History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 1, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4,

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1 PART II NURSING HOME ADMINISTRATION Purpose Administrator license required Definitions Board of Nursing Home Administrators; membership; appointment; terms Board headquarters Powers and duties of board and department Licensure by examination Licensure by endorsement; temporary license Renewal of license Inactive status Provisional license Prohibitions; penalties Disciplinary proceedings Statute of limitations Purpose. The sole legislative purpose for enacting this chapter is to ensure that every nursing home administrator practicing in this state meets minimum requirements for safe practice. It is the legislative intent that nursing home administrators who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 1, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch Administrator license required. (1) No nursing home in the state may operate unless it is under the management of a nursing home administrator who holds a currently valid license, provisional license, or temporary license. (2) Nothing in this part or in the rules adopted hereunder shall require an administrator of any facility or institution operated by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any organized church or religious denomination, to be licensed as a nursing home administrator if the administrator is employed only to administer in such facilities or institutions for the care and treatment of the sick. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 2, 16, 17, ch ; s. 2, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 108, ch ; s. 1, ch Definitions. As used in this part: (1) Board means the Board of Nursing Home Administrators. (2) Department means the Department of Health.

2 (3) Nursing home administrator means a person who is licensed to engage in the practice of nursing home administration in this state under the authority of this part. (4) Practice of nursing home administration means any service requiring nursing home administration education, training, or experience and the application of such to the planning, organizing, staffing, directing, and controlling of the total management of a nursing home. A person shall be construed to practice or to offer to practice nursing home administration who: (a) Practices any of the above services. (b) Holds himself or herself out as able to perform, or does perform, any form of nursing home administration by written or verbal claim, sign, advertisement, letterhead, or card; or in any other way represents himself or herself to be, or implies that he or she is, a nursing home administrator. (5) Nursing home means an institution or facility licensed as such under part II of chapter 400. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 3, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 133, ch ; s. 272, ch ; s. 121, ch ; s. 124, ch Board of Nursing Home Administrators; membership; appointment; terms. (1) The Board of Nursing Home Administrators is created within the department and shall consist of seven members, to be appointed by the Governor and confirmed by the Senate to a term of 4 years or for a term to complete an unexpired vacancy. (2) Three members of the board must be licensed nursing home administrators. Two members of the board must be health care practitioners. The remaining two members of the board must be laypersons who are not, and have never been, nursing home administrators or members of any health care profession or occupation. At least one member of the board must be 60 years of age or older. (3) Only board members who are nursing home administrators may have a direct financial interest in any nursing home. (4) All provisions of chapter 456 relating to activities of regulatory boards shall apply. History. ss. 1, 2, ch ; ss. 2, 3, ch ; s. 36, ch ; ss. 4, 16, 17, ch ; s. 19, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 134, ch ; s. 79, ch ; s. 137, ch Board headquarters. The board shall maintain its official headquarters in the City of Tallahassee. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch Powers and duties of board and department. It is the function and duty of the board, together with the department, to: (1) Adopt rules pursuant to ss (1) and to implement the provisions of this part conferring duties upon the board. (2) Develop, impose, and enforce specific standards within the scope of the general qualifications established by this part which must be met by individuals in order to receive licenses as nursing home

3 administrators. These standards shall be designed to ensure that nursing home administrators are individuals of good character and otherwise suitable and, by training or experience in the field of institutional administration, qualified to serve as nursing home administrators. (3) Develop by appropriate techniques, including examinations and investigations, a method for determining whether an individual meets such standards. (4) Issue licenses to qualified individuals meeting the standards of the board and revoke or suspend licenses previously issued by the board when the individual holding such license is determined to have failed to conform substantially to the requirements of such standards. (5) Establish and carry out procedures, by rule, designed to ensure that licensed nursing home administrators will comply with standards adopted by the board. (6) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that a licensed nursing home administrator has failed to comply with the requirements or standards adopted by the board. (7) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes in order to improve the standards imposed for the licensing of such administrators and the procedures and methods for enforcing such standards with respect to administrators of nursing homes who have been licensed as such. (8) Set up procedures by rule for advising and acting together with the Department of Health and other boards of other health professions in matters affecting procedures and methods for effectively enforcing the purpose of this part and the administration of chapters 400 and 429. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 5, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 132, ch ; s. 228, ch. 99-8; s. 93, ch Licensure by examination. (1) Any person desiring to be licensed as a nursing home administrator shall apply to the department to take the licensure examination. The examination shall be given at least two times a year and shall include, but not be limited to, questions on the subjects of nursing home administration such as: (a) Applicable standards of nursing home health and safety; (b) Federal, state, and local health and safety laws and rules; (c) General administration; (d) Psychology of patient care; (e) Principles of medical care; (f) Personal and social care; (g) Therapeutic and supportive care and services in long-term care; (h) Departmental organization and management; (i) Community interrelationships; and

