Florida 2024 2024 Regular Session

Florida Senate Bill S1600 Comm Sub / Bill

Filed 02/29/2024

 Florida Senate - 2024 CS for SB 1600  By the Committee on Fiscal Policy; and Senator Collins 594-03830-24 20241600c1 1 A bill to be entitled 2 An act relating to interstate mobility; creating s. 3 455.2135, F.S.; requiring the respective boards of 4 occupations, or the Department of Business and 5 Professional Regulation if there is no board, to allow 6 licensure by endorsement if applicant meets certain 7 criteria; requiring applicants of professions that 8 require fingerprints for criminal history checks to 9 submit such fingerprints before the board or 10 department issues a license by endorsement; requiring 11 the department, and authorizing the board, as 12 applicable, to review the results of the criminal 13 history checks according to specified criteria to 14 determine if the applicants meet the requirements for 15 licensure; requiring that the costs associated with 16 fingerprint processing be borne by the applicant; if 17 fingerprints are submitted through an authorized 18 agency or vendor, requiring such agency or vendor to 19 collect the processing fees and remit them to the 20 Department of Law Enforcement; providing an exception; 21 creating s. 456.0145, F.S.; providing a short title; 22 requiring the applicable health care regulatory 23 boards, or the Department of Health if there is no 24 board, to issue a license or certificate to applicants 25 who meet specified conditions; defining the term 26 scope of practice; requiring the department to 27 verify certain information using the National 28 Practitioner Data Bank, as applicable; specifying 29 circumstances under which a person is ineligible for a 30 license; authorizing boards or the department, as 31 applicable, to revoke a license upon a specified 32 finding; requiring boards or the department, as 33 applicable, to issue licenses to qualified applicants 34 within a specified timeframe; authorizing boards or 35 the department, as applicable, to require that 36 applicants successfully complete a jurisprudential 37 examination under certain circumstances; requiring the 38 department to submit an annual report to the Governor 39 and the Legislature by a specified date; providing 40 requirements for the report; requiring the boards or 41 the department, as applicable, to adopt certain rules 42 within a specified timeframe; amending ss. 457.105, 43 458.313, 464.009, 464.203, 465.0075, 467.0125, 44 468.1185, 468.1705, 468.209, 468.213, 468.513, 478.47, 45 480.041, 484.007, 486.081, 486.107, 490.006, and 46 491.006, F.S.; revising licensure by endorsement 47 requirements for the practice of acupuncture, 48 medicine, professional or practical nursing, certified 49 nursing, pharmacy, midwifery, speech-language 50 pathology and audiology, nursing home administration, 51 occupational therapy, dietetics and nutrition, 52 electrology, massage therapy, opticianry, physical 53 therapy, physical therapist assistantship, psychology 54 and school psychology, and clinical social work, 55 marriage and family therapy, and mental health 56 counseling, respectively; amending ss. 486.031 and 57 486.102, F.S.; conforming provisions to changes made 58 by the act; authorizing the boards or the Department 59 of Health, as applicable, to continue processing 60 applications for licensure by endorsement, as 61 authorized under the Florida Statutes (2023), for a 62 specified timeframe; providing an effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1.Section 455.2135, Florida Statutes, is created 67 to read: 68 455.2135Interstate mobility. 69 (1)When endorsement based on years of licensure is not 70 otherwise provided by law in the practice act for a profession, 71 the board, or the department if there is no board, shall allow 72 licensure by endorsement for any individual applying who: 73 (a)Has held a valid, current license to practice the 74 profession issued by another state or territory of the United 75 States for at least 5 years before the date of application and 76 is applying for the same or similar license in this state; 77 (b)Submits an application either when the license in 78 another state or territory is active or within 2 years after 79 such license was last active; 80 (c)Has passed the recognized national licensing exam, if 81 such exam is established as a requirement for licensure in the 82 profession; 83 (d)Has no pending disciplinary actions and all sanctions 84 of any prior disciplinary actions have been satisfied; 85 (e)Shows proof of compliance with any federal regulation, 86 training, or certification, if the board or the department 87 requires such proof, regarding licensure in the profession; 88 (f)Completes Florida-specific continuing education courses 89 or passes a jurisprudential examination specific to the state 90 laws and rules for the applicable profession as established by 91 the board or department; and 92 (g)Complies with any insurance or bonding requirements as 93 required for the profession. 