may adopt rules to implement this 2197
3255+subsection. 2198
3256+ Section 31. Subsection (8) of section 409.909, Florida 2199
3257+Statutes, is renumbered as subsection (10), paragraph (a) of 2200
3258+
3259+CS/HB 1549 2024
3260+
3261+
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3266+FL 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
3267+
3268+
3269+
3270+subsection (6) is amended, and new subsections (8) and (9) are 2201
3271+added to that section, to read: 2202
3272+ 409.909 Statewide Medicaid Residency Progr am.— 2203
3273+ (6) The Slots for Doctors Program is established to 2204
3274+address the physician workforce shortage by increasing the 2205
3275+supply of highly trained physicians through the creation of new 2206
3276+resident positions, which will increase access to care and 2207
3277+improve health outcomes for Medicaid recipients. 2208
3278+ (a)1. Notwithstanding subsection (4), the agency shall 2209
3279+annually allocate $100,000 to hospitals and qualifying 2210
3280+institutions for each newly created resident position that is 2211
3281+first filled on or after June 1, 2023, and fille d thereafter, 2212
3282+and that is accredited by the Accreditation Council for Graduate 2213
3283+Medical Education or the Osteopathic Postdoctoral Training 2214
3284+Institution in an initial or established accredited training 2215
3285+program which is in a physician specialty or subspecialty in a 2216
3286+statewide supply-and-demand deficit. 2217
3287+ 2. Notwithstanding the requirement that a new resident 2218
3288+position be created to receive funding under this subsection, 2219
3289+the agency may allocate $100,000 to hospitals and qualifying 2220
3290+institutions, pursuant to subpara graph 1., for up to 200 2221
3291+resident positions that existed before July 1, 2023, if such 2222
3292+resident position: 2223
3293+ a. Is in a physician specialty or subspecialty 2224
3294+experiencing a statewide supply -and-demand deficit. 2225
3295+
3296+CS/HB 1549 2024
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3298+
3299+
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3303+FL 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
3304+
3305+
3306+
3307+ b. Has been unfilled for a period of 3 or more ye ars. 2226
3308+ c. Is subsequently filled on or after June 1, 2024, and 2227
3309+remains filled thereafter. 2228
3310+ d. Is accredited by the Accreditation Council for Graduate 2229
3311+Medical Education or the Osteopathic Postdoctoral Training 2230
3312+Institution in an initial or established accre dited training 2231
3313+program. 2232
3314+ 3. If applications for resident positions under this 2233
3315+paragraph exceed the number of authorized resident positions or 2234
3316+the available funding allocated, the agency shall prioritize 2235
3317+applications for resident positions that are in a pr imary care 2236
3318+specialty as specified in paragraph (2)(a). 2237
3319+ (8) A hospital or qualifying institution that receives 2238
3320+state funds, including, but not limited to, intergovernmental 2239
3321+transfers, for a graduate medical education program under any of 2240
3322+the programs established under this chapter or under the General 2241
3323+Appropriations Act, must annually report data to the agency in a 2242
3324+format established by the agency. To facilitate ongoing analysis 2243
3325+of the performance of the state's graduate medical education 2244
3326+system, the agency shall consult with the Office of Program 2245
3327+Policy Analysis and Government Accountability regarding the 2246
3328+content of the data reported, the manner of reporting, and 2247
3329+compilation of the data by the agency. 2248
3330+ (a) Hospitals and qualifying institutions must re port, at 2249
3331+a minimum, the following: 2250
3332+
3333+CS/HB 1549 2024
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3335+
3336+
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3339+Page 91 of 316
3340+FL 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
3341+
3342+
3343+
3344+ 1. For each program, the sponsoring institution, the 2251
3345+program level, specialty and subspecialty as applicable, the 2252
3346+number of approved and filled positions, and the location. As 2253
3347+used in this section, the term "sponsoring institution" means an 2254
3348+organization that oversees, supports, and administers one or 2255
3349+more resident positions. 2256
3350+ 2. For each position, the year the position was created, 2257
3351+whether the position is currently filled and whether there has 2258
3352+been any period of time wh en the position was not filled, each 2259
3353+state and federal funding source used to create or maintain the 2260
3354+position, and the general purpose for which the funds were used. 2261
3355+ 3. For each filled position, the current program year of 2262
3356+the resident who is filling the position, the specialty or 2263
3357+subspecialty for which the position is accredited, and whether 2264
3358+the position is a fellowship position. 2265
3359+ 4. For each sponsoring institution, the number of 2266
3360+programs, number of approved and filled positions, and 2267
3361+sponsoring institution location. 2268
3362+ (b) Specific to funds allocated pursuant to subsection (5) 2269
3363+on or after July 1, 2021, the data must include, but is not 2270
3364+limited to, all of the following: 2271
3365+ 1. The date on which the hospital or qualifying 2272
3366+institution applied for funds under t he program. 2273
3367+ 2. The date on which the position funded by the program 2274
3368+became accredited. 2275
3369+
3370+CS/HB 1549 2024
3371+
3372+
3373+
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3377+FL 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
3378+
3379+
3380+
3381+ 3. The date on which the position was first filled and 2276
3382+whether it has remained filled. 2277
3383+ 4. The specialty of the position created. 2278
3384+ (c) Beginning on July 1, 2025, e ach hospital or qualifying 2279
3385+institution shall annually produce detailed financial records no 2280
3386+later than 30 days after the end of its fiscal year, detailing 2281
3387+the manner in which state funds allocated under this section 2282
3388+were expended. This requirement does not apply to funds 2283
3389+allocated before July 1, 2025. The agency may also require that 2284
3390+any hospital or qualifying institution submit to an audit of its 2285
3391+financial records related to funds allocated under this section 2286
3392+after July 1, 2025. 2287
3393+ (d) If a hospital or qual ifying institution fails to 2288
3394+produce records as required by this section, such hospital or 2289
3395+qualifying institution is no longer eligible to participate in 2290
3396+any program established under this section until the hospital or 2291
3397+qualifying institution has met the age ncy's requirements for 2292
3398+producing the required records. 2293
3399+ (e) Upon completion of a residency, each hospital or 2294
3400+qualifying institution must request that the resident fill out 2295
3401+an exit survey on a form developed by the agency. The completed 2296
3402+exit surveys must be provided to the agency annually. The exit 2297
3403+survey must include, but need not be limited to, questions on 2298
3404+all of the following: 2299
3405+ 1. Whether the exiting resident has procured employment. 2300
3406+
3407+CS/HB 1549 2024
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3409+
3410+
3411+CODING: Words stricken are deletions; words underlined are additions.
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3414+FL 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
3415+
3416+
3417+
3418+ 2. Whether the exiting resident plans to leave the state 2301
3419+and, if so, for which reasons. 2302
3420+ 3. Where and in which specialty the exiting resident 2303
3421+intends to practice. 2304
3422+ 4. Whether the exiting resident envisions himself or 2305
3423+herself working in the medical field as a long -term career. 2306
3424+ (9) The Graduate Medical Education Committ ee is created 2307
3425+within the agency. 2308
3426+ (a) The committee shall be composed of the following 2309
3427+members: 2310
3428+ 1. Three deans, or the deans' designees, from medical 2311
3429+schools in the state, appointed by the chair of the Council of 2312
3430+Florida Medical School Deans. 2313
3431+ 2. Four members appointed by the Governor, one of whom is 2314
3432+a representative of the Florida Medical Association or the 2315
3433+Florida Osteopathic Medical Association who has supervised or is 2316
3434+currently supervising residents, one of whom is a member of the 2317
3435+Florida Hospital Association, one of whom is a member of the 2318
3436+Safety Net Hospital Alliance, and one of whom is a physician 2319
3437+licensed under chapter 458 or chapter 459 practicing at a 2320
3438+qualifying institution. 2321
3439+ 3. Two members appointed by the Secretary of Health Care 2322
3440+Administration, one of whom represents a statutory teaching 2323
3441+hospital as defined in s. 408.07(46) and one of whom is a 2324
3442+physician who has supervised or is currently supervising 2325
3443+
3444+CS/HB 1549 2024
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3446+
3447+
3448+CODING: Words stricken are deletions; words underlined are additions.
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3451+FL 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
3452+
3453+
3454+
3455+residents. 2326
3456+ 4. Two members appointed by the State Surgeon General, one 2327
3457+of whom must represe nt a teaching hospital as defined in s. 2328
3458+408.07 and one of whom is a physician who has supervised or is 2329
3459+currently supervising residents or interns. 2330
3460+ 5. Two members, one appointed by the President of the 2331
3461+Senate and one appointed by the Speaker of the House of the 2332
3462+Representatives. 2333
3463+ (b)1. The members of the committee appointed under 2334
3464+subparagraph (a)1. shall serve 4 -year terms. When such members' 2335
3465+terms expire, the chair of the Council of Florida Medical School 2336
3466+Deans shall appoint new members as detailed in par agraph (a)1. 2337
3467+from different medical schools on a rotating basis and may not 2338
3468+reappoint a dean from a medical school that has been represented 2339
3469+on the committee until all medical schools in the state have had 2340
3470+an opportunity to be represented on the committee. 2341
3471+ 2. The members of the committee appointed under 2342
3472+subparagraphs (a)2., 3., and 4. shall serve 4 -year terms, with 2343
3473+the initial term being 3 years for members appointed under 2344
3474+subparagraph (a)4. and 2 years for members appointed under 2345
3475+subparagraph (a)3. The c ommittee shall elect a chair to serve 2346
3476+for a 1-year term. 2347
3477+ (c) Members shall serve without compensation but are 2348
3478+entitled to reimbursement for per diem and travel expenses 2349
3479+pursuant to s. 112.061. 2350
3480+
3481+CS/HB 1549 2024
3482+
3483+
3484+
3485+CODING: Words stricken are deletions; words underlined are additions.
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3488+FL 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
3489+
3490+
3491+
3492+ (d) The committee shall convene its first meeting by July 2351
3493+1, 2024, and shall meet as often as necessary to conduct its 2352
3494+business, but at least twice annually, at the call of the chair. 2353
3495+The committee may conduct its meetings though teleconference or 2354
3496+other electronic means. A majority of the members of the 2355
3497+committee constitutes a quorum, and a meeting may not be held 2356
3498+with less than a quorum present. The affirmative vote of a 2357
3499+majority of the members of the committee present is necessary 2358
3500+for any official action by the committee. 2359
3501+ (e) Beginning on July 1, 2025, the committee shall submit 2360
3502+to the Governor, the President of the Senate, and the Speaker of 2361
3503+the House of Representatives an annual report that must, at a 2362
3504+minimum, detail all of the following: 2363
3505+ 1. The role of residents and medical faculty in the 2364
3506+provision of health care. 2365
3507+ 2. The relationship of graduate medical education to the 2366
3508+state's physician workforce. 2367
3509+ 3. The typical workload for residents and the role such 2368
3510+workload plays in retaining physicians in the long -term 2369
3511+workforce. 2370
3512+ 4. The costs of training medi cal residents for hospitals 2371
3513+and qualifying institutions. 2372
3514+ 5. The availability and adequacy of all sources of revenue 2373
3515+available to support graduate medical education. 2374
3516+ 6. The use of state funds, including, but not limited to, 2375
3517+
3518+CS/HB 1549 2024
3519+
3520+
3521+
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3525+FL 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
3526+
3527+
3528+
3529+intergovernmental transfers, for graduate medical education for 2376
3530+each hospital or qualifying institution receiving such funds. 2377
3531+ (f) The agency shall provide reasonable and necessary 2378
3532+support staff and materials to assist the committee in the 2379
3533+performance of its duties. The agency shall also provide the 2380
3534+information obtained pursuant to subsection (8) to the committee 2381
3535+and assist the committee, as requested, in obtaining any other 2382
3536+information deemed necessary by the committee to produce its 2383
3537+report. 2384
3538+ Section 32. Section 409.91256, Florida Statutes, is 2385
3539+created to read: 2386
3540+ 409.91256 Training, Education, and Clinicals in Health 2387
3541+(TEACH) Funding Program. — 2388
3542+ (1) PURPOSE AND INTENT. —The Training, Education, and 2389
3543+Clinicals in Health (TEACH) Funding Program is created to 2390
3544+provide a high-quality educational experience while supporting 2391
3545+participating qualified health centers, community mental health 2392
3546+centers, rural health clinics, and certified community 2393
3547+behavioral health clinics by offsetting administrative costs and 2394
3548+loss of revenue associated with training residents and students 2395
3549+to become licensed health care practitioners. Further, it is the 2396
3550+intent of the Legislature to use the program to support the 2397
3551+state Medicaid program and underserved populations by expanding 2398
3552+the available health care workforce . 2399
3553+ (2) DEFINITIONS.—As used in this section, the term: 2400
3554+
3555+CS/HB 1549 2024
3556+
3557+
3558+
3559+CODING: Words stricken are deletions; words underlined are additions.
3560+hb1549-01-c1
3561+Page 97 of 316
3562+FL 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
3563+
3564+
3565+
3566+ (a) "Agency" means the Agency for Health Care 2401
3567+Administration. 2402
3568+ (b) "Preceptor" means a Florida -licensed health care 2403
3569+practitioner who directs, teaches, supervises, and evaluates the 2404
3570+learning experience of a resident or student during a clinical 2405
3571+rotation. 2406
3572+ (c) "Primary care specialty" means general internal 2407
3573+medicine, family medicine, obstetrics and gynecology, 2408
3574+pediatrics, psychiatry, geriatric medicine, or any other 2409
3575+specialty the agency identifies as primary care. 2410
3576+ (d) "Qualified facility" means a federally qualified 2411
3577+health center, a community mental health center, rural health 2412
3578+clinic, or a certified community behavioral health clinic. 2413
3579+ (3) APPLICATION FOR REIMBURSEMENT; AGREEMENTS; 2414
3580+PARTICIPATION REQUIREMENTS.—The agency shall develop an 2415
3581+application process for qualified facilities to apply for funds 2416
3582+to offset the administrative costs and loss of revenue 2417
3583+associated with establishing, maintaining, or expanding a 2418
3584+clinical training program. Upon approvi ng an application, the 2419
3585+agency shall enter into an agreement with the qualified facility 2420
3586+which, at minimum, must require each qualified facility to do 2421
3587+all of the following: 2422
3588+ (a) Agree to provide appropriate supervision or precepting 2423
3589+for one or more of the following categories of residents or 2424
3590+students: 2425
3591+
3592+CS/HB 1549 2024
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3594+
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3599+FL 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
3600+
3601+
3602+
3603+ 1. Allopathic or osteopathic residents pursuing a primary 2426
3604+care specialty. 2427
3605+ 2. Advanced practice registered nursing students pursuing 2428
3606+a primary care specialty. 2429
3607+ 3. Nursing students. 2430
3608+ 4. Allopathic or osteo pathic medical students. 2431
3609+ 5. Dental students. 2432
3610+ 6. Physician assistant students. 2433
3611+ 7. Behavioral health students, including students studying 2434
3612+psychology, clinical social work, marriage and family therapy, 2435
3613+or mental health counseling. 2436
3614+ (b) Meet and mainta in all requirements to operate an 2437
3615+accredited residency program if the qualified facility operates 2438
3616+a residency program. 2439
3617+ (c) Obtain and maintain accreditation from an 2440
3618+accreditation body approved by the agency if the qualified 2441
3619+facility provides clinical rot ations. 2442
3620+ (d) Ensure that clinical preceptors meet agency standards 2443
3621+for precepting students, including the completion of any 2444
3622+training required by the agency. 2445
3623+ (e) Submit to the agency quarterly reports by the first 2446
3624+day of the second month following the en d of a quarter to obtain 2447
3625+reimbursement. At a minimum, the report must include all of the 2448
3626+following: 2449
3627+ 1. The type of residency or clinical rotation offered by 2450
3628+
3629+CS/HB 1549 2024
3630+
3631+
3632+
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3636+FL 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
3637+
3638+
3639+
3640+the qualified facility, the number of residents or students 2451
3641+participating in each type of clinical rotation or residency, 2452
3642+and the number of hours worked by each resident or student each 2453
3643+month. 2454
3644+ 2. Evaluations by the residents and student participants 2455
3645+of the clinical experience on an evaluation form developed by 2456
3646+the agency. 2457
3647+ 3. An itemized list of administrative costs associated 2458
3648+with the operation of the clinical training program, including 2459
3649+accreditation costs and other costs relating to the creation, 2460
3650+implementation, and maintenance of the program. 2461
3651+ 4. A calculation of lost revenue associated with operating 2462
3652+the clinical training program. 2463
3653+ (4) TRAINING.—The agency, in consultation with the 2464
3654+Department of Health, shall develop, or contract for the 2465
3655+development of, training for preceptors and make such training 2466
3656+available in either a live or electro nic format. The agency 2467
3657+shall also provide technical support for preceptors. 2468
3658+ (5) REIMBURSEMENT.—A qualified facility may be reimbursed 2469
3659+under this section only to offset the administrative costs or 2470
3660+lost revenue associated with training students, allopathic 2471
3661+residents, or osteopathic residents who are enrolled in an 2472
3662+accredited educational or residency program based in the state. 2473
3663+ (a) Subject to an appropriation, the agency may reimburse 2474
3664+a qualified facility based on the number of clinical training 2475
3665+
3666+CS/HB 1549 2024
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3668+
3669+
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3673+FL 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
3674+
3675+
3676+
3677+hours reported under subparagraph (3)(e)1. The allowed 2476
3678+reimbursement per student is as follows: 2477
3679+ 1. A medical resident at a rate of $50 per hour. 2478
3680+ 2. A first-year medical student at a rate of $27 per hour. 2479
3681+ 3. A second-year medical student at a rate of $27 per 2480
3682+hour. 2481
3683+ 4. A third-year medical student at a rate of $29 per hour. 2482
3684+ 5. A fourth-year medical student at a rate of $29 per 2483
3685+hour. 2484
3686+ 6. A dental student at a rate of $22 per hour. 2485
3687+ 7. An advanced practice registered nursing student at a 2486
3688+rate of $22 per hour. 2487
3689+ 8. A physician assistant student at a rate of $22 per 2488
3690+hour. 2489
3691+ 9. A behavioral health student at a rate of $15 per hour. 2490
3692+ (b) A qualified facility may not be reimbursed more than 2491
3693+$75,000 per fiscal year; however, if it operates a residency 2492
3694+program, it may be reimbursed up to $100,000 each fiscal year. 2493
3695+ (6) DATA.—A qualified facility that receives payment under 2494
3696+the program shall furnish information requested by the agency 2495
3697+for the purpose of the agency's duties under subsections (7) and 2496
3698+(8). 2497
3699+ (7) REPORTS.—By December 1, 2025, and each December 1 2498
3700+thereafter, the agency shall submit to the Governor, the 2499
3701+President of the Senate, and the Speaker of the House of 2500
3702+
3703+CS/HB 1549 2024
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3705+
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3710+FL 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
3711+
3712+
3713+
3714+Representatives a report detailing the effects of the program 2501
3715+for the prior fiscal year, including, but not limited to, all of 2502
3716+the following: 2503
3717+ (a) The number of students trained in the program, by 2504
3718+school, area of study, and clinical hours earned. 2505
3719+ (b) The number of students trained and the amount of 2506
3720+program funds received by each participating qualifie d facility. 2507
3721+ (c) The number of program participants found to be 2508
3722+employed by a qualified facility or in a federally designated 2509
3723+health professional shortage area upon completion of such 2510
3724+participants' education and training. 2511
3725+ (d) Any other data the agency d eems useful for determining 2512
3726+the effectiveness of the program. 2513
3727+ (8) EVALUATION.—The agency shall contract with an 2514
3728+independent third party to develop and conduct a design study to 2515
3729+evaluate the impact of the TEACH funding program, including, but 2516
3730+not limited to, the program's effectiveness in both of the 2517
3731+following areas: 2518
3732+ (a) Enabling qualified facilities to provide clinical 2519
3733+rotations and residency opportunities to students and medical 2520
3734+school graduates, as applicable. 2521
3735+ (b) Enabling the recruitment and retent ion of health care 2522
3736+professionals in geographic and practice areas experiencing 2523
3737+shortages. 2524
3738+ 2525
3739+
3740+CS/HB 1549 2024
3741+
3742+
3743+
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3747+FL 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
3748+
3749+
3750+
3751+The agency shall begin collecting data for the study by January 2526
3752+1, 2025, and shall submit the results of the study to the 2527
3753+Governor, the President of the Senate, and the Speaker of the 2528
3754+House of Representatives by January 1, 2030. 2529
3755+ (9) RULES.—The agency may adopt rules to implement this 2530
3756+section. 2531
3757+ (10) FEDERAL FUNDING. —The agency shall seek federal 2532
3758+approval to use Title XIX matching funds for the program. 2533
3759+ (11) REPEAL.—This section is repealed on July 1, 2034. 2534
3760+ Section 33. Paragraph (e) of subsection (2) of section 2535
3761+409.967, Florida Statutes, is amended to read: 2536
3762+ 409.967 Managed care plan accountability. — 2537
3763+ (2) The agency shall establish such contract requirem ents 2538
3764+as are necessary for the operation of the statewide managed care 2539
3765+program. In addition to any other provisions the agency may deem 2540
3766+necessary, the contract must require: 2541
3767+ (e) Encounter data.—The agency shall maintain and operate 2542
3768+a Medicaid Encounter Da ta System to collect, process, store, and 2543
3769+report on covered services provided to all Medicaid recipients 2544
3770+enrolled in prepaid plans. 2545
3771+ 1. Each prepaid plan must comply with the agency's 2546
3772+reporting requirements for the Medicaid Encounter Data System. 2547
3773+Prepaid plans must submit encounter data electronically in a 2548
3774+format that complies with the Health Insurance Portability and 2549
3775+Accountability Act provisions for electronic claims and in 2550
3776+
3777+CS/HB 1549 2024
3778+
3779+
3780+
3781+CODING: Words stricken are deletions; words underlined are additions.
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3784+FL 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
3785+
3786+
3787+
3788+accordance with deadlines established by the agency. Prepaid 2551
3789+plans must certify t hat the data reported is accurate and 2552
3790+complete. 2553
3791+ 2. The agency is responsible for validating the data 2554
3792+submitted by the plans. The agency shall develop methods and 2555
3793+protocols for ongoing analysis of the encounter data that 2556
3794+adjusts for differences in charact eristics of prepaid plan 2557
3795+enrollees to allow comparison of service utilization among plans 2558
3796+and against expected levels of use. The analysis shall be used 2559
3797+to identify possible cases of systemic underutilization or 2560
3798+denials of claims and inappropriate service utilization such as 2561
3799+higher-than-expected emergency department encounters. The 2562
3800+analysis shall provide periodic feedback to the plans and enable 2563
3801+the agency to establish corrective action plans when necessary. 2564
3802+One of the focus areas for the analysis shall be the use of 2565
3803+prescription drugs. 2566
3804+ 3. The agency shall make encounter data available to those 2567
3805+plans accepting enrollees who are assigned to them from other 2568
3806+plans leaving a region. 2569
3807+ 4. The agency shall annually produce a report entitled 2570
3808+"Analysis of Potentia lly Preventable Health Care Events of 2571
3809+Florida Medicaid Enrollees." The report must include, but need 2572
3810+not be limited to, an analysis of the potentially preventable 2573
3811+hospital emergency department visits, hospital admissions, and 2574
3812+hospital readmissions that occ urred during the previous state 2575
3813+
3814+CS/HB 1549 2024
3815+
3816+
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3821+FL 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
3822+
3823+
3824+
3825+fiscal year which may have been prevented with better access to 2576
3826+primary care, improved medication management, or better 2577
3827+coordination of care, reported by age, eligibility group, 2578
3828+managed care plan, and region, including condi tions contributing 2579
3829+to each potentially preventable event or category of potentially 2580
3830+preventable events. The agency may include any other data or 2581
3831+analysis parameters to augment the report that it deems 2582
3832+pertinent to the analysis. The report must demonstrate trends 2583
3833+using applicable historical data. The agency shall submit the 2584
3834+report to the Governor, the President of the Senate, and the 2585
3835+Speaker of the House of Representatives by October 1, 2024, and 2586
3836+each October 1 thereafter. The agency may contract with a thir d-2587
3837+party vendor to produce the report required under this 2588
3838+subparagraph. 2589
3839+ Section 34. Subsection (4) of section 409.973, Florida 2590
3840+Statutes, is amended to read: 2591
3841+ 409.973 Benefits.— 2592
3842+ (4) PRIMARY CARE INITIATIVE. —Each plan operating in the 2593
3843+managed medical assistance program shall establish a program to 2594
3844+encourage enrollees to establish a relationship with their 2595
3845+primary care provider. Each plan shall: 2596
3846+ (a) Provide information to each enrollee on the importance 2597
3847+of and procedure for selecting a primary care pro vider, and 2598
3848+thereafter automatically assign to a primary care provider any 2599
3849+enrollee who fails to choose a primary care provider. 2600
3850+
3851+CS/HB 1549 2024
3852+
3853+
3854+
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3858+FL 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
3859+
3860+
3861+
3862+ (b) If the enrollee was not a Medicaid recipient before 2601
3863+enrollment in the plan, assist the enrollee in scheduling an 2602
3864+appointment with the primary care provider. If possible , the 2603
3865+appointment should be made within 30 days after enrollment in 2604
3866+the plan. If an appointment is not made within such 30 -day 2605
3867+period, the plan must continue assisting the enrollee to 2606
3868+schedule an initial appoin tment. 2607
3869+ (c) Report to the agency the number of enrollees assigned 2608
3870+to each primary care provider within the plan's network. 2609
3871+ (d) Report to the agency the number of enrollees who have 2610
3872+not had an appointment with their primary care provider within 2611
3873+their first year of enrollment. 2612
3874+ (e) Report to the agency the number of emergency room 2613
3875+visits by enrollees who have not had at least one appointment 2614
3876+with their primary care provider. 2615
3877+ (f) Coordinate with a hospital that contacts the plan 2616
3878+under the requirements of s. 395.1055(1)(j) for the purpose of 2617
3879+establishing the appropriate delivery of primary care services 2618
3880+for the plan's members who present at the hospital's emergency 2619
3881+department for nonemergent care or emergency care that could 2620
3882+potentially have been avoided t hrough the regular provision of 2621
3883+primary care. The plan shall coordinate with such member and the 2622
3884+member's primary care provider for such purpose. 2623
3885+ Section 35. The Agency for Health Care Administration 2624
3886+shall seek federal approval necessary to implement a n acute 2625
3887+
3888+CS/HB 1549 2024
3889+
3890+
3891+
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3895+FL 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
3896+
3897+
3898+
3899+hospital care at home program in the state Medicaid program 2626
3900+which is substantially consistent with the parameters specified 2627
3901+in 42 U.S.C. s. 1395cc –7(a)(2)-(3). 2628
3902+ Section 36. Section 456.0145, Florida Statutes, is created 2629
3903+to read: 2630
3904+ 456.0145 Mobile Opportunity by Interstate Licensure 2631
3905+Endorsement (MOBILE) Act. — 2632
3906+ (1) SHORT TITLE.—This section may be cited as the "Mobile 2633
3907+Opportunity by Interstate Licensure Endorsement Act" or the 2634
3908+"MOBILE Act." 2635
3909+ (2) LICENSURE BY ENDORSEMENT. — 2636
3910+ (a) An applicable boar d, or the department if there is no 2637
3911+board, shall issue a license to practice in this state to an 2638
3912+applicant who: 2639
3913+ 1. Submits a complete application. 2640
3914+ 2. Holds an active, unencumbered license issued by another 2641
3915+state, the District of Columbia, or a possessi on or territory of 2642
3916+the United States in a profession with a similar scope of 2643
3917+practice, as determined by the board or department, as 2644
3918+applicable. "Scope of practice" means the full spectrum of 2645
3919+functions, procedures, actions, and services that a health care 2646
3920+practitioner is deemed competent and authorized to perform under 2647
3921+a license issued in this state. 2648
3922+ 3. Has obtained a passing score on a national licensure 2649
3923+examination, or national certification, as applicable, for which 2650
3924+
3925+CS/HB 1549 2024
3926+
3927+
3928+
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3930+hb1549-01-c1
3931+Page 107 of 316
3932+FL 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
3933+
3934+
3935+
3936+profession the applicant is seeking l icensure in this state, or 2651
3937+meets the requirements of paragraph (b). 2652
3938+ 4. Has actively practiced the profession for which the 2653
3939+applicant is applying for at least 2 of the 4 years preceding 2654
3940+the date of submission of the application. 2655
3941+ 5. Attests that he or she is not, at the time of 2656
3942+submission of the application, the subject of a disciplinary 2657
3943+proceeding in a jurisdiction in which he or she holds a license 2658
3944+or by the United States Department of Defense for reasons 2659
3945+related to the practice of the profession for which he or she is 2660
3946+applying. 2661
3947+ 6. Has not had disciplinary action taken against him or 2662
3948+her in the 5 years preceding the date of submission of the 2663
3949+application 2664
3950+ 7. Meets the financial responsibility requirements of s. 2665
3951+456.048 or the applicable practice act, if required for the 2666
3952+profession for which the applicant is seeking licensure. 2667
3953+ 8. Submits a set of fingerprints for a background 2668
3954+screening pursuant to s. 456.0135, if required for the 2669
3955+profession for which he or she is applying. 2670
3956+ 2671
3957+The department shall verif y information submitted by the 2672
3958+applicant under this subsection using the National Practitioner 2673
3959+Data Bank. 2674
3960+ (b) An applicant for a profession that does not require a 2675
3961+
3962+CS/HB 1549 2024
3963+
3964+
3965+
3966+CODING: Words stricken are deletions; words underlined are additions.
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3968+Page 108 of 316
3969+FL 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
3970+
3971+
3972+
3973+national examination or national certification is eligible for 2676
3974+licensure if an applicable board or the department determines 2677
3975+that the jurisdiction in which the applicant currently holds an 2678
3976+active, unencumbered license meets established minimum education 2679
3977+requirements and, if applicable, examination, work experience, 2680
3978+and clinical supervision req uirements that are substantially 2681
3979+similar to the requirements for licensure in that profession in 2682
3980+this state. 2683
3981+ (c) An applicant is ineligible for a license pursuant to 2684
3982+this section if he or she: 2685
3983+ 1. Has a complaint, allegation, or investigation pending 2686
3984+before a licensing entity in another state, the District of 2687
3985+Columbia, or a possession or territory of the United States; 2688
3986+ 2. Has been convicted of or pled nolo contendere to, 2689
3987+regardless of adjudication, any felony or misdemeanor related to 2690
3988+the practice of a health care profession; 2691
3989+ 3. Has had a health care provider license revoked or 2692
3990+suspended in another state of the United States, the District of 2693
3991+Columbia, or a United States territory or has voluntarily 2694
3992+surrendered any such license; or 2695
3993+ 4. Has been reported to the National Practitioner Data 2696
3994+Bank, unless the applicant has successfully appealed to have his 2697
3995+or her name removed from the data bank. 2698
3996+ (d) The board, or the department if there is no board, may 2699
3997+revoke a license upon finding that the applicant prov ided false 2700
3998+
3999+CS/HB 1549 2024
4000+
4001+
4002+
4003+CODING: Words stricken are deletions; words underlined are additions.
4004+hb1549-01-c1
4005+Page 109 of 316
4006+FL 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
4007+
4008+
4009+
4010+or misleading material information or intentionally omitted 2701
4011+material information in an application for licensure. 2702
4012+ (e) The board, or the department if there is no board, 2703
4013+shall issue a license within 7 days after receipt of all 2704
4014+required documentation for an application. 2705
4015+ (f) The board, or the department if there is no board, 2706
4016+shall comply with the requirements of s. 456.025. 2707
4017+ (3) STATE EXAMINATION. —The board, or the department if 2708
4018+there is no board, may require the applicant to successfully 2709
4019+complete a jurisprudential examination specific to relevant 2710
4020+state laws that regulate the profession, if this chapter or the 2711
4021+applicable practice act requires such examination. 2712
4022+ (4) ANNUAL REPORT.—By December 31 of each year, the 2713
4023+department shall submit to the G overnor, the President of the 2714
4024+Senate, and the Speaker of the House of Representatives a report 2715
4025+that provides all of the following information for the previous 2716
4026+fiscal year: 2717
4027+ (a) The number of applications for licensure or 2718
4028+certification received under this section, distinguished by 2719
4029+profession. 2720
4030+ (b) The number of licenses or certifications issued under 2721
4031+this section. 2722
4032+ (c) The number of applications submitted under this 2723
4033+section which were denied and the reason for such denials. 2724
4034+ (d) The number of complaints, investigations, or other 2725
4035+
4036+CS/HB 1549 2024
4037+
4038+
4039+
4040+CODING: Words stricken are deletions; words underlined are additions.
4041+hb1549-01-c1
4042+Page 110 of 316
4043+FL 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
4044+
4045+
4046+
4047+disciplinary actions taken against health care practitioners who 2726
4048+are licensed or certified under this section. 2727
4049+ (5) RULES.—By December 1, 2024, each applicable board, or 2728
4050+the department if there is no board, shall adopt rules to 2729
4051+implement this section. 2730
4052+ Section 37. Subsection (10) of section 456.073, Florida 2731
4053+Statutes, is amended to read: 2732
4054+ 456.073 Disciplinary proceedings. —Disciplinary proceedings 2733
4055+for each board shall be within the jurisdiction of the 2734
4056+department. 2735
4057+ (10)(a) The complaint and all information obtained 2736
4058+pursuant to the investigation by the department are confidential 2737
4059+and exempt from s. 119.07(1) until 10 days after probable cause 2738
4060+has been found to exist by the probable cause panel or by the 2739
4061+department, or until the re gulated professional or subject of 2740
4062+the investigation waives his or her privilege of 2741
4063+confidentiality, whichever occurs first. 2742
4064+ (b) The department shall report any significant 2743
4065+investigation information relating to a nurse holding a 2744
4066+multistate license to the coordinated licensure information 2745
4067+system pursuant to s. 464.0095 ; any investigative information 2746
4068+relating to an audiologist or a speech -language pathologist 2747
4069+holding a compact privilege under the Practice of Audiology and 2748
4070+Speech-Language Pathology Interstat e Compact to the data system 2749
4071+pursuant to s. 468.1335; any significant investigatory 2750
4072+
4073+CS/HB 1549 2024
4074+
4075+
4076+
4077+CODING: Words stricken are deletions; words underlined are additions.
4078+hb1549-01-c1
4079+Page 111 of 316
4080+FL 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
4081+
4082+
4083+
4084+information relating to a psychologist practicing under the 2751
4085+Psychology Interjurisdictional Compact to the coordinated 2752
4086+licensure information system pursuant to s. 490.0075; , and any 2753
4087+significant investigatory information relating to a health care 2754
4088+practitioner practicing under the Professional Counselors 2755
4089+Licensure Compact to the data system pursuant to s. 491.017 , and 2756
4090+any significant investigatory information relating to a 2757
4091+psychologist practicing under the Psychology Interjurisdictional 2758
4092+Compact to the coordinated licensure information system pursuant 2759
4093+to s. 490.0075. 2760
4094+ (c) Upon completion of the investigation and a 2761
4095+recommendation by the department to find probable cause, and 2762
4096+pursuant to a written request by the subject or the subject's 2763
4097+attorney, the department shall provide the subject an 2764
4098+opportunity to inspect the investigative file or, at the 2765
4099+subject's expense, forward to the subject a copy of the 2766
4100+investigative file. Notwith standing s. 456.057, the subject may 2767
4101+inspect or receive a copy of any expert witness report or 2768
4102+patient record connected with the investigation if the subject 2769
4103+agrees in writing to maintain the confidentiality of any 2770
4104+information received under this subsectio n until 10 days after 2771
4105+probable cause is found and to maintain the confidentiality of 2772
4106+patient records pursuant to s. 456.057. The subject may file a 2773
4107+written response to the information contained in the 2774
4108+investigative file. Such response must be filed within 20 days 2775
4109+
4110+CS/HB 1549 2024
4111+
4112+
4113+
4114+CODING: Words stricken are deletions; words underlined are additions.
4115+hb1549-01-c1
4116+Page 112 of 316
4117+FL 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
4118+
4119+
4120+
4121+of mailing by the department, unless an extension of time has 2776
4122+been granted by the department. 2777
4123+ (d) This subsection does not prohibit the department from 2778
4124+providing the complaint and any information obtained pursuant to 2779
4125+the department's investigatio n such information to any law 2780
4126+enforcement agency or to any other regulatory agency. 2781
4127+ Section 38. Subsection (5) of section 456.076, Florida 2782
4128+Statutes, is amended to read: 2783
4129+ 456.076 Impaired practitioner programs. — 2784
4130+ (5) A consultant shall enter into a participant contract 2785
4131+with an impaired practitioner and shall establish the terms of 2786
4132+monitoring and shall include the terms in a participant 2787
4133+contract. In establishing the terms of monitoring, the 2788
4134+consultant may consider the recommendations of one or more 2789
4135+approved evaluators, treatment programs, or treatment providers. 2790
4136+A consultant may modify the terms of monitoring if the 2791
4137+consultant concludes, through the course of monitoring, that 2792
4138+extended, additional, or amended terms o f monitoring are 2793
4139+required for the protection of the health, safety, and welfare 2794
4140+of the public. If the impaired practitioner is a physical 2795
4141+therapist or physical therapist assistant practicing under the 2796
4142+Physical Therapy Licensure Compact pursuant to s. 486.1 12, a 2797
4143+psychologist practicing under the Psychology Interjurisdictional 2798
4144+Compact pursuant to s. 490.0075, or a health care practitioner 2799
4145+practicing under the Professional Counselors Licensure Compact 2800
4146+
4147+CS/HB 1549 2024
4148+
4149+
4150+
4151+CODING: Words stricken are deletions; words underlined are additions.
4152+hb1549-01-c1
4153+Page 113 of 316
4154+FL 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
4155+
4156+
4157+
4158+pursuant to s. 491.017, the terms of the monitoring contrac t 2801
4159+must include the impaired practitioner's withdrawal from all 2802
4160+practice under the compact. If the impaired practitioner is a 2803
4161+physical therapist or physical therapist assistant practicing 2804
4162+under the Physical Therapy Licensure Compact pursuant to s. 2805
4163+486.112 psychologist practicing under the Psychology 2806
4164+Interjurisdictional Compact pursuant to s. 490.0075 , the terms 2807
4165+of the monitoring contract must include the impaired 2808
4166+practitioner's withdrawal from all practice under the compact 2809
4167+unless authorized by a member stat e. 2810
4168+ Section 39. Section 456.4501, Florida Statutes, is created 2811
4169+to read: 2812
4170+ 456.4501 Interstate Medical Licensure Compact. —The 2813
4171+Interstate Medical Licensure Compact is hereby enacted into law 2814
4172+and entered into by this state with all other jurisdictions 2815
4173+legally joining therein in the form substantially as follows: 2816
4174+ 2817
4175+SECTION 1 2818
4176+PURPOSE 2819
4177+ 2820
4178+ In order to strengthen access to health care, and in 2821
4179+recognition of the advances in the delivery of health care, the 2822
4180+member states of the Interstate Medical Licensure Compact ha ve 2823
4181+allied in common purpose to develop a comprehensive process that 2824
4182+complements the existing licensing and regulatory authority of 2825
4183+
4184+CS/HB 1549 2024
4185+
4186+
4187+
4188+CODING: Words stricken are deletions; words underlined are additions.
4189+hb1549-01-c1
4190+Page 114 of 316
4191+FL 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
4192+
4193+
4194+
4195+state medical boards and provides a streamlined process that 2826
4196+allows physicians to become licensed in multiple states, thereby 2827
4197+enhancing the portability of a medical license and ensuring the 2828
4198+safety of patients. The compact creates another pathway for 2829
4199+licensure and does not otherwise change a state's existing 2830
4200+medical practice act. The compact also adopts the prevailing 2831
4201+standard for licensure and affirms that the practice of medicine 2832
4202+occurs where the patient is located at the time of the 2833
4203+physician-patient encounter, and therefore, requires the 2834
4204+physician to be under the jurisdiction of the state medical 2835
4205+board where the patient is loc ated. State medical boards that 2836
4206+participate in the compact retain the jurisdiction to impose an 2837
4207+adverse action against a license to practice medicine in that 2838
4208+state issued to a physician through the procedures in the 2839
4209+compact. 2840
4210+ 2841
4211+SECTION 2 2842
4212+DEFINITIONS 2843
4213+ 2844
4214+ As used in this compact, the term: 2845
4215+ (1) "Bylaws" means those bylaws established by the 2846
4216+Interstate Commission pursuant to Section 11 for its governance, 2847
4217+or for directing and controlling its actions and conduct. 2848
4218+ (2) "Commissioner" means the voting representativ e 2849
4219+appointed by each member board pursuant to Section 11. 2850
4220+
4221+CS/HB 1549 2024
4222+
4223+
4224+
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4226+hb1549-01-c1
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4228+FL 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
4229+
4230+
4231+
4232+ (3) "Convicted" means a finding by a court that an 2851
4233+individual is guilty of a criminal offense through adjudication 2852
4234+or entry of a plea of guilt or no contest to the charge by the 2853
4235+offender. Evidence of an entry of a conviction of a criminal 2854
4236+offense by the court shall be considered final for purposes of 2855
4237+disciplinary action by a member board. 2856
4238+ (4) "Expedited license" means a full and unrestricted 2857
4239+medical license granted by a member state to an eligible 2858
4240+physician through the process set forth in the compact. 2859
4241+ (5) "Interstate Commission" means the Interstate Medical 2860
4242+Licensure Compact Commission created pursuant to Section 11. 2861
4243+ (6) "License" means authorization by a state for a 2862
4244+physician to engage in the practice of medicine, which would be 2863
4245+unlawful without the authorization. 2864
4246+ (7) "Medical practice act" means laws and regulations 2865
4247+governing the practice of allopathic and osteopathic medicine 2866
4248+within a member state. 2867
4249+ (8) "Member board" means a state agency in a member state 2868
4250+that acts in the sovereign interests of the state by protecting 2869
4251+the public through licensure, regulation, and education of 2870
4252+physicians as directed by the state government. 2871
4253+ (9) "Member state" means a state that has enacted the 2872
4254+Compact. 2873
4255+ (10) "Offense" means a felony, high court misdemeanor, or 2874
4256+crime of moral turpitude. 2875
4257+
4258+CS/HB 1549 2024
4259+
4260+
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4265+FL 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
4266+
4267+
4268+
4269+ 2876
4270+ (11) "Physician" means any person who: 2877
4271+ (a) Is a graduate of a medical school accredited by the 2878
4272+Liaison Committee on Medical Education, the Commission on 2879
4273+Osteopathic College Accreditation, or a medical school listed in 2880
4274+the International Medical Education Directory or its equivalent; 2881
4275+ (b) Passed each component of the United States Medical 2882
4276+Licensing Examination (USMLE) or the Comprehensive Osteopathic 2883
4277+Medical Licensing Examination (COMLEX-USA) within three 2884
4278+attempts, or any of its predecessor examinations accepted by a 2885
4279+state medical board as an equivalent examination for licensure 2886
4280+purposes; 2887
4281+ (c) Successfully completed graduate medical education 2888
4282+approved by the Accreditation Council for Graduate Medical 2889
4283+Education or the American Osteopathic Association; 2890
4284+ (d) Holds specialty certification or a time -unlimited 2891
4285+specialty certificate recognized by the American Board of 2892
4286+Medical Specialties or the American Osteopathic Association's 2893
4287+Bureau of Osteopathic Specialists; however, the specialty 2894
4288+certification or a time -unlimited specialty certificate does not 2895
4289+have to be maintained once a physician is initially determined 2896
4290+to be eligible for expedited licensure through the Compa ct; 2897
4291+ (e) Possesses a full and unrestricted license to engage in 2898
4292+the practice of medicine issued by a member board; 2899
4293+ (f) Has never been convicted, received adjudication, 2900
4294+
4295+CS/HB 1549 2024
4296+
4297+
4298+
4299+CODING: Words stricken are deletions; words underlined are additions.
4300+hb1549-01-c1
4301+Page 117 of 316
4302+FL 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
4303+
4304+
4305+
4306+deferred adjudication, community supervision, or deferred 2901
4307+disposition for any offense by a court of appropriate 2902
4308+jurisdiction; 2903
4309+ (g) Has never held a license authorizing the practice of 2904
4310+medicine subjected to discipline by a licensing agency in any 2905
4311+state, federal, or foreign jurisdiction, excluding any action 2906
4312+related to nonpayment of fees re lated to a license; 2907
4313+ (h) Has never had a controlled substance license or permit 2908
4314+suspended or revoked by a state or the United States Drug 2909
4315+Enforcement Administration; and 2910
4316+ (i) Is not under active investigation by a licensing 2911
4317+agency or law enforcement auth ority in any state, federal, or 2912
4318+foreign jurisdiction. 2913
4319+ (12) "Practice of medicine" means the diagnosis, 2914
4320+treatment, prevention, cure, or relieving of a human disease, 2915
4321+ailment, defect, complaint, or other physical or mental 2916
4322+condition by attendance, advice, device, diagnostic test, or 2917
4323+other means, or offering, undertaking, attempting to do, or 2918
4324+holding oneself out as able to do any of these acts. 2919
4325+ (13) "Rule" means a written statement by the Interstate 2920
4326+Commission adopted pursuant to section 12 of the compact which 2921
4327+is of general applicability; implements, interprets, or 2922
4328+prescribes a policy or provision of the compact, or an 2923
4329+organizational, procedural, or practice requirement of the 2924
4330+Interstate Commission; and has the force and effect of statutory 2925
4331+
4332+CS/HB 1549 2024
4333+
4334+
4335+
4336+CODING: Words stricken are deletions; words underlined are additions.
4337+hb1549-01-c1
4338+Page 118 of 316
4339+FL 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
4340+
4341+
4342+
4343+law in a member state, if the rule is not inconsistent with the 2926
4344+laws of the member state. The term includes the amendment, 2927
4345+repeal, or suspension of an existing rule. 2928
4346+ (14) "State" means any state, commonwealth, district, or 2929
4347+territory of the United States. 2930
4348+ (15) "State of principal license" means a member state 2931
4349+where a physician holds a license to practice medicine and which 2932
4350+has been designated as such by the physician for purposes of 2933
4351+registration and participation in the Compact. 2934
4352+ 2935
4353+SECTION 3 2936
4354+ELIGIBILITY 2937
4355+ 2938
4356+ (1) A physician must meet the eligibility requirements as 2939
4357+provided in subsection (11) of section 2 to receive an expedited 2940
4358+license under the terms and provisions of the Compact. 2941
4359+ (2) A physician who does not meet the requirements as 2942
4360+provided in subsection (11) of section 2 may obtain a license to 2943
4361+practice medicine in a member state if the individual complies 2944
4362+with all laws and requirements, other than the Compact, relating 2945
4363+to the issuance of a license to practice medicine in that state. 2946
4364+ 2947
4365+SECTION 4 2948
4366+DESIGNATION OF STATE OF PRINCIPAL LICENSE 2949
4367+ 2950
4368+
4369+CS/HB 1549 2024
4370+
4371+
4372+
4373+CODING: Words stricken are deletions; words underlined are additions.
4374+hb1549-01-c1
4375+Page 119 of 316
4376+FL 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
4377+
4378+
4379+
4380+ (1) A physician shall designate a member state as the 2951
4381+state of principal license for purposes of registration for 2952
4382+expedited licensure through the compact if the physician 2953
4383+possesses a full and unrestricted license to practice medi cine 2954
4384+in that state, and the state is: 2955
4385+ (a) The state of primary residence for the physician, or 2956
4386+ (b) The state where at least 25 percent of the physician's 2957
4387+practice of medicine occurs, or 2958
4388+ (c) The location of the physician's employer, or 2959
4389+ (d) If no state qualifies under paragraph (a), paragraph 2960
4390+(b), or paragraph (c), the state designated as the state of 2961
4391+residence for purpose of federal income tax. 2962
4392+ (2) A physician may redesignate a member state as the 2963
4393+state of principal license at any time, as long as the state 2964
4394+meets one of the descriptions under subsection (1). 2965
4395+ (3) The Interstate Commission may develop rules to 2966
4396+facilitate redesignation of another member state as the state of 2967
4397+principal license. 2968
4398+ 2969
4399+SECTION 5 2970
4400+APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 2971
4401+ 2972
4402+ (1) A physician seeking licensure through the compact must 2973
4403+file an application for an expedited license with the member 2974
4404+board of the state selected by the physician as the state of 2975
4405+
4406+CS/HB 1549 2024
4407+
4408+
4409+
4410+CODING: Words stricken are deletions; words underlined are additions.
4411+hb1549-01-c1
4412+Page 120 of 316
4413+FL 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
4414+
4415+
4416+
4417+principal license. 2976
4418+ (2) Upon receipt of an application for an expedited 2977
4419+license, the member board within the state selected as the state 2978
4420+of principal license shall evaluate whether the physician is 2979
4421+eligible for expedited licensure and issue a letter of 2980
4422+qualification, verifying or denying the physician's eligibility, 2981
4423+to the Interstate Commission. 2982
4424+ (a) Static qualifications, which include verification of 2983
4425+medical education, graduate medical education, results of any 2984
4426+medical or licensing examination, and other qualifications as 2985
4427+determined by the Interstate Commission th rough rule, are not 2986
4428+subject to additional primary source verification if already 2987
4429+primary source verified by the state of principal license. 2988
4430+ (b) The member board within the state selected as the 2989
4431+state of principal license shall, in the course of verifying 2990
4432+eligibility, perform a criminal background check of an 2991
4433+applicant, including the use of the results of fingerprint or 2992
4434+other biometric data checks compliant with the requirements of 2993
4435+the Federal Bureau of Investigation, with the exception of 2994
4436+federal employees who have a suitability determination in 2995
4437+accordance with U.S. 5 C.F.R. s. 731.202. 2996
4438+ (c) Appeal on the determination of eligibility must be 2997
4439+made to the member state where the application was filed and is 2998
4440+subject to the law of that state. 2999
4441+ (3) Upon verification in subsection (2), physicians 3000
4442+
4443+CS/HB 1549 2024
4444+
4445+
4446+
4447+CODING: Words stricken are deletions; words underlined are additions.
4448+hb1549-01-c1
4449+Page 121 of 316
4450+FL 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
4451+
4452+
4453+
4454+eligible for an expedited license must complete the registration 3001
4455+process established by the Interstate Commission to receive a 3002
4456+license in a member state selected pursuant to subsection (1), 3003
4457+including the payment of any applicable fees. 3004
4458+ (4) After receiving verification of eligibility under 3005
4459+subsection (2) and upon an applicant's completion of any 3006
4460+registration process, including the payment of any applicable 3007
4461+fees, required under subsection (3), a member board shall issue 3008
4462+an expedited license to the physician. This license authorizes 3009
4463+the physician to practice medicine in the issuing state 3010
4464+consistent with the medical practice act and all applicable laws 3011
4465+and regulations of the issuing member board and member state. 3012
4466+ (5) An expedited license is valid for a period consistent 3013
4467+with the licensure period in the member state and in the same 3014
4468+manner as required for other physicians holding a full and 3015
4469+unrestricted license within the member state. 3016
4470+ (6) An expedited license obtained thr ough the compact must 3017
4471+be terminated if a physician fails to maintain a license in the 3018
4472+state of principal licensure for a nondisciplinary reason, 3019
4473+without redesignation of a new state of principal licensure. 3020
4474+ (7) The Interstate Commission may develop rules regarding 3021
4475+the application process, including payment of any applicable 3022
4476+fees, and the issuance of an expedited license. 3023
4477+ 3024
4478+SECTION 6 3025
4479+
4480+CS/HB 1549 2024
4481+
4482+
4483+
4484+CODING: Words stricken are deletions; words underlined are additions.
4485+hb1549-01-c1
4486+Page 122 of 316
4487+FL 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
4488+
4489+
4490+
4491+FEES FOR EXPEDIATED LICENSURE 3026
4492+ 3027
4493+ (1) A member state issuing an expediated license 3028
4494+authorizing the practice of medicine in that state may impose a 3029
4495+fee for a license issued or renewed through the compact. 3030
4496+ (2) The Interstate Commission is authorized to develop 3031
4497+rules regarding fees for expediated licenses. 3032
4498+ 3033
4499+SECTION 7 3034
4500+RENEWAL AND CONTINUED PARTICIPATION 3035
4501+ 3036
4502+ (1) A physician seeking to renew an expedited license 3037
4503+granted in a member state shall complete a renewal process with 3038
4504+the Interstate Commission if the physician: 3039
4505+ (a) Maintains a full and unrestricted license in a state 3040
4506+of principal license; 3041
4507+ (b) Has not been convicted or receive d adjudication, 3042
4508+deferred adjudication, community supervision, or deferred 3043
4509+disposition for any offense by a court of appropriate 3044
4510+jurisdiction; 3045
4511+ (c) Has not had a license authorizing the practice of 3046
4512+medicine subject to discipline by a licensing agency in an y 3047
4513+state, federal, or foreign jurisdiction, excluding any action 3048
4514+related to nonpayment of fees related to a license; and 3049
4515+ (d) Has not had a controlled substance license or permit 3050
4516+
4517+CS/HB 1549 2024
4518+
4519+
4520+
4521+CODING: Words stricken are deletions; words underlined are additions.
4522+hb1549-01-c1
4523+Page 123 of 316
4524+FL 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
4525+
4526+
4527+
4528+suspended or revoked by a state or the United States Drug 3051
4529+Enforcement Administration. 3052
4530+ (2) Physicians shall comply with all continuing 3053
4531+professional development or continuing medical education 3054
4532+requirements for renewal of a license issued by a member state. 3055
4533+ (3) The Interstate Commission shall collect any renewal 3056
4534+fees charged for the renewal of a license and distribute the 3057
4535+fees to the applicable member board. 3058
4536+ (4) Upon receipt of any renewal fees collected in 3059
4537+subsection (3), a member board shall renew the physician's 3060
4538+license. 3061
4539+ (5) Physician information collected by the Inte rstate 3062
4540+Commission during the renewal process must distributed to all 3063
4541+member boards. 3064
4542+ (6) The Interstate Commission may develop rules to address 3065
4543+renewal of licenses obtained through the Compact. 3066
4544+ 3067
4545+SECTION 8 3068
4546+COORDINATED INFORMATION SYSTEM 3069
4547+ 3070
4548+ (1) The Interstate Commission shall establish a database 3071
4549+of all physicians licensed, or who have applied for licensure, 3072
4550+under Section 5. 3073
4551+ (2) Notwithstanding any other provision of law, member 3074
4552+boards shall report to the Interstate Commission any public 3075
4553+
4554+CS/HB 1549 2024
4555+
4556+
4557+
4558+CODING: Words stricken are deletions; words underlined are additions.
4559+hb1549-01-c1
4560+Page 124 of 316
4561+FL 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
4562+
4563+
4564+
4565+action or complaints against a licensed physician who has 3076
4566+applied or received an expedited license through the Compact. 3077
4567+ (3) Member boards shall report to the Interstate 3078
4568+Commission disciplinary or investigatory information determined 3079
4569+as necessary and proper by rule of the Interstate Commission. 3080
4570+ (4) Member boards may report to the Interstate Commission 3081
4571+any nonpublic complaint, disciplinary, or investigatory 3082
4572+information not required by subsection (3) to the Interstate 3083
4573+Commission. 3084
4574+ (5) Member boards shall share complaint or disciplinary 3085
4575+information about a physician upon request of another member 3086
4576+board. 3087
4577+ (6) All information provided to the Interstate Commission 3088
4578+or distributed by member boards shall be confidential, filed 3089
4579+under seal, and used only for investigatory or discip linary 3090
4580+matters. 3091
4581+ (g) The Interstate Commission may develop rules for 3092
4582+mandated or discretionary sharing of information by member 3093
4583+boards. 3094
4584+ 3095
4585+SECTION 9 3096
4586+JOINT INVESTIGATIONS 3097
4587+ 3098
4588+ (1) Licensure and disciplinary records of physicians are 3099
4589+deemed investigative. 3100
4590+
4591+CS/HB 1549 2024
4592+
4593+
4594+
4595+CODING: Words stricken are deletions; words underlined are additions.
4596+hb1549-01-c1
4597+Page 125 of 316
4598+FL 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
4599+
4600+
4601+
4602+ (2) In addition to the authority granted to a member board 3101
4603+by its respective medical practice act or other applicable state 3102
4604+law, a member board may participate with other member boards in 3103
4605+joint investigations of physicians licensed by the member 3104
4606+boards. 3105
4607+ (3) A subpoena issued by a member state is enforceable in 3106
4608+other member states. 3107
4609+ (4) Member boards may share any investigative, litigation, 3108
4610+or compliance materials in furtherance of any joint or 3109
4611+individual investigation initiated under the compact. 3110
4612+ (5) Any member state may investigate actual or alleged 3111
4613+violations of the statutes authorizing the practice of medicine 3112
4614+in any other member state in which a physician holds a license 3113
4615+to practice medicine. 3114
4616+ 3115
4617+SECTION 10 3116
4618+DISCIPLINARY ACTIONS 3117
4619+ 3118
4620+ (1) Any disciplinary action taken by any member board 3119
4621+against a physician licensed through the compact is deemed 3120
4622+unprofessional conduct which may be subject to discipline by 3121
4623+other member boards, in addition to any violation of the medical 3122
4624+practice act or regulations in that st ate. 3123
4625+ (2) If a license granted to a physician by the member 3124
4626+board in the state of principal license is revoked, surrendered 3125
4627+
4628+CS/HB 1549 2024
4629+
4630+
4631+
4632+CODING: Words stricken are deletions; words underlined are additions.
4633+hb1549-01-c1
4634+Page 126 of 316
4635+FL 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
4636+
4637+
4638+
4639+or relinquished in lieu of discipline, or suspended, then all 3126
4640+licenses issued to the physician by member boards shall 3127
4641+automatically be placed, without further action necessary by any 3128
4642+member board, on the same status. If the member board in the 3129
4643+state of principal license subsequently reinstates the 3130
4644+physician's license, a license issued to the physician by any 3131
4645+other member board must re main encumbered until that respective 3132
4646+member board takes action to reinstate the license in a manner 3133
4647+consistent with the medical practice act of that state. 3134
4648+ (3) If disciplinary action is taken against a physician by 3135
4649+a member board not in the state of pri ncipal license, any other 3136
4650+member board may deem the action conclusive as to matter of law 3137
4651+and fact decided, and: 3138
4652+ (a) Impose the same or lesser sanctions against the 3139
4653+physician so long as such sanctions are consistent with the 3140
4654+medical practice act of that state; or 3141
4655+ (b) Pursue separate disciplinary action against the 3142
4656+physician under its respective medical practice act, regardless 3143
4657+of the action taken in other member states. 3144
4658+ (4) If a license granted to a physician by a member board 3145
4659+is revoked, surrendered or relinquished in lieu of discipline, 3146
4660+or suspended, any licenses issued to the physician by any other 3147
4661+member boards, for 90 days after entry of the order by the 3148
4662+disciplining board, to permit the member boards to investigate 3149
4663+the basis for the action under the medical practice act of that 3150
4664+
4665+CS/HB 1549 2024
4666+
4667+
4668+
4669+CODING: Words stricken are deletions; words underlined are additions.
4670+hb1549-01-c1
4671+Page 127 of 316
4672+FL 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
4673+
4674+
4675+
4676+state. A member board may terminate the automatic suspension of 3151
4677+the license it issued before the completion of the ninety (90) 3152
4678+day suspension period in a manner consistent with the medical 3153
4679+practice act of that state. 3154
4680+ 3155
4681+SECTION 11 3156
4682+INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION 3157
4683+ 3158
4684+ (1) The member states hereby create the "Interstate 3159
4685+Medical Licensure Compact Commission." 3160
4686+ (2) The purpose of the Interstate Commission is the 3161
4687+administration of the compact, which is a discretionar y state 3162
4688+function. 3163
4689+ (3) The Interstate Commission is a body corporate and 3164
4690+joint agency of the member states and has all the 3165
4691+responsibilities, powers, and duties set forth in the compact, 3166
4692+and such additional powers as may be conferred upon it by a 3167
4693+subsequent concurrent action of the respective legislatures of 3168
4694+the member states in accordance with the terms of the compact. 3169
4695+ (4) The Interstate Commission shall consist of two voting 3170
4696+representatives appointed by each member state who shall serve 3171
4697+as commissioners. In states where allopathic and osteopathic 3172
4698+physicians are regulated by separate member boards, or if the 3173
4699+licensing and disciplinary authority is split between multiple 3174
4700+member boards within a member state, the member state shall 3175
4701+
4702+CS/HB 1549 2024
4703+
4704+
4705+
4706+CODING: Words stricken are deletions; words underlined are additions.
4707+hb1549-01-c1
4708+Page 128 of 316
4709+FL 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
4710+
4711+
4712+
4713+appoint one representative from each member board. Each 3176
4714+commissioner must be one of the following: 3177
4715+ (a) An allopathic or osteopathic physician appointed to a 3178
4716+member board; 3179
4717+ (b) An executive director, an executive secretary, or a 3180
4718+similar executive of a member board; or 3181
4719+ (c) A member of the public appointed to a member board. 3182
4720+ (5) The Interstate Commission shall meet at least once 3183
4721+each calendar year. A portion of this meeting must be a business 3184
4722+meeting to address such matters as may properly come before the 3185
4723+Commission, including t he election of officers. The chairperson 3186
4724+may call additional meetings and shall call for a meeting upon 3187
4725+the request of a majority of the member states. 3188
4726+ (6) The bylaws may provide for meetings of the Interstate 3189
4727+Commission to be conducted by telecommunicat ion or other 3190
4728+electronic means. 3191
4729+ (7) Each commissioner participating at a meeting of the 3192
4730+Interstate Commission is entitled to one vote. A majority of 3193
4731+commissioners constitutes a quorum for the transaction of 3194
4732+business, unless a larger quorum is required by the bylaws of 3195
4733+the Interstate Commission. A commissioner may not delegate a 3196
4734+vote to another commissioner. In the absence of its 3197
4735+commissioner, a member state may delegate voting authority for a 3198
4736+specified meeting to another person from that state who must 3199
4737+meet the qualification requirements specified in subsection (4). 3200
4738+
4739+CS/HB 1549 2024
4740+
4741+
4742+
4743+CODING: Words stricken are deletions; words underlined are additions.
4744+hb1549-01-c1
4745+Page 129 of 316
4746+FL 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
4747+
4748+
4749+
4750+ (8) The Interstate Commission shall provide public notice 3201
4751+of all meetings, and all meetings must be open to the public. 3202
4752+The Interstate Commission may close a meeting, in full or in 3203
4753+portion, where it determines by a two -thirds vote of the 3204
4754+Commissioners present that an open meeting would be likely to: 3205
4755+ (a) Relate solely to the internal personnel practices and 3206
4756+procedures of the Interstate Commission; 3207
4757+ (b) Discuss matters specifically exempted fr om disclosure 3208
4758+by federal statute; 3209
4759+ (c) Discuss trade secrets or commercial or financial 3210
4760+information that is privileged or confidential; 3211
4761+ (d) Involve accusing a person of a crime, or formally 3212
4762+censuring a person; 3213
4763+ (e) Discuss information of a personal nat ure where 3214
4764+disclosure of which would constitute a clearly unwarranted 3215
4765+invasion of personal privacy; 3216
4766+ (f) Discuss investigative records compiled for law 3217
4767+enforcement purposes; or 3218
4768+ (g) Specifically relate to the participation in a civil 3219
4769+action or other legal proceeding. 3220
4770+ (9) The Interstate Commission shall keep minutes that 3221
4771+fully describe all matters discussed in a meeting and shall 3222
4772+provide a full and accurate summary of actions taken, including 3223
4773+a record of any roll call votes. 3224
4774+ (10) The Interstate Commissi on shall make its information 3225
4775+
4776+CS/HB 1549 2024
4777+
4778+
4779+
4780+CODING: Words stricken are deletions; words underlined are additions.
4781+hb1549-01-c1
4782+Page 130 of 316
4783+FL 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
4784+
4785+
4786+
4787+and official records, to the extent not otherwise designated in 3226
4788+the compact or by its rules, available to the public for 3227
4789+inspection. 3228
4790+ (11) The Interstate Commission shall establish an 3229
4791+executive committee, which shall include officers, members, and 3230
4792+others as determined by the bylaws. The executive committee has 3231
4793+the power to act on behalf of the Interstate Commission, with 3232
4794+the exception of rulemaking, during periods when the Interstate 3233
4795+Commission is not in session. When acting o n behalf of the 3234
4796+Interstate Commission, the executive committee shall oversee the 3235
4797+administration of the compact, including enforcement and 3236
4798+compliance with the compact, its bylaws and rules, and other 3237
4799+such duties as necessary. 3238
4800+ (12) The Interstate Commissio n may establish other 3239
4801+committees for governance and administration of the compact. 3240
48024802 3241
4803- (1) The compact shall dissolve effective upon the date of 3242
4804-the withdrawal or default of the member state which reduces the 3243
4805-membership in the compact to one member state. 3244
4806- (2) Upon the dissolution of the compact, the compact 3245
4807-becomes null and void and shall be of no further force or 3246
4808-effect, and the business and affairs of the Inters tate 3247
4809-Commission must be concluded, and surplus funds of the 3248
4810-Interstate Commission must be distributed in accordance with the 3249
4811-bylaws. 3250
4812-
4813-CS/CS/HB 1549 2024
4814-
4815-
4816-
4817-CODING: Words stricken are deletions; words underlined are additions.
4818-hb1549-02-c2
4819-Page 131 of 272
4820-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
4821-
4822-
4823-
4824- 3251
4825-SECTION 23 3252
4826-SEVERABILITY AND CONSTRUCTION 3253
4827- 3254
4828- (1) The provisions of the compact are be severable, and if 3255
4829-any phrase, clause, sentence, or provision is deemed 3256
4830-unenforceable, the remaining provisions of the compact remain 3257
4831-enforceable. 3258
4832- (2) The provisions of the compact must be liberally 3259
4833-construed to effectuate its purposes. 3260
4834- (3) The compact does not prohibit the applicability of 3261
4835-other interstate compacts to which the states are members. 3262
4836- 3263
4837-SECTION 24 3264
4838-BINDING EFFECT OF COMPACT AND OTHER LAWS 3265
4839- 3266
4840- (1) Nothing herein prevents the enforcement of any other 3267
4841-law of a member state which is not inconsistent with the 3268
4842-Compact. 3269
4843- (2) All laws in a member state in conflict with the 3270
4844-Compact are superseded to the extent of the conflict. 3271
4845- (3) All lawful actions of the Interstate Commission, 3272
4846-including all rules and bylaws adopted by the commission, are 3273
4847-binding upon the member states. 3274
4848- (4) All agreements between the Interstate Commission and 3275
4849-
4850-CS/CS/HB 1549 2024
4851-
4852-
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4854-CODING: Words stricken are deletions; words underlined are additions.
4855-hb1549-02-c2
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4857-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
4858-
4859-
4860-
4861-the member states are binding in accordance with their terms. 3276
4862- (5) In the event any provision of the compact exceeds the 3277
4863-constitutional limits imposed on the legislature of any member 3278
4864-state, such provision is i neffective to the extent of the 3279
4865-conflict with the constitutional provision in question in that 3280
4866-member state. 3281
4867- Section 37. Section 456.4502, Florida Statutes, is created 3282
4868-to read: 3283
4869- 456.4502 Interstate Medical Licensure Compact; 3284
4870-disciplinary proceedings. —A physician licensed pursuant to 3285
4871-chapter 458, chapter 459, or s. 456.4501 whose license is 3286
4872-suspended or revoked by this state pursuant to the Interstate 3287
4873-Medical Licensure Compact as a result of disciplinary action 3288
4874-taken against the physician's license in a nother state must be 3289
4875-granted a formal hearing before an administrative law judge from 3290
4876-the Division of Administrative Hearings held pursuant to chapter 3291
4877-120 if there are any disputed issues of material fact. In such 3292
4878-proceedings: 3293
4879- (1) Notwithstanding s. 120. 569(2), the department shall 3294
4880-notify the division within 45 days after receipt of a petition 3295
4881-or request for a formal hearing. 3296
4882- (2) The determination of whether the physician has 3297
4883-violated the laws and rules regulating the practice of medicine 3298
4884-or osteopathic medicine, as applicable, including a 3299
4885-determination of the reasonable standard of care, is a 3300
4886-
4887-CS/CS/HB 1549 2024
4888-
4889-
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4893-Page 133 of 272
4894-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
4895-
4896-
4897-
4898-conclusion of law that is to be determined by appropriate board, 3301
4899-and is not a finding of fact to be determined by an 3302
4900-administrative law judge. 3303
4901- (3) The administrative law judge shall issue a recommended 3304
4902-order pursuant to chapter 120. 3305
4903- (4) The Board of Medicine or the Board of Osteopathic 3306
4904-Medicine, as applicable, shall determine and issue the final 3307
4905-order in each disciplinary case. Such order shall constitute 3308
4906-final agency action. 3309
4907- (5) Any consent order or agreed -upon settlement is subject 3310
4908-to the approval of the department. 3311
4909- (6) The department shall have standing to seek judicial 3312
4910-review of any final order of the board, pursuant to s. 120.68. 3313
4911- Section 38. Section 456.4504, Florida Statutes, is created 3314
4912-to read: 3315
4913- 456.4504 Interstate Medical Licensure Compact Rules. —The 3316
4914-department may adopt rules to implement the Interstate Medical 3317
4915-Licensure Compact. 3318
4916- Section 39. The provisions of the Interstate Medical 3319
4917-Licensure Compact do not authorize the Department of Health, the 3320
4918-Board of Medicine, or the Board of Osteopathic Medicine to 3321
4919-collect a fee for expedited licensure, but rather state that 3322
4920-such fees are allowable under the compact. The Department of 3323
4921-Health, the Board of Medicine, and the Board of Osteopathic 3324
4922-Medicine must comply with the requirements of s. 456.025. 3325
4923-
4924-CS/CS/HB 1549 2024
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4926-
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4928-CODING: Words stricken are deletions; words underlined are additions.
4929-hb1549-02-c2
4930-Page 134 of 272
4931-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
4932-
4933-
4934-
4935- Section 40. Subsections (3) through (8) of section 3326
4936-458.311, Florida Statutes, are renumbered as subsections (4) 3327
4937-through (9), respectively, paragraph (f) o f subsection (1) and 3328
4938-present subsections (3) and (5) are amended, and a new 3329
4939-subsection (3) is added to that section, to read: 3330
4940- 458.311 Licensure by examination; requirements; fees. — 3331
4941- (1) Any person desiring to be licensed as a physician, who 3332
4942-does not hold a valid license in any state, shall apply to the 3333
4943-department on forms furnished by the department. The department 3334
4944-shall license each applicant who the board certifies: 3335
4945- (f) Meets one of the following medical education and 3336
4946-postgraduate training requiremen ts: 3337
4947- 1.a. Is a graduate of an allopathic medical school or 3338
4948-allopathic college recognized and approved by an accrediting 3339
4949-agency recognized by the United States Office of Education or is 3340
4950-a graduate of an allopathic medical school or allopathic college 3341
4951-within a territorial jurisdiction of the United States 3342
4952-recognized by the accrediting agency of the governmental body of 3343
4953-that jurisdiction; 3344
4954- b. If the language of instruction of the medical school is 3345
4955-other than English, has demonstrated competency in English 3346
4956-through presentation of a satisfactory grade on the Test of 3347
4957-Spoken English of the Educational Testing Service or a similar 3348
4958-test approved by rule of the board; and 3349
4959- c. Has completed an approved residency of at least 1 year. 3350
4960-
4961-CS/CS/HB 1549 2024
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4966-hb1549-02-c2
4967-Page 135 of 272
4968-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
4969-
4970-
4971-
4972- 2.a. Is a graduate of an allopathic foreign medical school 3351
4973-registered with the World Health Organization and certified 3352
4974-pursuant to s. 458.314 as having met the standards required to 3353
4975-accredit medical schools in the United States or reasonably 3354
4976-comparable standards; 3355
4977- b. If the language of instruction of the foreign medical 3356
4978-school is other than English, has demonstrated competency in 3357
4979-English through presentation of the Educational Commission for 3358
4980-Foreign Medical Graduates English proficiency certificate or by 3359
4981-a satisfactory grade on th e Test of Spoken English of the 3360
4982-Educational Testing Service or a similar test approved by rule 3361
4983-of the board; and 3362
4984- c. Has completed an approved residency of at least 1 year. 3363
4985- 3.a. Is a graduate of an allopathic foreign medical school 3364
4986-which has not been ce rtified pursuant to s. 458.314 and has not 3365
4987-been excluded from consideration under s. 458.314(8) ; 3366
4988- b. Has had his or her medical credentials evaluated by the 3367
4989-Educational Commission for Foreign Medical Graduates, holds an 3368
4990-active, valid certificate issued by that commission, and has 3369
4991-passed the examination utilized by that commission; and 3370
4992- c. Has completed an approved residency of at least 1 year; 3371
4993-however, after October 1, 1992, the applicant shall have 3372
4994-completed an approved residency or fellowship of at leas t 2 3373
4995-years in one specialty area. However, to be acceptable, the 3374
4996-fellowship experience and training must be counted toward 3375
4997-
4998-CS/CS/HB 1549 2024
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5000-
5001-
5002-CODING: Words stricken are deletions; words underlined are additions.