4 (j) Terminology. The board may, by rule, adopt use of a national examination in lieu of part or all of the examination required by this part. (2) The department shall examine each applicant who the board certifies has completed the application form and remitted an examination fee set by the board not to exceed $250 and who: (a)1. Holds a baccalaureate degree from an accredited college or university and majored in health care administration or has credit for at least 60 semester hours in subjects, as prescribed by rule of the board, which prepare the applicant for total management of a nursing home; and 2. Has fulfilled the requirements of a college-affiliated or university-affiliated internship in nursing home administration or of a 1,000-hour nursing home administrator-in-training program prescribed by the board; or (b)1. Holds a baccalaureate degree from an accredited college or university; and 2.a. Has fulfilled the requirements of a 2,000-hour nursing home administrator-in-training program prescribed by the board; or b. Has 1 year of management experience allowing for the application of executive duties and skills, including the staffing, budgeting, and directing of resident care, dietary, and bookkeeping departments within a skilled nursing facility, hospital, hospice, assisted living facility with a minimum of 60 licensed beds, or geriatric residential treatment program and, if such experience is not in a skilled nursing facility, has fulfilled the requirements of a 1,000-hour nursing home administrator-in-training program prescribed by the board. (3) The department shall issue a license to practice nursing home administration to any applicant who successfully completes the examination in accordance with this section and otherwise meets the requirements of this part. The department shall not issue a license to any applicant who is under investigation in this state or another jurisdiction for an offense which would constitute a violation of s or s Upon completion of the investigation, the provisions of s shall apply. (4) The board may by rule establish a preceptor certification and recertification fee not to exceed $100 which shall be remitted by those individuals seeking board approval to act as preceptors in administrator-in-training programs as prescribed by the board. Said fee may be charged at the time of application for initial certification and at the time of application for recertification. The board may by rule establish a trainee application fee not to exceed $500 to defray the costs of the board s supervision of the administrator-in-training program, to be remitted by those individuals seeking to undergo a board prescribed administrator-in-training program. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 6, 13, 14, 16, 17, ch ; s. 17, ch ; s. 68, ch ; s. 23, ch ; s. 3, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 31, ch ; s. 5, ch.

5 93-259; s. 193, ch ; s. 40, ch ; s. 122, ch ; s. 25, ch ; s. 125, ch ; s. 84, ch Licensure by endorsement; temporary license. (1) The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a fee set by the board not to exceed $500, demonstrates to the board that he or she: (a) Meets one of the following requirements: 1. Holds a valid active license to practice nursing home administration in another state of the United States, provided that the current requirements for licensure in that state are substantially equivalent to, or more stringent than, current requirements in this state; or 2. Meets the qualifications for licensure in s ; and (b)1. Has successfully completed a national examination which is substantially equivalent to, or more stringent than, the examination given by the department; 2. Has passed an examination on the laws and rules of this state governing the administration of nursing homes; and 3. Has worked as a fully licensed nursing home administrator for 2 years within the 5-year period immediately preceding the application by endorsement. (2) National examinations for licensure as a nursing home administrator shall be presumed to be substantially equivalent to, or more stringent than, the examination and requirements in this state, unless found otherwise by rule of the board. (3) The department shall not issue a license by endorsement or a temporary license to any applicant who is under investigation in this or another state for any act which would constitute a violation of this part until such time as the investigation is complete and disciplinary proceedings have been terminated. (4) A temporary license may be issued one time only to an applicant who has filed an application for licensure by endorsement and has paid the fee for the next laws and rules examination offered in this state, and who meets all of the following requirements: (a) Has filed an application for a temporary license and paid a fee not to exceed $750. (b) Meets the requirements of subsection (1) or s (c) Has worked as a fully licensed nursing home administrator for 2 years within the 5-year period immediately preceding application for a temporary license. A temporary license shall be valid for the nursing home administrator applicant only at the facility for which it is issued and shall not be transferred to another facility or to another applicant. An applicant shall not be eligible to reapply for a temporary license or an extension of a temporary license. The applicant must take and pass the next laws and rules examination offered in this state following