94 (2)If the practice act for a profession requires the 95 submission of fingerprints, the applicant must submit a complete 96 set of fingerprints to the Department of Law Enforcement for a 97 statewide criminal history check. The Department of Law 98 Enforcement shall forward the fingerprints to the Federal Bureau 99 of Investigation for a national criminal history check. The 100 department shall, and the board may, review the results of the 101 criminal history checks according to the level 2 screening 102 standards in s. 435.04 and determine whether the applicant meets 103 the licensure requirements. The costs of fingerprint processing 104 are borne by the applicant. If the applicants fingerprints are 105 submitted through an authorized agency or vendor, the agency or 106 vendor must collect the required processing fees and remit the 107 fees to the Department of Law Enforcement. 108 (3)This section does not apply to harbor pilots licensed 109 under chapter 310. 110 Section 2.Section 456.0145, Florida Statutes, is created 111 to read: 112 456.0145Mobile Opportunity by Interstate Licensure 113 Endorsement (MOBILE) Act. 114 (1)SHORT TITLE.This section may be cited as the Mobile 115 Opportunity by Interstate Licensure Endorsement Act or the 116 MOBILE Act. 117 (2)LICENSURE BY ENDORSEMENT. 118 (a)An applicable board, or the department if there is no 119 board, shall issue a license to practice in this state to an 120 applicant who meets all of the following criteria: 121 1.Submits a complete application. 122 2.Holds an active, unencumbered license issued by another 123 state, the District of Columbia, or a territory of the United 124 States in a profession with a similar scope of practice, as 125 determined by the board or department, as applicable. The term 126 scope of practice means the full spectrum of functions, 127 procedures, actions, and services that a health care 128 practitioner is deemed competent and authorized to perform under 129 a license issued in this state. 130 3.a.Has obtained a passing score on a national licensure 131 examination or holds a national certification recognized by the 132 board, or the department if there is no board, as applicable to 133 the profession for which the applicant is seeking licensure in 134 this state; or 135 b.Meets the requirements of paragraph (b). 136 4.Has actively practiced the profession for which the 137 applicant is applying for at least 3 years during the 4-year 138 period immediately preceding the date of submission of the 139 application. 140 5.Attests that he or she is not, at the time of submission 141 of the application, the subject of a disciplinary proceeding in 142 a jurisdiction in which he or she holds a license or by the 143 United States Department of Defense for reasons related to the 144 practice of the profession for which he or she is applying. 145 6.Has not had disciplinary action taken against him or her 146 in the 5 years immediately preceding the date of submission of 147 the application. 148 7.Meets the financial responsibility requirements of s. 149 456.048 or the applicable practice act, if required for the 150 profession for which the applicant is seeking licensure. 151 8.Submits a set of fingerprints for a background screening 152 pursuant to s. 456.0135, if required for the profession for 153 which he or she is applying. 154 155 The department shall verify information submitted by the 156 applicant under this subsection using the National Practitioner 157 Data Bank, as applicable. 158 (b)An applicant for a profession that does not require a 159 national examination or national certification is eligible for 160 licensure if an applicable board, or the department if there is 161 no board, determines that the jurisdiction in which the 162 applicant currently holds an active, unencumbered license meets 163 established minimum education requirements and, if applicable, 164 examination, work experience, and clinical supervision 165 requirements that are substantially similar to the requirements 166 for licensure in that profession in this state. 