Practitioner Legislative Updates

HIV Infection Prevention Drugs
HB 159 Effective Date: July 1, 2024

Summary: The bill authorizes certified pharmacists to screen adults for HIV exposure and provide results to such adults, with advice to seek further medical consultation or treatment from a physician. Licensed pharmacists may also dispense preexposure prophylaxis drugs pursuant to a valid prescription.

The bill allows certified pharmacists to order and dispense HIV postexposure prophylaxis drugs under a written collaborative practice agreement with a licensed physician and details specific requirements for these agreements. The bill details the certification process for pharmacists to dispense postexposure drugs, including educational and liability coverage requirements.

The bill requires participating pharmacies to submit an annual access-to-care plan to the Board of Pharmacy and the Department of Health to ensure patients have access to primary care, specifies requirements for access-to-care plans, and authorizes penalties for non-compliance.

Health Care Practitioners and Massage Therapy
HB 197 Effective Date: July 1, 2024

Summary: The bill amends quorum requirements for the Board of Massage Therapy to be a majority of current membership and requires the Department of Health (Department) to include specific data on massage therapists and establishments in their annual report.

The bill authorizes the Department to issue an emergency suspension order, suspending the license of massage therapists and establishments upon receipt of information that the therapist, designated establishment managers, or employees have been arrested for their involvement in certain crimes.

The bill also establishes new grounds for emergency suspension that broadly applies to all health care practitioners and requires the Department to issue an emergency order suspending the license of any licensee upon a finding that probable cause exists to believe that the licensee has committed sexual misconduct.

The bill revises definitions relevant to the operation of massage establishments, including “employee,” “designated establishment manager,” “sexual activity,” and “advertising medium.”

The bill amends massage establishment requirements related to sexual activity prohibition, prohibited conduct and devices, window transparency, signage, employee dress code, and the maintenance and display of employee and customer records. The bill specifies advertising requirements for massage therapists and establishments and prohibits advertisements related to prostitution services. The bill also prohibits massage establishments from being used as a principal or temporary domicile, as a shelter or harbor, or be used as sleeping or napping quarters for any person unless the establishment is zoned for residential use under a local ordinance.

The bill requires Department investigators to request valid government identification from all employees while in a massage establishment and requires the Department to notify a federal immigration office if they fail to do so. The bill also specifies the documents operators of massage establishments must provide to Department investigators and law enforcement officers upon request. The bill provides that massage establishments in violation of new regulations are a nuisance, subject to abatement or injunction.

Emergency Refills of Insulin and Insulin-Related Supplies or Equipment
HB 201 Effective Date: July 1, 2024

Summary: The bill expands current law on emergency prescription refills by authorizing a pharmacist to dispense an emergency refill of insulin and insulin-related supplies or equipment to treat diabetes up to three nonconsecutive times per calendar year if the pharmacist is unable to readily obtain refill authorization from a prescriber.

Dental Services
HB 855 Effective Date: July 1, 2024

Summary: The bill revises existing standards for the practice of dentistry to include a definition for digital scanning and establishes new requirements that specifically apply to providers using telehealth to provide dental services to patients.  

The bill requires any partnership, corporation, or other business entity that advertises dental services to designate a dentist of record with the Board of Dentistry. The bill also requires every dentist to provide each patient with the dentist’s name, contact telephone number, after-hours contact information for emergencies, and license information. The bill provides that failure to do so constitutes grounds for discipline. 

The bill requires advertisements for certain dental services provided through telehealth to include a disclaimer.   

The bill establishes the requirement that a dentist perform an in-person examination of a patient, or review records of an in-person examination of the patient performed within the last 12 months, before making an initial diagnosis and correction of a malposition of teeth or the initial use of an orthodontic appliance. Further, the bill provides that failing to adhere to this requirement constitutes grounds for discipline.

Short-Acting Bronchodilator Use in Public and Private Schools
HB 883 Effective Date: July 1, 2024

Summary: The bill amends Florida Statutes to authorize public and private school students with asthma to carry and use short-acting bronchodilators and their components and allows public and private schools to acquire, stock, and administer these medications under specific protocols. The bill defines terms related to asthma, short-acting bronchodilators, and their administration.

The bill permits authorized health care practitioners to prescribe short-acting bronchodilators and components in the name of a public or private school for use under this act, authorizes licensed pharmacists to dispense short-acting bronchodilators and components pursuant to a prescription issued in the name of a public or private school, exempts a dispensing health care practitioner or pharmacists from disciplinary action under any professional licensure statute or rule, and provides immunity from civil or criminal liability for school personnel and health care practitioners involved in prescribing or administering these medications in accordance with the act.

The bill authorizes schools to acquire and maintain a stock of short-acting bronchodilators and components for emergency use and requires schools to adopt protocols for the administration of short-acting bronchodilators to students, developed by a licensed physician. The bill requires schools to notify parents about the adopted protocols and obtain prior permission to administer these medications to their children. The bill allows trained school personnel to administer short-acting bronchodilators to students in respiratory distress, with or without a prior asthma diagnosis or prescription.

Home Health Care Services
HB 935 Effective Date: July 1, 2024

Summary: The bill expands eligibility for ordering Medicaid home health services to include advanced practice registered nurses (APRNs) and physician assistants (PAs).

The bill allows Medicaid to pay for home health services ordered by an APRN or a PA who is not employed, under contract with, or otherwise affiliated with the home health agency rendering the services. The APRN or PA must have examined the recipient within the 30 days preceding the request for home health services. When ordering home health services, the APRN or PA must also include their national provider identifier, Medicaid identification number, or medical practitioner license number on the written prescription for the services. The APRN or PA must also include such information on all claims for home health reimbursement and prior authorization requests.

Background Screening Requirements for Health Care Practitioners
HB 975 Effective Date: July 1, 2025

Summary: The bill establishes background screening requirements for various health care professions, amending section 456.0135(1), F.S., to include the non-screened health care practitioners cited in Chapters 462, 463, 465, 466, 467, 468 (part I, part II, part III, part V, part X or part XIV), 478, 483, 484, 486, 490, and 491, F.S. This requires all health care practitioners, including those who are not currently screened, to submit fingerprints. However, it does not include the professions cited in sections 401.27 (emergency medical technicians and paramedics), 465.013, and 465.014, F.S. (pharmacy interns and registered pharmacy technicians), or Chapter 468 part IV, F.S. (radiologic technicians).  

The bill requires that, effective July 1, 2025, criminal background checks conducted for all health care practitioners must include fingerprint screening by the Florida Department of Law Enforcement, for both prospective licensure applicants and practitioners licensed before July 1, 2025, when they next renew their licenses after that date.  

The bill requires all existing licensees as of July 1, 2025, who were not screened through a state and federal (Level 2) review to comply with the background screening requirements established in section 456.0135, F.S., by their next licensure renewal that takes place on or after July 1, 2025. The bill prohibits the Department of Health from renewing the license of such a health care practitioner after July 1, 2025, until he or she complies with these background screening requirements.  