6 issuance of a temporary license. The temporary license is valid until the results of the examination are certified by the board and the applicant is notified. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 9, 42, ch ; s. 91, ch ; ss. 37, 119, ch ; ss. 7, 16, 17, ch ; s. 39, ch ; s. 24, ch ; s. 4, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 273, ch Renewal of license. (1) The department shall renew a license upon receipt of the renewal application and fee. (2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses. (3) The board may by rule prescribe continuing education, not to exceed 40 hours biennially, as a condition for renewal of a license or certificate. The board shall by rule establish criteria for the approval of such programs or courses. The programs or courses approved by the board shall include correspondence courses that meet the criteria for continuing education courses held in a classroom setting. The board may establish by rule an application fee not to exceed $100 for anyone seeking approval to provide continuing education courses and may provide by rule a fee not to exceed $50 for renewal of providership. History. ss. 1, 2, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 8, 16, 17, ch ; s. 69, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 190, ch Inactive status. (1) The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 20 classroom hours for each year the license was inactive, in addition to completion of the number of hours required for renewal on the date the license became inactive. (2) The board shall adopt rules relating to application procedures for inactive status, for the renewal of inactive licenses, and for the reactivation of licenses. The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license. (3) The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee. History. ss. 1, 2, ch ; s. 331, ch ; ss. 2, 3, ch ; s. 102, ch ; ss. 9, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 191, ch Provisional license. The board may establish by rule requirements for issuance of a provisional license. A provisional license shall be issued only to fill a position of nursing home administrator that unexpectedly becomes vacant due to illness, sudden death of the administrator, or abandonment of position and shall be issued for one single period as provided by rule not to exceed 6 months. The department shall not issue a provisional license to any applicant who is under

7 investigation in this state or another jurisdiction for an offense which would constitute a violation of s or s Upon completion of the investigation, the provisions of s shall apply. The provisional license may be issued to a person who does not meet all of the licensing requirements established by this part, but the board shall by rule establish minimal requirements to ensure protection of the public health, safety, and welfare. The provisional license shall be issued to the person who is designated as the responsible person next in command in the event of the administrator s departure. The board may set an application fee not to exceed $500 for a provisional license. History. ss. 1, 2, ch ; s. 332, ch ; ss. 2, 3, ch ; ss. 10, 42, ch ; ss. 10, 16, 17, ch ; s. 40, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 193, ch ; s. 25, ch ; s. 84, ch Prohibitions; penalties. (1) No person shall: (a) Practice nursing home administration unless the person holds an active license to practice nursing home administration. (b) Use the name or title nursing home administrator when the person has not been licensed pursuant to this act. (c) Present as his or her own the license of another. (d) Give false or forged evidence to the board or a member thereof for the purpose of obtaining a license. (e) Use or attempt to use a nursing home administrator s license which has been suspended or revoked. (f) Knowingly employ unlicensed persons in the practice of nursing home administration. (g) Knowingly conceal information relative to violations of this part. (2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s or s History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 97, ch ; s. 4, ch ; s. 274, ch Disciplinary proceedings. (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s (2): (a) Violation of any provision of s (1) or s (1). (b) Attempting to procure a license to practice nursing home administration by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

8 (c) Having a license to practice nursing home administration revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (d) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of nursing home administration or the ability to practice nursing home administration. Any plea of nolo contendere shall be considered a conviction for purposes of this part. (e) Making or filing a report or record which the licensee knows to be false, intentionally failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed nursing home administrator. (f) Authorizing the discharge or transfer of a resident for a reason other than those provided in ss and (g) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. (h) Fraud or deceit, negligence, incompetence, or misconduct in the practice of nursing home administration. (i) Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board or department. (j) Practicing with a revoked, suspended, inactive, or delinquent license. (k) Repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. (l) Being unable to practice nursing home administration with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. In enforcing this paragraph, upon a finding of the State Surgeon General or his or her designee that probable cause exists to believe that the licensee is unable to serve as a nursing home administrator due to the reasons stated in this paragraph, the department shall have the authority to issue an order to compel the licensee to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with such order, the department s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or serves as a nursing home administrator. The licensee against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s A licensee affected under this paragraph shall have the opportunity, at reasonable intervals, to demonstrate that he or she can resume the competent practice of nursing home administration with reasonable skill and safety to patients.