167 (c)A person is ineligible for a license under this section 168 if the he or she: 169 1.Has a complaint, an allegation, or an investigation 170 pending before a licensing entity in another state, the District 171 of Columbia, or a possession or territory of the United States; 172 2.Has been convicted of or pled nolo contendere to, 173 regardless of adjudication, any felony or misdemeanor related to 174 the practice of a health care profession; 175 3.Has had a health care provider license revoked or 176 suspended by another state, the District of Columbia, or a 177 territory of the United States, or has voluntarily surrendered 178 any such license in lieu of having disciplinary action taken 179 against the license; or 180 4.Has been reported to the National Practitioner Data 181 Bank, unless the applicant has successfully appealed to have his 182 or her name removed from the data bank. 183 (d)The board, or the department if there is no board, may 184 revoke a license upon finding that the licensee provided false 185 or misleading material information or intentionally omitted 186 material information in an application for licensure. 187 (e)The board, or the department if there is no board, 188 shall issue a license to a qualified applicant within 7 days 189 after receipt of all documentation required for an application. 190 (3)STATE EXAMINATION.The board, or the department if 191 there is no board, may require an applicant to successfully 192 complete a jurisprudential examination specific to state laws 193 and rules that regulate the applicable profession, if this 194 chapter or the applicable practice act requires such 195 examination. 196 (4)ANNUAL REPORT.By December 31 of each year, the 197 department shall submit a report to the Governor, the President 198 of the Senate, and the Speaker of the House of Representatives 199 which provides all of the following information for the previous 200 fiscal year, distinguished by profession: 201 (a)The number of applications for licensure received under 202 this section. 203 (b)The number of licenses issued under this section. 204 (c)The number of applications submitted under this section 205 which were denied and the reason for such denials. 206 (d)The number of complaints, investigations, or other 207 disciplinary actions taken against health care practitioners who 208 are licensed under this section. 209 (5)RULES.Each applicable board, or the department if 210 there is no board, shall adopt rules to implement this section 211 within 6 months after this sections effective date, including 212 rules relating to legislative intent under s. 456.025(1) and the 213 requirements of s. 456.025(3). 214 Section 3.Paragraph (c) of subsection (2) of section 215 457.105, Florida Statutes, is amended to read: 216 457.105Licensure qualifications and fees. 217 (2)A person may become licensed to practice acupuncture if 218 the person applies to the department and: 219 (c)Has successfully completed a board-approved national 220 certification process, meets the requirements for licensure by 221 endorsement under s. 456.0145 is actively licensed in a state 222 that has examination requirements that are substantially 223 equivalent to or more stringent than those of this state, or 224 passes an examination administered by the department, which 225 examination tests the applicants competency and knowledge of 226 the practice of acupuncture and oriental medicine. At the 227 request of any applicant, oriental nomenclature for the points 228 shall be used in the examination. The examination shall include 229 a practical examination of the knowledge and skills required to 230 practice modern and traditional acupuncture and oriental 231 medicine, covering diagnostic and treatment techniques and 232 procedures; and 233 Section 4.Section 458.313, Florida Statutes, is amended to 234 read: 235 (Substantial rewording of section. See 236 s. 458.313, F.S., for present text.) 237 458.313Licensure by endorsement; requirements; fees.The 238 department shall issue a license by endorsement to any applicant 239 who, upon applying to the department on forms furnished by the 240 department and remitting a fee set by the board in an amount not 241 to exceed $500, the board certifies has met the requirements for 242 licensure by endorsement under s. 456.0145. 243 Section 5.Section 464.009, Florida Statutes, is amended to 244 read: 245 (Substantial rewording of section. See 246 s. 464.009, F.S., for present text.) 247 464.009Licensure by endorsement. 248 (1)The department shall issue the appropriate license by 249 endorsement to practice professional or practical nursing to any 250 applicant who, upon applying to the department and remitting a 251 fee set by the board in an amount not to exceed $100, 252 demonstrates to the board that he or she meets the requirements 253 for licensure by endorsement under s. 456.0145. 254 (2)A person holding an active multistate license in 255 another state pursuant to s. 464.0095 is exempt from the 256 requirements for licensure by endorsement in this section. 257 Section 6.Paragraph (c) of subsection (1) of section 258 464.203, Florida Statutes, is amended to read: 259 464.203Certified nursing assistants; certification 260 requirement. 