5003-hb1549-02-c2
5004-Page 136 of 272
5005-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
5006-
5007-
5008-
5009-regular or subspecialty certification by a board recognized and 3376
5010-certified by the American Board of Medical Specialties. 3377
5011- (3) Notwithstanding sub-subparagraphs (1)(f)2.c. and 3.c., 3378
5012-a graduate of a foreign medical school that has not been 3379
5013-excluded from consideration under s. 458.314(8) is not required 3380
5014-to complete an approved residency if he or she meets all of the 3381
5015-following criteria: 3382
5016- (a) Has an active, unencumbered license to practice 3383
5017-medicine in a foreign country. 3384
5018- (b) Has actively practiced medicine in the 4 -year period 3385
5019-preceding the date of the submission of a licensure application. 3386
5020- (c) Has completed a residency or substantially si milar 3387
5021-postgraduate medical training in a country recognized by his or 3388
5022-her licensing jurisdiction. 3389
5023- (d) Has an offer for full -time employment as a physician 3390
5024-from a health care provider that operates in this state. 3391
5025- 3392
5026-A physician licensed after meeting the re quirements of this 3393
5027-subsection must maintain his or her employment with the original 3394
5028-employer under paragraph (d) or with another health care 3395
5029-provider that operates in this state, at a location within this 3396
5030-state, for at least 2 consecutive years after licen sure, in 3397
5031-accordance with rules adopted by the board. Such physician must 3398
5032-notify the board within 5 business days after any change of 3399
5033-employer. 3400
5034-
5035-CS/CS/HB 1549 2024
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5037-
5038-
5039-CODING: Words stricken are deletions; words underlined are additions.
5040-hb1549-02-c2
5041-Page 137 of 272
5042-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
5043-
5044-
5045-
5046- (4)(3) Notwithstanding the provisions of subparagraph 3401
5047-(1)(f)3., a graduate of a foreign medical school that has not 3402
5048-been excluded from consideration under s. 458.314(8) need not 3403
5049-present the certificate issued by the Educational Commission for 3404
5050-Foreign Medical Graduates or pass the examination utilized by 3405
5051-that commission if the graduate: 3406
5052- (a) Has received a bachelor 's degree from an accredited 3407
5053-United States college or university. 3408
5054- (b) Has studied at a medical school which is recognized by 3409
5055-the World Health Organization. 3410
5056- (c) Has completed all of the formal requirements of the 3411
5057-foreign medical school, except the inter nship or social service 3412
5058-requirements, and has passed part I of the National Board of 3413
5059-Medical Examiners examination or the Educational Commission for 3414
5060-Foreign Medical Graduates examination equivalent. 3415
5061- (d) Has completed an academic year of supervised clinic al 3416
5062-training in a hospital affiliated with a medical school approved 3417
5063-by the Council on Medical Education of the American Medical 3418
5064-Association and upon completion has passed part II of the 3419
5065-National Board of Medical Examiners examination or the 3420
5066-Educational Commission for Foreign Medical Graduates examination 3421
5067-equivalent. 3422
5068- (6)(5) The board may not certify to the department for 3423
5069-licensure any applicant who is under investigation in another 3424
5070-jurisdiction for an offense which would constitute a violation 3425
5071-
5072-CS/CS/HB 1549 2024
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5074-
5075-
5076-CODING: Words stricken are deletions; words underlined are additions.
5077-hb1549-02-c2
5078-Page 138 of 272
5079-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
5080-
5081-
5082-
5083-of this chapter until such investigation is completed. Upon 3426
5084-completion of the investigation, the provisions of s. 458.331 3427
5085-shall apply. Furthermore, the department may not issue an 3428
5086-unrestricted license to any individual who has committed any act 3429
5087-or offense in any juris diction which would constitute the basis 3430
5088-for disciplining a physician pursuant to s. 458.331. When the 3431
5089-board finds that an individual has committed an act or offense 3432
5090-in any jurisdiction which would constitute the basis for 3433
5091-disciplining a physician pursuant to s. 458.331, then the board 3434
5092-may enter an order imposing one or more of the terms set forth 3435
5093-in subsection (9) (8). 3436
5094- Section 41. Section 458.3124, Florida Statutes, is 3437
5095-repealed. 3438
5096- Section 42. Subsection (8) of section 458.314, Florida 3439
5097-Statutes, is amended to read: 3440
5098- 458.314 Certification of foreign educational 3441
5099-institutions.— 3442
5100- (8) If a foreign medical school does not seek 3443
5101-certification under this section, the board may, at its 3444
5102-discretion, exclude the foreign medical school from 3445
5103-consideration as an i nstitution that provides medical education 3446
5104-that is reasonably comparable to that of similar accredited 3447
5105-institutions in the United States and that adequately prepares 3448
5106-its students for the practice of medicine in this state. 3449
5107-However, a license or medical fac ulty certificate issued to a 3450
5108-
5109-CS/CS/HB 1549 2024
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5111-
5112-
5113-CODING: Words stricken are deletions; words underlined are additions.
5114-hb1549-02-c2
5115-Page 139 of 272
5116-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
5117-
5118-
5119-
5120-physician under this chapter before July 1, 2024, is not 3451
5121-affected by this subsection Each institution which has been 3452
5122-surveyed before October 1, 1986, by the Commission to Evaluate 3453
5123-Foreign Medical Schools or the Commission on Fo reign Medical 3454
5124-Education of the Federation of State Medical Boards, Inc., and 3455
5125-whose survey and supporting documentation demonstrates that it 3456
5126-provides an educational program, including curriculum, 3457
5127-reasonably comparable to that of similar accredited instituti ons 3458
5128-in the United States shall be considered fully certified, for 3459
5129-purposes of chapter 86 -245, Laws of Florida . 3460
5130- Section 43. Subsections (5) and (6) of section 458.3145, 3461
5131-Florida Statutes, are renumbered as subsections (4) and (5), 3462
5132-respectively, and subse ction (1) and present subsection (4) of 3463
5133-that section are amended, to read: 3464
5134- 458.3145 Medical faculty certificate. — 3465
5135- (1) A medical faculty certificate may be issued without 3466
5136-examination to an individual who meets all of the following 3467
5137-criteria: 3468
5138- (a) Is a graduate of an accredited medical school or its 3469
5139-equivalent, or is a graduate of a foreign medical school listed 3470
5140-with the World Health Organization which has not been excluded 3471
5141-from consideration under s. 458.314(8). ; 3472
5142- (b) Holds a valid, current license to p ractice medicine in 3473
5143-another jurisdiction .; 3474
5144- (c) Has completed the application form and remitted a 3475
5145-
5146-CS/CS/HB 1549 2024
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5148-
5149-
5150-CODING: Words stricken are deletions; words underlined are additions.
5151-hb1549-02-c2
5152-Page 140 of 272
5153-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
5154-
5155-
5156-
5157-nonrefundable application fee not to exceed $500 .; 3476
5158- (d) Has completed an approved residency or fellowship of 3477
5159-at least 1 year or has received training that which has been 3478
5160-determined by the board to be equivalent to the 1 -year residency 3479
5161-requirement.; 3480
5162- (e) Is at least 21 years of age .; 3481
5163- (f) Is of good moral character .; 3482
5164- (g) Has not committed any act in this or any other 3483
5165-jurisdiction which would constitute th e basis for disciplining a 3484
5166-physician under s. 458.331 .; 3485
5167- (h) For any applicant who has graduated from medical 3486
5168-school after October 1, 1992, has completed, before entering 3487
5169-medical school, the equivalent of 2 academic years of 3488
5170-preprofessional, postsecondary education, as determined by rule 3489
5171-of the board, which must include, at a minimum, courses in such 3490
5172-fields as anatomy, biology, and chemistry .; and 3491
5173- (i) Has been offered and has accepted a full -time faculty 3492
5174-appointment to teach in a program of medicine at any of the 3493
5175-following institutions : 3494
5176- 1. The University of Florida .; 3495
5177- 2. The University of Miami .; 3496
5178- 3. The University of South Florida .; 3497
5179- 4. The Florida State University .; 3498
5180- 5. The Florida International University .; 3499
5181- 6. The University of Central Florida .; 3500
5182-
5183-CS/CS/HB 1549 2024
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5185-
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5187-CODING: Words stricken are deletions; words underlined are additions.
5188-hb1549-02-c2
5189-Page 141 of 272
5190-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
5191-
5192-
5193-
5194- 7. The Mayo Clinic College of Medicine and Science in 3501
5195-Jacksonville, Florida .; 3502
5196- 8. The Florida Atlantic University .; 3503
5197- 9. The Johns Hopkins All Children's Hospital in St. 3504
5198-Petersburg, Florida.; 3505
5199- 10. Nova Southeastern University .; or 3506
5200- 11. Lake Erie College of Osteopathic Medicine. 3507
5201- (4) In any year, the maximum number of extended medical 3508
5202-faculty certificateholders as provided in subsection (2) may not 3509
5203-exceed 30 persons at each institution named in subparagraphs 3510
5204-(1)(i)1.-6., 8., and 9. and at the facilit y named in s. 1004.43 3511
5205-and may not exceed 10 persons at the institution named in 3512
5206-subparagraph (1)(i)7. 3513
5207- Section 44. Section 458.315, Florida Statutes, is amended 3514
5208-to read: 3515
5209- 458.315 Temporary certificate for practice in areas of 3516
5210-critical need.— 3517
5211- (1) A physician or physician assistant who is licensed to 3518
5212-practice in any jurisdiction of the United States and, whose 3519
5213-license is currently valid , and who pays an application fee of 3520
5214-$300 may be issued a temporary certificate for practice in areas 3521
5215-of critical need. A physician seeking such certificate must pay 3522
5216-an application fee of $300. 3523
5217- (2) A temporary certificate may be issued under this 3524
5218-section to a physician or physician assistant who will: 3525
5219-
5220-CS/CS/HB 1549 2024
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5222-
5223-
5224-CODING: Words stricken are deletions; words underlined are additions.
5225-hb1549-02-c2
5226-Page 142 of 272
5227-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
5228-
5229-
5230-
5231- (a) Will Practice in an area of critical need; 3526
5232- (b) Will Be employed by or practice in a county health 3527
5233-department; correctional facility; Department of Veterans' 3528
5234-Affairs clinic; community health center funded by s. 329, s. 3529
5235-330, or s. 340 of the United States Public Health Services Act; 3530
5236-or other agency or instit ution that is approved by the State 3531
5237-Surgeon General and provides health care services to meet the 3532
5238-needs of underserved populations in this state; or 3533
5239- (c) Will Practice for a limited time to address critical 3534
5240-physician-specialty, demographic, or geographic needs for this 3535
5241-state's physician workforce as determined by the State Surgeon 3536
5242-General. 3537
5243- (3) The board of Medicine may issue a this temporary 3538
5244-certificate under this section subject to with the following 3539
5245-restrictions: 3540
5246- (a) The State Surgeon General shall d etermine the areas of 3541
5247-critical need. Such areas include, but are not limited to, 3542
5248-health professional shortage areas designated by the United 3543
5249-States Department of Health and Human Services. 3544
5250- 1. A recipient of a temporary certificate for practice in 3545
5251-areas of critical need may use the certificate to work for any 3546
5252-approved entity in any area of critical need or as authorized by 3547
5253-the State Surgeon General. 3548
5254- 2. The recipient of a temporary certificate for practice 3549
5255-in areas of critical need shall, within 30 days a fter accepting 3550
5256-
5257-CS/CS/HB 1549 2024
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5259-
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5263-Page 143 of 272
5264-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
5265-
5266-
5267-
5268-employment, notify the board of all approved institutions in 3551
5269-which the licensee practices and of all approved institutions 3552
5270-where practice privileges have been denied , as applicable. 3553
5271- (b) The board may administer an abbreviated oral 3554
5272-examination to determine the physician's or physician 3555
5273-assistant's competency, but a written regular examination is not 3556
5274-required. Within 60 days after receipt of an application for a 3557
5275-temporary certificate, t he board shall review the application 3558
5276-and issue the temporary certificate, notify the applicant of 3559
5277-denial, or notify the applicant that the board recommends 3560
5278-additional assessment, training, education, or other 3561
5279-requirements as a condition of certification. If the applicant 3562
5280-has not actively practiced during the 3-year period immediately 3563
5281-preceding the application prior 3 years and the board determines 3564
5282-that the applicant may lack clinical competency, possess 3565
5283-diminished or inadequate skills, lack necessary medic al 3566
5284-knowledge, or exhibit patterns of deficits in clinical 3567
5285-decisionmaking, the board may: 3568
5286- 1. Deny the application; 3569
5287- 2. Issue a temporary certificate having reasonable 3570
5288-restrictions that may include, but are not limited to, a 3571
5289-requirement for the applicant to practice under the supervision 3572
5290-of a physician approved by the board; or 3573
5291- 3. Issue a temporary certificate upon receipt of 3574
5292-documentation confirming that the applicant has met any 3575
5293-
5294-CS/CS/HB 1549 2024
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5296-
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5298-CODING: Words stricken are deletions; words underlined are additions.
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5301-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
5302-
5303-
5304-
5305-reasonable conditions of the board which may include, but are 3576
5306-not limited to, completing continuing education or undergoing an 3577
5307-assessment of skills and training. 3578
5308- (c) Any certificate issued under this section is valid 3579
5309-only so long as the State Surgeon General determines that the 3580
5310-reason for which it was issued remains a critical need to the 3581
5311-state. The board of Medicine shall review each temporary 3582
5312-certificateholder at least not less than annually to ascertain 3583
5313-that the certificateholder is complying with the minimum 3584
5314-requirements of the Medical Practice Act and its adopted rules , 3585
5315-as applicable to the certificateholder are being complied with . 3586
5316-If it is determined that the certificateholder is not meeting 3587
5317-such minimum requirements are not being met, the board must 3588
5318-shall revoke such certificate or shall impose restrictions or 3589
5319-conditions, or both, as a condition of continued practice under 3590
5320-the certificate. 3591
5321- (d) The board may not issue a temporary certificate for 3592
5322-practice in an area of critical need to any physician or 3593
5323-physician assistant who is under investigation in any 3594
5324-jurisdiction in the United States for an act that would 3595
5325-constitute a violation of this chapter until such time as the 3596
5326-investigation is complete, at which time the provisions of s. 3597
5327-458.331 applies apply. 3598
5328- (4) The application fee and all licensure fees, including 3599
5329-neurological injury compensation assessments, are shall be 3600
5330-
5331-CS/CS/HB 1549 2024
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5333-
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5337-Page 145 of 272
5338-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
5339-
5340-
5341-
5342-waived for those persons obtaining a temporary certificate to 3601
5343-practice in areas of critical need for the purpose of providing 3602
5344-volunteer, uncompensated care for low -income residents. The 3603
5345-applicant must submi t an affidavit from the employing agency or 3604
5346-institution stating that the physician or physician assistant 3605
5347-will not receive any compensation for any health care services 3606
5348-provided by the applicant service involving the practice of 3607
5349-medicine. 3608
5350- Section 45. Section 458.317, Florida Statutes, is amended 3609
5351-to read: 3610
5352- 458.317 Limited licenses. — 3611
5353- (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS. — 3612
5354- (a) Any person desiring to obtain a limited license under 3613
5355-this subsection shall submit to the board an applicati on and fee 3614
5356-not to exceed $300 and demonstrate that he or she has been 3615
5357-licensed to practice medicine in any jurisdiction in the United 3616
5358-States for at least 10 years and intends to practice only 3617
5359-pursuant to the restrictions of a limited license granted 3618
5360-pursuant to this subsection section. However, a physician who is 3619
5361-not fully retired in all jurisdictions may use a limited license 3620
5362-only for noncompensated practice. If the person applying for a 3621
5363-limited license submits a statement from the employing agency or 3622
5364-institution stating that he or she will not receive compensation 3623
5365-for any service involving the practice of medicine, the 3624
5366-application fee and all licensure fees shall be waived. However, 3625
5367-
5368-CS/CS/HB 1549 2024
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5370-
5371-
5372-CODING: Words stricken are deletions; words underlined are additions.
5373-hb1549-02-c2
5374-Page 146 of 272
5375-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
5376-
5377-
5378-
5379-any person who receives a waiver of fees for a limited license 3626
5380-shall pay such fees if the person receives compensation for the 3627
5381-practice of medicine. 3628
5382- (b) If it has been more than 3 years since active practice 3629
5383-was conducted by the applicant, the full -time director of the 3630
5384-county health department or a licensed physician, approved by 3631
5385-the board, must shall supervise the applicant for a period of 6 3632
5386-months after he or she is granted a limited license under this 3633
5387-subsection for practice, unless the board determines that a 3634
5388-shorter period of supervision will be sufficient to ensure that 3635
5389-the applicant is qualified for licensure. Procedures for such 3636
5390-supervision must shall be established by the board. 3637
5391- (c) The recipient of a limited license under this 3638
5392-subsection may practice only in the employ of public agencies or 3639
5393-institutions or nonprofit agencies or institutions meeting the 3640
5394-requirements of s. 501(c)(3) of the Internal Revenue Code, which 3641
5395-agencies or institutions are located in the areas of critical 3642
5396-medical need as determined by the board. Determination of 3643
5397-medically underserved areas shall be made by the board after 3644
5398-consultation with the department of Health and statewide medical 3645
5399-organizations; however, such determination shall include, but 3646
5400-not be limited to, he alth professional shortage areas designated 3647
5401-by the United States Department of Health and Human Services. A 3648
5402-recipient of a limited license under this subsection may use the 3649
5403-license to work for any approved employer in any area of 3650
5404-
5405-CS/CS/HB 1549 2024
5406-
5407-
5408-
5409-CODING: Words stricken are deletions; words underlined are additions.
5410-hb1549-02-c2
5411-Page 147 of 272
5412-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
5413-
5414-
5415-
5416-critical need approved by the board. 3651
5417- (d) The recipient of a limited license shall, within 30 3652
5418-days after accepting employment, notify the board of all 3653
5419-approved institutions in which the licensee practices and of all 3654
5420-approved institutions where practice privileges have been 3655
5421-denied. 3656
5422- (e) This subsection does not limit Nothing herein limits 3657
5423-in any way any policy by the board, otherwise authorized by law, 3658
5424-to grant licenses to physicians duly licensed in other states 3659
5425-under conditions less restrictive than the requirements of this 3660
5426-subsection section. Notwithstanding the other provisions of this 3661
5427-subsection section, the board may refuse to authorize a 3662
5428-physician otherwise qualified to practice in the employ of any 3663
5429-agency or institution otherwise qualified if the agency or 3664
5430-institution has caused or permitted violations of the provisions 3665
5431-of this chapter which it knew or should have known were 3666
5432-occurring. 3667
5433- (f)(2) The board shall notify the director of the full -3668
5434-time local county health department of any county in which a 3669
5435-licensee intends to prac tice under the provisions of this 3670
5436-subsection act. The director of the full -time county health 3671
5437-department shall assist in the supervision of any licensee 3672
5438-within the county and shall notify the board which issued the 3673
5439-licensee his or her license if he or she becomes aware of any 3674
5440-actions by the licensee which would be grounds for revocation of 3675
5441-
5442-CS/CS/HB 1549 2024
5443-
5444-
5445-
5446-CODING: Words stricken are deletions; words underlined are additions.
5447-hb1549-02-c2
5448-Page 148 of 272
5449-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
5450-
5451-
5452-
5453-the limited license. The board shall establish procedures for 3676
5454-such supervision. 3677
5455- (g)(3) The board shall review the practice of each 3678
5456-licensee biennially to verify complia nce with the restrictions 3679
5457-prescribed in this subsection section and other applicable 3680
5458-provisions of this chapter. 3681
5459- (h)(4) Any person holding an active license to practice 3682
5460-medicine in this the state may convert that license to a limited 3683
5461-license under this subsection for the purpose of providing 3684
5462-volunteer, uncompensated care for low -income Floridians. The 3685
5463-applicant must submit a statement from the employing agency or 3686
5464-institution stating that he or she will not receive compensation 3687
5465-for any service involving th e practice of medicine. The 3688
5466-application fee and all licensure fees, including neurological 3689
5467-injury compensation assessments, are shall be waived for such 3690
5468-applicant. 3691
5469- (2) GRADUATE ASSISTANT PHYSICIANS. — A graduate assistant 3692
5470-physician is a medical school gra duate who meets the 3693
5471-requirements of this subsection and has obtained a limited 3694
5472-license from the board for the purpose of practicing temporarily 3695
5473-under the direct supervision of a physician who has a full, 3696
5474-active, and unencumbered license issued under this c hapter, 3697
5475-pending the graduate's entrance into a residency under the 3698
5476-National Resident Match Program. 3699
5477- (a) Any person desiring to obtain a limited license as a 3700
5478-
5479-CS/CS/HB 1549 2024
5480-
5481-
5482-
5483-CODING: Words stricken are deletions; words underlined are additions.
5484-hb1549-02-c2
5485-Page 149 of 272
5486-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
5487-
5488-
5489-
5490-graduate assistant physician must submit to the board an 3701
5491-application and demonstrate that he or s he meets all of the 3702
5492-following criteria: 3703
5493- 1. Is a graduate of an allopathic medical school or 3704
5494-allopathic college approved by an accrediting agency recognized 3705
5495-by the United States Department of Education. 3706
5496- 2. Has successfully passed all parts of the United States 3707
5497-Medical Licensing Examination. 3708
5498- 3. Has not received and accepted a residency match from 3709
5499-the National Resident Matching Program within the first year 3710
5500-following graduation from medical school. 3711
5501- (b) The board shall issue a graduate assistant physici an 3712
5502-limited license for a duration of 2 years to an applicant who 3713
5503-meets the requirements of paragraph (a) and all of the following 3714
5504-criteria: 3715
5505- 1. Is at least 21 years of age. 3716
5506- 2. Is of good moral character. 3717
5507- 3. Submits documentation that the applicant has agreed to 3718
5508-enter into a written protocol drafted by a physician with a 3719
5509-full, active, and unencumbered license issued under this chapter 3720
5510-upon the board's issuance of a limited license to the applicant 3721
5511-and submits a copy of the protocol. The board shall esta blish by 3722
5512-rule specific provisions that must be included in a physician -3723
5513-drafted protocol. 3724
5514- 4. Has not committed any act or offense in this or any 3725
5515-
5516-CS/CS/HB 1549 2024
5517-
5518-
5519-
5520-CODING: Words stricken are deletions; words underlined are additions.
5521-hb1549-02-c2
5522-Page 150 of 272
5523-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
5524-
5525-
5526-
5527-other jurisdiction which would constitute the basis for 3726
5528-disciplining a physician under s. 458.331. 3727
5529- 5. Has submitted to the department a set of fingerprints 3728
5530-on a form and under procedures specified by the department. 3729
5531- 6. The board may not certify to the department for limited 3730
5532-licensure under this subsection any applicant who is under 3731
5533-investigation in another jurisdiction for an offense which would 3732
5534-constitute a violation of this chapter or chapter 456 until such 3733
5535-investigation is completed. Upon completion of the 3734
5536-investigation, s. 458.331 applies. Furthermore, the department 3735
5537-may not issue a limited license to an y individual who has 3736
5538-committed any act or offense in any jurisdiction which would 3737
5539-constitute the basis for disciplining a physician under s. 3738
5540-458.331. If the board finds that an individual has committed an 3739
5541-act or offense in any jurisdiction which would cons titute the 3740
5542-basis for disciplining a physician under s. 458.331, the board 3741
5543-may enter an order imposing one of the following terms: 3742
5544- a. Refusal to certify to the department an application for 3743
5545-a graduate assistant physician limited license; or 3744
5546- b. Certification to the department of an application for a 3745
5547-graduate assistant physician limited license with restrictions 3746
5548-on the scope of practice of the licensee. 3747
5549- (c) A graduate assistant physician limited licensee may 3748
5550-apply for a one-time renewal of his or her lim ited license by 3749
5551-submitting a board-approved application, documentation of actual 3750
5552-
5553-CS/CS/HB 1549 2024
5554-
5555-
5556-
5557-CODING: Words stricken are deletions; words underlined are additions.
5558-hb1549-02-c2
5559-Page 151 of 272
5560-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
5561-
5562-
5563-
5564-practice under the required protocol during the initial limited 3751
5565-licensure period, and documentation of applications he or she 3752
5566-has submitted for accredited graduate medical edu cation training 3753
5567-programs. The one-time renewal terminates after 1 year. 3754
5568- (d) A limited licensed graduate assistant physician may 3755
5569-provide health care services only under the direct supervision 3756
5570-of a physician with a full, active, and unencumbered license 3757
5571-issued under this chapter. 3758
5572- (e) A physician must be approved by the board to supervise 3759
5573-a limited licensed graduate assistant physician. 3760
5574- (f) A physician may supervise no more than two graduate 3761
5575-assistant physicians with limited licenses. 3762
5576- (g) Supervision of limited licensed graduate assistant 3763
5577-physicians requires the physical presence of the supervising 3764
5578-physician at the location where the services are rendered. 3765
5579- (h) A physician-drafted protocol must specify the duties 3766
5580-and responsibilities of the limited lic ensed graduate assistant 3767
5581-physician according to criteria adopted by board rule. 3768
5582- (i) Each protocol that applies to a limited licensed 3769
5583-graduate assistant physician and his or her supervising 3770
5584-physician must ensure that: 3771
5585- 1. There is a process for the evaluation of the limited 3772
5586-licensed graduate assistant physicians' performance; and 3773
5587- 2. The delegation of any medical task or procedure is 3774
5588-within the supervising physician's scope of practice and 3775
5589-
5590-CS/CS/HB 1549 2024
5591-
5592-
5593-
5594-CODING: Words stricken are deletions; words underlined are additions.
5595-hb1549-02-c2
5596-Page 152 of 272
5597-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
5598-
5599-
5600-
5601-appropriate for the graduate assistant physician's level of 3776
5602-competency. 3777
5603- (j) A limited licensed graduate assistant physician's 3778
5604-prescriptive authority is governed by the physician -drafted 3779
5605-protocol and criteria adopted by the board and may not exceed 3780
5606-that of his or her supervising physician. Any prescriptions and 3781
5607-orders issued by the graduate assistant physician must identify 3782
5608-both the graduate assistant physician and the supervising 3783
5609-physician. 3784
5610- (k) A physician who supervises a graduate assistant 3785
5611-physician is liable for any acts or omissions of the graduate 3786
5612-assistant physician acting under the physician's supervision and 3787
5613-control. Third-party payors may reimburse employers of graduate 3788
5614-assistant physicians for covered services rendered by graduate 3789
5615-assistant physicians. 3790
5616- (3) RULES.—The board may adopt rules to implement this 3791
5617-section. 3792
5618- Section 46. Section 459.0075, Florida Statutes, is amended 3793
5619-to read: 3794
5620- 459.0075 Limited licenses. — 3795
5621- (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS. — 3796
5622- (a) Any person desiring to obtain a limited license under 3797
5623-this subsection must shall: 3798
5624- 1.(a) Submit to the board a licensure application and fee 3799
5625-required by this chapter. However, an osteopathic physician who 3800
5626-
5627-CS/CS/HB 1549 2024
5628-
5629-
5630-
5631-CODING: Words stricken are deletions; words underlined are additions.
5632-hb1549-02-c2
5633-Page 153 of 272
5634-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
5635-
5636-
5637-
5638-is not fully retired in all jurisdictions may use a limited 3801
5639-license only for noncompensated practice. If the person applying 3802
5640-for a limited license submits a statement from the employing 3803
5641-agency or institution stating that she or he will not receive 3804
5642-monetary compensation for any service involving the practice of 3805
5643-osteopathic medicine, the application fee and all licensure fees 3806
5644-shall be waived. However, any person who receives a waiver of 3807
5645-fees for a limited license must shall pay such fees if the 3808
5646-person receives compensation for the practice of osteopathic 3809
5647-medicine. 3810
5648- 2.(b) Submit proof that such osteopathic physician has 3811
5649-been licensed to practice osteopathic medicine in any 3812
5650-jurisdiction in the United States in good standing and pursuant 3813
5651-to law for at least 10 years. 3814
5652- 3.(c) Complete an amount of continuing education 3815
5653-established by the board. 3816
5654- (b)(2) If it has been more than 3 years since active 3817
5655-practice was conducted by the applicant, the full -time director 3818
5656-of the local county health department must shall supervise the 3819
5657-applicant for a period of 6 months after the applicant is 3820
5658-granted a limited license under this subsection to practice, 3821
5659-unless the board determines that a shorter period of supervision 3822
5660-will be sufficient to ensure that the applicant is qualified for 3823
5661-licensure under this subsection pursuant to this section . 3824
5662-Procedures for such supervision must shall be established by the 3825
5663-
5664-CS/CS/HB 1549 2024
5665-
5666-
5667-
5668-CODING: Words stricken are deletions; words underlined are additions.
5669-hb1549-02-c2
5670-Page 154 of 272
5671-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
5672-
5673-
5674-
5675-board. 3826
5676- (c)(3) The recipient of a limited license under this 3827
5677-subsection may practice only in the employ of public agencies or 3828
5678-institutions or nonprofit agencies or institutions meeting the 3829
5679-requirements of s. 501(c)(3) of the Internal Revenue Code, which 3830
5680-agencies or institutions are located in areas of critical 3831
5681-medical need or in medically underserved areas as determined 3832
5682-pursuant to 42 U.S.C. s. 300e -1(7). 3833
5683- (d)(4) The board shall notify the director of the full -3834
5684-time local county health department of any c ounty in which a 3835
5685-licensee intends to practice under the provisions of this 3836
5686-subsection section. The director of the full -time county health 3837
5687-department shall assist in the supervision of any licensee 3838
5688-within the her or his county and shall notify the board if she 3839
5689-or he becomes aware of any action by the licensee which would be 3840
5690-a ground for revocation of the limited license. The board shall 3841
5691-establish procedures for such supervision. 3842
5692- (e)(5) The State board of Osteopathic Medicine shall 3843
5693-review the practice of e ach licensee under this subsection 3844
5694-section biennially to verify compliance with the restrictions 3845
5695-prescribed in this subsection section and other provisions of 3846
5696-this chapter. 3847
5697- (f)(6) Any person holding an active license to practice 3848
5698-osteopathic medicine in this the state may convert that license 3849
5699-to a limited license under this subsection for the purpose of 3850
5700-
5701-CS/CS/HB 1549 2024
5702-
5703-
5704-
5705-CODING: Words stricken are deletions; words underlined are additions.
5706-hb1549-02-c2
5707-Page 155 of 272
5708-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
5709-
5710-
5711-
5712-providing volunteer, uncompensated care for low -income 3851
5713-Floridians. The applicant must submit a statement from the 3852
5714-employing agency or institution stating that she or he or she 3853
5715-will not receive compensation for any service involving the 3854
5716-practice of osteopat hic medicine. The application fee and all 3855
5717-licensure fees, including neurological injury compensation 3856
5718-assessments, are shall be waived for such applicant. 3857
5719- (2) GRADUATE ASSISTANT PHYSICIANS. — A graduate assistant 3858
5720-physician is a medical school graduate who meets the 3859
5721-requirements of this subsection and has obtained a limited 3860
5722-license from the board for the purpose of practicing temporarily 3861
5723-under the direct supervision of a physician who has a full, 3862
5724-active, and unencumbered license issued under this chapter, 3863
5725-pending the graduate's entrance into a residency under the 3864
5726-National Resident Match Program. 3865
5727- (a) Any person desiring to obtain a limited license as a 3866
5728-graduate assistant physician must submit to the board an 3867
5729-application and demonstrate that she or he meets a ll of the 3868
5730-following criteria: 3869
5731- 1. Is a graduate of a school or college of osteopathic 3870
5732-medicine approved by an accrediting agency recognized by the 3871
5733-United States Department of Education. 3872
5734- 2. Has successfully passed all parts of the examination 3873
5735-conducted by the National Board of Osteopathic Medical Examiners 3874
5736-or other examination approved by the board. 3875
5737-
5738-CS/CS/HB 1549 2024
5739-
5740-
5741-
5742-CODING: Words stricken are deletions; words underlined are additions.
5743-hb1549-02-c2
5744-Page 156 of 272
5745-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
5746-
5747-
5748-
5749- 3. Has not received and accepted a residency match from 3876
5750-the National Resident Matching Program within the first year 3877
5751-following graduation from medical scho ol. 3878
5752- (b) The board shall issue a graduate assistant physician 3879
5753-limited license for a duration of 2 years to an applicant who 3880
5754-meets the requirements of paragraph (a) and all of the following 3881
5755-criteria: 3882
5756- 1. Is at least 21 years of age. 3883
5757- 2. Is of good moral character. 3884
5758- 3. Submits documentation that the applicant has agreed to 3885
5759-enter into a written protocol drafted by a physician with a 3886
5760-full, active, and unencumbered license issued under this chapter 3887
5761-upon the board's issuance of a limited license to the applic ant, 3888
5762-and submits a copy of the protocol. The board shall establish by 3889
5763-rule specific provisions that must be included in a physician -3890
5764-drafted protocol. 3891
5765- 4. Has not committed any act or offense in this or any 3892
5766-other jurisdiction which would constitute the bas is for 3893
5767-disciplining a physician under s. 459.015. 3894
5768- 5. Has submitted to the department a set of fingerprints 3895
5769-on a form and under procedures specified by the department. 3896
5770- 6. The board may not certify to the department for limited 3897
5771-licensure under this subse ction any applicant who is under 3898
5772-investigation in another jurisdiction for an offense which would 3899
5773-constitute a violation of this chapter or chapter 456 until such 3900
5774-
5775-CS/CS/HB 1549 2024
5776-
5777-
5778-
5779-CODING: Words stricken are deletions; words underlined are additions.
5780-hb1549-02-c2
5781-Page 157 of 272
5782-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
5783-
5784-
5785-
5786-investigation is completed. Upon completion of the 3901
5787-investigation, s. 459.015 applies. Further more, the department 3902
5788-may not issue a limited license to any individual who has 3903
5789-committed any act or offense in any jurisdiction which would 3904
5790-constitute the basis for disciplining a physician under s. 3905
5791-459.015. If the board finds that an individual has commit ted an 3906
5792-act or offense in any jurisdiction which would constitute the 3907
5793-basis for disciplining a physician under s. 459.015, the board 3908
5794-may enter an order imposing one of the following terms: 3909
5795- a. Refusal to certify to the department an application for 3910
5796-a graduate assistant physician limited license; or 3911
5797- b. Certification to the department of an application for a 3912
5798-graduate assistant physician limited license with restrictions 3913
5799-on the scope of practice of the licensee. 3914
5800- (c) A graduate assistant physician limited l icensee may 3915
5801-apply for a one-time renewal of his or her limited license by 3916
5802-submitting a board-approved application, documentation of actual 3917
5803-practice under the required protocol during the initial limited 3918
5804-licensure period, and documentation of applications h e or she 3919
5805-has submitted for accredited graduate medical education training 3920
5806-programs. The one-time renewal terminates after 1 year. 3921
5807- (d) A limited licensed graduate assistant physician may 3922
5808-provide health care services only under the direct supervision 3923
5809-of a physician with a full, active, and unencumbered license 3924
5810-issued under this chapter. 3925
5811-
5812-CS/CS/HB 1549 2024
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5814-
5815-
5816-CODING: Words stricken are deletions; words underlined are additions.
5817-hb1549-02-c2
5818-Page 158 of 272
5819-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
5820-
5821-
5822-
5823- (e) A physician must be approved by the board to supervise 3926
5824-a limited licensed graduate assistant physician. 3927
5825- (f) A physician may supervise no more than two graduate 3928
5826-assistant physicians with limited licenses. 3929
5827- (g) Supervision of limited licensed graduate assistant 3930
5828-physicians requires the physical presence of the supervising 3931
5829-physician at the location where the services are rendered. 3932
5830- (h) A physician-drafted protocol must specify the duties 3933
5831-and responsibilities of the limited licensed graduate assistant 3934
5832-physician according to criteria adopted by board rule. 3935
5833- (i) Each protocol that applies to a limited licensed 3936
5834-graduate assistant physician and his or her supervising 3937
5835-physician must ensure that: 3938
5836- 1. There is a process for the evaluation of the limited 3939
5837-licensed graduate assistant physicians' performance; and 3940
5838- 2. The delegation of any medical task or procedure is 3941
5839-within the supervising physician's scope of practice and 3942
5840-appropriate for the graduate assistant physician's level of 3943
5841-competency. 3944
5842- (j) A limited licensed graduate assistant physician's 3945
5843-prescriptive authority is governed by the physician -drafted 3946
5844-protocol and criteria adopted by the board and may not exceed 3947
5845-that of his or her supervising physician. Any prescriptions and 3948
5846-orders issued by the graduate assistant physician must identify 3949
5847-both the graduate assistant physician and the supervising 3950
5848-
5849-CS/CS/HB 1549 2024
5850-
5851-
5852-
5853-CODING: Words stricken are deletions; words underlined are additions.
5854-hb1549-02-c2
5855-Page 159 of 272
5856-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
5857-
5858-
5859-
5860-physician. 3951
5861- (k) A physician who supervises a graduate assistant 3952
5862-physician is liable for any acts or omissions of the graduate 3953
5863-assistant physician acting under the physician's supervision and 3954
5864-control. Third-party payors may reimburse employers of graduate 3955
5865-assistant physicians for covered services rendered by graduate 3956
5866-assistant physicians . 3957
5867- (3) RULES.—The board may adopt rules to implement this 3958
5868-section. 3959
5869- Section 47. Section 459.0076, Florida Statutes, is amended 3960
4803+SECTION 12 3242
4804+POWERS AND DUTIES OF THE INTERSTATE COMMISSION 3243
4805+ 3244
4806+ The Interstate Commission has all of the following powers 3245
4807+and duties: 3246
4808+ (1) Overseeing and maintaining the admin istration of the 3247
4809+compact. 3248
4810+ (2) Adopting rules which shall be binding to the extent 3249
4811+and in the manner provided for in the compact. 3250
4812+
4813+CS/HB 1549 2024
4814+
4815+
4816+
4817+CODING: Words stricken are deletions; words underlined are additions.
4818+hb1549-01-c1
4819+Page 131 of 316
4820+FL 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
4821+
4822+
4823+
4824+ (3) Issuing, upon the request of a member state or member 3251
4825+board, advisory opinions concerning the meaning or 3252
4826+interpretation of the compact, its bylaws, rules, and actions. 3253
4827+ (4) Enforcing compliance with the compact, the rules 3254
4828+adopted by the Interstate Commission, and the bylaws, using all 3255
4829+necessary and proper means, including but not limited to the use 3256
4830+of judicial process. 3257
4831+ (5) Establishing and appointing committees, including, but 3258
4832+not limited to, an executive committee as required by section 3259
4833+10, which shall have the power to act on behalf of the 3260
4834+Interstate Commission in carrying out its powers and duties. 3261
4835+ (6) Paying for, or providing for the payment of the 3262
4836+expenses related to the establishment, organization, and ongoing 3263
4837+activities of the Interstate Commission. 3264
4838+ (7) Establishing and maintaining one or more offices; 3265
4839+ (8) Borrowing, accepting, hiring, or contracting for 3266
4840+services of personnel. 3267
4841+ (9) Purchasing and maintaining insurance and bonds. 3268
4842+ (10) Employing an executive director who shall have such 3269
4843+powers to employ, select or appoint employees, agents, or 3270
4844+consultants, and to determine their qualifications, define the ir 3271
4845+duties, and fix their compensation. 3272
4846+ (11) Establishing personnel policies and programs relating 3273
4847+to conflicts of interest, rates of compensation, and 3274
4848+qualifications of personnel. 3275
4849+
4850+CS/HB 1549 2024
4851+
4852+
4853+
4854+CODING: Words stricken are deletions; words underlined are additions.
4855+hb1549-01-c1
4856+Page 132 of 316
4857+FL 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
4858+
4859+
4860+
4861+ (12) Accepting donations and grants of money, equipment, 3276
4862+supplies, materials and services, and receiving, using, and 3277
4863+disposing of it in a manner consistent with the conflict of 3278
4864+interest policies established by the Interstate Commission. 3279
4865+ (13) Leasing, purchasing, accepting contributions or 3280
4866+donations of, or otherwise to owning , holding, improving, or 3281
4867+using, any property, real, personal, or mixed. 3282
4868+ (14) Selling, conveying, mortgaging, pledging, leasing, 3283
4869+exchanging, abandoning, or otherwise disposing of any property, 3284
4870+real, personal, or mixed. 3285
4871+ (15) Establishing a budget and mak ing expenditures. 3286
4872+ (16) Adopting a seal and bylaws governing the management 3287
4873+and operation of the Interstate Commission. 3288
4874+ (17) Reporting annually to the legislatures and governors 3289
4875+of the member states concerning the activities of the Interstate 3290
4876+Commission during the preceding year. Such reports must also 3291
4877+include reports of financial audits and any recommendations that 3292
4878+may have been adopted by the Interstate Commission. 3293
4879+ (18) Coordinating education, training, and public 3294
4880+awareness regarding the compact and its implementation and 3295
4881+operation; 3296
4882+ (19) Maintaining records in accordance with the bylaws. 3297
4883+ (20) Seeking and obtaining trademarks, copyrights, and 3298
4884+patents. 3299
4885+ (21) Performing any other functions necessary or 3300
4886+
4887+CS/HB 1549 2024
4888+
4889+
4890+
4891+CODING: Words stricken are deletions; words underlined are additions.
4892+hb1549-01-c1
4893+Page 133 of 316
4894+FL 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
4895+
4896+
4897+
4898+appropriate to achieve the purposes of the comp act. 3301
4899+ 3302
4900+SECTION 13 3303
4901+FINANCE POWERS 3304
4902+ 3305
4903+ (1) The Interstate Commission may levy on and collect an 3306
4904+annual assessment from each member state to cover the cost of 3307
4905+the operations and activities of the Interstate Commission and 3308
4906+its staff. The total assessment, subjec t to appropriation, must 3309
4907+be sufficient to cover the annual budget approved each year for 3310
4908+which revenue is not provided by other sources. The aggregate 3311
4909+annual assessment amount must be allocated upon a formula to be 3312
4910+determined by the Interstate Commission, which shall adopt a 3313
4911+rule binding upon all member states. 3314
4912+ (2) The Interstate Commission may not incur obligations of 3315
4913+any kind prior to securing the funds adequate to meet the same. 3316
4914+ (3) The Interstate Commission may not pledge the credit of 3317
4915+any of the member states, except by, and with the authority of, 3318
4916+the member state. 3319
4917+ (4) The Interstate Commission is subject to an annual 3320
4918+financial audit conducted by a certified or licensed public 3321
4919+accountant and the report of the audit must be included in the 3322
4920+annual report of the Interstate Commission. 3323
4921+ 3324
4922+SECTION 14 3325
4923+
4924+CS/HB 1549 2024
4925+
4926+
4927+
4928+CODING: Words stricken are deletions; words underlined are additions.
4929+hb1549-01-c1
4930+Page 134 of 316
4931+FL 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
4932+
4933+
4934+
4935+ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 3326
4936+ 3327
4937+ (1) The Interstate Commission shall, by a majority of 3328
4938+commissioners present and voting, adopt bylaws to govern its 3329
4939+conduct as may be necessary or app ropriate to carry out the 3330
4940+purposes of the compact within 12 months after the first 3331
4941+Interstate Commission meeting. 3332
4942+ (2) The Interstate Commission shall elect or appoint 3333
4943+annually from among its commissioners a chairperson, a vice -3334
4944+chairperson, and a treasure r, each of whom shall have such 3335
4945+authority and duties as may be specified in the bylaws. The 3336
4946+chairperson, or in the chairperson's absence or disability, the 3337
4947+vice-chairperson, shall preside at all meetings of the 3338
4948+Interstate Commission. 3339
4949+ (3) Officers selecte d pursuant to subsection (2) shall 3340
4950+serve without remuneration from the Interstate Commission. 3341
4951+ (4) The officers and employees of the Interstate 3342
4952+Commission are immune from suit and liability, either personally 3343
4953+or in their official capacity, for a claim for damage to or loss 3344
4954+of property or personal injury or other civil liability caused 3345
4955+or arising out of, or relating to, an actual or alleged act, 3346
4956+error, or omission that occurred, or that such person had a 3347
4957+reasonable basis for believing occurred, within the s cope of 3348
4958+Interstate Commission employment, duties, or responsibilities; 3349
4959+provided that such person is not protected from suit or 3350
4960+
4961+CS/HB 1549 2024
4962+
4963+
4964+
4965+CODING: Words stricken are deletions; words underlined are additions.
4966+hb1549-01-c1
4967+Page 135 of 316
4968+FL 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
4969+
4970+
4971+
4972+liability for damage, loss, injury, or liability caused by the 3351
4973+intentional or willful and wanton misconduct of such person. 3352
4974+ (a) The liability of the executive director and employees 3353
4975+of the Interstate Commission or representatives of the 3354
4976+Interstate Commission, acting within the scope of such person's 3355
4977+employment or duties for acts, errors, or omissions occurring 3356
4978+within such person's state, may not exceed the limits of 3357
4979+liability set forth under the constitution and laws of that 3358
4980+state for state officials, employees, and agents. The Interstate 3359
4981+Commission is considered to be an instrumentality of the states 3360
4982+for the purposes of any such a ction. This subsection does not 3361
4983+protect such person from suit or liability for damage, loss, 3362
4984+injury, or liability caused by the intentional or willful and 3363
4985+wanton misconduct of such person. 3364
4986+ (b) The Interstate Commission shall defend the executive 3365
4987+director and its employees, and subject to the approval of the 3366
4988+attorney general or other appropriate legal counsel of the 3367
4989+member state represented by an Interstate Commission 3368
4990+representative, shall defend such persons in any civil action 3369
4991+seeking to impose liability arising out of an actual or alleged 3370
4992+act, error or omission that occurred within the scope of 3371
4993+Interstate Commission employment, duties, or responsibilities, 3372
4994+or that the defendant had a reasonable basis for believing 3373
4995+occurred within the scope of Interstate Commission employment, 3374
4996+duties, or responsibilities, provided that the actual or alleged 3375
4997+
4998+CS/HB 1549 2024
4999+
5000+
5001+
5002+CODING: Words stricken are deletions; words underlined are additions.
5003+hb1549-01-c1
5004+Page 136 of 316
5005+FL 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
5006+
5007+
5008+
5009+act, error, or omission did not result from intentional or 3376
5010+willful and wanton misconduct on the part of such person. 3377
5011+ (c) To the extent not covered by the state involv ed, the 3378
5012+member state, or the Interstate Commission, the representatives 3379
5013+or employees of the Interstate Commission must be held harmless 3380
5014+in the amount of a settlement or judgment, including attorney 3381
5015+fees and costs, obtained against such persons arising out of an 3382
5016+actual or alleged act, error, or omission that occurred within 3383
5017+the scope of Interstate Commission employment, duties, or 3384
5018+responsibilities, or that such persons had a reasonable basis 3385
5019+for believing occurred within the scope of Interstate Commission 3386
5020+employment, duties, or responsibilities, provided that the 3387
5021+actual or alleged act, error, or omission did not result from 3388
5022+intentional or willful and wanton misconduct on the part of such 3389
5023+persons. 3390
5024+ 3391
5025+SECTION 15 3392
5026+RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 3393
5027+ 3394
5028+ (1) The Interstate Commission shall adopt reasonable rules 3395
5029+in order to effectively and efficiently achieve the purposes of 3396
5030+the compact. However, in the event the Interstate Commission 3397
5031+exercises its rulemaking authority in a manner that is beyond 3398
5032+the scope of the purposes of the compact, or the powers granted 3399
5033+hereunder, then such an action by the Interstate Commission is 3400
5034+
5035+CS/HB 1549 2024
5036+
5037+
5038+
5039+CODING: Words stricken are deletions; words underlined are additions.
5040+hb1549-01-c1
5041+Page 137 of 316
5042+FL 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
5043+
5044+
5045+
5046+invalid and has no force or effect. 3401
5047+ (2) Rules deemed appropriate for the operations of the 3402
5048+Interstate Commission must be made pursuant to a rulemaking 3403
5049+process that substantially conforms to the "Model State 3404
5050+Administrative Procedure Act" of 2010, and subsequent amendments 3405
5051+thereto. 3406
5052+ (3) Not later than 30 days after a rule is adopted, any 3407
5053+person may file a petition for judicial review of th e rule in 3408
5054+the United States District Court for the District of Columbia or 3409
5055+the federal district where the Interstate Commission has its 3410
5056+principal offices, provided that the filing of such a petition 3411
5057+does not stay or otherwise prevent the rule from becoming 3412
5058+effective unless the court finds that the petitioner has a 3413
5059+substantial likelihood of success. The court must give deference 3414
5060+to the actions of the Interstate Commission consistent with 3415
5061+applicable law and does not find the rule to be unlawful if the 3416
5062+rule represents a reasonable exercise of the authority granted 3417
5063+to the Interstate Commission. 3418
5064+ 3419
5065+SECTION 16 3420
5066+OVERSIGHT OF INTERSTATE COMPACT 3421
5067+ 3422
5068+ (1) The executive, legislative, and judicial branches of 3423
5069+state government in each member state shall enforce the Compact 3424
5070+and shall take all actions necessary and appropriate to 3425
5071+
5072+CS/HB 1549 2024
5073+
5074+
5075+
5076+CODING: Words stricken are deletions; words underlined are additions.
5077+hb1549-01-c1
5078+Page 138 of 316
5079+FL 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
5080+
5081+
5082+
5083+effectuate the compact's purposes and intent. The compact and 3426
5084+the rules adopted hereunder has standing as statutory law but 3427
5085+may not override existing state authority to regulate the 3428
5086+practice of medicine . 3429
5087+ (2) All courts shall take judicial notice of the compact 3430
5088+and the rules in any judicial or administrative proceeding in a 3431
5089+member state pertaining to the subject matter of the compact 3432
5090+which may affect the powers, responsibilities or actions of the 3433
5091+Interstate Commission. 3434
5092+ (3) The Interstate Commission is entitled to receive all 3435
5093+service of process in any such proceeding, and shall have 3436
5094+standing to intervene in the proceeding for all purposes. 3437
5095+Failure to provide service of process to the Interstate 3438
5096+Commission shall render a judgment or order void as to the 3439
5097+Interstate Commission, the compact, or adopted rules, as 3440
5098+applicable. 3441
5099+ 3442
5100+SECTION 17 3443
5101+ENFORCEMENT OF INTERSTATE COMPACT 3444
5102+ 3445
5103+ (1) The Interstate Commission, in the reasonable exercise 3446
5104+of its discretion, shall enfo rce the provisions and rules of the 3447
5105+Compact. 3448
5106+ (2) The Interstate Commission may, by majority vote of the 3449
5107+commissioners, initiate legal action in the United States 3450
5108+
5109+CS/HB 1549 2024
5110+
5111+
5112+
5113+CODING: Words stricken are deletions; words underlined are additions.
5114+hb1549-01-c1
5115+Page 139 of 316
5116+FL 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
5117+
5118+
5119+
5120+District Court for the District of Columbia, or, at the 3451
5121+discretion of the Interstate Commiss ion, in the federal district 3452
5122+where the Interstate Commission has its principal offices, to 3453
5123+enforce compliance with the provisions of the compact, and its 3454
5124+adopted rules and bylaws, against a member state in default. The 3455
5125+relief sought may include both injunc tive relief and damages. In 3456
5126+the event judicial enforcement is necessary, the prevailing 3457
5127+party must be awarded all costs of such litigation including 3458
5128+reasonable attorney fees. 3459
5129+ (3) The remedies herein are not the exclusive remedies of 3460
5130+the Interstate Commis sion. The Interstate Commission may avail 3461
5131+itself of any other remedies available under state law or the 3462
5132+regulation of a profession. 3463
5133+ 3464
5134+SECTION 18 3465
5135+DEFAULT PROCEDURES 3466
5136+ 3467
5137+ (1) The grounds for default include, but are not limited 3468
5138+to, failure of a member state to perform such obligations or 3469
5139+responsibilities imposed upon it by the compact, or the rules 3470
5140+and bylaws of the Interstate Commission adopted under the 3471
5141+compact. 3472
5142+ (2) If the Interstate Commission determines that a member 3473
5143+state has defaulted in the performance of its obligations or 3474
5144+responsibilities under the compact, or the bylaws or adopted 3475
5145+
5146+CS/HB 1549 2024
5147+
5148+
5149+
5150+CODING: Words stricken are deletions; words underlined are additions.
5151+hb1549-01-c1
5152+Page 140 of 316
5153+FL 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
5154+
5155+
5156+
5157+rules, the Interstate Commission shall: 3476
5158+ (a) Provide written notice to the defaulting state and 3477
5159+other member states, of the nature of the default, the means of 3478
5160+curing the default, and any action taken by the Interstate 3479
5161+Commission. The Interstate Commission shall specify the 3480
5162+conditions by which the defaulting state must cure its default; 3481
5163+and 3482
5164+ (b) Provide remedial training and specific technical 3483
5165+assistance regarding the defau lt. 3484
5166+ (3) If the defaulting state fails to cure the default, the 3485
5167+defaulting state may be terminated from the compact upon an 3486
5168+affirmative vote of a majority of the commissioners and all 3487
5169+rights, privileges, and benefits conferred by the compact shall 3488
5170+terminate on the effective date of the termination. A cure of 3489
5171+the default does not relieve the offending state of obligations 3490
5172+or liabilities incurred during the period of the default. 3491
5173+ (4) Termination of membership in the compact must be 3492
5174+imposed only after all o ther means of securing compliance have 3493
5175+been exhausted. Notice of intent to terminate must be given by 3494
5176+the Interstate Commission to the governor, the majority and 3495
5177+minority leaders of the defaulting state's legislature, and each 3496
5178+of the member states. 3497
5179+ (5) The Interstate Commission shall establish rules and 3498
5180+procedures to address licenses and physicians that are 3499
5181+materially impacted by the termination of a member state, or the 3500
5182+
5183+CS/HB 1549 2024
5184+
5185+
5186+
5187+CODING: Words stricken are deletions; words underlined are additions.
5188+hb1549-01-c1
5189+Page 141 of 316
5190+FL 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
5191+
5192+
5193+
5194+withdrawal of a member state. 3501
5195+ (6) The member state which has been terminated is 3502
5196+responsible for all dues, obligations, and liabilities incurred 3503
5197+through the effective date of termination, including 3504
5198+obligations, the performance of which extends beyond the 3505
5199+effective date of termination. 3506
5200+ (7) The Interstate Commission shall not bear any costs 3507
5201+relating to any state that has been found to be in default or 3508
5202+which has been terminated from the compact, unless otherwise 3509
5203+mutually agreed upon in writing between the Interstate 3510
5204+Commission and the defaulting state. 3511
5205+ (8) The defaulting state may appe al the action of the 3512
5206+Interstate Commission by petitioning the United States District 3513
5207+Court for the District of Columbia or the federal district where 3514
5208+the Interstate Commission has its principal offices. The 3515
5209+prevailing party must be awarded all costs of suc h litigation 3516
5210+including reasonable attorney's fees. 3517
5211+ 3518
5212+SECTION 19 3519
5213+DISPUTE RESOLUTION 3520
5214+ 3521
5215+ (1) The Interstate Commission shall attempt, upon the 3522
5216+request of a member state, to resolve disputes that are subject 3523
5217+to the compact and that may arise among member states or member 3524
5218+boards. 3525
5219+
5220+CS/HB 1549 2024
5221+
5222+
5223+
5224+CODING: Words stricken are deletions; words underlined are additions.
5225+hb1549-01-c1
5226+Page 142 of 316
5227+FL 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
5228+
5229+
5230+
5231+ (2) The Interstate Commission shall adopt rules providing 3526
5232+for both mediation and binding dispute resolution as 3527
5233+appropriate. 3528
5234+ 3529
5235+SECTION 20 3530
5236+MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 3531
5237+ 3532
5238+ (1) Any state is eligible to become a member state o f the 3533
5239+compact. 3534
5240+ (2) The Compact shall become effective and binding upon 3535
5241+legislative enactment of the compact into law by no less than 7 3536
5242+states. Thereafter, it becomes effective and binding on a state 3537
5243+upon enactment of the compact into law by that state. 3538
5244+ (3) The governors of nonmember states, or their designees, 3539
5245+must be invited to participate in the activities of the 3540
5246+Interstate Commission on a nonvoting basis before adoption of 3541
5247+the compact by all states. 3542
5248+ (4) The Interstate Commission may propose amendme nts to 3543
5249+the compact for enactment by the member states. An amendment 3544
5250+does not become effective and binding upon the Interstate 3545
5251+Commission and the member states unless and until it is enacted 3546
5252+into law by unanimous consent of the member states. 3547
5253+ 3548
5254+SECTION 21 3549
5255+WITHDRAWAL 3550
5256+
5257+CS/HB 1549 2024
5258+
5259+
5260+
5261+CODING: Words stricken are deletions; words underlined are additions.
5262+hb1549-01-c1
5263+Page 143 of 316
5264+FL 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
5265+
5266+
5267+
5268+ 3551
5269+ (1) Once effective, the compact shall continue in force 3552
5270+and remain binding upon each and every member state. However, a 3553
5271+member state may withdraw from the compact by specifically 3554
5272+repealing the statute which enacted the Compact into law. 3555
5273+ (2) Withdrawal from the compact must be made by the 3556
5274+enactment of a statute repealing the same, but the withdrawal 3557
5275+may not take effect until one year after the effective date of 3558
5276+such statute and until written notice of the withdrawal has been 3559
5277+given by the withdrawing state to the governor of each other 3560
5278+member state. 3561
5279+ (3) The withdrawing state shall immediately notify the 3562
5280+chairperson of the Interstate Commission in writing upon the 3563
5281+introduction of legislation repealing the compact in the 3564
5282+withdrawing state. 3565
5283+ (4) The Interstate Commission shall notify the other 3566
5284+member states of the withdrawing state's intent to withdraw 3567
5285+within 60 days after the receipt of notice provided under 3568
5286+subsection (3). 3569
5287+ (5) The withdrawing state is responsible for all dues, 3570
5288+obligations, and liabilities incurred through the effective date 3571
5289+of withdrawal, including obligations, the performance of which 3572
5290+extend beyond the effective date of withdrawal. 3573
5291+ (6) Reinstatement following withdrawal of a member state 3574
5292+shall occur upon the withdrawing stat e reenacting the compact or 3575
5293+
5294+CS/HB 1549 2024
5295+
5296+
5297+
5298+CODING: Words stricken are deletions; words underlined are additions.
5299+hb1549-01-c1
5300+Page 144 of 316
5301+FL 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
5302+
5303+
5304+
5305+upon such later date as determined by the Interstate Commission. 3576
5306+ (7) The Interstate Commission may develop rules to address 3577
5307+the impact of the withdrawal of a member state on licenses 3578
5308+granted in other member states to physician s who designated the 3579
5309+withdrawing member state as the state of principal license. 3580
5310+ 3581
5311+SECTION 22 3582
5312+DISSOLUTION 3583
5313+ 3584
5314+ (1) The compact shall dissolve effective upon the date of 3585
5315+the withdrawal or default of the member state which reduces the 3586
5316+membership in the compact to one member state. 3587
5317+ (2) Upon the dissolution of the compact, the compact 3588
5318+becomes null and void and shall be of no further force or 3589
5319+effect, and the business and affairs of the Interstate 3590
5320+Commission must be concluded, and surplus funds of the 3591
5321+Interstate Commission must be distributed in accordance with the 3592
5322+bylaws. 3593
5323+ 3594
5324+SECTION 23 3595
5325+SEVERABILITY AND CONSTRUCTION 3596
5326+ 3597
5327+ (1) The provisions of the compact are be severable, and if 3598
5328+any phrase, clause, sentence, or provision is deemed 3599
5329+unenforceable, the remaining provision s of the compact remain 3600
5330+
5331+CS/HB 1549 2024
5332+
5333+
5334+
5335+CODING: Words stricken are deletions; words underlined are additions.
5336+hb1549-01-c1
5337+Page 145 of 316
5338+FL 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
5339+
5340+
5341+
5342+enforceable. 3601
5343+ (2) The provisions of the compact must be liberally 3602
5344+construed to effectuate its purposes. 3603
5345+ (3) The compact does not prohibit the applicability of 3604
5346+other interstate compacts to which the states are members. 3605
5347+ 3606
5348+SECTION 24 3607
5349+BINDING EFFECT OF COMPACT AND OTHER LAWS 3608
5350+ 3609
5351+ (1) Nothing herein prevents the enforcement of any other 3610
5352+law of a member state which is not inconsistent with the 3611
5353+Compact. 3612
5354+ (2) All laws in a member state in conflict with the 3613
5355+Compact are superseded to the exte nt of the conflict. 3614
5356+ (3) All lawful actions of the Interstate Commission, 3615
5357+including all rules and bylaws adopted by the commission, are 3616
5358+binding upon the member states. 3617
5359+ (4) All agreements between the Interstate Commission and 3618
5360+the member states are bindin g in accordance with their terms. 3619
5361+ (5) In the event any provision of the compact exceeds the 3620
5362+constitutional limits imposed on the legislature of any member 3621
5363+state, such provision is ineffective to the extent of the 3622
5364+conflict with the constitutional provisio n in question in that 3623
5365+member state. 3624
5366+ Section 40. Section 456.4502, Florida Statutes, is created 3625
5367+
5368+CS/HB 1549 2024
5369+
5370+
5371+
5372+CODING: Words stricken are deletions; words underlined are additions.
5373+hb1549-01-c1
5374+Page 146 of 316
5375+FL 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
5376+
5377+
5378+
5379+to read: 3626
5380+ 456.4502 Interstate Medical Licensure Compact; 3627
5381+disciplinary proceedings. —A physician licensed pursuant to 3628
5382+chapter 458, chapter 459, or s. 456.4501 whose license is 3629
5383+suspended or revoked by this state pursuant to the Interstate 3630
5384+Medical Licensure Compact as a result of disciplinary action 3631
5385+taken against the physician's license in another state must be 3632
5386+granted a formal hearing before an administrative la w judge from 3633
5387+the Division of Administrative Hearings held pursuant to chapter 3634
5388+120 if there are any disputed issues of material fact. In such 3635
5389+proceedings: 3636
5390+ (1) Notwithstanding s. 120.569(2), the department shall 3637
5391+notify the division within 45 days after receipt of a petition 3638
5392+or request for a formal hearing. 3639
5393+ (2) The determination of whether the physician has 3640
5394+violated the laws and rules regulating the practice of medicine 3641
5395+or osteopathic medicine, as applicable, including a 3642
5396+determination of the reasonable standard of care, is a 3643
5397+conclusion of law that is to be determined by appropriate board, 3644
5398+and is not a finding of fact to be determined by an 3645
5399+administrative law judge. 3646
5400+ (3) The administrative law judge shall issue a recommended 3647
5401+order pursuant to chapter 120 . 3648
5402+ (4) The Board of Medicine or the Board of Osteopathic 3649
5403+Medicine, as applicable, shall determine and issue the final 3650
5404+
5405+CS/HB 1549 2024
5406+
5407+
5408+
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5410+hb1549-01-c1
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5412+FL 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
5413+
5414+
5415+
5416+order in each disciplinary case. Such order shall constitute 3651
5417+final agency action. 3652
5418+ (5) Any consent order or agreed -upon settlement is su bject 3653
5419+to the approval of the department. 3654
5420+ (6) The department shall have standing to seek judicial 3655
5421+review of any final order of the board, pursuant to s. 120.68. 3656
5422+ Section 41. Section 456.4504, Florida Statutes, is created 3657
5423+to read: 3658
5424+ 456.4504 Interstate Medical Licensure Compact Rules. —The 3659
5425+department may adopt rules to implement the Interstate Medical 3660
5426+Licensure Compact. 3661
5427+ Section 42. The provisions of the Interstate Medical 3662
5428+Licensure Compact do not authorize the Department of Health, the 3663
5429+Board of Medicine, or the Board of Osteopathic Medicine to 3664
5430+collect a fee for expedited licensure, but rather state that 3665
5431+such fees are allowable under the compact. The Department of 3666
5432+Health, the Board of Medicine, and the Board of Osteopathic 3667
5433+Medicine must comply with the requirements of s. 456.025. 3668
5434+ Section 43. Paragraph (c) of subsection (2) of section 3669
5435+457.105, Florida Statutes, is amended to read: 3670
5436+ 457.105 Licensure qualifications and fees. — 3671
5437+ (2) A person may become licensed to practice acupuncture 3672
5438+if the person applies to the department and: 3673
5439+ (c) Has successfully completed a board -approved national 3674
5440+certification process, meets the requirements for licensure by 3675
5441+
5442+CS/HB 1549 2024
5443+
5444+
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5449+FL 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
5450+
5451+
5452+
5453+endorsement in s. 456.0145 is actively licensed in a state that 3676
5454+has examination requirements that are subs tantially equivalent 3677
5455+to or more stringent than those of this state , or passes an 3678
5456+examination administered by the department, which examination 3679
5457+tests the applicant's competency and knowledge of the practice 3680
5458+of acupuncture and oriental medicine. At the reque st of any 3681
5459+applicant, oriental nomenclature for the points shall be used in 3682
5460+the examination. The examination shall include a practical 3683
5461+examination of the knowledge and skills required to practice 3684
5462+modern and traditional acupuncture and oriental medicine, 3685
5463+covering diagnostic and treatment techniques and procedures; and 3686
5464+ Section 44. Subsections (3) through (8) of section 3687
5465+458.311, Florida Statutes, are renumbered as subsections (4) 3688
5466+through (9), respectively, paragraph (f) of subsection (1) and 3689
5467+present subsections (3) and (5) are amended, and a new 3690
5468+subsection (3) is added to that section, to read: 3691
5469+ 458.311 Licensure by examination; requirements; fees. — 3692
5470+ (1) Any person desiring to be licensed as a physician, who 3693
5471+does not hold a valid license in any state, shal l apply to the 3694
5472+department on forms furnished by the department. The department 3695
5473+shall license each applicant who the board certifies: 3696
5474+ (f) Meets one of the following medical education and 3697
5475+postgraduate training requirements: 3698
5476+ 1.a. Is a graduate of an allop athic medical school or 3699
5477+allopathic college recognized and approved by an accrediting 3700
5478+
5479+CS/HB 1549 2024
5480+
5481+
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5486+FL 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
5487+
5488+
5489+
5490+agency recognized by the United States Office of Education or is 3701
5491+a graduate of an allopathic medical school or allopathic college 3702
5492+within a territorial jurisdiction of the United States 3703
5493+recognized by the accrediting agency of the governmental body of 3704
5494+that jurisdiction; 3705
5495+ b. If the language of instruction of the medical school is 3706
5496+other than English, has demonstrated competency in English 3707
5497+through presentation of a satisfactory grade on the Test of 3708
5498+Spoken English of the Educational Testing Service or a similar 3709
5499+test approved by rule of the board; and 3710
5500+ c. Has completed an approved residency of at least 1 year. 3711
5501+ 2.a. Is a graduate of an allopathic foreign medical school 3712
5502+registered with the World Health Organization and certified 3713
5503+pursuant to s. 458.314 as having met the standards required to 3714
5504+accredit medical schools in the United States or reasonably 3715
5505+comparable standards; 3716
5506+ b. If the language of instruction of the foreign medical 3717
5507+school is other than English, has demonstrated competency in 3718
5508+English through presentation of the Educational Commission for 3719
5509+Foreign Medical Graduates English proficiency certificate or by 3720
5510+a satisfactory grade on the Test of Spoken English of the 3721
5511+Educational Testing Service or a similar test approved by rule 3722
5512+of the board; and 3723
5513+ c. Has completed an approved residency of at least 1 year. 3724
5514+ 3.a. Is a graduate of an allopathic foreign medical school 3725
5515+
5516+CS/HB 1549 2024
5517+
5518+
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5523+FL 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
5524+
5525+
5526+
5527+which has not been certified pursuant to s. 458.314 and has not 3726
5528+been excluded from consideration under s. 458.314(8) ; 3727
5529+ b. Has had his or her medical credentials evaluated by the 3728
5530+Educational Commission for Foreign Medical Graduates, holds an 3729
5531+active, valid certificate issued by that commission, and has 3730
5532+passed the examination utilized by that commission; and 3731
5533+ c. Has completed an approved residency of at least 1 year; 3732
5534+however, after October 1, 1992, the applicant shall have 3733
5535+completed an approved residency or fellowship of at least 2 3734
5536+years in one specialty area. However, t o be acceptable, the 3735
5537+fellowship experience and training must be counted toward 3736
5538+regular or subspecialty certification by a board recognized and 3737
5539+certified by the American Board of Medical Specialties. 3738
5540+ (3) Notwithstanding sub -subparagraphs (1)(f)2.c. and 3. c., 3739
5541+a graduate of a foreign medical school that has not been 3740
5542+excluded from consideration under s. 458.314(8) is not required 3741
5543+to complete an approved residency if he or she meets all of the 3742
5544+following criteria: 3743
5545+ (a) Has an active, unencumbered license to pr actice 3744
5546+medicine in a foreign country. 3745
5547+ (b) Has actively practiced medicine in the 4 -year period 3746
5548+preceding the date of the submission of a licensure application. 3747
5549+ (c) Has completed a residency or substantially similar 3748
5550+postgraduate medical training in a co untry recognized by his or 3749
5551+her licensing jurisdiction. 3750
5552+
5553+CS/HB 1549 2024
5554+
5555+
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5560+FL 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
5561+
5562+
5563+
5564+ (d) Has an offer for full -time employment as a physician 3751
5565+from a health care provider that operates in this state. 3752
5566+ 3753
5567+A physician licensed after meeting the requirements of this 3754
5568+subsection must maintain his or her employment with the original 3755
5569+employer under paragraph (d) or with another health care 3756
5570+provider that operates in this state, at a location within this 3757
5571+state, for at least 2 consecutive years after licensure, in 3758
5572+accordance with rules adopted by t he board. Such physician must 3759
5573+notify the board within 5 business days after any change of 3760
5574+employer. 3761
5575+ (4)(3) Notwithstanding the provisions of subparagraph 3762
5576+(1)(f)3., a graduate of a foreign medical school that has not 3763
5577+been excluded from consideration under s. 458.314(8) need not 3764
5578+present the certificate issued by the Educational Commission for 3765
5579+Foreign Medical Graduates or pass the examination utilized by 3766
5580+that commission if the graduate: 3767
5581+ (a) Has received a bachelor's degree from an accredited 3768
5582+United States college or university. 3769
5583+ (b) Has studied at a medical school which is recognized by 3770
5584+the World Health Organization. 3771
5585+ (c) Has completed all of the formal requirements of the 3772
5586+foreign medical school, except the internship or social service 3773
5587+requirements, and has passed part I of the National Board of 3774
5588+Medical Examiners examination or the Educational Commission for 3775
5589+
5590+CS/HB 1549 2024
5591+
5592+
5593+
5594+CODING: Words stricken are deletions; words underlined are additions.