9 (m) Willfully or repeatedly violating any of the provisions of the law, code, or rules of the licensing or supervising authority or agency of the state or political subdivision thereof having jurisdiction of the operation and licensing of nursing homes. (n) Paying, giving, causing to be paid or given, or offering to pay or to give to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home usage. (o) Willfully permitting unauthorized disclosure of information relating to a patient or his or her records. (p) Discriminating with respect to patients, employees, or staff on account of race, religion, color, sex, or national origin. (q) Failing to implement an ongoing quality assurance program directed by an interdisciplinary team that meets at least every other month. (r) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. (2) The board may enter an order denying licensure or imposing any of the penalties in s (2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s (1). (3) The department shall reissue the license of a disciplined licensee upon certification by the board that the disciplined licensee has complied with all of the terms and conditions set forth in the final order. History. ss. 1, 2, ch ; ss. 2, 3, ch ; ss. 11, 16, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; ss. 10, 192, ch ; s. 275, ch ; s. 80, ch ; s. 21, ch ; s. 138, ch ; s. 27, ch ; ss. 38, 83, ch ; s. 14, ch ; s. 90, ch Statute of limitations. An administrative complaint may only be filed pursuant to s for an act listed in s (1)(c)-(q) within 4 years from the time of the incident giving rise to the complaint, or within 4 years from the time the incident is discovered or should have been discovered. History. ss. 12, 17, ch ; s. 61, ch ; s. 10, ch ; s. 4, ch ; s. 193, ch ; s. 81, ch ; s. 26, ch ; s. 139, ch CHAPTER 456 HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS Definitions Applicability Legislative intent; requirements Department; powers and duties Long-range policy planning.

10 Contacting boards through department Board members Accountability and liability of board members Legal and investigative services Boards; organization; meetings; compensation and travel expenses Board rules; final agency action; challenges Department; general licensing provisions Public inspection of information required from applicants; exceptions; examination hearing Limited licenses Use of professional testing services Examinations Penalty for theft or reproduction of an examination Restriction on requirement of citizenship Qualification of immigrants for examination to practice a licensed profession or occupation Foreign-trained professionals; special examination and license provisions Exemption for certain out-of-state or foreign professionals; limited practice permitted Members of Armed Forces in good standing with administrative boards or the department; spouses Fees; receipts; disposition Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations Education; accreditation Consultation with postsecondary education boards prior to adoption of changes to training requirements Education; substituting demonstration of competency for clock-hour requirements Requirement for instruction on domestic violence Hepatitis B or HIV carriers Requirement for instruction for certain licensees on HIV and AIDS Athletic trainers and massage therapists; requirement for instruction on HIV and AIDS Address of record Licenses; active and inactive status; delinquency Business establishments; requirements for active status licenses; delinquency; discipline; applicability Renewal and cancellation notices Designated health care professionals; information required for licensure Advanced registered nurse practitioners; information required for certification.

11 Prescription labeling Practitioner profile; creation Practitioner profiles; update Practitioner profiles; data storage Practitioner profiles; rules; workshops Practitioner profiles; maintenance of superseded information Practitioner profiles; confidentiality Financial responsibility requirements for certain health care practitioners Health care practitioners; reports on professional liability claims and actions Reports of professional liability actions; bankruptcies; Department of Health s responsibility to provide Disclosure of financial interest by production Financial arrangements between referring health care providers and providers of health care services Kickbacks prohibited Chiropractic and podiatric health care; denial of payment; limitation Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians Ownership and control of patient records; report or copies of records to be furnished Duty to notify patients Disposition of records of deceased practitioners or practitioners relocating or terminating practice Communications confidential; exceptions Practitioner disclosure of confidential information; immunity from civil or criminal liability Advertisement by a health care practitioner of free or discounted services; required statement Sexual misconduct; disqualification for license, certificate, or registration Medicaid fraud; disqualification for license, certificate, or registration Unlicensed practice of a health care profession; intent; cease and desist notice; penalties; enforcement; citations; fees; allocation and disposition of moneys collected Prosecution of criminal violations Penalty for giving false information Toll-free telephone number for reporting of complaints Authority to inspect Power to administer oaths, take depositions, and issue subpoenas Grounds for discipline; penalties; enforcement Practitioners in default on student loan or scholarship obligations; investigation; report.