The bill adds eight new offenses to the statutory list of offenses outlined in section 435.04,  F.S., that can disqualify a person from employment in certain regulated professions if he or she has been the subject of certain legal actions regarding such offenses.

Practice of Chiropractic Medicine
HB 1063 Effective Date: June 26, 2024

Summary: The bill authorizes chiropractic physicians to adjust, manipulate, or treat the human body through the use of monofilament intramuscular stimulation, also known as dry needling, for the treatment of trigger points or myofascial pain. To perform dry needling, chiropractic physicians must first complete a 40-hour certification course approved by the Board of Chiropractic Medicine (Board) and be certified by the Board. The bill requires the Board to establish minimum practice standards for chiropractic physicians performing dry needling, including specific education and training requirements, restrictions, and patient consent protocols.  

The bill specifies that dry needling cannot be delegated to any person other than a chiropractic physician who is authorized to engage in dry needling under Chapter 460, F.S. 

The bill creates a licensure pathway for chiropractic physicians who obtained their bachelor’s degree at a non-U.S. educational institution of higher education by updating licensure education requirements to allow for the acceptance of credential evaluation reports from approved organizations as proof of education equivalent to a bachelor’s degree. 

Office Surgeries
HB 1561 Effective Date: May 10, 2024

Summary: The bill requires physician offices where gluteal fat grafting procedures are performed to establish financial responsibility through one of the following methods:

• Secure and maintain professional liability coverage in an amount not less than $250,000 per claim, with a minimum annual aggregate of not less than $750,000. The coverage cannot be used for litigation costs or attorney’s fees for the defense of any medical malpractice claim.
• Obtain and maintain an unexpired, irrevocable letter of credit of not less than $250,000 per claim, with a maximum aggregate credit availability of not less than $750,000, which may not be used for costs or attorney fees from the defense of any medical malpractice litigation.

The bill amends the standards of practice by expressly prohibiting a physician from performing a liposuction procedure where more than 1,000 cc of supernatant fat is temporarily or permanently removed, a Level II office surgery, or Level III office surgery procedure in any setting other than a registered office surgery setting or a facility licensed under Chapters 390 or 395, F.S. The bill revises the fine for violating this prohibition from $5,000 a day to $5,000 per incident.

OGSR/Financial Disclosure
HB 7005 Effective Date: October 1, 2024

Summary: The bill removes the scheduled repeal of exemptions from public records requirements for secure login credentials held by the Commission on Ethics and certain information entered into the electronic filing system for financial disclosure.

Mental Health and Substance Abuse
HB 7021 Effective Date: July 1, 2024

Summary: The bill amends Florida’s mental health and substance abuse laws to enhance services, clarify definitions, and update procedures by revising standards for involuntary mental health treatment service, broadening the definition of licensed medical practitioners qualified to provide care, and refining the responsibilities of county courts. 

The bill revises written notice requirements relating to filing petitions for involuntary services. The bill amends the requirements relating to voluntary admissions to a facility for examination and treatment, ordering person for involuntary services and treatment, petitions for involuntary service, appointment of counsel, and continuances of hearings. The bill revises actions that constitute unlawful activities relating to assessment and treatment and court actions relating to involuntary assessments.  

The bill removes limitations on advanced practice registered nurses (APRNs) and physician assistants (PAs) serving the physical health needs of individuals receiving psychiatric care and authorizes psychiatric nurses to release a patient from a receiving facility when certain criteria are met.  

Anti-Human Trafficking
HB 7063 Effective Date: July 1, 2024

Summary: The bill revises provisions related to human trafficking awareness and reporting.

• Defines “governmental entity” for the purpose of contract affidavits concerning the non-use of human trafficked labor.
• Updates the hotline number on human trafficking awareness signs to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE.
• Extends the repeal date of the direct-support organization for the Statewide Council on Human Trafficking to October 1, 2029.
• Requires contractors with governmental entities to attest they do not use human trafficked labor.
• Imposes a $2,000 per day fine on public lodging establishments not in compliance with human trafficking awareness requirements.

Revive Awareness Day
SB 66 Effective Date: April 8, 2024

Summary: The bill designates June 6 as “Revive Awareness Day” to raise awareness of opioid overdose dangers and promote the safe use and availability of opioid antagonists like naloxone.

Public Records and Meetings
SB 322 Effective Date: March 21, 2024

Summary: The bill, which is linked to SB 7016 becoming law, creates public records and public meeting exemptions for the Interstate Medical Licensure Compact, the Audiology and Speech-Language Pathology Interstate Compact, and the Physical Therapy Licensure Compact.

The bill protects from public disclosure the personal identifying information of a physician, audiologist, speech-language pathologist, physical therapist, and physical therapist assistant, other than the individual’s name, licensure status, or license number, obtained from the coordinated licensure system or database under the applicable compact and held by the Department of Health or licensing board, unless the state that originally reported the information to the coordinated system authorizes the disclosure by law.

The bill also creates a public meeting exemption for compact Commission meetings, or portions of such meetings, at which matters specifically exempted from disclosure by federal or state law are discussed. The bill provides that any recordings, minutes, and records generated from such a meeting are also exempt.

The exemptions are subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2029, unless reviewed and reenacted by the Legislature.

Behavioral Health Teaching Hospitals
SB 330 Effective Date: July 1, 2024

Summary: The bill, which is part of the Live Healthy initiative, advances Florida’s behavioral health systems of care by creating the designation of Behavioral Health Teaching Hospital (BHTH) for facilities that train mental health service providers, such as psychiatrists, psychologists, psychiatric nurses, social workers and family marriage and family therapists. It creates a new, integrated care and education model that will focus on state-of-the-art behavioral health research and provide leading-edge education and training for Florida’s behavioral health workforce.

The bill defines behavioral health professions including, but not limited to, psychiatrists licensed under Chapters 458 or 459, psychologists licensed under Chapter 490, psychiatric nurses licensed under Chapter 464, and social workers, marriage and family therapists, and mental health counselors licensed under Chapter 491, F.S.

The bill identifies four hospitals to serve as pilots: Tampa General Hospital in collaboration with the University of South Florida, UF Health Shands Hospital, and UF Health Jacksonville in collaboration with the University of Florida and Jackson Memorial Hospital in collaboration with the University of Miami; however, any hospital can apply for the designation. The bill establishes that participating hospitals will collaborate with other university colleges and schools of medicine, nursing, psychology, social work, pharmacy, public health, or other relevant disciplines to promote and enhance a modernized behavioral health system of care. Further, the hospitals shall provide inpatient and outpatient behavioral health care, address system-wide behavioral health needs, and provide treatment and care for those who need long-term voluntary or involuntary civil commitment.

The bill establishes the Florida Center for Behavioral Health Workforce (the Center) within the Louis de la Parte Florida Mental Health Institute at the University of South Florida to produce research and policy analysis and create best practices for the training of mental health professionals and appropriates $5 million for this purpose. All health care regulatory boards are required to, upon request, provide the Center with specified information regarding licensed behavioral health professionals.

