SESSION WATCH
THE BILL ITSELF

CS/HB 733

Department of Health

VERSION H 733 e1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.4019, F.S.; revising the definition of the term
4 "dental health professional shortage area"; defining
5 the term "low-income"; deleting the definition of the
6 term "medically underserved area"; revising
7 eligibility requirements for dentists and dental
8 hygienists participating in the Dental Student Loan
9 Repayment Program; amending s. 381.986, F.S.; revising
10 the definition of the term "low-THC cannabis";
11 revising requirements for department approval of
12 qualified physicians and medical directors of medical
13 marijuana treatment centers; deleting obsolete
14 language; creating s. 381.994, F.S.; creating the
15 Neurofibromatosis Disease Grant Program within the
16 Department of Health; providing purpose of the
17 program; requiring, subject to appropriation, the
18 program to award certain grants; providing
19 requirements for grant applications; requiring the
20 Rare Disease Advisory Council and the peer review
21 panels to establish and follow specified guidelines;
22 prohibiting members of the council and panels from
23 participating in certain discussions and decisions
24 under certain circumstances; authorizing certain
25 appropriation funds to be carried forward under
26 certain circumstances; amending s. 383.14, F.S.;
27 beginning on a specified date, subject to
28 appropriation, requiring the department require
29 newborns be screened for infantile Krabbe disease;
30 requiring the Department of Health to create a
31 pamphlet; providing instruction on the contents that
32 must be included in the pamphlet; amending s. 391.308,
33 F.S.; revising duties of the department in
34 administering the Early Steps Program; revising
35 provisions related to transitioning children from the
36 Early Steps Program to school district programs;
37 amending s. 391.3081, F.S.; revising provisions
38 relating to the Early Steps Extended Option to conform
39 to changes made by the act; amending s. 395.4025,
40 F.S.; requiring the department to designate certain
41 facilities as pediatric trauma centers; amending s.
42 456.074, F.S.; requiring the department to issue an
43 emergency order suspending the license of a health
44 care practitioner arrested for committing or
45 attempting, soliciting, or conspiring to commit murder
46 in this state or another jurisdiction; amending s.
47 464.0156, F.S.; authorizing a registered nurse to
48 delegate the administration of certain controlled
49 substances to a home health aide for medically fragile
50 children under certain circumstances; amending s.
51 466.023, F.S.; allowing dental hygienists to use
52 certain tools under the direct supervision of a
53 dentist; amending s. 480.034, F.S.; exempting licensed
54 cosmetologists from certain registration requirements;
55 defining the term "aesthetic body contouring
56 services"; amending s. 491.005, F.S.; revising the
57 deadline for program accreditation; amending s.
58 741.21, F.S.; prohibiting marriage between certain
59 related individuals; amending s. 766.1115, F.S.;
60 revising the definition of "health care provider" or
61 "provider" to include certain students; amending s.
62 1004.551, F.S.; revising requirements for the micro-
63 credential component of specialized training provided
64 by the University of Florida Center for Autism and
65 Neurodevelopment; amending s. 381.986, F.S.; extending
66 the exemption of certain rules pertaining to the
67 medical use of marijuana from certain rulemaking
68 requirements; amending ch. 2017-232, Laws of Florida;
69 exempting certain rules pertaining to medical
70 marijuana adopted to replace emergency rules from
71 specified rulemaking requirements; providing for the
72 future expiration and reversion of specified statutory
73 text; providing an effective date.
75 Be It Enacted by the Legislature of the State of Florida:
77 Section 1. Paragraphs (a) and (e) of subsection (1),
78 paragraphs (a) and (b) of subsection (2), and paragraph (b) of
79 subsection (4) of section 381.4019, Florida Statutes, are
80 amended to read:
81 381.4019 Dental Student Loan Repayment Program.—The Dental
82 Student Loan Repayment Program is established to support the
83 state Medicaid program and promote access to dental care by
84 supporting qualified dentists and dental hygienists who treat
85 medically underserved populations in dental health professional
86 shortage areas or medically underserved areas.