5595+hb1549-01-c1
5596+Page 152 of 316
5597+FL 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
5598+
5599+
5600+
5601+Foreign Medical Graduates examination equivalent. 3776
5602+ (d) Has completed an academic year of supervised clinical 3777
5603+training in a hospital affiliated with a medical school approved 3778
5604+by the Council on Medical Education of the American Medical 3779
5605+Association and upon completion has passed part II of the 3780
5606+National Board of Medical Examiners examination or the 3781
5607+Educational Commission for Foreign Medical Graduates exami nation 3782
5608+equivalent. 3783
5609+ (6)(5) The board may not certify to the department for 3784
5610+licensure any applicant who is under investigation in another 3785
5611+jurisdiction for an offense which would constitute a violation 3786
5612+of this chapter until such investigation is completed. Upon 3787
5613+completion of the investigation, the provisions of s. 458.331 3788
5614+shall apply. Furthermore, the department may not issue an 3789
5615+unrestricted license to any individual who has committed any act 3790
5616+or offense in any jurisdiction which would constitute the basis 3791
5617+for disciplining a physician pursuant to s. 458.331. When the 3792
5618+board finds that an individual has committed an act or offense 3793
5619+in any jurisdiction which would constitute the basis for 3794
5620+disciplining a physician pursuant to s. 458.331, then the board 3795
5621+may enter an order imposing one or more of the terms set forth 3796
5622+in subsection (9) (8). 3797
5623+ Section 45. Section 458.3124, Florida Statutes, is 3798
5624+repealed. 3799
5625+ Section 46. Section 458.313, Florida Statutes, is amended 3800
5626+
5627+CS/HB 1549 2024
5628+
5629+
5630+
5631+CODING: Words stricken are deletions; words underlined are additions.
5632+hb1549-01-c1
5633+Page 153 of 316
5634+FL 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
5635+
5636+
5637+
5638+to read: 3801
5639+ 458.313 Licensure by endorsement; requiremen ts; fees.— 3802
5640+ (1) The department shall issue a license by endorsement to 3803
5641+any applicant who, upon applying to the department on forms 3804
5642+furnished by the department and remitting a fee set by the board 3805
5643+not to exceed $500, the board certifies has met the requirements 3806
5644+for licensure by endorsement in s. 456.0145. : 3807
5645+ (a) Has met the qualifications for licensure in s. 3808
5646+458.311(1)(b)-(g) or in s. 458.311(1)(b) -(e) and (g) and (3); 3809
5647+ (b) Prior to January 1, 2000, has obtained a passing 3810
5648+score, as established by rule of t he board, on the licensure 3811
5649+examination of the Federation of State Medical Boards of the 3812
5650+United States, Inc. (FLEX), on the United States Medical 3813
5651+Licensing Examination (USMLE), or on the examination of the 3814
5652+National Board of Medical Examiners, or on a combin ation 3815
5653+thereof, and on or after January 1, 2000, has obtained a passing 3816
5654+score on the United States Medical Licensing Examination 3817
5655+(USMLE); and 3818
5656+ (c) Has submitted evidence of the active licensed practice 3819
5657+of medicine in another jurisdiction, for at least 2 of the 3820
5658+immediately preceding 4 years, or evidence of successful 3821
5659+completion of either a board -approved postgraduate training 3822
5660+program within 2 years preceding filing of an application or a 3823
5661+board-approved clinical competency examination within the year 3824
5662+preceding the filing of an application for licensure. For 3825
5663+
5664+CS/HB 1549 2024
5665+
5666+
5667+
5668+CODING: Words stricken are deletions; words underlined are additions.
5669+hb1549-01-c1
5670+Page 154 of 316
5671+FL 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
5672+
5673+
5674+
5675+purposes of this paragraph, "active licensed practice of 3826
5676+medicine" means that practice of medicine by physicians, 3827
5677+including those employed by any governmental entity in community 3828
5678+or public health, as define d by this chapter, medical directors 3829
5679+under s. 641.495(11) who are practicing medicine, and those on 3830
5680+the active teaching faculty of an accredited medical school. 3831
5681+ (2) The board may require an applicant for licensure by 3832
5682+endorsement to take and pass the appr opriate licensure 3833
5683+examination prior to certifying the applicant as eligible for 3834
5684+licensure. 3835
5685+ (3) The department and the board shall ensure that 3836
5686+applicants for licensure by endorsement meet applicable criteria 3837
5687+in this chapter through an investigative proces s. When the 3838
5688+investigative process is not completed within the time set out 3839
5689+in s. 120.60(1) and the department or board has reason to 3840
5690+believe that the applicant does not meet the criteria, the State 3841
5691+Surgeon General or the State Surgeon General's designee ma y 3842
5692+issue a 90-day licensure delay which shall be in writing and 3843
5693+sufficient to notify the applicant of the reason for the delay. 3844
5694+The provisions of this subsection shall control over any 3845
5695+conflicting provisions of s. 120.60(1). 3846
5696+ (4) The board may promulgate r ules and regulations, to be 3847
5697+applied on a uniform and consistent basis, which may be 3848
5698+necessary to carry out the provisions of this section. 3849
5699+ (5) Upon certification by the board, the department shall 3850
5700+
5701+CS/HB 1549 2024
5702+
5703+
5704+
5705+CODING: Words stricken are deletions; words underlined are additions.
5706+hb1549-01-c1
5707+Page 155 of 316
5708+FL 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
5709+
5710+
5711+
5712+impose conditions, limitations, or restrictions on a lice nse by 3851
5713+endorsement if the applicant is on probation in another 3852
5714+jurisdiction for an act which would constitute a violation of 3853
5715+this chapter. 3854
5716+ (6) The department shall not issue a license by 3855
5717+endorsement to any applicant who is under investigation in any 3856
5718+jurisdiction for an act or offense which would constitute a 3857
5719+violation of this chapter until such time as the investigation 3858
5720+is complete, at which time the provisions of s. 458.331 shall 3859
5721+apply. Furthermore, the department may not issue an unrestricted 3860
5722+license to any individual who has committed any act or offense 3861
5723+in any jurisdiction which would constitute the basis for 3862
5724+disciplining a physician pursuant to s. 458.331. When the board 3863
5725+finds that an individual has committed an act or offense in any 3864
5726+jurisdiction which would constitute the basis for disciplining a 3865
5727+physician pursuant to s. 458.331, the board may enter an order 3866
5728+imposing one or more of the terms set forth in subsection (7). 3867
5729+ (7) When the board determines that any applicant for 3868
5730+licensure by endorsement has failed to meet, to the board's 3869
5731+satisfaction, each of the appropriate requirements set forth in 3870
5732+this section, it may enter an order requiring one or more of the 3871
5733+following terms: 3872
5734+ (a) Refusal to certify to the department an application 3873
5735+for licensure, certi fication, or registration; 3874
5736+ (b) Certification to the department of an application for 3875
5737+
5738+CS/HB 1549 2024
5739+
5740+
5741+
5742+CODING: Words stricken are deletions; words underlined are additions.
5743+hb1549-01-c1
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5745+FL 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
5746+
5747+
5748+
5749+licensure, certification, or registration with restrictions on 3876
5750+the scope of practice of the licensee; or 3877
5751+ (c) Certification to the department of an application for 3878
5752+licensure, certification, or registration with placement of the 3879
5753+physician on probation for a period of time and subject to such 3880
5754+conditions as the board may specify, including, but not limited 3881
5755+to, requiring the physician to submit to treatment, attend 3882
5756+continuing education courses, submit to reexamination, or work 3883
5757+under the supervision of another physician. 3884
5758+ Section 47. Subsection (8) of section 458.314, Florida 3885
5759+Statutes, is amended to read: 3886
5760+ 458.314 Certification of foreign educational 3887
5761+institutions.— 3888
5762+ (8) If a foreign medical school does not seek 3889
5763+certification under this section, the board may, at its 3890
5764+discretion, exclude the foreign medical school from 3891
5765+consideration as an institution that provides medical education 3892
5766+that is reasonably comparable to that of s imilar accredited 3893
5767+institutions in the United States and that adequately prepares 3894
5768+its students for the practice of medicine in this state. 3895
5769+However, a license or medical faculty certificate issued to a 3896
5770+physician under this chapter before July 1, 2024, is not 3897
5771+affected by this subsection Each institution which has been 3898
5772+surveyed before October 1, 1986, by the Commission to Evaluate 3899
5773+Foreign Medical Schools or the Commission on Foreign Medical 3900
5774+
5775+CS/HB 1549 2024
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5777+
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5782+FL 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
5783+
5784+
5785+
5786+Education of the Federation of State Medical Boards, Inc., and 3901
5787+whose survey and supporting documentation demonstrates that it 3902
5788+provides an educational program, including curriculum, 3903
5789+reasonably comparable to that of similar accredited institutions 3904
5790+in the United States shall be considered fully certified, for 3905
5791+purposes of chapter 86-245, Laws of Florida . 3906
5792+ Section 48. Subsections (5) and (6) of section 458.3145, 3907
5793+Florida Statutes, are renumbered as subsections (4) and (5), 3908
5794+respectively, and subsection (1) and present subsection (4) of 3909
5795+that section are amended, to read: 3910
5796+ 458.3145 Medical faculty certificate. — 3911
5797+ (1) A medical faculty certificate may be issued without 3912
5798+examination to an individual who meets all of the following 3913
5799+criteria: 3914
5800+ (a) Is a graduate of an accredited medical school or its 3915
5801+equivalent, or is a graduate of a fore ign medical school listed 3916
5802+with the World Health Organization which has not been excluded 3917
5803+from consideration under s. 458.314(8). ; 3918
5804+ (b) Holds a valid, current license to practice medicine in 3919
5805+another jurisdiction .; 3920
5806+ (c) Has completed the application form and remitted a 3921
5807+nonrefundable application fee not to exceed $500 .; 3922
5808+ (d) Has completed an approved residency or fellowship of 3923
5809+at least 1 year or has received training that which has been 3924
5810+determined by the board to be equivalent to the 1 -year residency 3925
5811+
5812+CS/HB 1549 2024
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5814+
5815+
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5819+FL 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
5820+
5821+
5822+
5823+requirement.; 3926
5824+ (e) Is at least 21 years of age .; 3927
5825+ (f) Is of good moral character .; 3928
5826+ (g) Has not committed any act in this or any other 3929
5827+jurisdiction which would constitute the basis for disciplining a 3930
5828+physician under s. 458.331 .; 3931
5829+ (h) For any applicant who h as graduated from medical 3932
5830+school after October 1, 1992, has completed, before entering 3933
5831+medical school, the equivalent of 2 academic years of 3934
5832+preprofessional, postsecondary education, as determined by rule 3935
5833+of the board, which must include, at a minimum, cou rses in such 3936
5834+fields as anatomy, biology, and chemistry .; and 3937
5835+ (i) Has been offered and has accepted a full -time faculty 3938
5836+appointment to teach in a program of medicine at any of the 3939
5837+following institutions : 3940
5838+ 1. The University of Florida .; 3941
5839+ 2. The University of Miami.; 3942
5840+ 3. The University of South Florida .; 3943
5841+ 4. The Florida State University .; 3944
5842+ 5. The Florida International University .; 3945
5843+ 6. The University of Central Florida .; 3946
5844+ 7. The Mayo Clinic College of Medicine and Science in 3947
5845+Jacksonville, Florida .; 3948
5846+ 8. The Florida Atlantic University .; 3949
5847+ 9. The Johns Hopkins All Children's Hospital in St. 3950
5848+
5849+CS/HB 1549 2024
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5851+
5852+
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5856+FL 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
5857+
5858+
5859+
5860+Petersburg, Florida.; 3951
5861+ 10. Nova Southeastern University .; or 3952
5862+ 11. Lake Erie College of Osteopathic Medicine. 3953
5863+ (4) In any year, the maximum number of extended medic al 3954
5864+faculty certificateholders as provided in subsection (2) may not 3955
5865+exceed 30 persons at each institution named in subparagraphs 3956
5866+(1)(i)1.-6., 8., and 9. and at the facility named in s. 1004.43 3957
5867+and may not exceed 10 persons at the institution named in 3958
5868+subparagraph (1)(i)7. 3959
5869+ Section 49. Section 458.315, Florida Statutes, is amended 3960
58705870 to read: 3961
5871- 459.0076 Temporary certificate for practice in areas of 3962
5871+ 458.315 Temporary certificate for practice in areas of 3962
58725872 critical need.— 3963
5873- (1) A physician or physician assistant who holds a valid 3964
5874-license is licensed to practice in any jurisdiction of the 3965
5875-United States, whose license is currently valid, and who pays an 3966
5876-application fee of $300 may be issued a temporary certificate 3967
5877-for practice in areas of critical need. A physician seeking such 3968
5878-certificate must pay an application fee of $300. 3969
5873+ (1) A physician or physician assistant who is licensed to 3964
5874+practice in any jurisdiction of the United States and, whose 3965
5875+license is currently valid , and who pays an application fee of 3966
5876+$300 may be issued a temporary certificate for practice in areas 3967
5877+of critical need. A physician seeking such certificate must pay 3968
5878+an application fee of $300. 3969
58795879 (2) A temporary certificate may be issued under this 3970
58805880 section to a physician or physician assistant who will: 3971
58815881 (a) Will Practice in an area of critical need; 3972
58825882 (b) Will Be employed by or practice in a county health 3973
58835883 department; correctional facility; Department of Veterans' 3974
58845884 Affairs clinic; community health center funded by s. 329, s. 3975
58855885
5886-CS/CS/HB 1549 2024
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5888-
5889-
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5886+CS/HB 1549 2024
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58935893 FL 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
58945894
58955895
58965896
58975897 330, or s. 340 of the United States Public Health Services Act; 3976
58985898 or other agency or instit ution that is approved by the State 3977
5899-Surgeon General and provides health care to meet the needs of 3978
5900-underserved populations in this state; or 3979
5899+Surgeon General and provides health care services to meet the 3978
5900+needs of underserved populations in this state; or 3979
59015901 (c) Will Practice for a limited time to address critical 3980
59025902 physician-specialty, demographic, or geographic needs for this 3981
59035903 state's physician workforce as determined by the State Surgeon 3982
59045904 General. 3983
5905- (3) The board of Osteopathic Medicine may issue a this 3984
5906-temporary certificate subject to with the following 3985
5905+ (3) The board of Medicine may issue a this temporary 3984
5906+certificate under this section subject to with the following 3985
59075907 restrictions: 3986
59085908 (a) The State Surgeon General shall d etermine the areas of 3987
59095909 critical need. Such areas include, but are not limited to, 3988
59105910 health professional shortage areas designated by the United 3989
59115911 States Department of Health and Human Services. 3990
59125912 1. A recipient of a temporary certificate for practice in 3991
59135913 areas of critical need may use the certificate to work for any 3992
59145914 approved entity in any area of critical need or as authorized by 3993
59155915 the State Surgeon General. 3994
59165916 2. The recipient of a temporary certificate for practice 3995
59175917 in areas of critical need shall, within 30 days after accepting 3996
59185918 employment, notify the board of all approved institutions in 3997
59195919 which the licensee practices and of all approved institutions 3998
59205920 where practice privileges have been denied , as applicable. 3999
59215921 (b) The board may administer an abbreviated oral 4000
59225922
5923-CS/CS/HB 1549 2024
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59305930 FL 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
59315931
59325932
59335933
59345934 examination to determine the physician's or physician 4001
59355935 assistant's competency, but a written regular examination is not 4002
59365936 required. Within 60 days after receipt of an application for a 4003
59375937 temporary certificate, the board shall review the application 4004
59385938 and issue the temporary certificate, notify the applicant of 4005
59395939 denial, or notify the applicant that the board recommends 4006
59405940 additional assessment, training, education, or other 4007
59415941 requirements as a condition of certification. If the applicant 4008
59425942 has not actively practiced during the 3-year period immediately 4009
59435943 preceding the application prior 3 years and the board determines 4010
59445944 that the applicant may lack clinical competency, possess 4011
59455945 diminished or inadequate skills, lack necessary medical 4012
59465946 knowledge, or exhibit patterns of deficits in clinical 4013
59475947 decisionmaking, the board may: 4014
59485948 1. Deny the application; 4015
59495949 2. Issue a temporary certificate having reasonable 4016
59505950 restrictions that may include, but are not limited to, a 4017
59515951 requirement for the applicant to practice under the supervision 4018
59525952 of a physician approved by the board; or 4019
59535953 3. Issue a temporary certificate upon receipt of 4020
59545954 documentation confirming that the applicant has met any 4021
59555955 reasonable conditions of the board which may include, but are 4022
59565956 not limited to, completing continuing education or undergoing an 4023
59575957 assessment of skills and training. 4024
59585958 (c) Any certificate issued under this section is valid 4025
59595959
5960-CS/CS/HB 1549 2024
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5962-
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59675967 FL 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
59685968
59695969
59705970
59715971 only so long as the State Surgeon General determines that the 4026
59725972 reason for which it was issued remains a critical need to the 4027
5973-state. The board of Osteopathic Medicine shall review each 4028
5974-temporary certificateholder at least not less than annually to 4029
5975-ascertain that the certificateholder is complying with the 4030
5976-minimum requirements of the Osteopathic Medical Practice Act and 4031
5977-its adopted rules, as applicable to the certificateholder are 4032
5978-being complied with. If it is determined that the 4033
5979-certificateholder is not meeting such minimum requirements are 4034
5980-not being met, the board must shall revoke such certificate or 4035
5981-shall impose restrictions or conditions, or both, as a condition 4036
5982-of continued practice un der the certificate. 4037
5973+state. The board of Medicine shall review each temporary 4028
5974+certificateholder at least not less than annually to ascertain 4029
5975+that the certificateholder is complying with the minimum 4030
5976+requirements of the Medical Practice Act and its adopted rules , 4031
5977+as applicable to the certificateholder are being complied w ith. 4032
5978+If it is determined that the certificateholder is not meeting 4033
5979+such minimum requirements are not being met, the board must 4034
5980+shall revoke such certificate or shall impose restrictions or 4035
5981+conditions, or both, as a condition of continued practice under 4036
5982+the certificate. 4037
59835983 (d) The board may not issue a temporary certificate for 4038
59845984 practice in an area of critical need to any physician or 4039
59855985 physician assistant who is under investigation in any 4040
59865986 jurisdiction in the United States for an act that would 4041
59875987 constitute a violation of this chapter until such time as the 4042
59885988 investigation is complete, at which time the provisions of s. 4043
5989-459.015 applies apply. 4044
5989+458.331 applies apply. 4044
59905990 (4) The application fee and all licensure fees, including 4045
59915991 neurological injury compensation assessments, are shall be 4046
59925992 waived for those persons obtaining a temporary certificate to 4047
59935993 practice in areas of critical need for the purpose of providing 4048
59945994 volunteer, uncompensated care for low -income residents. The 4049
59955995 applicant must submit an affidavit from the employing agency or 4050
59965996
5997-CS/CS/HB 1549 2024
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60046004 FL 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
60056005
60066006
60076007
60086008 institution stating that the physician or physician assistant 4051
60096009 will not receive any compensation for any health care services 4052
6010-that he or she provides service involving the practice of 4053
6010+provided by the applicant service involving the practice of 4053
60116011 medicine. 4054
6012- Section 48. Section 464.0121, Florida Statutes, is created 4055
6012+ Section 50. Section 458.317, Florida Statutes, is amended 4055
60136013 to read: 4056
6014- 464.0121 Temporary certificate for practice in areas of 4057
6015-critical need.— 4058
6016- (1) An advanced practice registered nurse who is licensed 4059
6017-to practice in any jurisdiction of the United States, whose 4060
6018-license is currently valid, and who meets educational and 4061
6019-training requirements established by the board may be issued a 4062
6020-temporary certificate for practice in areas of critical need. 4063
6021- (2) A temporary certificate may be issued under this 4064
6022-section to an advanced practice registered nurse who will: 4065
6023- (a) Practice in an area of critical need; 4066
6024- (b) Be employed by or practice in a county health 4067
6025-department; correctional facility; Department of Veterans' 4068
6026-Affairs clinic; community health center funded by s. 329, s. 4069
6027-330, or s. 340 of the United States Public Health Services Act; 4070
6028-or another agency or institution that is approved by the State 4071
6029-Surgeon General and that provides health care services to meet 4072
6030-the needs of underserved populations in this state; or 4073
6031- (c) Practice for a limited time to address critical health 4074
6032-care specialty, demographic, or geographic needs relating to 4075
6033-
6034-CS/CS/HB 1549 2024
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6036-
6037-
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6041-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
6042-
6043-
6044-
6045-this state's accessibility of health care services as determined 4076
6046-by the State Surgeon General. 4077
6047- (3) The board may issue a temporary certificate under this 4078
6048-section subject to the following restrictions: 4079
6049- (a) The State Surgeon General shall determine the areas of 4080
6050-critical need. Such areas include, but are not limited to, 4081
6051-health professional shortage areas designated by the United 4082
6052-States Department of Health and Human Services. 4083
6053- 1. A recipient of a tempor ary certificate for practice in 4084
6054-areas of critical need may use the certificate to work for any 4085
6055-approved entity in any area of critical need or as authorized by 4086
6056-the State Surgeon General. 4087
6057- 2. The recipient of a temporary certificate for practice 4088
6058-in areas of critical need shall, within 30 days after accepting 4089
6059-employment, notify the board of all approved institutions in 4090
6060-which the licensee practices as part of his or her employment. 4091
6061- (b) The board may administer an abbreviated oral 4092
6062-examination to determine th e advanced practice registered 4093
6063-nurse's competency, but may not require a written regular 4094
6064-examination. Within 60 days after receipt of an application for 4095
6065-a temporary certificate, the board shall review the application 4096
6066-and issue the temporary certificate, no tify the applicant of 4097
6067-denial, or notify the applicant that the board recommends 4098
6068-additional assessment, training, education, or other 4099
6069-requirements as a condition of certification. If the applicant 4100
6070-
6071-CS/CS/HB 1549 2024
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6073-
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6078-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
6079-
6080-
6081-
6082-has not actively practiced during the 3 -year period immediat ely 4101
6083-preceding the application and the board determines that the 4102
6084-applicant may lack clinical competency, possess diminished or 4103
6085-inadequate skills, lack necessary medical knowledge, or exhibit 4104
6086-patterns of deficits in clinical decisionmaking, the board may: 4105
6087- 1. Deny the application; 4106
6088- 2. Issue a temporary certificate imposing reasonable 4107
6089-restrictions that may include, but are not limited to, a 4108
6090-requirement that the applicant practice under the supervision of 4109
6091-a physician approved by the board; or 4110
6092- 3. Issue a temporary certificate upon receipt of 4111
6093-documentation confirming that the applicant has met any 4112
6094-reasonable conditions of the board, which may include, but are 4113
6095-not limited to, completing continuing education or undergoing an 4114
6096-assessment of skills and training. 4115
6097- (c) Any certificate issued under this section is valid 4116
6098-only so long as the State Surgeon General maintains the 4117
6099-determination that the critical need that supported the issuance 4118
6100-of the temporary certificate remains a critical need to the 4119
6101-state. The board shall review each temporary certificateholder 4120
6102-at least annually to ascertain that the certificateholder is 4121
6103-complying with the minimum requirements of the Nurse Practice 4122
6104-Act and its adopted rules, as applicable to the 4123
6105-certificateholder. If it is determined that the 4124
6106-certificateholder is not meeting such minimum requirements, the 4125
6107-
6108-CS/CS/HB 1549 2024
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6110-
6111-
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6115-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
6116-
6117-
6118-
6119-board must revoke such certificate or impose restrictions or 4126
6120-conditions, or both, as a condition of continued practice under 4127
6121-the certificate. 4128
6122- (d) The board may not issue a temporary certificate for 4129
6123-practice in an area of critical need to any advanced practice 4130
6124-registered nurse who is under investigation in any jurisdiction 4131
6125-in the United States for an act that would constitute a 4132
6126-violation of this part until such time as the investigati on is 4133
6127-complete, at which time s. 464.018 applies. 4134
6128- (4) All licensure fees, including neurological injury 4135
6129-compensation assessments, are waived for those persons obtaining 4136
6130-a temporary certificate to practice in areas of critical need 4137
6131-for the purpose of prov iding volunteer, uncompensated care for 4138
6132-low-income residents. The applicant must submit an affidavit 4139
6133-from the employing agency or institution stating that the 4140
6134-advanced practice registered nurse will not receive any 4141
6135-compensation for any health care services that he or she 4142
6136-provides. 4143
6137- Section 49. Paragraph (b) of subsection (3) of section 4144
6138-464.0123, Florida Statutes, is amended to read: 4145
6139- 464.0123 Autonomous practice by an advanced practice 4146
6140-registered nurse.— 4147
6141- (3) PRACTICE REQUIREMENTS. — 4148
6142- (b)1. In order to provide out-of-hospital intrapartum 4149
6143-care, a certified nurse midwife engaged in the autonomous 4150
6144-
6145-CS/CS/HB 1549 2024
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6147-
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6152-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
6153-
6154-
6155-
6156-practice of nurse midwifery must maintain a written policy for 4151
6157-the transfer of patients needing a higher acuity of care or 4152
6158-emergency services. The policy must pr escribe and require the 4153
6159-use of an emergency plan -of-care form, which must be signed by 4154
6160-the patient before admission to intrapartum care. At a minimum, 4155
6161-the form must include all of the following: 4156
6162- a. The name and address of the closest hospital that 4157
6163-provides maternity and newborn services. 4158
6164- b. Reasons for which transfer of care would be necessary, 4159
6165-including the transfer -of-care conditions prescribed by board 4160
6166-rule. 4161
6167- c. Ambulances or other emergency medical services that 4162
6168-would be used to transport the patie nt in the event of an 4163
6169-emergency. 4164
6170- 2. If transfer of care is determined necessary by the 4165
6171-certified nurse midwife or under the terms of the written 4166
6172-policy, the certified nurse midwife must document all of the 4167
6173-following information on the patient's emergency plan-of-care 4168
6174-form: 4169
6175- a. The name, date of birth, and condition of the patient. 4170
6176- b. The gravidity and parity of the patient and the 4171
6177-gestational age and condition of the fetus or newborn infant. 4172
6178- c. The reasons that necessitated the transfer of care. 4173
6179- d. A description of the situation, relevant clinical 4174
6180-background, assessment, and recommendations. 4175
6181-
6182-CS/CS/HB 1549 2024
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6184-
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6189-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
6190-
6191-
6192-
6193- e. The planned mode of transporting the patient to the 4176
6194-receiving facility. 4177
6195- f. The expected time of arrival at the receiving facility. 4178
6196- 3. Before transferri ng the patient, or as soon as possible 4179
6197-during or after an emergency transfer, the certified nurse 4180
6198-midwife shall provide the receiving provider with a verbal 4181
6199-summary of the information specified in subparagraph 2. and make 4182
6200-himself or herself immediately ava ilable for consultation. Upon 4183
6201-transfer of the patient to the receiving facility, the certified 4184
6202-nurse midwife must provide the receiving provider with the 4185
6203-patient's emergency plan -of-care form as soon as practicable. 4186
6204- 4. The certified nurse midwife shall p rovide the receiving 4187
6205-provider, as soon as practicable, with the patient's prenatal 4188
6206-records, including patient history, prenatal laboratory results, 4189
6207-sonograms, prenatal care flow sheets, maternal fetal medical 4190
6208-reports, and labor flow charting and current no tations. 4191
6209- 5. The board shall adopt rules to prescribe transfer -of-4192
6210-care conditions, monitor for excessive transfers, conduct 4193
6211-reviews of adverse maternal and neonatal outcomes, and monitor 4194
6212-the licensure of certified nurse midwives engaged in autonomous 4195
6213-practice must have a written patient transfer agreement with a 4196
6214-hospital and a written referral agreement with a physician 4197
6215-licensed under chapter 458 or chapter 459 to engage in nurse 4198
6216-midwifery. 4199
6217- Section 50. Subsection (10) of section 464.019, Florida 4200
6218-
6219-CS/CS/HB 1549 2024
6220-
6221-
6222-
6223-CODING: Words stricken are deletions; words underlined are additions.
6224-hb1549-02-c2
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6226-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
6227-
6228-
6229-
6230-Statutes, is amended to read: 4201
6231- 464.019 Approval of nursing education programs. — 4202
6232- (10) IMPLEMENTATION STUDY. —The Florida Center for Nursing 4203
6233-shall study the administration of this section and submit 4204
6234-reports to the Governor, the President of the Senate, and the 4205
6235-Speaker of the House of Representatives annually by January 30 , 4206
6236-through January 30, 2025 . The annual reports shall address the 4207
6237-previous academic year; provide data on the measures specified 4208
6238-in paragraphs (a) and (b), as such data becomes available; and 4209
6239-include an evaluation of such data for purposes of determining 4210
6240-whether this section is increasing the availability of nursing 4211
6241-education programs and the production of quality nurses. The 4212
6242-department and each approved program or accredited program shall 4213
6243-comply with requests for data from the Florida Center for 4214
6244-Nursing. 4215
6245- (a) The Florida Center for Nursing shall evaluate program -4216
6246-specific data for each approved program and accredited program 4217
6247-conducted in the state, including, but not limited to: 4218
6248- 1. The number of programs and student slots available. 4219
6249- 2. The number of student applications submitted, the 4220
6250-number of qualified applicants, and the number of students 4221
6251-accepted. 4222
6252- 3. The number of program graduates. 4223
6253- 4. Program retention rates of students tracked from 4224
6254-program entry to graduation. 4225
6255-
6256-CS/CS/HB 1549 2024
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6258-
6259-
6260-CODING: Words stricken are deletions; words underlined are additions.
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6263-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
6264-
6265-
6266-
6267- 5. Graduate passage rates on the National Council of State 4226
6268-Boards of Nursing Licensing Examination. 4227
6269- 6. The number of graduates who become employed as 4228
6270-practical or professional nurses in the state. 4229
6271- (b) The Florida Center for Nursing shall evaluate the 4230
6272-board's implementation of the: 4231
6273- 1. Program application approval process, including, but 4232
6274-not limited to, the number of program applications submitted 4233
6275-under subsection (1), the number of program applications 4234
6276-approved and denied b y the board under subsection (2), the 4235
6277-number of denials of program applications reviewed under chapter 4236
6278-120, and a description of the outcomes of those reviews. 4237
6279- 2. Accountability processes, including, but not limited 4238
6280-to, the number of programs on probatio nary status, the number of 4239
6281-approved programs for which the program director is required to 4240
6282-appear before the board under subsection (5), the number of 4241
6283-approved programs terminated by the board, the number of 4242
6284-terminations reviewed under chapter 120, and a d escription of 4243
6285-the outcomes of those reviews. 4244
6286- (c) The Florida Center for Nursing shall complete an 4245
6287-annual assessment of compliance by programs with the 4246
6288-accreditation requirements of subsection (11), include in the 4247
6289-assessment a determination of the accredi tation process status 4248
6290-for each program, and submit the assessment as part of the 4249
6291-reports required by this subsection. 4250
6292-
6293-CS/CS/HB 1549 2024
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6295-
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6300-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
6301-
6302-
6303-
6304- Section 51. Section 458.3129, Florida Statutes, is created 4251
6305-to read: 4252
6306- 458.3129 Interstate Medical Licensure Compact. —A physician 4253
6307-licensed to practice allopathic medicine under s. 456.4501 is 4254
6308-deemed to also be licensed under this chapter. 4255
6309- Section 52. Section 459.074, Florida Statutes, is created 4256
6310-to read: 4257
6311- 459.074 Interstate Medical Licensure Compact. —A physician 4258
6312-licensed to practice osteopathic medicine under s. 456.4501 is 4259
6313-deemed to also be licensed under this chapter. 4260
6314- Section 53. Subsections (4), (5), and (6) of section 4261
6315-468.1135, Florida Statutes, are renumbered as subsections (5), 4262
6316-(6), and (7), respectively, and a new subsectio n (4) is added to 4263
6317-that section, to read: 4264
6318- 468.1135 Board of Speech -Language Pathology and 4265
6319-Audiology.— 4266
6320- (4) The board shall appoint two of its members to serve as 4267
6321-the state's delegates on the Speech -Language Pathology 4268
6322-Interstate Compact Commission, pursua nt to s. 468.1335, one of 4269
6323-whom must be an audiologist and one of whom must be a speech -4270
6324-language pathologist. 4271
6325- Section 54. Subsection (5) section 468.1185, Florida 4272
6326-Statutes, is renumbered as subsection (3), subsections (3) and 4273
6327-(4) are amended, and a new subsection (4) is added to that 4274
6328-section, to read: 4275
6329-
6330-CS/CS/HB 1549 2024
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6332-
6333-
6334-CODING: Words stricken are deletions; words underlined are additions.
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6337-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
6338-
6339-
6340-
6341- 468.1185 Licensure. — 4276
6342- (3) The board shall certify as qualified for a license by 4277
6343-endorsement as a speech -language pathologist or audiologist an 4278
6344-applicant who: 4279
6345- (a) Holds a valid license or certificate in another state 4280
6346-or territory of the United States to practice the profession for 4281
6347-which the application for licensure is made, if the criteria for 4282
6348-issuance of such license were substantially equivalent to or 4283
6349-more stringent than the licensure criteria which e xisted in this 4284
6350-state at the time the license was issued; or 4285
6351- (b) Holds a valid certificate of clinical competence of 4286
6352-the American Speech-Language and Hearing Association or board 4287
6353-certification in audiology from the American Board of Audiology. 4288
6354- (4) A person licensed as an audiologist or a speech -4289
6355-language pathologist in another state who is practicing under 4290
6356-the Audiology and Speech -Language Pathology Interstate Compact 4291
6357-pursuant to s. 468.1335, and only within the scope provided 4292
6358-therein, is exempt from the licensure requirements of this 4293
6359-section. 4294
6360- (4) The board may refuse to certify any applicant who is 4295
6361-under investigation in any jurisdiction for an act which would 4296
6362-constitute a violation of this part or chapter 456 until the 4297
6363-investigation is complete and dis ciplinary proceedings have been 4298
6364-terminated. 4299
6365- Section 55. Subsections (1) and (2) of section 468.1295, 4300
6366-
6367-CS/CS/HB 1549 2024
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6369-
6370-
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6374-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
6375-
6376-
6377-
6378-Florida Statutes, are amended to read: 4301
6379- 468.1295 Disciplinary proceedings. — 4302
6380- (1) The following acts constitute grounds for denial of a 4303
6381-license or disciplinary action, as specified in s. 456.072(2) or 4304
6382-s. 468.1335: 4305
6383- (a) Procuring, or attempting to procure, a license by 4306
6384-bribery, by fraudulent misrepresentation, or through an error of 4307
6385-the department or the board. 4308
6386- (b) Having a license revoked, suspended, or otherwise 4309
6387-acted against, including denial of licensure, by the licensing 4310
6388-authority of another state, territory, or country. 4311
6389- (c) Being convicted or found guilty of, or entering a plea 4312
6390-of nolo contendere to, regardless of adjudication, a crime in 4313
6391-any jurisdiction which directly relates to the practice of 4314
6392-speech-language pathology or audiology. 4315
6393- (d) Making or filing a report or record which the licensee 4316
6394-knows to be false, intentionally or negligently failing to file 4317
6395-a report or records required by state or federal law, willfully 4318
6396-impeding or obstructing such filing, or inducing another person 4319
6397-to impede or obstruct such filing. Such report or record shall 4320
6398-include only those reports or records which are signed in one's 4321
6399-capacity as a licensed speech -language pathologist or 4322
6400-audiologist. 4323
6401- (e) Advertising goods or services in a manner which is 4324
6402-fraudulent, false, deceptive, or misleading in form or content. 4325
6403-
6404-CS/CS/HB 1549 2024
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6406-
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6411-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
6412-
6413-
6414-
6415- (f) Being proven guilty of fraud or deceit or of 4326
6416-negligence, incompetency, or misconduct in the practice of 4327
6417-speech-language pathology or audiology. 4328
6418- (g) Violating a lawful order of the board or department 4329
6419-previously entered in a disciplinary hearing, or failing to 4330
6420-comply with a lawfully issued subpoena of the board or 4331
6421-department. 4332
6422- (h) Practicing with a revoked, suspended, inactive, or 4333
6423-delinquent license. 4334
6424- (i) Using, or causing or promoting the use of, any 4335
6425-advertising matter, promotional literature, testimonial, 4336
6426-guarantee, warranty, label, brand, insignia, or other 4337
6427-representation, however disseminated or published, which is 4338
6428-misleading, deceiving, or untruthful. 4339
6429- (j) Showing or demonstrating or, in the event of sale, 4340
6430-delivery of a product unusable or impractical for the purpose 4341
6431-represented or implied by such action. 4342
6432- (k) Failing to submit to the board on an annual basis, or 4343
6433-such other basis as may be provided by rule, certification of 4344
6434-testing and calibration of such equipment as designated by the 4345
6435-board and on the form approved by the board. 4346
6436- (l) Aiding, assisting, procuring, employing, or advising 4347
6437-any licensee or business entity to practice speech -language 4348
6438-pathology or audiology contrary to this part, chapter 456, or 4349
6439-any rule adopted pursuant thereto. 4350
6440-
6441-CS/CS/HB 1549 2024
6442-
6443-
6444-
6445-CODING: Words stricken are deletions; words underlined are additions.
6446-hb1549-02-c2
6447-Page 175 of 272
6448-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
6449-
6450-
6451-
6452- (m) Misrepresenting the professional services available in 4351
6453-the fitting, sale, adjustment, service, or r epair of a hearing 4352
6454-aid, or using any other term or title which might connote the 4353
6455-availability of professional services when such use is not 4354
6456-accurate. 4355
6457- (n) Representing, advertising, or implying that a hearing 4356
6458-aid or its repair is guaranteed without provid ing full 4357
6459-disclosure of the identity of the guarantor; the nature, extent, 4358
6460-and duration of the guarantee; and the existence of conditions 4359
6461-or limitations imposed upon the guarantee. 4360
6462- (o) Representing, directly or by implication, that a 4361
6463-hearing aid utilizing bone conduction has certain specified 4362
6464-features, such as the absence of anything in the ear or leading 4363
6465-to the ear, or the like, without disclosing clearly and 4364
6466-conspicuously that the instrument operates on the bone 4365
6467-conduction principle and that in many case s of hearing loss this 4366
6468-type of instrument may not be suitable. 4367
6469- (p) Stating or implying that the use of any hearing aid 4368
6470-will improve or preserve hearing or prevent or retard the 4369
6471-progression of a hearing impairment or that it will have any 4370
6472-similar or opposite effect. 4371
6473- (q) Making any statement regarding the cure of the cause 4372
6474-of a hearing impairment by the use of a hearing aid. 4373
6475- (r) Representing or implying that a hearing aid is or will 4374
6476-be "custom-made," "made to order," or "prescription -made," or in 4375
6477-
6478-CS/CS/HB 1549 2024
6479-
6480-
6481-
6482-CODING: Words stricken are deletions; words underlined are additions.
6483-hb1549-02-c2
6484-Page 176 of 272
6485-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
6486-
6487-
6488-
6489-any other sense specially fabricated for an individual, when 4376
6490-such is not the case. 4377
6491- (s) Canvassing from house to house or by telephone, either 4378
6492-in person or by an agent, for the purpose of selling a hearing 4379
6493-aid, except that contacting persons who have evidenced an 4380
6494-interest in hearing aids, or have been referred as in need of 4381
6495-hearing aids, shall not be considered canvassing. 4382
6496- (t) Failing to notify the department in writing of a 4383
6497-change in current mailing and place -of-practice address within 4384
6498-30 days after such chan ge. 4385
6499- (u) Failing to provide all information as described in ss. 4386
6500-468.1225(5)(b), 468.1245(1), and 468.1246. 4387
6501- (v) Exercising influence on a client in such a manner as 4388
6502-to exploit the client for financial gain of the licensee or of a 4389
6503-third party. 4390
6504- (w) Practicing or offering to practice beyond the scope 4391
6505-permitted by law or accepting and performing professional 4392
6506-responsibilities the licensee or certificateholder knows, or has 4393
6507-reason to know, the licensee or certificateholder is not 4394
6508-competent to perform. 4395
6509- (x) Aiding, assisting, procuring, or employing any 4396
6510-unlicensed person to practice speech -language pathology or 4397
6511-audiology. 4398
6512- (y) Delegating or contracting for the performance of 4399
6513-professional responsibilities by a person when the licensee 4400
6514-
6515-CS/CS/HB 1549 2024
6516-
6517-
6518-
6519-CODING: Words stricken are deletions; words underlined are additions.
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6521-Page 177 of 272
6522-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
6523-
6524-
6525-
6526-delegating or contracting for performance of such 4401
6527-responsibilities knows, or has reason to know, such person is 4402
6528-not qualified by training, experience, and authorization to 4403
6529-perform them. 4404
6530- (z) Committing any act upon a patient or client which 4405
6531-would constitute sexual battery or whic h would constitute sexual 4406
6532-misconduct as defined pursuant to s. 468.1296. 4407
6533- (aa) Being unable to practice the profession for which he 4408
6534-or she is licensed or certified under this chapter with 4409
6535-reasonable skill or competence as a result of any mental or 4410
6536-physical condition or by reason of illness, drunkenness, or use 4411
6537-of drugs, narcotics, chemicals, or any other substance. In 4412
6538-enforcing this paragraph, upon a finding by the State Surgeon 4413
6539-General, his or her designee, or the board that probable cause 4414
6540-exists to believe that the licensee or certificateholder is 4415
6541-unable to practice the profession because of the reasons stated 4416
6542-in this paragraph, the department shall have the authority to 4417
6543-compel a licensee or certificateholder to submit to a mental or 4418
6544-physical examination by a physician, psychologist, clinical 4419
6545-social worker, marriage and family therapist, or mental health 4420
6546-counselor designated by the department or board. If the licensee 4421
6547-or certificateholder refuses to comply with the department's 4422
6548-order directing the examinat ion, such order may be enforced by 4423
6549-filing a petition for enforcement in the circuit court in the 4424
6550-circuit in which the licensee or certificateholder resides or 4425
6551-
6552-CS/CS/HB 1549 2024
6553-
6554-
6555-
6556-CODING: Words stricken are deletions; words underlined are additions.
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6559-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
6560-
6561-
6562-
6563-does business. The department shall be entitled to the summary 4426
6564-procedure provided in s. 51.011. A licensee or certificateholder 4427
6565-affected under this paragraph shall at reasonable intervals be 4428
6566-afforded an opportunity to demonstrate that he or she can resume 4429
6567-the competent practice for which he or she is licensed or 4430
6568-certified with reasonable skill and saf ety to patients. 4431
6569- (bb) Violating any provision of this chapter or chapter 4432
6570-456, or any rules adopted pursuant thereto. 4433
6571- (2)(a) The board may enter an order denying licensure or 4434
6572-imposing any of the penalties in s. 456.072(2) against any 4435
6573-applicant for licensure or licensee who is found guilty of 4436
6574-violating any provision of subsection (1) of this section or who 4437
6575-is found guilty of violating any provision of s. 456.072(1). 4438
6576- (b) The board may take adverse action against an 4439
6577-audiologist's or a speech -language pathologist's compact 4440
6578-privilege under the Audiology and Speech -Language Pathology 4441
6579-Interstate Compact pursuant to s. 468.1335 and may impose any of 4442
6580-the penalties in s. 456.072(2), if an audiologist or a speech -4443
6581-language pathologist commits an act specified in su bsection (1) 4444
6582-or s. 456.072(1). 4445
6583- Section 56. Section 468.1335, Florida Statutes, is created 4446
6584-to read: 4447
6585- 468.1335 Practice of Audiology and Speech -language 4448
6586-Pathology Interstate Compact. —The Practice of Audiology and 4449
6587-Speech-language Pathology Interstate Com pact is hereby enacted 4450
6588-
6589-CS/CS/HB 1549 2024
6590-
6591-
6592-
6593-CODING: Words stricken are deletions; words underlined are additions.
6594-hb1549-02-c2
6595-Page 179 of 272
6596-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
6597-
6598-
6599-
6600-into law and entered into by this state with all other states 4451
6601-legally joining therein in the form substantially as follows: 4452
6602- 4453
6603-ARTICLE I 4454
6604-PURPOSE 4455
6605- 4456
6606- (1) The purpose of the compact is to facilitate the 4457
6607-interstate practice of audiology and speech-language pathology 4458
6608-with the goal of improving public access to audiology and 4459
6609-speech-language pathology services. 4460
6610- (2) The practice of audiology and speech -language 4461
6611-pathology occurs in the state where the patient, client, or 4462
6612-student is located a t the time the services are provided. 4463
6613- (3) The compact preserves the regulatory authority of 4464
6614-states to protect public health and safety through the current 4465
6615-system of state licensure. 4466
6616- (4) The compact is designed to achieve all of the 4467
6617-following objectives : 4468
6618- (a) Increase public access to audiology and speech -4469
6619-language pathology services by providing for the mutual 4470
6620-recognition of other member state licenses. 4471
6621- (b) Enhance the states' abilities to protect public health 4472
6622-and safety. 4473
6623- (c) Encourage the cooperation of member states in 4474
6624-regulating multistate audiology and speech -language pathology 4475
6625-
6626-CS/CS/HB 1549 2024
6627-
6628-
6629-
6630-CODING: Words stricken are deletions; words underlined are additions.
6631-hb1549-02-c2
6632-Page 180 of 272
6633-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
6634-
6635-
6636-
6637-practices. 4476
6638- (d) Support spouses of relocating active duty military 4477
6639-personnel. 4478
6640- (e) Enhance the exchange of licensure, investigative, and 4479
6641-disciplinary information between member states. 4480
6642- (f) Allow a remote state to hold a licensee with compact 4481
6643-privilege in that state accountable to that state's practice 4482
6644-standards. 4483
6645- (g) Allow for the use of telehealth technology to 4484
6646-facilitate increased access t o audiology and speech -language 4485
6647-pathology services. 4486
6648- 4487
6649-ARTICLE II 4488
6650-DEFINITIONS 4489
6651- 4490
6652- (1) As used in this section, the term: 4491
6653- (2) "Active duty military" means full -time duty status in 4492
6654-the active uniformed service of the United States, including 4493
6655-members of the National Guard and Reserve on active duty orders 4494
6656-pursuant to 10 U.S.C. chapters 1209 and 1211. 4495
6657- (3) "Adverse action" means any administrative, civil, 4496
6658-equitable, or criminal action permitted by a state's laws which 4497
6659-is imposed by a licensing board against a l icensee, including 4498
6660-actions against an individual's license or privilege to practice 4499
6661-such as revocation, suspension, probation, monitoring of the 4500
6662-
6663-CS/CS/HB 1549 2024
6664-
6665-
6666-
6667-CODING: Words stricken are deletions; words underlined are additions.
6668-hb1549-02-c2
6669-Page 181 of 272
6670-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
6671-
6672-
6673-
6674-licensee, or restriction on the licensee's practice. 4501
6675- (4) "Alternative program" means a nondisciplinary 4502
6676-monitoring process approved by an audiology licensing board or a 4503
6677-speech-language pathology licensing board to address impaired 4504
6678-licensees. 4505
6679- (5) "Audiologist" means an individual who is licensed by a 4506
6680-state to practice audiology. 4507
6681- (6) "Audiology" means the care a nd services provided by a 4508
6682-licensed audiologist as provided in the member state's rules and 4509
6683-regulations. 4510
6684- (7) "Audiology and Speech -language Pathology Interstate 4511
6685-Compact Commission" or "commission" means the national 4512
6686-administrative body whose membership co nsists of all states that 4513
6687-have enacted the compact. 4514
6688- (8) "Audiology licensing board" means the agency of a 4515
6689-state that is responsible for the licensing and regulation of 4516
6690-audiologists. 4517
6691- (9) "Compact privilege" means the authorization granted by 4518
6692-a remote state to allow a licensee from another member state to 4519
6693-practice as an audiologist or speech -language pathologist in the 4520
6694-remote state under its rules and regulations. The practice of 4521
6695-audiology or speech-language pathology occurs in the member 4522
6696-state where the patient, client, or student is located at the 4523
6697-time the services are provided. 4524
6698- (10) "Current significant investigative information," 4525
6699-
6700-CS/CS/HB 1549 2024
6701-
6702-
6703-
6704-CODING: Words stricken are deletions; words underlined are additions.
6705-hb1549-02-c2
6706-Page 182 of 272
6707-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
6708-
6709-
6710-
6711-"investigative materials," "investigative records," or 4526
6712-"investigative reports" means information that a licensing 4527
6713-board, after an inquiry or investigation that includes 4528
6714-notification and an opportunity for the audiologist or speech -4529
6715-language pathologist to respond, if required by state law, has 4530
6716-reason to believe is not groundless and, if proved true, would 4531
6717-indicate more than a minor infraction. 4532
6718- (11) "Data system" means a repository of information 4533
6719-relating to licensees, including, but not limited to, continuing 4534
6720-education, examination, licensure, investigative, compact 4535
6721-privilege, and adverse action information. 4536
6722- (12) "Encumbered license" means a license in which an 4537
6723-adverse action restricts the practice of audiology or speech -4538
6724-language pathology by the licensee and the adverse action has 4539
6725-been reported to the National Practitioner Data Bank (NPDB). 4540
6726- (13) "Executive committee" means a group of directors 4541
6727-elected or appointed to act on behalf of, and within the powers 4542
6728-granted to them by, the commission. 4543
6729- (14) "Home state" means the member state that is the 4544
6730-licensee's primary state of residence. 4545
6731- (15) "Impaired licensee" means a licensee whose 4546
6732-professional practice is adversely affected by substance abuse, 4547
6733-addiction, or other health -related conditions. 4548
6734- (16) "Licensee" means a person who is licensed by his or 4549
6735-her home state to practice as an audiologist or speech -language 4550
6736-
6737-CS/CS/HB 1549 2024
6738-
6739-
6740-
6741-CODING: Words stricken are deletions; words underlined are additions.
6742-hb1549-02-c2
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6744-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
6745-
6746-
6747-
6748-pathologist. 4551
6749- (17) "Licensing board" means the agency of a state that is 4552
6750-responsible for the licensing and regulation of audiologists or 4553
6751-speech-language pathologists. 4554
6752- (18) "Member state" means a state that has enacted the 4555
6753-compact. 4556
6754- (19) "Privilege to practice " means the legal authorization 4557
6755-to practice audiology or speech -language pathology in a remote 4558
6756-state. 4559
6757- (20) "Remote state" means a member state other than the 4560
6758-home state where a licensee is exercising or seeking to exercise 4561
6759-his or her compact privilege. 4562
6760- (21) "Rule" means a regulation, principle, or directive 4563
6761-adopted by the commission that has the force of law. 4564
6762- (22) "Single-state license" means an audiology or speech -4565
6763-language pathology license issued by a member state that 4566
6764-authorizes practice only withi n the issuing state and does not 4567
6765-include a privilege to practice in any other member state. 4568
6766- (23) "Speech-language pathologist" means an individual who 4569
6767-is licensed to practice speech -language pathology. 4570
6768- (24) "Speech-language pathology" means the care an d 4571
6769-services provided by a licensed speech -language pathologist as 4572
6770-provided in the member state's rules and regulations. 4573
6771- (25) "Speech-language pathology licensing board" means the 4574
6772-agency of a state that is responsible for the licensing and 4575
6773-
6774-CS/CS/HB 1549 2024
6775-
6776-
6777-
6778-CODING: Words stricken are deletions; words underlined are additions.
6779-hb1549-02-c2
6780-Page 184 of 272
6781-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
6782-
6783-
6784-
6785-regulation of speech-language pathologists. 4576
6786- (26) "State" means any state, commonwealth, district, or 4577
6787-territory of the United States of America that regulates the 4578
6788-practice of audiology and speech -language pathology. 4579
6789- (27) "State practice laws" means a member state's law s, 4580
6790-rules, and regulations that govern the practice of audiology or 4581
6791-speech-language pathology, define the scope of audiology or 4582
6792-speech-language pathology practice, and create the methods and 4583
6793-grounds for imposing discipline. 4584
6794- (28) "Telehealth" means the app lication of 4585
6795-telecommunication technology to deliver audiology or speech -4586
6796-language pathology services at a distance for assessment, 4587
6797-intervention, or consultation. 4588
6798- 4589
6799-ARTICLE III 4590
6800-STATE PARTICIPATION 4591
6801- 4592
6802- (1) A license issued to an audiologist or speech -language 4593
6803-pathologist by a home state to a resident in that state must be 4594
6804-recognized by each member state as authorizing an audiologist or 4595
6805-speech-language pathologist to practice audiology or speech -4596
6806-language pathology, under a privilege to practice, in each 4597
6807-member state. 4598
6808- (2) A state must implement procedures for considering the 4599
6809-criminal history records of applicants for initial privilege to 4600
6810-
6811-CS/CS/HB 1549 2024
6812-
6813-
6814-
6815-CODING: Words stricken are deletions; words underlined are additions.
6816-hb1549-02-c2
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6818-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
6819-
6820-
6821-
6822-practice. These procedures must include the submission of 4601
6823-fingerprints or other biometric -based information by applicants 4602
6824-for the purpose of obtaining an applicant's criminal history 4603
6825-records from the Federal Bureau of Investigation and the agency 4604
6826-responsible for retaining that state's criminal history records. 4605
6827- (a) A member state must fully implement a criminal history 4606
6828-records check procedure, within a timeframe established by rule, 4607
6829-which requires the member state to receive an applicant's 4608
6830-criminal history records from the Federal Bureau of 4609
6831-Investigation and the agency responsible for retaining the 4610
6832-member state's criminal history records and use such records in 4611
6833-making licensure decisions. 4612
6834- (b) Communication between a member state, the commission, 4613
6835-and other member states regarding the verification of 4614
6836-eligibility for licensure through the compact may not include 4615
6837-any information rece ived from the Federal Bureau of 4616
6838-Investigation relating to a criminal history records check 4617
6839-performed by a member state under Pub. L. No. 92 -544. 4618
6840- (3) Upon application for a privilege to practice, the 4619
6841-licensing board in the issuing remote state must determ ine, 4620
6842-through the data system, whether the applicant has ever held, or 4621
6843-is the holder of, a license issued by any other state, whether 4622
6844-there are any encumbrances on any license or privilege to 4623
6845-practice held by the applicant, and whether any adverse action 4624
6846-has been taken against any license or privilege to practice held 4625
6847-
6848-CS/CS/HB 1549 2024
6849-
6850-
6851-
6852-CODING: Words stricken are deletions; words underlined are additions.
6853-hb1549-02-c2
6854-Page 186 of 272
6855-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
6856-
6857-
6858-
6859-by the applicant. 4626
6860- (4) Each member state must require an applicant to obtain 4627
6861-or retain a license in his or her home state and meet the home 4628
6862-state's qualifications for licensure or renewal of l icensure and 4629
6863-all other applicable state laws. 4630
6864- (5) Each member state must require that an applicant meet 4631
6865-all of the following criteria to receive the privilege to 4632
6866-practice as an audiologist in the member state: 4633
6867- (a) One of the following educational requi rements: 4634
6868- 1. On or before December 31, 2007, has graduated with a 4635
6869-master's degree or doctoral degree in audiology, or an 4636
6870-equivalent degree, regardless of the name of such degree, from a 4637
6871-program that is accredited by an accrediting agency recognized 4638
6872-by the Council for Higher Education Accreditation, or its 4639
6873-successor, or by the United States Department of Education and 4640
6874-operated by a college or university accredited by a regional or 4641
6875-national accrediting organization recognized by the board; or 4642
6876- 2. On or after January 1, 2008, has graduated with a 4643
6877-doctoral degree in audiology, or an equivalent degree, 4644
6878-regardless of the name of such degree, from a program that is 4645
6879-accredited by an accrediting agency recognized by the Council 4646
6880-for Higher Education Accreditatio n, or its successor, or by the 4647
6881-United States Department of Education and operated by a college 4648
6882-or university accredited by a regional or national accrediting 4649
6883-organization recognized by the board; or 4650
6884-
6885-CS/CS/HB 1549 2024
6886-
6887-
6888-
6889-CODING: Words stricken are deletions; words underlined are additions.
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6892-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
6893-
6894-
6895-
6896- 3. Has graduated from an audiology program that is hous ed 4651
6897-in an institution of higher education outside of the United 4652
6898-States for which the degree program and institution have been 4653
6899-approved by the authorized accrediting body in the applicable 4654
6900-country and the degree program has been verified by an 4655
6901-independent credentials review agency to be comparable to a 4656
6902-state licensing board -approved program. 4657
6903- (b) Has completed a supervised clinical practicum 4658
6904-experience from an accredited educational institution or its 4659
6905-cooperating programs as required by the commission. 4660
6906- (c) Has successfully passed a national examination 4661
6907-approved by the commission. 4662
6908- (d) Holds an active, unencumbered license. 4663
6909- (e) Has not been convicted or found guilty of, or entered 4664
6910-a plea of guilty or nolo contendere to, regardless of 4665
6911-adjudication, a felon y in any jurisdiction which directly 4666
6912-relates to the practice of his or her profession or the ability 4667
6913-to practice his or her profession. 4668
6914- (f) Has a valid United States social security number or a 4669
6915-national provider identifier number. 4670
6916- (6) Each member state must require that an applicant meet 4671
6917-all of the following criteria to receive the privilege to 4672
6918-practice as a speech -language pathologist in the member state: 4673
6919- (a) One of the following educational requirements: 4674
6920- 1. Has graduated with a master's degree fro m a speech-4675
6921-
6922-CS/CS/HB 1549 2024
6923-
6924-
6925-
6926-CODING: Words stricken are deletions; words underlined are additions.
6927-hb1549-02-c2
6928-Page 188 of 272
6929-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
6930-
6931-
6932-
6933-language pathology program that is accredited by an organization 4676
6934-recognized by the United States Department of Education and 4677
6935-operated by a college or university accredited by a regional or 4678
6936-national accrediting organization recognized by the boar d; or 4679
6937- 2. Has graduated from a speech -language pathology program 4680
6938-that is housed in an institution of higher education outside of 4681
6939-the United States for which the degree program and institution 4682
6940-have been approved by the authorized accrediting body in the 4683
6941-applicable country and the degree program has been verified by 4684
6942-an independent credentials review agency to be comparable to a 4685
6943-state licensing board -approved program. 4686
6944- (b) Has completed a supervised clinical practicum 4687
6945-experience from an educational instituti on or its cooperating 4688
6946-programs as required by the commission. 4689
6947- (c) Has completed a supervised postgraduate professional 4690
6948-experience as required by the commission. 4691
6949- (d) Has successfully passed a national examination 4692
6950-approved by the commission. 4693
6951- (e) Holds an active, unencumbered license. 4694
6952- (f) Has not been convicted or found guilty of, or entered 4695
6953-a plea of guilty or nolo contendere to, regardless of 4696
6954-adjudication, a felony in any jurisdiction which directly 4697
6955-relates to the practice of his or her profession or the ability 4698
6956-to practice his or her profession. 4699
6957- (g) Has a valid United States social security number or 4700
6958-
6959-CS/CS/HB 1549 2024
6960-
6961-
6962-
6963-CODING: Words stricken are deletions; words underlined are additions.
6964-hb1549-02-c2
6965-Page 189 of 272
6966-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
6967-
6968-
6969-
6970-national provider identifier number. 4701
6971- (7) The privilege to practice is derived from the home 4702
6972-state license. 4703
6973- (8) An audiologist or speech -language pathologist 4704
6974-practicing in a member state must comply with the state practice 4705
6975-laws of the member state where the client is located at the time 4706
6976-service is provided. The practice of audiology and speech -4707
6977-language pathology includes all audiology and speech -language 4708
6978-pathology practices as defined by the state practice laws of the 4709
6979-member state where the client is located. The practice of 4710
6980-audiology and speech -language pathology in a member state under 4711
6981-a privilege to practice subjects an audiologist or speech -4712
6982-language pathologist to the jurisdiction of the licensing 4713
6983-boards, courts, and laws of the member state where the client is 4714
6984-located at the time service is provided. 4715
6985- (9) Individuals not residing in a member state shall 4716
6986-continue to be able to apply for a member s tate's single-state 4717
6987-license as provided under the laws of each member state. 4718
6988-However, the single-state license granted to these individuals 4719
6989-may not be recognized as granting the privilege to practice 4720
6990-audiology or speech-language pathology in any other memb er 4721
6991-state. The compact does not affect the requirements established 4722
6992-by a member state for the issuance of a single -state license. 4723
6993- (10) Member states may charge a fee for granting a compact 4724
6994-privilege. 4725
6995-
6996-CS/CS/HB 1549 2024
6997-
6998-
6999-
7000-CODING: Words stricken are deletions; words underlined are additions.
7001-hb1549-02-c2
7002-Page 190 of 272
7003-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
7004-
7005-
7006-
7007- (11) Member states must comply with the bylaws and ru les 4726
7008-of the commission. 4727
7009- 4728
7010-ARTICLE IV 4729
7011-COMPACT PRIVILEGE 4730
7012- 4731
7013- (1) To exercise compact privilege under the compact, the 4732
7014-audiologist or speech -language pathologist must meet all of the 4733
7015-following criteria: 4734
7016- (a) Hold an active license in the home state. 4735
7017- (b) Have no encumbrance on any state license. 4736
7018- (c) Be eligible for compact privilege in any member state 4737
7019-in accordance with Article III. 4738
7020- (d) Not have any adverse action against any license or 4739
7021-compact privilege within the 2 years preceding the date of 4740
7022-application. 4741
7023- (e) Notify the commission that he or she is seeking 4742
7024-compact privilege within a remote state or states. 4743
7025- (f) Pay any applicable fees, including any state fee, for 4744
7026-the compact privilege. 4745
7027- (g) Report to the commission any adverse action taken by 4746
7028-any nonmember state within 30 days after the date the adverse 4747
7029-action is taken. 4748
7030- (2) For the purposes of compact privilege, an audiologist 4749
7031-or speech-language pathologist may only hold one home state 4750
7032-
7033-CS/CS/HB 1549 2024
7034-
7035-
7036-
7037-CODING: Words stricken are deletions; words underlined are additions.
7038-hb1549-02-c2
7039-Page 191 of 272
7040-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
7041-
7042-
7043-
7044-license at a time. 4751
7045- (3) Except as provided in Article VI, if an audiologist or 4752
7046-speech-language pathologist changes his or her primary state of 4753
7047-residence by moving between two member states, the audiologist 4754
7048-or speech-language pathologist must apply for licensure in the 4755
7049-new home state, and the license issued by the prio r home state 4756
7050-shall be deactivated in accordance with applicable rules adopted 4757
7051-by the commission. 4758
7052- (4) The audiologist or speech -language pathologist may 4759
7053-apply for licensure in advance of a change in his or her primary 4760
7054-state of residence. 4761
7055- (5) A license may not be issued by the new home state 4762
7056-until the audiologist or speech -language pathologist provides 4763
7057-satisfactory evidence of a change in his or her primary state of 4764
7058-residence to the new home state and satisfies all applicable 4765
7059-requirements to obtain a lice nse from the new home state. 4766
7060- (6) If an audiologist or speech -language pathologist 4767
7061-changes his or her primary state of residence by moving from a 4768
7062-member state to a nonmember state, the license issued by the 4769
7063-prior home state shall convert to a single -state license, valid 4770
7064-only in the former home state. 4771
7065- (7) Compact privilege is valid until the expiration date 4772
7066-of the home state license. The licensee must comply with the 4773
7067-requirements of subsection (1) to maintain compact privilege in 4774
7068-the remote state. 4775
7069-
7070-CS/CS/HB 1549 2024
7071-
7072-
7073-
7074-CODING: Words stricken are deletions; words underlined are additions.
7075-hb1549-02-c2
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7077-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
7078-
7079-
7080-
7081- (8) A licensee providing audiology or speech -language 4776
7082-pathology services in a remote state under compact privilege 4777
7083-shall function within the laws and regulations of the remote 4778
7084-state. 4779
7085- (9) A remote state may, in accordance with due process and 4780
7086-state law, remove a licensee's compact privilege in the remote 4781
7087-state for a specific period of time, impose fines, or take any 4782
7088-other necessary actions to protect the health and safety of its 4783
7089-residents. 4784
7090- (10) If a home state license is encumbered, the licensee 4785
7091-shall lose compact privilege in all remote states until both of 4786
7092-the following occur: 4787
7093- (a) The home state license is no longer encumbered. 4788
7094- (b) Two years have lapsed from the date of the adverse 4789
7095-action. 4790
7096- (11) Once an encumbered license in the home state is 4791
7097-restored to good standing, the licensee must meet the 4792
7098-requirements of subsection (1) to obtain compact privilege in 4793
7099-any remote state. 4794
7100- (12) Once the requirements of subsection (10) have been 4795
7101-met, the licensee must meet the requirements in subsection (1) 4796
7102-to obtain compact privilege in a remote state. 4797
7103- 4798
7104-ARTICLE V 4799
7105-COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 4800
7106-
7107-CS/CS/HB 1549 2024
7108-
7109-
7110-
7111-CODING: Words stricken are deletions; words underlined are additions.
7112-hb1549-02-c2
7113-Page 193 of 272
7114-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
7115-
7116-
7117-
7118- 4801
7119- Member states shall recognize the right of an audiologist 4802
7120-or speech-language pathologist, licensed by a home state in 4803
7121-accordance with Article III and under rules adopted by the 4804
7122-commission, to practice audiology or speech -language pathology 4805
7123-in any member state through the use of telehealth under 4806
7124-privilege to practice as provided in the compact and rules 4807
7125-adopted by the commission. 4808
7126- 4809
7127-ARTICLE VI 4810
7128-ACTIVE DUTY MILITARY PER SONNEL AND THEIR SPOUSES 4811
7129- 4812
7130- Active duty military personnel, or their spouses, as 4813
7131-applicable, shall designate a home state where the individual 4814
7132-has a current license in good standing. The individual may 4815
7133-retain the home state designation during the period the 4816
7134-servicemember is on active duty. Subsequent to designating a 4817
7135-home state, the individual shall only change his or her home 4818
7136-state only through application for licensure in the new state. 4819
7137- 4820
7138-ARTICLE VII 4821
7139-ADVERSE ACTIONS 4822
7140- 4823
7141- (1) In addition to the other powers co nferred by state 4824
7142-law, a remote state may: 4825
7143-
7144-CS/CS/HB 1549 2024
7145-
7146-
7147-
7148-CODING: Words stricken are deletions; words underlined are additions.
7149-hb1549-02-c2
7150-Page 194 of 272
7151-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
7152-
7153-
7154-
7155- (a) Take adverse action against an audiologist's or 4826
7156-speech-language pathologist's privilege to practice within that 4827
7157-member state. 4828
7158- 1. Only the home state has the power to take adverse 4829
7159-action against an audiologi st's or a speech-language 4830
7160-pathologist's license issued by the home state. 4831
7161- 2. For purposes of taking adverse action, the home state 4832
7162-shall give the same priority and effect to reported conduct 4833
7163-received from a member state as it would if the conduct had 4834
7164-occurred within the home state. In so doing, the home state 4835
7165-shall apply its own state laws to determine appropriate action. 4836
7166- (b) Issue subpoenas for both hearings and investigations 4837
7167-that require the attendance and testimony of witnesses as well 4838
7168-as the production of evidence. Subpoenas issued by a licensing 4839
7169-board in a member state for the attendance and testimony of 4840
7170-witnesses or the production of evidence from another member 4841
7171-state must be enforced in the latter state by any court of 4842
7172-competent jurisdiction acco rding to the practice and procedure 4843
7173-of that court applicable to subpoenas issued in proceedings 4844
7174-pending before it. The issuing authority shall pay any witness 4845
7175-fees, travel expenses, mileage, and other fees required by the 4846
7176-service statutes of the state in w hich the witnesses or evidence 4847
7177-are located. 4848
7178- (c) Complete any pending investigations of an audiologist 4849
7179-or speech-language pathologist who changes his or her primary 4850
7180-
7181-CS/CS/HB 1549 2024
7182-
7183-
7184-
7185-CODING: Words stricken are deletions; words underlined are additions.
7186-hb1549-02-c2
7187-Page 195 of 272
7188-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
7189-
7190-
7191-
7192-state of residence during the course of the investigations. The 4851
7193-home state also has the au thority to take appropriate actions 4852
7194-and shall promptly report to the administrator of the data 4853
7195-system the conclusions of the investigations. The administrator 4854
7196-of the data system shall promptly notify the new home state of 4855
7197-any adverse actions. 4856
7198- (d) If otherwise allowed by state law, recover from the 4857
7199-affected audiologist or speech -language pathologist the costs of 4858
7200-investigations and disposition of cases resulting from any 4859
7201-adverse action taken against that audiologist or speech - 4860
7202-language pathologist. 4861
7203- (e) Take adverse action based on the factual findings of 4862
7204-the remote state, provided that the member state follows the 4863
7205-member state's own procedures for taking the adverse action. 4864
7206- (2)(a) In addition to the authority granted to a member 4865
7207-state by its respective a udiology or speech-language pathology 4866
7208-practice act or other applicable state law, any member state may 4867
7209-participate with other member states in joint investigations of 4868
7210-licensees. 4869
7211- (b) Member states shall share any investigative, 4870
7212-litigation, or compliance m aterials in furtherance of any joint 4871
7213-or individual investigation initiated under the compact. 4872
7214- (3) If adverse action is taken by the home state against 4873
7215-an audiologist's or a speech language pathologist's license, the 4874
7216-audiologist's or speech -language pathologist's privilege to 4875
7217-
7218-CS/CS/HB 1549 2024
7219-
7220-
7221-
7222-CODING: Words stricken are deletions; words underlined are additions.
7223-hb1549-02-c2
7224-Page 196 of 272
7225-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
7226-
7227-
7228-
7229-practice in all other member states shall be deactivated until 4876
7230-all encumbrances have been removed from the home state license. 4877
7231-All home state disciplinary orders that impose adverse action 4878
7232-against an audiologist's or a speech language pathologist's 4879
7233-license must include a statement that the audiologist's or 4880
7234-speech-language pathologist's privilege to practice is 4881
7235-deactivated in all member states during the pendency of the 4882
7236-order. 4883
7237- (4) If a member state takes adverse action, it must 4884
7238-promptly notify the administrator of the data system. The 4885
7239-administrator of the data system shall promptly notify the home 4886
7240-state of any adverse actions by remote states. 4887
7241- (5) The compact does not override a member state's 4888
7242-decision that participation in an altern ative program may be 4889
7243-used in lieu of adverse action. 4890
7244- 4891
7245-ARTICLE VIII 4892
7246-ESTABLISHMENT OF THE AUDIOLOGY 4893
7247-AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT COMMISSION 4894
7248- 4895
7249- (1) The member states hereby create and establish a joint 4896
7250-public agency known as the Audiology and Speech-language 4897
7251-Pathology Interstate Compact Commission. 4898
7252- (a) The commission is an instrumentality of the compact 4899
7253-states. 4900
7254-
7255-CS/CS/HB 1549 2024
7256-
7257-
7258-
7259-CODING: Words stricken are deletions; words underlined are additions.
7260-hb1549-02-c2
7261-Page 197 of 272
7262-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
7263-
7264-
7265-
7266- (b) Venue is proper, and judicial proceedings by or 4901
7267-against the commission must be brought solely and exclusively in 4902
7268-a court of competent jurisdiction where the principal office of 4903
7269-the commission is located. The commission may waive venue and 4904
7270-jurisdictional defenses to the extent it adopts or consents to 4905
7271-participate in alternative dispute resolution proceedings. 4906
7272- (c) This compact does not waive sovereign immunity except 4907
7273-to the extent sovereign immunity is waived in the member states. 4908
7274- (2)(a) Each member state must have two delegates selected 4909
7275-by that member state's licensing boards. The delegates must be 4910
7276-current members of the licensing boards. One delegate must be an 4911
7277-audiologist and one delegate must be a speech -language 4912
7278-pathologist. 4913
7279- (b) An additional five delegates, who are either public 4914
7280-members or board administrators from licensing boards, must be 4915
7281-chosen by the executive c ommittee from a pool of nominees 4916
7282-provided by the commission at large. 4917
7283- (c) A delegate may be removed or suspended from office as 4918
7284-provided by the state law from which the delegate is appointed. 4919
7285- (d) The member state board shall fill any vacancy 4920
7286-occurring on the commission within 90 days after the vacancy 4921
7287-occurs. 4922
7288- (e) Each delegate is entitled to one vote with regard to 4923
7289-the adoption of rules and creation of bylaws and shall otherwise 4924
7290-have an opportunity to participate in the business and affairs 4925
7291-
7292-CS/CS/HB 1549 2024
7293-
7294-
7295-
7296-CODING: Words stricken are deletions; words underlined are additions.