Public Records/ Military Personnel and their Spouses and their Dependents
SB 548 Effective Date: April 26, 2024

Summary: The bill creates an exemption from public records requirements for identification and location information of current and former military personnel and their families and states the exemption applies retroactively.

The bill specifies “military personnel” as those employed by the U.S. Department of Defense with access to “secret” or “top secret” information or members of special operations forces.

For this exemption to apply, the bill requires military personnel to submit a written request to an agency holding such information and a statement of efforts to protect their information from public access.

The exemption is subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2029, unless reviewed and reenacted by the Legislature.

Dental Insurance Claims
SB 892 Effective Date: January 1, 2025

Summary: The bill prohibits dental insurance contracts from specifying credit card payments as the only method of payment to dentists and requires health insurers and prepaid limited health service organizations to obtain dentist consent before paying claims via electronic funds transfer (EFT), including virtual credit card payments.

The bill provides that dentist consent covers the entire practice and bears the dentist’s signature, which may include electronic or digital signatures, and prohibits charging a fee for ACH transfer payments to dentists unless consent is obtained.

The bill establishes that health insurers and organizations cannot deny claims for procedures included in a prior authorization, with specified exceptions.

The bill establishes that these provisions apply to contracts delivered, issued, or renewed on or after January 1, 2025, and authorizes the Office of Insurance Regulation to enforce these provisions and the commission to adopt implementing rules.

938 Dentistry
SB 938  Effective Date: July 1, 2024

Summary: The bill codifies the Board of Dentistry’s (Board’s) role in administering the licensure examination. The bill revises requirements for dentist licensure in Florida, including examination and continuing education alterations by:  

• Clarifies continuing education content relating to practice management by allowing the course to include one or more of the specified subject areas.  
• Deleting language requiring dental students who have completed the coursework necessary to prepare to pass the American Dental License Examination (ADEX) to wait until their final year of dental school to apply for licensure; 
• Deleting language relating to ADEX scores for applicants only being valid for 365 days after the date the official examination results are published; 
• Amends the required documentation of prior full-time practice required by an out-of-state licensed dentist applying for licensure in Florida. The bill also authorizes the Board to excuse applicants from the 1,200-hour requirement in the event of hardship, as determined by the Board.   
• Deletes the requirement that out-of-state licensed dentists applying for Florida licensure who apply for and receive a Florida license, must engage in the full-time practice of dentistry inside the geographic boundaries of the state for one year after licensure, and deletes the provisions related to compliance and enforcement of this requirement.  

Controlled Substances
SB 1512 Effective Date: July 1, 2024

Summary: The bill adds tianeptine to the list of Schedule I controlled substances.

Department of Health
SB 1582 Effective Date: July 1, 2024

Summary: The bill revises the requirements and protocols related to health screenings and research within the state’s health care infrastructure. The bill:

• Amends the membership and quorum requirements for the Florida Cancer Control and Research Advisory Council.
• Clarifies the responsibility for providing newborn screenings and the submission of newborn screening specimen cards.
• Specifies blood specimen collection requirements for newborn screenings.
• Revises the definition of “health care practitioner” to include licensed genetic counselors thereby adding genetic counselors to the list of health care practitioners who may receive state lab results. Revises hearing loss screening requirements to include infants and toddlers.
• Modifies sickle cell disease and trait screening requirements, notifications, and registry processes including opt-out provisions for parents or guardians.
• Defines “environmental health technician,” establishes the environmental health technician’s certification, mandates certification standards, and provides certification requirement exemptions under specified conditions.
• Creates the Andrew John Anderson Pediatric Rare Disease Grant Program to award competitive grants for scientific and clinical research related to pediatric rare diseases.
• Allows additional time to cure application deficiencies for medical marijuana treatment center license applicants and stipulates license issuance processes upon successful cure or post-applicant death.
• Implements environmental risk screenings for pregnant women and infants to address issues such as low income and substance use disorder, with opt-out provisions.

Interstate Mobility
SB 1600 Effective Date: July 1, 2024

Summary: The bill creates the “Mobile Opportunity by Interstate Licensure Endorsement Act” (MOBILE Act) within Chapter 456, F.S., which establishes a new universal process for licensure by endorsement for health care professions regulated by the Florida Department of Health’s (the Department’s) Division of Medical Quality Assurance. To qualify, the health care practitioner must meet specific criteria, including various testing, training, and experience qualifications for their profession. The bill also repeals existing licensure by endorsement statutes from various individual practice acts. 

The bill establishes criteria under which health care practitioners can be licensed by endorsement. The bill mandates that applicants comply with the required fingerprint-based criminal history checks for professional licenses, outlines grounds for ineligibility for licensure under this act, such as pending disciplinary proceedings or criminal convictions related to the health care profession, and directs the Department to utilize the National Practitioner Data Bank for verifying applicant credentials. 

Each applicable board, or the Department if there is no board, shall adopt rules incorporating application forms for the MOBILE Act licensure pathway within six months after its effective date. 

The bill amends current law for licensure by endorsement in various practice acts to conform to the provisions of the MOBILE Act. The bill does not alter current law relating to licensure by endorsement for radiologist assistants, radiologic technologists, or respiratory therapists. 

The bill provides that, notwithstanding the changes made to the Florida Statutes by the MOBILE Act, a board or the Department, as applicable, may continue processing applications for licensure by endorsement as authorized under the Florida Statutes (2023) until the rules adopted by such board or the Department to implement the changes made by the MOBILE Act take effect or until six months after the bill’s effective date, whichever occurs first.   

The bill requires the Department to submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which details, by profession, the number of applications received, licenses issued, denials, complaints received, and disciplinary actions taken against health care practitioners licensed under the MOBILE Act.

Health Care
SB 7016 Effective Date: March 21, 2024

Summary: The bill aims to grow Florida’s health care workforce by establishing various health care-related programs and initiatives, removing regulations to increase workforce mobility, and expanding access to quality, efficient health care. Specifically, the bill:

• Expands Florida Reimbursement Assistance for Medical and Dental Education: The bill updates and expands the Dental Student Loan Repayment (DSLR) Program and the Florida Reimbursement Assistance for Medical Education (FRAME) Program by allowing mental health professionals, dental hygienists, and private dental practices in areas where there are shortages of practitioners serving Medicaid patients to qualify, increasing loan repayment award amounts for all qualifying health care professionals, and requiring 25 hours of volunteer health services per year to qualify. The bill requires the Department of Health (Department) to provide an annual report detailing loan repayment through both the DSLR and FRAME programs to the Governor and the Legislature through July 1, 2034. The Department is also required to facilitate a study evaluating the impact of student loan repayment programs on health care provider shortages and to submit the study’s results to Governor and the Legislature by January 1, 2023.
• Expands the Areas of Critical Need Program: The bill allows Advanced Practice Registered Nurses and Physician Assistants to be issued temporary certificates to practice in these underserved areas, as is currently allowed for physicians.
• Establishes Limited Licensure for Graduate Assistant Physicians: The bill creates a new limited license as a graduate assistant physician (GAP) for medical school graduates who have passed their exams but have not yet been matched into a residency program.
• Revises Regulations for Autonomous Nurse Midwives: The bill amends requirements for certified autonomous nurse midwives by replacing the requirement for a transfer agreement with a requirement to maintain a written policy for the transfer of patients who need a higher level of care or emergency services and includes rulemaking authority and monitoring provisions.
• Licensure Compacts: The bill provides that Florida will enter into the Interstate Medical Licensure Compact, the Audiology and Speech-Language Pathology Interstate Compact, and the Physical Therapy Licensure Compact.
• Reduces Barriers for Psychologists/Psychiatric Nurses to Work in Baker Act Facilities: The bill reduces and repeals post-licensure clinical requirements for clinical psychologists and psychiatric nurses to work in Baker Act facilities, includes a three-year clinical experience requirement for more advanced acts performed by a clinical psychologist, and requires a psychiatric nurse to practice within an established protocol.
• Expands Access to Free and Charitable Clinics: The bill increases the eligibility threshold to 300% of the federal poverty level, allowing more low-income Floridians access to care.
• Creates a Health Screening and Practitioner Volunteer Portal and Grant Program: The bill establishes a health screening portal online where information on low or no-cost health screening opportunities and information for health care practitioners on volunteer opportunities related to such health screenings can be found. The bill also creates a Health Screening Grant Program to support nonprofit entities that are providing no-cost screenings and health services.
• Creates Advanced Birth Center Designation: The bill allows a licensed birth center to be designated as an advanced birth center (ABC). The ABC must operate continuously, employ two medical directors (an obstetrician and an anesthesiologist), serve Medicaid recipients, and have a formal arrangement with a nearby hospital in case of an emergency.
• Requires ER Diversion Partnerships and Care Coordination: The bill encourages the creation of partnerships between hospitals and primary care settings to improve coordination and encourage patients to establish a medical home to prevent future emergency department visits for non-urgent care by requiring all hospitals with emergency departments to create a plan for helping patients access appropriate care settings when those patients come to the emergency room with a non-emergent condition or indicate they lack regular access to primary care.

The bill removes the sunset date from the Florida Center for Nursing’s (FCN) duty to submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The required report contains FCN’s analysis of nursing education programs and Florida’s nurse supply to determine if there was an increase in their availability and ability to produce quality nurses.

The bill expands eligibility for Linking Industry to Nursing Education (LINE) Funding to high-performing independent schools, colleges, or universities that meet performance metrics.

The bill creates the Training, Education, and Clinicals in Health (TEACH) Funding Program to offset lost revenue while clinical preceptors are mentoring medical, dental, nursing, and behavioral health students. The program seeks to increase the availability of clinical opportunities, improve the quality of the training sites, and promote the clinical training that prepares students for work as health care professionals.

The bill expands graduate medical education residency slots to increase the number of physicians in Florida.

The bill expands opportunities for experienced foreign-trained physicians to seek licensure in Florida.

The bill directs the Agency for Health Care Administration (AHCA) to seek federal approval to include hospital at home as a reimbursable service in Medicaid, so Floridians on Medicaid can receive hospital care at home, if appropriate.

The bill expands the Telehealth Minority Maternity Care Program statewide by expanding the capacity for positive maternal health outcomes. The program may enlist county health departments to assist with program implementation and requires annual reporting by the Department to the Governor and the Legislature on program effectiveness.

Aggregate data on the maternal and infant health outcomes of program participants. The bill enhances and expands mobile response teams to ensure coverage in every county.

Health Care Innovation
SB 7018 Effective Date: March 21, 2024

Summary: The bill creates the Health Care Innovation Council (the Council) within the Department of Health to convene health care experts for the purpose of exploring innovations in technology, workforce, and health care delivery models. The bill tasks the Council with developing best practice recommendations and submitting annual reports to the Governor and the Legislature, among other responsibilities.

The bill also creates a revolving loan program for the implementation of innovative solutions. The Council will review applications and recommend prioritized lists of funding applications. Applicants may be certain licensed providers, with priority for rural hospitals or nonprofits that accept Medicaid patients in rural or medically underserved areas.

Psychology Interjurisdictional Compact
HB 33 Effective Date: July 1, 2023

Summary: The bill enacts the Psychology Interjurisdictional Compact (PSYPACT) and authorizes Florida to join as a member state. The bill requires the Florida Board of Psychology to appoint an individual to represent Florida on the Interstate Compact Commission. As a compact member state, eligible Florida-licensed psychologists can apply to PSYPACT for authorization to practice telepsychology or temporary in-person practice of psychology across state boundaries by obtaining an EPassport or an Interjurisdictional Practice Certificate.

Public Records and Meetings/ Psychology Interjurisdictional Compact
HB 35 Effective Date: July 1, 2023

Summary: The bill, which is linked to the passage of HB 33, provides an exemption from public records requirements for a psychologist’s personal identifying information, other than his or her name, licensure status, or licensure number, obtained from the coordinated licensure information system and held by the Florida Department of Health (DOH) or the Florida Board of Psychology relating to the Psychology Interjurisdictional Compact (PSYPACT). The bill also creates a public meeting exemption for Commission meetings, or portions of such meetings, at which matters specifically exempted from disclosure by federal or state law are discussed. The bill provides that any recordings, minutes, and records generated from such a meeting are also exempt.

Benefits, Training and Employment for Veterans and Their Spouses
Effective Date: July 1, 2023
HB 139 (Bill Information)

Summary: The bill establishes the Office of Veteran Licensure Services within the Florida Department of Health, Division of Medical Quality Assurance to provide information, guidance, direction, and assistance with health care licensure processes for all veterans and their spouses. Additionally, the bill requires Veterans Florida to assist veterans and their spouses with access, training, education, and employment in Florida’s health care professions.

Telehealth Practice Standards
Effective Date: June 1, 2023
HB 267 (Bill Information)

Summary: The bill revises the definition of telehealth to include audio-only telephone call in the telehealth technology authorization statute.

Physician Certifications for Medical Use of Marijuana
Effective Date: July 1, 2023
HB 387 (Bill Information)

Summary: The bill authorizes a qualified physician who performs an in-person examination of a patient for the initial physician certification to use telehealth to conduct subsequent examinations of that patient for renewals. The bill also authorizes the Florida Department of Health to suspend the registration of a qualified physician for up to 2 years if the qualified physician violates the requirements of s. 381.986, F.S., or provides, advertises, or markets telehealth services before July 1, 2023.

Home Health Aides for Medically Fragile Children
Effective Date: June 2, 2023
HB 391 (Bill Information)

Summary: The bill creates the Home Health Aide for Medically Fragile Children Program for family caregivers to receive training and gainful employment. The bill allows a family caregiver to be reimbursed by Medicaid, as a home health aide for medically fragile children (HHAMFC), for care provided to a relative who is 21 years old or younger with an underlying physical, mental, or cognitive impairment, and is eligible to receive skilled care or respite care services under the Medicaid program. The bill requires AHCA to establish a fee schedule with a family caregiver reimbursement rate of $25 per hour for up to 8 hours per day. The bill requires AHCA, in consultation with the Florida Board of Nursing, to approve HHAMFC training programs developed by home health agencies which meet certain criteria.