261 (1)The board shall issue a certificate to practice as a 262 certified nursing assistant to any person who demonstrates a 263 minimum competency to read and write and successfully passes the 264 required background screening pursuant to s. 400.215. If the 265 person has successfully passed the required background screening 266 pursuant to s. 400.215 or s. 408.809 within 90 days before 267 applying for a certificate to practice and the persons 268 background screening results are not retained in the 269 clearinghouse created under s. 435.12, the board shall waive the 270 requirement that the applicant successfully pass an additional 271 background screening pursuant to s. 400.215. The person must 272 also meet one of the following requirements: 273 (c)Has been deemed by the board as eligible for licensure 274 by endorsement under s. 456.0145 Is currently certified in 275 another state or territory of the United States or in the 276 District of Columbia; is listed on that jurisdictions certified 277 nursing assistant registry; and has not been found to have 278 committed abuse, neglect, or exploitation in that jurisdiction. 279 Section 7.Section 465.0075, Florida Statutes, is amended 280 to read: 281 (Substantial rewording of section. See 282 s. 465.0075, F.S., for present text.) 283 465.0075Licensure by endorsement; requirements; fee.The 284 department shall issue a license by endorsement to any applicant 285 who, upon applying to the department and remitting a 286 nonrefundable fee set by the board in an amount not to exceed 287 $100, the board certifies has met the requirements for licensure 288 by endorsement under s. 456.0145. 289 Section 8.Subsection (1) of section 467.0125, Florida 290 Statutes, is amended to read: 291 467.0125Licensed midwives; qualifications; endorsement; 292 temporary certificates. 293 (1)The department shall issue a license by endorsement to 294 practice midwifery to an applicant who, upon applying to the 295 department, demonstrates to the department that she or he meets 296 all of the requirements for licensure by endorsement under s. 297 456.0145, following criteria: 298 (a)Holds an active, unencumbered license to practice 299 midwifery in another state, jurisdiction, or territory, provided 300 the licensing requirements of that state, jurisdiction, or 301 territory at the time the license was issued were substantially 302 equivalent to or exceeded those established under this chapter 303 and the rules adopted hereunder. 304 (b)Has successfully completed a prelicensure course 305 conducted by an accredited and approved midwifery program. 306 (c)submits an application for licensure on a form approved 307 by the department, and pays the appropriate fee. 308 Section 9.Subsections (3) and (4) of section 468.1185, 309 Florida Statutes, are amended to read: 310 468.1185Licensure. 311 (3)The board shall certify as qualified for a license by 312 endorsement as a speech-language pathologist or audiologist an 313 applicant who: 314 (a)Holds a valid license or certificate in another state 315 or territory of the United States to practice the profession for 316 which the application for licensure is made, if the criteria for 317 issuance of such license were substantially equivalent to or 318 more stringent than the licensure criteria which existed in this 319 state at the time the license was issued; or 320 (b)Holds a valid certificate of clinical competence of the 321 American Speech-Language and Hearing Association or board 322 certification in audiology from the American Board of Audiology. 323 (3)(4)The board may refuse to certify any person applying 324 for licensure under this section applicant who is under 325 investigation in any jurisdiction for an act which would 326 constitute a violation of this part or chapter 456 until the 327 investigation is complete and disciplinary proceedings have been 328 terminated. 329 Section 10.Subsections (1), (2), and (3) of section 330 468.1705, Florida Statutes, are amended to read: 331 468.1705Licensure by endorsement; temporary license. 332 (1)The department shall issue a license by endorsement to 333 any applicant who, upon applying to the department and remitting 334 a fee set by the board not to exceed $500, demonstrates to the 335 board that he or she meets the requirements for licensure by 336 endorsement under s. 456.0145: 337 (a)Meets one of the following requirements: 338 1.Holds a valid active license to practice nursing home 339 administration in another state of the United States, provided 340 that the current requirements for licensure in that state are 341 substantially equivalent to, or more stringent than, current 342 requirements in this state; or 343 2.Meets the qualifications for licensure in s. 468.1695; 344 and 345 (b)1.Has successfully completed a national examination 346 which is substantially equivalent to, or more stringent than, 347 the examination given by the department; 348 2.Has passed an examination on the laws and rules of this 349 state governing the administration of nursing homes; and 350 3.Has worked as a fully licensed nursing home 351 administrator for 2 years within the 5-year period immediately 352 preceding the application by endorsement. 