87 (1) As used in this section, the term:
88 (a) "Dental health professional shortage area" means a
89 geographic area, an area with a special population, or a
90 facility designated as such by the Health Resources and Services
91 Administration of the United States Department of Health and
92 Human Services.
93 (e) "Low-income," with respect to a person, means a person
94 who meets the criteria specified in s. 766.1115(3)(e) "Medically
95 underserved area" means a geographic area, an area having a
96 special population, or a facility which is designated by
97 department rule as a health professional shortage area as
98 defined by federal regulation and which has a shortage of dental
99 health professionals who serve Medicaid recipients and other
100 low-income patients.
101 (2) The department shall establish a dental student loan
102 repayment program to benefit Florida-licensed dentists and
103 dental hygienists who:
104 (a) Demonstrate, as required by department rule, active
105 employment in a public health program or private practice that
106 serves Medicaid recipients and other low-income patients and is
107 located in a dental health professional shortage area or a
108 medically underserved area; and
109 (b) Volunteer 25 hours per year providing dental services
110 in a free clinic that is located in a dental health professional
111 shortage area or a medically underserved area, through another
112 volunteer program operated under by the state pursuant to part
113 IV of chapter 110, or through a pro bono program approved by the
114 Board of Dentistry. In order to meet the requirements of this
115 paragraph, the volunteer hours must be verifiable in a manner
116 determined by the department.
117 (4) A dentist or dental hygienist is not eligible to
118 receive funds under the loan program if the dentist or dental
119 hygienist:
120 (b) Ceases to provide services to low-income patients
121 participate in the Florida Medicaid program.
122 Section 2. Paragraph (f) of subsection (1), paragraphs (a)
123 and (c) of subsection (3), paragraph (h) of subsection (4), and
124 paragraph (a) of subsection (8) of section 381.986, Florida
125 Statutes, are amended to read:
126 381.986 Medical use of marijuana.—
127 (1) DEFINITIONS.—As used in this section, the term:
128 (f) "Low-THC cannabis" means a plant of the genus
129 Cannabis, whether growing or not the dried flowers of which
130 contain 0.8 percent or less of tetrahydrocannabinol and more
131 than 10 percent of cannabidiol weight for weight; the seeds
132 thereof; the resin extracted from any part of such plant; and
133 every or any compound, manufacture, salt, derivative, mixture,
134 or preparation of such plant or its seeds or resin, excluding
135 edibles; which contains 0.8 percent or less of
136 tetrahydrocannabinol and more than 2 percent cannabidiol, weight
137 for weight, which that is dispensed from a medical marijuana
138 treatment center.
139 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
140 (a) Before being approved as a qualified physician and
141 before each license renewal, a physician must successfully
142 complete a 2-hour course and subsequent examination offered by
143 the Florida Medical Association or the Florida Osteopathic
144 Medical Association which encompass the requirements of this
145 section and any rules adopted hereunder. Qualified physicians
146 must renew the course certification biennially. The course and
147 examination must be administered at least annually and may be
148 offered in a distance learning format, including an electronic,
149 online format that is available upon request. The price of the
150 course may not exceed $500.
151 (c) Before being employed as a medical director and before
152 each license renewal, a medical director must successfully
153 complete a 2-hour course and subsequent examination offered by
154 the Florida Medical Association or the Florida Osteopathic
155 Medical Association which encompass the requirements of this
156 section and any rules adopted hereunder. Medical directors must
157 renew the course certification biennially. The course and
158 examination must be administered at least annually and may be
159 offered in a distance learning format, including an electronic,
160 online format that is available upon request. The price of the
161 course may not exceed $500.
162 (4) PHYSICIAN CERTIFICATION.—
163 (h) An active order for low-THC cannabis or medical
164 cannabis issued pursuant to former s. 381.986, Florida Statutes
165 2016, and registered with the compassionate use registry before
166 June 23, 2017, is deemed a physician certification, and all
167 patients possessing such orders are deemed qualified patients
168 until the department begins issuing medical marijuana use
169 registry identification cards.
170 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
171 (a) The department shall license medical marijuana
172 treatment centers to ensure reasonable statewide accessibility
173 and availability as necessary for qualified patients registered
174 in the medical marijuana use registry and who are issued a
175 physician certification under this section.
176 1. As soon as practicable, but no later than July 3, 2017,
177 the department shall license as a medical marijuana treatment
178 center any entity that holds an active, unrestricted license to
179 cultivate, process, transport, and dispense low-THC cannabis,
180 medical cannabis, and cannabis delivery devices, under former s.