Opioid Abatement
Effective Date: July 1, 2023
HB 783 (Bill Information)

Summary: The bill expands caregiver authority to possess and administer emergency opioid antagonists by removing the criterion that a caregiver have recurring, rather than any, contact with a person at risk of overdose. The bill creates the Statewide Council on Opioid Abatement within the Department of Children and Families (DCF) to enhance the development and coordination of state and local efforts to abate the opioid epidemic and to support the victims of the opioid crisis. The bill requires each Florida College System institution and state university to have a supply of emergency opioid antagonists in clearly marked locations within residence halls and dormitory residences. The bill establishes guidance for such supplies, and provides civil and criminal immunity to campus law enforcement officers who administer or attempt to administer an emergency opioid antagonist.

Physician Assistant Licensure
Effective Date: July 1, 2023
HB 1133 (Bill Information)

Summary: The bill revises the eligibility requirements for physician assistant (PA) licensure to applicants who matriculated into, rather than graduated from, an approved program on or before December 31, 2020. The bill also authorizes the Boards of Medicine and Osteopathic Medicine to grant a license to a PA applicant who does not meet the educational requirements in statute but passed the Physician Assistant National Certifying Examination.

HB 1387 Effective Date: July 1, 2023

Summary: The bill exempts individuals who have successfully completed a board-approved certified nursing assistant (CNA) training program within six months of applying for certification from the clinical skills portion of the licensure exam.

The bill conforms Florida law to the new FDA rule by eliminating now-preempted over the counter (OTC) hearing aid regulation. The bill distinguishes between OTC hearing aids and prescription hearing aids, retaining regulation of the latter. The bill amends the statute regulating distribution of hearing aids by hearing aid specialists and audiologists to limit its application exclusively to prescription hearing aids. The bill exempts individuals exclusively dispensing OTC hearing aids from regulation. This aligns Florida law with the federal rule which specifies that states may not establish regulatory measures or require licensure for individuals who dispense OTC hearing aids. The bill makes conforming changes throughout Chapters 468 and 484, F.S., to specify that regulations apply only to prescription hearing aids. The bill limits the consumer protections in current law to only apply to prescription hearing aids, and not to OTC hearing aids. The bill also specifies that the prohibition on distributing of hearing aids by mail applies only to prescription hearing aids.

The bill authorizes autonomous advanced practice registered nurses and adds board-eligible or board-certified family medicine physicians as health care practitioners eligible to certify brain deaths under certain conditions.

Health Care Provider Accountability
HB 1471 Effective Date: July 1, 2023

Summary: The bill addresses health care provider accountability related to nursing home residents’ rights, unlicensed facilities, and standards of care for certain office surgeries. Section 400.022, F.S., establishes an extensive list of resident rights that a nursing home must afford to its residents. The list includes, but is not limited to, the right to civil and religious liberties, the right to participate in social and other activities that do not impact other residents’ rights, and the right to refuse medication and treatment. The bill adds to the list of nursing home residents’ rights the right to be free from sexual abuse, neglect, and exploitation.

The bill authorizes the Agency for Health Care Administration (AHCA) to seek an ex parte temporary injunction to prevent continuing unlicensed activity by a provider who has been warned by the agency to cease such unlicensed activity. The bill establishes the temporary injunction process, including petition requirements, subsequent inspections to determine compliance, and a permanent injunction process if the provider is not complying with the ex parte temporary injunction. These changes apply to any entity licensed by AHCA.

With regard to office surgeries, the bill:

• Provides that if an office that has already been registered with the Department refuses an inspection, its registration must be immediately suspended for 14 days and remain suspended until the inspection is completed.
• Establishes standards of practice for physicians performing gluteal fat grafting procedures in office surgery settings.
• Requires that any duty delegated by a physician during a gluteal fat grafting procedure must be completed under the direct supervision of the physician.
• Provides that gluteal fat extractions and injections may not be delegated and that injections must be done under ultrasound guidance to ensure that fat is only injected into the subcutaneous space and not across the fascia covering gluteal muscle.
• Requires the Department to inspect any office where office surgeries will be done before the office is registered – if the office refuses such inspection, it will not be registered until the inspection can be completed.

Genetic Counselors Using Telehealth
Effective Date: July 1, 2023
SB 218 (Bill Information)

Summary: The bill amends the definition of a telehealth provider in s. 456.47, F.S., to allow licensed genetic counselors to provide health care and related services using telehealth.

Public Records/Protection from Discrimination Based on Health Care Choices
Effective Date: June 1, 2023, except as otherwise provided
SB 238 (Bill Information)

Summary: The bill provides an exemption from public records requirements for certain information held by the Florida Department of Legal Affairs or the Florida Department of Health relating to complaints or investigations regarding violations of provisions protecting from discrimination based on health care choices.

Protection from Discrimination Based on Health Care Choices
SB 252 Effective Date: June 1, 2023, except as otherwise provided in the act.

Summary: The bill prohibits business entities and governmental entities from requiring a person to provide certain documentation or requiring a COVID-19 test to gain access to, entry upon, or service from such entities or as a condition of contracting, hiring, promotion, or continued employment; prohibiting business and governmental entities from refusing to hire persons, discharging persons, depriving or attempting to deprive persons of employment opportunities, adversely affecting persons with respect to employment, or otherwise discriminating against any person based on knowledge or belief of a person’s vaccination or COVID-19 post infection recovery status or failure to take a COVID-19 test. The bill requires such entities to provide exemptions and reasonable accommodations for religious and medical reasons.

The bill amends several statutes in order to prohibit mask mandates, mandates on emergency use authorizations (EUA) vaccinations, messenger ribonucleic acid (mRNA) vaccinations, and COVID-19 vaccinations, and COVID-19 testing mandates in educational institutions, business entities, and governmental entities. The bill prohibits these entities and institutions from requiring proof of a vaccination with one of the specified types of vaccinations, post infection recovery from COVID-19, or a COVID-19 test to gain access to, entry upon, or service from the entity or institution. The bill also prohibits business and governmental entities from certain employment practices based on an employee’s, or a potential employee’s, vaccination or post infection status or the refusal to take a COVID-19 test. The bill’s provisions relating to mRNA vaccines are repealed on June 1, 2025.

Additionally, the bill prohibits business entities, governmental entities, and educational institutions from requiring a person to wear a mask, a face shield, or any other facial covering that covers the nose and mouth or denying a person access to, entry upon, service from, or admission to such entity or institution or otherwise discriminating against any person based on his or her refusal to wear a mask, face shield, or other facial covering. The bill provides exceptions to these prohibitions for health care providers and practitioners, if the provider or practitioner meets specific requirements established by the bill, and for when a mask or facial covering is required safety equipment. Business entities and governmental entities that violate these provisions are subject to discipline by the Florida Department of Legal Affairs (DLA) while educational institutions are subject to discipline by the Florida Department of Health (DOH). Such discipline may include fines of up to $5,000 for each violation.