353 (2)National examinations for licensure as a nursing home 354 administrator shall be presumed to be substantially equivalent 355 to, or more stringent than, the examination and requirements in 356 this state, unless found otherwise by rule of the board. 357 (2)(3)The department may shall not issue a license by 358 endorsement or a temporary license to any applicant who is under 359 investigation in this or another state for any act which would 360 constitute a violation of this part until such time as the 361 investigation is complete and disciplinary proceedings have been 362 terminated. 363 Section 11.Subsection (3) of section 468.209, Florida 364 Statutes, is amended to read: 365 468.209Requirements for licensure. 366 (3)If the board determines that an applicant is qualified 367 to be licensed by endorsement under s. 456.0145 s. 468.213, the 368 board may issue the applicant a temporary permit to practice 369 occupational therapy until the next board meeting at which 370 license applications are to be considered, but not for a longer 371 period of time. Only one temporary permit by endorsement shall 372 be issued to an applicant, and it shall not be renewable. 373 Section 12.Section 468.213, Florida Statutes, is amended 374 to read: 375 468.213Licensure by endorsement; waiver of examination 376 requirement. 377 (1)The board may waive the examination and grant a license 378 to any person who meets the requirements for licensure by 379 endorsement under s. 456.0145 presents proof of current 380 certification as an occupational therapist or occupational 381 therapy assistant by a national certifying organization if the 382 board determines the requirements for such certification to be 383 equivalent to the requirements for licensure in this act. 384 (2)The board may waive the examination and grant a license 385 to any applicant who presents proof of current licensure as an 386 occupational therapist or occupational therapy assistant in a 387 another state, the District of Columbia, or any territory or 388 jurisdiction of the United States or foreign national 389 jurisdiction which requires standards for licensure determined 390 by the board to be equivalent to the requirements for licensure 391 in this part act. 392 Section 13.Section 468.513, Florida Statutes, is amended 393 to read: 394 468.513Dietitian/nutritionist; licensure by endorsement. 395 (1)The department shall issue a license to practice 396 dietetics and nutrition by endorsement to any applicant who 397 meets the requirements for licensure by endorsement under s. 398 456.0145 the board certifies as qualified, upon receipt of a 399 completed application and the fee specified in s. 468.508. 400 (2)The board shall certify as qualified for licensure by 401 endorsement under this section any applicant who: 402 (a)Presents evidence satisfactory to the board that he or 403 she is a registered dietitian; or 404 (b)Holds a valid license to practice dietetics or 405 nutrition issued by another state, district, or territory of the 406 United States, if the criteria for issuance of such license are 407 determined by the board to be substantially equivalent to or 408 more stringent than those of this state. 409 (3)The department shall not issue a license by endorsement 410 under this section to any applicant who is under investigation 411 in any jurisdiction for any act which would constitute a 412 violation of this part or chapter 456 until such time as the 413 investigation is complete and disciplinary proceedings have been 414 terminated. 415 Section 14.Section 478.47, Florida Statutes, is amended to 416 read: 417 478.47Licensure by endorsement.The department shall issue 418 a license by endorsement to any applicant who, upon submitting 419 submits an application and the required fees as set forth in s. 420 478.55, demonstrates to the board that he or she meets the 421 requirements for licensure by endorsement under s. 456.0145 and 422 who holds an active license or other authority to practice 423 electrology in a jurisdiction whose licensure requirements are 424 determined by the board to be equivalent to the requirements for 425 licensure in this state. 426 Section 15.Paragraph (c) of subsection (5) of section 427 480.041, Florida Statutes, is amended to read: 428 480.041Massage therapists; qualifications; licensure; 429 endorsement. 