12 Disciplinary proceedings Certain health care practitioners; immediate suspension of license Criminal proceedings against licensees; appearances by department representatives Treatment programs for impaired practitioners Authority to issue citations Mediation Disciplinary guidelines Publication of information Disclosure of confidential information Health care professionals; exemption from disqualification from employment or contracting Practitioner registry for disasters and emergencies Complementary or alternative health care treatments Written prescriptions for medicinal drugs Electronic prescribing for medicinal drugs Repeated medical malpractice Definitions. As used in this chapter, the term: (1) Board means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss , , , , and , board means only a board, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the Division of Medical Quality Assurance. (2) Consumer member means a person appointed to serve on a specific board or who has served on a specific board, who is not, and never has been, a member or practitioner of the profession, or of any closely related profession, regulated by such board. (3) Department means the Department of Health. (4) Health care practitioner means any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part III or part IV of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491. (5) License means any permit, registration, certificate, or license, including a provisional license, issued by the department. (6) Licensee means any person or entity issued a permit, registration, certificate, or license, including a provisional license, by the department. (7) Profession means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance. History. s. 33, ch ; s. 72, ch ; s. 36, ch ; s. 2, ch

13 Note. Former s Applicability. This chapter applies only to the regulation by the department of professions. History. s. 34, ch ; s. 37, ch Note. Former s Legislative intent; requirements. (1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do so as a matter of right if otherwise qualified. (2) The Legislature further believes that such professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when: (a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation. (b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation. (c) Less restrictive means of regulation are not available. (3) It is further legislative intent that the use of the term profession with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law. (4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law. (b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment. (c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities. (5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies. (6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the

14 profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a declaratory statement. History. s. 38, ch ; s. 135, ch ; s. 38, ch ; s. 57, ch Note. Former s Department; powers and duties. The department, for the professions under its jurisdiction, shall: (1) Adopt rules establishing a procedure for the biennial renewal of licenses; however, the department may issue up to a 4-year license to selected licensees notwithstanding any other provisions of law to the contrary. The rules shall specify the expiration dates of licenses and the process for tracking compliance with continuing education requirements, financial responsibility requirements, and any other conditions of renewal set forth in statute or rule. Fees for such renewal shall not exceed the fee caps for individual professions on an annualized basis as authorized by law. (2) Appoint the executive director of each board, subject to the approval of the board. (3) Submit an annual budget to the Legislature at a time and in the manner provided by law. (4) Develop a training program for persons newly appointed to membership on any board. The program shall familiarize such persons with the substantive and procedural laws and rules and fiscal information relating to the regulation of the appropriate profession and with the structure of the department. (5) Adopt rules pursuant to ss (1) and to implement the provisions of this chapter. (6) Establish by rules procedures by which the department shall use the expert or technical advice of the appropriate board for the purposes of investigation, inspection, evaluation of applications, other duties of the department, or any other areas the department may deem appropriate. (7) Require all proceedings of any board or panel thereof and all formal or informal proceedings conducted by the department, an administrative law judge, or a hearing officer with respect to licensing or discipline to be electronically recorded in a manner sufficient to assure the accurate transcription of all matters so recorded. (8) Select only those investigators, or consultants who undertake investigations, who meet criteria established with the advice of the respective boards. (9) Work cooperatively with the Department of Revenue to establish an automated method for periodically disclosing information relating to current licensees to the Department of Revenue, the state s Title IV-D agency. The purpose of this subsection is to promote the public policy of this state relating to child support as established in s The department shall, when directed by the court or the Department of Revenue pursuant to s , suspend or deny the license of any licensee found not to be in compliance with a support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue. The department shall issue or reinstate the license without additional charge to the licensee when notified by the court or the Department of