The bill establishes requirements for mandating masks in health care settings. The bill requires the DOH and the Agency for Health Care Administration (AHCA) to jointly develop standards for the use of facial coverings in such settings by July 1, 2023, and requires each health care provider and health care practitioner who operates or manages an office to establish policies and procedures for facial coverings by August 1, 2023, that are consistent with the standards adopted by the DOH and the AHCA if they require any individual to wear a mask.

The bill prohibits governmental entities and educational institutions from adopting, implementing, or enforcing an international health organization guideline unless authorized by state law, rule, or executive order issued pursuant to a declared emergency.

The bill also creates and amends several statutes related to the provision of health care for COVID-19 including:

• Prohibiting a pharmacist from being disciplined for properly dispensing medications prescribed for the treatment of COVID-19.
• Prohibiting a hospital from interfering with COVID-19 treatment alternatives that are recommended by a health care practitioner with privileges at the hospital.
• Requiring a health care practitioner to obtain specified informed consent from a patient before prescribing any medication for the treatment of COVID-19 to the patient.

Interests of Foreign Countries
Effective Date: June 1, 2023
SB 264 (Bill Information)

Summary: The bill amends certain electronic health record statutes to ensure that such records are physically stored in the continental United States, United States territories, or Canada.

Nursing Education Pathway for Military Combat Medics
Effective Date: Upon becoming law
SB 274 (Bill Information)

Summary: The bill creates the “Pathway for Military Combat Medics Act.” The bill expands the award of postsecondary credit for military training and education courses to promote uniformity in the application of military combat medic training and education toward postsecondary credit (credit) or career education clock hours (clock hours) by public postsecondary educational institutions. Specifically, the bill requires:

• The Department of Education’s Articulation Coordinating Committee (ACC) to convene a workgroup to establish a process for prioritizing and determining postsecondary course equivalencies and the minimum credit or clock hours that must be awarded in an accredited nursing education program for military training and education required for service in specified positions. The process must be approved by the Board of Governors of the State University System (BOG) and the State Board of Education (SBE), with recommendations due to them by December 1, 2023.
• The ACC is to approve a list of postsecondary course equivalencies and credit and clock hours awarded for such courses and training, which must be approved by the BOG and SBE in the statewide articulation agreement.
• State universities, Florida College System (FCS) institutions, and career centers to award credit or clock hours based on the approved list.

Additionally, the bill revises a primary goal of the Florida Center for Nursing (Center) to provide that, under its strategic statewide plan for nursing manpower, the encouragement and coordination of the development of partnerships must include partnerships with hospitals that provide opportunities for nursing students to obtain clinical experience.

Certified Nursing Assistants
Effective Date: July 1, 2023
SB 558 (Bill Information)

Summary: The bill creates a new designation of “qualified medication aide” (QMA) for certified nursing assistants (CNA) who work in a nursing home and meet specified licensure and training requirements. The bill allows a nursing home to authorize a registered nurse (RN) working in the nursing home to delegate medication administration to a QMA who is working under the direct supervision of the RN. In order to be designated as a QMA, a CNA must hold a clear and active certification as a CNA for at least one year preceding the delegation; complete 40 hours of training that consists of the six hour training course currently required for a CNA to administer medication in a home health setting and a 34-hour course developed by the Florida Board of Nursing specific to QMAs; and successfully complete a supervised clinical practice in medication administration conducted in the nursing home. The bill amends several sections of law related to the delegation of tasks to CNAs to conform to the changes made in the bill. The bill also specifies that CNAs performing the duties of a QMA may not be counted toward staffing requirements for nursing homes.

Level 2 Background Screening
Effective Date: July 1, 2023
SB 676 (Bill Information)

Summary: The bill modifies current background screening standards and requirements for individuals who work with children and other vulnerable persons.

Effective Date: Section 11 of the bill, which contains the appropriations, takes effect July 1, 2023. Changes made to s. 435.12, F.S., in Section 3 of the bill must be implemented by January 1, 2025, or a later date as determined by the AHCA. Except as otherwise expressly provided in the bill and except for Section 13, the effective date section of the bill, which takes effect upon the bill becoming law, the bill takes effect July 1, 2024.

Referral of Patients by Health Care Providers
Effective Date: July 1, 2023
SB 768 (Bill Information)

Summary: The bill amends s. 456.053, F.S., regulating financial arrangements between referring health care providers and health care service providers, to alter a safe harbor provision for permitted referrals from a health care provider to another provider for designated health services that solely serves patients of the referring health care provider. The bill removes the direct supervision requirement and the requirement that the physician be present in the office suite, allowing general supervision of such services from locations outside of the office where the services are provided. The bill allows self-referring health care providers to avoid the cost of having a physician present while health care services are provided. The change in state law also aligns with federal Stark law provisions regarding self-referrals by a health care provider to another provider in which the referring physician has a financial or other pecuniary interest.

Prescription Drug
Effective Date: July 1, 2023
SB 1550 (Bill Information)

Summary: The bill addresses the transparency of a manufacturer’s prescription drug price increases above certain thresholds and the relationships between pharmacy benefit managers, pharmacy benefits plans and programs, and pharmacy providers for delivering pharmacy services to covered persons.

The bill requires prescription drug manufacturers and nonresident prescription drug manufacturers to disclose reportable prescription drug price increases. This information will be published on the Florida Health Finder website. A reportable prescription drug price increase refers to a prescription drug with a wholesale acquisition cost of at least $100 for a course of therapy before the effective date of the increase, and the bill requires the following to be reported:

• Any increase of 15 percent or more of the wholesale acquisition cost during the preceding 12-month period; or
• Any increase of 30 percent or more of the wholesale acquisition cost during the preceding three calendar years.

The bill requires pharmacy benefit managers (PBMs) to obtain a certificate of authority for an administrator under the Florida Insurance Code (FIC) and makes them subject to existing and enhanced requirements as set forth in the bill under the FIC. The bill proscribes and prescribes certain disclosures and actions governing contractual relationships between PBMs and pharmacy benefits plans and programs and also between PBMs and pharmacy providers.

Protections of Medical Conscience
Effective Date: July 1, 2023
SB 1580 (Bill Information)

Summary: The bill establishes rights of conscience for health care providers and payors. The bill provides legislative intent and provides that a health care provider or payor has the right to optout of participation in or payment for a health care service on the basis of a conscience-based objection (CBO). The bill establishes notification requirements for opting-out and prohibits a payor from opting-out of paying for a service it is contractually obligated to cover during a plan year. The bill also specifies that CBOs are limited to specific health care services, that the bill may not be construed to waive or modify any duty a provider or payor may have for other health care services that do not violate a provider’s or payor’s conscience, and that nothing in the bill allows a health care provider or payor to opt-out of providing health care services to any patient or potential patient because of that patient’s or potential patient’s race, color, religion, sex, or national origin.