181 381.986, Florida Statutes 2016, before July 1, 2017, and which
182 meets the requirements of this section. In addition to the
183 authority granted under this section, these entities are
184 authorized to dispense low-THC cannabis, medical cannabis, and
185 cannabis delivery devices ordered pursuant to former s. 381.986,
186 Florida Statutes 2016, which were entered into the compassionate
187 use registry before July 1, 2017, and are authorized to begin
188 dispensing marijuana under this section on July 3, 2017. The
189 department may grant variances from the representations made in
190 such an entity's original application for approval under former
191 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
192 2. The department shall license as medical marijuana
193 treatment centers 10 applicants that meet the requirements of
194 this section, under the following parameters:
195 a. As soon as practicable, but no later than August 1,
196 2017, the department shall license any applicant whose
197 application was reviewed, evaluated, and scored by the
198 department and which was denied a dispensing organization
199 license by the department under former s. 381.986, Florida
200 Statutes 2014; which had one or more administrative or judicial
201 challenges pending as of January 1, 2017, or had a final ranking
202 within one point of the highest final ranking in its region
203 under former s. 381.986, Florida Statutes 2014; which meets the
204 requirements of this section; and which provides documentation
205 to the department that it has the existing infrastructure and
206 technical and technological ability to begin cultivating
207 marijuana within 30 days after registration as a medical
208 marijuana treatment center.
209 b. As soon as practicable, the department shall license
210 one applicant that is a recognized class member of Pigford v.
211 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
212 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
213 under this sub-subparagraph is exempt from the requirement of
214 subparagraph (b)2. An applicant that applies for licensure under
215 this sub-subparagraph, pays its initial application fee, is
216 determined by the department through the application process to
217 qualify as a recognized class member, and is not awarded a
218 license under this sub-subparagraph may transfer its initial
219 application fee to one subsequent opportunity to apply for
220 licensure under subparagraph 4.
221 c. As soon as practicable, but no later than October 3,
222 2017, the department shall license applicants that meet the
223 requirements of this section in sufficient numbers to result in
224 10 total licenses issued under this subparagraph, while
225 accounting for the number of licenses issued under sub-
226 subparagraphs a. and b.
227 3. For up to two of the licenses issued under subparagraph
228 2., the department shall give preference to applicants that
229 demonstrate in their applications that they own one or more
230 facilities that are, or were, used for the canning,
231 concentrating, or otherwise processing of citrus fruit or citrus
232 molasses and will use or convert the facility or facilities for
233 the processing of marijuana.
234 4. Within 6 months after the registration of 100,000
235 active qualified patients in the medical marijuana use registry,
236 the department shall license four additional medical marijuana
237 treatment centers that meet the requirements of this section.
238 Thereafter, the department shall license four medical marijuana
239 treatment centers within 6 months after the registration of each
240 additional 100,000 active qualified patients in the medical
241 marijuana use registry that meet the requirements of this
242 section.
243 Section 3. Section 381.994, Florida Statutes, is created
244 to read:
245 381.994 Neurofibromatosis Disease Grant Program.—
246 (1)(a) There is created within the Department of Health
247 the Neurofibromatosis Disease Grant Program. The purpose of the
248 program is to advance the progress of research and cures for
249 neurofibromatosis by awarding grants through a competitive,
250 peer-reviewed process.
251 (b) Subject to legislative appropriation, the program
252 shall award grants for scientific and clinical research to
253 further the search for new diagnostics, treatments, and cures
254 for neurofibromatosis.
255 (2)(a) Applications for grants for neurofibromatosis
256 disease research may be submitted by any university or
257 established research institute in the state. All qualified
258 investigators in the state, regardless of institutional
259 affiliation, shall have equal access and opportunity to compete
260 for the research funding. Preference may be given to grant
261 proposals that foster collaboration among institutions,
262 researchers, and community practitioners, as such proposals
263 support the advancement of treatments and cures of
264 neurofibromatosis through basic or applied research. Grants
265 shall be awarded by the department, after consultation with the
266 Rare Disease Advisory Council, pursuant to s. 381.99, on the
267 basis of scientific merit, as determined by the competitive,
268 peer-reviewed process to ensure objectivity, consistency, and
269 high quality. The following types of applications may be
270 considered for funding:
271 1. Investigator-initiated research grants.