430 (5)The board shall adopt rules: 431 (c)Specifying licensing procedures for practitioners 432 desiring to be licensed in this state who meet the requirements 433 for licensure by endorsement under s. 456.0145 or hold an active 434 license and have practiced in any other state, territory, or 435 jurisdiction of the United States or any foreign national 436 jurisdiction which has licensing standards substantially similar 437 to, equivalent to, or more stringent than the standards of this 438 state. 439 Section 16.Present subsections (3) and (4) of section 440 484.007, Florida Statutes, are redesignated as subsections (4) 441 and (5), respectively, a new subsection (3) is added to that 442 section, and subsection (1) of that section is amended, to read: 443 484.007Licensure of opticians; permitting of optical 444 establishments. 445 (1)Any person desiring to practice opticianry shall apply 446 to the department, upon forms prescribed by it, to take a 447 licensure examination. The department shall examine each 448 applicant who the board certifies meets all of the following 449 criteria: 450 (a)Has completed the application form and remitted a 451 nonrefundable application fee set by the board, in the amount of 452 $100 or less, and an examination fee set by the board, in the 453 amount of $325 plus the actual per applicant cost to the 454 department for purchase of portions of the examination from the 455 American Board of Opticianry or a similar national organization, 456 or less, and refundable if the board finds the applicant 457 ineligible to take the examination.; 458 (b)Is not younger less than 18 years of age.; 459 (c)Is a graduate of an accredited high school or possesses 460 a certificate of equivalency of a high school education.; and 461 (d)1.Has received an associate degree, or its equivalent, 462 in opticianry from an educational institution the curriculum of 463 which is accredited by an accrediting agency recognized and 464 approved by the United States Department of Education or the 465 Council on Postsecondary Education or approved by the board; 466 2.Is an individual licensed to practice the profession of 467 opticianry pursuant to a regulatory licensing law of another 468 state, territory, or jurisdiction of the United States, who has 469 actively practiced in such other state, territory, or 470 jurisdiction for more than 3 years immediately preceding 471 application, and who meets the examination qualifications as 472 provided in this subsection; 473 3.Is an individual who has actively practiced in another 474 state, territory, or jurisdiction of the United States for more 475 than 5 years immediately preceding application and who provides 476 tax or business records, affidavits, or other satisfactory 477 documentation of such practice and who meets the examination 478 qualifications as provided in this subsection; or 479 2.4.Has registered as an apprentice with the department 480 and paid a registration fee not to exceed $60, as set by rule of 481 the board. The apprentice shall complete 6,240 hours of training 482 under the supervision of an optician licensed in this state for 483 at least 1 year or of a physician or optometrist licensed under 484 the laws of this state. These requirements must be met within 5 485 years after the date of registration. However, any time spent in 486 a recognized school may be considered as part of the 487 apprenticeship program provided herein. The board may establish 488 administrative processing fees sufficient to cover the cost of 489 administering apprentice rules as promulgated by the board. 490 (3)The board shall certify to the department for licensure 491 by endorsement any applicant who meets the requirements for 492 licensure by endorsement under s. 456.0145. 493 Section 17.Section 486.081, Florida Statutes, is amended 494 to read: 495 486.081Physical therapist; issuance of license by 496 endorsement; issuance of license without examination to person 497 passing examination of another authorized examining board in a 498 foreign country; fee. 499 (1)The board may cause a license by endorsement to be 500 issued through the department without examination to any 501 applicant who meets the requirements for licensure by 502 endorsement under s. 456.0145 or, without examination, to any 503 applicant who presents evidence satisfactory to the board of 504 having passed the American Registry Examination prior to 1971 or 505 an examination in physical therapy before a similar lawfully 506 authorized examining board of another state, the District of 507 Columbia, a territory, or a foreign country, if the standards 508 for licensure in physical therapy in such other state, district, 509 territory, or foreign country are determined by the board to be 510 as high as those of this state, as established by rules adopted 511 pursuant to this chapter. Any person who holds a license 512 pursuant to this section may use the words physical therapist 513 or physiotherapist or the letters P.T. in connection with 514 her or his name or place of business to denote her or his 515 licensure hereunder. A person who holds a license pursuant to 516 this section and obtains a doctoral degree in physical therapy 517 may use the letters D.P.T. and P.T. A physical therapist who 518 holds a degree of Doctor of Physical Therapy may not use the 519 title doctor without also clearly informing the public of his 520 or her profession as a physical therapist. 