The bill prohibits health care providers from being discriminated against or suffering adverse action for declining to participate in a health care service based on a CBO. The bill also provides whistle-blower protections for providers or payors in specific situations and specifies that the bill may not be construed to override any requirement to provide emergency medical treatment in accordance with federal or state law.

The bill allows health care providers or payors to file complaints of violations to the Attorney General (AG) and authorizes the AG to bring a civil action for appropriate relief. The bill also provides civil immunity for health care providers and payors solely for declining to participate in a health care service on the basis of a conscience-based objection, with some exceptions.

Additionally, the bill prohibits a board, or the Florida Department of Health (DOH) if there is no board, from taking disciplinary action against a health care practitioner solely because he or she has spoken or written publicly about a health care service or public policy, including on a social media platform, as long as the speech or written communication does not provide advice or treatment to a specific patient or patients and does not separately violate any other applicable law or rule. The bill also authorizes a board within the DOH to revoke approval of any specialty board for revoking the certification of an individual for the same reason.

Reducing Fetal and Infant Mortality
Effective Date: July 1, 2022 
HB 5 (Full Text)

Summary: The bill adds definitions of “fatal fetal abnormality” and “medical abortion,” and revised the definition of “gestation” in section 390.011, Florida Statutes. The law prohibits an abortion after a gestational age of 15 weeks and provides an exception to the prohibition when a fetus has not achieved viability under section 390.01112, Florida Statutes, and two physicians certify in writing that the fetus has a fatal fetal abnormality based on reasonable medical judgment. The bill clarifies the requirement for monthly reporting to the Agency for Health Care Administration (AHCA), on a form adopted by rule, of surgical and medical abortions by the director of a medical facility where abortions are performed. The bill also requires physicians who perform abortions outside of a medical facility to submit a monthly report to AHCA. The bill specifies that if a woman having the abortion provides evidence that she is a victim of human trafficking, this information is required to be included in the monthly report as the reason the abortion was performed. The bill also requires that the monthly report include the number of drug regimens dispensed or prescribed for a medical abortion.  

Administration of Vaccines (Pharmacy)
Effective Date: July 1, 2022
HB 1209 (Full Text)

Summary: The bill authorizes a certified registered pharmacy technician to administer vaccines and immunizations to adults under the supervision of a certified pharmacist. To become certified by the Board of Pharmacy, a registered pharmacy technician must complete six hours of approved immunization-related training. As a renewal condition, an additional two hours of approved continuing education must be completed.

The bill updates the authorized immunizations or vaccines that may be administered as listed in the Adult Immunization Schedule by the Centers for Disease Control and Prevention (CDC), recommended by the CDC’s Health Information for International Travel, and those licensed or authorized for emergency use by the U.S. Food and Drug Administration as of March 31, 2022.

Professional Counselors Licensure Compact (491)
Effective Date: July 1, 2022
HB 1521 (Full Text)

Summary: Effective upon enactment of the Professional Counselors Licensure Compact (compact) into law by 10 states, the bill enacts and authorizes Florida to join the compact.

The bill requires the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling to appoint an individual to serve on the compact Commission. Upon enactment of the compact, the bill authorizes eligible Florida licensed mental health counseling practitioners to apply for licensure to provide services to out-of-state patients through either telehealth or in-person across compact states. Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. The bill exempts out-of-state licensed practitioners who practice under the compact from the licensure requirements in this state.

Additionally, the bill requires the Department of Health to report any significant investigation information relating to mental health counselors practicing under the compact to the established data system and authorizes the Board to take adverse action against a mental health counselor’s authority to practice under the compact and impose disciplinary actions for violation of prohibited acts. The bill requires mental health counselors practicing under the compact to withdraw from all practice under the compact if the mental health counselor is in an impaired practitioner program.

Public Records and Meetings/Professional Counselors Licensure Compact (491)
Effective Date: Upon Enactment into Law
HB 1523 (Full Text)

Summary: The bill provides an exemption from public records requirements for certain information held by the Department of Health or the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling pursuant to the Professional Counselors Licensure Compact. The bill creates a public meeting exemption for a meeting or a portion of a meeting of the Commission at which matters specifically exempted from disclosure by federal or state law are discussed. The bill also creates a public meeting exemption where sensitive matters listed in the statute are addressed.

Telehealth (Dentistry, Medicine, Osteopathic Medicine, Nursing, Podiatric Medicine)
Effective Date: July 1, 2022
SB 312 (Full Text)

Summary: The bill authorizes telehealth providers to prescribe controlled substances listed in Schedule III, Schedule IV, and Schedule V of section 893.03, Florida Statutes, without limitation. The bill also authorizes telehealth providers to prescribe controlled substances listed in Schedule II of section 893.03, Florida Statutes, when treating a psychiatric disorder, inpatient care at a hospital, a patient receiving hospice services, or a resident of a nursing home facility.

Drug-related Overdose Prevention (Pharmacy)
Effective Date: July 1, 2022 
SB 544 (Full Text)

Summary: The bill added pharmacists as health care practitioners who are authorized to order and dispense an emergency opioid antagonist with an auto-injection delivery system or intranasal application delivery system for a patient or caregiver for use in accordance with section 381.887, Florida Statutes. The bill expanded the list of persons authorized to possess, store, and administer emergency opioid antagonists as clinically indicated and specified that they are immune from any civil liability or criminal liability as a result of administering an emergency opioid antagonist. In addition to existing provisions for emergency responders and crime laboratory personnel, the bill added personnel of a law enforcement agency or any other agency, while acting within the scope or course of employment, who come into contact with a controlled substance or persons at risk of experiencing an opioid overdose.    

Military Occupational Licensure
Effective Date: July 1, 2022
SB 562 (Full Text)

Summary: The bill amends section 456.024, Florida Statutes eliminating provisions for temporary licensure of military spouses while establishing expedited, full licensure for an active-duty military spouse that is licensed in another state. The bill eliminates all Department licensure fees for military spouses.

Mental Health Professional Licensure (491)
Effective Date: Upon becoming law
SB 566 (Full Text)

Summary: The bill amends the minimum educational requirements specified in section 491.004, Florida Statutes, for marriage and family therapy and mental health counseling licensure by examination. Marriage and family therapy applicants must graduate with a master’s degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or a Council on Accreditation of Counseling and Related Educational Programs (CACREP)accredited program or complete a master’s degree at any institutionally accredited college or university with a major emphasis in marriage and family therapy or a closely related field with a degree conferred date prior to September 1, 2027.  After September 1, 2027, applicants must have graduated from a COAMFTE or CACREP accredited program.  

Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. The bill added the accrediting body, “Masters in Psychology and Counseling Accreditation Council,” or other equivalent accrediting body to the list of accepted programs.     

Occupational Therapy
Effective Date: July 1, 2022 
SB 632 (Full Text)

Summary: Occupational Therapy; The bill amends the definitions of “occupational therapy” and the “practice of occupational therapy”. It creates the protected term “occupational therapist doctorate”, provides an exemption from licensure, and a registration process for individuals fulfilling an occupational therapy doctoral capstone experience.    Section 490.014(1)(b), Florida Statutes, and Section 491.014(2), Florida Statutes, were amended to add Occupational Therapy to a listing of exempted professions. 