7297-hb1549-02-c2
7298-Page 198 of 272
7299-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
7300-
7301-
7302-
7303-of the commission. 4926
7304- (f) A delegate shall vote in person or by other means as 4927
7305-provided in the bylaws. The bylaws may provide for delegates' 4928
7306-participation in meetings by telephone or other means of 4929
7307-communication. 4930
7308- (g) The commission shall meet at least once during e ach 4931
7309-calendar year. Additional meetings must be held as provided in 4932
7310-the bylaws and rules. 4933
7311- (3) The commission has the following powers and duties: 4934
7312- (a) Establish the commission's fiscal year. 4935
7313- (b) Establish bylaws. 4936
7314- (c) Establish a code of ethics. 4937
7315- (d) Maintain its financial records in accordance with the 4938
7316-bylaws. 4939
7317- (e) Meet and take actions as are consistent with the 4940
7318-compact and the bylaws. 4941
7319- (f) Adopt uniform rules to facilitate and coordinate 4942
7320-implementation and administration of the compact. The rules 4943
7321-shall have the force and effect of law and are binding on all 4944
7322-member states. 4945
7323- (g) Bring and prosecute legal proceedings or actions in 4946
7324-the name of the commission, provided that the standing of an 4947
7325-audiology licensing board or a speech -language pathology 4948
7326-licensing board to sue or be sued under applicable law is not 4949
7327-affected. 4950
7328-
7329-CS/CS/HB 1549 2024
7330-
7331-
7332-
7333-CODING: Words stricken are deletions; words underlined are additions.
7334-hb1549-02-c2
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7336-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
7337-
7338-
7339-
7340- (h) Purchase and maintain insurance and bonds. 4951
7341- (i) Borrow, accept, or contract for services of personnel, 4952
7342-including, but not limited to, employees of a member state. 4953
7343- (j) Hire employees, elect or appoint officers, fix 4954
7344-compensation, define duties, grant individuals appropriate 4955
7345-authority to carry out the purposes of the compact, and 4956
7346-establish the commission's personnel policies and programs 4957
7347-relating to conflicts of interest, qualificat ions of personnel, 4958
7348-and other related personnel matters. 4959
7349- (k) Accept any appropriate donations and grants of money, 4960
7350-equipment, supplies, and materials and services, and receive, 4961
7351-use, and dispose of the same, provided that at all times the 4962
7352-commission must avoid any appearance of impropriety or conflict 4963
7353-of interest. 4964
7354- (l) Lease, purchase, accept appropriate gifts or donations 4965
7355-of, or otherwise own, hold, improve, or use any property, real, 4966
7356-personal, or mixed, provided that at all times the commission 4967
7357-shall avoid any appearance of impropriety. 4968
7358- (m) Sell, convey, mortgage, pledge, lease, exchange, 4969
7359-abandon, or otherwise dispose of any property real, personal, or 4970
7360-mixed. 4971
7361- (n) Establish a budget and make expenditures. 4972
7362- (o) Borrow money. 4973
7363- (p) Appoint committees, including standing committees 4974
7364-composed of members, and other interested persons as may be 4975
7365-
7366-CS/CS/HB 1549 2024
7367-
7368-
7369-
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7371-hb1549-02-c2
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7373-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
7374-
7375-
7376-
7377-designated in the compact and the bylaws. 4976
7378- (q) Provide and receive information from, and cooperate 4977
7379-with, law enforcement agencies. 4978
7380- (r) Establish and elect an executive committee. 4979
7381- (s) Perform other functions as may be necessary or 4980
7382-appropriate to achieve the purposes of the compact consistent 4981
7383-with the state regulation of audiology and speech -language 4982
7384-pathology licensure and practice. 4983
7385- (4) The executive committee shall have the power to act on 4984
7386-behalf of the commission according to the terms of the compact. 4985
7387- (a) The executive committee must be composed of 10 members 4986
7388-as follows: 4987
7389- 1. Seven voting members who are elected by the commission 4988
7390-from the current membership of the commission. 4989
7391- 2. Two ex officio members, consisting of one nonvoting 4990
7392-member from a recognized national audiology professional 4991
7393-association and one nonvoting member from a recognized national 4992
7394-speech-language pathology associati on. 4993
7395- 3. One ex-officio, nonvoting member from the recognized 4994
7396-membership organization of the audiology licensing and speech -4995
7397-language pathology licensing boards. 4996
7398- (b) The ex officio members must be selected by their 4997
7399-respective organizations. 4998
7400- (c) The commission may remove any member of the executive 4999
7401-committee as provided in the bylaws. 5000
7402-
7403-CS/CS/HB 1549 2024
7404-
7405-
7406-
7407-CODING: Words stricken are deletions; words underlined are additions.
7408-hb1549-02-c2
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7410-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
7411-
7412-
7413-
7414- (d) The executive committee shall meet at least annually. 5001
7415- (e) The executive committee has the following duties and 5002
7416-responsibilities: 5003
7417- 1. Recommend to the entire commiss ion changes to the rules 5004
7418-or bylaws and changes to this compact legislation, fees paid by 5005
7419-member states such as annual dues, and any commission compact 5006
7420-fee charged to licensees for the compact privilege. 5007
7421- 2. Ensure compact administration services are 5008
7422-appropriately provided, contractual or otherwise. 5009
7423- 3. Prepare and recommend the budget. 5010
7424- 4. Maintain financial records on behalf of the commission. 5011
7425- 5. Monitor compact compliance of member states and provide 5012
7426-compliance reports to the commission. 5013
7427- 6. Establish additional committees as necessary. 5014
7428- 7. Other duties as provided by rule or bylaw. 5015
7429- (f) All meetings must be open to the public, and public 5016
7430-notice of meetings must be given in the same manner as required 5017
7431-under the rulemaking provisions in Article X. 5018
7432- (g) If a meeting or any portion of a meeting is closed 5019
7433-under this subsection, the commission's legal counsel or 5020
7434-designee must certify that the meeting may be closed and must 5021
7435-reference each relevant exempting provision. 5022
7436- (h) The commission shall keep minu tes that fully and 5023
7437-clearly describe all matters discussed in a meeting and shall 5024
7438-provide a full and accurate summary of actions taken, and the 5025
7439-
7440-CS/CS/HB 1549 2024
7441-
7442-
7443-
7444-CODING: Words stricken are deletions; words underlined are additions.
7445-hb1549-02-c2
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7447-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
7448-
7449-
7450-
7451-reasons therefore, including a description of the views 5026
7452-expressed. All documents considered in connection with an action 5027
7453-must be identified in minutes. All minutes and documents of a 5028
7454-closed meeting must remain under seal, subject to release by a 5029
7455-majority vote of the commission or order of a court of competent 5030
7456-jurisdiction. 5031
7457- (5) Relating to the financing of the commi ssion, the 5032
7458-commission: 5033
7459- (a) Shall pay, or provide for the payment of, the 5034
7460-reasonable expenses of its establishment, organization, and 5035
7461-ongoing activities. 5036
7462- (b) May accept any and all appropriate revenue sources, 5037
7463-donations, and grants of money, equipment, supplies, materials, 5038
7464-and services. 5039
7465- (c) May levy on and collect an annual assessment from each 5040
7466-member state or impose fees on other parties to cover the cost 5041
7467-of the operations and activities of the commission and its 5042
7468-staff, which must be in a total amount sufficient to cover its 5043
7469-annual budget as approved each year for which revenue is not 5044
7470-provided by other sources. The aggregate annual assessment 5045
7471-amount shall be allocated based upon a formula to be determined 5046
7472-by the commission, which shall promulgate a rul e binding upon 5047
7473-all member states. 5048
7474- (d) May not incur obligations of any kind before securing 5049
7475-the funds adequate to meet the same and may not pledge the 5050
7476-
7477-CS/CS/HB 1549 2024
7478-
7479-
7480-
7481-CODING: Words stricken are deletions; words underlined are additions.
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7484-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
7485-
7486-
7487-
7488-credit of any of the member states, except by and with the 5051
7489-authority of the member state. 5052
7490- (e) Shall keep accurate accounts of all receipts and 5053
7491-disbursements of funds. The receipts and disbursements of funds 5054
7492-of the commission are subject to the audit and accounting 5055
7493-procedures established under its bylaws. However, all receipts 5056
7494-and disbursements of funds ha ndled by the commission must be 5057
7495-audited yearly by a certified or licensed public accountant, and 5058
7496-the report of the audit must be included in and become part of 5059
7497-the annual report of the commission. 5060
7498- (6) Relating to qualified immunity, defense, and 5061
7499-indemnification: 5062
7500- (a) The members, officers, executive director, employees, 5063
7501-and representatives of the commission are immune from suit and 5064
7502-liability, either personally or in their official capacity, for 5065
7503-any claim for damage to or loss of property or personal inju ry 5066
7504-or other civil liability caused by or arising out of any actual 5067
7505-or alleged act, error, or omission that occurred, or that the 5068
7506-person against whom the claim is made had a reasonable basis for 5069
7507-believing occurred within the scope of commission employment, 5070
7508-duties, or responsibilities; provided that this paragraph does 5071
7509-not protect any person from suit or liability for any damage, 5072
7510-loss, injury, or liability caused by the intentional or willful 5073
7511-or wanton misconduct of that person. 5074
7512- (b) The commission shall def end any member, officer, 5075
7513-
7514-CS/CS/HB 1549 2024
7515-
7516-
7517-
7518-CODING: Words stricken are deletions; words underlined are additions.
7519-hb1549-02-c2
7520-Page 204 of 272
7521-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
7522-
7523-
7524-
7525-executive director, employee, or representative of the 5076
7526-commission in any civil action seeking to impose liability 5077
7527-arising out of any actual or alleged act, error, or omission 5078
7528-that occurred within the scope of commission employment, duties, 5079
7529-or responsibilities, or that the person against whom the claim 5080
7530-is made had a reasonable basis for believing occurred within the 5081
7531-scope of commission employment, duties, or responsibilities; 5082
7532-provided that this paragraph may not be construed to prohi bit 5083
7533-that person from retaining his or her own counsel; and provided 5084
7534-further that the actual or alleged act, error, or omission did 5085
7535-not result from that person's intentional or willful or wanton 5086
7536-misconduct. 5087
7537- (c) The commission shall indemnify and hold harm less any 5088
7538-member, officer, executive director, employee, or representative 5089
7539-of the commission for the amount of any settlement or judgment 5090
7540-obtained against that person arising out of any actual or 5091
7541-alleged act, error, or omission that occurred within the scop e 5092
7542-of commission employment, duties, or responsibilities, or that 5093
7543-the person had a reasonable basis for believing occurred within 5094
7544-the scope of commission employment, duties, or responsibilities, 5095
7545-provided that the actual or alleged act, error, or omission di d 5096
7546-not result from the intentional or willful or wanton misconduct 5097
7547-of that person. 5098
7548- 5099
7549-ARTICLE IX 5100
7550-
7551-CS/CS/HB 1549 2024
7552-
7553-
7554-
7555-CODING: Words stricken are deletions; words underlined are additions.
7556-hb1549-02-c2
7557-Page 205 of 272
7558-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
7559-
7560-
7561-
7562-DATA SYSTEM 5101
7563- 5102
7564- (1) The commission shall provide for the development, 5103
7565-maintenance, and use of a coordinated database and reporting 5104
7566-system containing licensure, adverse action, and current 5105
7567-significant investigative information on all licensed 5106
7568-individuals in member states. 5107
7569- (2) Notwithstanding any other law to the contrary, a 5108
7570-member state shall submit a uniform data set to the data system 5109
7571-on all individuals to who m the compact is applicable as required 5110
7572-by the rules of the commission, including all of the following 5111
7573-information: 5112
7574- (a) Identifying information. 5113
7575- (b) Licensure data. 5114
7576- (c) Adverse actions against a license or compact 5115
7577-privilege. 5116
7578- (d) Nonconfidential inf ormation related to alternative 5117
7579-program participation. 5118
7580- (e) Any denial of application for licensure, and the 5119
7581-reason for such denial. 5120
7582- (f) Other information that may facilitate the 5121
7583-administration of the compact, as determined by the rules of the 5122
7584-commission. 5123
7585- (3) Current significant investigative information 5124
7586-pertaining to a licensee in a member state must be available 5125
7587-
7588-CS/CS/HB 1549 2024
7589-
7590-
7591-
7592-CODING: Words stricken are deletions; words underlined are additions.
7593-hb1549-02-c2
7594-Page 206 of 272
7595-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
7596-
7597-
7598-
7599-only to other member states. 5126
7600- (4) The commission shall promptly notify all member states 5127
7601-of any adverse action taken against a licensee or an individual 5128
7602-applying for a license. Adverse action information pertaining to 5129
7603-a licensee or an individual applying for a license in any member 5130
7604-state must be available to any other member state. 5131
7605- (5) Member states contributing information to the data 5132
7606-system may designate information that may not be shared with the 5133
7607-public without the express permission of the contributing state. 5134
7608- (6) Any information submitted to the data system that is 5135
7609-subsequently required to be expunged by the laws of the member 5136
7610-state contributing the information must be removed from the data 5137
7611-system. 5138
7612- 5139
7613-ARTICLE X 5140
7614-RULEMAKING 5141
7615- 5142
7616- (1) The commission shall exercise its rulemaking powers 5143
7617-pursuant to the criteria provided in this article and the rules 5144
7618-adopted thereunder. Rules and amendments b ecome binding as of 5145
7619-the date specified in each rule or amendment. 5146
7620- (2) If a majority of the legislatures of the member states 5147
7621-rejects a rule, by enactment of a statute or resolution in the 5148
7622-same manner used to adopt the compact within 4 years after the 5149
7623-date of adoption of the rule, the rule has no further force and 5150
7624-
7625-CS/CS/HB 1549 2024
7626-
7627-
7628-
7629-CODING: Words stricken are deletions; words underlined are additions.
7630-hb1549-02-c2
7631-Page 207 of 272
7632-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
7633-
7634-
7635-
7636-effect in any member state. 5151
7637- (3) Rules or amendments to the rules must be adopted at a 5152
7638-regular or special meeting of the commission. 5153
7639- (4) Before adoption of a final rule or rules by the 5154
7640-commission, and at least 30 days before the meeting at which the 5155
7641-rule shall be considered and voted upon, the commission shall 5156
7642-file a notice of proposed rulemaking: 5157
7643- (a) On the website of the commission or other publicly 5158
7644-accessible platform; and 5159
7645- (b) On the website of each member state audiology 5160
7646-licensing board and speech -language pathology licensing board or 5161
7647-other publicly accessible platform or the publication where each 5162
7648-state would otherwise publish proposed rules. 5163
7649- (5) The notice of proposed rulemaking must include all of 5164
7650-the following: 5165
7651- (a) The proposed time, date, and location of the meeting 5166
7652-in which the rule will be considered and voted upon. 5167
7653- (b) The text of and reason for the proposed rule or 5168
7654-amendment. 5169
7655- (c) A request for comments on the proposed rule from any 5170
7656-interested person. 5171
7657- (d) The manner in which interested persons may submit 5172
7658-notice to the commission of their intention to attend the public 5173
7659-hearing and any written comments. 5174
7660- (6) Before the adoption of a proposed rule, the commission 5175
7661-
7662-CS/CS/HB 1549 2024
7663-
7664-
7665-
7666-CODING: Words stricken are deletions; words underlined are additions.
7667-hb1549-02-c2
7668-Page 208 of 272
7669-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
7670-
7671-
7672-
7673-shall allow persons to submit written data, facts, opinions, and 5176
7674-arguments, which shall be made available to the public. 5177
7675- (a) The commission shall grant an opportunity for a public 5178
7676-hearing before it adopts a rule or amendment if a hearing is 5179
7677-requested by: 5180
7678- 1. At least 25 persons; 5181
7679- 2. A state or federal governmental subdivision or agency; 5182
7680-or 5183
7681- 3. An association having at least 25 members. 5184
7682- (b) If a hearing is held on the proposed rule or 5185
7683-amendment, the commission must publish the place, time, and date 5186
7684-of the scheduled public hearing. If the hearing is held via 5187
7685-electronic means, the commission must publish the mechanism for 5188
7686-access to the electronic hearing. 5189
7687- (c) All persons wishing to be heard at the hearing shall 5190
7688-notify the executive director of the commission or other 5191
7689-designated member in writing of their desire to appear and 5192
7690-testify at the hearing not less than 5 business days before the 5193
7691-scheduled date of the hearing. 5194
7692- (d) Hearings must be conducted in a manner providing each 5195
7693-person who wishes to comment a fa ir and reasonable opportunity 5196
7694-to comment orally or in writing. 5197
7695- (e) All hearings must be recorded. A copy of the recording 5198
7696-must be made available on request. 5199
7697- (7) This article does not require a separate hearing on 5200
7698-
7699-CS/CS/HB 1549 2024
7700-
7701-
7702-
7703-CODING: Words stricken are deletions; words underlined are additions.
7704-hb1549-02-c2
7705-Page 209 of 272
7706-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
7707-
7708-
7709-
7710-each rule. Rules may be grouped for the convenience of the 5201
7711-commission at hearings required by this article. 5202
7712- (8) Following the scheduled hearing date, or by the close 5203
7713-of business on the scheduled hearing date if the hearing was not 5204
7714-held, the commission shall consider all written and oral 5205
7715-comments received. 5206
7716- (9) If no written notice of intent to attend the public 5207
7717-hearing by interested parties is received, the commission may 5208
7718-proceed with adoption of the proposed rule without a public 5209
7719-hearing. 5210
7720- (10) The commission shall, by majority vote of all 5211
7721-members, take final action on the proposed rule and shall 5212
7722-determine the effective date of the rule, if any, based on the 5213
7723-rulemaking record and the full text of the rule. 5214
7724- (11) Upon determination that an emergency exists, the 5215
7725-commission may consider and ad opt an emergency rule without 5216
7726-prior notice, opportunity for comment, or hearing, provided that 5217
7727-the usual rulemaking procedures provided in the compact and in 5218
7728-this article retroactively apply to the rule as soon as 5219
7729-reasonably possible, but in no event later than 90 days after 5220
7730-the effective date of the rule. For purposes of this subsection, 5221
7731-an emergency rule is one that must be adopted immediately in 5222
7732-order to: 5223
7733- (a) Meet an imminent threat to public health, safety, or 5224
7734-welfare; 5225
7735-
7736-CS/CS/HB 1549 2024
7737-
7738-
7739-
7740-CODING: Words stricken are deletions; words underlined are additions.
7741-hb1549-02-c2
7742-Page 210 of 272
7743-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
7744-
7745-
7746-
7747- (b) Prevent a loss of commissi on or member state funds; or 5226
7748- (c) Meet a deadline for the promulgation of an 5227
7749-administrative rule that is established by federal law or rule. 5228
7750- (12) The commission or an authorized committee of the 5229
7751-commission may direct revisions to a previously adopted ru le or 5230
7752-amendment for purposes of correcting typographical errors, 5231
7753-errors in format, errors in consistency, or grammatical errors. 5232
7754-Public notice of any revisions must be posted on the website of 5233
7755-the commission. The revisions are subject to challenge by any 5234
7756-person for a period of 30 days after posting. A revision may be 5235
7757-challenged only on grounds that it results in a material change 5236
7758-to a rule. A challenge must be made in writing and delivered to 5237
7759-the chair of the commission before the end of the notice period. 5238
7760-If no challenge is made, the revision takes effect without 5239
7761-further action. If the revision is challenged, the revision may 5240
7762-not take effect without the approval of the commission. 5241
7763- 5242
7764-ARTICLE XI 5243
7765-DISPUTE RESOLUTION 5244
7766-AND ENFORCEMENT 5245
7767- 5246
7768- (1)(a) Upon request by a me mber state, the commission 5247
7769-shall attempt to resolve disputes related to the compact that 5248
7770-arise among member states and between member and nonmember 5249
7771-states. 5250
7772-
7773-CS/CS/HB 1549 2024
7774-
7775-
7776-
7777-CODING: Words stricken are deletions; words underlined are additions.
7778-hb1549-02-c2
7779-Page 211 of 272
7780-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
7781-
7782-
7783-
7784- (b) The commission shall adopt a rule providing for both 5251
7785-mediation and binding dispute resolution for disputes as 5252
7786-appropriate. 5253
7787- (2)(a) The commission, in the reasonable exercise of its 5254
7788-discretion, shall enforce the compact. 5255
7789- (b) By majority vote, the commission may initiate legal 5256
7790-action in the United States District Court for the District of 5257
7791-Columbia or the federal district where the commission has its 5258
7792-principal offices against a member state in default to enforce 5259
7793-compliance with the compact and its adopted rules and bylaws. 5260
7794-The relief sought may include both injunctive relief and 5261
7795-damages. In the even t judicial enforcement is necessary, the 5262
7796-prevailing member must be awarded all costs of litigation, 5263
7797-including reasonable attorney fees. 5264
7798- (c) The remedies provided in this subsection are not the 5265
7799-exclusive remedies of the commission. The commission may purs ue 5266
7800-any other remedies available under federal or state law. 5267
7801- 5268
7802-ARTICLE XII 5269
7803-EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 5270
7804- 5271
7805- (1) The compact becomes effective and binding on the date 5272
7806-of legislative enactment of the compact by no fewer than 10 5273
7807-member states. The p rovisions, which become effective at that 5274
7808-time, shall be limited to the powers granted to the commission 5275
7809-
7810-CS/CS/HB 1549 2024
7811-
7812-
7813-
7814-CODING: Words stricken are deletions; words underlined are additions.
7815-hb1549-02-c2
7816-Page 212 of 272
7817-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
7818-
7819-
7820-
7821-relating to assembly and the adoption of rules. Thereafter, the 5276
7822-commission shall meet and exercise rulemaking powers necessary 5277
7823-to implement and adminis ter the compact. 5278
7824- (2) Any state that joins the compact subsequent to the 5279
7825-commission's initial adoption of the rules is subject to the 5280
7826-rules as they exist on the date on which the compact becomes law 5281
7827-in that state. Any rule that has been previously adopted by the 5282
7828-commission has the full force and effect of law on the day the 5283
7829-compact becomes law in that state. 5284
7830- (3) A member state may withdraw from the compact by 5285
7831-enacting a statute repealing the compact. 5286
7832- (a) A member state's withdrawal does not take effect until 5287
7833-6 months after enactment of the repealing statute. 5288
7834- (b) Withdrawal does not affect the continuing requirement 5289
7835-of the withdrawing state's audiology licensing board or speech -5290
7836-language pathology licensing board to comply with the 5291
7837-investigative and adv erse action reporting requirements of the 5292
7838-compact before the effective date of withdrawal. 5293
7839- (4) The compact does not invalidate or prevent any 5294
7840-audiology or speech-language pathology licensure agreement or 5295
7841-other cooperative arrangement between a member sta te and a 5296
7842-nonmember state that does not conflict with the provisions of 5297
7843-this compact. 5298
7844- (5) The compact may be amended by the member states. An 5299
7845-amendment to the compact does not become effective and binding 5300
7846-
7847-CS/CS/HB 1549 2024
7848-
7849-
7850-
7851-CODING: Words stricken are deletions; words underlined are additions.
7852-hb1549-02-c2
7853-Page 213 of 272
7854-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
7855-
7856-
7857-
7858-upon any member state until it is enacted into the laws of all 5301
7859-member states. 5302
7860- 5303
7861-ARTICLE XIII 5304
7862-CONSTRUCTION AND SEVERABILITY 5305
7863- 5306
7864- The compact must be liberally construed so as to effectuate 5307
7865-its purposes. The provisions of the compact are severable and if 5308
7866-any phrase, clause, sentence, or provision of this compac t is 5309
7867-declared to be contrary to the constitution of any member state 5310
7868-or of the United States or the applicability thereof to any 5311
7869-government, agency, person, or circumstance is held invalid, the 5312
7870-validity of the remainder of the compact and the applicability 5313
7871-thereof to any government, agency, person, or circumstance is 5314
7872-not affected. If the compact is held contrary to the 5315
7873-constitution of any member state, the compact shall remain in 5316
7874-full force and effect as to the remaining member states and in 5317
7875-full force and effect as to the member state affected as to all 5318
7876-severable matters. 5319
7877- 5320
7878-ARTICLE XIV 5321
7879-BINDING EFFECT OF COMPACT AND OTHER LAWS 5322
7880- 5323
7881- (1) The compact does not prevent the enforcement of any 5324
7882-other law of a member state that is not inconsistent with the 5325
7883-
7884-CS/CS/HB 1549 2024
7885-
7886-
7887-
7888-CODING: Words stricken are deletions; words underlined are additions.
7889-hb1549-02-c2
7890-Page 214 of 272
7891-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
7892-
7893-
7894-
7895-compact. 5326
7896- (2) All laws of a member state in conflict with the 5327
7897-compact are superseded to the extent of the conflict. 5328
7898- (3) All lawful actions of the commission, including all 5329
7899-rules and bylaws adopted by the commission, are binding upon the 5330
7900-member states. 5331
7901- (4) All agreements between the commission and the member 5332
7902-states are binding in accordance with their terms. 5333
7903- (5) In the event any provision of the compact exceeds the 5334
7904-constitutional limits imposed on the legislature of any member 5335
7905-state, the provision is ineffective t o the extent of the 5336
7906-conflict with the constitutional provision in question in that 5337
7907-member state. 5338
7908- Section 57. The provisions of the Audiology and Speech -5339
7909-Language Pathology Interstate Compact do not authorize the 5340
7910-Department of Health or the Board of Spee ch-Language Pathology 5341
7911-and Audiology to collect a compact privilege fee, but rather 5342
7912-state that fees of this kind are allowable under the compact. 5343
7913-The Department of Health and the Board of Speech -Language 5344
7914-Pathology and Audiology must comply with the requirem ents of s. 5345
7915-456.025. 5346
7916- Section 58. Section 486.028, Florida Statutes, is amended 5347
7917-to read: 5348
7918- 486.028 License to practice physical therapy required. —A 5349
7919-No person may not shall practice, or hold herself or himself out 5350
7920-
7921-CS/CS/HB 1549 2024
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7923-
7924-
7925-CODING: Words stricken are deletions; words underlined are additions.
7926-hb1549-02-c2
7927-Page 215 of 272
7928-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
7929-
7930-
7931-
7932-as being able to practice, physical therapy in this state unless 5351
7933-she or he is licensed under in accordance with the provisions of 5352
7934-this chapter or holds a compact privilege in this state under 5353
7935-the Physical Therapy Licensure Compact as specified in s. 5354
7936-486.112.; however, Nothing in This chapter does not shall 5355
7937-prohibit any person licensed in this state under any other law 5356
7938-from engaging in the practice for which she or he is licensed. 5357
7939- Section 59. Section 486.031, Florida Statutes, is amended 5358
7940-to read: 5359
7941- 486.031 Physical therapist; licensing requirements ; 5360
7942-exemption.— 5361
7943- (1) To be eligible for licensing as a physical therapist, 5362
7944-an applicant must: 5363
7945- (a)(1) Be at least 18 years old; 5364
7946- (b)(2) Be of good moral character; and 5365
7947- (c)1.(3)(a) Have been graduated from a school of physical 5366
7948-therapy which has been approved for the educational preparation 5367
7949-of physical therapists by the appropriate accrediting agency 5368
7950-recognized by the Council for Higher Education Accreditation or 5369
7951-its successor Commission on Recognition of Postse condary 5370
7952-Accreditation or the United States Department of Education at 5371
7953-the time of her or his graduation and have passed, to the 5372
7954-satisfaction of the board, the American Registry Examination 5373
7955-before prior to 1971 or a national examination approved by the 5374
7956-board to determine her or his fitness for practice as a physical 5375
7957-
7958-CS/CS/HB 1549 2024
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7960-
7961-
7962-CODING: Words stricken are deletions; words underlined are additions.
7963-hb1549-02-c2
7964-Page 216 of 272
7965-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
7966-
7967-
7968-
7969-therapist under this chapter as hereinafter provided ; 5376
7970- 2.(b) Have received a diploma from a program in physical 5377
7971-therapy in a foreign country and have educational credentials 5378
7972-deemed equivalent to those required for the educational 5379
7973-preparation of physical therapists in this country, as 5380
7974-recognized by the appropriate agency as identified by the board, 5381
7975-and have passed to the satisfaction of the board an examination 5382
7976-to determine her or his fitness for practice as a physical 5383
7977-therapist under this chapter as hereinafter provided ; or 5384
7978- 3.(c) Be entitled to licensure without examination as 5385
7979-provided in s. 486.081. 5386
7980- (2) A person licensed as a physical therapist in another 5387
7981-state who is practicing under the Physical Therapy Licensure 5388
7982-Compact pursuant to s. 486.112, and only within the scope 5389
7983-provided therein, is exempt from the licensure requirements of 5390
7984-this section. 5391
7985- Section 60. Section 486.102, Florida Statutes, is amended 5392
7986-to read: 5393
7987- 486.102 Physical ther apist assistant; licensing 5394
7988-requirements; exemption.— 5395
7989- (1) To be eligible for licensing by the board as a 5396
7990-physical therapist assistant, an applicant must: 5397
7991- (a)(1) Be at least 18 years old; 5398
7992- (b)(2) Be of good moral character; and 5399
7993- (c)1.(3)(a) Have been graduated from a school providing 5400
7994-
7995-CS/CS/HB 1549 2024
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7997-
7998-
7999-CODING: Words stricken are deletions; words underlined are additions.
8000-hb1549-02-c2
8001-Page 217 of 272
8002-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
8003-
8004-
8005-
8006-giving a course of at least not less than 2 years for physical 5401
8007-therapist assistants, which has been approved for the 5402
8008-educational preparation of physical therapist assistants by the 5403
8009-appropriate accrediting agency recognized by the Council for 5404
8010-Higher Education Accreditation or its successor Commission on 5405
8011-Recognition of Postsecondary Accreditation or the United States 5406
8012-Department of Education, at the time of her or his graduation 5407
8013-and have passed to the satisfaction of the board an examination 5408
8014-to determine her or his fitness for practice as a physical 5409
8015-therapist assistant under this chapter as hereinafter provided ; 5410
8016- 2.(b) Have been graduated from a school providing giving a 5411
8017-course for physical therapist assistants in a foreign cou ntry 5412
8018-and have educational credentials deemed equivalent to those 5413
8019-required for the educational preparation of physical therapist 5414
8020-assistants in this country, as recognized by the appropriate 5415
8021-agency as identified by the board, and passed to the 5416
8022-satisfaction of the board an examination to determine her or his 5417
8023-fitness for practice as a physical therapist assistant under 5418
8024-this chapter as hereinafter provided ; 5419
8025- 3.(c) Be entitled to licensure without examination as 5420
8026-provided in s. 486.107; or 5421
8027- 4.(d) Have been enrolled between July 1, 2014, and July 1, 5422
8028-2016, in a physical therapist assistant school in this state 5423
8029-which was accredited at the time of enrollment; and 5424
8030- a.1. Have been graduated or be eligible to graduate from 5425
8031-
8032-CS/CS/HB 1549 2024
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8034-
8035-
8036-CODING: Words stricken are deletions; words underlined are additions.
8037-hb1549-02-c2
8038-Page 218 of 272
8039-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
8040-
8041-
8042-
8043-such school no later than July 1, 2018; and 5426
8044- b.2. Have passed to the satisfaction of the board an 5427
8045-examination to determine his or her fitness for practice as a 5428
8046-physical therapist assistant as provided in s. 486.104. 5429
8047- (2) A person licensed as a physical therapist assistant in 5430
8048-another state who is pra cticing under the Physical Therapy 5431
8049-Licensure Compact pursuant to s. 486.112, and only within the 5432
8050-scope provided therein, is exempt from the licensure 5433
8051-requirements of this section. 5434
8052- Section 61. Section 486.112, Florida Statutes, is created 5435
8053-to read: 5436
8054- 486.112 Physical Therapy Licensure Compact. —The Physical 5437
8055-Therapy Licensure Compact is hereby enacted into law and entered 5438
8056-into by this state with all other jurisdictions legally joining 5439
8057-therein in the form substantially as follows: 5440
8058- 5441
8059-ARTICLE I 5442
8060-PURPOSE AND OBJECTIVES 5443
8061- 5444
8062- (1) The purpose of the compact is to facilitate interstate 5445
8063-practice of physical therapy with the goal of improving public 5446
8064-access to physical therapy services. The compact preserves the 5447
8065-regulatory authority of member states to protect public health 5448
8066-and safety through their current systems of state licensure. For 5449
8067-purposes of state regulation under the compact, the practice of 5450
8068-
8069-CS/CS/HB 1549 2024
8070-
8071-
8072-
8073-CODING: Words stricken are deletions; words underlined are additions.
8074-hb1549-02-c2
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8076-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
8077-
8078-
8079-
8080-physical therapy is deemed to have occurred in the state where 5451
8081-the patient is located at the time physical therapy is provided 5452
8082-to the patient. 5453
8083- (2) The compact is designed to achieve all of the 5454
8084-following objectives: 5455
8085- (a) Increase public access to physical therapy services by 5456
8086-providing for the mutual recognition of other member state 5457
8087-licenses. 5458
8088- (b) Enhance the states' ability to protec t the public's 5459
8089-health and safety. 5460
8090- (c) Encourage the cooperation of member states in 5461
8091-regulating multistate physical therapy practice. 5462
8092- (d) Support spouses of relocating military members. 5463
8093- (e) Enhance the exchange of licensure, investigative, and 5464
8094-disciplinary information between member states. 5465
8095- (f) Allow a remote state to hold a provider of services 5466
8096-with a compact privilege in that state accountable to that 5467
8097-state's practice standards. 5468
8098- 5469
8099-ARTICLE II 5470
8100-DEFINITIONS 5471
8101- 5472
8102- As used in the compact, and except as otherwise provided, 5473
8103-the term: 5474
8104- (1) "Active duty military" means full -time duty status in 5475
8105-
8106-CS/CS/HB 1549 2024
8107-
8108-
8109-
8110-CODING: Words stricken are deletions; words underlined are additions.
8111-hb1549-02-c2
8112-Page 220 of 272
8113-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
8114-
8115-
8116-
8117-the active uniformed service of the United States, including 5476
8118-members of the National Guard and Reserve on active duty orders 5477
8119-pursuant to 10 U.S.C. chapter 1209 or cha pter 1211. 5478
8120- (2) "Adverse action" means disciplinary action taken by a 5479
8121-physical therapy licensing board based upon misconduct, 5480
8122-unacceptable performance, or a combination of both. 5481
8123- (3) "Alternative program" means a nondisciplinary 5482
8124-monitoring or practice re mediation process approved by a state's 5483
8125-physical therapy licensing board. The term includes, but is not 5484
8126-limited to, programs that address substance abuse issues. 5485
8127- (4) "Compact privilege" means the authorization granted by 5486
8128-a remote state to allow a license e from another member state to 5487
8129-practice as a physical therapist or physical therapist assistant 5488
8130-in the remote state under its laws and rules. 5489
8131- (5) "Continuing competence" means a requirement, as a 5490
8132-condition of license renewal, to provide evidence of 5491
8133-participation in, and completion of, educational and 5492
8134-professional activities relevant to the practice of physical 5493
8135-therapy. 5494
8136- (6) "Data system" means the coordinated database and 5495
8137-reporting system created by the Physical Therapy Compact 5496
8138-Commission for the exchang e of information between member states 5497
8139-relating to licensees or applicants under the compact, including 5498
8140-identifying information, licensure data, investigative 5499
8141-information, adverse actions, nonconfidential information 5500
8142-
8143-CS/CS/HB 1549 2024
8144-
8145-
8146-
8147-CODING: Words stricken are deletions; words underlined are additions.
8148-hb1549-02-c2
8149-Page 221 of 272
8150-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
8151-
8152-
8153-
8154-related to alternative program particip ation, any denials of 5501
8155-applications for licensure, and other information as specified 5502
8156-by commission rule. 5503
8157- (7) "Encumbered license" means a license that a physical 5504
8158-therapy licensing board has limited in any way. 5505
8159- (8) "Executive board" means a group of dir ectors elected 5506
8160-or appointed to act on behalf of, and within the powers granted 5507
8161-to them by, the commission. 5508
8162- (9) "Home state" means the member state that is the 5509
8163-licensee's primary state of residence. 5510
8164- (10) "Investigative information" means information, 5511
8165-records, and documents received or generated by a physical 5512
8166-therapy licensing board pursuant to an investigation. 5513
8167- (11) "Jurisprudence requirement" means the assessment of 5514
8168-an individual's knowledge of the laws and rules governing the 5515
8169-practice of physical the rapy in a specific state. 5516
8170- (12) "Licensee" means an individual who currently holds an 5517
8171-authorization from a state to practice as a physical therapist 5518
8172-or physical therapist assistant. 5519
8173- (13) "Member state" means a state that has enacted the 5520
8174-compact. 5521
8175- (14) "Physical therapist" means an individual licensed by 5522
8176-a state to practice physical therapy. 5523
8177- (15) "Physical therapist assistant" means an individual 5524
8178-licensed by a state to assist a physical therapist in specified 5525
8179-
8180-CS/CS/HB 1549 2024
8181-
8182-
8183-
8184-CODING: Words stricken are deletions; words underlined are additions.
8185-hb1549-02-c2
8186-Page 222 of 272
8187-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
8188-
8189-
8190-
8191-areas of physical therapy. 5526
8192- (16) "Physical therapy" or "the practice of physical 5527
8193-therapy" means the care and services provided by or under the 5528
8194-direction and supervision of a licensed physical therapist. 5529
8195- (17) "Physical Therapy Compact Commission" or "commission" 5530
8196-means the national administrative body whose membership consists 5531
8197-of all states that have enacted the compact. 5532
8198- (18) "Physical therapy licensing board" means the agency 5533
8199-of a state which is responsible for the licensing and regulation 5534
8200-of physical therapists and physical therapist assistants . 5535
8201- (19) "Remote state" means a member state other than the 5536
8202-home state where a licensee is exercising or seeking to exercise 5537
8203-the compact privilege. 5538
8204- (20) "Rule" means a regulation, principle, or directive 5539
8205-adopted by the commission which has the force of l aw. 5540
8206- (21) "State" means any state, commonwealth, district, or 5541
8207-territory of the United States of America which regulates the 5542
8208-practice of physical therapy. 5543
8209- 5544
8210-ARTICLE III 5545
8211-STATE PARTICIPATION IN THE COMPACT 5546
8212- 5547
8213- (1) To participate in the compact, a state must do all of 5548
8214-the following: 5549
8215- (a) Participate fully in the commission's data system, 5550
8216-
8217-CS/CS/HB 1549 2024
8218-
8219-
8220-
8221-CODING: Words stricken are deletions; words underlined are additions.
8222-hb1549-02-c2
8223-Page 223 of 272
8224-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
8225-
8226-
8227-
8228-including using the commission's unique identifier, as defined 5551
8229-by commission rule. 5552
8230- (b) Have a mechanism in place for receiving and 5553
8231-investigating complaints about licensees. 5554
8232- (c) Notify the commission, in accordance with the terms of 5555
8233-the compact and rules, of any adverse action or the availability 5556
8234-of investigative information regarding a licensee. 5557
8235- (d) Fully implement a criminal background check 5558
8236-requirement, within a timefram e established by commission rule, 5559
8237-which uses results from the Federal Bureau of Investigation 5560
8238-record search on criminal background checks to make licensure 5561
8239-decisions in accordance with subsection (2). 5562
8240- (e) Comply with the commission's rules. 5563
8241- (f) Use a recognized national examination as a requirement 5564
8242-for licensure pursuant to the commission's rules. 5565
8243- (g) Have continuing competence requirements as a condition 5566
8244-for license renewal. 5567
8245- (2) Upon adoption of the compact, a member state has the 5568
8246-authority to obtain biometric-based information from each 5569
8247-licensee applying for a compact privilege and submit this 5570
8248-information to the Federal Bureau of Investigation for a 5571
8249-criminal background check in accordance with 28 U.S.C. s. 534 5572
8250-and 34 U.S.C. s. 40316. 5573
8251- (3) A member state must grant the compact privilege to a 5574
8252-licensee holding a valid unencumbered license in another member 5575
8253-
8254-CS/CS/HB 1549 2024
8255-
8256-
8257-
8258-CODING: Words stricken are deletions; words underlined are additions.
8259-hb1549-02-c2
8260-Page 224 of 272
8261-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
8262-
8263-
8264-
8265-state in accordance with the terms of the compact and rules. 5576
8266- (4) Member states may charge a fee for granting a compact 5577
8267-privilege. 5578
8268- 5579
8269-ARTICLE IV 5580
8270-COMPACT PRIVILEGE 5581
8271- 5582
8272- (1) To exercise the compact privilege under the compact, a 5583
8273-licensee must satisfy all of the following conditions: 5584
8274- (a) Hold a license in the home state. 5585
8275- (b) Not have an encumbrance on any state license. 5586
8276- (c) Be eligible for a compact privilege in all member 5587
8277-states in accordance with subsections (4), (7), and (8). 5588
8278- (d) Not have had an adverse action against any license or 5589
8279-compact privilege within the preceding 2 years. 5590
8280- (e) Notify the commission that the licensee is seeking the 5591
8281-compact privilege within a remote state. 5592
8282- (f) Pay any applicable fees, including any state fee, for 5593
8283-the compact privilege. 5594
8284- (g) Meet any jurisprudence requirements established by the 5595
8285-remote state in which the licensee is seeking a compact 5596
8286-privilege. 5597
8287- (h) Report to the commission adverse action taken by any 5598
8288-nonmember state within 30 days after the date the adverse action 5599
8289-is taken. 5600
8290-
8291-CS/CS/HB 1549 2024
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8293-
8294-
8295-CODING: Words stricken are deletions; words underlined are additions.
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8298-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
8299-
8300-
8301-
8302- (2) The compact privilege is valid until the expiration 5601
8303-date of the home license. The licensee must continue to meet the 5602
8304-requirements of subsection (1) to maintain the compact privilege 5603
8305-in a remote state. 5604
8306- (3) A licensee providing physical therapy in a remote 5605
8307-state under the compact privilege must comply with the laws and 5606
8308-rules of the remote state. 5607
8309- (4) A licensee providin g physical therapy in a remote 5608
8310-state is subject to that state's regulatory authority. A remote 5609
8311-state may, in accordance with due process and that state's laws, 5610
8312-remove a licensee's compact privilege in the remote state for a 5611
8313-specific period of time, impose fines, and take any other 5612
8314-necessary actions to protect the health and safety of its 5613
8315-citizens. The licensee is not eligible for a compact privilege 5614
8316-in any member state until the specific period of time for 5615
8317-removal has ended and all fines are paid. 5616
8318- (5) If a home state license is encumbered, the licensee 5617
8319-loses the compact privilege in any remote state until the 5618
8320-following conditions are met: 5619
8321- (a) The home state license is no longer encumbered. 5620
8322- (b) Two years have elapsed from the date of the adverse 5621
8323-action. 5622
8324- (6) Once an encumbered license in the home state is 5623
8325-restored to good standing, the licensee must meet the 5624
8326-requirements of subsection (1) to obtain a compact privilege in 5625
8327-
8328-CS/CS/HB 1549 2024
8329-
8330-
8331-
8332-CODING: Words stricken are deletions; words underlined are additions.
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8335-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
8336-
8337-
8338-
8339-any remote state. 5626
8340- (7) If a licensee's compact privilege in any remote state 5627
8341-is removed, the licensee loses the compact privilege in all 5628
8342-remote states until all of the following conditions are met: 5629
8343- (a) The specific period of time for which the compact 5630
8344-privilege was removed has ended. 5631
8345- (b) All fines have been paid. 5632
8346- (c) Two years have elapsed from the date of the adverse 5633
8347-action. 5634
8348- (8) Once the requirements of subsection (7) have been met, 5635
8349-the licensee must meet the requirements of subsection (1) to 5636
8350-obtain a compact privilege in a remote state. 5637
8351- 5638
8352-ARTICLE V 5639
8353-ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 5640
6014+ 458.317 Limited licenses. — 4057
6015+ (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS. — 4058
6016+ (a) Any person desiring to obtain a limited license under 4059
6017+this subsection shall submit to the board an application and fee 4060
6018+not to exceed $300 and demonstrate that he or she has been 4061
6019+licensed to practice medicine in any jurisdiction in the United 4062
6020+States for at least 10 years and intends to practice only 4063
6021+pursuant to the restrictions of a limited license granted 4064
6022+pursuant to this subsection section. However, a physician who i s 4065
6023+not fully retired in all jurisdictions may use a limited license 4066
6024+only for noncompensated practice. If the person applying for a 4067
6025+limited license submits a statement from the employing agency or 4068
6026+institution stating that he or she will not receive compensat ion 4069
6027+for any service involving the practice of medicine, the 4070
6028+application fee and all licensure fees shall be waived. However, 4071
6029+any person who receives a waiver of fees for a limited license 4072
6030+shall pay such fees if the person receives compensation for the 4073
6031+practice of medicine. 4074
6032+ (b) If it has been more than 3 years since active practice 4075
6033+
6034+CS/HB 1549 2024
6035+
6036+
6037+
6038+CODING: Words stricken are deletions; words underlined are additions.
6039+hb1549-01-c1
6040+Page 164 of 316
6041+FL 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
6042+
6043+
6044+
6045+was conducted by the applicant, the full -time director of the 4076
6046+county health department or a licensed physician, approved by 4077
6047+the board, must shall supervise the applicant for a p eriod of 6 4078
6048+months after he or she is granted a limited license under this 4079
6049+subsection for practice, unless the board determines that a 4080
6050+shorter period of supervision will be sufficient to ensure that 4081
6051+the applicant is qualified for licensure. Procedures for s uch 4082
6052+supervision must shall be established by the board. 4083
6053+ (c) The recipient of a limited license under this 4084
6054+subsection may practice only in the employ of public agencies or 4085
6055+institutions or nonprofit agencies or institutions meeting the 4086
6056+requirements of s. 501(c)(3) of the Internal Revenue Code, which 4087
6057+agencies or institutions are located in the areas of critical 4088
6058+medical need as determined by the board. Determination of 4089
6059+medically underserved areas shall be made by the board after 4090
6060+consultation with the department of Health and statewide medical 4091
6061+organizations; however, such determination shall include, but 4092
6062+not be limited to, he alth professional shortage areas designated 4093
6063+by the United States Department of Health and Human Services. A 4094
6064+recipient of a limited license under this subsection may use the 4095
6065+license to work for any approved employer in any area of 4096
6066+critical need approved by the board. 4097
6067+ (d) The recipient of a limited license shall, within 30 4098
6068+days after accepting employment, notify the board of all 4099
6069+approved institutions in which the licensee practices and of all 4100
6070+
6071+CS/HB 1549 2024
6072+
6073+
6074+
6075+CODING: Words stricken are deletions; words underlined are additions.
6076+hb1549-01-c1
6077+Page 165 of 316
6078+FL 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
6079+
6080+
6081+
6082+approved institutions where practice privileges have been 4101
6083+denied. 4102
6084+ (e) This subsection does not limit Nothing herein limits 4103
6085+in any way any policy by the board, otherwise authorized by law, 4104
6086+to grant licenses to physicians duly licensed in other states 4105
6087+under conditions less restrictive than the requirements of this 4106
6088+subsection section. Notwithstanding the other provisions of this 4107
6089+subsection section, the board may refuse to authorize a 4108
6090+physician otherwise qualified to practice in the employ of any 4109
6091+agency or institution otherwise qualified if the agency or 4110
6092+institution has caused or permitted violations of the provisions 4111
6093+of this chapter which it knew or should have known were 4112
6094+occurring. 4113
6095+ (f)(2) The board shall notify the director of the full -4114
6096+time local county health department of any county in which a 4115
6097+licensee intends to prac tice under the provisions of this 4116
6098+subsection act. The director of the full -time county health 4117
6099+department shall assist in the supervision of any licensee 4118
6100+within the county and shall notify the board which issued the 4119
6101+licensee his or her license if he or she becomes aware of any 4120
6102+actions by the licensee which would be grounds for revocation of 4121
6103+the limited license. The board shall establish procedures for 4122
6104+such supervision. 4123
6105+ (g)(3) The board shall review the practice of each 4124
6106+licensee biennially to verify complia nce with the restrictions 4125
6107+
6108+CS/HB 1549 2024
6109+
6110+
6111+
6112+CODING: Words stricken are deletions; words underlined are additions.
6113+hb1549-01-c1
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6115+FL 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
6116+
6117+
6118+
6119+prescribed in this subsection section and other applicable 4126
6120+provisions of this chapter. 4127
6121+ (h)(4) Any person holding an active license to practice 4128
6122+medicine in this the state may convert that license to a limited 4129
6123+license under this subsection for the purpose of providing 4130
6124+volunteer, uncompensated care for low -income Floridians. The 4131
6125+applicant must submit a statement from the employing agency or 4132
6126+institution stating that he or she will not receive compensation 4133
6127+for any service involving th e practice of medicine. The 4134
6128+application fee and all licensure fees, including neurological 4135
6129+injury compensation assessments, are shall be waived for such 4136
6130+applicant. 4137
6131+ (2) GRADUATE ASSISTANT PHYSICIANS. — A graduate assistant 4138
6132+physician is a medical school gra duate who meets the 4139
6133+requirements of this subsection and has obtained a limited 4140
6134+license from the board for the purpose of practicing temporarily 4141
6135+under the direct supervision of a physician who has a full, 4142
6136+active, and unencumbered license issued under this c hapter, 4143
6137+pending the graduate's entrance into a residency under the 4144
6138+National Resident Match Program. 4145
6139+ (a) Any person desiring to obtain a limited license as a 4146
6140+graduate assistant physician must submit to the board an 4147
6141+application and demonstrate that he or s he meets all of the 4148
6142+following criteria: 4149
6143+ 1. Is a graduate of an allopathic medical school or 4150
6144+
6145+CS/HB 1549 2024
6146+
6147+
6148+
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6152+FL 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
6153+
6154+
6155+
6156+allopathic college approved by an accrediting agency recognized 4151
6157+by the United States Department of Education. 4152
6158+ 2. Has successfully passed all parts of the United States 4153
6159+Medical Licensing Examination. 4154
6160+ 3. Has not received and accepted a residency match from 4155
6161+the National Resident Matching Program within the first year 4156
6162+following graduation from medical school. 4157
6163+ (b) The board shall issue a graduate assistant physici an 4158
6164+limited license for a duration of 2 years to an applicant who 4159
6165+meets the requirements of paragraph (a) and all of the following 4160
6166+criteria: 4161
6167+ 1. Is at least 21 years of age. 4162
6168+ 2. Is of good moral character. 4163
6169+ 3. Submits documentation that the applicant has agreed to 4164
6170+enter into a written protocol drafted by a physician with a 4165
6171+full, active, and unencumbered license issued under this chapter 4166
6172+upon the board's issuance of a limited license to the applicant 4167
6173+and submits a copy of the protocol. The board shall esta blish by 4168
6174+rule specific provisions that must be included in a physician -4169
6175+drafted protocol. 4170
6176+ 4. Has not committed any act or offense in this or any 4171
6177+other jurisdiction which would constitute the basis for 4172
6178+disciplining a physician under s. 458.331. 4173
6179+ 5. Has submitted to the department a set of fingerprints 4174
6180+on a form and under procedures specified by the department. 4175
6181+
6182+CS/HB 1549 2024
6183+
6184+
6185+
6186+CODING: Words stricken are deletions; words underlined are additions.
6187+hb1549-01-c1
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6189+FL 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
6190+
6191+
6192+
6193+ 6. The board may not certify to the department for limited 4176
6194+licensure under this subsection any applicant who is under 4177
6195+investigation in another j urisdiction for an offense which would 4178
6196+constitute a violation of this chapter or chapter 456 until such 4179
6197+investigation is completed. Upon completion of the 4180
6198+investigation, s. 458.331 applies. Furthermore, the department 4181
6199+may not issue a limited license to any individual who has 4182
6200+committed any act or offense in any jurisdiction which would 4183
6201+constitute the basis for disciplining a physician under s. 4184
6202+458.331. If the board finds that an individual has committed an 4185
6203+act or offense in any jurisdiction which would const itute the 4186
6204+basis for disciplining a physician under s. 458.331, the board 4187
6205+may enter an order imposing one of the following terms: 4188
6206+ a. Refusal to certify to the department an application for 4189
6207+a graduate assistant physician limited license; or 4190
6208+ b. Certification to the department of an application for a 4191
6209+graduate assistant physician limited license with restrictions 4192
6210+on the scope of practice of the licensee. 4193
6211+ (c) A graduate assistant physician limited licensee may 4194
6212+apply for a one-time renewal of his or her limi ted license by 4195
6213+submitting a board-approved application, documentation of actual 4196
6214+practice under the required protocol during the initial limited 4197
6215+licensure period, and documentation of applications he or she 4198
6216+has submitted for accredited graduate medical educ ation training 4199
6217+programs. The one-time renewal terminates after 1 year. 4200
6218+
6219+CS/HB 1549 2024
6220+
6221+
6222+
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6226+FL 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
6227+
6228+
6229+
6230+ (d) A limited licensed graduate assistant physician may 4201
6231+provide health care services only under the direct supervision 4202
6232+of a physician with a full, active, and unencumbered license 4203
6233+issued under this chapter. 4204
6234+ (e) A physician must be approved by the board to supervise 4205
6235+a limited licensed graduate assistant physician. 4206
6236+ (f) A physician may supervise no more than two graduate 4207
6237+assistant physicians with limited licenses. 4208
6238+ (g) Supervision of limited licensed graduate assistant 4209
6239+physicians requires the physical presence of the supervising 4210
6240+physician at the location where the services are rendered. 4211
6241+ (h) A physician-drafted protocol must specify the duties 4212
6242+and responsibilities of the limited lice nsed graduate assistant 4213
6243+physician according to criteria adopted by board rule. 4214
6244+ (i) Each protocol that applies to a limited licensed 4215
6245+graduate assistant physician and his or her supervising 4216
6246+physician must ensure that: 4217
6247+ 1. There is a process for the evaluation of the limited 4218
6248+licensed graduate assistant physicians' performance; and 4219
6249+ 2. The delegation of any medical task or procedure is 4220
6250+within the supervising physician's scope of practice and 4221
6251+appropriate for the graduate assistant physician's level of 4222
6252+competency. 4223
6253+ (j) A limited licensed graduate assistant physician's 4224
6254+prescriptive authority is governed by the physician -drafted 4225
6255+
6256+CS/HB 1549 2024
6257+
6258+
6259+
6260+CODING: Words stricken are deletions; words underlined are additions.
6261+hb1549-01-c1
6262+Page 170 of 316
6263+FL 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
6264+
6265+
6266+
6267+protocol and criteria adopted by the board and may not exceed 4226
6268+that of his or her supervising physician. Any prescriptions and 4227
6269+orders issued by the graduate assistant physician must identify 4228
6270+both the graduate assistant physician and the supervising 4229
6271+physician. 4230
6272+ (k) A physician who supervises a graduate assistant 4231
6273+physician is liable for any acts or omissions of the graduate 4232
6274+assistant physician acting under the physician's supervision and 4233
6275+control. Third-party payors may reimburse employers of graduate 4234
6276+assistant physicians for covered services rendered by graduate 4235
6277+assistant physicians. 4236
6278+ (3) RULES.—The board may adopt rules to implement this 4237
6279+section. 4238
6280+ Section 51. Section 459.0075, Florida Statutes, is amended 4239
6281+to read: 4240
6282+ 459.0075 Limited licenses. — 4241
6283+ (1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS. — 4242
6284+ (a) Any person desiring to obtain a limited license under 4243
6285+this subsection must shall: 4244
6286+ 1.(a) Submit to the board a licensure application and fee 4245
6287+required by this chapter. However, an osteopathic physician who 4246
6288+is not fully retired in all jurisdictions may use a limited 4247
6289+license only for noncompensated practice. If the person applying 4248
6290+for a limited license submits a statement from the employing 4249
6291+agency or institution stating that she or he will not receive 4250
6292+
6293+CS/HB 1549 2024
6294+
6295+
6296+
6297+CODING: Words stricken are deletions; words underlined are additions.
6298+hb1549-01-c1
6299+Page 171 of 316
6300+FL 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
6301+
6302+
6303+
6304+monetary compensation for any service involving the practice of 4251
6305+osteopathic medicine, the application fee and all licensure fees 4252
6306+shall be waived. However, any person who receives a waiver of 4253
6307+fees for a limited license must shall pay such fees if the 4254
6308+person receives compensation for the practice of osteopathic 4255
6309+medicine. 4256
6310+ 2.(b) Submit proof that such osteopathic physician has 4257
6311+been licensed to practice osteopathic medicine in any 4258
6312+jurisdiction in the United States in good standing and pursuant 4259
6313+to law for at least 10 years. 4260
6314+ 3.(c) Complete an amount of continuing education 4261
6315+established by the board. 4262
6316+ (b)(2) If it has been more than 3 years since active 4263
6317+practice was conducted by the applicant, the full -time director 4264
6318+of the local county health department must shall supervise the 4265
6319+applicant for a period of 6 months after the applicant is 4266
6320+granted a limited license under this subsection to practice, 4267
6321+unless the board determines that a shorter period of supervision 4268
6322+will be sufficient to ensure that the applicant is qualified for 4269
6323+licensure under this subsection pursuant to this section . 4270
6324+Procedures for such supervision must shall be established by the 4271
6325+board. 4272
6326+ (c)(3) The recipient of a limited license under this 4273
6327+subsection may practice only in the employ of public agencies or 4274
6328+institutions or nonprofit agencies or institutions meeting the 4275
6329+
6330+CS/HB 1549 2024
6331+
6332+
6333+
6334+CODING: Words stricken are deletions; words underlined are additions.
6335+hb1549-01-c1
6336+Page 172 of 316
6337+FL 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
6338+
6339+
6340+
6341+requirements of s. 501(c)(3) of the Internal Revenue Code, which 4276
6342+agencies or institutions are located in areas of critical 4277
6343+medical need or in medically underserved areas as determined 4278
6344+pursuant to 42 U.S.C. s. 300e -1(7). 4279
6345+ (d)(4) The board shall notify the director of the full -4280
6346+time local county health department of any c ounty in which a 4281
6347+licensee intends to practice under the provisions of this 4282
6348+subsection section. The director of the full -time county health 4283
6349+department shall assist in the supervision of any licensee 4284
6350+within the her or his county and shall notify the board if she 4285
6351+or he becomes aware of any action by the licensee which would be 4286
6352+a ground for revocation of the limited license. The board shall 4287
6353+establish procedures for such supervision. 4288
6354+ (e)(5) The State board of Osteopathic Medicine shall 4289
6355+review the practice of e ach licensee under this subsection 4290
6356+section biennially to verify compliance with the restrictions 4291
6357+prescribed in this subsection section and other provisions of 4292
6358+this chapter. 4293
6359+ (f)(6) Any person holding an active license to practice 4294
6360+osteopathic medicine in this the state may convert that license 4295
6361+to a limited license under this subsection for the purpose of 4296
6362+providing volunteer, uncompensated care for low -income 4297
6363+Floridians. The applicant must submit a statement from the 4298
6364+employing agency or institution stating that she or he or she 4299
6365+will not receive compensation for any service involving the 4300
6366+
6367+CS/HB 1549 2024
6368+
6369+
6370+
6371+CODING: Words stricken are deletions; words underlined are additions.
6372+hb1549-01-c1
6373+Page 173 of 316
6374+FL 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
6375+
6376+
6377+
6378+practice of osteopathic medicine. The application fee and all 4301
6379+licensure fees, including neurological injury compensation 4302
6380+assessments, are shall be waived for such applicant. 4303
6381+ (2) GRADUATE ASSISTANT PHYSICIANS. — A graduate assistant 4304
6382+physician is a medical school graduate who meets the 4305
6383+requirements of this subsection and has obtained a limited 4306
6384+license from the board for the purpose of practicing temporarily 4307
6385+under the direct supervision of a physician who has a full, 4308
6386+active, and unencumbered license issued un der this chapter, 4309
6387+pending the graduate's entrance into a residency under the 4310
6388+National Resident Match Program. 4311
6389+ (a) Any person desiring to obtain a limited license as a 4312
6390+graduate assistant physician must submit to the board an 4313
6391+application and demonstrate that she or he meets all of the 4314
6392+following criteria: 4315
6393+ 1. Is a graduate of a school or college of osteopathic 4316
6394+medicine approved by an accrediting agency recognized by the 4317
6395+United States Department of Education. 4318
6396+ 2. Has successfully passed all parts of the e xamination 4319
6397+conducted by the National Board of Osteopathic Medical Examiners 4320
6398+or other examination approved by the board. 4321
6399+ 3. Has not received and accepted a residency match from 4322
6400+the National Resident Matching Program within the first year 4323
6401+following graduation from medical school. 4324
6402+ (b) The board shall issue a graduate assistant physician 4325
6403+
6404+CS/HB 1549 2024
6405+
6406+
6407+
6408+CODING: Words stricken are deletions; words underlined are additions.
6409+hb1549-01-c1
6410+Page 174 of 316
6411+FL 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
6412+
6413+
6414+
6415+limited license for a duration of 2 years to an applicant who 4326
6416+meets the requirements of paragraph (a) and all of the following 4327
6417+criteria: 4328
6418+ 1. Is at least 21 years of age. 4329
6419+ 2. Is of good moral character. 4330
6420+ 3. Submits documentation that the applicant has agreed to 4331
6421+enter into a written protocol drafted by a physician with a 4332
6422+full, active, and unencumbered license issued under this chapter 4333
6423+upon the board's issuance of a limited license to the applicant, 4334
6424+and submits a copy of the protocol. The board shall establish by 4335
6425+rule specific provisions that must be included in a physician -4336
6426+drafted protocol. 4337
6427+ 4. Has not committed any act or offense in this or any 4338
6428+other jurisdiction which wou ld constitute the basis for 4339
6429+disciplining a physician under s. 459.015. 4340
6430+ 5. Has submitted to the department a set of fingerprints 4341
6431+on a form and under procedures specified by the department. 4342
6432+ 6. The board may not certify to the department for limited 4343
6433+licensure under this subsection any applicant who is under 4344
6434+investigation in another jurisdiction for an offense which would 4345
6435+constitute a violation of this chapter or chapter 456 until such 4346
6436+investigation is completed. Upon completion of the 4347
6437+investigation, s. 459 .015 applies. Furthermore, the department 4348
6438+may not issue a limited license to any individual who has 4349
6439+committed any act or offense in any jurisdiction which would 4350
6440+
6441+CS/HB 1549 2024
6442+
6443+
6444+
6445+CODING: Words stricken are deletions; words underlined are additions.
6446+hb1549-01-c1
6447+Page 175 of 316
6448+FL 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
6449+
6450+
6451+
6452+constitute the basis for disciplining a physician under s. 4351
6453+459.015. If the board finds that an individual has committed an 4352
6454+act or offense in any jurisdiction which would constitute the 4353
6455+basis for disciplining a physician under s. 459.015, the board 4354
6456+may enter an order imposing one of the following terms: 4355
6457+ a. Refusal to certify to the department an ap plication for 4356
6458+a graduate assistant physician limited license; or 4357
6459+ b. Certification to the department of an application for a 4358
6460+graduate assistant physician limited license with restrictions 4359
6461+on the scope of practice of the licensee. 4360
6462+ (c) A graduate assistan t physician limited licensee may 4361
6463+apply for a one-time renewal of his or her limited license by 4362
6464+submitting a board-approved application, documentation of actual 4363
6465+practice under the required protocol during the initial limited 4364
6466+licensure period, and documentat ion of applications he or she 4365
6467+has submitted for accredited graduate medical education training 4366
6468+programs. The one-time renewal terminates after 1 year. 4367
6469+ (d) A limited licensed graduate assistant physician may 4368
6470+provide health care services only under the dir ect supervision 4369
6471+of a physician with a full, active, and unencumbered license 4370
6472+issued under this chapter. 4371
6473+ (e) A physician must be approved by the board to supervise 4372
6474+a limited licensed graduate assistant physician. 4373
6475+ (f) A physician may supervise no more th an two graduate 4374
6476+assistant physicians with limited licenses. 4375
6477+
6478+CS/HB 1549 2024
6479+
6480+
6481+
6482+CODING: Words stricken are deletions; words underlined are additions.
6483+hb1549-01-c1
6484+Page 176 of 316
6485+FL 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
6486+
6487+
6488+
6489+ (g) Supervision of limited licensed graduate assistant 4376
6490+physicians requires the physical presence of the supervising 4377
6491+physician at the location where the services are rendered. 4378
6492+ (h) A physician-drafted protocol must specify the duties 4379
6493+and responsibilities of the limited licensed graduate assistant 4380
6494+physician according to criteria adopted by board rule. 4381
6495+ (i) Each protocol that applies to a limited licensed 4382
6496+graduate assistant physician and his or he r supervising 4383
6497+physician must ensure that: 4384
6498+ 1. There is a process for the evaluation of the limited 4385
6499+licensed graduate assistant physicians' performance; and 4386
6500+ 2. The delegation of any medical task or procedure is 4387
6501+within the supervising physician's scope of practice and 4388
6502+appropriate for the graduate assistant physician's level of 4389
6503+competency. 4390
6504+ (j) A limited licensed graduate assistant physician's 4391
6505+prescriptive authority is governed by the physician -drafted 4392
6506+protocol and criteria adopted by the board and may not exceed 4393
6507+that of his or her supervising physician. Any prescriptions and 4394
6508+orders issued by the graduate assistant physician must identify 4395
6509+both the graduate assistant physician and the supervising 4396
6510+physician. 4397
6511+ (k) A physician who supervises a graduate assista nt 4398
6512+physician is liable for any acts or omissions of the graduate 4399
6513+assistant physician acting under the physician's supervision and 4400
6514+
6515+CS/HB 1549 2024
6516+
6517+
6518+
6519+CODING: Words stricken are deletions; words underlined are additions.
6520+hb1549-01-c1
6521+Page 177 of 316
6522+FL 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
6523+
6524+
6525+
6526+control. Third-party payors may reimburse employers of graduate 4401
6527+assistant physicians for covered services rendered by graduate 4402
6528+assistant physicians. 4403
6529+ (3) RULES.—The board may adopt rules to implement this 4404
6530+section. 4405
6531+ Section 52. Section 459.0076, Florida Statutes, is amended 4406
6532+to read: 4407
6533+ 459.0076 Temporary certificate for practice in areas of 4408
6534+critical need.— 4409
6535+ (1) A physician or physician assistant who holds a valid 4410
6536+license is licensed to practice in any jurisdiction of the 4411
6537+United States, whose license is currently valid, and who pays an 4412
6538+application fee of $300 may be issued a temporary certificate 4413
6539+for practice in areas of critica l need. A physician seeking such 4414
6540+certificate must pay an application fee of $300. 4415
6541+ (2) A temporary certificate may be issued under this 4416
6542+section to a physician or physician assistant who will: 4417
6543+ (a) Will Practice in an area of critical need; 4418
6544+ (b) Will Be employed by or practice in a county health 4419
6545+department; correctional facility; Department of Veterans' 4420
6546+Affairs clinic; community health center funded by s. 329, s. 4421
6547+330, or s. 340 of the United States Public Health Services Act; 4422
6548+or other agency or instit ution that is approved by the State 4423
6549+Surgeon General and provides health care to meet the needs of 4424
6550+underserved populations in this state; or 4425
6551+
6552+CS/HB 1549 2024
6553+
6554+
6555+
6556+CODING: Words stricken are deletions; words underlined are additions.
6557+hb1549-01-c1
6558+Page 178 of 316
6559+FL 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
6560+
6561+
6562+
6563+ (c) Will Practice for a limited time to address critical 4426
6564+physician-specialty, demographic, or geographic needs for this 4427
6565+state's physician workforce as determined by the State Surgeon 4428
6566+General. 4429
6567+ (3) The board of Osteopathic Medicine may issue a this 4430
6568+temporary certificate subject to with the following 4431
6569+restrictions: 4432
6570+ (a) The State Surgeon General shall determine the are as of 4433
6571+critical need. Such areas include, but are not limited to, 4434
6572+health professional shortage areas designated by the United 4435
6573+States Department of Health and Human Services. 4436
6574+ 1. A recipient of a temporary certificate for practice in 4437
6575+areas of critical need may use the certificate to work for any 4438
6576+approved entity in any area of critical need or as authorized by 4439
6577+the State Surgeon General. 4440
6578+ 2. The recipient of a temporary certificate for practice 4441
6579+in areas of critical need shall, within 30 days after accepting 4442
6580+employment, notify the board of all approved institutions in 4443
6581+which the licensee practices and of all approved institutions 4444
6582+where practice privileges have been denied , as applicable. 4445
6583+ (b) The board may administer an abbreviated oral 4446
6584+examination to determine the physician's or physician 4447
6585+assistant's competency, but a written regular examination is not 4448
6586+required. Within 60 days after receipt of an application for a 4449
6587+temporary certificate, the board shall review the application 4450
6588+
6589+CS/HB 1549 2024
6590+
6591+
6592+
6593+CODING: Words stricken are deletions; words underlined are additions.
6594+hb1549-01-c1
6595+Page 179 of 316
6596+FL 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
6597+
6598+
6599+
6600+and issue the temporary certificate, notify the applicant of 4451
6601+denial, or notify the applicant that the board recommends 4452
6602+additional assessment, training, education, or other 4453
6603+requirements as a condition of certification. If the applicant 4454
6604+has not actively practiced during the 3-year period immediately 4455
6605+preceding the application prior 3 years and the board determines 4456
6606+that the applicant may lack clinical competency, possess 4457
6607+diminished or inadequate skills, lack necessary medical 4458
6608+knowledge, or exhibit patterns of deficits in clinical 4459
6609+decisionmaking, the board may: 4460
6610+ 1. Deny the application; 4461
6611+ 2. Issue a temporary certificate having reasonable 4462
6612+restrictions that may include, but are not limited to, a 4463
6613+requirement for the applicant to practice under the supervision 4464
6614+of a physician approved by the board; or 4465
6615+ 3. Issue a temporary certificate upon receipt of 4466
6616+documentation confirming that the applicant has met any 4467
6617+reasonable conditions of the board which may include, but are 4468
6618+not limited to, completing continuing education or undergoing an 4469
6619+assessment of skills and training. 4470
6620+ (c) Any certificate issued under this section is valid 4471
6621+only so long as the State Surgeon General determines that the 4472
6622+reason for which it was issued remains a critical need to the 4473
6623+state. The board of Osteopathic Medicine shall review each 4474
6624+temporary certificateholder at least not less than annually to 4475
6625+
6626+CS/HB 1549 2024
6627+
6628+
6629+
6630+CODING: Words stricken are deletions; words underlined are additions.
6631+hb1549-01-c1
6632+Page 180 of 316
6633+FL 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
6634+
6635+
6636+
6637+ascertain that the certificateholder is complying with the 4476
6638+minimum requirements of the Osteopathic Medical Practice Act and 4477
6639+its adopted rules, as applicable to the certificateholder are 4478
6640+being complied with. If it is determined that the 4479
6641+certificateholder is not meeting such minimum requirements are 4480
6642+not being met, the board must shall revoke such certificate or 4481
6643+shall impose restrictions or conditions, or both, as a condition 4482
6644+of continued practice un der the certificate. 4483
6645+ (d) The board may not issue a temporary certificate for 4484
6646+practice in an area of critical need to any physician or 4485
6647+physician assistant who is under investigation in any 4486
6648+jurisdiction in the United States for an act that would 4487
6649+constitute a violation of this chapter until such time as the 4488
6650+investigation is complete, at which time the provisions of s. 4489
6651+459.015 applies apply. 4490
6652+ (4) The application fee and all licensure fees, including 4491
6653+neurological injury compensation assessments, are shall be 4492
6654+waived for those persons obtaining a temporary certificate to 4493
6655+practice in areas of critical need for the purpose of providing 4494
6656+volunteer, uncompensated care for low -income residents. The 4495
6657+applicant must submit an affidavit from the employing agency or 4496
6658+institution stating that the physician or physician assistant 4497
6659+will not receive any compensation for any health care services 4498
6660+that he or she provides service involving the practice of 4499
6661+medicine. 4500
6662+
6663+CS/HB 1549 2024
6664+
6665+
6666+
6667+CODING: Words stricken are deletions; words underlined are additions.