272 2. Institutional research grants.
273 3. Collaborative research grants, including those that
274 advance the finding of treatment and cures through basic or
275 applied research.
276 (b) To ensure appropriate and fair evaluation of grant
277 applications based on scientific merit, the department shall
278 appoint peer review panels of independent, scientifically
279 qualified individuals to review the scientific merit of each
280 proposal and establish its priority score. The priority scores
281 shall be forwarded to the council and must be considered in
282 determining which proposals shall be recommended for funding.
283 (3) The Rare Disease Advisory Council and the peer review
284 panels shall establish and follow rigorous guidelines for
285 ethical conduct and adhere to a strict policy with regard to
286 conflicts of interest. A member of the council or panel may not
287 participate in any discussion or decision of the council or
288 panel with respect to a research proposal by any firm, entity,
289 or agency that the member is associated with as a member of the
290 governing body or as an employee or with which the member has
291 entered into a contractual arrangement.
292 (4) Notwithstanding s. 216.301 and pursuant to s. 216.351,
293 the balance of any appropriation from the General Revenue Fund
294 for the Neurofibromatosis Disease Grant Program that is not
295 disbursed but that is obligated pursuant to contract or
296 committed to be expended by June 30 of the fiscal year in which
297 the funds are appropriated may be carried forward for up to 5
298 years after the effective date of the original.
299 Section 4. Paragraph (a) of subsection (2) of section
300 383.14, Florida Statutes, is amended, and paragraph (i) is added
301 to subsection (3) of that section, to read:
302 383.14 Screening for metabolic disorders, other hereditary
303 and congenital disorders, and environmental risk factors.—
304 (2) RULES.—
305 (a) After consultation with the Genetics and Newborn
306 Screening Advisory Council, the department shall adopt and
307 enforce rules requiring that every newborn in this state shall:
308 1. Before becoming 1 week of age, have a blood specimen
309 collected for newborn screenings;
310 2. Be tested for any condition included on the federal
311 Recommended Uniform Screening Panel which the council advises
312 the department should be included under the state's screening
313 program. After the council recommends that a condition be
314 included, the department shall submit a legislative budget
315 request to seek an appropriation to add testing of the condition
316 to the newborn screening program. The department shall expand
317 statewide screening of newborns to include screening for such
318 conditions within 18 months after the council renders such
319 advice, if a test approved by the United States Food and Drug
320 Administration or a test offered by an alternative vendor is
321 available. If such a test is not available within 18 months
322 after the council makes its recommendation, the department shall
323 implement such screening as soon as a test offered by the United
324 States Food and Drug Administration or by an alternative vendor
325 is available;
326 3. At the appropriate age, be tested for such other
327 metabolic diseases and hereditary or congenital disorders as the
328 department may deem necessary; and
329 4. Subject to legislative appropriation, beginning January
330 1, 2027, be screened for infantile Krabbe disease; and
331 5.4. Subject to legislative appropriation, beginning
332 January 1, 2027, be screened for Duchenne muscular dystrophy.
333 (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The
334 department shall administer and provide certain services to
335 implement the provisions of this section and shall:
336 (i) Create an evidence-based, educational pamphlet on the
337 nutritional needs of preterm infants for parents and guardians
338 of infants receiving care in a neonatal intensive care unit. By
339 January 1, 2027, the department must make the pamphlet available
340 electronically to hospitals licensed under chapter 395 to
341 provide neonatal intensive care services. The pamphlet must
342 include, but is not limited to, information related to preterm
343 infants on the following subjects:
344 1. The specific nutritional needs of preterm infants;
345 2. The health risks associated with nutritional deficits
346 and the potential need for nutritional supplementation;
347 3. Different nutritional sources for infants, including
348 maternal breast milk, pasteurized human donor milk, infant
349 formula, human-milk-derived fortifiers, and bovine-milk-derived
350 fortifiers, and the recommended uses for each;
351 4. The importance of maternal breast milk for meeting the
352 nutritional and developmental needs of infants, and the
353 alternative of pasteurized human donor milk if maternal breast
354 milk is not available;
355 5. The potential risks associated with the use of infant
356 formula, including preterm infant formula, as a sole or primary
357 nutrition source; and
358 6. Necrotizing enterocolitis, the risk factors for
359 necrotizing enterocolitis, and the potential for a human-milk-
360 based diet, including maternal and pasteurized donor breast milk
361 and human-milk-derived infant fortifiers, to reduce the risk of
362 necrotizing enterocolitis.