15 Revenue that the licensee has complied with the terms of the support order. The department is not liable for any license denial or suspension resulting from the discharge of its duties under this subsection. (10) Set an examination fee that includes all costs to develop, purchase, validate, administer, and defend the examination and is an amount certain to cover all administrative costs plus the actual perapplicant cost of the examination. (11) Work cooperatively with the Agency for Health Care Administration and the judicial system to recover Medicaid overpayments by the Medicaid program. The department shall investigate and prosecute health care practitioners who have not remitted amounts owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement. History. s. 39, ch ; s. 118, ch ; s. 74, ch ; s. 39, ch ; s. 52, ch ; s. 5, ch ; s. 6, ch ; s. 21, ch Note. Former s Long-range policy planning. To facilitate efficient and cost-effective regulation, the department and the board, if appropriate, shall develop and implement a long-range policy planning and monitoring process that includes recommendations specific to each profession. The process shall include estimates of revenues, expenditures, cash balances, and performance statistics for each profession. The period covered may not be less than 5 years. The department, with input from the boards and licensees, shall develop and adopt the long-range plan. The department shall monitor compliance with the plan and, with input from the boards and licensees, shall annually update the plans. The department shall provide concise management reports to the boards quarterly. As part of the review process, the department shall evaluate: (1) Whether the department, including the boards and the various functions performed by the department, is operating efficiently and effectively and if there is a need for a board or council to assist in cost-effective regulation. (2) How and why the various professions are regulated. (3) Whether there is a need to continue regulation, and to what degree. (4) Whether or not consumer protection is adequate, and how it can be improved. (5) Whether there is consistency between the various practice acts. (6) Whether unlicensed activity is adequately enforced. The plans shall include conclusions and recommendations on these and other issues as appropriate. History. s. 40, ch ; s. 40, ch ; s. 61, ch ; s. 148, ch Note. Former s

16 Contacting boards through department. Each board under the jurisdiction of the department may be contacted through the headquarters of the department in the City of Tallahassee. History. s. 41, ch ; s. 40, ch Note. Former s Board members. Notwithstanding any provision of law to the contrary, any person who otherwise meets the requirements of law for board membership and who is connected in any way with any medical college, dental college, or community college may be appointed to any board so long as that connection does not result in a relationship wherein such college represents the person s principal source of income. However, this section shall not apply to the physicians required by s (2) to be on the faculty of a medical school in this state or on the full-time staff of a teaching hospital in this state. History. s. 2, ch ; s. 1, ch ; s. 3, ch ; s. 42, ch ; s. 17, ch ; s. 40, ch Note. Former s ; s Accountability and liability of board members. (1) Each board member shall be accountable to the Governor for the proper performance of duties as a member of the board. The Governor shall investigate any legally sufficient complaint or unfavorable written report received by the Governor or by the department or a board concerning the actions of the board or its individual members. The Governor may suspend from office any board member for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his or her official duties, or commission of a felony. (2) Each board member and each former board member serving on a probable cause panel shall be exempt from civil liability for any act or omission when acting in the member s official capacity, and the department shall defend any such member in any action against any board or member of a board arising from any such act or omission. In addition, the department may defend the member s company or business in any action against the company or business if the department determines that the actions from which the suit arises are actions taken by the member in the member s official capacity and were not beyond the member s statutory authority. In providing such defense, the department may employ or utilize the legal services of the Department of Legal Affairs or outside counsel retained pursuant to s Fees and costs of providing legal services provided under this subsection shall be paid from a trust fund used by the department to implement this chapter, subject to the provisions of s History. s. 45, ch ; s. 21, ch. 99-7; s. 153, ch ; s. 41, ch Note. Former s Legal and investigative services. (1) The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs, by retaining private counsel pursuant to s , or by

17 providing department staff counsel. The primary responsibility of board counsel shall be to represent the interests of the citizens of the state. A board shall provide for the periodic review and evaluation of the services provided by its board counsel. Fees and costs of such counsel shall be paid from a trust fund used by the department to implement this chapter, subject to the provisions of s All contracts for independent counsel shall provide for periodic review and evaluation by the board and the department of services provided. (2) The department may employ or use the legal services of outside counsel and the investigative services of outside personnel. However, no attorney employed or utilized by the department shall prosecute a matter and provide legal services to the board with respect to the same matter. (3) Any person retained by the department under contract to review materials, make site visits, or provide expert testimony regarding any complaint or application filed with the department relating to a profession under the jurisdiction of the department shall be considered an agent of the department in determining the state insurance coverage and sovereign immunity protection applicability of ss and History. s. 60, ch ; s. 154, ch ; s. 42, ch Note. Former s Boards; organization; meetings; compensation and travel expenses. (1) Each board within the department shall comply with the provisions of this chapter. (2) The board shall annually elect from among its number a chairperson and vice chairperson. (3) The board shall meet at least once annually and may meet as often as is necessary. Meetings shall be conducted through teleconferencing or other technological means, unless disciplinary hearings involving standard of care, sexual misconduct, fraud, impairment, or felony convictions; licensure denial hearings; or controversial rule hearings are being conducted; or unless otherwise approved in advance of the meeting by the director of the Division of Medical Quality Assurance. The chairperson or a quorum of the board shall have the authority to call meetings, except as provided above relating to in-person meetings. A quorum shall be necessary for the conduct of official business by the board or any committee thereof. Unless otherwise provided by law, 51 percent or more of the appointed members of the board or any committee, when applicable, shall constitute a quorum. The membership of committees of the board, except as otherwise authorized pursuant to this chapter or the applicable practice act, shall be composed of currently appointed members of the board. The vote of a majority of the members of the quorum shall be necessary for any official action by the board or committee. Three consecutive unexcused absences or absences constituting 50 percent or more of the board s meetings within any 12-month period shall cause the board membership of the member in question to become void, and the position shall be considered vacant. The board, or the department when there is no board, shall, by rule, define unexcused absences.