6668+hb1549-01-c1
6669+Page 181 of 316
6670+FL 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
6671+
6672+
6673+
6674+ Section 53. Section 464.009, Florida Statutes, is amended 4501
6675+to read: 4502
6676+ 464.009 Licensure by endorsement. — 4503
6677+ (1) The department shall issue the appropriate license by 4504
6678+endorsement to practice professional or practical nursing to an 4505
6679+applicant who, upon applying to the department and remitting a 4506
6680+fee set by the board not to ex ceed $100, demonstrates to the 4507
6681+board that he or she meets the requirements for licensure by 4508
6682+endorsement in s. 456.0145. : 4509
6683+ (a) Holds a valid license to practice professional or 4510
6684+practical nursing in another state or territory of the United 4511
6685+States, provided that, when the applicant secured his or her 4512
6686+original license, the requirements for licensure were 4513
6687+substantially equivalent to or more stringent than those 4514
6688+existing in Florida at that time; 4515
6689+ (b) Meets the qualifications for licensure in s. 464.008 4516
6690+and has successfully completed a state, regional, or national 4517
6691+examination which is substantially equivalent to or more 4518
6692+stringent than the examination given by the department; or 4519
6693+ (c) Has actively practiced nursing in another state, 4520
6694+jurisdiction, or territory of t he United States for 2 of the 4521
6695+preceding 3 years without having his or her license acted 4522
6696+against by the licensing authority of any jurisdiction. 4523
6697+Applicants who become licensed pursuant to this paragraph must 4524
6698+complete within 6 months after licensure a Florid a laws and 4525
6699+
6700+CS/HB 1549 2024
6701+
6702+
6703+
6704+CODING: Words stricken are deletions; words underlined are additions.
6705+hb1549-01-c1
6706+Page 182 of 316
6707+FL 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
6708+
6709+
6710+
6711+rules course that is approved by the board. Once the department 4526
6712+has received the results of the national criminal history check 4527
6713+and has determined that the applicant has no criminal history, 4528
6714+the appropriate license by endorsement shall be issued to the 4529
6715+applicant. 4530
6716+ (2) Such examinations and requirements from other states 4531
6717+and territories of the United States shall be presumed to be 4532
6718+substantially equivalent to or more stringent than those in this 4533
6719+state. Such presumption shall not arise until Januar y 1, 1980. 4534
6720+However, the board may, by rule, specify states and territories 4535
6721+the examinations and requirements of which shall not be presumed 4536
6722+to be substantially equivalent to those of this state. 4537
6723+ (3) An applicant for licensure by endorsement who is 4538
6724+relocating to this state pursuant to his or her military -4539
6725+connected spouse's official military orders and who is licensed 4540
6726+in another state that is a member of the Nurse Licensure Compact 4541
6727+shall be deemed to have satisfied the requirements of subsection 4542
6728+(1) and shall be issued a license by endorsement upon submission 4543
6729+of the appropriate application and fees and completion of the 4544
6730+criminal background check required under subsection (4). 4545
6731+ (4) The applicant must submit to the department a set of 4546
6732+fingerprints on a form a nd under procedures specified by the 4547
6733+department, along with a payment in an amount equal to the costs 4548
6734+incurred by the Department of Health for the criminal background 4549
6735+check of the applicant. The Department of Health shall submit 4550
6736+
6737+CS/HB 1549 2024
6738+
6739+
6740+
6741+CODING: Words stricken are deletions; words underlined are additions.
6742+hb1549-01-c1
6743+Page 183 of 316
6744+FL 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
6745+
6746+
6747+
6748+the fingerprints provided b y the applicant to the Florida 4551
6749+Department of Law Enforcement for a statewide criminal history 4552
6750+check, and the Florida Department of Law Enforcement shall 4553
6751+forward the fingerprints to the Federal Bureau of Investigation 4554
6752+for a national criminal history check o f the applicant. The 4555
6753+Department of Health shall review the results of the criminal 4556
6754+history check, issue a license to an applicant who has met all 4557
6755+of the other requirements for licensure and has no criminal 4558
6756+history, and shall refer all applicants with crimi nal histories 4559
6757+back to the board for determination as to whether a license 4560
6758+should be issued and under what conditions. 4561
6759+ (5) The department shall not issue a license by 4562
6760+endorsement to any applicant who is under investigation in 4563
6761+another state, jurisdiction, or territory of the United States 4564
6762+for an act which would constitute a violation of this part or 4565
6763+chapter 456 until such time as the investigation is complete, at 4566
6764+which time the provisions of s. 464.018 shall apply. 4567
6765+ (6) The department shall develop an elec tronic applicant 4568
6766+notification process and provide electronic notification when 4569
6767+the application has been received and when background screenings 4570
6768+have been completed, and shall issue a license within 30 days 4571
6769+after completion of all required data collection a nd 4572
6770+verification. This 30 -day period to issue a license shall be 4573
6771+tolled if the applicant must appear before the board due to 4574
6772+information provided on the application or obtained through 4575
6773+
6774+CS/HB 1549 2024
6775+
6776+
6777+
6778+CODING: Words stricken are deletions; words underlined are additions.
6779+hb1549-01-c1
6780+Page 184 of 316
6781+FL 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
6782+
6783+
6784+
6785+screening and data collection and verification procedures. 4576
6786+ (7) A person holding an active multistate license in 4577
6787+another state pursuant to s. 464.0095 is exempt from the 4578
6788+requirements for licensure by endorsement in this section. 4579
6789+ Section 54. Section 464.0121, Florida Statutes, is created 4580
6790+to read: 4581
6791+ 464.0121 Temporary certificate for practice in areas of 4582
6792+critical need.— 4583
6793+ (1) An advanced practice registered nurse who is licensed 4584
6794+to practice in any jurisdiction of the United States, whose 4585
6795+license is currently valid, and who meets educational and 4586
6796+training requirements est ablished by the board may be issued a 4587
6797+temporary certificate for practice in areas of critical need. 4588
6798+ (2) A temporary certificate may be issued under this 4589
6799+section to an advanced practice registered nurse who will: 4590
6800+ (a) Practice in an area of critical need; 4591
6801+ (b) Be employed by or practice in a county health 4592
6802+department; correctional facility; Department of Veterans' 4593
6803+Affairs clinic; community health center funded by s. 329, s. 4594
6804+330, or s. 340 of the United States Public Health Services Act; 4595
6805+or another agency or institution that is approved by the State 4596
6806+Surgeon General and that provides health care services to meet 4597
6807+the needs of underserved populations in this state; or 4598
6808+ (c) Practice for a limited time to address critical health 4599
6809+care specialty, demographic, or geographic needs relating to 4600
6810+
6811+CS/HB 1549 2024
6812+
6813+
6814+
6815+CODING: Words stricken are deletions; words underlined are additions.
6816+hb1549-01-c1
6817+Page 185 of 316
6818+FL 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
6819+
6820+
6821+
6822+this state's accessibility of health care services as determined 4601
6823+by the State Surgeon General. 4602
6824+ (3) The board may issue a temporary certificate under this 4603
6825+section subject to the following restrictions: 4604
6826+ (a) The State Surgeon General shall determine the areas of 4605
6827+critical need. Such areas include, but are not limited to, 4606
6828+health professional shortage areas designated by the United 4607
6829+States Department of Health and Human Services. 4608
6830+ 1. A recipient of a temporary certificate for practice in 4609
6831+areas of critical need may use the certificate to work for any 4610
6832+approved entity in any area of critical need or as authorized by 4611
6833+the State Surgeon General. 4612
6834+ 2. The recipient of a temporary certificate for practice 4613
6835+in areas of critical need shal l, within 30 days after accepting 4614
6836+employment, notify the board of all approved institutions in 4615
6837+which the licensee practices as part of his or her employment. 4616
6838+ (b) The board may administer an abbreviated oral 4617
6839+examination to determine the advanced practice registered 4618
6840+nurse's competency, but may not require a written regular 4619
6841+examination. Within 60 days after receipt of an application for 4620
6842+a temporary certificate, the board shall review the application 4621
6843+and issue the temporary certificate, notify the applicant o f 4622
6844+denial, or notify the applicant that the board recommends 4623
6845+additional assessment, training, education, or other 4624
6846+requirements as a condition of certification. If the applicant 4625
6847+
6848+CS/HB 1549 2024
6849+
6850+
6851+
6852+CODING: Words stricken are deletions; words underlined are additions.
6853+hb1549-01-c1
6854+Page 186 of 316
6855+FL 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
6856+
6857+
6858+
6859+has not actively practiced during the 3 -year period immediately 4626
6860+preceding the application and the board determines that the 4627
6861+applicant may lack clinical competency, possess diminished or 4628
6862+inadequate skills, lack necessary medical knowledge, or exhibit 4629
6863+patterns of deficits in clinical decisionmaking, the board may: 4630
6864+ 1. Deny the applicat ion; 4631
6865+ 2. Issue a temporary certificate imposing reasonable 4632
6866+restrictions that may include, but are not limited to, a 4633
6867+requirement that the applicant practice under the supervision of 4634
6868+a physician approved by the board; or 4635
6869+ 3. Issue a temporary certificate u pon receipt of 4636
6870+documentation confirming that the applicant has met any 4637
6871+reasonable conditions of the board, which may include, but are 4638
6872+not limited to, completing continuing education or undergoing an 4639
6873+assessment of skills and training. 4640
6874+ (c) Any certificate issued under this section is valid 4641
6875+only so long as the State Surgeon General maintains the 4642
6876+determination that the critical need that supported the issuance 4643
6877+of the temporary certificate remains a critical need to the 4644
6878+state. The board shall review each tempo rary certificateholder 4645
6879+at least annually to ascertain that the certificateholder is 4646
6880+complying with the minimum requirements of the Nurse Practice 4647
6881+Act and its adopted rules, as applicable to the 4648
6882+certificateholder. If it is determined that the 4649
6883+certificateholder is not meeting such minimum requirements, the 4650
6884+
6885+CS/HB 1549 2024
6886+
6887+
6888+
6889+CODING: Words stricken are deletions; words underlined are additions.
6890+hb1549-01-c1
6891+Page 187 of 316
6892+FL 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
6893+
6894+
6895+
6896+board must revoke such certificate or impose restrictions or 4651
6897+conditions, or both, as a condition of continued practice under 4652
6898+the certificate. 4653
6899+ (d) The board may not issue a temporary certificate for 4654
6900+practice in an area of critical need to any advanced practice 4655
6901+registered nurse who is under investigation in any jurisdiction 4656
6902+in the United States for an act that would constitute a 4657
6903+violation of this part until such time as the investigation is 4658
6904+complete, at which time s. 464.018 applies. 4659
6905+ (4) All licensure fees, including neurological injury 4660
6906+compensation assessments, are waived for those persons obtaining 4661
6907+a temporary certificate to practice in areas of critical need 4662
6908+for the purpose of providing volunteer, uncomp ensated care for 4663
6909+low-income residents. The applicant must submit an affidavit 4664
6910+from the employing agency or institution stating that the 4665
6911+advanced practice registered nurse will not receive any 4666
6912+compensation for any health care services that he or she 4667
6913+provides. 4668
6914+ Section 55. Paragraph (b) of subsection (3) of section 4669
6915+464.0123, Florida Statutes, is amended to read: 4670
6916+ 464.0123 Autonomous practice by an advanced practice 4671
6917+registered nurse.— 4672
6918+ (3) PRACTICE REQUIREMENTS. — 4673
6919+ (b)1. In order to provide out -of-hospital intrapartum 4674
6920+care, a certified nurse midwife engaged in the autonomous 4675
6921+
6922+CS/HB 1549 2024
6923+
6924+
6925+
6926+CODING: Words stricken are deletions; words underlined are additions.
6927+hb1549-01-c1
6928+Page 188 of 316
6929+FL 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
6930+
6931+
6932+
6933+practice of nurse midwifery must maintain a written policy for 4676
6934+the transfer of patients needing a higher acuity of care or 4677
6935+emergency services. The policy must prescribe and require the 4678
6936+use of an emergency plan -of-care form, which must be signed by 4679
6937+the patient before admission to intrapartum care. At a minimum, 4680
6938+the form must include all of the following: 4681
6939+ a. The name and address of the closest hospital that 4682
6940+provides maternity and newbor n services. 4683
6941+ b. Reasons for which transfer of care would be necessary, 4684
6942+including the transfer -of-care conditions prescribed by board 4685
6943+rule. 4686
6944+ c. Ambulances or other emergency medical services that 4687
6945+would be used to transport the patient in the event of an 4688
6946+emergency. 4689
6947+ 2. If transfer of care is determined necessary by the 4690
6948+certified nurse midwife or under the terms of the written 4691
6949+policy, the certified nurse midwife must document all of the 4692
6950+following information on the patient's emergency plan -of-care 4693
6951+form: 4694
6952+ a. The name, date of birth, and condition of the patient. 4695
6953+ b. The gravidity and parity of the patient and the 4696
6954+gestational age and condition of the fetus or newborn infant. 4697
6955+ c. The reasons that necessitated the transfer of care. 4698
6956+ d. A description of the s ituation, relevant clinical 4699
6957+background, assessment, and recommendations. 4700
6958+
6959+CS/HB 1549 2024
6960+
6961+
6962+
6963+CODING: Words stricken are deletions; words underlined are additions.
6964+hb1549-01-c1
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6966+FL 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
6967+
6968+
6969+
6970+ e. The planned mode of transporting the patient to the 4701
6971+receiving facility. 4702
6972+ f. The expected time of arrival at the receiving facility. 4703
6973+ 3. Before transferring the patient, or as soon as possible 4704
6974+during or after an emergency transfer, the certified nurse 4705
6975+midwife shall provide the receiving provider with a verbal 4706
6976+summary of the information specified in subparagraph 2. and make 4707
6977+himself or herself immediately available for consultatio n. Upon 4708
6978+transfer of the patient to the receiving facility, the certified 4709
6979+nurse midwife must provide the receiving provider with the 4710
6980+patient's emergency plan -of-care form as soon as practicable. 4711
6981+ 4. The certified nurse midwife shall provide the receiving 4712
6982+provider, as soon as practicable, with the patient's prenatal 4713
6983+records, including patient history, prenatal laboratory results, 4714
6984+sonograms, prenatal care flow sheets, maternal fetal medical 4715
6985+reports, and labor flow charting and current notations. 4716
6986+ 5. The board shall adopt rules to prescribe transfer -of-4717
6987+care conditions, monitor for excessive transfers, conduct 4718
6988+reviews of adverse maternal and neonatal outcomes, and monitor 4719
6989+the licensure of certified nurse midwives engaged in autonomous 4720
6990+practice must have a written patient transfer agreement with a 4721
6991+hospital and a written referral agreement with a physician 4722
6992+licensed under chapter 458 or chapter 459 to engage in nurse 4723
6993+midwifery. 4724
6994+ Section 56. Subsection (10) of section 464.019, Florida 4725
6995+
6996+CS/HB 1549 2024
6997+
6998+
6999+
7000+CODING: Words stricken are deletions; words underlined are additions.
7001+hb1549-01-c1
7002+Page 190 of 316
7003+FL 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
7004+
7005+
7006+
7007+Statutes, is amended to read : 4726
7008+ 464.019 Approval of nursing education programs. — 4727
7009+ (10) IMPLEMENTATION STUDY. —The Florida Center for Nursing 4728
7010+shall study the administration of this section and submit 4729
7011+reports to the Governor, the President of the Senate, and the 4730
7012+Speaker of the House of Representatives annually by January 30 , 4731
7013+through January 30, 2025 . The annual reports shall address the 4732
7014+previous academic year; provide data on the measures specified 4733
7015+in paragraphs (a) and (b), as such data becomes available; and 4734
7016+include an evaluation of s uch data for purposes of determining 4735
7017+whether this section is increasing the availability of nursing 4736
7018+education programs and the production of quality nurses. The 4737
7019+department and each approved program or accredited program shall 4738
7020+comply with requests for data from the Florida Center for 4739
7021+Nursing. 4740
7022+ (a) The Florida Center for Nursing shall evaluate program -4741
7023+specific data for each approved program and accredited program 4742
7024+conducted in the state, including, but not limited to: 4743
7025+ 1. The number of programs and student s lots available. 4744
7026+ 2. The number of student applications submitted, the 4745
7027+number of qualified applicants, and the number of students 4746
7028+accepted. 4747
7029+ 3. The number of program graduates. 4748
7030+ 4. Program retention rates of students tracked from 4749
7031+program entry to graduat ion. 4750
7032+
7033+CS/HB 1549 2024
7034+
7035+
7036+
7037+CODING: Words stricken are deletions; words underlined are additions.
7038+hb1549-01-c1
7039+Page 191 of 316
7040+FL 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
7041+
7042+
7043+
7044+ 5. Graduate passage rates on the National Council of State 4751
7045+Boards of Nursing Licensing Examination. 4752
7046+ 6. The number of graduates who become employed as 4753
7047+practical or professional nurses in the state. 4754
7048+ (b) The Florida Center for Nursing shall evaluat e the 4755
7049+board's implementation of the: 4756
7050+ 1. Program application approval process, including, but 4757
7051+not limited to, the number of program applications submitted 4758
7052+under subsection (1), the number of program applications 4759
7053+approved and denied by the board under subs ection (2), the 4760
7054+number of denials of program applications reviewed under chapter 4761
7055+120, and a description of the outcomes of those reviews. 4762
7056+ 2. Accountability processes, including, but not limited 4763
7057+to, the number of programs on probationary status, the numbe r of 4764
7058+approved programs for which the program director is required to 4765
7059+appear before the board under subsection (5), the number of 4766
7060+approved programs terminated by the board, the number of 4767
7061+terminations reviewed under chapter 120, and a description of 4768
7062+the outcomes of those reviews. 4769
7063+ (c) The Florida Center for Nursing shall complete an 4770
7064+annual assessment of compliance by programs with the 4771
7065+accreditation requirements of subsection (11), include in the 4772
7066+assessment a determination of the accreditation process status 4773
7067+for each program, and submit the assessment as part of the 4774
7068+reports required by this subsection. 4775
7069+
7070+CS/HB 1549 2024
7071+
7072+
7073+
7074+CODING: Words stricken are deletions; words underlined are additions.
7075+hb1549-01-c1
7076+Page 192 of 316
7077+FL 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
7078+
7079+
7080+
7081+ Section 57. Section 465.0075, Florida Statutes, is amended 4776
7082+to read: 4777
7083+ 465.0075 Licensure by endorsement; requirements; fee. — 4778
7084+ (1) The department shall issu e a license by endorsement to 4779
7085+any applicant who applies to the department and remits a 4780
7086+nonrefundable fee of not more than $100, as set by the board, 4781
7087+and whom the board certifies has met the requirements for 4782
7088+licensure by endorsement in s. 456.0145. : 4783
7089+ (a) Has met the qualifications for licensure in s. 4784
7090+465.007(1)(b) and (c); 4785
7091+ (b) Has obtained a passing score, as established by rule 4786
7092+of the board, on the licensure examination of the National 4787
7093+Association of Boards of Pharmacy or a similar nationally 4788
7094+recognized examination, if the board certifies that the 4789
7095+applicant has taken the required examination; 4790
7096+ (c)1. Has submitted evidence of the active licensed 4791
7097+practice of pharmacy, including practice in community or public 4792
7098+health by persons employed by a governmental en tity, in another 4793
7099+jurisdiction for at least 2 of the immediately preceding 5 years 4794
7100+or evidence of successful completion of board -approved 4795
7101+postgraduate training or a board -approved clinical competency 4796
7102+examination within the year immediately preceding applica tion 4797
7103+for licensure; or 4798
7104+ 2. Has completed an internship meeting the requirements of 4799
7105+s. 465.007(1)(c) within the 2 years immediately preceding 4800
7106+
7107+CS/HB 1549 2024
7108+
7109+
7110+
7111+CODING: Words stricken are deletions; words underlined are additions.
7112+hb1549-01-c1
7113+Page 193 of 316
7114+FL 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
7115+
7116+
7117+
7118+application; and 4801
7119+ (d) Has obtained a passing score on the pharmacy 4802
7120+jurisprudence portions of the licensure examin ation, as required 4803
7121+by board rule. 4804
7122+ (2) An applicant licensed in another state for a period in 4805
7123+excess of 2 years from the date of application for licensure in 4806
7124+this state shall submit a total of at least 30 hours of board -4807
7125+approved continuing education for the 2 calendar years 4808
7126+immediately preceding application. 4809
7127+ (3) The department may not issue a license by endorsement 4810
7128+to any applicant who is under investigation in any jurisdiction 4811
7129+for an act or offense that would constitute a violation of this 4812
7130+chapter until the investigation is complete, at which time the 4813
7131+provisions of s. 465.016 apply. 4814
7132+ (4) The department may not issue a license by endorsement 4815
7133+to any applicant whose license to practice pharmacy has been 4816
7134+suspended or revoked in another state or who is curr ently the 4817
7135+subject of any disciplinary proceeding in another state. 4818
7136+ Section 58. Subsection (1) of section 467.0125, Florida 4819
7137+Statutes, is amended to read: 4820
7138+ 467.0125 Licensed midwives; qualifications; endorsement; 4821
7139+temporary certificates. — 4822
7140+ (1) The department shall issue a license by endorsement to 4823
7141+practice midwifery to an applicant who , upon applying to the 4824
7142+department, demonstrates to the department that she or he meets 4825
7143+
7144+CS/HB 1549 2024
7145+
7146+
7147+
7148+CODING: Words stricken are deletions; words underlined are additions.
7149+hb1549-01-c1
7150+Page 194 of 316
7151+FL 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
7152+
7153+
7154+
7155+all of the requirements for licensure by endorsement in s. 4826
7156+456.0145 and submits following criteria: 4827
7157+ (a) Holds an active, unencumbered license to practice 4828
7158+midwifery in another state, jurisdiction, or territory, provided 4829
7159+the licensing requirements of that state, jurisdiction, or 4830
7160+territory at the time the license was issued were substa ntially 4831
7161+equivalent to or exceeded those established under this chapter 4832
7162+and the rules adopted hereunder. 4833
7163+ (b) Has successfully completed a prelicensure course 4834
7164+conducted by an accredited and approved midwifery program. 4835
7165+ (c) Submits an application for licen sure on a form 4836
7166+approved by the department and pays the appropriate fee. 4837
7167+ Section 59. Subsection (4) of section 468.1705, Florida 4838
7168+Statutes, is renumbered as subsection (3) and subsections (1), 4839
7169+(2), and (3) of that section are amended, to read: 4840
7170+ 468.1705 Licensure by endorsement; temporary license. — 4841
7171+ (1) The department shall issue a license by endorsement to 4842
7172+any applicant who, upon applying to the department and remitting 4843
7173+a fee set by the board not to exceed $500, demonstrates to the 4844
7174+board that he or she meets the requirements for licensure by 4845
7175+endorsement in s. 456.0145 : 4846
7176+ (a) Meets one of the following requirements: 4847
7177+ 1. Holds a valid active license to practice nursing home 4848
7178+administration in another state of the United States, provided 4849
7179+that the current requirements for licensure in that state are 4850
7180+
7181+CS/HB 1549 2024
7182+
7183+
7184+
7185+CODING: Words stricken are deletions; words underlined are additions.
7186+hb1549-01-c1
7187+Page 195 of 316
7188+FL 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
7189+
7190+
7191+
7192+substantially equivalent to, or more stringent than, current 4851
7193+requirements in this state; or 4852
7194+ 2. Meets the qualifications for licensure in s. 468.1695; 4853
7195+and 4854
7196+ (b)1. Has successfully completed a national examinatio n 4855
7197+which is substantially equivalent to, or more stringent than, 4856
7198+the examination given by the department; 4857
7199+ 2. Has passed an examination on the laws and rules of this 4858
7200+state governing the administration of nursing homes; and 4859
7201+ 3. Has worked as a fully licens ed nursing home 4860
7202+administrator for 2 years within the 5 -year period immediately 4861
7203+preceding the application by endorsement. 4862
7204+ (2) National examinations for licensure as a nursing home 4863
7205+administrator shall be presumed to be substantially equivalent 4864
7206+to, or more stringent than, the examination and requirements in 4865
7207+this state, unless found otherwise by rule of the board . 4866
7208+ (2)(3) The department may shall not issue a license by 4867
7209+endorsement or a temporary license to any applicant who is under 4868
7210+investigation in this or another state for any act which would 4869
7211+constitute a violation of this part until such time as the 4870
7212+investigation is complete and disciplinary proceedings have been 4871
7213+terminated. 4872
7214+ Section 60. Section 468.213, Florida Statutes, is 4873
7215+repealed. 4874
7216+ Section 61. Section 468.3065, Florida Statutes, is amended 4875
7217+
7218+CS/HB 1549 2024
7219+
7220+
7221+
7222+CODING: Words stricken are deletions; words underlined are additions.
7223+hb1549-01-c1
7224+Page 196 of 316
7225+FL 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
7226+
7227+
7228+
7229+to read: 4876
7230+ 468.3065 Certification by endorsement. — 4877
7231+ (1) The department may issue a certificate by endorsement 4878
7232+to practice as a radiologist assistant to an applicant who, upon 4879
7233+applying to the department and remi tting a nonrefundable fee not 4880
7234+to exceed $50, demonstrates to the department that he or she 4881
7235+meets the requirements for licensure by endorsement in s. 4882
7236+456.0145 holds a current certificate or registration as a 4883
7237+radiologist assistant granted by the American Reg istry of 4884
7238+Radiologic Technologists . 4885
7239+ (2) The department may issue a certificate by endorsement 4886
7240+to practice radiologic technology to an applicant who, upon 4887
7241+applying to the department and remitting a nonrefundable fee not 4888
7242+to exceed $50, demonstrates to the d epartment that he or she 4889
7243+meets the requirements for licensure by endorsement in s. 4890
7244+456.0145 holds a current certificate, license, or registration 4891
7245+to practice radiologic technology, provided that the 4892
7246+requirements for such certificate, license, or registrati on are 4893
7247+deemed by the department to be substantially equivalent to those 4894
7248+established under this part and rules adopted under this part . 4895
7249+ (3) The department may issue a certificate by endorsement 4896
7250+to practice as a specialty technologist to an applicant who, 4897
7251+upon applying to the department and remitting a nonrefundable 4898
7252+fee not to exceed $100, demonstrates to the department that he 4899
7253+or she meets the requirements for licensure by endorsement in s. 4900
7254+
7255+CS/HB 1549 2024
7256+
7257+
7258+
7259+CODING: Words stricken are deletions; words underlined are additions.
7260+hb1549-01-c1
7261+Page 197 of 316
7262+FL 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
7263+
7264+
7265+
7266+456.0145 holds a current certificate or registration from a 4901
7267+national organization in a particular advanced, postprimary, or 4902
7268+specialty area of radiologic technology, such as computed 4903
7269+tomography or positron emission tomography . 4904
7270+ Section 62. Section 468.358, Florida Statutes, is 4905
7271+repealed. 4906
7272+ Section 63. Section 478.47, Florida Statutes, is amended 4907
7273+to read: 4908
7274+ 478.47 Licensure by endorsement. —The department shall 4909
7275+issue a license by endorsement to any applicant who , upon 4910
7276+submitting submits an application and the required fees as set 4911
7277+forth in s. 478.55, demonstrates to the b oard that he or she 4912
7278+meets the requirements for licensure by endorsement in s. 4913
7279+456.0145 and who holds an active license or other authority to 4914
7280+practice electrology in a jurisdiction whose licensure 4915
7281+requirements are determined by the board to be equivalent to the 4916
7282+requirements for licensure in this state . 4917
7283+ Section 64. Paragraph (c) of subsection (5) of section 4918
7284+480.041, Florida Statutes, is amended to read: 4919
7285+ 480.041 Massage therapists; qualifications; licensure; 4920
7286+endorsement.— 4921
7287+ (5) The board shall adopt rule s: 4922
7288+ (c) Specifying licensing procedures for practitioners 4923
7289+desiring to be licensed in this state who meet the requirements 4924
7290+for licensure by endorsement in section 456.0145 or hold an 4925
7291+
7292+CS/HB 1549 2024
7293+
7294+
7295+
7296+CODING: Words stricken are deletions; words underlined are additions.
7297+hb1549-01-c1
7298+Page 198 of 316
7299+FL 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
7300+
7301+
7302+
7303+active license and have practiced in any other state, territory, 4926
7304+or jurisdiction of the United States or any foreign national 4927
7305+jurisdiction which has licensing standards substantially similar 4928
7306+to, equivalent to, or more stringent than the standards of this 4929
7307+state. 4930
7308+ Section 65. Section 486.081, Florida Statutes, is amended 4931
7309+to read: 4932
7310+ 486.081 Physical therapist; endorsement; issuance of 4933
7311+license without examination to person passing examination of 4934
7312+another authorized examining board; fee .— 4935
7313+ (1) The board may cause a license by endorsement to be 4936
7314+issued through the department without examination to any 4937
7315+applicant who presents evidence satisfactory to the board of 4938
7316+meeting the requirements for licensure by endorsement in s. 4939
7317+456.0145 having passed the American Registry Examination prior 4940
7318+to 1971 or an examination in physical therapy before a similar 4941
7319+lawfully authorized examining board of another state, the 4942
7320+District of Columbia, a territory, or a foreign country, if the 4943
7321+standards for licensure in physical therapy in such other state, 4944
7322+district, territory, or foreign country are determi ned by the 4945
7323+board to be as high as those of this state, as established by 4946
7324+rules adopted pursuant to this chapter . Any person who holds a 4947
7325+license pursuant to this section may use the words "physical 4948
7326+therapist" or "physiotherapist" or the letters "P.T." in 4949
7327+connection with her or his name or place of business to denote 4950
7328+
7329+CS/HB 1549 2024
7330+
7331+
7332+
7333+CODING: Words stricken are deletions; words underlined are additions.
7334+hb1549-01-c1
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7336+FL 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
7337+
7338+
7339+
7340+her or his licensure hereunder. A person who holds a license 4951
7341+pursuant to this section and obtains a doctoral degree in 4952
7342+physical therapy may use the letters "D.P.T." and "P.T." A 4953
7343+physical therapist who holds a degree of Doctor of Physical 4954
7344+Therapy may not use the title "doctor" without also clearly 4955
7345+informing the public of his or her profession as a physical 4956
7346+therapist. 4957
7347+ (2) At the time of making application for licensure by 4958
7348+endorsement under without examination pursuant to the terms of 4959
7349+this section, the applicant shall pay to the department a fee 4960
7350+not to exceed $175 as fixed by the board, no part of which will 4961
7351+be returned. 4962
7352+ Section 66. Section 491.006, Florida Statutes, is amended 4963
7353+to read: 4964
7354+ 491.006 Licensure or certification by endorsement. — 4965
7355+ (1) The department shall license or grant a certificate to 4966
7356+a person in a profession regulated by this chapter who, upon 4967
7357+applying to the department and remitting the appropriate fee, 4968
7358+demonstrates to the board that he or she meets the requirements 4969
7359+for licensure by endorsement in s. 456.0145 : 4970
7360+ (a) Has demonstrated, in a manner designated by rule of 4971
7361+the board, knowledge of the laws and rules governing the 4972
7362+practice of clinical social work, marriage and family ther apy, 4973
7363+and mental health counseling. 4974
7364+ (b)1. Holds an active valid license to practice and has 4975
7365+
7366+CS/HB 1549 2024
7367+
7368+
7369+
7370+CODING: Words stricken are deletions; words underlined are additions.
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7373+FL 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
7374+
7375+
7376+
7377+actively practiced the licensed profession in another state for 4976
7378+3 of the last 5 years immediately preceding licensure; 4977
7379+ 2. Has passed a substantially equivalent l icensing 4978
7380+examination in another state or has passed the licensure 4979
7381+examination in this state in the profession for which the 4980
7382+applicant seeks licensure; and 4981
7383+ 3. Holds a license in good standing, is not under 4982
7384+investigation for an act that would constitute a violation of 4983
7385+this chapter, and has not been found to have committed any act 4984
7386+that would constitute a violation of this chapter . 4985
7387+ 4986
7388+The fees paid by any applicant for certification as a master 4987
7389+social worker under this section are nonrefundable. 4988
7390+ (2) The department shall not issue a license or 4989
7391+certificate by endorsement to any applicant who is under 4990
7392+investigation in this or another jurisdiction for an act which 4991
7393+would constitute a violation of this chapter until such time as 4992
7394+the investigation is complete, at whi ch time the provisions of 4993
7395+s. 491.009 shall apply. 4994
7396+ (2)(3) A person licensed as a clinical social worker, 4995
7397+marriage and family therapist, or mental health counselor in 4996
7398+another state who is practicing under the Professional 4997
7399+Counselors Licensure Compact pursu ant to s. 491.017, and only 4998
7400+within the scope provided therein, is exempt from the licensure 4999
7401+requirements of this section, as applicable. 5000
7402+
7403+CS/HB 1549 2024
7404+
7405+
7406+
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7408+hb1549-01-c1
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7410+FL 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
7411+
7412+
7413+
7414+ Section 67. Section 458.3129, Florida Statutes, is created 5001
7415+to read: 5002
7416+ 458.3129 Interstate Medical Licensure Compact .—A physician 5003
7417+licensed to practice allopathic medicine under s. 456.4501 is 5004
7418+deemed to also be licensed under this chapter. 5005
7419+ Section 68. Section 459.074, Florida Statutes, is created 5006
7420+to read: 5007
7421+ 459.074 Interstate Medical Licensure Compact. —A physician 5008
7422+licensed to practice osteopathic medicine under s. 456.4501 is 5009
7423+deemed to also be licensed under this chapter. 5010
7424+ Section 69. Subsections (4), (5), and (6) of section 5011
7425+468.1135, Florida Statutes, are renumbered as subsections (5), 5012
7426+(6), and (7), respectively, and a new subsection (4) is added to 5013
7427+that section, to read: 5014
7428+ 468.1135 Board of Speech -Language Pathology and 5015
7429+Audiology.— 5016
7430+ (4) The board shall appoint two of its members to serve as 5017
7431+the state's delegates on the Speech -Language Pathology 5018
7432+Interstate Compact Commission, pursuant to s. 468.1335, one of 5019
7433+whom must be an audiologist and one of whom must be a speech -5020
7434+language pathologist. 5021
7435+ Section 70. Subsection (5) section 468.1185, Florida 5022
7436+Statutes, is renumbered as subsection (3), subsections (3) and 5023
7437+(4) are amended, and a new subsection (4) is added to that 5024
7438+section, to read: 5025
7439+
7440+CS/HB 1549 2024
7441+
7442+
7443+
7444+CODING: Words stricken are deletions; words underlined are additions.
7445+hb1549-01-c1
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7447+FL 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
7448+
7449+
7450+
7451+ 468.1185 Licensure. — 5026
7452+ (3) The board shall certify as qualified for a license by 5027
7453+endorsement as a speech -language pathologist or audiologist an 5028
7454+applicant who: 5029
7455+ (a) Holds a valid licens e or certificate in another state 5030
7456+or territory of the United States to practice the profession for 5031
7457+which the application for licensure is made, if the criteria for 5032
7458+issuance of such license were substantially equivalent to or 5033
7459+more stringent than the licensu re criteria which existed in this 5034
7460+state at the time the license was issued; or 5035
7461+ (b) Holds a valid certificate of clinical competence of 5036
7462+the American Speech-Language and Hearing Association or board 5037
7463+certification in audiology from the American Board of Aud iology. 5038
7464+ (4) A person licensed as an audiologist or a speech -5039
7465+language pathologist in another state who is practicing under 5040
7466+the Audiology and Speech -Language Pathology Interstate Compact 5041
7467+pursuant to s. 468.1335, and only within the scope provided 5042
7468+therein, is exempt from the licensure requirements of this 5043
7469+section. 5044
7470+ (4) The board may refuse to certify any applicant who is 5045
7471+under investigation in any jurisdiction for an act which would 5046
7472+constitute a violation of this part or chapter 456 until the 5047
7473+investigation is complete and disciplinary proceedings have been 5048
7474+terminated. 5049
7475+ Section 71. Subsections (1) and (2) of section 468.1295, 5050
7476+
7477+CS/HB 1549 2024
7478+
7479+
7480+
7481+CODING: Words stricken are deletions; words underlined are additions.
7482+hb1549-01-c1
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7484+FL 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
7485+
7486+
7487+
7488+Florida Statutes, are amended to read: 5051
7489+ 468.1295 Disciplinary proceedings. — 5052
7490+ (1) The following acts constitute grounds for denial of a 5053
7491+license or disciplinary action, as specified in s. 456.072(2) or 5054
7492+s. 468.1335: 5055
7493+ (a) Procuring, or attempting to procure, a license by 5056
7494+bribery, by fraudulent misrepresentation, or through an error of 5057
7495+the department or the board. 5058
7496+ (b) Having a license revoked, suspended, or otherwise 5059
7497+acted against, including denial of licensure, by the licensing 5060
7498+authority of another state, territory, or country. 5061
7499+ (c) Being convicted or found guilty of, or entering a plea 5062
7500+of nolo contendere to, regardless of adjudicatio n, a crime in 5063
7501+any jurisdiction which directly relates to the practice of 5064
7502+speech-language pathology or audiology. 5065
7503+ (d) Making or filing a report or record which the licensee 5066
7504+knows to be false, intentionally or negligently failing to file 5067
7505+a report or records required by state or federal law, willfully 5068
7506+impeding or obstructing such filing, or inducing another person 5069
7507+to impede or obstruct such filing. Such report or record shall 5070
7508+include only those reports or records which are signed in one's 5071
7509+capacity as a licensed speech-language pathologist or 5072
7510+audiologist. 5073
7511+ (e) Advertising goods or services in a manner which is 5074
7512+fraudulent, false, deceptive, or misleading in form or content. 5075
7513+
7514+CS/HB 1549 2024
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7516+
7517+
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7521+FL 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
7522+
7523+
7524+
7525+ (f) Being proven guilty of fraud or deceit or of 5076
7526+negligence, incompetency, or miscond uct in the practice of 5077
7527+speech-language pathology or audiology. 5078
7528+ (g) Violating a lawful order of the board or department 5079
7529+previously entered in a disciplinary hearing, or failing to 5080
7530+comply with a lawfully issued subpoena of the board or 5081
7531+department. 5082
7532+ (h) Practicing with a revoked, suspended, inactive, or 5083
7533+delinquent license. 5084
7534+ (i) Using, or causing or promoting the use of, any 5085
7535+advertising matter, promotional literature, testimonial, 5086
7536+guarantee, warranty, label, brand, insignia, or other 5087
7537+representation, however disseminated or published, which is 5088
7538+misleading, deceiving, or untruthful. 5089
7539+ (j) Showing or demonstrating or, in the event of sale, 5090
7540+delivery of a product unusable or impractical for the purpose 5091
7541+represented or implied by such action. 5092
7542+ (k) Failing to submit to the board on an annual basis, or 5093
7543+such other basis as may be provided by rule, certification of 5094
7544+testing and calibration of such equipment as designated by the 5095
7545+board and on the form approved by the board. 5096
7546+ (l) Aiding, assisting, procuring, employing, or advising 5097
7547+any licensee or business entity to practice speech -language 5098
7548+pathology or audiology contrary to this part, chapter 456, or 5099
7549+any rule adopted pursuant thereto. 5100
7550+
7551+CS/HB 1549 2024
7552+
7553+
7554+
7555+CODING: Words stricken are deletions; words underlined are additions.
7556+hb1549-01-c1
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7558+FL 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
7559+
7560+
7561+
7562+ (m) Misrepresenting the professional services available in 5101
7563+the fitting, sale, adjustmen t, service, or repair of a hearing 5102
7564+aid, or using any other term or title which might connote the 5103
7565+availability of professional services when such use is not 5104
7566+accurate. 5105
7567+ (n) Representing, advertising, or implying that a hearing 5106
7568+aid or its repair is guarantee d without providing full 5107
7569+disclosure of the identity of the guarantor; the nature, extent, 5108
7570+and duration of the guarantee; and the existence of conditions 5109
7571+or limitations imposed upon the guarantee. 5110
7572+ (o) Representing, directly or by implication, that a 5111
7573+hearing aid utilizing bone conduction has certain specified 5112
7574+features, such as the absence of anything in the ear or leading 5113
7575+to the ear, or the like, without disclosing clearly and 5114
7576+conspicuously that the instrument operates on the bone 5115
7577+conduction principle and t hat in many cases of hearing loss this 5116
7578+type of instrument may not be suitable. 5117
7579+ (p) Stating or implying that the use of any hearing aid 5118
7580+will improve or preserve hearing or prevent or retard the 5119
7581+progression of a hearing impairment or that it will have any 5120
7582+similar or opposite effect. 5121
7583+ (q) Making any statement regarding the cure of the cause 5122
7584+of a hearing impairment by the use of a hearing aid. 5123
7585+ (r) Representing or implying that a hearing aid is or will 5124
7586+be "custom-made," "made to order," or "prescription -made," or in 5125
7587+
7588+CS/HB 1549 2024
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7590+
7591+
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7593+hb1549-01-c1
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7595+FL 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
7596+
7597+
7598+
7599+any other sense specially fabricated for an individual, when 5126
7600+such is not the case. 5127
7601+ (s) Canvassing from house to house or by telephone, either 5128
7602+in person or by an agent, for the purpose of selling a hearing 5129
7603+aid, except that contacting persons who have evidenced an 5130
7604+interest in hearing aids, or have been referred as in need of 5131
7605+hearing aids, shall not be considered canvassing. 5132
7606+ (t) Failing to notify the department in writing of a 5133
7607+change in current mailing and place -of-practice address within 5134
7608+30 days after such change. 5135
7609+ (u) Failing to provide all information as described in ss. 5136
7610+468.1225(5)(b), 468.1245(1), and 468.1246. 5137
7611+ (v) Exercising influence on a client in such a manner as 5138
7612+to exploit the client for financial gain of the licensee or of a 5139
7613+third party. 5140
7614+ (w) Practicing or offering to practice beyond the scope 5141
7615+permitted by law or accepting and performing professional 5142
7616+responsibilities the licensee or certificateholder knows, or has 5143
7617+reason to know, the licensee or certificateholder is not 5144
7618+competent to perform. 5145
7619+ (x) Aiding, assisting, procuring, or employing any 5146
7620+unlicensed person to practice speech -language pathology or 5147
7621+audiology. 5148
7622+ (y) Delegating or contracting for the performance of 5149
7623+professional responsibilities by a person when the licensee 5150
7624+
7625+CS/HB 1549 2024
7626+
7627+
7628+
7629+CODING: Words stricken are deletions; words underlined are additions.
7630+hb1549-01-c1
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7632+FL 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
7633+
7634+
7635+
7636+delegating or contracting for performance of such 5151
7637+responsibilities knows, or has reason to know, such person is 5152
7638+not qualified by training, experience, and authorization to 5153
7639+perform them. 5154
7640+ (z) Committing any act upon a patient or client which 5155
7641+would constitute sexual battery or which would constitute sexual 5156
7642+misconduct as defined pursuant to s. 468.1296. 5157
7643+ (aa) Being unable to practice the profession for which he 5158
7644+or she is licensed or certified under this chapter with 5159
7645+reasonable skill or competence as a result of any m ental or 5160
7646+physical condition or by reason of illness, drunkenness, or use 5161
7647+of drugs, narcotics, chemicals, or any other substance. In 5162
7648+enforcing this paragraph, upon a finding by the State Surgeon 5163
7649+General, his or her designee, or the board that probable cause 5164
7650+exists to believe that the licensee or certificateholder is 5165
7651+unable to practice the profession because of the reasons stated 5166
7652+in this paragraph, the department shall have the authority to 5167
7653+compel a licensee or certificateholder to submit to a mental or 5168
7654+physical examination by a physician, psychologist, clinical 5169
7655+social worker, marriage and family therapist, or mental health 5170
7656+counselor designated by the department or board. If the licensee 5171
7657+or certificateholder refuses to comply with the department's 5172
7658+order directing the examination, such order may be enforced by 5173
7659+filing a petition for enforcement in the circuit court in the 5174
7660+circuit in which the licensee or certificateholder resides or 5175
7661+
7662+CS/HB 1549 2024
7663+
7664+
7665+
7666+CODING: Words stricken are deletions; words underlined are additions.
7667+hb1549-01-c1
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7669+FL 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
7670+
7671+
7672+
7673+does business. The department shall be entitled to the summary 5176
7674+procedure provided in s. 51.011. A licensee or certificateholder 5177
7675+affected under this paragraph shall at reasonable intervals be 5178
7676+afforded an opportunity to demonstrate that he or she can resume 5179
7677+the competent practice for which he or she is licensed or 5180
7678+certified with reasonab le skill and safety to patients. 5181
7679+ (bb) Violating any provision of this chapter or chapter 5182
7680+456, or any rules adopted pursuant thereto. 5183
7681+ (2)(a) The board may enter an order denying licensure or 5184
7682+imposing any of the penalties in s. 456.072(2) against any 5185
7683+applicant for licensure or licensee who is found guilty of 5186
7684+violating any provision of subsection (1) of this section or who 5187
7685+is found guilty of violating any provision of s. 456.072(1). 5188
7686+ (b) The board may take adverse action against an 5189
7687+audiologist's or a spee ch-language pathologist's compact 5190
7688+privilege under the Audiology and Speech -Language Pathology 5191
7689+Interstate Compact pursuant to s. 468.1335 and may impose any of 5192
7690+the penalties in s. 456.072(2), if an audiologist or a speech -5193
7691+language pathologist commits an act specified in subsection (1) 5194
7692+or s. 456.072(1). 5195
7693+ Section 72. Section 468.1335, Florida Statutes, is created 5196
7694+to read: 5197
7695+ 468.1335 Practice of Audiology and Speech -language 5198
7696+Pathology Interstate Compact. —The Practice of Audiology and 5199
7697+Speech-language Pathology Interstate Compact is hereby enacted 5200
7698+
7699+CS/HB 1549 2024
7700+
7701+
7702+
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7704+hb1549-01-c1
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7706+FL 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
7707+
7708+
7709+
7710+into law and entered into by this state with all other states 5201
7711+legally joining therein in the form substantially as follows: 5202
7712+ 5203
7713+ARTICLE I 5204
7714+PURPOSE 5205
7715+ 5206
7716+ (1) The purpose of the compact is to facilitate the 5207
7717+interstate practice of audiology and speech -language pathology 5208
7718+with the goal of improving public access to audiology and 5209
7719+speech-language pathology services. 5210
7720+ (2) The practice of audiology and speech -language 5211
7721+pathology occurs in the state where the patient, client, or 5212
7722+student is located at the time the services are provided. 5213
7723+ (3) The compact preserves the regulatory authority of 5214
7724+states to protect public health and safety through the current 5215
7725+system of state licensure. 5216
7726+ (4) The compact is designed to achieve all of the 5217
7727+following objectives: 5218
7728+ (a) Increase public access to audiology and speech -5219
7729+language pathology services by providing for the mutual 5220
7730+recognition of other member state licenses. 5221
7731+ (b) Enhance the states' abilities to protect public health 5222
7732+and safety. 5223
7733+ (c) Encourage the cooperation of member states in 5224
7734+regulating multistate audiology and speech -language pathology 5225
7735+
7736+CS/HB 1549 2024
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7738+
7739+
7740+CODING: Words stricken are deletions; words underlined are additions.
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7743+FL 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
7744+
7745+
7746+
7747+practices. 5226
7748+ (d) Support spouses of relocating active duty military 5227
7749+personnel. 5228
7750+ (e) Enhance the exchange of licensure, investigative, and 5229
7751+disciplinary information between member states. 5230
7752+ (f) Allow a remote state to hold a licensee with compact 5231
7753+privilege in that state accountable to that state's practice 5232
7754+standards. 5233
7755+ (g) Allow for the use of telehealth technology to 5234
7756+facilitate increased access to audiology a nd speech-language 5235
7757+pathology services. 5236
7758+ 5237
7759+ARTICLE II 5238
7760+DEFINITIONS 5239
7761+ 5240
7762+ (1) As used in this section, the term: 5241
7763+ (2) "Active duty military" means full -time duty status in 5242
7764+the active uniformed service of the United States, including 5243
7765+members of the National Guard and Reserve on active duty orders 5244
7766+pursuant to 10 U.S.C. chapters 1209 and 1211. 5245
7767+ (3) "Adverse action" means any administrative, civil, 5246
7768+equitable, or criminal action permitted by a state's laws which 5247
7769+is imposed by a licensing board against a licensee, including 5248
7770+actions against an individual's license or privilege to practice 5249
7771+such as revocation, suspension, probation, monitoring of the 5250
7772+
7773+CS/HB 1549 2024
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7775+
7776+
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7780+FL 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
7781+
7782+
7783+
7784+licensee, or restriction on the licensee's practice. 5251
7785+ (4) "Alternative program" means a nondisciplinary 5252
7786+monitoring process approved by an audiology licensing board or a 5253
7787+speech-language pathology licensing board to address impaired 5254
7788+licensees. 5255
7789+ (5) "Audiologist" means an individual who is licensed by a 5256
7790+state to practice audiology. 5257
7791+ (6) "Audiology" means the care and services provided by a 5258
7792+licensed audiologist as provided in the member state's rules and 5259
7793+regulations. 5260
7794+ (7) "Audiology and Speech -language Pathology Interstate 5261
7795+Compact Commission" or "commission" means the national 5262
7796+administrative body whose membership consists of all states that 5263
7797+have enacted the compact. 5264
7798+ (8) "Audiology licensing board" means th e agency of a 5265
7799+state that is responsible for the licensing and regulation of 5266
7800+audiologists. 5267
7801+ (9) "Compact privilege" means the authorization granted by 5268
7802+a remote state to allow a licensee from another member state to 5269
7803+practice as an audiologist or speech -language pathologist in the 5270
7804+remote state under its rules and regulations. The practice of 5271
7805+audiology or speech-language pathology occurs in the member 5272
7806+state where the patient, client, or student is located at the 5273
7807+time the services are provided. 5274
7808+ (10) "Current significant investigative information," 5275
7809+
7810+CS/HB 1549 2024
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7812+
7813+
7814+CODING: Words stricken are deletions; words underlined are additions.
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7817+FL 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
7818+
7819+
7820+
7821+"investigative materials," "investigative records," or 5276
7822+"investigative reports" means information that a licensing 5277
7823+board, after an inquiry or investigation that includes 5278
7824+notification and an opportunity for the audiolo gist or speech-5279
7825+language pathologist to respond, if required by state law, has 5280
7826+reason to believe is not groundless and, if proved true, would 5281
7827+indicate more than a minor infraction. 5282
7828+ (11) "Data system" means a repository of information 5283
7829+relating to licensees , including, but not limited to, continuing 5284
7830+education, examination, licensure, investigative, compact 5285
7831+privilege, and adverse action information. 5286
7832+ (12) "Encumbered license" means a license in which an 5287
7833+adverse action restricts the practice of audiology or s peech-5288
7834+language pathology by the licensee and the adverse action has 5289
7835+been reported to the National Practitioner Data Bank (NPDB). 5290
7836+ (13) "Executive committee" means a group of directors 5291
7837+elected or appointed to act on behalf of, and within the powers 5292
7838+granted to them by, the commission. 5293
7839+ (14) "Home state" means the member state that is the 5294
7840+licensee's primary state of residence. 5295
7841+ (15) "Impaired licensee" means a licensee whose 5296
7842+professional practice is adversely affected by substance abuse, 5297
7843+addiction, or other health-related conditions. 5298
7844+ (16) "Licensee" means a person who is licensed by his or 5299
7845+her home state to practice as an audiologist or speech -language 5300
7846+
7847+CS/HB 1549 2024
7848+
7849+
7850+
7851+CODING: Words stricken are deletions; words underlined are additions.
7852+hb1549-01-c1
7853+Page 213 of 316
7854+FL 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
7855+
7856+
7857+
7858+pathologist. 5301
7859+ (17) "Licensing board" means the agency of a state that is 5302
7860+responsible for the licensing a nd regulation of audiologists or 5303
7861+speech-language pathologists. 5304
7862+ (18) "Member state" means a state that has enacted the 5305
7863+compact. 5306
7864+ (19) "Privilege to practice" means the legal authorization 5307
7865+to practice audiology or speech -language pathology in a remote 5308
7866+state. 5309
7867+ (20) "Remote state" means a member state other than the 5310
7868+home state where a licensee is exercising or seeking to exercise 5311
7869+his or her compact privilege. 5312
7870+ (21) "Rule" means a regulation, principle, or directive 5313
7871+adopted by the commission that has the fo rce of law. 5314
7872+ (22) "Single-state license" means an audiology or speech -5315
7873+language pathology license issued by a member state that 5316
7874+authorizes practice only within the issuing state and does not 5317
7875+include a privilege to practice in any other member state. 5318
7876+ (23) "Speech-language pathologist" means an individual who 5319
7877+is licensed to practice speech -language pathology. 5320
7878+ (24) "Speech-language pathology" means the care and 5321
7879+services provided by a licensed speech -language pathologist as 5322
7880+provided in the member state's ru les and regulations. 5323
7881+ (25) "Speech-language pathology licensing board" means the 5324
7882+agency of a state that is responsible for the licensing and 5325
7883+
7884+CS/HB 1549 2024
7885+
7886+
7887+
7888+CODING: Words stricken are deletions; words underlined are additions.
7889+hb1549-01-c1
7890+Page 214 of 316
7891+FL 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
7892+
7893+
7894+
7895+regulation of speech -language pathologists. 5326
7896+ (26) "State" means any state, commonwealth, district, or 5327
7897+territory of the United States of America that regulates the 5328
7898+practice of audiology and speech -language pathology. 5329
7899+ (27) "State practice laws" means a member state's laws, 5330
7900+rules, and regulations that govern the practice of audiology or 5331
7901+speech-language pathology, defi ne the scope of audiology or 5332
7902+speech-language pathology practice, and create the methods and 5333
7903+grounds for imposing discipline. 5334
7904+ (28) "Telehealth" means the application of 5335
7905+telecommunication technology to deliver audiology or speech -5336
7906+language pathology service s at a distance for assessment, 5337
7907+intervention, or consultation. 5338
7908+ 5339
7909+ARTICLE III 5340
7910+STATE PARTICIPATION 5341
7911+ 5342
7912+ (1) A license issued to an audiologist or speech -language 5343
7913+pathologist by a home state to a resident in that state must be 5344
7914+recognized by each member state as authorizing an audiologist or 5345
7915+speech-language pathologist to practice audiology or speech -5346
7916+language pathology, under a privilege to practice, in each 5347
7917+member state. 5348
7918+ (2) A state must implement procedures for considering the 5349
7919+criminal history records of appli cants for initial privilege to 5350
7920+
7921+CS/HB 1549 2024
7922+
7923+
7924+
7925+CODING: Words stricken are deletions; words underlined are additions.
7926+hb1549-01-c1
7927+Page 215 of 316
7928+FL 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
7929+
7930+
7931+
7932+practice. These procedures must include the submission of 5351
7933+fingerprints or other biometric -based information by applicants 5352
7934+for the purpose of obtaining an applicant's criminal history 5353
7935+records from the Federal Bureau of Investi gation and the agency 5354
7936+responsible for retaining that state's criminal history records. 5355
7937+ (a) A member state must fully implement a criminal history 5356
7938+records check procedure, within a timeframe established by rule, 5357
7939+which requires the member state to receive an applicant's 5358
7940+criminal history records from the Federal Bureau of 5359
7941+Investigation and the agency responsible for retaining the 5360
7942+member state's criminal history records and use such records in 5361
7943+making licensure decisions. 5362
7944+ (b) Communication between a member s tate, the commission, 5363
7945+and other member states regarding the verification of 5364
7946+eligibility for licensure through the compact may not include 5365
7947+any information received from the Federal Bureau of 5366
7948+Investigation relating to a criminal history records check 5367
7949+performed by a member state under Pub. L. No. 92 -544. 5368
7950+ (3) Upon application for a privilege to practice, the 5369
7951+licensing board in the issuing remote state must determine, 5370
7952+through the data system, whether the applicant has ever held, or 5371
7953+is the holder of, a license issued by any other state, whether 5372
7954+there are any encumbrances on any license or privilege to 5373
7955+practice held by the applicant, and whether any adverse action 5374
7956+has been taken against any license or privilege to practice held 5375
7957+
7958+CS/HB 1549 2024
7959+
7960+
7961+
7962+CODING: Words stricken are deletions; words underlined are additions.
7963+hb1549-01-c1
7964+Page 216 of 316
7965+FL 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
7966+
7967+
7968+
7969+by the applicant. 5376
7970+ (4) Each member state must require an applicant to obtain 5377
7971+or retain a license in his or her home state and meet the home 5378
7972+state's qualifications for licensure or renewal of licensure and 5379
7973+all other applicable state laws. 5380
7974+ (5) Each member state must require that an applica nt meet 5381
7975+all of the following criteria to receive the privilege to 5382
7976+practice as an audiologist in the member state: 5383
7977+ (a) One of the following educational requirements: 5384
7978+ 1. On or before December 31, 2007, has graduated with a 5385
7979+master's degree or doctoral deg ree in audiology, or an 5386
7980+equivalent degree, regardless of the name of such degree, from a 5387
7981+program that is accredited by an accrediting agency recognized 5388
7982+by the Council for Higher Education Accreditation, or its 5389
7983+successor, or by the United States Department of Education and 5390
7984+operated by a college or university accredited by a regional or 5391
7985+national accrediting organization recognized by the board; or 5392
7986+ 2. On or after January 1, 2008, has graduated with a 5393
7987+doctoral degree in audiology, or an equivalent degree, 5394
7988+regardless of the name of such degree, from a program that is 5395
7989+accredited by an accrediting agency recognized by the Council 5396
7990+for Higher Education Accreditation, or its successor, or by the 5397
7991+United States Department of Education and operated by a college 5398
7992+or university accredited by a regional or national accrediting 5399
7993+organization recognized by the board; or 5400
7994+
7995+CS/HB 1549 2024
7996+
7997+
7998+
7999+CODING: Words stricken are deletions; words underlined are additions.
8000+hb1549-01-c1
8001+Page 217 of 316
8002+FL 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
8003+
8004+
8005+
8006+ 3. Has graduated from an audiology program that is housed 5401
8007+in an institution of higher education outside of the United 5402
8008+States for which the degree program and institution have been 5403
8009+approved by the authorized accrediting body in the applicable 5404
8010+country and the degree program has been verified by an 5405
8011+independent credentials review agency to be comparable to a 5406
8012+state licensing board -approved program. 5407
8013+ (b) Has completed a supervised clinical practicum 5408
8014+experience from an accredited educational institution or its 5409
8015+cooperating programs as required by the commission. 5410
8016+ (c) Has successfully passed a national examination 5411
8017+approved by the commission. 5412
8018+ (d) Holds an active, une ncumbered license. 5413
8019+ (e) Has not been convicted or found guilty of, or entered 5414
8020+a plea of guilty or nolo contendere to, regardless of 5415
8021+adjudication, a felony in any jurisdiction which directly 5416
8022+relates to the practice of his or her profession or the ability 5417
8023+to practice his or her profession. 5418
8024+ (f) Has a valid United States social security number or a 5419
8025+national provider identifier number. 5420
8026+ (6) Each member state must require that an applicant meet 5421
8027+all of the following criteria to receive the privilege to 5422
8028+practice as a speech -language pathologist in the member state: 5423
8029+ (a) One of the following educational requirements: 5424
8030+ 1. Has graduated with a master's degree from a speech -5425
8031+
8032+CS/HB 1549 2024
8033+
8034+
8035+
8036+CODING: Words stricken are deletions; words underlined are additions.
8037+hb1549-01-c1
8038+Page 218 of 316
8039+FL 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
8040+
8041+
8042+
8043+language pathology program that is accredited by an organization 5426
8044+recognized by the United States Department of Education and 5427
8045+operated by a college or university accredited by a regional or 5428
8046+national accrediting organization recognized by the board; or 5429
8047+ 2. Has graduated from a speech -language pathology program 5430
8048+that is housed in an institut ion of higher education outside of 5431
8049+the United States for which the degree program and institution 5432
8050+have been approved by the authorized accrediting body in the 5433
8051+applicable country and the degree program has been verified by 5434
8052+an independent credentials review agency to be comparable to a 5435
8053+state licensing board -approved program. 5436
8054+ (b) Has completed a supervised clinical practicum 5437
8055+experience from an educational institution or its cooperating 5438
8056+programs as required by the commission. 5439
8057+ (c) Has completed a supervised postgraduate professional 5440
8058+experience as required by the commission. 5441
8059+ (d) Has successfully passed a national examination 5442
8060+approved by the commission. 5443
8061+ (e) Holds an active, unencumbered license. 5444
8062+ (f) Has not been convicted or found guilty of, or entered 5445
8063+a plea of guilty or nolo contendere to, regardless of 5446
8064+adjudication, a felony in any jurisdiction which directly 5447
8065+relates to the practice of his or her profession or the ability 5448
8066+to practice his or her profession. 5449
8067+ (g) Has a valid United States social security number or 5450
8068+
8069+CS/HB 1549 2024
8070+
8071+
8072+
8073+CODING: Words stricken are deletions; words underlined are additions.
8074+hb1549-01-c1
8075+Page 219 of 316
8076+FL 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
8077+
8078+
8079+
8080+national provider identifier number. 5451
8081+ (7) The privilege to practice is derived from the home 5452
8082+state license. 5453
8083+ (8) An audiologist or speech -language pathologist 5454
8084+practicing in a member state must comply with the state practice 5455
8085+laws of the member state where the client is located at the time 5456
8086+service is provided. The practice of audiology and speech -5457
8087+language pathology includes all audiology and speech -language 5458
8088+pathology practices as defined by the state practice laws of the 5459
8089+member state where the cl ient is located. The practice of 5460
8090+audiology and speech -language pathology in a member state under 5461
8091+a privilege to practice subjects an audiologist or speech -5462
8092+language pathologist to the jurisdiction of the licensing 5463
8093+boards, courts, and laws of the member stat e where the client is 5464
8094+located at the time service is provided. 5465
8095+ (9) Individuals not residing in a member state shall 5466
8096+continue to be able to apply for a member state's single -state 5467
8097+license as provided under the laws of each member state. 5468
8098+However, the single-state license granted to these individuals 5469
8099+may not be recognized as granting the privilege to practice 5470
8100+audiology or speech-language pathology in any other member 5471
8101+state. The compact does not affect the requirements established 5472
8102+by a member state for the is suance of a single-state license. 5473
8103+ (10) Member states may charge a fee for granting a compact 5474
8104+privilege. 5475
8105+
8106+CS/HB 1549 2024
8107+
8108+
8109+
8110+CODING: Words stricken are deletions; words underlined are additions.
8111+hb1549-01-c1
8112+Page 220 of 316
8113+FL 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
8114+
8115+
8116+
8117+ (11) Member states must comply with the bylaws and rules 5476
8118+of the commission. 5477
8119+ 5478
8120+ARTICLE IV 5479
8121+COMPACT PRIVILEGE 5480
8122+ 5481
8123+ (1) To exercise compact privilege under the compact, the 5482
8124+audiologist or speech -language pathologist must meet all of the 5483
8125+following criteria: 5484
8126+ (a) Hold an active license in the home state. 5485
8127+ (b) Have no encumbrance on any state license. 5486
8128+ (c) Be eligible for compact privilege in any member stat e 5487
8129+in accordance with Article III. 5488
8130+ (d) Not have any adverse action against any license or 5489
8131+compact privilege within the 2 years preceding the date of 5490
8132+application. 5491
8133+ (e) Notify the commission that he or she is seeking 5492
8134+compact privilege within a remote state or states. 5493
8135+ (f) Pay any applicable fees, including any state fee, for 5494
8136+the compact privilege. 5495
8137+ (g) Report to the commission any adverse action taken by 5496
8138+any nonmember state within 30 days after the date the adverse 5497
8139+action is taken. 5498
8140+ (2) For the purposes of compact privilege, an audiologist 5499
8141+or speech-language pathologist may only hold one home state 5500
8142+
8143+CS/HB 1549 2024
8144+
8145+
8146+
8147+CODING: Words stricken are deletions; words underlined are additions.
8148+hb1549-01-c1
8149+Page 221 of 316
8150+FL 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
8151+
8152+
8153+
8154+license at a time. 5501
8155+ (3) Except as provided in Article VI, if an audiologist or 5502
8156+speech-language pathologist changes his or her primary state of 5503
8157+residence by moving between two member states, the audiologist 5504
8158+or speech-language pathologist must apply for licensure in the 5505
8159+new home state, and the license issued by the prior home state 5506
8160+shall be deactivated in accordance with applicable rules adopted 5507
8161+by the commission. 5508
8162+ (4) The audiologist or speech -language pathologist may 5509
8163+apply for licensure in advance of a change in his or her primary 5510
8164+state of residence. 5511
8165+ (5) A license may not be issued by the new home state 5512
8166+until the audiologist or speech -language pathologist pro vides 5513
8167+satisfactory evidence of a change in his or her primary state of 5514
8168+residence to the new home state and satisfies all applicable 5515
8169+requirements to obtain a license from the new home state. 5516
8170+ (6) If an audiologist or speech -language pathologist 5517
8171+changes his or her primary state of residence by moving from a 5518
8172+member state to a nonmember state, the license issued by the 5519
8173+prior home state shall convert to a single -state license, valid 5520
8174+only in the former home state. 5521
8175+ (7) Compact privilege is valid until the expir ation date 5522
8176+of the home state license. The licensee must comply with the 5523
8177+requirements of subsection (1) to maintain compact privilege in 5524
8178+the remote state. 5525
8179+
8180+CS/HB 1549 2024
8181+
8182+
8183+
8184+CODING: Words stricken are deletions; words underlined are additions.
8185+hb1549-01-c1
8186+Page 222 of 316
8187+FL 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
8188+
8189+
8190+
8191+ (8) A licensee providing audiology or speech -language 5526
8192+pathology services in a remote state under com pact privilege 5527
8193+shall function within the laws and regulations of the remote 5528
8194+state. 5529
8195+ (9) A remote state may, in accordance with due process and 5530
8196+state law, remove a licensee's compact privilege in the remote 5531
8197+state for a specific period of time, impose fines , or take any 5532
8198+other necessary actions to protect the health and safety of its 5533
8199+residents. 5534
8200+ (10) If a home state license is encumbered, the licensee 5535
8201+shall lose compact privilege in all remote states until both of 5536
8202+the following occur: 5537
8203+ (a) The home state li cense is no longer encumbered. 5538
8204+ (b) Two years have lapsed from the date of the adverse 5539
8205+action. 5540
8206+ (11) Once an encumbered license in the home state is 5541
8207+restored to good standing, the licensee must meet the 5542
8208+requirements of subsection (1) to obtain compact privilege in 5543
8209+any remote state. 5544
8210+ (12) Once the requirements of subsection (10) have been 5545
8211+met, the licensee must meet the requirements in subsection (1) 5546
8212+to obtain compact privilege in a remote state. 5547
8213+ 5548
8214+ARTICLE V 5549
8215+COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 5550
8216+
8217+CS/HB 1549 2024
8218+
8219+
8220+
8221+CODING: Words stricken are deletions; words underlined are additions.
8222+hb1549-01-c1
8223+Page 223 of 316
8224+FL 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
8225+
8226+
8227+
8228+ 5551
8229+ Member states shall recognize the right of an audiologist 5552
8230+or speech-language pathologist, licensed by a home state in 5553
8231+accordance with Article III and under rules adopted by the 5554
8232+commission, to practice audiology or speech -language pathology 5555
8233+in any member state through the use of telehealth under 5556
8234+privilege to practice as provided in the compact and rules 5557
8235+adopted by the commission. 5558
8236+ 5559
8237+ARTICLE VI 5560
8238+ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 5561
8239+ 5562
8240+ Active duty military personnel, or their spouses, as 5563
8241+applicable, shall designate a home state where the individual 5564
8242+has a current license in good standing. The individual may 5565
8243+retain the home state designation during the period the 5566
8244+servicemember is on active duty. Subsequent to designating a 5567
8245+home state, the individual shall on ly change his or her home 5568
8246+state only through application for licensure in the new state. 5569
8247+ 5570
8248+ARTICLE VII 5571
8249+ADVERSE ACTIONS 5572
8250+ 5573
8251+ (1) In addition to the other powers conferred by state 5574
8252+law, a remote state may: 5575
8253+
8254+CS/HB 1549 2024
8255+
8256+
8257+
8258+CODING: Words stricken are deletions; words underlined are additions.
8259+hb1549-01-c1
8260+Page 224 of 316
8261+FL 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
8262+
8263+
8264+
8265+ (a) Take adverse action against an audiologist's or 5576
8266+speech-language pathologist's privilege to practice within that 5577
8267+member state. 5578
8268+ 1. Only the home state has the power to take adverse 5579
8269+action against an audiologist's or a speech -language 5580
8270+pathologist's license issued by the home state. 5581
8271+ 2. For purposes of t aking adverse action, the home state 5582
8272+shall give the same priority and effect to reported conduct 5583
8273+received from a member state as it would if the conduct had 5584
8274+occurred within the home state. In so doing, the home state 5585
8275+shall apply its own state laws to deter mine appropriate action. 5586
8276+ (b) Issue subpoenas for both hearings and investigations 5587
8277+that require the attendance and testimony of witnesses as well 5588
8278+as the production of evidence. Subpoenas issued by a licensing 5589
8279+board in a member state for the attendance and testimony of 5590
8280+witnesses or the production of evidence from another member 5591
8281+state must be enforced in the latter state by any court of 5592
8282+competent jurisdiction according to the practice and procedure 5593
8283+of that court applicable to subpoenas issued in proceedings 5594
8284+pending before it. The issuing authority shall pay any witness 5595
8285+fees, travel expenses, mileage, and other fees required by the 5596
8286+service statutes of the state in which the witnesses or evidence 5597
8287+are located. 5598
8288+ (c) Complete any pending investigations of an audi ologist 5599
8289+or speech-language pathologist who changes his or her primary 5600
8290+
8291+CS/HB 1549 2024
8292+
8293+
8294+
8295+CODING: Words stricken are deletions; words underlined are additions.
8296+hb1549-01-c1
8297+Page 225 of 316
8298+FL 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
8299+
8300+
8301+
8302+state of residence during the course of the investigations. The 5601
8303+home state also has the authority to take appropriate actions 5602
8304+and shall promptly report to the administrator of the data 5603
8305+system the conclusions of the investigations. The administrator 5604
8306+of the data system shall promptly notify the new home state of 5605
8307+any adverse actions. 5606
8308+ (d) If otherwise allowed by state law, recover from the 5607
8309+affected audiologist or speech -language pathologist the costs of 5608
8310+investigations and disposition of cases resulting from any 5609
8311+adverse action taken against that audiologist or speech - 5610
8312+language pathologist. 5611
8313+ (e) Take adverse action based on the factual findings of 5612
8314+the remote state, provided that the member st ate follows the 5613
8315+member state's own procedures for taking the adverse action. 5614
8316+ (2)(a) In addition to the authority granted to a member 5615
8317+state by its respective audiology or speech -language pathology 5616
8318+practice act or other applicable state law, any member sta te may 5617
8319+participate with other member states in joint investigations of 5618
8320+licensees. 5619
8321+ (b) Member states shall share any investigative, 5620
8322+litigation, or compliance materials in furtherance of any joint 5621
8323+or individual investigation initiated under the compact. 5622
8324+ (3) If adverse action is taken by the home state against 5623
8325+an audiologist's or a speech language pathologist's license, the 5624
8326+audiologist's or speech -language pathologist's privilege to 5625
8327+
8328+CS/HB 1549 2024
8329+
8330+
8331+
8332+CODING: Words stricken are deletions; words underlined are additions.
8333+hb1549-01-c1
8334+Page 226 of 316
8335+FL 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
8336+
8337+
8338+
8339+practice in all other member states shall be deactivated until 5626
8340+all encumbrances have been removed from the home state license. 5627
8341+All home state disciplinary orders that impose adverse action 5628
8342+against an audiologist's or a speech language pathologist's 5629
8343+license must include a statement that the audiologist's or 5630
8344+speech-language pathologist's privilege to practice is 5631
8345+deactivated in all member states during the pendency of the 5632
8346+order. 5633
8347+ (4) If a member state takes adverse action, it must 5634
8348+promptly notify the administrator of the data system. The 5635
8349+administrator of the data system shall promp tly notify the home 5636
8350+state of any adverse actions by remote states. 5637
8351+ (5) The compact does not override a member state's 5638
8352+decision that participation in an alternative program may be 5639
8353+used in lieu of adverse action. 5640
83548354 5641
8355- A licensee who is active duty military or is the spouse of 5642
8356-an individual who is active duty military may choose any of the 5643
8357-following locations to designate his or her home state: 5644
8358- (1) Home of record. 5645
8359- (2) Permanent change of station location. 5646
8360- (3) State of current residence, if it is different from 5647
8361-the home of record or permanent change of station location. 5648
8362- 5649
8363-ARTICLE VI 5650
8364-
8365-CS/CS/HB 1549 2024
8366-
8367-
8368-
8369-CODING: Words stricken are deletions; words underlined are additions.