Licensure Examinations for Dental Practitioners (Dentistry)
Effective Date: Upon becoming law 
SB 926 (Full Text)

Summary: The bill authorizes dentist and dental hygienist examination candidates to demonstrate clinical skills on a manikin with typodont teeth, rather than a live patient, for licensure in Florida.   The bill: 

• Repeals the authority of the Board of Dentistry to require medical malpractice insurance from dental and dental hygienist examination applicants. 
• Removes medical malpractice insurance, arrangements for patients requiring follow-up care, and academic record risk reviews from dental school written plan protocols; and  

Nonemergent Patient Care (EMT/Paramedic, Medicine, Osteopathic Medicine, Pharmacy)
Effective Date: July 1, 2022 
SB 1222 (Full Text)

Summary: The bill expands the scope of Class III institutional pharmacies to authorize them to dispense, distribute, compound, and fill prescriptions for medicinal drugs for inpatient treatment to a patient receiving acute and post-acute hospital care at their residence through a program approved by the Centers for Medicare and Medicaid Services and the Agency for Health Care Administration. The bill authorizes paramedics to perform basic life support services and advanced life support services to patients receiving acute and post-acute hospital care at home under the supervision of a physician or standing orders as described in sections 401.265, 458.348, or 459.025, Florida Statutes. Physicians who supervise or provide medical direction to a paramedic are liable for any act or omission of the paramedic while acting under supervision or medical direction.  

Clinical Lab Testing (Clinical Lab Personnel)
Effective Date: July 1, 2022 
SB 1374 (Full Text)

Summary: The bill amends section 483.801, Florida Statutes, adding an exemption from licensure for a registered nurse performing alternate-site testing. Registered nurses who are determined by the clinical laboratory director to be qualified under 42 C.F.R. may be authorized to perform moderate-level or waiver-level clinical laboratory testing within the hospital or hospital-based off-campus emergency department with a separate federal Clinical Laboratory Improvement Amendments (CLIA) program clinical laboratory certification under 42 C.F.R. part 24 493. 

Department of Health
Effective Date: July 1, 2022
SB 768 (Full Text)

Section 8: Designated Health Care Professionals – Information Required for Licensure
The bill requires health care professionals licensed under chapters 458, 459, 460, or 461, Florida Statutes, to provide specified information upon initial licensure or upon license renewal including the medical school attended and coursework completed; the name of each hospital where the applicant has privileges; the address of primary practice; any certification received from a specialty board; the year the applicant began practicing; any appointment to the faculty of a medical school; relevant professional qualifications; information regarding any criminal convictions; and any final disciplinary action. The bill requires submission of proof that applicants licensed under chapters 458, 459, or chapter 461, Florida Statutes, provide proof of payment of assessments to fund the Florida Birth-Related Neurological Injury Compensation Association required under section 766.314, Florida Statutes.

Section 9: Chiropractic Medicine – Initial Licensure Requirements
The bill clarifies the minimum licensure requirements for chiropractic medicine. Due to recent changes in accreditation nomenclature at the U.S. Department of Education, all accreditation references in this section were changed from “regionally” to “institutionally” accredited college or university.

Sections 10 and 11: Nursing – Licensure by Examination
The bill removes the requirement for graduates from an approved program who have not taken the licensure examination within 6 months of graduation to complete a board-approved licensure examination preparatory course.

Sections 12-16: Midwifery
The bill clarifies the definitions for “approved midwifery program”, “preceptor”, and “prelicensure course”. The bill clarifies approved midwifery program education standards and clinical training requirements and aligns midwifery program approval standards with accreditation and licensing standards for direct entry midwifery programs. The bill also refines requirements for licensing midwives by examination and endorsement and clarifies requirements for temporary certification of midwives in areas of critical need and expanded access to midwifery care in areas of critical need by designating additional practice settings in conformance with other licensed health care professions.

Section 17: Orthotists and Prosthetists
The bill clarifies the method for the collection and processing of applicant fingerprint records for the purpose of background screening. Due to recent changes in accreditation nomenclature at the U.S. Department of Education, all accreditation references in this section were changed from “regionally” to “institutionally” accredited college or university.

Section 18: Clinical Laboratory Personnel
Due to recent changes in accreditation nomenclature at the U.S. Department of Education, all accreditation references in this section were changed from “regionally” to “institutionally” accredited college or university.

Sections 19, 20, 21: Psychology
The bill clarifies the definitions and educational requirements for psychologists applying for licensure by examination or provisional licensure. The bill defines a “doctoral degree from an APA accredited program” as a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated had both an institutional accreditation from an agency recognized and approved by the U.S. Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada, and had programmatic accreditation from the American Psychological Association (APA).

The bill further defines “doctoral degree in psychology” as a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the U.S. Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada. The bill requires psychologists applying for licensure to have obtained a doctoral degree from an APA accredited program or the equivalent of a degree from an APA-accredited program from a school or university located outside the United States which was officially recognized by the government of the country in which it is located as an institution or program to train students to practice professional psychology. Provisional licensure applicants must have earned a degree from an APA accredited program.

Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling
The bill clarifies the method for registration, payment of fees, and completion of the national examination. Due to recent changes in accreditation nomenclature at the U.S. Department of Education, all accreditation references in this section were changed from “regionally” to “institutionally” accredited college or university.

The bill creates three pathways to licensure for applicants for a marriage and family therapy license to meet the minimum educational requirements by one of the following methods:

• A minimum of a master’s degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE);
• A minimum of a master’s degree with an emphasis in marriage and family therapy from a college or university that is accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP); or
• A minimum of a master’s degree with an emphasis in marriage and family therapy or a closely related field, with a degree conferred before September 1, 2027, from an institutionally accredited college or university.

The bill also updates the education requirements for marriage and family therapists by correcting an obsolete reference to accreditation by Commission on Recognition of Postsecondary Accreditation (CORPA), which was dissolved in 1997. The bill replaces the CORPA with the CHEA or its successors.

Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. The bill adds the accrediting body, “Masters in Psychology and Counseling Accreditation Council,” or other equivalent accrediting body to the list of accepted programs.

Sections 24 and 25: Florida Birth-Related Neurological Injury Compensation Association (NICA)
The bill changes references from the “Department of Business and Professional Regulation” to the “Department of Health” as it relates to the payment of the Florida Birth-Related Neurological Injury Compensation by applicants and licensees. The bill makes the Florida Birth-Related Neurological Injury Compensation Association (“Association”) responsible for making all assessments required by the Florida Birth-Related Neurological Injury Compensation Plan except for initial assessments of physicians licensed by the Department of Health and certain casualty insurers. The bill modifies the frequency for the Department of Health to provide the Association electronic reports of all physicians licensed under Chapters 458 and 459, Florida Statutes, to monthly. The bill authorizes the Association to file suit in circuit court to collect assessments under certain circumstances and requires the Association to notify the Department of Health and the applicable board of any unpaid final judgments against a physician within seven days after the entry of a final judgment.