18 (4) Unless otherwise provided by law, a board member or former board member serving on a probable cause panel shall be compensated $50 for each day in attendance at an official meeting of the board and for each day of participation in any other business involving the board. Each board shall adopt rules defining the phrase other business involving the board, but the phrase may not routinely be defined to include telephone conference calls that last less than 4 hours. A board member also shall be entitled to reimbursement for expenses pursuant to s Travel out of state shall require the prior approval of the State Surgeon General. (5) When two or more boards have differences between them, the boards may elect to, or the State Surgeon General may request that the boards, establish a special committee to settle those differences. The special committee shall consist of three members designated by each board, who may be members of the designating board or other experts designated by the board, and of one additional person designated and agreed to by the members of the special committee. In the event the special committee cannot agree on the additional designee, upon request of the special committee, the State Surgeon General may select the designee. The committee shall recommend rules necessary to resolve the differences. If a rule adopted pursuant to this provision is challenged, the participating boards shall share the costs associated with defending the rule or rules. The department shall provide legal representation for any special committee established pursuant to this section. History. s. 43, ch ; s. 43, ch ; s. 10, ch ; s. 62, ch Note. Former s Board rules; final agency action; challenges. (1) The State Surgeon General shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the State Surgeon General, may declare all or part of a rule or proposed rule invalid if it: (a) Does not protect the public from any significant and discernible harm or damages; (b) Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or (c) Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit. However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged. (2) In addition, either the State Surgeon General or the board shall be a substantially interested party for purposes of s (7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s challenging the final agency action.

19 (3) No board created within the department shall have standing to challenge a rule or proposed rule of another board. However, if there is a dispute between boards concerning a rule or proposed rule, the boards may avail themselves of the provisions of s (5). History. s. 46, ch ; s. 44, ch ; s. 63, ch Note. Former s Department; general licensing provisions. (1)(a) Any person desiring to be licensed in a profession within the jurisdiction of the department shall apply to the department in writing to take the licensure examination. The application shall be made on a form prepared and furnished by the department. The application form must be available on the World Wide Web and the department may accept electronically submitted applications beginning July 1, The application shall require the social security number of the applicant, except as provided in paragraph (b). The form shall be supplemented as needed to reflect any material change in any circumstance or condition stated in the application which takes place between the initial filing of the application and the final grant or denial of the license and which might affect the decision of the department. If an application is submitted electronically, the department may require supplemental materials, including an original signature of the applicant and verification of credentials, to be submitted in a nonelectronic format. An incomplete application shall expire 1 year after initial filing. In order to further the economic development goals of the state, and notwithstanding any law to the contrary, the department may enter into an agreement with the county tax collector for the purpose of appointing the county tax collector as the department s agent to accept applications for licenses and applications for renewals of licenses. The agreement must specify the time within which the tax collector must forward any applications and accompanying application fees to the department. (b) If an applicant has not been issued a social security number by the Federal Government at the time of application because the applicant is not a citizen or resident of this country, the department may process the application using a unique personal identification number. If such an applicant is otherwise eligible for licensure, the board, or the department when there is no board, may issue a temporary license to the applicant, which shall expire 30 days after issuance unless a social security number is obtained and submitted in writing to the department. Upon receipt of the applicant s social security number, the department shall issue a new license, which shall expire at the end of the current biennium. (2) Before the issuance of any license, the department shall charge an initial license fee as determined by the applicable board or, if there is no board, by rule of the department. Upon receipt of the appropriate license fee, the department shall issue a license to any person certified by the appropriate board, or its designee, as having met the licensure requirements imposed by law or rule. The license shall consist of a wallet-size identification card and a wall card measuring 61/2 inches by 5