8370-hb1549-02-c2
8371-Page 227 of 272
8372-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
8373-
8374-
8375-
8376-ADVERSE ACTIONS 5651
8377- 5652
8378- (1) A home state has exclusive power to impose adverse 5653
8379-action against a license issued by the home state. 5654
8380- (2) A home state may take adverse action based on the 5655
8381-investigative information of a remote state, so long as the home 5656
8382-state follows its own procedures for imposing adverse action. 5657
8383- (3) The compact does not override a member state's 5658
8384-decision that participation in an alternative program may be 5659
8385-used in lieu of adverse action and that such participation 5660
8386-remain nonpublic if required by the member state's laws. Member 5661
8387-states must require licensees who enter any alternative programs 5662
8388-in lieu of discipline to agree not to practice in any other 5663
8389-member state during the term of the alternative program without 5664
8390-prior authorization from such other member state. 5665
8391- (4) A member state may investigate actual or alleged 5666
8392-violations of the laws and rules for the p ractice of physical 5667
8393-therapy committed in any other member state by a physical 5668
8394-therapist or physical therapist assistant practicing under the 5669
8395-compact who holds a license or compact privilege in such other 5670
8396-member state. 5671
8397- (5) A remote state may do any of the following: 5672
8398- (a) Take adverse actions as set forth in subsection (4) of 5673
8399-article IV against a licensee's compact privilege in the state. 5674
8400- (b) Issue subpoenas for both hearings and investigations 5675
8401-
8402-CS/CS/HB 1549 2024
8403-
8404-
8405-
8406-CODING: Words stricken are deletions; words underlined are additions.
8407-hb1549-02-c2
8408-Page 228 of 272
8409-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
8410-
8411-
8412-
8413-which require the attendance and testimony of witnesses and the 5676
8414-production of evidence. Subpoenas issued by a physical therapy 5677
8415-licensing board in a member state for the attendance and 5678
8416-testimony of witnesses or for the production of evidence from 5679
8417-another member state must be enforced in the latter state by any 5680
8418-court of competent jurisdiction, according to the practice and 5681
8419-procedure of that court applicable to subpoenas issued in 5682
8420-proceedings pending before it. The issuing authority shall pay 5683
8421-any witness fees, travel expenses, mileage, and other fees 5684
8422-required by the service laws of the state where the witnesses or 5685
8423-evidence is located. 5686
8424- (c) If otherwise permitted by state law, recover from the 5687
8425-licensee the costs of investigations and disposition of cases 5688
8426-resulting from any adverse action taken against that licensee. 5689
8427- (6)(a) In addition to the authority granted to a member 5690
8428-state by its respective physical therapy practice act or other 5691
8429-applicable state law, a member state may participate with other 5692
8430-member states in joint investigations of licensees. 5693
8431- (b) Member states sh all share any investigative, 5694
8432-litigation, or compliance materials in furtherance of any joint 5695
8433-or individual investigation initiated under the compact. 5696
8434- 5697
8435-ARTICLE VII 5698
8436-ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION 5699
8437- 5700
8438-
8439-CS/CS/HB 1549 2024
8440-
8441-
8442-
8443-CODING: Words stricken are deletions; words underlined are additions.
8444-hb1549-02-c2
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8446-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
8447-
8448-
8449-
8450- (1) COMMISSION CREATED. —The member states hereby create 5701
8451-and establish a joint public agency known as the Physical 5702
8452-Therapy Compact Commission: 5703
8453- (a) The commission is an instrumentality of the member 5704
8454-states. 5705
8455- (b) Venue is proper, and judicial proceedings by or 5706
8456-against the commission shall be brought solely and exclusively 5707
8457-in a court of competent jurisdiction where the principal office 5708
8458-of the commission is located. The commission may waive venue and 5709
8459-jurisdictional defenses to the extent it adopts or consents to 5710
8460-participate in alternative di spute resolution proceedings. 5711
8461- (c) The compact may not be construed to be a waiver of 5712
8462-sovereign immunity. 5713
8463- (2) MEMBERSHIP, VOTING, AND MEETINGS. — 5714
8464- (a) Each member state has and is limited to one delegate 5715
8465-selected by that member state's physical therapy licensing board 5716
8466-to serve on the commission. The delegate must be a current 5717
8467-member of the physical therapy licensing board who is a physical 5718
8468-therapist, a physical therapist assistant, a public member, or 5719
8469-the board administrator. 5720
8470- (b) A delegate may be remo ved or suspended from office as 5721
8471-provided by the law of the state from which the delegate is 5722
8472-appointed. Any vacancy occurring on the commission must be 5723
8473-filled by the physical therapy licensing board of the member 5724
8474-state for which the vacancy exists. 5725
8475-
8476-CS/CS/HB 1549 2024
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8478-
8479-
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8483-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
8484-
8485-
8486-
8487- (c) Each delegate is entitled to one vote with regard to 5726
8488-the adoption of rules and bylaws and shall otherwise have an 5727
8489-opportunity to participate in the business and affairs of the 5728
8490-commission. 5729
8491- (d) A delegate shall vote in person or by such other means 5730
8492-as provided in the bylaws. The bylaws may provide for delegates' 5731
8493-participation in meetings by telephone or other means of 5732
8494-communication. 5733
8495- (e) The commission shall meet at least once during each 5734
8496-calendar year. Additional meetings may be held as set forth in 5735
8497-the bylaws. 5736
8498- (f) All meetings must be open to the public, and public 5737
8499-notice of meetings must be given in the same manner as required 5738
8500-under the rulemaking provisions in article IX. 5739
8501- (g) The commission or the executive board or other 5740
8502-committees of the commission may convene in a closed, nonpublic 5741
8503-meeting if the commission or executive board or other committees 5742
8504-of the commission must discuss any of the following: 5743
8505- 1. Noncompliance of a member state with its obligations 5744
8506-under the compact. 5745
8507- 2. The employment, compe nsation, or discipline of, or 5746
8508-other matters, practices, or procedures related to, specific 5747
8509-employees or other matters related to the commission's internal 5748
8510-personnel practices and procedures. 5749
8511- 3. Current, threatened, or reasonably anticipated 5750
8512-
8513-CS/CS/HB 1549 2024
8514-
8515-
8516-
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8518-hb1549-02-c2
8519-Page 231 of 272
8520-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
8521-
8522-
8523-
8524-litigation against the commission, executive board, or other 5751
8525-committees of the commission. 5752
8526- 4. Negotiation of contracts for the purchase, lease, or 5753
8527-sale of goods, services, or real estate. 5754
8528- 5. An accusation of any person of a crime or a formal 5755
8529-censure of any person. 5756
8530- 6. Information disclosing trade secrets or commercial or 5757
8531-financial information that is privileged or confidential. 5758
8532- 7. Information of a personal nature where disclosure would 5759
8533-constitute a clearly unwarranted invasion of personal privacy. 5760
8534- 8. Investigatory records compiled for law enforcement 5761
8535-purposes. 5762
8536- 9. Information related to any investigative reports 5763
8537-prepared by or on behalf of or for use of the commission or 5764
8538-other committee charged with responsibility for investigation or 5765
8539-determination of complianc e issues pursuant to the compact. 5766
8540- 10. Matters specifically exempted from disclosure by 5767
8541-federal or member state statute. 5768
8542- (h) If a meeting, or portion of a meeting, is closed 5769
8543-pursuant to this subsection, the commission's legal counsel or 5770
8355+ARTICLE VIII 5642
8356+ESTABLISHMENT OF THE AUDIOLOGY 5643
8357+AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT COMMISSION 5644
8358+ 5645
8359+ (1) The member states hereby create and establish a joint 5646
8360+public agency known as the Audiology and Speech -language 5647
8361+Pathology Interstate Compact Commission. 5648
8362+ (a) The commission is an instrumentality of the compact 5649
8363+states. 5650
8364+
8365+CS/HB 1549 2024
8366+
8367+
8368+
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8370+hb1549-01-c1
8371+Page 227 of 316
8372+FL 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
8373+
8374+
8375+
8376+ (b) Venue is proper, and judicial proceedings by or 5651
8377+against the commission must be brought solely and exclusively in 5652
8378+a court of competent jurisdiction where the principal office of 5653
8379+the commission is located. The com mission may waive venue and 5654
8380+jurisdictional defenses to the extent it adopts or consents to 5655
8381+participate in alternative dispute resolution proceedings. 5656
8382+ (c) This compact does not waive sovereign immunity except 5657
8383+to the extent sovereign immunity is waived in the member states. 5658
8384+ (2)(a) Each member state must have two delegates selected 5659
8385+by that member state's licensing boards. The delegates must be 5660
8386+current members of the licensing boards. One delegate must be an 5661
8387+audiologist and one delegate must be a speech -language 5662
8388+pathologist. 5663
8389+ (b) An additional five delegates, who are either public 5664
8390+members or board administrators from licensing boards, must be 5665
8391+chosen by the executive committee from a pool of nominees 5666
8392+provided by the commission at large. 5667
8393+ (c) A delegate may be removed or suspended from office as 5668
8394+provided by the state law from which the delegate is appointed. 5669
8395+ (d) The member state board shall fill any vacancy 5670
8396+occurring on the commission within 90 days after the vacancy 5671
8397+occurs. 5672
8398+ (e) Each delegate is entitled to one vote with regard to 5673
8399+the adoption of rules and creation of bylaws and shall otherwise 5674
8400+have an opportunity to participate in the business and affairs 5675
8401+
8402+CS/HB 1549 2024
8403+
8404+
8405+
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8407+hb1549-01-c1
8408+Page 228 of 316
8409+FL 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
8410+
8411+
8412+
8413+of the commission. 5676
8414+ (f) A delegate shall vote in person or by other means as 5677
8415+provided in the bylaws. The bylaws may provide for delegates' 5678
8416+participation in meetings by telephone or other means of 5679
8417+communication. 5680
8418+ (g) The commission shall meet at least once during each 5681
8419+calendar year. Additional meetings must be held as provided in 5682
8420+the bylaws and rules. 5683
8421+ (3) The commission has the following powers and duties: 5684
8422+ (a) Establish the commission's fiscal year. 5685
8423+ (b) Establish bylaws. 5686
8424+ (c) Establish a code of ethics. 5687
8425+ (d) Maintain its financial records in accordance with the 5688
8426+bylaws. 5689
8427+ (e) Meet and take actions as are consistent with the 5690
8428+compact and the bylaws. 5691
8429+ (f) Adopt uniform rules to facilitate and coordinate 5692
8430+implementation and administration of the compact. The rules 5693
8431+shall have the force and effect of law and are binding on all 5694
8432+member states. 5695
8433+ (g) Bring and prosecute legal proceedings or actions in 5696
8434+the name of the commission, provided that the standing of an 5697
8435+audiology licensing board or a speech -language pathology 5698
8436+licensing board to sue or be sued under applicable law is not 5699
8437+affected. 5700
8438+
8439+CS/HB 1549 2024
8440+
8441+
8442+
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8444+hb1549-01-c1
8445+Page 229 of 316
8446+FL 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
8447+
8448+
8449+
8450+ (h) Purchase and ma intain insurance and bonds. 5701
8451+ (i) Borrow, accept, or contract for services of personnel, 5702
8452+including, but not limited to, employees of a member state. 5703
8453+ (j) Hire employees, elect or appoint officers, fix 5704
8454+compensation, define duties, grant individuals appropr iate 5705
8455+authority to carry out the purposes of the compact, and 5706
8456+establish the commission's personnel policies and programs 5707
8457+relating to conflicts of interest, qualifications of personnel, 5708
8458+and other related personnel matters. 5709
8459+ (k) Accept any appropriate donations and grants of money, 5710
8460+equipment, supplies, and materials and services, and receive, 5711
8461+use, and dispose of the same, provided that at all times the 5712
8462+commission must avoid any appearance of impropriety or conflict 5713
8463+of interest. 5714
8464+ (l) Lease, purchase, ac cept appropriate gifts or donations 5715
8465+of, or otherwise own, hold, improve, or use any property, real, 5716
8466+personal, or mixed, provided that at all times the commission 5717
8467+shall avoid any appearance of impropriety. 5718
8468+ (m) Sell, convey, mortgage, pledge, lease, exchan ge, 5719
8469+abandon, or otherwise dispose of any property real, personal, or 5720
8470+mixed. 5721
8471+ (n) Establish a budget and make expenditures. 5722
8472+ (o) Borrow money. 5723
8473+ (p) Appoint committees, including standing committees 5724
8474+composed of members, and other interested persons as may be 5725
8475+
8476+CS/HB 1549 2024
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8478+
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8483+FL 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
8484+
8485+
8486+
8487+designated in the compact and the bylaws. 5726
8488+ (q) Provide and receive information from, and cooperate 5727
8489+with, law enforcement agencies. 5728
8490+ (r) Establish and elect an executive committee. 5729
8491+ (s) Perform other functions as may be necessary or 5730
8492+appropriate to achieve the purposes of the compact consistent 5731
8493+with the state regulation of audiology and speech -language 5732
8494+pathology licensure and practice. 5733
8495+ (4) The executive committee shall have the power to act on 5734
8496+behalf of the commission according to the terms of the c ompact. 5735
8497+ (a) The executive committee must be composed of 10 members 5736
8498+as follows: 5737
8499+ 1. Seven voting members who are elected by the commission 5738
8500+from the current membership of the commission. 5739
8501+ 2. Two ex officio members, consisting of one nonvoting 5740
8502+member from a recognized national audiology professional 5741
8503+association and one nonvoting member from a recognized national 5742
8504+speech-language pathology association. 5743
8505+ 3. One ex-officio, nonvoting member from the recognized 5744
8506+membership organization of the audiology licensin g and speech-5745
8507+language pathology licensing boards. 5746
8508+ (b) The ex officio members must be selected by their 5747
8509+respective organizations. 5748
8510+ (c) The commission may remove any member of the executive 5749
8511+committee as provided in the bylaws. 5750
8512+
8513+CS/HB 1549 2024
8514+
8515+
8516+
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8518+hb1549-01-c1
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8520+FL 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
8521+
8522+
8523+
8524+ (d) The executive committe e shall meet at least annually. 5751
8525+ (e) The executive committee has the following duties and 5752
8526+responsibilities: 5753
8527+ 1. Recommend to the entire commission changes to the rules 5754
8528+or bylaws and changes to this compact legislation, fees paid by 5755
8529+member states such as annual dues, and any commission compact 5756
8530+fee charged to licensees for the compact privilege. 5757
8531+ 2. Ensure compact administration services are 5758
8532+appropriately provided, contractual or otherwise. 5759
8533+ 3. Prepare and recommend the budget. 5760
8534+ 4. Maintain financial rec ords on behalf of the commission. 5761
8535+ 5. Monitor compact compliance of member states and provide 5762
8536+compliance reports to the commission. 5763
8537+ 6. Establish additional committees as necessary. 5764
8538+ 7. Other duties as provided by rule or bylaw. 5765
8539+ (f) All meetings must be open to the public, and public 5766
8540+notice of meetings must be given in the same manner as required 5767
8541+under the rulemaking provisions in Article X. 5768
8542+ (g) If a meeting or any portion of a meeting is closed 5769
8543+under this subsection, the commission's legal counsel o r 5770
85448544 designee must certify that the meeting may be closed and must 5771
85458545 reference each relevant exempting provision. 5772
8546- (i) The commission shall keep minutes that fully and 5773
8546+ (h) The commission shall keep minutes that fully and 5773
85478547 clearly describe all matters discussed in a meeting and shall 5774
8548-provide a full and accurate summary of actions t aken and the 5775
8549-
8550-CS/CS/HB 1549 2024
8551-
8552-
8553-
8554-CODING: Words stricken are deletions; words underlined are additions.
8555-hb1549-02-c2
8556-Page 232 of 272
8548+provide a full and accurate su mmary of actions taken, and the 5775
8549+
8550+CS/HB 1549 2024
8551+
8552+
8553+
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85578557 FL 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
85588558
85598559
85608560
85618561 reasons therefore, including a description of the views 5776
85628562 expressed. All documents considered in connection with an action 5777
8563-must be identified in the minutes. All minutes and documents of 5778
8564-a closed meeting must remain under seal, subject to releas e only 5779
8565-by a majority vote of the commission or order of a court of 5780
8566-competent jurisdiction. 5781
8567- (3) DUTIES.—The commission shall do all of the following: 5782
8568- (a) Establish the fiscal year of the commission. 5783
8569- (b) Establish bylaws. 5784
8570- (c) Maintain its financial r ecords in accordance with the 5785
8571-bylaws. 5786
8572- (d) Meet and take such actions as are consistent with the 5787
8573-provisions of the compact and the bylaws. 5788
8574- (4) POWERS.—The commission may do any of the following: 5789
8575- (a) Adopt uniform rules to facilitate and coordinate 5790
8576-implementation and administration of the compact. The rules have 5791
8577-the force and effect of law and are be binding in all member 5792
8578-states. 5793
8579- (b) Bring and prosecute legal proceedings or actions in 5794
8580-the name of the commission, provided that the standing of any 5795
8581-state physical therapy licensing board to sue or be sued under 5796
8582-applicable law is not affected. 5797
8583- (c) Purchase and maintain insurance and bonds. 5798
8584- (d) Borrow, accept, or contract for services of personnel, 5799
8585-including, but not limited to, employees of a member sta te. 5800
8586-
8587-CS/CS/HB 1549 2024
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8589-
8590-
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8594-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
8595-
8596-
8597-
8598- (e) Hire employees and elect or appoint officers; fix 5801
8599-compensation of, define duties of, and grant appropriate 5802
8600-authority to such individuals to carry out the purposes of the 5803
8601-compact; and establish the commission's personnel policies and 5804
8602-programs relating to conflicts of interest, qualifications of 5805
8603-personnel, and other related personnel matters. 5806
8604- (f) Accept any appropriate donations and grants of money, 5807
8605-equipment, supplies, materials, and services and receive, use, 5808
8606-and dispose of the same, provided th at at all times the 5809
8607-commission avoids any appearance of impropriety or conflict of 5810
8608-interest. 5811
8609- (g) Lease, purchase, accept appropriate gifts or donations 5812
8610-of, or otherwise own, hold, improve, or use any property, real, 5813
8611-personal, or mixed, provided that at a ll times the commission 5814
8612-avoids any appearance of impropriety or conflict of interest. 5815
8613- (h) Sell, convey, mortgage, pledge, lease, exchange, 5816
8614-abandon, or otherwise dispose of any property, real, personal, 5817
8615-or mixed. 5818
8616- (i) Establish a budget and make expendit ures. 5819
8617- (j) Borrow money. 5820
8618- (k) Appoint committees, including standing committees 5821
8619-composed of members, state regulators, state legislators or 5822
8620-their representatives, and consumer representatives, and such 5823
8621-other interested persons as may be designated in the compact and 5824
8622-the bylaws. 5825
8623-
8624-CS/CS/HB 1549 2024
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8626-
8627-
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8631-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
8632-
8633-
8634-
8635- (l) Provide information to, receive information from, and 5826
8636-cooperate with law enforcement agencies. 5827
8637- (m) Establish and elect an executive board. 5828
8638- (n) Perform such other functions as may be necessary or 5829
8639-appropriate to achieve the purposes of the compact consistent 5830
8640-with the state regulation of physical therapy licensure and 5831
8641-practice. 5832
8642- (5) THE EXECUTIVE BOARD. — 5833
8643- (a) The executive board may act on behalf of the 5834
8644-commission according to the terms of the compact. 5835
8645- (b) The executive b oard shall consist of the following 5836
8646-nine members: 5837
8647- 1. Seven voting members who are elected by the commission 5838
8648-from the current membership of the commission. 5839
8649- 2. One ex-officio, nonvoting member from the recognized 5840
8650-national physical therapy professional as sociation. 5841
8651- 3. One ex-officio, nonvoting member from the recognized 5842
8652-membership organization of the physical therapy licensing 5843
8653-boards. 5844
8654- (c) The ex officio members shall be selected by their 5845
8655-respective organizations. 5846
8656- (d) The commission may remove any mem ber of the executive 5847
8657-board as provided in its bylaws. 5848
8658- (e) The executive board shall meet at least annually. 5849
8659- (f) The executive board shall do all of the following: 5850
8660-
8661-CS/CS/HB 1549 2024
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8663-
8664-
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8668-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
8669-
8670-
8671-
8672- 1. Recommend to the entire commission changes to the rules 5851
8673-or bylaws, compact legislati on, fees paid by compact member 5852
8674-states, such as annual dues, and any commission compact fee 5853
8675-charged to licensees for the compact privilege. 5854
8676- 2. Ensure compact administration services are 5855
8677-appropriately provided, contractually or otherwise. 5856
8678- 3. Prepare and recommend the budget. 5857
8679- 4. Maintain financial records on behalf of the commission. 5858
8680- 5. Monitor compact compliance of member states and provide 5859
8681-compliance reports to the commission. 5860
8682- 6. Establish additional committees as necessary. 5861
8683- 7. Perform other dut ies as provided in the rules or 5862
8684-bylaws. 5863
8685- (6) FINANCING OF THE COMMISSION. — 5864
8686- (a) The commission shall pay, or provide for the payment 5865
8687-of, the reasonable expenses of its establishment, organization, 5866
8688-and ongoing activities. 5867
8689- (b) The commission may accept any appropriate revenue 5868
8690-sources, donations, and grants of money, equipment, supplies, 5869
8691-materials, and services. 5870
8692- (c) The commission may levy and collect an annual 5871
8693-assessment from each member state or impose fees on other 5872
8694-parties to cover the cost of the op erations and activities of 5873
8695-the commission and its staff. Such assessments and fees must be 5874
8696-in a total amount sufficient to cover its annual budget as 5875
8697-
8698-CS/CS/HB 1549 2024
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8700-
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8705-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
8706-
8707-
8708-
8709-approved each year for which revenue is not provided by other 5876
8710-sources. The aggregate annual assessment amo unt must be 5877
8711-allocated based upon a formula to be determined by the 5878
8712-commission, which shall adopt a rule binding upon all member 5879
8713-states. 5880
8714- (d) The commission may not incur obligations of any kind 5881
8715-before securing the funds adequate to meet such obligations; nor 5882
8716-may the commission pledge the credit of any of the member 5883
8717-states, except by and with the authority of the member state. 5884
8718- (e) The commission shall keep accurate accounts of all 5885
8719-receipts and disbursements. The receipts and disbursements of 5886
8720-the commission are subject to the audit and accounting 5887
8721-procedures established under its bylaws. However, all receipts 5888
8722-and disbursements of funds handled by the commission must be 5889
8723-audited yearly by a certified or licensed public accountant, and 5890
8724-the report of the audit m ust be included in and become part of 5891
8725-the annual report of the commission. 5892
8726- (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 5893
8727- (a) The members, officers, executive director, employees, 5894
8728-and representatives of the commission are immune from suit and 5895
8729-liability, either personally or in their official capacity, for 5896
8730-any claim for damage to or loss of property or personal injury 5897
8731-or other civil liability caused by or arising out of any actual 5898
8732-or alleged act, error, or omission that occurred, or that the 5899
8733-person against whom the claim is made had a reasonable basis for 5900
8734-
8735-CS/CS/HB 1549 2024
8736-
8737-
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8740-hb1549-02-c2
8741-Page 237 of 272
8742-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
8743-
8744-
8745-
8746-believing occurred, within the scope of commission employment, 5901
8747-duties, or responsibilities. However, this paragraph may not be 5902
8748-construed to protect any such person from suit or liability for 5903
8749-any damage, loss, injury, or liability caused by the 5904
8750-intentional, willful, or wanton misconduct of that person. 5905
8751- (b) The commission shall defend any member, officer, 5906
8752-executive director, employee, or representative of the 5907
8753-commission in any civil action seeking to impose liability 5908
8754-arising out of any actual or alleged act, error, or omission 5909
8755-that occurred within the scope of commission employment, duties, 5910
8756-or responsibilities, or that the person against whom the claim 5911
8757-is made had a reasonable basis for believing o ccurred within the 5912
8758-scope of commission employment, duties, or responsibilities. 5913
8759-However, this subsection may not be construed to prohibit any 5914
8760-member, officer, executive director, employee, or representative 5915
8761-of the commission from retaining his or her own c ounsel or to 5916
8762-require the commission to defend such person if the actual or 5917
8763-alleged act, error, or omission resulted from that person's 5918
8764-intentional, willful, or wanton misconduct. 5919
8765- (c) The commission shall indemnify and hold harmless any 5920
8766-member, officer, executive director, employee, or representative 5921
8767-of the commission for the amount of any settlement or judgment 5922
8768-obtained against that person arising out of any actual or 5923
8769-alleged act, error, or omission that occurred within the scope 5924
8770-of commission employment, duties, or responsibilities, or that 5925
8771-
8772-CS/CS/HB 1549 2024
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8774-
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8777-hb1549-02-c2
8778-Page 238 of 272
8779-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
8780-
8781-
8782-
8783-such person had a reasonable basis for believing occurred within 5926
8784-the scope of commission employment, duties, or responsibilities, 5927
8785-provided that the actual or alleged act, error, or omission did 5928
8786-not result from the inte ntional, willful, or wanton misconduct 5929
8787-of that person. 5930
8788- 5931
8789-ARTICLE VIII 5932
8790-DATA SYSTEM 5933
8791- (1) The commission shall provide for the development, 5934
8792-maintenance, and use of a coordinated database and reporting 5935
8793-system containing licensure, adverse action, and investiga tive 5936
8794-information on all licensees in member states. 5937
8795- (2) Notwithstanding any other provision of state law to 5938
8796-the contrary, a member state shall submit a uniform data set to 5939
8797-the data system on all individuals to whom the compact is 5940
8798-applicable as required b y the rules of the commission, including 5941
8799-all of the following: 5942
8800- (a) Identifying information. 5943
8801- (b) Licensure data. 5944
8802- (c) Investigative information. 5945
8803- (d) Adverse actions against a license or compact 5946
8804-privilege. 5947
8805- (e) Nonconfidential information related to alternative 5948
8806-program participation. 5949
8807- (f) Any denial of application for licensure and the reason 5950
8808-
8809-CS/CS/HB 1549 2024
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8811-
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8814-hb1549-02-c2
8815-Page 239 of 272
8816-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
8817-
8818-
8819-
8820-for such denial. 5951
8821- (g) Other information that may facilitate the 5952
8822-administration of the compact, as determined by the rules of the 5953
8823-commission. 5954
8824- (3) Investigative information in the system pertaining to 5955
8825-a licensee in any member state must be available only to other 5956
8826-member states. 5957
8827- (4) The commission shall promptly notify all member states 5958
8828-of any adverse action taken against a licensee or an individual 5959
8829-applying for a license in a member state. Adverse action 5960
8830-information pertaining to a licensee in any member state must be 5961
8831-available to all other member states. 5962
8832- (5) Member states contributing information to the data 5963
8833-system may designate information that may not be s hared with the 5964
8834-public without the express permission of the contributing state. 5965
8835- (6) Any information submitted to the data system which is 5966
8836-subsequently required to be expunged by the laws of the member 5967
8837-state contributing the information must be removed fr om the data 5968
8838-system. 5969
8839- 5970
8840-ARTICLE IX 5971
8841-RULEMAKING 5972
8842- (1) The commission shall exercise its rulemaking powers 5973
8843-pursuant to the criteria set forth in this article and the rules 5974
8844-adopted thereunder. Rules and amendments become binding as of 5975
8845-
8846-CS/CS/HB 1549 2024
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8848-
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8851-hb1549-02-c2
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8853-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
8854-
8855-
8856-
8857-the date specified in each r ule or amendment. 5976
8858- (2) If a majority of the legislatures of the member states 5977
8859-rejects a rule by enactment of a statute or resolution in the 5978
8860-same manner used to adopt the compact within 4 years after the 5979
8861-date of adoption of the rule, such rule does not hav e further 5980
8862-force and effect in any member state. 5981
8863- (3) Rules or amendments to the rules must be adopted at a 5982
8864-regular or special meeting of the commission. 5983
8865- (4) Before adoption of a final rule or rules by the 5984
8866-commission, and at least 30 days before the meet ing at which the 5985
8867-rule will be considered and voted upon, the commission must file 5986
8868-a notice of proposed rulemaking on all of the following: 5987
8869- (a) The website of the commission or another publicly 5988
8870-accessible platform. 5989
8871- (b) The website of each member state p hysical therapy 5990
8872-licensing board or another publicly accessible platform or the 5991
8873-publication in which each state would otherwise publish proposed 5992
8874-rules. 5993
8875- (5) The notice of proposed rulemaking must include all of 5994
8876-the following: 5995
8877- (a) The proposed date, time, and location of the meeting 5996
8878-in which the rule will be considered and voted upon. 5997
8879- (b) The text of the proposed rule or amendment and the 5998
8880-reason for the proposed rule. 5999
8881- (c) A request for comments on the proposed rule from any 6000
8882-
8883-CS/CS/HB 1549 2024
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8885-
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8888-hb1549-02-c2
8889-Page 241 of 272
8890-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
8891-
8892-
8893-
8894-interested person. 6001
8895- (d) The manner in which interested persons may submit 6002
8896-notice to the commission of their intention to attend the public 6003
8897-hearing and any written comments. 6004
8898- (6) Before adoption of a proposed rule, the commission 6005
8899-must allow persons to submit written data, facts, opi nions, and 6006
8900-arguments, which must be made available to the public. 6007
8901- (7) The commission must grant an opportunity for a public 6008
8902-hearing before it adopts a rule or an amendment if a hearing is 6009
8903-requested by any of the following: 6010
8904- (a) At least 25 persons. 6011
8905- (b) A state or federal governmental subdivision or agency. 6012
8906- (c) An association having at least 25 members. 6013
8907- (8) If a scheduled public hearing is held on the proposed 6014
8908-rule or amendment, the commission must publish the date, time, 6015
8909-and location of the hearing . If the hearing is held through 6016
8910-electronic means, the commission must publish the mechanism for 6017
8911-access to the electronic hearing. 6018
8912- (a) All persons wishing to be heard at the hearing must 6019
8913-notify the executive director of the commission or another 6020
8914-designated member in writing of their desire to appear and 6021
8915-testify at the hearing at least 5 business days before the 6022
8916-scheduled date of the hearing. 6023
8917- (b) Hearings must be conducted in a manner providing each 6024
8918-person who wishes to comment a fair and reasonable oppo rtunity 6025
8919-
8920-CS/CS/HB 1549 2024
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8922-
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8925-hb1549-02-c2
8926-Page 242 of 272
8927-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
8928-
8929-
8930-
8931-to comment orally or in writing. 6026
8932- (c) All hearings must be recorded. A copy of the recording 6027
8933-must be made available on request. 6028
8934- (d) This section may not be construed to require a 6029
8935-separate hearing on each rule. Rules may be grouped for the 6030
8936-convenience of the commission at hearings required by this 6031
8937-section. 6032
8938- (9) Following the scheduled hearing date, or by the close 6033
8939-of business on the scheduled hearing date if the hearing was not 6034
8940-held, the commission shall consider all written and oral 6035
8941-comments received. 6036
8942- (10) If no written notice of intent to attend the public 6037
8943-hearing by interested parties is received, the commission may 6038
8944-proceed with adoption of the proposed rule without a public 6039
8945-hearing. 6040
8946- (11) The commission shall, by majority vote of all 6041
8947-members, take final action on the proposed rule and shall 6042
8948-determine the effective date of the rule, if any, based on the 6043
8949-rulemaking record and the full text of the rule. 6044
8950- (12) Upon determination that an emergency exists, the 6045
8951-commission may consider and ad opt an emergency rule without 6046
8952-prior notice, opportunity for comment, or hearing, provided that 6047
8953-the usual rulemaking procedures provided in the compact and in 6048
8954-this section are retroactively applied to the rule as soon as 6049
8955-reasonably possible, in no event lat er than 90 days after the 6050
8956-
8957-CS/CS/HB 1549 2024
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8959-
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8962-hb1549-02-c2
8963-Page 243 of 272
8964-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
8965-
8966-
8967-
8968-effective date of the rule. For the purposes of this subsection, 6051
8969-an emergency rule is one that must be adopted immediately in 6052
8970-order to do any of the following: 6053
8971- (a) Meet an imminent threat to public health, safety, or 6054
8972-welfare. 6055
8973- (b) Prevent a loss of commission or member state funds. 6056
8974- (c) Meet a deadline for the adoption of an administrative 6057
8975-rule established by federal law or rule. 6058
8976- (d) Protect public health and safety. 6059
8977- (13) The commission or an authorized committee of the 6060
8978-commission may direct revisions to a previously adopted rule or 6061
8979-amendment for purposes of correcting typographical errors, 6062
8980-errors in format, errors in consistency, or grammatical errors. 6063
8981-Public notice of any revisions must be posted on the website of 6064
8982-the commission. The revision is subject to challenge by any 6065
8983-person for a period of 30 days after posting. The revision may 6066
8984-be challenged only on grounds that the revision results in a 6067
8985-material change to a rule. A challenge must be made in writing 6068
8986-and delivered to the chair of the commission before the end of 6069
8987-the notice period. If a challenge is not made, the revision 6070
8988-takes effect without further action. If the revision is 6071
8989-challenged, the revision may not take effect without the 6072
8990-approval of the commission. 6073
8991- 6074
8992-ARTICLE X 6075
8993-
8994-CS/CS/HB 1549 2024
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8996-
8997-
8998-CODING: Words stricken are deletions; words underlined are additions.
8999-hb1549-02-c2
9000-Page 244 of 272
9001-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
9002-
9003-
9004-
9005-OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 6076
9006- (1) OVERSIGHT.— 6077
9007- (a) The executive, legislative, and judicial branches of 6078
9008-state government in each member state shall enforce the compact 6079
9009-and take all actions necessary and appropriate to carry out the 6080
9010-compact's purposes and intent. The provisions of the compact and 6081
9011-the rules adopted pursuant thereto shall have standing as 6082
9012-statutory law. 6083
9013- (b) All courts shall take judicial notice of the compact 6084
9014-and the rules in any judicial or administrative proceeding in a 6085
9015-member state pertaining to the subject matter of the compact 6086
9016-which may affect the powers, responsibilities, or actions of the 6087
9017-commission. 6088
9018- (c) The commission is entitled to receive service of 6089
9019-process in any such proceeding and has standing to intervene in 6090
9020-such a proceeding for all purposes. Failure to provide service 6091
9021-of process to the commission renders a judgment or an order void 6092
9022-as to the commission, the compact, or the adopted rules. 6093
9023- (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 6094
9024- (a) If the commission determines that a member state has 6095
9025-defaulted in the performance of its obligations or 6096
9026-responsibilities under the compact or the adopted rules, the 6097
9027-commission must do all of the following: 6098
9028- 1. Provide written notice to the defaulting state and 6099
9029-other member states of the nature of the default, the proposed 6100
9030-
9031-CS/CS/HB 1549 2024
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9033-
9034-
9035-CODING: Words stricken are deletions; words underlined are additions.
9036-hb1549-02-c2
9037-Page 245 of 272
9038-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
9039-
9040-
9041-
9042-means of curing the default, and any other action to be taken by 6101
9043-the commission. 6102
9044- 2. Provide remedial training and specific technical 6103
9045-assistance regarding the default. 6104
9046- (b) If a state in defa ult fails to cure the default, the 6105
9047-defaulting state may be terminated from the compact upon an 6106
9048-affirmative vote of a majority of the member states, and all 6107
9049-rights, privileges, and benefits conferred by the compact may be 6108
9050-terminated on the effective date of termination. A cure of the 6109
9051-default does not relieve the offending state of obligations or 6110
9052-liabilities incurred during the period of default. 6111
9053- (c) Termination of membership in the compact may be 6112
9054-imposed only after all other means of securing compliance ha ve 6113
9055-been exhausted. The commission shall give notice of intent to 6114
9056-suspend or terminate a defaulting member state to the governor 6115
9057-and majority and minority leaders of the defaulting state's 6116
9058-legislature and to each of the member states. 6117
9059- (d) A state that has been terminated from the compact is 6118
9060-responsible for all assessments, obligations, and liabilities 6119
9061-incurred through the effective date of termination, including 6120
9062-obligations that extend beyond the effective date of 6121
9063-termination. 6122
9064- (e) The commission does not bear any costs related to a 6123
9065-state that is found to be in default or that has been terminated 6124
9066-from the compact, unless agreed upon in writing between the 6125
9067-
9068-CS/CS/HB 1549 2024
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9070-
9071-
9072-CODING: Words stricken are deletions; words underlined are additions.
9073-hb1549-02-c2
9074-Page 246 of 272
9075-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
9076-
9077-
9078-
9079-commission and the defaulting state. 6126
9080- (f) The defaulting state may appeal the action of the 6127
9081-commission by petitioning the U.S. District Court for the 6128
9082-District of Columbia or the federal district where the 6129
9083-commission has its principal offices. The prevailing member 6130
9084-shall be awarded all costs of such litigation, including 6131
9085-reasonable attorney fees. 6132
9086- (3) DISPUTE RESOLUTION.— 6133
9087- (a) Upon request by a member state, the commission must 6134
9088-attempt to resolve disputes related to the compact which arise 6135
9089-among member states and between member and nonmember states. 6136
9090- (b) The commission shall adopt a rule providing for bo th 6137
9091-mediation and binding dispute resolution for disputes as 6138
9092-appropriate. 6139
9093- (4) ENFORCEMENT.— 6140
9094- (a) The commission, in the reasonable exercise of its 6141
9095-discretion, shall enforce the compact and the commission's 6142
9096-rules. 6143
9097- (b) By majority vote, the commission ma y initiate legal 6144
9098-action in the United States District Court for the District of 6145
9099-Columbia or the federal district where the commission has its 6146
9100-principal offices against a member state in default to enforce 6147
9101-compliance with the provisions of the compact and i ts adopted 6148
9102-rules and bylaws. The relief sought may include both injunctive 6149
9103-relief and damages. In the event judicial enforcement is 6150
9104-
9105-CS/CS/HB 1549 2024
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9107-
9108-
9109-CODING: Words stricken are deletions; words underlined are additions.
9110-hb1549-02-c2
9111-Page 247 of 272
9112-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
9113-
9114-
9115-
9116-necessary, the prevailing member shall be awarded all costs of 6151
9117-such litigation, including reasonable attorney fees. 6152
9118- (c) The remedies under this article are not the exclusive 6153
9119-remedies of the commission. The commission may pursue any other 6154
9120-remedies available under federal or state law. 6155
9121- 6156
9122-ARTICLE XI 6157
9123-DATE OF IMPLEMENTATION OF THE PHYSICAL THERAPY COMPACT AND 6158
9124-ASSOCIATED RULES; WITH DRAWAL; AND AMENDMENTS 6159
9125- (1) The compact becomes effective on the date that the 6160
9126-compact statute is enacted into law in the tenth member state. 6161
9127-The provisions that become effective at that time are limited to 6162
9128-the powers granted to the commission relating to assembly and 6163
9129-the adoption of rules. Thereafter, the commission shall meet and 6164
9130-exercise rulemaking powers necessary for the implementation and 6165
9131-administration of the compact. 6166
9132- (2) Any state that joins the compact subsequent to the 6167
9133-commission's initial adop tion of the rules is subject to the 6168
9134-rules as they exist on the date that the compact becomes law in 6169
9135-that state. Any rule that has been previously adopted by the 6170
9136-commission has the full force and effect of law on the day the 6171
9137-compact becomes law in that stat e. 6172
9138- (3) Any member state may withdraw from the compact by 6173
9139-enacting a statute repealing the same. 6174
9140- (a) A member state's withdrawal does not take effect until 6175
9141-
9142-CS/CS/HB 1549 2024
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9144-
9145-
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9147-hb1549-02-c2
9148-Page 248 of 272
9149-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
9150-
9151-
9152-
9153-6 months after enactment of the repealing statute. 6176
9154- (b) Withdrawal does not affect the continuin g requirement 6177
9155-of the withdrawing state's physical therapy licensing board to 6178
9156-comply with the investigative and adverse action reporting 6179
9157-requirements of this act before the effective date of 6180
9158-withdrawal. 6181
9159- (4) The compact may not be construed to invalidate o r 6182
9160-prevent any physical therapy licensure agreement or other 6183
9161-cooperative arrangement between a member state and a nonmember 6184
9162-state which does not conflict with the provisions of the 6185
9163-compact. 6186
9164- (5) The compact may be amended by the member states. An 6187
9165-amendment to the compact does not become effective and binding 6188
9166-upon any member state until it is enacted into the laws of all 6189
9167-member states. 6190
9168- 6191
9169-ARTICLE XII 6192
9170-CONSTRUCTION AND SEVERABILITY 6193
9171- The compact must be liberally construed so as to carry out 6194
9172-the purposes thereof. The provisions of the compact are 6195
9173-severable, and if any phrase, clause, sentence, or provision of 6196
9174-the compact is declared to be contrary to the constitution of 6197
9175-any member state or of the United States or the applicability 6198
9176-thereof to any government, agency, person, or circumstance is 6199
9177-held invalid, the validity of the remainder of the compact and 6200
9178-
9179-CS/CS/HB 1549 2024
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9181-
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9184-hb1549-02-c2
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9186-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
9187-
9188-
9189-
9190-the applicability thereof to any government, agency, person, or 6201
9191-circumstance is not affected thereby. If the compact is held 6202
9192-contrary to the constitution of any member state, the compact 6203
9193-remains in full force and effect as to the remaining member 6204
9194-states and in full force and effect as to the member state 6205
9195-affected as to all severable matte rs. 6206
9196- Section 62. The provisions of the Physical Therapy 6207
9197-Licensure Compact do not authorize the Department of Health or 6208
9198-the Board of Physical Therapy to collect a compact privilege 6209
9199-fee, but rather state that fees of this kind are allowable under 6210
9200-the compact. The Department of Health and the Board of Physical 6211
9201-Therapy must comply with the requirements of s. 456.025. 6212
9202- Section 63. Subsection (5) is added to section 486.023, 6213
9203-Florida Statutes, to read: 6214
9204- 486.023 Board of Physical Therapy Practice. — 6215
9205- (5) The board shall appoint a person to serve as the 6216
9206-state's delegate on the Physical Therapy Compact Commission, as 6217
9207-required under s. 486.112. 6218
9208- Section 64. Section 486.125, Florida Statutes, is amended 6219
9209-to read: 6220
9210- 486.125 Refusal, revocation, or suspension of license; 6221
9211-administrative fines and other disciplinary measures. — 6222
9212- (1) The following acts constitute grounds for denial of a 6223
9213-license or disciplinary action, as specified in s. 456.072(2) or 6224
9214-s. 486.112: 6225
9215-
9216-CS/CS/HB 1549 2024
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9218-
9219-
9220-CODING: Words stricken are deletions; words underlined are additions.
9221-hb1549-02-c2
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9223-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
9224-
9225-
9226-
9227- (a) Being unable to practice physical therapy with 6226
9228-reasonable skill and safety to patients by reason of illness or 6227
9229-use of alcohol, drugs, narcotics, chemicals, or any other type 6228
9230-of material or as a result of any mental or physical condition. 6229
9231- 1. In enforcing this paragraph, upon a finding of the 6230
9232-State Surgeon General or the State Surgeon General's designee 6231
9233-that probable cause exists to believe that the licensee is 6232
9234-unable to practice physical therapy due to the reasons stated in 6233
9235-this paragraph, the department shall have the authority to 6234
9236-compel a physical ther apist or physical therapist assistant to 6235
9237-submit to a mental or physical examination by a physician 6236
9238-designated by the department. If the licensee refuses to comply 6237
9239-with such order, the department's order directing such 6238
9240-examination may be enforced by filing a petition for enforcement 6239
9241-in the circuit court where the licensee resides or serves as a 6240
9242-physical therapy practitioner. The licensee against whom the 6241
9243-petition is filed may shall not be named or identified by 6242
9244-initials in any public court records or documents, and the 6243
9245-proceedings must shall be closed to the public. The department 6244
9246-shall be entitled to the summary procedure provided in s. 6245
9247-51.011. 6246
9248- 2. A physical therapist or physical therapist assistant 6247
9249-whose license is suspended or revoked pursuant to this 6248
9250-subsection shall, at reasonable intervals, be given an 6249
9251-opportunity to demonstrate that she or he can resume the 6250
9252-
9253-CS/CS/HB 1549 2024
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9255-
9256-
9257-CODING: Words stricken are deletions; words underlined are additions.
9258-hb1549-02-c2
9259-Page 251 of 272
9260-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
9261-
9262-
9263-
9264-competent practice of physical therapy with reasonable skill and 6251
9265-safety to patients. 6252
9266- 3. Neither the record of proceeding nor the orders entered 6253
9267-by the board in any proceeding under this subsection may be used 6254
9268-against a physical therapist or physical therapist assistant in 6255
9269-any other proceeding. 6256
9270- (b) Having committed frau d in the practice of physical 6257
9271-therapy or deceit in obtaining a license as a physical therapist 6258
9272-or as a physical therapist assistant. 6259
9273- (c) Being convicted or found guilty regardless of 6260
9274-adjudication, of a crime in any jurisdiction which directly 6261
9275-relates to the practice of physical therapy or to the ability to 6262
9276-practice physical therapy. The entry of any plea of nolo 6263
9277-contendere is shall be considered a conviction for purpose of 6264
9278-this chapter. 6265
9279- (d) Having treated or undertaken to treat human ailments 6266
9280-by means other than by physical therapy, as defined in this 6267
9281-chapter. 6268
9282- (e) Failing to maintain acceptable standards of physical 6269
9283-therapy practice as set forth by the board in rules adopted 6270
9284-pursuant to this chapter. 6271
9285- (f) Engaging directly or indirectly in the dividin g, 6272
9286-transferring, assigning, rebating, or refunding of fees received 6273
9287-for professional services, or having been found to profit by 6274
9288-means of a credit or other valuable consideration, such as an 6275
9289-
9290-CS/CS/HB 1549 2024
9291-
9292-
9293-
9294-CODING: Words stricken are deletions; words underlined are additions.
9295-hb1549-02-c2
9296-Page 252 of 272
9297-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
9298-
9299-
9300-
9301-unearned commission, discount, or gratuity, with any person 6276
9302-referring a patient or with any relative or business associate 6277
9303-of the referring person. Nothing in This chapter may not shall 6278
9304-be construed to prohibit the members of any regularly and 6279
9305-properly organized business entity which is comprised of 6280
9306-physical therapists and which is recognized under the laws of 6281
9307-this state from making any division of their total fees among 6282
9308-themselves as they determine necessary. 6283
9309- (g) Having a license revoked or suspended; having had 6284
9310-other disciplinary action taken against her or him; or h aving 6285
9311-had her or his application for a license refused, revoked, or 6286
9312-suspended by the licensing authority of another state, 6287
9313-territory, or country. 6288
9314- (h) Violating a lawful order of the board or department 6289
9315-previously entered in a disciplinary hearing. 6290
9316- (i) Making or filing a report or record which the licensee 6291
9317-knows to be false. Such reports or records shall include only 6292
9318-those which are signed in the capacity of a physical therapist. 6293
9319- (j) Practicing or offering to practice beyond the scope 6294
9320-permitted by law or accepting and performing professional 6295
9321-responsibilities which the licensee knows or has reason to know 6296
9322-that she or he is not competent to perform, including, but not 6297
9323-limited to, specific spinal manipulation. 6298
9324- (k) Violating any provision of this chapter or chapter 6299
9325-456, or any rules adopted pursuant thereto. 6300
9326-
9327-CS/CS/HB 1549 2024
9328-
9329-
9330-
9331-CODING: Words stricken are deletions; words underlined are additions.
9332-hb1549-02-c2
9333-Page 253 of 272
9334-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
9335-
9336-
9337-
9338- (2)(a) The board may enter an order denying licensure or 6301
9339-imposing any of the penalties in s. 456.072(2) against any 6302
9340-applicant for licensure or licensee who is found guilty of 6303
9341-violating any provision of subsection (1) of this section or who 6304
9342-is found guilty of violating any provision of s. 456.072(1). 6305
9343- (b) The board may take adverse action against a physical 6306
9344-therapist's or a physical therapist assistant's compact 6307
9345-privilege under the Physical Therapy Li censure Compact pursuant 6308
9346-to s. 486.112, and may impose any of the penalties in s. 6309
9347-456.072(2), if a physical therapist or physical therapist 6310
9348-assistant commits an act specified in subsection (1) or s. 6311
9349-456.072(1). 6312
9350- (3) The board may shall not reinstate the license of a 6313
9351-physical therapist or physical therapist assistant or approve 6314
9352-cause a license to be issued to a person it has deemed 6315
9353-unqualified until such time as it is satisfied that she or he 6316
9354-has complied with all the terms and conditions set forth in the 6317
9355-final order and that such person is capable of safely engaging 6318
9356-in the practice of physical therapy. 6319
9357- Section 65. Paragraph (e) of subsection (3) of section 6320
9358-766.1115, Florida Statutes, is amended to read: 6321
9359- 766.1115 Health care providers; creation of agency 6322
9360-relationship with governmental contractors. — 6323
9361- (3) DEFINITIONS.—As used in this section, the term: 6324
9362- (e) "Low-income" means: 6325
9363-
9364-CS/CS/HB 1549 2024
9365-
9366-
9367-
9368-CODING: Words stricken are deletions; words underlined are additions.
9369-hb1549-02-c2
9370-Page 254 of 272
9371-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
9372-
9373-
9374-
9375- 1. A person who is Medicaid -eligible under Florida law; 6326
9376- 2. A person who is without health insurance and whose 6327
9377-family income does not exceed 300 200 percent of the federal 6328
9378-poverty level as defined annually by the federal Office of 6329
9379-Management and Budget; or 6330
9380- 3. Any client of the department who voluntarily chooses to 6331
9381-participate in a program offered or approved by the departm ent 6332
9382-and meets the program eligibility guidelines of the department. 6333
9383- Section 66. Paragraphs (j), (k), and (l) are added to 6334
9384-subsection (10) of section 768.28, Florida Statutes, to read: 6335
9385- 768.28 Waiver of sovereign immunity in tort actions; 6336
9386-recovery limits; civil liability for damages caused during a 6337
9387-riot; limitation on attorney fees; statute of limitations; 6338
9388-exclusions; indemnification; risk management programs. — 6339
9389- (10) 6340
9390- (j) For purposes of this section, the representatives 6341
9391-appointed from the Board of M edicine and the Board of 6342
9392-Osteopathic Medicine, when serving as commissioners of the 6343
9393-Interstate Medical Licensure Compact Commission pursuant to s. 6344
9394-456.4501, and any administrator, officer, executive director, 6345
9395-employee, or representative of the Interstate M edical Licensure 6346
9396-Compact Commission, when acting within the scope of their 6347
9397-employment, duties, or responsibilities in this state, are 6348
9398-considered agents of the state. The commission shall pay any 6349
9399-claims or judgments pursuant to this section and may maintain 6350
9400-
9401-CS/CS/HB 1549 2024
9402-
9403-
9404-
9405-CODING: Words stricken are deletions; words underlined are additions.
9406-hb1549-02-c2
9407-Page 255 of 272
9408-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
9409-
9410-
9411-
9412-insurance coverage to pay any such claims or judgments. 6351
9413- (k) For purposes of this section, the individuals 6352
9414-appointed under s. 468.1135(4) as the state's delegates on the 6353
9415-Audiology and Speech -Language Pathology Interstate Compact 6354
9416-Commission, when serving in that capacity under s. 468.1335, and 6355
9417-any administrator, officer, executive director, employee, or 6356
9418-representative of the commission, when acting within the scope 6357
9419-of his or her employment, duties, or responsibilities in the 6358
9420-state, is considered an agent o f the state. The commission shall 6359
9421-pay any claims or judgments under this section and may maintain 6360
9422-insurance coverage to pay any such claims or judgments. 6361
9423- (l) For purposes of this section, the individual appointed 6362
9424-under s. 486.023(5) as the state's delega te on the Physical 6363
9425-Therapy Compact Commission, when serving in that capacity under 6364
9426-s. 486.112, and any administrator, officer, executive director, 6365
9427-employee, or representative of the Physical Therapy Compact 6366
9428-Commission, when acting within the scope of his o r her 6367
9429-employment, duties, or responsibilities in this state, is 6368
9430-considered an agent of the state. The commission shall pay any 6369
9431-claims or judgments pursuant to this section and may maintain 6370
9432-insurance coverage to pay any such claims or judgments. 6371
9433- Section 67. Paragraph (f) is added to subsection (3) of 6372
9434-section 1002.32, Florida Statutes, to read: 6373
9435- 1002.32 Developmental research (laboratory) schools. — 6374
9436- (3) MISSION.—The mission of a lab school shall be the 6375
9437-
9438-CS/CS/HB 1549 2024
9439-
9440-
9441-
9442-CODING: Words stricken are deletions; words underlined are additions.
9443-hb1549-02-c2
9444-Page 256 of 272
9445-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
9446-
9447-
9448-
9449-provision of a vehicle for the conduct of research, 6376
9450-demonstration, and evaluation regarding management, teaching, 6377
9451-and learning. Programs to achieve the mission of a lab school 6378
9452-shall embody the goals and standards established pursuant to ss. 6379
9453-1000.03(5) and 1001.23(1) and shall ensure an appropriate 6380
9454-education for its students. 6381
9455- (f) Each lab school shall develop programs that accelerate 6382
9456-the entry of students into articulated health care programs at 6383
9457-its affiliated university or at any public or private 6384
9458-postsecondary institution, with the approval of the univer sity 6385
9459-president. Each lab school shall offer technical assistance to 6386
9460-any school district seeking to replicate the lab school′s 6387
9461-programs and must annually report to the President of the Senate 6388
9462-and the Speaker of the House of Representatives on the 6389
9463-development and results of such programs, when available. 6390
9464- Section 68. Paragraph (c) is added to subsection (6) of 6391
9465-section 1004.015, Florida Statutes, to read: 6392
9466- 1004.015 Florida Talent Development Council. — 6393
9467- (6) The council shall coordinate, facilitate, and 6394
9468-communicate statewide efforts to meet supply and demand needs 6395
9469-for the state's health care workforce. Annually, by December 1, 6396
9470-the council shall report on the implementation of this 6397
9471-subsection and any other relevant information on the Florida 6398
9472-Talent Development Council's web page located on the Department 6399
9473-of Economic Opportunity's website. To support the efforts of the 6400
9474-
9475-CS/CS/HB 1549 2024
9476-
9477-
9478-
9479-CODING: Words stricken are deletions; words underlined are additions.
9480-hb1549-02-c2
9481-Page 257 of 272
9482-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
9483-
9484-
9485-
9486-council, the Board of Governors and the State Board of Education 6401
9487-shall: 6402
9488- (c) Require the Commission for Independent Education and 6403
9489-the Independent Colleges and Universities of Florida to annually 6404
9490-report, for each medical school graduate, by institution and 6405
9491-program, the graduates' accepted postgraduation residency 6406
9492-programs, including location and specialty. For graduates who 6407
9493-accepted a residency pr ogram in this state, reported data shall 6408
9494-identify the accredited program and sponsoring institution of 6409
9495-the residency program. 6410
9496- Section 69. Paragraph (b) of subsection (3) and paragraph 6411
9497-(b) of subsection (9) of section 1009.8962, Florida Statutes, 6412
9498-are amended to read: 6413
9499- 1009.8962 Linking Industry to Nursing Education (LINE) 6414
9500-Fund.— 6415
9501- (3) As used in this section, the term: 6416
9502- (b) "Institution" means a school district career center 6417
9503-under s. 1001.44;, a charter technical career center under s. 6418
9504-1002.34;, a Florida College System institution ;, a state 6419
9505-university;, or an independent nonprofit college or university 6420
9506-located and chartered in this state and accredited by an agency 6421
9507-or association that is recognized by the database created and 6422
9508-maintained by the United S tates Department of Education to grant 6423
9509-baccalaureate degrees ; or an independent school, college, or 6424
9510-university with an accredited nursing education program as 6425
9511-
9512-CS/CS/HB 1549 2024
9513-
9514-
9515-
9516-CODING: Words stricken are deletions; words underlined are additions.
9517-hb1549-02-c2
9518-Page 258 of 272
9519-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
9520-
9521-
9522-
9523-defined in s. 464.003 which is located in and chartered by the 6426
9524-state and is licensed by the Commi ssion for Independent 6427
9525-Education pursuant to s. 1005.31 , which has a nursing education 6428
9526-program that meets or exceeds the following: 6429
9527- 1. For a certified nursing assistant program, a completion 6430
9528-rate of at least 70 percent for the prior year. 6431
9529- 2. For a licensed practical nurse, associate of science in 6432
9530-nursing, and bachelor of science in nursing program, a first -6433
9531-time passage rate on the National Council of State Boards of 6434
9532-Nursing Licensing Examination of at least 75 70 percent for the 6435
9533-prior year based on at least 10 testing participants . 6436
9534- (9) 6437
9535- (b) Annually, by February 1, each institution awarded 6438
9536-grant funds in the previous fiscal year shall submit a report to 6439
9537-the Board of Governors and the or Department of Education shall 6440
9538-submit to the Governor, President of the Senate, and Speaker of 6441
9539-the House of Representatives a report , as applicable, that 6442
9540-demonstrates the expansion as outlined in each the proposal and 6443
9541-the use of funds. At minimum, the report must include, by 6444
9542-program level, the number of additional nursing education 6445
9543-students enrolled; if scholarships were awarded using grant 6446
9544-funds, the number of students who received scholarships and the 6447
9545-average award amount; and the outcomes of students as reported 6448
9546-by the Florida Talent Development Council pursuant to s. 6449
9547-1004.015(6). 6450
9548-
9549-CS/CS/HB 1549 2024
9550-
9551-
9552-
9553-CODING: Words stricken are deletions; words underlined are additions.
9554-hb1549-02-c2
9555-Page 259 of 272
9556-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
9557-
9558-
9559-
9560- Section 70. Section 486.025, Florida Statutes, is amended 6451
9561-to read: 6452
9562- 486.025 Powers and duties of the Board of Physical Therapy 6453
9563-Practice.—The board may administer oaths, summon witnesses, take 6454
9564-testimony in all matters relating to its duties under this 6455
9565-chapter, establish or modify minimum standards of practice of 6456
9566-physical therapy as defined in s. 486.021, including, but not 6457
9567-limited to, standards of practice for the performance of dry 6458
9568-needling by physical therapists, and adopt rules pursuant to ss. 6459
9569-120.536(1) and 120.54 to implement this chapter. The board may 6460
9570-also review the standing and reputability of any school or 6461
9571-college offering courses in physical therapy and whether the 6462
9572-courses of such school or college in physical therapy meet the 6463
9573-standards established by the appropriate accrediting agency 6464
9574-referred to in s. 486.031(1)(c) s. 486.031(3)(a). In determining 6465
9575-the standing and reputability of any such school and whether the 6466
9576-school and courses meet such standards, the board may 6467
9577-investigate and personally inspect the school and courses. 6468
9578- Section 71. Paragraph (b) of subsection (1) of section 6469
9579-486.0715, Florida Statutes, is amended to read: 6470
9580- 486.0715 Physical therapist; issuance of temporary 6471
9581-permit.— 6472
9582- (1) The board shall issue a temporary physical therapist 6473
9583-permit to an applicant who meets the following requirements: 6474
9584- (b) Is a graduate of an approved United States physical 6475
9585-
9586-CS/CS/HB 1549 2024
9587-
9588-
9589-
9590-CODING: Words stricken are deletions; words underlined are additions.
9591-hb1549-02-c2
9592-Page 260 of 272
9593-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
9594-
9595-
9596-
9597-therapy educational program and meets all the eligibility 6476
9598-requirements for licensure under ch. 456, s. 486.031(1)(a), (b), 6477
9599-and (c)1. s. 486.031(1)-(3)(a), and related rules, except 6478
9600-passage of a national examination approved by the board is not 6479
9601-required. 6480
9602- Section 72. Paragraph (b) of subsection (1) of section 6481
9603-486.1065, Florida Statutes, is amended to read: 6482
9604- 486.1065 Physical therapist assistant; issuance of 6483
9605-temporary permit.— 6484
9606- (1) The board shall issue a temporary physical therapist 6485
9607-assistant permit to an applicant who meets the following 6486
9608-requirements: 6487
9609- (b) Is a graduate of an approved United States physical 6488
9610-therapy assistant educational program and meets all the 6489
9611-eligibility requirements for lice nsure under ch. 456, s. 6490
9612-486.102(1)(a), (b), and (c)1. s. 486.102(1)-(3)(a), and related 6491
9613-rules, except passage of a national examination approved by the 6492
9614-board is not required. 6493
9615- Section 73. Subsection (3) of section 395.602, Florida 6494
9616-Statutes, is amended t o read: 6495
9617- 395.602 Rural hospitals. — 6496
9618- (3) USE OF FUNDS.—It is the intent of the Legislature that 6497
9619-funds as appropriated shall be utilized by the department for 6498
9620-the purpose of increasing the number of primary care physicians, 6499
9621-physician assistants, certified nurse midwives, nurse 6500
9622-
9623-CS/CS/HB 1549 2024
9624-
9625-
9626-
9627-CODING: Words stricken are deletions; words underlined are additions.
9628-hb1549-02-c2
9629-Page 261 of 272
9630-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
9631-
9632-
9633-
9634-practitioners, and nurses in rural areas, either through the 6501
9635-Florida Reimbursement Assistance for Medical Education 6502
9636-Reimbursement and Loan Repayment Program established in s. 6503
9637-381.402 as defined by s. 1009.65 or through a federal loan 6504
9638-repayment program which requires state matching funds. The 6505
9639-department may use funds appropriated for the Florida 6506
9640-Reimbursement Assistance for Medical Education Reimbursement and 6507
9641-Loan Repayment Program as matching funds for federal loan 6508
9642-repayment programs f or health care personnel, such as that 6509
9643-authorized in Pub. L. No. 100 -177, s. 203. If the department 6510
9644-receives federal matching funds, the department shall only 6511
9645-implement the federal program. Reimbursement through either 6512
9646-program shall be limited to: 6513
9647- (a) Primary care physicians, physician assistants, 6514
9648-certified nurse midwives, nurse practitioners, and nurses 6515
9649-employed by or affiliated with rural hospitals, as defined in 6516
9650-this act; and 6517
9651- (b) Primary care physicians, physician assistants, 6518
9652-certified nurse midwives , nurse practitioners, and nurses 6519
9653-employed by or affiliated with rural area health education 6520
9654-centers, as defined in this section. These personnel shall 6521
9655-practice: 6522
9656- 1. In a county with a population density of no greater 6523
9657-than 100 persons per square mile; or 6524
9658- 2. Within the boundaries of a hospital tax district which 6525
9659-
9660-CS/CS/HB 1549 2024
9661-
9662-
9663-
9664-CODING: Words stricken are deletions; words underlined are additions.
9665-hb1549-02-c2
9666-Page 262 of 272
9667-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
9668-
9669-
9670-
9671-encompasses a population of no greater than 100 persons per 6526
9672-square mile. 6527
9673- 6528
9674-If the department administers a federal loan repayment program, 6529
9675-priority shall be given to obligating state and federal ma tching 6530
9676-funds pursuant to paragraphs (a) and (b). The department may use 6531
9677-federal matching funds in other health workforce shortage areas 6532
9678-and medically underserved areas in the state for loan repayment 6533
9679-programs for primary care physicians, physician assistan ts, 6534
9680-certified nurse midwives, nurse practitioners, and nurses who 6535
9681-are employed by publicly financed health care programs that 6536
9682-serve medically indigent persons. 6537
9683- Section 74. Subsection (1) of section 458.316, Florida 6538
9684-Statutes, is amended to read: 6539
9685- 458.316 Public health certificate. — 6540
9686- (1) Any person desiring to obtain a public health 6541
9687-certificate shall submit an application fee not to exceed $300 6542
9688-and shall demonstrate to the board that he or she is a graduate 6543
9689-of an accredited medical school and holds a ma ster of public 6544
9690-health degree or is board eligible or certified in public health 6545
9691-or preventive medicine, or is licensed to practice medicine 6546
9692-without restriction in another jurisdiction in the United States 6547
9693-and holds a master of public health degree or is bo ard eligible 6548
9694-or certified in public health or preventive medicine, and shall 6549
9695-meet the requirements in s. 458.311(1)(a) -(g) and (6) (5). 6550
9696-
9697-CS/CS/HB 1549 2024
9698-
9699-
9700-
9701-CODING: Words stricken are deletions; words underlined are additions.
9702-hb1549-02-c2
9703-Page 263 of 272
9704-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
9705-
9706-
9707-
9708- Section 75. Section 458.3165, Florida Statutes, is amended 6551
9709-to read: 6552
9710- 458.3165 Public psychiatry certificate. —The board shall 6553
9711-issue a public psychiatry certificate to an individual who 6554
9712-remits an application fee not to exceed $300, as set by the 6555
9713-board, who is a board -certified psychiatrist, who is licensed to 6556
9714-practice medicine without restriction in another state, and wh o 6557
9715-meets the requirements in s. 458.311(1)(a) -(g) and (6) (5). A 6558
9716-recipient of a public psychiatry certificate may use the 6559
9717-certificate to work at any public mental health facility or 6560
9718-program funded in part or entirely by state funds. 6561
9719- (1) Such certificate s hall: 6562
9720- (a) Authorize the holder to practice only in a public 6563
9721-mental health facility or program funded in part or entirely by 6564
9722-state funds. 6565
9723- (b) Be issued and renewable biennially if the State 6566
9724-Surgeon General and the chair of the department of psychiatry a t 6567
9725-one of the public medical schools or the chair of the department 6568
9726-of psychiatry at the accredited medical school at the University 6569
9727-of Miami recommend in writing that the certificate be issued or 6570
9728-renewed. 6571
9729- (c) Automatically expire if the holder's relation ship with 6572
9730-a public mental health facility or program expires. 6573
9731- (d) Not be issued to a person who has been adjudged 6574
9732-unqualified or guilty of any of the prohibited acts in this 6575
9733-
9734-CS/CS/HB 1549 2024
9735-
9736-
9737-
9738-CODING: Words stricken are deletions; words underlined are additions.
9739-hb1549-02-c2
9740-Page 264 of 272
9741-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
9742-
9743-
9744-
9745-chapter. 6576
9746- (2) The board may take disciplinary action against a 6577
9747-certificateholder for noncompliance with any part of this 6578
9748-section or for any reason for which a regular licensee may be 6579
9749-subject to discipline. 6580
9750- Section 76. Effective July 1, 2024, for the 2024 -2025 6581
9751-fiscal year, the sum of $30 million in recurring funds from the 6582
9752-General Revenue Fund is appropriated in the Grants and Aids – 6583
9753-Health Care Education Reimbursement and Loan Repayment Program 6584
9754-category to the Department of Health for the Florida 6585
9755-Reimbursement Assistance for Medical Education Program 6586
9756-established in s. 381.402, Florida Statutes. 6587
9757- Section 77. Effective July 1, 2024, for the 2024 -2025 6588
9758-fiscal year, the sum of $8 million in recurring funds from the 6589
9759-General Revenue Fund is appropriated in the Dental Student Loan 6590
9760-Repayment Program category to the Depart ment of Health for the 6591
9761-Dental Student Loan Repayment Program established in s. 6592
9762-381.4019, Florida Statutes. 6593
9763- Section 78. Effective July 1, 2024, for the 2024 -2025 6594
9764-fiscal year, the sum of $23,357,876 in recurring funds from the 6595
9765-General Revenue Fund is app ropriated in the Grants and Aids – 6596
9766-Minority Health Initiatives category to the Department of Health 6597
9767-to expand statewide the telehealth minority maternity care 6598
9768-program established in s. 383.2163, Florida Statutes. The 6599
9769-department shall establish 15 regions i n which to implement the 6600
9770-
9771-CS/CS/HB 1549 2024
9772-
9773-
9774-
9775-CODING: Words stricken are deletions; words underlined are additions.
9776-hb1549-02-c2
9777-Page 265 of 272
9778-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
9779-
9780-
9781-
9782-program statewide based on the location of hospitals providing 6601
9783-obstetrics and maternity care and pertinent data from nearby 6602
9784-counties for severe maternal morbidity and maternal mortality. 6603
9785-The department shall identify the criteria f or selecting 6604
9786-providers for regional implementation and, at a minimum, 6605
9787-consider the maternal level of care designations for hospitals 6606
9788-within the region, the neonatal intensive care unit levels of 6607
9789-hospitals within the region, and the experience of community -6608
9790-based organizations to screen for and treat common pregnancy -6609
9791-related complications. 6610
9792- Section 79. Effective July 1, 2024, for the 2024 -2025 6611
9793-fiscal year, the sum of $25 million in recurring funds from the 6612
9794-General Revenue Fund is appropriated to the Agency for Health 6613
9795-Care Administration to implement the Training, Education, and 6614
9796-Clinicals in Health (TEACH) Funding Program established in s. 6615
9797-409.91256, Florida Statutes, as created by this act. 6616
9798- Section 80. Effective July 1, 2024, for the 2024 -2025 6617
9799-fiscal year, the sum of $2 million in recurring funds from the 6618
9800-General Revenue Fund is appropriated to the University of 6619
9801-Florida, Florida State University, Florida Atlantic University, 6620
9802-and Florida Agricultural and Mechanical University for the 6621
9803-purpose of implementi ng lab school articulated health care 6622
9804-programs required by s. 1002.32, Florida Statutes. Each of these 6623
9805-state universities shall receive $500,000 from this 6624
9806-appropriation. 6625
9807-
9808-CS/CS/HB 1549 2024
9809-
9810-
9811-
9812-CODING: Words stricken are deletions; words underlined are additions.
9813-hb1549-02-c2
9814-Page 266 of 272
9815-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
9816-
9817-
9818-
9819- Section 81. Effective July 1, 2024, for the 2024 -2025 6626
9820-fiscal year, the sum of $5 m illion in recurring funds from the 6627
9821-General Revenue Fund is appropriated in the Aid to Local 6628
9822-Governments Grants and Aids – Nursing Education category to the 6629
9823-Department of Education for the purpose of implementing the 6630
9824-Linking Industry to Nursing Education (L INE) Fund established in 6631
9825-s. 1009.8962, Florida Statutes. 6632
9826- Section 82. Effective July 1, 2024, for the 2024 -2025 6633
9827-fiscal year, the sums of $21,315,000 in recurring funds from the 6634
9828-General Revenue Fund and $28,685,000 in recurring funds from the 6635
9829-Medical Care Trust Fund are appropriated in the Graduate Medical 6636
9830-Education category to the Agency for Health Care Administration 6637
9831-for the Slots for Doctors Program established in s. 409.909, 6638
9832-Florida Statutes. 6639
9833- Section 83. Effective July 1, 2024, for the 2024 -2025 6640
9834-fiscal year, the sums of $42,630,000 in recurring funds from the 6641
9835-Grants and Donations Trust Fund and $57,370,000 in recurring 6642
9836-funds from the Medical Care Trust Fund are appropriated in the 6643
9837-Graduate Medical Education category to the Agency for Health 6644
9838-Care Administration to provide to statutory teaching hospitals 6645
9839-as defined in s. 408.07(46), Florida Statutes, which provide 6646
9840-highly specialized tertiary care, including comprehensive stroke 6647
9841-and Level 2 adult cardiovascular services; NICU II and III; and 6648
9842-adult open heart; and which have more than 30 full -time 6649
9843-equivalent (FTE) residents over the Medicare cap in accordance 6650
9844-
9845-CS/CS/HB 1549 2024
9846-
9847-
9848-
9849-CODING: Words stricken are deletions; words underlined are additions.