521 (2)At the time of making application for licensure under 522 without examination pursuant to the terms of this section, the 523 applicant shall pay to the department a nonrefundable fee set by 524 the board in an amount not to exceed $175 as fixed by the board, 525 no part of which will be returned. 526 Section 18.Section 486.107, Florida Statutes, is amended 527 to read: 528 486.107Physical therapist assistant; issuance of license 529 by endorsement without examination to person licensed in another 530 jurisdiction; fee. 531 (1)The board may cause a license by endorsement to be 532 issued through the department without examination to any 533 applicant who presents evidence to the board, under oath, of 534 meeting the requirements for licensure by endorsement under s. 535 456.0145 licensure in another state, the District of Columbia, 536 or a territory, if the standards for registering as a physical 537 therapist assistant or licensing of a physical therapist 538 assistant, as the case may be, in such other state are 539 determined by the board to be as high as those of this state, as 540 established by rules adopted pursuant to this chapter. Any 541 person who holds a license pursuant to this section may use the 542 words physical therapist assistant, or the letters P.T.A., 543 in connection with her or his name to denote licensure 544 hereunder. 545 (2)At the time of making application for licensure by 546 endorsement under licensing without examination pursuant to the 547 terms of this section, the applicant shall pay to the department 548 a nonrefundable fee set by the board in an amount not to exceed 549 $175 as fixed by the board, no part of which will be returned. 550 Section 19.Subsections (1), (2), and (3) of section 551 490.006, Florida Statutes, are amended to read: 552 490.006Licensure by endorsement. 553 (1)The department shall license a person as a psychologist 554 or school psychologist who, upon applying to the department and 555 remitting the appropriate fee, demonstrates to the department 556 or, in the case of psychologists, to the board that the 557 applicant meets the requirements for licensure by endorsement 558 under s. 456.0145: 559 (a)Is a diplomate in good standing with the American Board 560 of Professional Psychology, Inc.; or 561 (b)Possesses a doctoral degree in psychology and has at 562 least 10 years of experience as a licensed psychologist in any 563 jurisdiction or territory of the United States within the 25 564 years preceding the date of application. 565 (2)In addition to meeting the requirements for licensure 566 set forth in subsection (1), an applicant must pass that portion 567 of the psychology or school psychology licensure examinations 568 pertaining to the laws and rules related to the practice of 569 psychology or school psychology in this state before the 570 department may issue a license to the applicant. 571 (3)The department shall not issue a license by endorsement 572 to any applicant who is under investigation in this or another 573 jurisdiction for an act which would constitute a violation of 574 this chapter until such time as the investigation is complete, 575 at which time the provisions of s. 490.009 shall apply. 576 Section 20.Subsections (1) and (2) of section 491.006, 577 Florida Statutes, are amended to read: 578 491.006Licensure or certification by endorsement. 579 (1)The department shall license or grant a certificate to 580 a person in a profession regulated by this chapter who, upon 581 applying to the department and remitting the appropriate fee, 582 demonstrates to the board that he or she meets the requirements 583 for licensure by endorsement under s. 456.0145: 584 (a)Has demonstrated, in a manner designated by rule of the 585 board, knowledge of the laws and rules governing the practice of 586 clinical social work, marriage and family therapy, and mental 587 health counseling. 