9850-hb1549-02-c2
9851-Page 267 of 272
9852-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
9853-
9854-
9855-
9856-with the CMS-2552 provider 2021 fiscal year -end federal Centers 6651
9857-for Medicare and Medicaid Services Healthcare Cost Report, HCRIS 6652
9858-data extract on December 1, 2022, worksheet E -4, line 6 minus 6653
9859-worksheet E-4, line 5, shall be designated as a High Tertiary 6654
9860-Statutory Teaching Hospital and be eligible for funding 6655
9861-calculated on a per Graduate Medical Education resident -FTE 6656
9862-proportional allocation that shall be in addition to any other 6657
9863-Graduate Medical Education funding. Of these funds, $44,562,400 6658
9864-shall be first distributed to hospitals with greater than 500 6659
9865-unweighted fiscal year 2022 -2023 FTEs. The remaining funds shall 6660
9866-be distributed proportionally based on the total unweighted 6661
9867-fiscal year 2022-2023 FTEs. Payments to providers under this 6662
9868-section are contingent upon the nonfederal share being provided 6663
9869-through intergovernmental transfers in the Grants and Donations 6664
9870-Trust Fund. In the event the funds are not available in the 6665
9871-Grants and Donations Trust Fund, the State of Florida is not 6666
9872-obligated to make payments under this section. 6667
9873- Section 84. Effective July 1, 2024, for the 2024 -2025 6668
9874-fiscal year, the sums of $57,402,343 in recurring funds from the 6669
9875-General Revenue Fund and $77,250,115 in recurring funds from the 6670
9876-Medical Care Trust Fund are appropriated to the Agency for 6671
9877-Health Care Administration to establish a Pediatric Normal 6672
9878-Newborn, Pediatric Obstetrics, and Adult Obstetrics Diagnosis 6673
9879-Related Grouping (DRG) reimbursement methodology. The fiscal 6674
9880-year 2024-2025 General Appropriations Act shall establish the 6675
9881-
9882-CS/CS/HB 1549 2024
9883-
9884-
9885-
9886-CODING: Words stricken are deletions; words underlined are additions.
9887-hb1549-02-c2
9888-Page 268 of 272
9889-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
9890-
9891-
9892-
9893-DRG reimbursement methodology for hospital inpatient services as 6676
9894-directed in s. 409.905(5)(c), Florida Statutes. 6677
9895- Section 85. Effective October 1, 20 24, for the 2024-2025 6678
9896-fiscal year, the sums of $14,888,903 in recurring funds from the 6679
9897-General Revenue Fund and $20,036,979 in recurring funds from the 6680
9898-Medical Care Trust Fund are appropriated to the Agency for 6681
9899-Health Care Administration to provide a Medic aid reimbursement 6682
9900-rate increase for dental care services. The funding shall be 6683
9901-held in reserve. The agency shall develop a plan to increase 6684
9902-Medicaid reimbursement rates for preventive dental care services 6685
9903-by September 1, 2024. The agency may submit a budge t amendment 6686
9904-pursuant to chapter 216, Florida Statutes, requesting release of 6687
9905-the funding. The budget amendment must include the final plan to 6688
9906-increase Medicaid reimbursement rates for preventive dental care 6689
9907-services. Health plans that participate in the St atewide 6690
9908-Medicaid Managed Care program shall pass through the fee 6691
9909-increase to providers in this appropriation. 6692
9910- Section 86. Effective July 1, 2024, for the 2024 -2025 6693
9911-fiscal year, the sums of $83,456,275 in recurring funds from the 6694
9912-General Revenue Fund an d $112,312,609 in recurring funds from 6695
9913-the Operations and Maintenance Trust Fund are appropriated in 6696
9914-the Home and Community -Based Services Waiver category to the 6697
9915-Agency for Persons with Disabilities to provide a uniform 6698
9916-iBudget Waiver provider rate increas e. 6699
9917- Section 87. Effective July 1, 2024, for the 2024 -2025 6700
9918-
9919-CS/CS/HB 1549 2024
9920-
9921-
9922-
9923-CODING: Words stricken are deletions; words underlined are additions.
9924-hb1549-02-c2
9925-Page 269 of 272
9926-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
9927-
9928-
9929-
9930-fiscal year, the sum of $11,525,152 in recurring funds from the 6701
9931-General Revenue Fund is appropriated in the Grants and Aids – 6702
9932-Community Mental Health Services category to the Department of 6703
9933-Children and Families to enhance crisis diversion through mobile 6704
9934-response teams established under s. 394.495, Florida Statutes, 6705
9935-by expanding existing or establishing new mobile response teams 6706
9936-to increase access, reduce response times, and ensure coverage 6707
9937-in every county. 6708
9938- Section 88. Effective July 1, 2024, for the 2024 -2025 6709
9939-fiscal year, the sum of $10 million in recurring funds from the 6710
9940-General Revenue Fund is appropriated to the Department of Health 6711
9941-to implement the Health Care Screening and Services Grant 6712
9942-Program established in s. 381.9855, Florida Statutes, as created 6713
9943-by this act. 6714
9944- Section 89. Effective July 1, 2024, for the 2024 -2025 6715
9945-fiscal year, the sums of $150,000 in nonrecurring funds from the 6716
9946-General Revenue Fund and $150,000 in nonrecurring funds from the 6717
9947-Medical Care Trust Fund are appropriated to the Agency for 6718
9948-Health Care Administration to contract with a vendor to develop 6719
9949-a reimbursement methodology for covered services at advanced 6720
9950-birth centers. The agency shall submit the reimbursement 6721
9951-methodology and estimated fiscal impact to the Executive Office 6722
9952-of the Governor's Office of Policy and Budget, the chair of the 6723
9953-Senate Appropriations Committee, and the chair of the House 6724
9954-Appropriations Committee no later than December 31, 2024. 6725
9955-
9956-CS/CS/HB 1549 2024
9957-
9958-
9959-
9960-CODING: Words stricken are deletions; words underlined are additions.
9961-hb1549-02-c2
9962-Page 270 of 272
9963-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
9964-
9965-
9966-
9967- Section 90. Effective October 1, 2024, for the 2024 -2025 6726
9968-fiscal year, the sums of $12,365,771 in recurring funds from the 6727
9969-General Revenue Fund, $127,300 in recurring funds from the 6728
9970-Refugee Assistance Trust Fund, and $16,514,132 in recurring 6729
9971-funds from the Medical Care Trust Fund are appropriated to the 6730
9972-Agency for Health Care Administration to provide a Medicaid 6731
9973-reimbursement rate increase for private duty nursing services 6732
9974-provided by licensed practical nurses and registered nurses. 6733
9975-Health plans that participate in the Statewide Medicaid Managed 6734
9976-Care program shall pass through the fee increase to providers in 6735
9977-this appropriation. 6736
9978- Section 91. Effective October 1, 2024, for the 2024 -2025 6737
9979-fiscal year, the sums of $14,580,660 in recurring funds from the 6738
9980-General Revenue Fund and $19,622,154 in recurring funds from the 6739
9981-Medical Care Trust Fund are appropriated to the Agency for 6740
9982-Health Care Administration to provide a Medicaid reimbursement 6741
9983-rate increase for occupational therapy, physical therapy, and 6742
9984-speech therapy providers. Health plans that participate in the 6743
9985-Statewide Medicaid Managed Care program shall pass through the 6744
9986-fee increase to providers in this appropriation. 6745
9987- Section 92. Effective October 1, 2024, for the 2024 -2025 6746
9988-fiscal year, the sums of $5,522,795 in recurring funds from the 6747
9989-General Revenue Fund and $7,432,390 in recurring funds from the 6748
9990-Medical Care Trust Fund are appropriated to the Agency for 6749
9991-Health Care Administrati on to provide a Medicaid reimbursement 6750
9992-
9993-CS/CS/HB 1549 2024
9994-
9995-
9996-
9997-CODING: Words stricken are deletions; words underlined are additions.
9998-hb1549-02-c2
9999-Page 271 of 272
10000-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
10001-
10002-
10003-
10004-rate increase for Current Procedural Terminology codes 97153 and 6751
10005-97155 related to behavioral analysis services. Health plans that 6752
10006-participate in the Statewide Medicaid Managed Care program shall 6753
10007-pass through the fee i ncrease to providers in this 6754
10008-appropriation. 6755
10009- Section 93. Effective July 1, 2024, for the 2024 -2025 6756
10010-fiscal year, the sums of $585,758 in recurring funds and 6757
10011-$1,673,421 in nonrecurring funds from the General Revenue Fund, 6758
10012-$928,001 in recurring funds and $ 54,513 in nonrecurring funds 6759
10013-from the Health Care Trust Fund, $100,000 in nonrecurring funds 6760
10014-from the Administrative Trust Fund, and $585,758 in recurring 6761
10015-funds and $1,573,421 in nonrecurring funds from the Medical Care 6762
10016-Trust Fund are appropriated to the A gency for Health Care 6763
10017-Administration, and 20 full -time equivalent positions with the 6764
10018-associated salary rate of 1,247,140 are authorized for the 6765
10019-purpose of implementing this act. 6766
10020- Section 94. Effective July 1, 2024, for the 2024 -2025 6767
10021-fiscal year, the sum s of $2,389,146 in recurring funds and 6768
10022-$1,190,611 in nonrecurring funds from the General Revenue Fund 6769
10023-and $1,041,578 in recurring funds and $287,633 in nonrecurring 6770
10024-funds from the Medical Quality Assurance Trust Fund are 6771
10025-appropriated to the Department of H ealth, and 25 full-time 6772
10026-equivalent positions with the associated salary rate of 6773
10027-1,739,740, are authorized for the purpose of implementing this 6774
10028-act. 6775
10029-
10030-CS/CS/HB 1549 2024
10031-
10032-
10033-
10034-CODING: Words stricken are deletions; words underlined are additions.
10035-hb1549-02-c2
10036-Page 272 of 272
10037-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
10038-
10039-
10040-
10041- Section 95. Except as otherwise expressly provided in this 6776
10042-act, this act shall take effect upon becoming a law. 6777
8563+must be identified in minutes. All minutes and documents of a 5778
8564+closed meeting must remain under seal, su bject to release by a 5779
8565+majority vote of the commission or order of a court of competent 5780
8566+jurisdiction. 5781
8567+ (5) Relating to the financing of the commission, the 5782
8568+commission: 5783
8569+ (a) Shall pay, or provide for the payment of, the 5784
8570+reasonable expenses of its establishment, organization, and 5785
8571+ongoing activities. 5786
8572+ (b) May accept any and all appropriate revenue sources, 5787
8573+donations, and grants of money, equipment, supplies, materials, 5788
8574+and services. 5789
8575+ (c) May levy on and collect an annual assessment from each 5790
8576+member state or impose fees on other parties to cover the cost 5791
8577+of the operations and activities of the commission and its 5792
8578+staff, which must be in a total amount sufficient to cover its 5793
8579+annual budget as approved each year for which revenue is not 5794
8580+provided by other sources. The aggregate annual assessment 5795
8581+amount shall be allocated based upon a formula to be determined 5796
8582+by the commission, which shall promulgate a rule binding upon 5797
8583+all member states. 5798
8584+ (d) May not incur obligations of any kind before securing 5799
8585+the funds adequate to meet the same and may not pledge the 5800
8586+
8587+CS/HB 1549 2024
8588+
8589+
8590+
8591+CODING: Words stricken are deletions; words underlined are additions.
8592+hb1549-01-c1
8593+Page 233 of 316
8594+FL 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
8595+
8596+
8597+
8598+credit of any of the member states, except by and with the 5801
8599+authority of the member state. 5802
8600+ (e) Shall keep accurate accounts of all receipts and 5803
8601+disbursements of funds. The receipts and disbursements of fu nds 5804
8602+of the commission are subject to the audit and accounting 5805
8603+procedures established under its bylaws. However, all receipts 5806
8604+and disbursements of funds handled by the commission must be 5807
8605+audited yearly by a certified or licensed public accountant, and 5808
8606+the report of the audit must be included in and become part of 5809
8607+the annual report of the commission. 5810
8608+ (6) Relating to qualified immunity, defense, and 5811
8609+indemnification: 5812
8610+ (a) The members, officers, executive director, employees, 5813
8611+and representatives of the commis sion are immune from suit and 5814
8612+liability, either personally or in their official capacity, for 5815
8613+any claim for damage to or loss of property or personal injury 5816
8614+or other civil liability caused by or arising out of any actual 5817
8615+or alleged act, error, or omission that occurred, or that the 5818
8616+person against whom the claim is made had a reasonable basis for 5819
8617+believing occurred within the scope of commission employment, 5820
8618+duties, or responsibilities; provided that this paragraph does 5821
8619+not protect any person from suit or lia bility for any damage, 5822
8620+loss, injury, or liability caused by the intentional or willful 5823
8621+or wanton misconduct of that person. 5824
8622+ (b) The commission shall defend any member, officer, 5825
8623+
8624+CS/HB 1549 2024
8625+
8626+
8627+
8628+CODING: Words stricken are deletions; words underlined are additions.
8629+hb1549-01-c1
8630+Page 234 of 316
8631+FL 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
8632+
8633+
8634+
8635+executive director, employee, or representative of the 5826
8636+commission in any civi l action seeking to impose liability 5827
8637+arising out of any actual or alleged act, error, or omission 5828
8638+that occurred within the scope of commission employment, duties, 5829
8639+or responsibilities, or that the person against whom the claim 5830
8640+is made had a reasonable basis for believing occurred within the 5831
8641+scope of commission employment, duties, or responsibilities; 5832
8642+provided that this paragraph may not be construed to prohibit 5833
8643+that person from retaining his or her own counsel; and provided 5834
8644+further that the actual or alleged act, error, or omission did 5835
8645+not result from that person's intentional or willful or wanton 5836
8646+misconduct. 5837
8647+ (c) The commission shall indemnify and hold harmless any 5838
8648+member, officer, executive director, employee, or representative 5839
8649+of the commission for the am ount of any settlement or judgment 5840
8650+obtained against that person arising out of any actual or 5841
8651+alleged act, error, or omission that occurred within the scope 5842
8652+of commission employment, duties, or responsibilities, or that 5843
8653+the person had a reasonable basis for believing occurred within 5844
8654+the scope of commission employment, duties, or responsibilities, 5845
8655+provided that the actual or alleged act, error, or omission did 5846
8656+not result from the intentional or willful or wanton misconduct 5847
8657+of that person. 5848
8658+ 5849
8659+ARTICLE IX 5850
8660+
8661+CS/HB 1549 2024
8662+
8663+
8664+
8665+CODING: Words stricken are deletions; words underlined are additions.
8666+hb1549-01-c1
8667+Page 235 of 316
8668+FL 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
8669+
8670+
8671+
8672+DATA SYSTEM 5851
8673+ 5852
8674+ (1) The commission shall provide for the development, 5853
8675+maintenance, and use of a coordinated database and reporting 5854
8676+system containing licensure, adverse action, and current 5855
8677+significant investigative information on all licensed 5856
8678+individuals in member states. 5857
8679+ (2) Notwithstanding any other law to the contrary, a 5858
8680+member state shall submit a uniform data set to the data system 5859
8681+on all individuals to whom the compact is applicable as required 5860
8682+by the rules of the commission, including all of the following 5861
8683+information: 5862
8684+ (a) Identifying information. 5863
8685+ (b) Licensure data. 5864
8686+ (c) Adverse actions against a license or compact 5865
8687+privilege. 5866
8688+ (d) Nonconfidential information related to alternative 5867
8689+program participation. 5868
8690+ (e) Any denial of application for licensure, an d the 5869
8691+reason for such denial. 5870
8692+ (f) Other information that may facilitate the 5871
8693+administration of the compact, as determined by the rules of the 5872
8694+commission. 5873
8695+ (3) Current significant investigative information 5874
8696+pertaining to a licensee in a member state must b e available 5875
8697+
8698+CS/HB 1549 2024
8699+
8700+
8701+
8702+CODING: Words stricken are deletions; words underlined are additions.
8703+hb1549-01-c1
8704+Page 236 of 316
8705+FL 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
8706+
8707+
8708+
8709+only to other member states. 5876
8710+ (4) The commission shall promptly notify all member states 5877
8711+of any adverse action taken against a licensee or an individual 5878
8712+applying for a license. Adverse action information pertaining to 5879
8713+a licensee or an individu al applying for a license in any member 5880
8714+state must be available to any other member state. 5881
8715+ (5) Member states contributing information to the data 5882
8716+system may designate information that may not be shared with the 5883
8717+public without the express permission of th e contributing state. 5884
8718+ (6) Any information submitted to the data system that is 5885
8719+subsequently required to be expunged by the laws of the member 5886
8720+state contributing the information must be removed from the data 5887
8721+system. 5888
8722+ 5889
8723+ARTICLE X 5890
8724+RULEMAKING 5891
8725+ 5892
8726+ (1) The commission shall exercise its rulemaking powers 5893
8727+pursuant to the criteria provided in this article and the rules 5894
8728+adopted thereunder. Rules and amendments become binding as of 5895
8729+the date specified in each rule or amendment. 5896
8730+ (2) If a majority of the legislatu res of the member states 5897
8731+rejects a rule, by enactment of a statute or resolution in the 5898
8732+same manner used to adopt the compact within 4 years after the 5899
8733+date of adoption of the rule, the rule has no further force and 5900
8734+
8735+CS/HB 1549 2024
8736+
8737+
8738+
8739+CODING: Words stricken are deletions; words underlined are additions.
8740+hb1549-01-c1
8741+Page 237 of 316
8742+FL 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
8743+
8744+
8745+
8746+effect in any member state. 5901
8747+ (3) Rules or amendments to the rules must be adopted at a 5902
8748+regular or special meeting of the commission. 5903
8749+ (4) Before adoption of a final rule or rules by the 5904
8750+commission, and at least 30 days before the meeting at which the 5905
8751+rule shall be considered and voted upon, the commission shall 5906
8752+file a notice of proposed rulemaking: 5907
8753+ (a) On the website of the commission or other publicly 5908
8754+accessible platform; and 5909
8755+ (b) On the website of each member state audiology 5910
8756+licensing board and speech -language pathology licensing board or 5911
8757+other publicly accessible platform or the publication where each 5912
8758+state would otherwise publish proposed rules. 5913
8759+ (5) The notice of proposed rulemaking must include all of 5914
8760+the following: 5915
8761+ (a) The proposed time, date, and location of the meeting 5916
8762+in which the rule will be considered and voted upon. 5917
8763+ (b) The text of and reason for the proposed rule or 5918
8764+amendment. 5919
8765+ (c) A request for comments on the proposed rule from any 5920
8766+interested person. 5921
8767+ (d) The manner in which interested persons may submit 5922
8768+notice to the commission of their intention to attend the public 5923
8769+hearing and any written comments. 5924
8770+ (6) Before the adoption of a proposed rule, the commission 5925
8771+
8772+CS/HB 1549 2024
8773+
8774+
8775+
8776+CODING: Words stricken are deletions; words underlined are additions.
8777+hb1549-01-c1
8778+Page 238 of 316
8779+FL 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
8780+
8781+
8782+
8783+shall allow persons to submit written data, facts, opinions, and 5926
8784+arguments, which shall be made available to the public. 5927
8785+ (a) The commission shall grant an opportunity for a public 5928
8786+hearing before it adopts a rule or amendment if a hearing is 5929
8787+requested by: 5930
8788+ 1. At least 25 persons; 5931
8789+ 2. A state or federal governmental subdivision or agency; 5932
8790+or 5933
8791+ 3. An association ha ving at least 25 members. 5934
8792+ (b) If a hearing is held on the proposed rule or 5935
8793+amendment, the commission must publish the place, time, and date 5936
8794+of the scheduled public hearing. If the hearing is held via 5937
8795+electronic means, the commission must publish the mech anism for 5938
8796+access to the electronic hearing. 5939
8797+ (c) All persons wishing to be heard at the hearing shall 5940
8798+notify the executive director of the commission or other 5941
8799+designated member in writing of their desire to appear and 5942
8800+testify at the hearing not less than 5 business days before the 5943
8801+scheduled date of the hearing. 5944
8802+ (d) Hearings must be conducted in a manner providing each 5945
8803+person who wishes to comment a fair and reasonable opportunity 5946
8804+to comment orally or in writing. 5947
8805+ (e) All hearings must be recorded. A cop y of the recording 5948
8806+must be made available on request. 5949
8807+ (7) This article does not require a separate hearing on 5950
8808+
8809+CS/HB 1549 2024
8810+
8811+
8812+
8813+CODING: Words stricken are deletions; words underlined are additions.
8814+hb1549-01-c1
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8816+FL 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
8817+
8818+
8819+
8820+each rule. Rules may be grouped for the convenience of the 5951
8821+commission at hearings required by this article. 5952
8822+ (8) Following the scheduled hearin g date, or by the close 5953
8823+of business on the scheduled hearing date if the hearing was not 5954
8824+held, the commission shall consider all written and oral 5955
8825+comments received. 5956
8826+ (9) If no written notice of intent to attend the public 5957
8827+hearing by interested parties is received, the commission may 5958
8828+proceed with adoption of the proposed rule without a public 5959
8829+hearing. 5960
8830+ (10) The commission shall, by majority vote of all 5961
8831+members, take final action on the proposed rule and shall 5962
8832+determine the effective date of the rule, if an y, based on the 5963
8833+rulemaking record and the full text of the rule. 5964
8834+ (11) Upon determination that an emergency exists, the 5965
8835+commission may consider and adopt an emergency rule without 5966
8836+prior notice, opportunity for comment, or hearing, provided that 5967
8837+the usual rulemaking procedures provided in the compact and in 5968
8838+this article retroactively apply to the rule as soon as 5969
8839+reasonably possible, but in no event later than 90 days after 5970
8840+the effective date of the rule. For purposes of this subsection, 5971
8841+an emergency rule is one that must be adopted immediately in 5972
8842+order to: 5973
8843+ (a) Meet an imminent threat to public health, safety, or 5974
8844+welfare; 5975
8845+
8846+CS/HB 1549 2024
8847+
8848+
8849+
8850+CODING: Words stricken are deletions; words underlined are additions.
8851+hb1549-01-c1
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8853+FL 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
8854+
8855+
8856+
8857+ (b) Prevent a loss of commission or member state funds; or 5976
8858+ (c) Meet a deadline for the promulgation of an 5977
8859+administrative rule that is established by federal law or rule. 5978
8860+ (12) The commission or an authorized committee of the 5979
8861+commission may direct revisions to a previously adopted rule or 5980
8862+amendment for purposes of correcting typographical errors, 5981
8863+errors in format, errors in consistency, or grammatical errors. 5982
8864+Public notice of any revisions must be posted on the website of 5983
8865+the commission. The revisions are subject to challenge by any 5984
8866+person for a period of 30 days after posting. A revision may be 5985
8867+challenged only on grounds that it results in a material change 5986
8868+to a rule. A challenge must be made in writing and delivered to 5987
8869+the chair of the commission before the end of the notice period. 5988
8870+If no challenge is made, the revision takes effect without 5989
8871+further action. If the revision is challenged, the revision may 5990
8872+not take effect without the approval of the commission. 5991
8873+ 5992
8874+ARTICLE XI 5993
8875+DISPUTE RESOLUTION 5994
8876+AND ENFORCEMENT 5995
8877+ 5996
8878+ (1)(a) Upon request by a member state, the commission 5997
8879+shall attempt to resolve disputes related to the compact that 5998
8880+arise among member states and between member and nonmember 5999
8881+states. 6000
8882+
8883+CS/HB 1549 2024
8884+
8885+
8886+
8887+CODING: Words stricken are deletions; words underlined are additions.
8888+hb1549-01-c1
8889+Page 241 of 316
8890+FL 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
8891+
8892+
8893+
8894+ (b) The commission shall adopt a rule providing for both 6001
8895+mediation and binding dispute resolution for disputes as 6002
8896+appropriate. 6003
8897+ (2)(a) The commission, in the reasonable exercise of its 6004
8898+discretion, shall enforce the compact. 6005
8899+ (b) By majority vote, the commission may initiate legal 6006
8900+action in the United States District Court for the District of 6007
8901+Columbia or the federal district where the commission has its 6008
8902+principal offices against a member state in default to enforce 6009
8903+compliance with the compact and its adopted rules and bylaws. 6010
8904+The relief sought may include both injunctive relief and 6011
8905+damages. In the event judicial enforcement is necessary, the 6012
8906+prevailing member must be awarded all costs of litigation, 6013
8907+including reasonable attorney fees. 6014
8908+ (c) The remedies provided in this subsection are not the 6015
8909+exclusive remedies of the commission. The commission may pursue 6016
8910+any other remedies available under federal or state law. 6017
8911+ 6018
8912+ARTICLE XII 6019
8913+EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 6020
8914+ 6021
8915+ (1) The compact becomes effective and binding on the date 6022
8916+of legislative enactment of the compact by no fewer than 10 6023
8917+member states. The provisions, which become effective at that 6024
8918+time, shall be limited to the powers granted to the commission 6025
8919+
8920+CS/HB 1549 2024
8921+
8922+
8923+
8924+CODING: Words stricken are deletions; words underlined are additions.
8925+hb1549-01-c1
8926+Page 242 of 316
8927+FL 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
8928+
8929+
8930+
8931+relating to assembly and the adoption of rules. Thereafter, the 6026
8932+commission shall meet and exercise rulemaking powers necessary 6027
8933+to implement and administer the compact. 6028
8934+ (2) Any state that joins the compact subsequent to the 6029
8935+commission's initial adoption o f the rules is subject to the 6030
8936+rules as they exist on the date on which the compact becomes law 6031
8937+in that state. Any rule that has been previously adopted by the 6032
8938+commission has the full force and effect of law on the day the 6033
8939+compact becomes law in that state. 6034
8940+ (3) A member state may withdraw from the compact by 6035
8941+enacting a statute repealing the compact. 6036
8942+ (a) A member state's withdrawal does not take effect until 6037
8943+6 months after enactment of the repealing statute. 6038
8944+ (b) Withdrawal does not affect the continuing requirement 6039
8945+of the withdrawing state's audiology licensing board or speech -6040
8946+language pathology licensing board to comply with the 6041
8947+investigative and adverse action reporting requirements of the 6042
8948+compact before the effective date of withdrawal. 6043
8949+ (4) The compact does not invalidate or prevent any 6044
8950+audiology or speech-language pathology licensure agreement or 6045
8951+other cooperative arrangement between a member state and a 6046
8952+nonmember state that does not conflict with the provisions of 6047
8953+this compact. 6048
8954+ (5) The compact may be amended by the member states. An 6049
8955+amendment to the compact does not become effective and binding 6050
8956+
8957+CS/HB 1549 2024
8958+
8959+
8960+
8961+CODING: Words stricken are deletions; words underlined are additions.
8962+hb1549-01-c1
8963+Page 243 of 316
8964+FL 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
8965+
8966+
8967+
8968+upon any member state until it is enacted into the laws of all 6051
8969+member states. 6052
8970+ 6053
8971+ARTICLE XIII 6054
8972+CONSTRUCTION AND SEVERABILITY 6055
8973+ 6056
8974+ The compact must be liberally construed so as to effectuate 6057
8975+its purposes. The provisions of the compact are severable and if 6058
8976+any phrase, clause, sentence, or provision of this compact is 6059
8977+declared to be contrary to the constitution of any member state 6060
8978+or of the United States or the appl icability thereof to any 6061
8979+government, agency, person, or circumstance is held invalid, the 6062
8980+validity of the remainder of the compact and the applicability 6063
8981+thereof to any government, agency, person, or circumstance is 6064
8982+not affected. If the compact is held cont rary to the 6065
8983+constitution of any member state, the compact shall remain in 6066
8984+full force and effect as to the remaining member states and in 6067
8985+full force and effect as to the member state affected as to all 6068
8986+severable matters. 6069
8987+ 6070
8988+ARTICLE XIV 6071
8989+BINDING EFFECT OF COMPACT AND OTHER LAWS 6072
8990+ 6073
8991+ (1) The compact does not prevent the enforcement of any 6074
8992+other law of a member state that is not inconsistent with the 6075
8993+
8994+CS/HB 1549 2024
8995+
8996+
8997+
8998+CODING: Words stricken are deletions; words underlined are additions.
8999+hb1549-01-c1
9000+Page 244 of 316
9001+FL 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
9002+
9003+
9004+
9005+compact. 6076
9006+ (2) All laws of a member state in conflict with the 6077
9007+compact are superseded to the extent of the confl ict. 6078
9008+ (3) All lawful actions of the commission, including all 6079
9009+rules and bylaws adopted by the commission, are binding upon the 6080
9010+member states. 6081
9011+ (4) All agreements between the commission and the member 6082
9012+states are binding in accordance with their terms. 6083
9013+ (5) In the event any provision of the compact exceeds the 6084
9014+constitutional limits imposed on the legislature of any member 6085
9015+state, the provision is ineffective to the extent of the 6086
9016+conflict with the constitutional provision in question in that 6087
9017+member state. 6088
9018+ Section 73. The provisions of the Audiology and Speech -6089
9019+Language Pathology Interstate Compact do not authorize the 6090
9020+Department of Health or the Board of Speech -Language Pathology 6091
9021+and Audiology to collect a compact privilege fee, but rather 6092
9022+state that fees of this kind are allowable under the compact. 6093
9023+The Department of Health and the Board of Speech -Language 6094
9024+Pathology and Audiology must comply with the requirements of s. 6095
9025+456.025. 6096
9026+ Section 74. Section 486.028, Florida Statutes, is amended 6097
9027+to read: 6098
9028+ 486.028 License to practice physical therapy required. —A 6099
9029+No person may not shall practice, or hold herself or himself out 6100
9030+
9031+CS/HB 1549 2024
9032+
9033+
9034+
9035+CODING: Words stricken are deletions; words underlined are additions.
9036+hb1549-01-c1
9037+Page 245 of 316
9038+FL 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
9039+
9040+
9041+
9042+as being able to practice, physical therapy in this state unless 6101
9043+she or he is licensed under in accordance with the provisions of 6102
9044+this chapter or holds a compact privilege in this state under 6103
9045+the Physical Therapy Licensure Compact as specified in s. 6104
9046+486.112.; however, Nothing in This chapter does not shall 6105
9047+prohibit any person licensed in this state under any other law 6106
9048+from engaging in the prac tice for which she or he is licensed. 6107
9049+ Section 75. Section 486.031, Florida Statutes, is amended 6108
9050+to read: 6109
9051+ 486.031 Physical therapist; licensing requirements ; 6110
9052+exemption.— 6111
9053+ (1) To be eligible for licensing as a physical therapist, 6112
9054+an applicant must: 6113
9055+ (a)(1) Be at least 18 years old; 6114
9056+ (b)(2) Be of good moral character; and 6115
9057+ (c)1.(3)(a) Have been graduated from a school of physical 6116
9058+therapy which has been approved for the educational preparation 6117
9059+of physical therapists by the appropriate accrediting agen cy 6118
9060+recognized by the Council for Higher Education Accreditation or 6119
9061+its successor Commission on Recognition of Postsecondary 6120
9062+Accreditation or the United States Department of Education at 6121
9063+the time of her or his graduation and have passed, to the 6122
9064+satisfaction of the board, the American Registry Examination 6123
9065+before prior to 1971 or a national examination approved by the 6124
9066+board to determine her or his fitness for practice as a physical 6125
9067+
9068+CS/HB 1549 2024
9069+
9070+
9071+
9072+CODING: Words stricken are deletions; words underlined are additions.
9073+hb1549-01-c1
9074+Page 246 of 316
9075+FL 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
9076+
9077+
9078+
9079+therapist under this chapter as hereinafter provided ; 6126
9080+ 2.(b) Have received a diploma from a program in physical 6127
9081+therapy in a foreign country and have educational credentials 6128
9082+deemed equivalent to those required for the educational 6129
9083+preparation of physical therapists in this country, as 6130
9084+recognized by the appropriate agency as identifie d by the board, 6131
9085+and have passed to the satisfaction of the board an examination 6132
9086+to determine her or his fitness for practice as a physical 6133
9087+therapist under this chapter as hereinafter provided ; or 6134
9088+ 3.(c) Be entitled to licensure without examination as 6135
9089+provided in s. 486.081. 6136
9090+ (2) A person licensed as a physical therapist in another 6137
9091+state who is practicing under the Physical Therapy Licensure 6138
9092+Compact pursuant to s. 486.112, and only within the scope 6139
9093+provided therein, is exempt from the licensure requirement s of 6140
9094+this section. 6141
9095+ Section 76. Section 486.102, Florida Statutes, is amended 6142
9096+to read: 6143
9097+ 486.102 Physical therapist assistant; licensing 6144
9098+requirements; exemption.— 6145
9099+ (1) To be eligible for licensing by the board as a 6146
9100+physical therapist assistant, an appl icant must: 6147
9101+ (a)(1) Be at least 18 years old; 6148
9102+ (b)(2) Be of good moral character; and 6149
9103+ (c)1.(3)(a) Have been graduated from a school providing 6150
9104+
9105+CS/HB 1549 2024
9106+
9107+
9108+
9109+CODING: Words stricken are deletions; words underlined are additions.
9110+hb1549-01-c1
9111+Page 247 of 316
9112+FL 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
9113+
9114+
9115+
9116+giving a course of at least not less than 2 years for physical 6151
9117+therapist assistants, which has been approved for the 6152
9118+educational preparation of physical therapist assistants by the 6153
9119+appropriate accrediting agency recognized by the Council for 6154
9120+Higher Education Accreditation or its successor Commission on 6155
9121+Recognition of Postsecondary Accreditation or the United States 6156
9122+Department of Education, at the time of her or his graduation 6157
9123+and have passed to the satisfaction of the board an examination 6158
9124+to determine her or his fitness for practice as a physical 6159
9125+therapist assistant under this chapter as hereinafter provided ; 6160
9126+ 2.(b) Have been graduated from a school providing giving a 6161
9127+course for physical therapist assistants in a foreign country 6162
9128+and have educational credentials deemed equivalent to those 6163
9129+required for the educational preparation of physical therapist 6164
9130+assistants in this country, as recognized by the appropriate 6165
9131+agency as identified by the board, and passed to the 6166
9132+satisfaction of the board an examination to determine her or his 6167
9133+fitness for practice as a physical therapist assistant under 6168
9134+this chapter as hereinafter provided ; 6169
9135+ 3.(c) Be entitled to licensure without examination as 6170
9136+provided in s. 486.107; or 6171
9137+ 4.(d) Have been enrolled between July 1, 2014, and July 1, 6172
9138+2016, in a physical therapist assistant school in this state 6173
9139+which was accredited at the time of enrollment; and 6174
9140+ a.1. Have been graduated or be eligible to graduate from 6175
9141+
9142+CS/HB 1549 2024
9143+
9144+
9145+
9146+CODING: Words stricken are deletions; words underlined are additions.
9147+hb1549-01-c1
9148+Page 248 of 316
9149+FL 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
9150+
9151+
9152+
9153+such school no later than Jul y 1, 2018; and 6176
9154+ b.2. Have passed to the satisfaction of the board an 6177
9155+examination to determine his or her fitness for practice as a 6178
9156+physical therapist assistant as provided in s. 486.104. 6179
9157+ (2) A person licensed as a physical therapist assistant in 6180
9158+another state who is practicing under the Physical Therapy 6181
9159+Licensure Compact pursuant to s. 486.112, and only within the 6182
9160+scope provided therein, is exempt from the licensure 6183
9161+requirements of this section. 6184
9162+ Section 77. Section 486.107, Florida Statutes, is amend ed 6185
9163+to read: 6186
9164+ 486.107 Physical therapist assistant; endorsement issuance 6187
9165+of license without examination to person licensed in another 6188
9166+jurisdiction; fee.— 6189
9167+ (1) The board may cause a license by endorsement to be 6190
9168+issued through the department without examination to any 6191
9169+applicant who presents evidence to the board, under oath, of 6192
9170+meeting the requirements for licensure by endorsement in s. 6193
9171+456.0145 licensure in another state, the District of Columbia, 6194
9172+or a territory, if the standards for registering as a physic al 6195
9173+therapist assistant or licensing of a physical therapist 6196
9174+assistant, as the case may be, in such other state are 6197
9175+determined by the board to be as high as those of this state, as 6198
9176+established by rules adopted pursuant to this chapter . Any 6199
9177+person who holds a license pursuant to this section may use the 6200
9178+
9179+CS/HB 1549 2024
9180+
9181+
9182+
9183+CODING: Words stricken are deletions; words underlined are additions.
9184+hb1549-01-c1
9185+Page 249 of 316
9186+FL 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
9187+
9188+
9189+
9190+words "physical therapist assistant," or the letters "P.T.A.," 6201
9191+in connection with her or his name to denote licensure 6202
9192+hereunder. 6203
9193+ (2) At the time of filing an making application for 6204
9194+licensing by endorsement under without examination pursuant to 6205
9195+the terms of this section, the applicant shall pay to the 6206
9196+department a nonrefundable fee not to exceed $175 , as determined 6207
9197+fixed by the board, no part of which will be returned . 6208
9198+ (3) A person licensed as a physical the rapist assistant in 6209
9199+another state who is practicing under the Physical Therapy 6210
9200+Licensure Compact pursuant to s. 486.112, and only within the 6211
9201+scope provided therein, is exempt from the licensure 6212
9202+requirements of this section. 6213
9203+ Section 78. Section 490.006, Florida Statutes, is amended 6214
9204+to read: 6215
9205+ 490.006 Licensure by endorsement. — 6216
9206+ (1) The department shall license a person as a 6217
9207+psychologist or school psychologist who, upon applying to the 6218
9208+department and remitting the appropriate fee, demonstrates to 6219
9209+the department or, in the case of psychologists, to the board 6220
9210+that the applicant meets the requirements for licensure by 6221
9211+endorsement in s. 456.0145. : 6222
9212+ (a) Is a diplomate in good standing with the American 6223
9213+Board of Professional Psychology, Inc.; or 6224
9214+ (b) Possesses a doctoral degree in psychology and has at 6225
9215+
9216+CS/HB 1549 2024
9217+
9218+
9219+
9220+CODING: Words stricken are deletions; words underlined are additions.
9221+hb1549-01-c1
9222+Page 250 of 316
9223+FL 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
9224+
9225+
9226+
9227+least 10 years of experience as a licensed psychologist in any 6226
9228+jurisdiction or territory of the United States within the 25 6227
9229+years preceding the date of application. 6228
9230+ (2) In addition to meeting the requirements for licensure 6229
9231+set forth in subsection (1), an applicant must pass that portion 6230
9232+of the psychology or school psychology licensure examinations 6231
9233+pertaining to the laws and rules related to the practice of 6232
9234+psychology or school psychology in this st ate before the 6233
9235+department may issue a license to the applicant. 6234
9236+ (3) The department shall not issue a license by 6235
9237+endorsement to any applicant who is under investigation in this 6236
9238+or another jurisdiction for an act which would constitute a 6237
9239+violation of this chapter until such time as the investigation 6238
9240+is complete, at which time the provisions of s. 490.009 shall 6239
9241+apply. 6240
9242+ (2)(4) A person licensed as a psychologist in another 6241
9243+state who is practicing pursuant to the Psychology 6242
9244+Interjurisdictional Compact under s . 490.0075, and only within 6243
9245+the scope provided therein, is exempt from the licensure 6244
9246+requirements of this section. 6245
9247+ Section 79. Section 486.112, Florida Statutes, is created 6246
9248+to read: 6247
9249+ 486.112 Physical Therapy Licensure Compact. —The Physical 6248
9250+Therapy Licensure Compact is hereby enacted into law and entered 6249
9251+into by this state with all other jurisdictions legally joining 6250
9252+
9253+CS/HB 1549 2024
9254+
9255+
9256+
9257+CODING: Words stricken are deletions; words underlined are additions.
9258+hb1549-01-c1
9259+Page 251 of 316
9260+FL 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
9261+
9262+
9263+
9264+therein in the form substantially as follows: 6251
9265+ 6252
9266+ARTICLE I 6253
9267+PURPOSE AND OBJECTIVES 6254
9268+ 6255
9269+ (1) The purpose of the compact is to facilitate interst ate 6256
9270+practice of physical therapy with the goal of improving public 6257
9271+access to physical therapy services. The compact preserves the 6258
9272+regulatory authority of member states to protect public health 6259
9273+and safety through their current systems of state licensure. Fo r 6260
9274+purposes of state regulation under the compact, the practice of 6261
9275+physical therapy is deemed to have occurred in the state where 6262
9276+the patient is located at the time physical therapy is provided 6263
9277+to the patient. 6264
9278+ (2) The compact is designed to achieve all of the 6265
9279+following objectives: 6266
9280+ (a) Increase public access to physical therapy services by 6267
9281+providing for the mutual recognition of other member state 6268
9282+licenses. 6269
9283+ (b) Enhance the states' ability to protect the public's 6270
9284+health and safety. 6271
9285+ (c) Encourage the co operation of member states in 6272
9286+regulating multistate physical therapy practice. 6273
9287+ (d) Support spouses of relocating military members. 6274
9288+ (e) Enhance the exchange of licensure, investigative, and 6275
9289+
9290+CS/HB 1549 2024
9291+
9292+
9293+
9294+CODING: Words stricken are deletions; words underlined are additions.
9295+hb1549-01-c1
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9297+FL 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
9298+
9299+
9300+
9301+disciplinary information between member states. 6276
9302+ (f) Allow a remote state to hold a provider of services 6277
9303+with a compact privilege in that state accountable to that 6278
9304+state's practice standards. 6279
9305+ 6280
9306+ARTICLE II 6281
9307+DEFINITIONS 6282
9308+ 6283
9309+ As used in the compact, and except as otherwise provided, 6284
9310+the term: 6285
9311+ (1) "Active duty military" me ans full-time duty status in 6286
9312+the active uniformed service of the United States, including 6287
9313+members of the National Guard and Reserve on active duty orders 6288
9314+pursuant to 10 U.S.C. chapter 1209 or chapter 1211. 6289
9315+ (2) "Adverse action" means disciplinary action t aken by a 6290
9316+physical therapy licensing board based upon misconduct, 6291
9317+unacceptable performance, or a combination of both. 6292
9318+ (3) "Alternative program" means a nondisciplinary 6293
9319+monitoring or practice remediation process approved by a state's 6294
9320+physical therapy lice nsing board. The term includes, but is not 6295
9321+limited to, programs that address substance abuse issues. 6296
9322+ (4) "Compact privilege" means the authorization granted by 6297
9323+a remote state to allow a licensee from another member state to 6298
9324+practice as a physical therapi st or physical therapist assistant 6299
9325+in the remote state under its laws and rules. 6300
9326+
9327+CS/HB 1549 2024
9328+
9329+
9330+
9331+CODING: Words stricken are deletions; words underlined are additions.
9332+hb1549-01-c1
9333+Page 253 of 316
9334+FL 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
9335+
9336+
9337+
9338+ (5) "Continuing competence" means a requirement, as a 6301
9339+condition of license renewal, to provide evidence of 6302
9340+participation in, and completion of, educational and 6303
9341+professional activities relevant to the practice of physical 6304
9342+therapy. 6305
9343+ (6) "Data system" means the coordinated database and 6306
9344+reporting system created by the Physical Therapy Compact 6307
9345+Commission for the exchange of information between member states 6308
9346+relating to licensees or applicants under the compact, including 6309
9347+identifying information, licensure data, investigative 6310
9348+information, adverse actions, nonconfidential information 6311
9349+related to alternative program participation, any denials of 6312
9350+applications for licensure, and other i nformation as specified 6313
9351+by commission rule. 6314
9352+ (7) "Encumbered license" means a license that a physical 6315
9353+therapy licensing board has limited in any way. 6316
9354+ (8) "Executive board" means a group of directors elected 6317
9355+or appointed to act on behalf of, and within t he powers granted 6318
9356+to them by, the commission. 6319
9357+ (9) "Home state" means the member state that is the 6320
9358+licensee's primary state of residence. 6321
9359+ (10) "Investigative information" means information, 6322
9360+records, and documents received or generated by a physical 6323
9361+therapy licensing board pursuant to an investigation. 6324
9362+ (11) "Jurisprudence requirement" means the assessment of 6325
9363+
9364+CS/HB 1549 2024
9365+
9366+
9367+
9368+CODING: Words stricken are deletions; words underlined are additions.
9369+hb1549-01-c1
9370+Page 254 of 316
9371+FL 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
9372+
9373+
9374+
9375+an individual's knowledge of the laws and rules governing the 6326
9376+practice of physical therapy in a specific state. 6327
9377+ (12) "Licensee" means an individu al who currently holds an 6328
9378+authorization from a state to practice as a physical therapist 6329
9379+or physical therapist assistant. 6330
9380+ (13) "Member state" means a state that has enacted the 6331
9381+compact. 6332
9382+ (14) "Physical therapist" means an individual licensed by 6333
9383+a state to practice physical therapy. 6334
9384+ (15) "Physical therapist assistant" means an individual 6335
9385+licensed by a state to assist a physical therapist in specified 6336
9386+areas of physical therapy. 6337
9387+ (16) "Physical therapy" or "the practice of physical 6338
9388+therapy" means the car e and services provided by or under the 6339
9389+direction and supervision of a licensed physical therapist. 6340
9390+ (17) "Physical Therapy Compact Commission" or "commission" 6341
9391+means the national administrative body whose membership consists 6342
9392+of all states that have enacte d the compact. 6343
9393+ (18) "Physical therapy licensing board" means the agency 6344
9394+of a state which is responsible for the licensing and regulation 6345
9395+of physical therapists and physical therapist assistants. 6346
9396+ (19) "Remote state" means a member state other than the 6347
9397+home state where a licensee is exercising or seeking to exercise 6348
9398+the compact privilege. 6349
9399+ (20) "Rule" means a regulation, principle, or directive 6350
9400+
9401+CS/HB 1549 2024
9402+
9403+
9404+
9405+CODING: Words stricken are deletions; words underlined are additions.
9406+hb1549-01-c1
9407+Page 255 of 316
9408+FL 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
9409+
9410+
9411+
9412+adopted by the commission which has the force of law. 6351
9413+ (21) "State" means any state, commonwealth, district, or 6352
9414+territory of the United States of America which regulates the 6353
9415+practice of physical therapy. 6354
9416+ 6355
9417+ARTICLE III 6356
9418+STATE PARTICIPATION IN THE COMPACT 6357
9419+ 6358
9420+ (1) To participate in the compact, a state must do all of 6359
9421+the following: 6360
9422+ (a) Participate fully in the commission's data system, 6361
9423+including using the commission's unique identifier, as defined 6362
9424+by commission rule. 6363
9425+ (b) Have a mechanism in place for receiving and 6364
9426+investigating complaints about licensees. 6365
9427+ (c) Notify the commission, in accordance with the ter ms of 6366
9428+the compact and rules, of any adverse action or the availability 6367
9429+of investigative information regarding a licensee. 6368
9430+ (d) Fully implement a criminal background check 6369
9431+requirement, within a timeframe established by commission rule, 6370
9432+which uses results f rom the Federal Bureau of Investigation 6371
9433+record search on criminal background checks to make licensure 6372
9434+decisions in accordance with subsection (2). 6373
9435+ (e) Comply with the commission's rules. 6374
9436+ (f) Use a recognized national examination as a requirement 6375
9437+
9438+CS/HB 1549 2024
9439+
9440+
9441+
9442+CODING: Words stricken are deletions; words underlined are additions.
9443+hb1549-01-c1
9444+Page 256 of 316
9445+FL 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
9446+
9447+
9448+
9449+for licensure pursuant to the commission's rules. 6376
9450+ (g) Have continuing competence requirements as a condition 6377
9451+for license renewal. 6378
9452+ (2) Upon adoption of the compact, a member state has the 6379
9453+authority to obtain biometric -based information from each 6380
9454+licensee applying for a compact privilege and submit this 6381
9455+information to the Federal Bureau of Investigation for a 6382
9456+criminal background check in accordance with 28 U.S.C. s. 534 6383
9457+and 34 U.S.C. s. 40316. 6384
9458+ (3) A member state must grant the compact privilege to a 6385
9459+licensee holding a valid unencumbered license in another member 6386
9460+state in accordance with the terms of the compact and rules. 6387
9461+ (4) Member states may charge a fee for granting a compact 6388
9462+privilege. 6389
9463+ 6390
9464+ARTICLE IV 6391
9465+COMPACT PRIVILEGE 6392
9466+ 6393
9467+ (1) To exercise the compact privileg e under the compact, a 6394
9468+licensee must satisfy all of the following conditions: 6395
9469+ (a) Hold a license in the home state. 6396
9470+ (b) Not have an encumbrance on any state license. 6397
9471+ (c) Be eligible for a compact privilege in all member 6398
9472+states in accordance with subs ections (4), (7), and (8). 6399
9473+ (d) Not have had an adverse action against any license or 6400
9474+
9475+CS/HB 1549 2024
9476+
9477+
9478+
9479+CODING: Words stricken are deletions; words underlined are additions.
9480+hb1549-01-c1
9481+Page 257 of 316
9482+FL 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
9483+
9484+
9485+
9486+compact privilege within the preceding 2 years. 6401
9487+ (e) Notify the commission that the licensee is seeking the 6402
9488+compact privilege within a remote state. 6403
9489+ (f) Pay any applicable fees, including any state fee, for 6404
9490+the compact privilege. 6405
9491+ (g) Meet any jurisprudence requirements established by the 6406
9492+remote state in which the licensee is seeking a compact 6407
9493+privilege. 6408
9494+ (h) Report to the commission adverse action taken by any 6409
9495+nonmember state within 30 days after the date the adverse action 6410
9496+is taken. 6411
9497+ (2) The compact privilege is valid until the expiration 6412
9498+date of the home license. The licensee must continue to meet the 6413
9499+requirements of subsection (1) to maintain the compact pri vilege 6414
9500+in a remote state. 6415
9501+ (3) A licensee providing physical therapy in a remote 6416
9502+state under the compact privilege must comply with the laws and 6417
9503+rules of the remote state. 6418
9504+ (4) A licensee providing physical therapy in a remote 6419
9505+state is subject to that st ate's regulatory authority. A remote 6420
9506+state may, in accordance with due process and that state's laws, 6421
9507+remove a licensee's compact privilege in the remote state for a 6422
9508+specific period of time, impose fines, and take any other 6423
9509+necessary actions to protect the health and safety of its 6424
9510+citizens. The licensee is not eligible for a compact privilege 6425
9511+
9512+CS/HB 1549 2024
9513+
9514+
9515+
9516+CODING: Words stricken are deletions; words underlined are additions.
9517+hb1549-01-c1
9518+Page 258 of 316
9519+FL 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
9520+
9521+
9522+
9523+in any member state until the specific period of time for 6426
9524+removal has ended and all fines are paid. 6427
9525+ (5) If a home state license is encumbered, the licensee 6428
9526+loses the compact privilege in any remote state until the 6429
9527+following conditions are met: 6430
9528+ (a) The home state license is no longer encumbered. 6431
9529+ (b) Two years have elapsed from the date of the adverse 6432
9530+action. 6433
9531+ (6) Once an encumbered license in the home state is 6434
9532+restored to good standing, the licensee must meet the 6435
9533+requirements of subsection (1) to obtain a compact privilege in 6436
9534+any remote state. 6437
9535+ (7) If a licensee's compact privilege in any remote state 6438
9536+is removed, the licensee loses the compact privilege in all 6439
9537+remote states until all of the following conditions are met: 6440
9538+ (a) The specific period of time for which the compact 6441
9539+privilege was removed has ended. 6442
9540+ (b) All fines have been paid. 6443
9541+ (c) Two years have elapsed from the date of the adverse 6444
9542+action. 6445
9543+ (8) Once the requirements of subsection (7) have been met, 6446
9544+the licensee must meet the requirements of subsection (1) to 6447
9545+obtain a compact privilege in a remote state. 6448
9546+ 6449
9547+ARTICLE V 6450
9548+
9549+CS/HB 1549 2024
9550+
9551+
9552+
9553+CODING: Words stricken are deletions; words underlined are additions.
9554+hb1549-01-c1
9555+Page 259 of 316
9556+FL 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
9557+
9558+
9559+
9560+ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 6451
9561+ 6452
9562+ A licensee who is active duty militar y or is the spouse of 6453
9563+an individual who is active duty military may choose any of the 6454
9564+following locations to designate his or her home state: 6455
9565+ (1) Home of record. 6456
9566+ (2) Permanent change of station location. 6457
9567+ (3) State of current residence, if it is diffe rent from 6458
9568+the home of record or permanent change of station location. 6459
9569+ 6460
9570+ARTICLE VI 6461
9571+ADVERSE ACTIONS 6462
9572+ 6463
9573+ (1) A home state has exclusive power to impose adverse 6464
9574+action against a license issued by the home state. 6465
9575+ (2) A home state may take adverse action based on the 6466
9576+investigative information of a remote state, so long as the home 6467
9577+state follows its own procedures for imposing adverse action. 6468
9578+ (3) The compact does not override a member state's 6469
9579+decision that participation in an alternative program may be 6470
9580+used in lieu of adverse action and that such participation 6471
9581+remain nonpublic if required by the member state's laws. Member 6472
9582+states must require licensees who enter any alternative programs 6473
9583+in lieu of discipline to agree not to practice in any other 6474
9584+member state during the term of the alternative program without 6475
9585+
9586+CS/HB 1549 2024
9587+
9588+
9589+
9590+CODING: Words stricken are deletions; words underlined are additions.
9591+hb1549-01-c1
9592+Page 260 of 316
9593+FL 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
9594+
9595+
9596+
9597+prior authorization from such other member state. 6476
9598+ (4) A member state may investigate actual or alleged 6477
9599+violations of the laws and rules for the practice of physical 6478
9600+therapy committed in any other member state by a physical 6479
9601+therapist or physical therapist assistant practicing under the 6480
9602+compact who holds a license or compact privilege in such other 6481
9603+member state. 6482
9604+ (5) A remote state may do any of the following: 6483
9605+ (a) Take adverse actions as set forth in sub section (4) of 6484
9606+article IV against a licensee's compact privilege in the state. 6485
9607+ (b) Issue subpoenas for both hearings and investigations 6486
9608+which require the attendance and testimony of witnesses and the 6487
9609+production of evidence. Subpoenas issued by a physical therapy 6488
9610+licensing board in a member state for the attendance and 6489
9611+testimony of witnesses or for the production of evidence from 6490
9612+another member state must be enforced in the latter state by any 6491
9613+court of competent jurisdiction, according to the practice and 6492
9614+procedure of that court applicable to subpoenas issued in 6493
9615+proceedings pending before it. The issuing authority shall pay 6494
9616+any witness fees, travel expenses, mileage, and other fees 6495
9617+required by the service laws of the state where the witnesses or 6496
9618+evidence is located. 6497
9619+ (c) If otherwise permitted by state law, recover from the 6498
9620+licensee the costs of investigations and disposition of cases 6499
9621+resulting from any adverse action taken against that licensee. 6500
9622+
9623+CS/HB 1549 2024
9624+
9625+
9626+
9627+CODING: Words stricken are deletions; words underlined are additions.
9628+hb1549-01-c1
9629+Page 261 of 316
9630+FL 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
9631+
9632+
9633+
9634+ (6)(a) In addition to the authority granted to a member 6501
9635+state by its respective physical therapy practice act or other 6502
9636+applicable state law, a member state may participate with other 6503
9637+member states in joint investigations of licensees. 6504
9638+ (b) Member states shall share any investigative, 6505
9639+litigation, or compliance materials in furtherance of any joint 6506
9640+or individual investigation initiated under the compact. 6507
9641+ 6508
9642+ARTICLE VII 6509
9643+ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION 6510
9644+ 6511
9645+ (1) COMMISSION CREATED. —The member states hereby create 6512
9646+and establish a joint public age ncy known as the Physical 6513
9647+Therapy Compact Commission: 6514
9648+ (a) The commission is an instrumentality of the member 6515
9649+states. 6516
9650+ (b) Venue is proper, and judicial proceedings by or 6517
9651+against the commission shall be brought solely and exclusively 6518
9652+in a court of compet ent jurisdiction where the principal office 6519
9653+of the commission is located. The commission may waive venue and 6520
9654+jurisdictional defenses to the extent it adopts or consents to 6521
9655+participate in alternative dispute resolution proceedings. 6522
9656+ (c) The compact may not be construed to be a waiver of 6523
9657+sovereign immunity. 6524
9658+ (2) MEMBERSHIP, VOTING, AND MEETINGS. — 6525
9659+
9660+CS/HB 1549 2024
9661+
9662+
9663+
9664+CODING: Words stricken are deletions; words underlined are additions.
9665+hb1549-01-c1
9666+Page 262 of 316
9667+FL 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
9668+
9669+
9670+
9671+ (a) Each member state has and is limited to one delegate 6526
9672+selected by that member state's physical therapy licensing board 6527
9673+to serve on the commission. The delegat e must be a current 6528
9674+member of the physical therapy licensing board who is a physical 6529
9675+therapist, a physical therapist assistant, a public member, or 6530
9676+the board administrator. 6531
9677+ (b) A delegate may be removed or suspended from office as 6532
9678+provided by the law of the state from which the delegate is 6533
9679+appointed. Any vacancy occurring on the commission must be 6534
9680+filled by the physical therapy licensing board of the member 6535
9681+state for which the vacancy exists. 6536
9682+ (c) Each delegate is entitled to one vote with regard to 6537
9683+the adoption of rules and bylaws and shall otherwise have an 6538
9684+opportunity to participate in the business and affairs of the 6539
9685+commission. 6540
9686+ (d) A delegate shall vote in person or by such other means 6541
9687+as provided in the bylaws. The bylaws may provide for delegates' 6542
9688+participation in meetings by telephone or other means of 6543
9689+communication. 6544
9690+ (e) The commission shall meet at least once during each 6545
9691+calendar year. Additional meetings may be held as set forth in 6546
9692+the bylaws. 6547
9693+ (f) All meetings must be open to the public, and public 6548
9694+notice of meetings must be given in the same manner as required 6549
9695+under the rulemaking provisions in article IX. 6550
9696+
9697+CS/HB 1549 2024
9698+
9699+
9700+
9701+CODING: Words stricken are deletions; words underlined are additions.
9702+hb1549-01-c1
9703+Page 263 of 316
9704+FL 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
9705+
9706+
9707+
9708+ (g) The commission or the executive board or other 6551
9709+committees of the commission may convene in a closed, nonpublic 6552
9710+meeting if the commi ssion or executive board or other committees 6553
9711+of the commission must discuss any of the following: 6554
9712+ 1. Noncompliance of a member state with its obligations 6555
9713+under the compact. 6556
9714+ 2. The employment, compensation, or discipline of, or 6557
9715+other matters, practices, or procedures related to, specific 6558
9716+employees or other matters related to the commission's internal 6559
9717+personnel practices and procedures. 6560
9718+ 3. Current, threatened, or reasonably anticipated 6561
9719+litigation against the commission, executive board, or other 6562
9720+committees of the commission. 6563
9721+ 4. Negotiation of contracts for the purchase, lease, or 6564
9722+sale of goods, services, or real estate. 6565
9723+ 5. An accusation of any person of a crime or a formal 6566
9724+censure of any person. 6567
9725+ 6. Information disclosing trade secrets or commercial or 6568
9726+financial information that is privileged or confidential. 6569
9727+ 7. Information of a personal nature where disclosure would 6570
9728+constitute a clearly unwarranted invasion of personal privacy. 6571
9729+ 8. Investigatory records compiled for law enforcement 6572
9730+purposes. 6573
9731+ 9. Information related to any investigative reports 6574
9732+prepared by or on behalf of or for use of the commission or 6575
9733+
9734+CS/HB 1549 2024
9735+
9736+
9737+
9738+CODING: Words stricken are deletions; words underlined are additions.
9739+hb1549-01-c1
9740+Page 264 of 316
9741+FL 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
9742+
9743+
9744+
9745+other committee charged with responsibility for investigation or 6576
9746+determination of compliance issues pursuant to the compact. 6577
9747+ 10. Matters specifi cally exempted from disclosure by 6578
9748+federal or member state statute. 6579
9749+ (h) If a meeting, or portion of a meeting, is closed 6580
9750+pursuant to this subsection, the commission's legal counsel or 6581
9751+designee must certify that the meeting may be closed and must 6582
9752+reference each relevant exempting provision. 6583
9753+ (i) The commission shall keep minutes that fully and 6584
9754+clearly describe all matters discussed in a meeting and shall 6585
9755+provide a full and accurate summary of actions taken and the 6586
9756+reasons therefore, including a description of the views 6587
9757+expressed. All documents considered in connection with an action 6588
9758+must be identified in the minutes. All minutes and documents of 6589
9759+a closed meeting must remain under seal, subject to release only 6590
9760+by a majority vote of the commission or order of a court of 6591
9761+competent jurisdiction. 6592
9762+ (3) DUTIES.—The commission shall do all of the following: 6593
9763+ (a) Establish the fiscal year of the commission. 6594
9764+ (b) Establish bylaws. 6595
9765+ (c) Maintain its financial records in accordance with the 6596
9766+bylaws. 6597
9767+ (d) Meet and take such actions as are consistent with the 6598
9768+provisions of the compact and the bylaws. 6599
9769+ (4) POWERS.—The commission may do any of the following: 6600
9770+
9771+CS/HB 1549 2024
9772+
9773+
9774+
9775+CODING: Words stricken are deletions; words underlined are additions.
9776+hb1549-01-c1
9777+Page 265 of 316
9778+FL 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
9779+
9780+
9781+
9782+ (a) Adopt uniform rules to facilitate and coordinate 6601
9783+implementation and administration of the compact. The rule s have 6602
9784+the force and effect of law and are be binding in all member 6603
9785+states. 6604
9786+ (b) Bring and prosecute legal proceedings or actions in 6605
9787+the name of the commission, provided that the standing of any 6606
9788+state physical therapy licensing board to sue or be sued und er 6607
9789+applicable law is not affected. 6608
9790+ (c) Purchase and maintain insurance and bonds. 6609
9791+ (d) Borrow, accept, or contract for services of personnel, 6610
9792+including, but not limited to, employees of a member state. 6611
9793+ (e) Hire employees and elect or appoint officers; fix 6612
9794+compensation of, define duties of, and grant appropriate 6613
9795+authority to such individuals to carry out the purposes of the 6614
9796+compact; and establish the commission's personnel policies and 6615
9797+programs relating to conflicts of interest, qualifications of 6616
9798+personnel, and other related personnel matters. 6617
9799+ (f) Accept any appropriate donations and grants of money, 6618
9800+equipment, supplies, materials, and services and receive, use, 6619
9801+and dispose of the same, provided that at all times the 6620
9802+commission avoids any appearance of impropriety or conflict of 6621
9803+interest. 6622
9804+ (g) Lease, purchase, accept appropriate gifts or donations 6623
9805+of, or otherwise own, hold, improve, or use any property, real, 6624
9806+personal, or mixed, provided that at all times the commission 6625
9807+
9808+CS/HB 1549 2024
9809+
9810+
9811+
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9813+hb1549-01-c1
9814+Page 266 of 316
9815+FL 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
9816+
9817+
9818+
9819+avoids any appearance of improp riety or conflict of interest. 6626
9820+ (h) Sell, convey, mortgage, pledge, lease, exchange, 6627
9821+abandon, or otherwise dispose of any property, real, personal, 6628
9822+or mixed. 6629
9823+ (i) Establish a budget and make expenditures. 6630
9824+ (j) Borrow money. 6631
9825+ (k) Appoint committees, inc luding standing committees 6632
9826+composed of members, state regulators, state legislators or 6633
9827+their representatives, and consumer representatives, and such 6634
9828+other interested persons as may be designated in the compact and 6635
9829+the bylaws. 6636
9830+ (l) Provide information to, receive information from, and 6637
9831+cooperate with law enforcement agencies. 6638
9832+ (m) Establish and elect an executive board. 6639
9833+ (n) Perform such other functions as may be necessary or 6640
9834+appropriate to achieve the purposes of the compact consistent 6641
9835+with the state regulation of physical therapy licensure and 6642
9836+practice. 6643
9837+ (5) THE EXECUTIVE BOARD. — 6644
9838+ (a) The executive board may act on behalf of the 6645
9839+commission according to the terms of the compact. 6646
9840+ (b) The executive board shall consist of the following 6647
9841+nine members: 6648
9842+ 1. Seven voting members who are elected by the commission 6649
9843+from the current membership of the commission. 6650
9844+
9845+CS/HB 1549 2024
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9847+
9848+
9849+CODING: Words stricken are deletions; words underlined are additions.
9850+hb1549-01-c1
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9852+FL 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
9853+
9854+
9855+
9856+ 2. One ex-officio, nonvoting member from the recognized 6651
9857+national physical therapy professional association. 6652
9858+ 3. One ex-officio, nonvoting member fr om the recognized 6653
9859+membership organization of the physical therapy licensing 6654
9860+boards. 6655
9861+ (c) The ex officio members shall be selected by their 6656
9862+respective organizations. 6657
9863+ (d) The commission may remove any member of the executive 6658
9864+board as provided in its bylaw s. 6659
9865+ (e) The executive board shall meet at least annually. 6660
9866+ (f) The executive board shall do all of the following: 6661
9867+ 1. Recommend to the entire commission changes to the rules 6662
9868+or bylaws, compact legislation, fees paid by compact member 6663
9869+states, such as annual dues, and any commission compact fee 6664
9870+charged to licensees for the compact privilege. 6665
9871+ 2. Ensure compact administration services are 6666
9872+appropriately provided, contractually or otherwise. 6667
9873+ 3. Prepare and recommend the budget. 6668
9874+ 4. Maintain financial reco rds on behalf of the commission. 6669
9875+ 5. Monitor compact compliance of member states and provide 6670
9876+compliance reports to the commission. 6671
9877+ 6. Establish additional committees as necessary. 6672
9878+ 7. Perform other duties as provided in the rules or 6673
9879+bylaws. 6674
9880+ (6) FINANCING OF THE COMMISSION. — 6675
9881+
9882+CS/HB 1549 2024
9883+
9884+
9885+
9886+CODING: Words stricken are deletions; words underlined are additions.