588 (b)1.Holds an active valid license to practice and has 589 actively practiced the licensed profession in another state for 590 3 of the last 5 years immediately preceding licensure; 591 2.Has passed a substantially equivalent licensing 592 examination in another state or has passed the licensure 593 examination in this state in the profession for which the 594 applicant seeks licensure; and 595 3.Holds a license in good standing, is not under 596 investigation for an act that would constitute a violation of 597 this chapter, and has not been found to have committed any act 598 that would constitute a violation of this chapter. 599 (2)The fees paid by any applicant for certification as a 600 master social worker under this section are nonrefundable. 601 (2)The department shall not issue a license or certificate 602 by endorsement to any applicant who is under investigation in 603 this or another jurisdiction for an act which would constitute a 604 violation of this chapter until such time as the investigation 605 is complete, at which time the provisions of s. 491.009 shall 606 apply. 607 Section 21.Subsection (3) of section 486.031, Florida 608 Statutes, is amended to read: 609 486.031Physical therapist; licensing requirements.To be 610 eligible for licensing as a physical therapist, an applicant 611 must: 612 (3)(a)Have been graduated from a school of physical 613 therapy which has been approved for the educational preparation 614 of physical therapists by the appropriate accrediting agency 615 recognized by the Commission on Recognition of Postsecondary 616 Accreditation or the United States Department of Education at 617 the time of her or his graduation and have passed, to the 618 satisfaction of the board, the American Registry Examination 619 prior to 1971 or a national examination approved by the board to 620 determine her or his fitness for practice as a physical 621 therapist as hereinafter provided; 622 (b)Have received a diploma from a program in physical 623 therapy in a foreign country and have educational credentials 624 deemed equivalent to those required for the educational 625 preparation of physical therapists in this country, as 626 recognized by the appropriate agency as identified by the board, 627 and have passed to the satisfaction of the board an examination 628 to determine her or his fitness for practice as a physical 629 therapist as hereinafter provided; or 630 (c)Be entitled to licensure by endorsement or without 631 examination as provided in s. 486.081. 632 Section 22.Subsection (3) of section 486.102, Florida 633 Statutes, is amended to read: 634 486.102Physical therapist assistant; licensing 635 requirements.To be eligible for licensing by the board as a 636 physical therapist assistant, an applicant must: 637 (3)(a)Have been graduated from a school giving a course of 638 not less than 2 years for physical therapist assistants, which 639 has been approved for the educational preparation of physical 640 therapist assistants by the appropriate accrediting agency 641 recognized by the Commission on Recognition of Postsecondary 642 Accreditation or the United States Department of Education, at 643 the time of her or his graduation and have passed to the 644 satisfaction of the board an examination to determine her or his 645 fitness for practice as a physical therapist assistant as 646 hereinafter provided; 647 (b)Have been graduated from a school giving a course for 648 physical therapist assistants in a foreign country and have 649 educational credentials deemed equivalent to those required for 650 the educational preparation of physical therapist assistants in 651 this country, as recognized by the appropriate agency as 652 identified by the board, and passed to the satisfaction of the 653 board an examination to determine her or his fitness for 654 practice as a physical therapist assistant as hereinafter 655 provided; 656 (c)Be entitled to licensure by endorsement without 657 examination as provided in s. 486.107; or 658 (d)Have been enrolled between July 1, 2014, and July 1, 659 2016, in a physical therapist assistant school in this state 660 which was accredited at the time of enrollment; and 661 1.Have been graduated or be eligible to graduate from such 662 school no later than July 1, 2018; and 663 2.Have passed to the satisfaction of the board an 664 examination to determine his or her fitness for practice as a 665 physical therapist assistant as provided in s. 486.104. 666 Section 23.Notwithstanding the changes made to the Florida 667 Statutes (2023) by this act, a board as defined in s. 456.001, 668 Florida Statutes, or the Department of Health, as applicable, 669 may continue processing applications for licensure by 670 endorsement as authorized under the Florida Statutes (2023) 671 until the rules adopted by such board or the department to 672 implement the changes made by this act take effect or until 6 673 months after the effective date of this act, whichever occurs 674 first. 675 Section 24.This act shall take effect July 1, 2024.