9887+hb1549-01-c1
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9889+FL 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
9890+
9891+
9892+
9893+ (a) The commission shall pay, or provide for the payment 6676
9894+of, the reasonable expenses of its establishment, organization, 6677
9895+and ongoing activities. 6678
9896+ (b) The commission may accept any appropriate revenue 6679
9897+sources, donations, and gran ts of money, equipment, supplies, 6680
9898+materials, and services. 6681
9899+ (c) The commission may levy and collect an annual 6682
9900+assessment from each member state or impose fees on other 6683
9901+parties to cover the cost of the operations and activities of 6684
9902+the commission and its st aff. Such assessments and fees must be 6685
9903+in a total amount sufficient to cover its annual budget as 6686
9904+approved each year for which revenue is not provided by other 6687
9905+sources. The aggregate annual assessment amount must be 6688
9906+allocated based upon a formula to be det ermined by the 6689
9907+commission, which shall adopt a rule binding upon all member 6690
9908+states. 6691
9909+ (d) The commission may not incur obligations of any kind 6692
9910+before securing the funds adequate to meet such obligations; nor 6693
9911+may the commission pledge the credit of any of t he member 6694
9912+states, except by and with the authority of the member state. 6695
9913+ (e) The commission shall keep accurate accounts of all 6696
9914+receipts and disbursements. The receipts and disbursements of 6697
9915+the commission are subject to the audit and accounting 6698
9916+procedures established under its bylaws. However, all receipts 6699
9917+and disbursements of funds handled by the commission must be 6700
9918+
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9927+
9928+
9929+
9930+audited yearly by a certified or licensed public accountant, and 6701
9931+the report of the audit must be included in and become part of 6702
9932+the annual report of the commission. 6703
9933+ (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 6704
9934+ (a) The members, officers, executive director, employees, 6705
9935+and representatives of the commission are immune from suit and 6706
9936+liability, either personally or in their official cap acity, for 6707
9937+any claim for damage to or loss of property or personal injury 6708
9938+or other civil liability caused by or arising out of any actual 6709
9939+or alleged act, error, or omission that occurred, or that the 6710
9940+person against whom the claim is made had a reasonable b asis for 6711
9941+believing occurred, within the scope of commission employment, 6712
9942+duties, or responsibilities. However, this paragraph may not be 6713
9943+construed to protect any such person from suit or liability for 6714
9944+any damage, loss, injury, or liability caused by the 6715
9945+intentional, willful, or wanton misconduct of that person. 6716
9946+ (b) The commission shall defend any member, officer, 6717
9947+executive director, employee, or representative of the 6718
9948+commission in any civil action seeking to impose liability 6719
9949+arising out of any actual or al leged act, error, or omission 6720
9950+that occurred within the scope of commission employment, duties, 6721
9951+or responsibilities, or that the person against whom the claim 6722
9952+is made had a reasonable basis for believing occurred within the 6723
9953+scope of commission employment, d uties, or responsibilities. 6724
9954+However, this subsection may not be construed to prohibit any 6725
9955+
9956+CS/HB 1549 2024
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9964+
9965+
9966+
9967+member, officer, executive director, employee, or representative 6726
9968+of the commission from retaining his or her own counsel or to 6727
9969+require the commission to defend such p erson if the actual or 6728
9970+alleged act, error, or omission resulted from that person's 6729
9971+intentional, willful, or wanton misconduct. 6730
9972+ (c) The commission shall indemnify and hold harmless any 6731
9973+member, officer, executive director, employee, or representative 6732
9974+of the commission for the amount of any settlement or judgment 6733
9975+obtained against that person arising out of any actual or 6734
9976+alleged act, error, or omission that occurred within the scope 6735
9977+of commission employment, duties, or responsibilities, or that 6736
9978+such person had a reasonable basis for believing occurred within 6737
9979+the scope of commission employment, duties, or responsibilities, 6738
9980+provided that the actual or alleged act, error, or omission did 6739
9981+not result from the intentional, willful, or wanton misconduct 6740
9982+of that person. 6741
9983+ 6742
9984+ARTICLE VIII 6743
9985+DATA SYSTEM 6744
9986+ (1) The commission shall provide for the development, 6745
9987+maintenance, and use of a coordinated database and reporting 6746
9988+system containing licensure, adverse action, and investigative 6747
9989+information on all licensees in member states. 6748
9990+ (2) Notwithstanding any other provision of state law to 6749
9991+the contrary, a member state shall submit a uniform data set to 6750
9992+
9993+CS/HB 1549 2024
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10000+FL 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
10001+
10002+
10003+
10004+the data system on all individuals to whom the compact is 6751
10005+applicable as required by the rules of the commission, including 6752
10006+all of the following: 6753
10007+ (a) Identifying information. 6754
10008+ (b) Licensure data. 6755
10009+ (c) Investigative information. 6756
10010+ (d) Adverse actions against a license or compact 6757
10011+privilege. 6758
10012+ (e) Nonconfidential information related to alternative 6759
10013+program participation. 6760
10014+ (f) Any denial of application for licensure and the reason 6761
10015+for such denial. 6762
10016+ (g) Other information that may facilitate the 6763
10017+administration of the compact, as determined by the rules of the 6764
10018+commission. 6765
10019+ (3) Investigative information in the system pertaining to 6766
10020+a licensee in any member state must be available only to other 6767
10021+member states. 6768
10022+ (4) The commission shall promptly notify all member states 6769
10023+of any adverse action taken against a licensee or an individual 6770
10024+applying for a license in a member state. Adverse action 6771
10025+information pertaining to a licensee in any member state must be 6772
10026+available to all other member states. 6773
10027+ (5) Member states contributing information to the data 6774
10028+system may designate information that may not be shared with the 6775
10029+
10030+CS/HB 1549 2024
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10038+
10039+
10040+
10041+public without the express permission of the contributing state. 6776
10042+ (6) Any information submitted to the data system which is 6777
10043+subsequently required to be expunged by the laws of the member 6778
10044+state contributing the information must be removed from the data 6779
10045+system. 6780
10046+ 6781
10047+ARTICLE IX 6782
10048+RULEMAKING 6783
10049+ (1) The commission shall exercise its rulemaking powers 6784
10050+pursuant to the criteria set forth in this article and the rules 6785
10051+adopted thereunder. Rules and amendments become binding as of 6786
10052+the date specified in each rule or amendment. 6787
10053+ (2) If a majority of the legisla tures of the member states 6788
10054+rejects a rule by enactment of a statute or resolution in the 6789
10055+same manner used to adopt the compact within 4 years after the 6790
10056+date of adoption of the rule, such rule does not have further 6791
10057+force and effect in any member state. 6792
10058+ (3) Rules or amendments to the rules must be adopted at a 6793
10059+regular or special meeting of the commission. 6794
10060+ (4) Before adoption of a final rule or rules by the 6795
10061+commission, and at least 30 days before the meeting at which the 6796
10062+rule will be considered and voted u pon, the commission must file 6797
10063+a notice of proposed rulemaking on all of the following: 6798
10064+ (a) The website of the commission or another publicly 6799
10065+accessible platform. 6800
10066+
10067+CS/HB 1549 2024
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10069+
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10075+
10076+
10077+
10078+ (b) The website of each member state physical therapy 6801
10079+licensing board or another publicly accessible platform or the 6802
10080+publication in which each state would otherwise publish proposed 6803
10081+rules. 6804
10082+ (5) The notice of proposed rulemaking must include all of 6805
10083+the following: 6806
10084+ (a) The proposed date, time, and location of the meeting 6807
10085+in which the rule will be considered and voted upon. 6808
10086+ (b) The text of the proposed rule or amendment and the 6809
10087+reason for the proposed rule. 6810
10088+ (c) A request for comments on the proposed rule from any 6811
10089+interested person. 6812
10090+ (d) The manner in which interested persons may submit 6813
10091+notice to the commission of their intention to attend the public 6814
10092+hearing and any written comments. 6815
10093+ (6) Before adoption of a proposed rule, the commission 6816
10094+must allow persons to submit written data, facts, opinions, and 6817
10095+arguments, which must be made available t o the public. 6818
10096+ (7) The commission must grant an opportunity for a public 6819
10097+hearing before it adopts a rule or an amendment if a hearing is 6820
10098+requested by any of the following: 6821
10099+ (a) At least 25 persons. 6822
10100+ (b) A state or federal governmental subdivision or agency. 6823
10101+ (c) An association having at least 25 members. 6824
10102+ (8) If a scheduled public hearing is held on the proposed 6825
10103+
10104+CS/HB 1549 2024
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10112+
10113+
10114+
10115+rule or amendment, the commission must publish the date, time, 6826
10116+and location of the hearing. If the hearing is held through 6827
10117+electronic means, the commission must publish the mechanism for 6828
10118+access to the electronic hearing. 6829
10119+ (a) All persons wishing to be heard at the hearing must 6830
10120+notify the executive director of the commission or another 6831
10121+designated member in writing of their desire to appear an d 6832
10122+testify at the hearing at least 5 business days before the 6833
10123+scheduled date of the hearing. 6834
10124+ (b) Hearings must be conducted in a manner providing each 6835
10125+person who wishes to comment a fair and reasonable opportunity 6836
10126+to comment orally or in writing. 6837
10127+ (c) All hearings must be recorded. A copy of the recording 6838
10128+must be made available on request. 6839
10129+ (d) This section may not be construed to require a 6840
10130+separate hearing on each rule. Rules may be grouped for the 6841
10131+convenience of the commission at hearings required by t his 6842
10132+section. 6843
10133+ (9) Following the scheduled hearing date, or by the close 6844
10134+of business on the scheduled hearing date if the hearing was not 6845
10135+held, the commission shall consider all written and oral 6846
10136+comments received. 6847
10137+ (10) If no written notice of intent to a ttend the public 6848
10138+hearing by interested parties is received, the commission may 6849
10139+proceed with adoption of the proposed rule without a public 6850
10140+
10141+CS/HB 1549 2024
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10148+FL 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
10149+
10150+
10151+
10152+hearing. 6851
10153+ (11) The commission shall, by majority vote of all 6852
10154+members, take final action on the proposed rule and sha ll 6853
10155+determine the effective date of the rule, if any, based on the 6854
10156+rulemaking record and the full text of the rule. 6855
10157+ (12) Upon determination that an emergency exists, the 6856
10158+commission may consider and adopt an emergency rule without 6857
10159+prior notice, opportunity for comment, or hearing, provided that 6858
10160+the usual rulemaking procedures provided in the compact and in 6859
10161+this section are retroactively applied to the rule as soon as 6860
10162+reasonably possible, in no event later than 90 days after the 6861
10163+effective date of the rule. F or the purposes of this subsection, 6862
10164+an emergency rule is one that must be adopted immediately in 6863
10165+order to do any of the following: 6864
10166+ (a) Meet an imminent threat to public health, safety, or 6865
10167+welfare. 6866
10168+ (b) Prevent a loss of commission or member state funds. 6867
10169+ (c) Meet a deadline for the adoption of an administrative 6868
10170+rule established by federal law or rule. 6869
10171+ (d) Protect public health and safety. 6870
10172+ (13) The commission or an authorized committee of the 6871
10173+commission may direct revisions to a previously adopted ru le or 6872
10174+amendment for purposes of correcting typographical errors, 6873
10175+errors in format, errors in consistency, or grammatical errors. 6874
10176+Public notice of any revisions must be posted on the website of 6875
10177+
10178+CS/HB 1549 2024
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10185+FL 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
10186+
10187+
10188+
10189+the commission. The revision is subject to challenge by any 6876
10190+person for a period of 30 days after posting. The revision may 6877
10191+be challenged only on grounds that the revision results in a 6878
10192+material change to a rule. A challenge must be made in writing 6879
10193+and delivered to the chair of the commission before the end of 6880
10194+the notice period. If a challenge is not made, the revision 6881
10195+takes effect without further action. If the revision is 6882
10196+challenged, the revision may not take effect without the 6883
10197+approval of the commission. 6884
10198+ 6885
10199+ARTICLE X 6886
10200+OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 6887
10201+ (1) OVERSIGHT.— 6888
10202+ (a) The executive, legislative, and judicial branches of 6889
10203+state government in each member state shall enforce the compact 6890
10204+and take all actions necessary and appropriate to carry out the 6891
10205+compact's purposes and intent. The provisions of the comp act and 6892
10206+the rules adopted pursuant thereto shall have standing as 6893
10207+statutory law. 6894
10208+ (b) All courts shall take judicial notice of the compact 6895
10209+and the rules in any judicial or administrative proceeding in a 6896
10210+member state pertaining to the subject matter of the compact 6897
10211+which may affect the powers, responsibilities, or actions of the 6898
10212+commission. 6899
10213+ (c) The commission is entitled to receive service of 6900
10214+
10215+CS/HB 1549 2024
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10223+
10224+
10225+
10226+process in any such proceeding and has standing to intervene in 6901
10227+such a proceeding for all purposes. Failure to prov ide service 6902
10228+of process to the commission renders a judgment or an order void 6903
10229+as to the commission, the compact, or the adopted rules. 6904
10230+ (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 6905
10231+ (a) If the commission determines that a member state has 6906
10232+defaulted in the performance of its obligations or 6907
10233+responsibilities under the compact or the adopted rules, the 6908
10234+commission must do all of the following: 6909
10235+ 1. Provide written notice to the defaulting state and 6910
10236+other member states of the nature of the default, the p roposed 6911
10237+means of curing the default, and any other action to be taken by 6912
10238+the commission. 6913
10239+ 2. Provide remedial training and specific technical 6914
10240+assistance regarding the default. 6915
10241+ (b) If a state in default fails to cure the default, the 6916
10242+defaulting state may be terminated from the compact upon an 6917
10243+affirmative vote of a majority of the member states, and all 6918
10244+rights, privileges, and benefits conferred by the compact may be 6919
10245+terminated on the effective date of termination. A cure of the 6920
10246+default does not relieve th e offending state of obligations or 6921
10247+liabilities incurred during the period of default. 6922
10248+ (c) Termination of membership in the compact may be 6923
10249+imposed only after all other means of securing compliance have 6924
10250+been exhausted. The commission shall give notice of intent to 6925
10251+
10252+CS/HB 1549 2024
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10260+
10261+
10262+
10263+suspend or terminate a defaulting member state to the governor 6926
10264+and majority and minority leaders of the defaulting state's 6927
10265+legislature and to each of the member states. 6928
10266+ (d) A state that has been terminated from the compact is 6929
10267+responsible for all assessments, obligations, and liabilities 6930
10268+incurred through the effective date of termination, including 6931
10269+obligations that extend beyond the effective date of 6932
10270+termination. 6933
10271+ (e) The commission does not bear any costs related to a 6934
10272+state that is found to be in default or that has been terminated 6935
10273+from the compact, unless agreed upon in writing between the 6936
10274+commission and the defaulting state. 6937
10275+ (f) The defaulting state may appeal the action of the 6938
10276+commission by petitioning the U.S. District Court for the 6939
10277+District of Columbia or the federal district where the 6940
10278+commission has its principal offices. The prevailing member 6941
10279+shall be awarded all costs of such litigation, including 6942
10280+reasonable attorney fees. 6943
10281+ (3) DISPUTE RESOLUTION. — 6944
10282+ (a) Upon request by a member state, the commission must 6945
10283+attempt to resolve disputes related to the compact which arise 6946
10284+among member states and between member and nonmember states. 6947
10285+ (b) The commission shall adopt a rule providing for both 6948
10286+mediation and binding dispute resolution for dispute s as 6949
10287+appropriate. 6950
10288+
10289+CS/HB 1549 2024
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10297+
10298+
10299+
10300+ (4) ENFORCEMENT.— 6951
10301+ (a) The commission, in the reasonable exercise of its 6952
10302+discretion, shall enforce the compact and the commission's 6953
10303+rules. 6954
10304+ (b) By majority vote, the commission may initiate legal 6955
10305+action in the United States District Court for the District of 6956
10306+Columbia or the federal district where the commission has its 6957
10307+principal offices against a member state in default to enforce 6958
10308+compliance with the provisions of the compact and its adopted 6959
10309+rules and bylaws. The relief sought may inc lude both injunctive 6960
10310+relief and damages. In the event judicial enforcement is 6961
10311+necessary, the prevailing member shall be awarded all costs of 6962
10312+such litigation, including reasonable attorney fees. 6963
10313+ (c) The remedies under this article are not the exclusive 6964
10314+remedies of the commission. The commission may pursue any other 6965
10315+remedies available under federal or state law. 6966
10316+ 6967
10317+ARTICLE XI 6968
10318+DATE OF IMPLEMENTATION OF THE PHYSICAL THERAPY COMPACT AND 6969
10319+ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS 6970
10320+ (1) The compact becomes effec tive on the date that the 6971
10321+compact statute is enacted into law in the tenth member state. 6972
10322+The provisions that become effective at that time are limited to 6973
10323+the powers granted to the commission relating to assembly and 6974
10324+the adoption of rules. Thereafter, the c ommission shall meet and 6975
10325+
10326+CS/HB 1549 2024
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10333+FL 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
10334+
10335+
10336+
10337+exercise rulemaking powers necessary for the implementation and 6976
10338+administration of the compact. 6977
10339+ (2) Any state that joins the compact subsequent to the 6978
10340+commission's initial adoption of the rules is subject to the 6979
10341+rules as they exist on the date that the compact becomes law in 6980
10342+that state. Any rule that has been previously adopted by the 6981
10343+commission has the full force and effect of law on the day the 6982
10344+compact becomes law in that state. 6983
10345+ (3) Any member state may withdraw from the compac t by 6984
10346+enacting a statute repealing the same. 6985
10347+ (a) A member state's withdrawal does not take effect until 6986
10348+6 months after enactment of the repealing statute. 6987
10349+ (b) Withdrawal does not affect the continuing requirement 6988
10350+of the withdrawing state's physical ther apy licensing board to 6989
10351+comply with the investigative and adverse action reporting 6990
10352+requirements of this act before the effective date of 6991
10353+withdrawal. 6992
10354+ (4) The compact may not be construed to invalidate or 6993
10355+prevent any physical therapy licensure agreement or other 6994
10356+cooperative arrangement between a member state and a nonmember 6995
10357+state which does not conflict with the provisions of the 6996
10358+compact. 6997
10359+ (5) The compact may be amended by the member states. An 6998
10360+amendment to the compact does not become effective and binding 6999
10361+upon any member state until it is enacted into the laws of all 7000
10362+
10363+CS/HB 1549 2024
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10371+
10372+
10373+
10374+member states. 7001
10375+ 7002
10376+ARTICLE XII 7003
10377+CONSTRUCTION AND SEVERABILITY 7004
10378+ The compact must be liberally construed so as to carry out 7005
10379+the purposes thereof. The provisions of the compact are 7006
10380+severable, and if any phrase, clause, sentence, or provision of 7007
10381+the compact is declared to be contrary to the constitution of 7008
10382+any member state or of the United States or the applicability 7009
10383+thereof to any government, agency, person, or circumstance is 7010
10384+held invalid, the validit y of the remainder of the compact and 7011
10385+the applicability thereof to any government, agency, person, or 7012
10386+circumstance is not affected thereby. If the compact is held 7013
10387+contrary to the constitution of any member state, the compact 7014
10388+remains in full force and effec t as to the remaining member 7015
10389+states and in full force and effect as to the member state 7016
10390+affected as to all severable matters. 7017
10391+ Section 80. The provisions of the Physical Therapy 7018
10392+Licensure Compact do not authorize the Department of Health or 7019
10393+the Board of Physical Therapy to collect a compact privilege 7020
10394+fee, but rather state that fees of this kind are allowable under 7021
10395+the compact. The Department of Health and the Board of Physical 7022
10396+Therapy must comply with the requirements of s. 456.025. 7023
10397+ Section 81. Subsection (5) is added to section 486.023, 7024
10398+Florida Statutes, to read: 7025
10399+
10400+CS/HB 1549 2024
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10408+
10409+
10410+
10411+ 486.023 Board of Physical Therapy Practice. — 7026
10412+ (5) The board shall appoint a person to serve as the 7027
10413+state's delegate on the Physical Therapy Compact Commission, as 7028
10414+required under s. 486.112. 7029
10415+ Section 82. Section 486.125, Florida Statutes, is amended 7030
10416+to read: 7031
10417+ 486.125 Refusal, revocation, or suspension of license; 7032
10418+administrative fines and other disciplinary measures. — 7033
10419+ (1) The following acts constitute grounds for denial of a 7034
10420+license or disciplinary action, as specified in s. 456.072(2) or 7035
10421+s. 486.112: 7036
10422+ (a) Being unable to practice physical therapy with 7037
10423+reasonable skill and safety to patients by reason of illness or 7038
10424+use of alcohol, drugs, narcotics, chemicals, or any other type 7039
10425+of material or as a result of any mental or physical condition. 7040
10426+ 1. In enforcing this paragraph, upon a finding of the 7041
10427+State Surgeon General or the State Surgeon General's designee 7042
10428+that probable cause exists to believe that the licensee is 7043
10429+unable to practice physical therapy due to the reasons stated in 7044
10430+this paragraph, the department shall have the authority to 7045
10431+compel a physical therapist or physical therapist assistant to 7046
10432+submit to a mental or physical examination by a physician 7047
10433+designated by the department. If the licensee refuses to comply 7048
10434+with such order, the department's order directing such 7049
10435+examination may be enforced by filing a petition for enforcement 7050
10436+
10437+CS/HB 1549 2024
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10444+FL 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
10445+
10446+
10447+
10448+in the circuit court where the licensee resides or serves as a 7051
10449+physical therapy practitioner. The lice nsee against whom the 7052
10450+petition is filed may shall not be named or identified by 7053
10451+initials in any public court records or documents, and the 7054
10452+proceedings must shall be closed to the public. The department 7055
10453+shall be entitled to the summary procedure provided in s. 7056
10454+51.011. 7057
10455+ 2. A physical therapist or physical therapist assistant 7058
10456+whose license is suspended or revoked pursuant to this 7059
10457+subsection shall, at reasonable intervals, be given an 7060
10458+opportunity to demonstrate that she or he can resume the 7061
10459+competent practice of physical therapy with reasonable skill and 7062
10460+safety to patients. 7063
10461+ 3. Neither the record of proceeding nor the orders entered 7064
10462+by the board in any proceeding under this subsection may be used 7065
10463+against a physical therapist or physical therapist assistant in 7066
10464+any other proceeding. 7067
10465+ (b) Having committed fraud in the practice of physical 7068
10466+therapy or deceit in obtaining a license as a physical therapist 7069
10467+or as a physical therapist assistant. 7070
10468+ (c) Being convicted or found guilty regardless of 7071
10469+adjudication, of a cri me in any jurisdiction which directly 7072
10470+relates to the practice of physical therapy or to the ability to 7073
10471+practice physical therapy. The entry of any plea of nolo 7074
10472+contendere is shall be considered a conviction for purpose of 7075
10473+
10474+CS/HB 1549 2024
10475+
10476+
10477+
10478+CODING: Words stricken are deletions; words underlined are additions.
10479+hb1549-01-c1
10480+Page 284 of 316
10481+FL 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
10482+
10483+
10484+
10485+this chapter. 7076
10486+ (d) Having treated or undertaken to treat human ailments 7077
10487+by means other than by physical therapy, as defined in this 7078
10488+chapter. 7079
10489+ (e) Failing to maintain acceptable standards of physical 7080
10490+therapy practice as set forth by the board in rules adopted 7081
10491+pursuant to this chapter. 7082
10492+ (f) Engaging directly or indirectly in the dividing, 7083
10493+transferring, assigning, rebating, or refunding of fees received 7084
10494+for professional services, or having been found to profit by 7085
10495+means of a credit or other valuable consideration, such as an 7086
10496+unearned commission, discount, or gratuity, with any person 7087
10497+referring a patient or with any relative or business associate 7088
10498+of the referring person. Nothing in This chapter may not shall 7089
10499+be construed to prohibit the members of any regularly and 7090
10500+properly organized business entity which is comprised of 7091
10501+physical therapists and which is recognized under the laws of 7092
10502+this state from making any division of their total fees among 7093
10503+themselves as they determine necessary. 7094
10504+ (g) Having a license revoked or suspended; having had 7095
10505+other disciplinary action taken against her or him; or having 7096
10506+had her or his application for a license refused, revoked, or 7097
10507+suspended by the licensing authority of another state, 7098
10508+territory, or country. 7099
10509+ (h) Violating a lawful order of the board or department 7100
10510+
10511+CS/HB 1549 2024
10512+
10513+
10514+
10515+CODING: Words stricken are deletions; words underlined are additions.
10516+hb1549-01-c1
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10518+FL 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
10519+
10520+
10521+
10522+previously entered in a disciplinary hearing. 7101
10523+ (i) Making or filing a report or record which the licensee 7102
10524+knows to be false. Such reports or records shall include only 7103
10525+those which are signed in the capacity of a physical therapist. 7104
10526+ (j) Practicing or offeri ng to practice beyond the scope 7105
10527+permitted by law or accepting and performing professional 7106
10528+responsibilities which the licensee knows or has reason to know 7107
10529+that she or he is not competent to perform, including, but not 7108
10530+limited to, specific spinal manipulatio n. 7109
10531+ (k) Violating any provision of this chapter or chapter 7110
10532+456, or any rules adopted pursuant thereto. 7111
10533+ (2)(a) The board may enter an order denying licensure or 7112
10534+imposing any of the penalties in s. 456.072(2) against any 7113
10535+applicant for licensure or license e who is found guilty of 7114
10536+violating any provision of subsection (1) of this section or who 7115
10537+is found guilty of violating any provision of s. 456.072(1). 7116
10538+ (b) The board may take adverse action against a physical 7117
10539+therapist's or a physical therapist assistant' s compact 7118
10540+privilege under the Physical Therapy Licensure Compact pursuant 7119
10541+to s. 486.112, and may impose any of the penalties in s. 7120
10542+456.072(2), if a physical therapist or physical therapist 7121
10543+assistant commits an act specified in subsection (1) or s. 7122
10544+456.072(1). 7123
10545+ (3) The board may shall not reinstate the license of a 7124
10546+physical therapist or physical therapist assistant or approve 7125
10547+
10548+CS/HB 1549 2024
10549+
10550+
10551+
10552+CODING: Words stricken are deletions; words underlined are additions.
10553+hb1549-01-c1
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10555+FL 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
10556+
10557+
10558+
10559+cause a license to be issued to a person it has deemed 7126
10560+unqualified until such time as it is satisfied that she or he 7127
10561+has complied with all the terms and conditions set forth in the 7128
10562+final order and that such person is capable of safely engaging 7129
10563+in the practice of physical therapy. 7130
10564+ Section 83. Paragraph (b) of subsection (1) of section 7131
10565+624.27, Florida Statutes, is amended to read: 7132
10566+ 624.27 Direct health care agreements; exemption from 7133
10567+code.— 7134
10568+ (1) As used in this section, the term: 7135
10569+ (b) "Health care provider" means a health care provider 7136
10570+licensed under chapter 458, chapter 459, chapter 460, chapter 7137
10571+461, chapter 464, or chapter 466, chapter 490, or chapter 491, 7138
10572+or a health care group practice, who provides health care 7139
10573+services to patients. 7140
10574+ Section 84. Subsections (4) through (12) of section 95.11, 7141
10575+Florida Statutes, are renumbered as subsections (5) through 7142
10576+(13), respectively, paragr aph (b) of subsection (2), paragraph 7143
10577+(n) of subsection (3), paragraphs (f) and (g) of present 7144
10578+subsection (5), and present subsection (10) are amended, and a 7145
10579+new subsection (4) is added to that section, to read: 7146
10580+ 95.11 Limitations other than for the recove ry of real 7147
10581+property.—Actions other than for recovery of real property shall 7148
10582+be commenced as follows: 7149
10583+ (2) WITHIN FIVE YEARS. — 7150
10584+
10585+CS/HB 1549 2024
10586+
10587+
10588+
10589+CODING: Words stricken are deletions; words underlined are additions.
10590+hb1549-01-c1
10591+Page 287 of 316
10592+FL 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
10593+
10594+
10595+
10596+ (b) A legal or equitable action on a contract, obligation, 7151
10597+or liability founded on a written instrument, except for an 7152
10598+action to enforce a claim against a payment bond, which shall be 7153
10599+governed by the applicable provisions of paragraph (6)(e) 7154
10600+paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s. 7155
10601+713.23(1)(e), and except for an action for a deficiency judgment 7156
10602+governed by paragraph (6)(h) paragraph (5)(h). 7157
10603+ (3) WITHIN FOUR YEARS. — 7158
10604+ (n) An action for assault, battery, false arrest, 7159
10605+malicious prosecution, mal icious interference, false 7160
10606+imprisonment, or any other intentional tort, except as provided 7161
10607+in subsections (5), (6), and (8) subsections (4), (5), and (7) . 7162
10608+ (4) WITHIN THREE YEARS. —An action to collect medical debt 7163
10609+for services rendered by a facility licensed under chapter 395, 7164
10610+provided that the period of limitations shall run from the date 7165
10611+on which the facility refers the medical debt to a third party 7166
10612+for collection. 7167
10613+ (6)(5) WITHIN ONE YEAR.— 7168
10614+ (f) Except for actions described in subsection (9)(8), a 7169
10615+petition for extraordinary writ, other than a petition 7170
10616+challenging a criminal conviction, filed by or on behalf of a 7171
10617+prisoner as defined in s. 57.085. 7172
10618+ (g) Except for actions described in subsection (9)(8), an 7173
10619+action brought by or on behalf of a prisoner , as defined in s. 7174
10620+57.085, relating to the conditions of the prisoner's 7175
10621+
10622+CS/HB 1549 2024
10623+
10624+
10625+
10626+CODING: Words stricken are deletions; words underlined are additions.
10627+hb1549-01-c1
10628+Page 288 of 316
10629+FL 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
10630+
10631+
10632+
10633+confinement. 7176
10634+ (11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM 7177
10635+ACTS DESCRIBED IN S. 782.04 OR S. 782.07. —Notwithstanding 7178
10636+paragraph (5)(e) paragraph (4)(e), an action for wrongfu l death 7179
10637+seeking damages authorized under s. 768.21 brought against a 7180
10638+natural person for an intentional tort resulting in death from 7181
10639+acts described in s. 782.04 or s. 782.07 may be commenced at any 7182
10640+time. This subsection shall not be construed to require an 7183
10641+arrest, the filing of formal criminal charges, or a conviction 7184
10642+for a violation of s. 782.04 or s. 782.07 as a condition for 7185
10643+filing a civil action. 7186
10644+ Section 85. Section 222.26, Florida Statutes, is created 7187
10645+to read: 7188
10646+ 222.26 Additional exemptions from leg al process concerning 7189
10647+medical debt.—If a debt is owed for medical services provided by 7190
10648+a facility licensed under chapter 395, the following property is 7191
10649+exempt from attachment, garnishment, or other legal process in 7192
10650+an action on such debt: 7193
10651+ (1) A debtor's interest, not to exceed $10,000 in value, 7194
10652+in a single motor vehicle as defined in s. 320.01(1). 7195
10653+ (2) A debtor's interest in personal property, not to 7196
10654+exceed $10,000 in value, if the debtor does not claim or receive 7197
10655+the benefits of a homestead exemption un der s. 4, Art. X of the 7198
10656+State Constitution. 7199
10657+ Section 86. Section 627.446, Florida Statutes, is created 7200
10658+
10659+CS/HB 1549 2024
10660+
10661+
10662+
10663+CODING: Words stricken are deletions; words underlined are additions.
10664+hb1549-01-c1
10665+Page 289 of 316
10666+FL 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
10667+
10668+
10669+
10670+to read: 7201
10671+ 627.446 Advanced explanation of benefits. — 7202
10672+ (1) As used in this section, the term "health insurer" 7203
10673+means a health insurer issuing individu al or group coverage or a 7204
10674+health maintenance organization issuing coverage through an 7205
10675+individual or a group contract. 7206
10676+ (2) Each health insurer shall prepare an advanced 7207
10677+explanation of benefits upon receiving a patient estimate from a 7208
10678+facility pursuant to s. 395.301(1). The health insurer must 7209
10679+provide the advanced explanation of benefits to the insured no 7210
10680+later than 1 business day after receiving the patient estimate 7211
10681+from the facility or, in the case of a service scheduled at 7212
10682+least 10 business days in advan ce, no later than 3 business days 7213
10683+after receiving such estimate. 7214
10684+ (3) At a minimum, the advanced explanation of benefits 7215
10685+must include detailed coverage and cost -sharing information 7216
10686+pursuant to the No Surprises Act, Title I of Division BB of the 7217
10687+Consolidated Appropriations Act, 2021, Pub. L. No. 116 -260. 7218
10688+ Section 87. Section 627.447, Florida Statutes, is created 7219
10689+to read: 7220
10690+ 627.447 Disclosure of discounted cash prices. —A health 7221
10691+insurer may not prohibit a provider from disclosing to an 7222
10692+insured the option t o pay the provider's discounted cash price 7223
10693+for health care services. For purposes of this section, the term 7224
10694+"discounted cash price" means: 7225
10695+
10696+CS/HB 1549 2024
10697+
10698+
10699+
10700+CODING: Words stricken are deletions; words underlined are additions.
10701+hb1549-01-c1
10702+Page 290 of 316
10703+FL 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
10704+
10705+
10706+
10707+ (1) With respect to a hospital facility, the same meaning 7226
10708+as in 45 CFR 180.20. The term does not include the amount 7227
10709+charged to an individual pursuant to a facility's financial 7228
10710+assistance policy. 7229
10711+ (2) With respect to a provider that is not a hospital, the 7230
10712+charge that is applied to an individual who paid for a health 7231
10713+care service without filing an insurance claim. 7232
10714+ Section 88. Paragraphs (b) and (c) of subsection (2), 7233
10715+subsection (3), and paragraph (a) of subsection (4) of section 7234
10716+627.6387, Florida Statutes, are amended to read: 7235
10717+ 627.6387 Shared savings incentive program. — 7236
10718+ (2) As used in this section, the term: 7237
10719+ (b) "Health insurer" means an authorized insurer offering 7238
10720+health insurance as defined in s. 627.446 s. 624.603. 7239
10721+ (c) "Shared savings incentive" means a voluntary and 7240
10722+optional financial incentive that a health insurer provides may 7241
10723+provide to an insured for choosing certain shoppable health care 7242
10724+services under a shared savings incentive program which and may 7243
10725+include, but is not limited to, the incentives described in s. 7244
10726+626.9541(4)(a). 7245
10727+ (3) A health insurer must may offer a shared savings 7246
10728+incentive program to provide incentives to an insured when the 7247
10729+insured obtains a shoppable health care service from the health 7248
10730+insurer's shared savings list. An insured may not be required to 7249
10731+participate in a shared savings incentive program. A health 7250
10732+
10733+CS/HB 1549 2024
10734+
10735+
10736+
10737+CODING: Words stricken are deletions; words underlined are additions.
10738+hb1549-01-c1
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10740+FL 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
10741+
10742+
10743+
10744+insurer that offers a shared savings incentive program must: 7251
10745+ (a) Establish the program as a component part of the 7252
10746+policy or certificate of insurance provided by the health 7253
10747+insurer and notify the insureds and the office at least 30 days 7254
10748+before program termination. 7255
10749+ (b) File a description of the program on a form prescribed 7256
10750+by commission rule. The office must review the filing and 7257
10751+determine whether the shared savings incentive program complies 7258
10752+with this section. 7259
10753+ (c) Notify an insured annually and at the time of renewal, 7260
10754+and an applicant for insurance at the time of enrollment, of the 7261
10755+availability of the shared savings incentive program , and the 7262
10756+procedure to participate in the program , and that participation 7263
10757+by the insured is voluntary and optional . 7264
10758+ (d) Publish on a web page e asily accessible to insureds 7265
10759+and to applicants for insurance a list of shoppable health care 7266
10760+services and health care providers and the shared savings 7267
10761+incentive amount applicable for each service. A shared savings 7268
10762+incentive may not be less than 25 percent of the savings 7269
10763+generated by the insured's participation in any shared savings 7270
10764+incentive offered by the health insurer. The baseline for the 7271
10765+savings calculation is the average in -network amount paid for 7272
10766+that service in the most recent 12 -month period or some other 7273
10767+methodology established by the health insurer and approved by 7274
10768+the office. 7275
10769+
10770+CS/HB 1549 2024
10771+
10772+
10773+
10774+CODING: Words stricken are deletions; words underlined are additions.
10775+hb1549-01-c1
10776+Page 292 of 316
10777+FL 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
10778+
10779+
10780+
10781+ (e) At least quarterly, credit or deposit the shared 7276
10782+savings incentive amount to the insured's account as a return or 7277
10783+reduction in premium, or credit the shared savings inc entive 7278
10784+amount to the insured's flexible spending account, health 7279
10785+savings account, or health reimbursement account, or reward the 7280
10786+insured directly with cash or a cash equivalent. 7281
10787+ (f) Submit an annual report to the office within 90 7282
10788+business days after the close of each plan year. At a minimum, 7283
10789+the report must include the following information: 7284
10790+ 1. The number of insureds who participated in the program 7285
10791+during the plan year and the number of instances of 7286
10792+participation. 7287
10793+ 2. The total cost of services provide d as a part of the 7288
10794+program. 7289
10795+ 3. The total value of the shared savings incentive 7290
10796+payments made to insureds participating in the program and the 7291
10797+values distributed as premium reductions, credits to flexible 7292
10798+spending accounts, credits to health savings accou nts, or 7293
10799+credits to health reimbursement accounts. 7294
10800+ 4. An inventory of the shoppable health care services 7295
10801+offered by the health insurer. 7296
10802+ (4)(a) A shared savings incentive offered by a health 7297
10803+insurer in accordance with this section: 7298
10804+ 1. Is not an adminis trative expense for rate development 7299
10805+or rate filing purposes and shall be counted as a medical 7300
10806+
10807+CS/HB 1549 2024
10808+
10809+
10810+
10811+CODING: Words stricken are deletions; words underlined are additions.
10812+hb1549-01-c1
10813+Page 293 of 316
10814+FL 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
10815+
10816+
10817+
10818+expense for such purposes . 7301
10819+ 2. Does not constitute an unfair method of competition or 7302
10820+an unfair or deceptive act or practice under s. 626.9541 and is 7303
10821+presumed to be appropriate unless credible data clearly 7304
10822+demonstrates otherwise. 7305
10823+ Section 89. Paragraph (a) of subsection (4) of section 7306
10824+627.6648, Florida Statutes, is amended to read: 7307
10825+ 627.6648 Shared savings incentive program. — 7308
10826+ (4)(a) A shared savings incenti ve offered by a health 7309
10827+insurer in accordance with this section: 7310
10828+ 1. Is not an administrative expense for rate development 7311
10829+or rate filing purposes and shall be counted as a medical 7312
10830+expense for such purposes . 7313
10831+ 2. Does not constitute an unfair method of com petition or 7314
10832+an unfair or deceptive act or practice under s. 626.9541 and is 7315
10833+presumed to be appropriate unless credible data clearly 7316
10834+demonstrates otherwise. 7317
10835+ Section 90. Paragraph (a) of subsection (4) of section 7318
10836+641.31076, Florida Statutes, is amended t o read: 7319
10837+ 641.31076 Shared savings incentive program. — 7320
10838+ (4) A shared savings incentive offered by a health 7321
10839+maintenance organization in accordance with this section: 7322
10840+ (a) Is not an administrative expense for rate development 7323
10841+or rate filing purposes and shall be counted as a medical 7324
10842+expense for such purposes . 7325
10843+
10844+CS/HB 1549 2024
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10846+
10847+
10848+CODING: Words stricken are deletions; words underlined are additions.
10849+hb1549-01-c1
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10851+FL 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
10852+
10853+
10854+
10855+ Section 91. Paragraph (e) of subsection (3) of section 7326
10856+766.1115, Florida Statutes, is amended to read: 7327
10857+ 766.1115 Health care providers; creation of agency 7328
10858+relationship with governmental contractor s.— 7329
10859+ (3) DEFINITIONS.—As used in this section, the term: 7330
10860+ (e) "Low-income" means: 7331
10861+ 1. A person who is Medicaid -eligible under Florida law; 7332
10862+ 2. A person who is without health insurance and whose 7333
10863+family income does not exceed 300 200 percent of the feder al 7334
10864+poverty level as defined annually by the federal Office of 7335
10865+Management and Budget; or 7336
10866+ 3. Any client of the department who voluntarily chooses to 7337
10867+participate in a program offered or approved by the department 7338
10868+and meets the program eligibility guidelines of the department. 7339
10869+ Section 92. Subsection (14) of section 768.28, Florida 7340
10870+Statutes, is amended, and paragraphs (j), (k), and (l) are added 7341
10871+to subsection (10) of that section, to read: 7342
10872+ 768.28 Waiver of sovereign immunity in tort actions; 7343
10873+recovery limits; civil liability for damages caused during a 7344
10874+riot; limitation on attorney fees; statute of limitations; 7345
10875+exclusions; indemnification; risk management programs. — 7346
10876+ (10) 7347
10877+ (j) For purposes of this section, the representatives 7348
10878+appointed from the Board of Medicine and the Board of 7349
10879+Osteopathic Medicine, when serving as commissioners of the 7350
10880+
10881+CS/HB 1549 2024
10882+
10883+
10884+
10885+CODING: Words stricken are deletions; words underlined are additions.
10886+hb1549-01-c1
10887+Page 295 of 316
10888+FL 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
10889+
10890+
10891+
10892+Interstate Medical Licensure Compact Commission pursuant to s. 7351
10893+456.4501, and any administrator, officer, executive director, 7352
10894+employee, or representative of the Intersta te Medical Licensure 7353
10895+Compact Commission, when acting within the scope of their 7354
10896+employment, duties, or responsibilities in this state, are 7355
10897+considered agents of the state. The commission shall pay any 7356
10898+claims or judgments pursuant to this section and may main tain 7357
10899+insurance coverage to pay any such claims or judgments. 7358
10900+ (k) For purposes of this section, the individuals 7359
10901+appointed under s. 468.1135(4) as the state's delegates on the 7360
10902+Audiology and Speech -Language Pathology Interstate Compact 7361
10903+Commission, when serving in that capacity under s. 468.1335, and 7362
10904+any administrator, officer, executive director, employee, or 7363
10905+representative of the commission, when acting within the scope 7364
10906+of his or her employment, duties, or responsibilities in the 7365
10907+state, is considered an agent of the state. The commission shall 7366
10908+pay any claims or judgments under this section and may maintain 7367
10909+insurance coverage to pay any such claims or judgments. 7368
10910+ (l) For purposes of this section, the individual appointed 7369
10911+under s. 486.023(5) as the state' s delegate on the Physical 7370
10912+Therapy Compact Commission, when serving in that capacity under 7371
10913+s. 486.112, and any administrator, officer, executive director, 7372
10914+employee, or representative of the Physical Therapy Compact 7373
10915+Commission, when acting within the scope of his or her 7374
10916+employment, duties, or responsibilities in this state, is 7375
10917+
10918+CS/HB 1549 2024
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10920+
10921+
10922+CODING: Words stricken are deletions; words underlined are additions.
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10925+FL 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
10926+
10927+
10928+
10929+considered an agent of the state. The commission shall pay any 7376
10930+claims or judgments pursuant to this section and may maintain 7377
10931+insurance coverage to pay any such claims or judgments. 7378
10932+ (14) Every claim against the state or one of its agencies 7379
10933+or subdivisions for damages for a negligent or wrongful act or 7380
10934+omission pursuant to this section shall be forever barred unless 7381
10935+the civil action is commenced by filing a complaint in the court 7382
10936+of appropriate jurisdiction within 4 years after such claim 7383
10937+accrues; except that an action for contribution must be 7384
10938+commenced within the limitations provided in s. 768.31(4), and 7385
10939+an action for damages arising from medical malpractice or 7386
10940+wrongful death must be co mmenced within the limitations for such 7387
10941+actions in s. 95.11(5) s. 95.11(4). 7388
10942+ Section 93. Paragraph (f) is added to subsection (3) of 7389
10943+section 1002.32, Florida Statutes, to read: 7390
10944+ 1002.32 Developmental research (laboratory) schools. — 7391
10945+ (3) MISSION.—The mission of a lab school shall be the 7392
10946+provision of a vehicle for the conduct of research, 7393
10947+demonstration, and evaluation regarding management, teaching, 7394
10948+and learning. Programs to achieve the mission of a lab school 7395
10949+shall embody the goals and standards establi shed pursuant to ss. 7396
10950+1000.03(5) and 1001.23(1) and shall ensure an appropriate 7397
10951+education for its students. 7398
10952+ (f) Each lab school shall develop programs that accelerate 7399
10953+the entry of students into articulated health care programs at 7400
10954+
10955+CS/HB 1549 2024
10956+
10957+
10958+
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10962+FL 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
10963+
10964+
10965+
10966+its affiliated university or at any public or private 7401
10967+postsecondary institution, with the approval of the university 7402
10968+president. Each lab school shall offer technical assistance to 7403
10969+any school district seeking to replicate the lab school′s 7404
10970+programs and must annually report to the Pr esident of the Senate 7405
10971+and the Speaker of the House of Representatives on the 7406
10972+development and results of such programs, when available. 7407
10973+ Section 94. Paragraph (c) is added to subsection (6) of 7408
10974+section 1004.015, Florida Statutes, to read: 7409
10975+ 1004.015 Florida Talent Development Council. — 7410
10976+ (6) The council shall coordinate, facilitate, and 7411
10977+communicate statewide efforts to meet supply and demand needs 7412
10978+for the state's health care workforce. Annually, by December 1, 7413
10979+the council shall report on the implementation of this 7414
10980+subsection and any other relevant information on the Florida 7415
10981+Talent Development Council's web page located on the Department 7416
10982+of Economic Opportunity's website. To support the efforts of the 7417
10983+council, the Board of Governors and the State Board of Ed ucation 7418
10984+shall: 7419
10985+ (c) Require the Commission for Independent Education and 7420
10986+the Independent Colleges and Universities of Florida to annually 7421
10987+report, for each medical school graduate, by institution and 7422
10988+program, the graduates' accepted postgraduation residenc y 7423
10989+programs, including location and specialty. For graduates who 7424
10990+accepted a residency program in this state, reported data shall 7425
10991+
10992+CS/HB 1549 2024
10993+
10994+
10995+
10996+CODING: Words stricken are deletions; words underlined are additions.
10997+hb1549-01-c1
10998+Page 298 of 316
10999+FL 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
11000+
11001+
11002+
11003+identify the accredited program and sponsoring institution of 7426
11004+the residency program. 7427
11005+ Section 95. Paragraph (b) of subsection (3) and paragraph 7428
11006+(b) of subsection (9) of section 1009.8962, Florida Statutes, 7429
11007+are amended to read: 7430
11008+ 1009.8962 Linking Industry to Nursing Education (LINE) 7431
11009+Fund.— 7432
11010+ (3) As used in this section, the term: 7433
11011+ (b) "Institution" means a school district caree r center 7434
11012+under s. 1001.44;, a charter technical career center under s. 7435
11013+1002.34;, a Florida College System institution ;, a state 7436
11014+university;, or an independent nonprofit college or university 7437
11015+located and chartered in this state and accredited by an agency 7438
11016+or association that is recognized by the database created and 7439
11017+maintained by the United States Department of Education to grant 7440
11018+baccalaureate degrees ; or an independent school, college, or 7441
11019+university with an accredited nursing education program as 7442
11020+defined in s. 464.003 which is located in and chartered by the 7443
11021+state and is licensed by the Commission for Independent 7444
11022+Education pursuant to s. 1005.31 , which has a nursing education 7445
11023+program that meets or exceeds the following: 7446
11024+ 1. For a certified nursing assistant program, a completion 7447
11025+rate of at least 70 percent for the prior year. 7448
11026+ 2. For a licensed practical nurse, associate of science in 7449
11027+nursing, and bachelor of science in nursing program, a first -7450
11028+
11029+CS/HB 1549 2024
11030+
11031+
11032+
11033+CODING: Words stricken are deletions; words underlined are additions.
11034+hb1549-01-c1
11035+Page 299 of 316
11036+FL 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
11037+
11038+
11039+
11040+time passage rate on the National Council of State Boards of 7451
11041+Nursing Licensing Examination of at least 75 70 percent for the 7452
11042+prior year based on at least 10 testing participants . 7453
11043+ (9) 7454
11044+ (b) Annually, by February 1, each institution awarded 7455
11045+grant funds in the previous fiscal year shall submit a report to 7456
11046+the Board of Governors and the or Department of Education shall 7457
11047+submit to the Governor, President of the Senate, and Speaker of 7458
11048+the House of Representatives a report , as applicable, that 7459
11049+demonstrates the expansion as outlined in each the proposal and 7460
11050+the use of funds. At minimum, the report must include, by 7461
11051+program level, the number of additional nursing education 7462
11052+students enrolled; if scholarships were awarded using grant 7463
11053+funds, the number of students who received scholarships and the 7464
11054+average award amount; and the outco mes of students as reported 7465
11055+by the Florida Talent Development Council pursuant to s. 7466
11056+1004.015(6). 7467
11057+ Section 96. Section 486.025, Florida Statutes, is amended 7468
11058+to read: 7469
11059+ 486.025 Powers and duties of the Board of Physical Therapy 7470
11060+Practice.—The board may administer oaths, summon witnesses, take 7471
11061+testimony in all matters relating to its duties under this 7472
11062+chapter, establish or modify minimum standards of practice of 7473
11063+physical therapy as defined in s. 486.021, including, but not 7474
11064+limited to, standards of practice for the performance of dry 7475
11065+
11066+CS/HB 1549 2024
11067+
11068+
11069+
11070+CODING: Words stricken are deletions; words underlined are additions.
11071+hb1549-01-c1
11072+Page 300 of 316
11073+FL 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
11074+
11075+
11076+
11077+needling by physical therapists, and adopt rules pursuant to ss. 7476
11078+120.536(1) and 120.54 to implement this chapter. The board may 7477
11079+also review the standing and reputability of any school or 7478
11080+college offering courses in physical thera py and whether the 7479
11081+courses of such school or college in physical therapy meet the 7480
11082+standards established by the appropriate accrediting agency 7481
11083+referred to in s. 486.031(1)(c) s. 486.031(3)(a). In determining 7482
11084+the standing and reputability of any such school and whether the 7483
11085+school and courses meet such standards, the board may 7484
11086+investigate and personally inspect the school and courses. 7485
11087+ Section 97. Paragraph (b) of subsection (1) of section 7486
11088+486.0715, Florida Statutes, is amended to read: 7487
11089+ 486.0715 Physical therapist; issuance of temporary 7488
11090+permit.— 7489
11091+ (1) The board shall issue a temporary physical therapist 7490
11092+permit to an applicant who meets the following requirements: 7491
11093+ (b) Is a graduate of an approved United States physical 7492
11094+therapy educational program and meet s all the eligibility 7493
11095+requirements for licensure under ch. 456, s. 486.031(1)(a), (b), 7494
11096+and (c)1. s. 486.031(1)-(3)(a), and related rules, except 7495
11097+passage of a national examination approved by the board is not 7496
11098+required. 7497
11099+ Section 98. Paragraph (b) of subse ction (1) of section 7498
11100+486.1065, Florida Statutes, is amended to read: 7499
11101+ 486.1065 Physical therapist assistant; issuance of 7500
11102+
11103+CS/HB 1549 2024
11104+
11105+
11106+
11107+CODING: Words stricken are deletions; words underlined are additions.
11108+hb1549-01-c1
11109+Page 301 of 316
11110+FL 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
11111+
11112+
11113+
11114+temporary permit.— 7501
11115+ (1) The board shall issue a temporary physical therapist 7502
11116+assistant permit to an applicant who meets the following 7503
11117+requirements: 7504
11118+ (b) Is a graduate of an approved United States physical 7505
11119+therapy assistant educational program and meets all the 7506
11120+eligibility requirements for licensure under ch. 456, s. 7507
11121+486.102(1)(a), (b), and (c)1. s. 486.102(1)-(3)(a), and related 7508
11122+rules, except passage of a national examination approved by the 7509
11123+board is not required. 7510
11124+ Section 99. Subsection (3) of section 395.602, Florida 7511
11125+Statutes, is amended to read: 7512
11126+ 395.602 Rural hospitals. — 7513
11127+ (3) USE OF FUNDS.—It is the intent of the Legislature th at 7514
11128+funds as appropriated shall be utilized by the department for 7515
11129+the purpose of increasing the number of primary care physicians, 7516
11130+physician assistants, certified nurse midwives, nurse 7517
11131+practitioners, and nurses in rural areas, either through the 7518
11132+Florida Reimbursement Assistance for Medical Education 7519
11133+Reimbursement and Loan Repayment Program established in s. 7520
11134+381.402 as defined by s. 1009.65 or through a federal loan 7521
11135+repayment program which requires state matching funds. The 7522
11136+department may use funds appropriat ed for the Florida 7523
11137+Reimbursement Assistance for Medical Education Reimbursement and 7524
11138+Loan Repayment Program as matching funds for federal loan 7525
11139+
11140+CS/HB 1549 2024
11141+
11142+
11143+
11144+CODING: Words stricken are deletions; words underlined are additions.
11145+hb1549-01-c1
11146+Page 302 of 316
11147+FL 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
11148+
11149+
11150+
11151+repayment programs for health care personnel, such as that 7526
11152+authorized in Pub. L. No. 100 -177, s. 203. If the depar tment 7527
11153+receives federal matching funds, the department shall only 7528
11154+implement the federal program. Reimbursement through either 7529
11155+program shall be limited to: 7530
11156+ (a) Primary care physicians, physician assistants, 7531
11157+certified nurse midwives, nurse practitioners, an d nurses 7532
11158+employed by or affiliated with rural hospitals, as defined in 7533
11159+this act; and 7534
11160+ (b) Primary care physicians, physician assistants, 7535
11161+certified nurse midwives, nurse practitioners, and nurses 7536
11162+employed by or affiliated with rural area health education 7537
11163+centers, as defined in this section. These personnel shall 7538
11164+practice: 7539
11165+ 1. In a county with a population density of no greater 7540
11166+than 100 persons per square mile; or 7541
11167+ 2. Within the boundaries of a hospital tax district which 7542
11168+encompasses a population of no gre ater than 100 persons per 7543
11169+square mile. 7544
11170+ 7545
11171+If the department administers a federal loan repayment program, 7546
11172+priority shall be given to obligating state and federal matching 7547
11173+funds pursuant to paragraphs (a) and (b). The department may use 7548
11174+federal matching funds in other health workforce shortage areas 7549
11175+and medically underserved areas in the state for loan repayment 7550
11176+
11177+CS/HB 1549 2024
11178+
11179+
11180+
11181+CODING: Words stricken are deletions; words underlined are additions.
11182+hb1549-01-c1
11183+Page 303 of 316
11184+FL 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
11185+
11186+
11187+
11188+programs for primary care physicians, physician assistants, 7551
11189+certified nurse midwives, nurse practitioners, and nurses who 7552
11190+are employed by publicly fin anced health care programs that 7553
11191+serve medically indigent persons. 7554
11192+ Section 100. Subsection (1) of section 458.316, Florida 7555
11193+Statutes, is amended to read: 7556
11194+ 458.316 Public health certificate. — 7557
11195+ (1) Any person desiring to obtain a public health 7558
11196+certificate shall submit an application fee not to exceed $300 7559
11197+and shall demonstrate to the board that he or she is a graduate 7560
11198+of an accredited medical school and holds a master of public 7561
11199+health degree or is board eligible or certified in public health 7562
11200+or preventive medicine, or is licensed to practice medicine 7563
11201+without restriction in another jurisdiction in the United States 7564
11202+and holds a master of public health degree or is board eligible 7565
11203+or certified in public health or preventive medicine, and shall 7566
11204+meet the requirements in s. 458.311(1)(a) -(g) and (6) (5). 7567
11205+ Section 101. Section 458.3165, Florida Statutes, is 7568
11206+amended to read: 7569
11207+ 458.3165 Public psychiatry certificate. —The board shall 7570
11208+issue a public psychiatry certificate to an individual who 7571
11209+remits an application f ee not to exceed $300, as set by the 7572
11210+board, who is a board -certified psychiatrist, who is licensed to 7573
11211+practice medicine without restriction in another state, and who 7574
11212+meets the requirements in s. 458.311(1)(a) -(g) and (6) (5). A 7575
11213+
11214+CS/HB 1549 2024
11215+
11216+
11217+
11218+CODING: Words stricken are deletions; words underlined are additions.
11219+hb1549-01-c1
11220+Page 304 of 316
11221+FL 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
11222+
11223+
11224+
11225+recipient of a public psychiatry certificate may use the 7576
11226+certificate to work at any public mental health facility or 7577
11227+program funded in part or entirely by state funds. 7578
11228+ (1) Such certificate shall: 7579
11229+ (a) Authorize the holder to practice only in a public 7580
11230+mental health facility o r program funded in part or entirely by 7581
11231+state funds. 7582
11232+ (b) Be issued and renewable biennially if the State 7583
11233+Surgeon General and the chair of the department of psychiatry at 7584
11234+one of the public medical schools or the chair of the department 7585
11235+of psychiatry at the accredited medical school at the University 7586
11236+of Miami recommend in writing that the certificate be issued or 7587
11237+renewed. 7588
11238+ (c) Automatically expire if the holder's relationship with 7589
11239+a public mental health facility or program expires. 7590
11240+ (d) Not be issued to a person who has been adjudged 7591
11241+unqualified or guilty of any of the prohibited acts in this 7592
11242+chapter. 7593
11243+ (2) The board may take disciplinary action against a 7594
11244+certificateholder for noncompliance with any part of this 7595
11245+section or for any reason for which a regula r licensee may be 7596
11246+subject to discipline. 7597
11247+ Section 102. Subsection (3) of section 468.209, Florida 7598
11248+Statutes, is amended to read: 7599
11249+ 468.209 Requirements for licensure. — 7600
11250+
11251+CS/HB 1549 2024
11252+
11253+
11254+
11255+CODING: Words stricken are deletions; words underlined are additions.
11256+hb1549-01-c1
11257+Page 305 of 316
11258+FL 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
11259+
11260+
11261+
11262+ (3) If the board determines that an applicant is qualified 7601
11263+to be licensed by endorse ment under s. 456.0145 s. 468.213, the 7602
11264+board may issue the applicant a temporary permit to practice 7603
11265+occupational therapy until the next board meeting at which 7604
11266+license applications are to be considered, but not for a longer 7605
11267+period of time. Only one temporar y permit by endorsement shall 7606
11268+be issued to an applicant, and it shall not be renewable. 7607
11269+ Section 103. Subsection (5) of section 468.511, Florida 7608
11270+Statutes, is amended to read: 7609
11271+ 468.511 Dietitian/nutritionist; temporary permit. — 7610
11272+ (5) If the board determ ines that an applicant is qualified 7611
11273+to be licensed by endorsement under s. 468.513, the board may 7612
11274+issue the applicant a temporary permit to practice dietetics and 7613
11275+nutrition until the next board meeting at which license 7614
11276+applications are to be considered, bu t not for a longer period 7615
11277+of time. 7616
11278+ Section 104. Paragraphs (a) and (j) of subsection (1) of 7617
11279+section 475.01, Florida Statutes, are amended to read: 7618
11280+ 475.01 Definitions. — 7619
11281+ (1) As used in this part: 7620
11282+ (a) "Broker" means a person who, for another, and for a 7621
11283+compensation or valuable consideration directly or indirectly 7622
11284+paid or promised, expressly or impliedly, or with an intent to 7623
11285+collect or receive a compensation or valuable consideration 7624
11286+therefor, appraises, auctions, sells, exchanges, buys, rents, or 7625
11287+
11288+CS/HB 1549 2024
11289+
11290+
11291+
11292+CODING: Words stricken are deletions; words underlined are additions.
11293+hb1549-01-c1
11294+Page 306 of 316
11295+FL 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
11296+
11297+
11298+
11299+offers, attempts or agrees to appraise, auction, or negotiate 7626
11300+the sale, exchange, purchase, or rental of business enterprises 7627
11301+or business opportunities or any real property or any interest 7628
11302+in or concerning the same, including mineral rights or leases, 7629
11303+or who advertises or holds out to the public by any oral or 7630
11304+printed solicitation or representation that she or he is engaged 7631
11305+in the business of appraising, auctioning, buying, selling, 7632
11306+exchanging, leasing, or renting business enterprises or business 7633
11307+opportunities or real property of others or interests therein, 7634
11308+including mineral rights, or who takes any part in the procuring 7635
11309+of sellers, purchasers, lessors, or lessees of business 7636
11310+enterprises or business opportu nities or the real property of 7637
11311+another, or leases, or interest therein, including mineral 7638
11312+rights, or who directs or assists in the procuring of prospects 7639
11313+or in the negotiation or closing of any transaction which does, 7640
11314+or is calculated to, result in a sale, exchange, or leasing 7641
11315+thereof, and who receives, expects, or is promised any 7642
11316+compensation or valuable consideration, directly or indirectly 7643
11317+therefor; and all persons who advertise rental property 7644
11318+information or lists. A broker renders a professional servic e 7645
11319+and is a professional within the meaning of s. 95.11(5)(b) s. 7646
11320+95.11(4)(b). Where the term "appraise" or "appraising" appears 7647
11321+in the definition of the term "broker," it specifically excludes 7648
11322+those appraisal services which must be performed only by a 7649
11323+state-licensed or state-certified appraiser, and those appraisal 7650
11324+
11325+CS/HB 1549 2024
11326+
11327+
11328+
11329+CODING: Words stricken are deletions; words underlined are additions.
11330+hb1549-01-c1
11331+Page 307 of 316
11332+FL 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
11333+
11334+
11335+
11336+services which may be performed by a registered trainee 7651
11337+appraiser as defined in part II. The term "broker" also includes 7652
11338+any person who is a general partner, officer, or director of a 7653
11339+partnership or corporation which acts as a broker. The term 7654
11340+"broker" also includes any person or entity who undertakes to 7655
11341+list or sell one or more timeshare periods per year in one or 7656
11342+more timeshare plans on behalf of any number of persons, except 7657
11343+as provided in ss. 4 75.011 and 721.20. 7658
11344+ (j) "Sales associate" means a person who performs any act 7659
11345+specified in the definition of "broker," but who performs such 7660
11346+act under the direction, control, or management of another 7661
11347+person. A sales associate renders a professional servic e and is 7662
11348+a professional within the meaning of s. 95.11(5)(b) s. 7663
11349+95.11(4)(b). 7664
11350+ Section 105. Paragraph (h) of subsection (1) of section 7665
11351+475.611, Florida Statutes, is amended to read: 7666
11352+ 475.611 Definitions. — 7667
11353+ (1) As used in this part, the term: 7668
11354+ (h) "Appraiser" means any person who is a registered 7669
11355+trainee real estate appraiser, a licensed real estate appraiser, 7670
11356+or a certified real estate appraiser. An appraiser renders a 7671
11357+professional service and is a professional within the meaning of 7672
11358+s. 95.11(5)(b) s. 95.11(4)(b). 7673
11359+ Section 106. Subsection (7) of section 517.191, Florida 7674
11360+Statutes, is amended to read: 7675
11361+
11362+CS/HB 1549 2024
11363+
11364+
11365+
11366+CODING: Words stricken are deletions; words underlined are additions.
11367+hb1549-01-c1
11368+Page 308 of 316
11369+FL 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
11370+
11371+
11372+
11373+ 517.191 Injunction to restrain violations; civil 7676
11374+penalties; enforcement by Attorney General. — 7677
11375+ (7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an 7678
11376+enforcement action brought under this section based on a 7679
11377+violation of any provision of this chapter or any rule or order 7680
11378+issued under this chapter shall be brought within 6 years after 7681
11379+the facts giving rise to the cause of action were discovered or 7682
11380+should have been discovered with the exercise of due diligence, 7683
11381+but not more than 8 years after the date such violation 7684
11382+occurred. 7685
11383+ Section 107. Subsection (4) of section 787.061, Florida 7686
11384+Statutes, is amended to read: 7687
11385+ 787.061 Civil actions by victims of human tr afficking.— 7688
11386+ (4) STATUTE OF LIMITATIONS. —The statute of limitations as 7689
11387+specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as 7690
11388+applicable, governs an action brought under this section. 7691
11389+ Section 108. Effective July 1, 2024, for the 2024 -2025 7692
11390+fiscal year, the sum of $30 million in recurring funds from the 7693
11391+General Revenue Fund is appropriated in the Grants and Aids – 7694
11392+Health Care Education Reimbursement and Loan Repayment Program 7695
11393+category to the Department of Health for the Florida 7696
11394+Reimbursement Assistance for Medical Education Program 7697
11395+established in s. 381.402, Florida Statutes. 7698
11396+ Section 109. Effective July 1, 2024, for the 2024 -2025 7699
11397+fiscal year, the sum of $8 million in recurring funds from the 7700
11398+
11399+CS/HB 1549 2024
11400+
11401+
11402+
11403+CODING: Words stricken are deletions; words underlined are additions.
11404+hb1549-01-c1
11405+Page 309 of 316
11406+FL 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
11407+
11408+
11409+
11410+General Revenue Fund is appropriated in the Dental Student Loan 7701
11411+Repayment Program category to the Department of Health for the 7702
11412+Dental Student Loan Repayment Program established in s. 7703
11413+381.4019, Florida Statutes. 7704
11414+ Section 110. Effective July 1, 2024, for the 2024 -2025 7705
11415+fiscal year, the sum of $23,357,876 in recurr ing funds from the 7706
11416+General Revenue Fund is appropriated in the Grants and Aids – 7707
11417+Minority Health Initiatives category to the Department of Health 7708
11418+to expand statewide the telehealth minority maternity care 7709
11419+program established in s. 383.2163, Florida Statute s. The 7710
11420+department shall establish 15 regions in which to implement the 7711
11421+program statewide based on the location of hospitals providing 7712
11422+obstetrics and maternity care and pertinent data from nearby 7713
11423+counties for severe maternal morbidity and maternal mortality . 7714
11424+The department shall identify the criteria for selecting 7715
11425+providers for regional implementation and, at a minimum, 7716
11426+consider the maternal level of care designations for hospitals 7717
11427+within the region, the neonatal intensive care unit levels of 7718
11428+hospitals within the region, and the experience of community -7719
11429+based organizations to screen for and treat common pregnancy -7720
11430+related complications. 7721
11431+ Section 111. Effective July 1, 2024, for the 2024 -2025 7722
11432+fiscal year, the sum of $25 million in recurring funds from the 7723
11433+General Revenue Fund is appropriated to the Agency for Health 7724
11434+Care Administration to implement the Training, Education, and 7725
11435+
11436+CS/HB 1549 2024
11437+
11438+
11439+
11440+CODING: Words stricken are deletions; words underlined are additions.
11441+hb1549-01-c1
11442+Page 310 of 316
11443+FL 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
11444+
11445+
11446+
11447+Clinicals in Health (TEACH) Funding Program established in s. 7726
11448+409.91256, Florida Statutes, as created by this act. 7727
11449+ Section 112. Effective July 1, 2024, for the 2024 -2025 7728
11450+fiscal year, the sum of $2 million in recurring funds from the 7729
11451+General Revenue Fund is appropriated to the University of 7730
11452+Florida, Florida State University, Florida Atlantic University, 7731
11453+and Florida Agricultural and Mec hanical University for the 7732
11454+purpose of implementing lab school articulated health care 7733
11455+programs required by s. 1002.32, Florida Statutes. Each of these 7734
11456+state universities shall receive $500,000 from this 7735
11457+appropriation. 7736
11458+ Section 113. Effective July 1, 202 4, for the 2024-2025 7737
11459+fiscal year, the sum of $5 million in recurring funds from the 7738
11460+General Revenue Fund is appropriated in the Aid to Local 7739
11461+Governments Grants and Aids – Nursing Education category to the 7740
11462+Department of Education for the purpose of implemen ting the 7741
11463+Linking Industry to Nursing Education (LINE) Fund established in 7742
11464+s. 1009.8962, Florida Statutes. 7743
11465+ Section 114. Effective July 1, 2024, for the 2024 -2025 7744
11466+fiscal year, the sums of $21,315,000 in recurring funds from the 7745
11467+General Revenue Fund and $ 28,685,000 in recurring funds from the 7746
11468+Medical Care Trust Fund are appropriated in the Graduate Medical 7747
11469+Education category to the Agency for Health Care Administration 7748
11470+for the Slots for Doctors Program established in s. 409.909, 7749
11471+Florida Statutes. 7750
11472+
11473+CS/HB 1549 2024
11474+
11475+
11476+
11477+CODING: Words stricken are deletions; words underlined are additions.
11478+hb1549-01-c1
11479+Page 311 of 316
11480+FL 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
11481+
11482+
11483+
11484+ Section 115. Effective July 1, 2024, for the 2024 -2025 7751
11485+fiscal year, the sums of $42,630,000 in recurring funds from the 7752
11486+Grants and Donations Trust Fund and $57,370,000 in recurring 7753
11487+funds from the Medical Care Trust Fund are appropriated in the 7754
11488+Graduate Medical Education category to the Agency for Health 7755
11489+Care Administration to provide to statutory teaching hospitals 7756
11490+as defined in s. 408.07(46), Florida Statutes, which provide 7757
11491+highly specialized tertiary care, including comprehensive stroke 7758
11492+and Level 2 adult cardi ovascular services; NICU II and III; and 7759
11493+adult open heart; and which have more than 30 full -time 7760
11494+equivalent (FTE) residents over the Medicare cap in accordance 7761
11495+with the CMS-2552 provider 2021 fiscal year -end federal Centers 7762
11496+for Medicare and Medicaid Servic es Healthcare Cost Report, HCRIS 7763
11497+data extract on December 1, 2022, worksheet E -4, line 6 minus 7764
11498+worksheet E-4, line 5, shall be designated as a High Tertiary 7765
11499+Statutory Teaching Hospital and be eligible for funding 7766
11500+calculated on a per Graduate Medical Educat ion resident-FTE 7767
11501+proportional allocation that shall be in addition to any other 7768
11502+Graduate Medical Education funding. Of these funds, $44,562,400 7769
11503+shall be first distributed to hospitals with greater than 500 7770
11504+unweighted fiscal year 2022 -2023 FTEs. The remaini ng funds shall 7771
11505+be distributed proportionally based on the total unweighted 7772
11506+fiscal year 2022-2023 FTEs. Payments to providers under this 7773
11507+section are contingent upon the nonfederal share being provided 7774
11508+through intergovernmental transfers in the Grants and Do nations 7775
11509+
11510+CS/HB 1549 2024
11511+
11512+
11513+
11514+CODING: Words stricken are deletions; words underlined are additions.
11515+hb1549-01-c1
11516+Page 312 of 316
11517+FL 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
11518+
11519+
11520+
11521+Trust Fund. In the event the funds are not available in the 7776
11522+Grants and Donations Trust Fund, the State of Florida is not 7777
11523+obligated to make payments under this section. 7778
11524+ Section 116. Effective July 1, 2024, for the 2024 -2025 7779
11525+fiscal year, the sums of $57,402,343 in recurring funds from the 7780
11526+General Revenue Fund and $77,250,115 in recurring funds from the 7781
11527+Medical Care Trust Fund are appropriated to the Agency for 7782
11528+Health Care Administration to establish a Pediatric Normal 7783
11529+Newborn, Pediatric Obstetrics , and Adult Obstetrics Diagnosis 7784
11530+Related Grouping (DRG) reimbursement methodology. The fiscal 7785
11531+year 2024-2025 General Appropriations Act shall establish the 7786
11532+DRG reimbursement methodology for hospital inpatient services as 7787
11533+directed in s. 409.905(5)(c), Flori da Statutes. 7788
11534+ Section 117. Effective October 1, 2024, for the 2024 -2025 7789
11535+fiscal year, the sums of $14,888,903 in recurring funds from the 7790
11536+General Revenue Fund and $20,036,979 in recurring funds from the 7791
11537+Medical Care Trust Fund are appropriated to the Age ncy for 7792
11538+Health Care Administration to provide a Medicaid reimbursement 7793
11539+rate increase for dental care services. The funding shall be 7794
11540+held in reserve. The agency shall develop a plan to increase 7795
11541+Medicaid reimbursement rates for preventive dental care service s 7796
11542+by September 1, 2024. The agency may submit a budget amendment 7797
11543+pursuant to chapter 216, Florida Statutes, requesting release of 7798
11544+the funding. The budget amendment must include the final plan to 7799
11545+increase Medicaid reimbursement rates for preventive dental c are 7800
11546+
11547+CS/HB 1549 2024
11548+
11549+
11550+
11551+CODING: Words stricken are deletions; words underlined are additions.
11552+hb1549-01-c1
11553+Page 313 of 316
11554+FL 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
11555+
11556+
11557+
11558+services. Health plans that participate in the Statewide 7801
11559+Medicaid Managed Care program shall pass through the fee 7802
11560+increase to providers in this appropriation. 7803
11561+ Section 118. Effective July 1, 2024, for the 2024 -2025 7804
11562+fiscal year, the sums of $83,456,2 75 in recurring funds from the 7805
11563+General Revenue Fund and $112,312,609 in recurring funds from 7806
11564+the Operations and Maintenance Trust Fund are appropriated in 7807
11565+the Home and Community -Based Services Waiver category to the 7808
11566+Agency for Persons with Disabilities to provide a uniform 7809
11567+iBudget Waiver provider rate increase. 7810
11568+ Section 119. Effective July 1, 2024, for the 2024 -2025 7811
11569+fiscal year, the sum of $11,525,152 in recurring funds from the 7812
11570+General Revenue Fund is appropriated in the Grants and Aids – 7813
11571+Community Mental Health Services category to the Department of 7814
11572+Children and Families to enhance crisis diversion through mobile 7815
11573+response teams established under s. 394.495, Florida Statutes, 7816
11574+by expanding existing or establishing new mobile response teams 7817
11575+to increase access, reduce response times, and ensure coverage 7818
11576+in every county. 7819
11577+ Section 120. Effective July 1, 2024, for the 2024 -2025 7820
11578+fiscal year, the sum of $10 million in recurring funds from the 7821
11579+General Revenue Fund is appropriated to the Department of Health 7822
11580+to implement the Health Care Screening and Services Grant 7823
11581+Program established in s. 381.9855, Florida Statutes, as created 7824
11582+by this act. 7825
11583+
11584+CS/HB 1549 2024
11585+
11586+
11587+
11588+CODING: Words stricken are deletions; words underlined are additions.
11589+hb1549-01-c1
11590+Page 314 of 316
11591+FL 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
11592+
11593+
11594+
11595+ Section 121. Effective July 1, 2024, for the 2024 -2025 7826
11596+fiscal year, the sums of $150,000 in nonrecurring funds from the 7827
11597+General Revenue Fund and $150,000 in nonrecurring funds from the 7828
11598+Medical Care Trust Fund are appropriated to the Agency for 7829
11599+Health Care Administration to contract with a vendor to develop 7830
11600+a reimbursement methodology for covered services at advanced 7831
11601+birth centers. The agency shall submit the reimbursement 7832
11602+methodology and estimated fiscal impact to the Executive Office 7833
11603+of the Governor's Office of Policy and Budget, the chair of the 7834
11604+Senate Appropriations Committee, and the chair of the House 7835
11605+Appropriations Committee no later than December 31, 2024. 7836
11606+ Section 122. Effective October 1, 2024, for the 2024 -2025 7837
11607+fiscal year, the sums of $12,365,771 in recurring funds from the 7838
11608+General Revenue Fund, $127,300 in recurring funds from the 7839
11609+Refugee Assistance Trust Fund, and $16,514,132 in recurring 7840
11610+funds from the Medical Care Trust Fund are appropriated to the 7841
11611+Agency for Health Care Administration to provide a Medicaid 7842
11612+reimbursement rate increase for private duty nursing services 7843
11613+provided by licensed practical nurse s and registered nurses. 7844
11614+Health plans that participate in the Statewide Medicaid Managed 7845
11615+Care program shall pass through the fee increase to providers in 7846
11616+this appropriation. 7847
11617+ Section 123. Effective October 1, 2024, for the 2024 -2025 7848
11618+fiscal year, the sum s of $14,580,660 in recurring funds from the 7849
11619+General Revenue Fund and $19,622,154 in recurring funds from the 7850
11620+
11621+CS/HB 1549 2024
11622+
11623+
11624+
11625+CODING: Words stricken are deletions; words underlined are additions.
11626+hb1549-01-c1
11627+Page 315 of 316
11628+FL 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
11629+
11630+
11631+
11632+Medical Care Trust Fund are appropriated to the Agency for 7851
11633+Health Care Administration to provide a Medicaid reimbursement 7852
11634+rate increase for occupa tional therapy, physical therapy, and 7853
11635+speech therapy providers. Health plans that participate in the 7854
11636+Statewide Medicaid Managed Care program shall pass through the 7855
11637+fee increase to providers in this appropriation. 7856
11638+ Section 124. Effective October 1, 2024, for the 2024-2025 7857
11639+fiscal year, the sums of $5,522,795 in recurring funds from the 7858
11640+General Revenue Fund and $7,432,390 in recurring funds from the 7859
11641+Medical Care Trust Fund are appropriated to the Agency for 7860
11642+Health Care Administration to provide a Medicaid r eimbursement 7861
11643+rate increase for Current Procedural Terminology codes 97153 and 7862
11644+97155 related to behavioral analysis services. Health plans that 7863
11645+participate in the Statewide Medicaid Managed Care program shall 7864
11646+pass through the fee increase to providers in th is 7865
11647+appropriation. 7866
11648+ Section 125. Effective July 1, 2024, for the 2024 -2025 7867
11649+fiscal year, the sums of $585,758 in recurring funds and 7868
11650+$1,673,421 in nonrecurring funds from the General Revenue Fund, 7869
11651+$928,001 in recurring funds and $54,513 in nonrecurring fu nds 7870
11652+from the Health Care Trust Fund, $100,000 in nonrecurring funds 7871
11653+from the Administrative Trust Fund, and $585,758 in recurring 7872
11654+funds and $1,573,421 in nonrecurring funds from the Medical Care 7873
11655+Trust Fund are appropriated to the Agency for Health Care 7874
11656+Administration, and 20 full -time equivalent positions with the 7875
11657+
11658+CS/HB 1549 2024
11659+
11660+
11661+
11662+CODING: Words stricken are deletions; words underlined are additions.
11663+hb1549-01-c1
11664+Page 316 of 316
11665+FL 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
11666+
11667+
11668+
11669+associated salary rate of 1,247,140 are authorized for the 7876
11670+purpose of implementing this act. 7877
11671+ Section 126. Effective July 1, 2024, for the 2024 -2025 7878
11672+fiscal year, the sums of $2,389,146 in recur ring funds and 7879
11673+$1,190,611 in nonrecurring funds from the General Revenue Fund 7880
11674+and $1,041,578 in recurring funds and $287,633 in nonrecurring 7881
11675+funds from the Medical Quality Assurance Trust Fund are 7882
11676+appropriated to the Department of Health, and 25 full -time 7883
11677+equivalent positions with the associated salary rate of 7884
11678+1,739,740, are authorized for the purpose of implementing this 7885
11679+act. 7886
11680+ Section 127. Except as otherwise expressly provided in 7887
11681+this act, this act shall take effect upon becoming a law. 7888