364 All provisions of this subsection must be coordinated with the
365 provisions and plans established under this chapter, chapter
366 411, and Pub. L. No. 99-457.
367 Section 5. Paragraphs (a) and (j) of subsection (2) and
368 paragraphs (a) and (b) of subsection (7) of section 391.308,
369 Florida Statutes, are amended to read:
370 391.308 Early Steps Program.—The department shall
371 implement and administer part C of the federal Individuals with
372 Disabilities Education Act (IDEA), which shall be known as the
373 "Early Steps Program."
374 (2) DUTIES OF THE DEPARTMENT.—The department shall:
375 (a) Annually prepare a grant application to the Federal
376 Government requesting the United States Department of Education
377 for funding for early intervention services for infants and
378 toddlers with disabilities and their families pursuant to part C
379 of the federal Individuals with Disabilities Education Act.
380 (j) Establish procedures for dispute resolution and
381 mediation as outlined in part C of the federal Individuals with
382 Disabilities Education Act Provide a mediation process and if
383 necessary, an appeals process for applicants found ineligible
384 for developmental evaluation or early intervention services or
385 denied financial support for such services.
386 (7) TRANSITION TO EDUCATION.—
387 (a) The department shall establish statewide uniform
388 protocols and procedures for transition to a school district
389 program for children with disabilities or to another program as
390 part of an individual family support plan pursuant to part C of
391 the federal Individuals with Disabilities Education Act. At
392 least 90 days before a child reaches 3 years of age, the local
393 program office shall initiate transition planning to ensure the
394 child's successful transition from the Early Steps Program to a
395 school district program for children with disabilities or to
396 another program as part of an individual family support plan.
397 (b) At least 90 days before a child reaches 3 years of
398 age, the local program office shall:
399 1. Notify the local school district in which the child
400 resides and the Department of Education that the child may be
401 eligible for special education or related services as determined
402 by the local school district pursuant to ss. 1003.21 and
403 1003.57, unless the child's parent or legal guardian has opted
404 out of such notification; and
405 2. Upon approval by the child's parent or legal guardian,
406 convene a transition conference that includes participation of a
407 local school district representative and the parent or legal
408 guardian to discuss options for and availability of services.
409 Section 6. Subsection (5) of section 391.3081, Florida
410 Statutes, is amended to read:
411 391.3081 Early Steps Extended Option.—
412 (5) TRANSITION TO EDUCATION.—The department shall
413 establish statewide uniform protocols and procedures for
414 transition to a school district program for children with
415 disabilities or to another program as part of an individual
416 family support plan pursuant to part C of the federal
417 Individuals with Disabilities Education Act.
418 (a) At least 90 days before the beginning of the school
419 year following the fourth birthday of a child enrolled in the
420 Early Steps Extended Option, the local program office shall
421 initiate transition planning to ensure the child's successful
422 transition from the Early Steps Extended Option to a school
423 district program under part B of the federal Individuals with
424 Disabilities Education Act or to another program as part of an
425 individual family support plan. Specifically, the local program
426 office shall:
427 1. Notify the Department of Education and the local school
428 district in which the child resides that the eligible child is
429 exiting the Early Steps Extended Option, unless the child's
430 parent or legal guardian has opted out of such notification; and
431 2. Upon approval by the child's parent or legal guardian,
432 convene a transition conference that includes participation of a
433 local school district representative and the parent or legal
434 guardian to discuss options for and availability of services.
435 (b) The local program office, in conjunction with the
436 local school district, shall modify a child's individual family
437 support plan, or, if applicable, the local school district shall
438 develop or review an individual education plan for the child
439 pursuant to ss. 1003.57, 1003.571, and 1003.5715 which
440 identifies special education or related services that the child
441 will receive and the providers or agencies that will provide
442 such services.
443 (c) If a child is found to be no longer eligible for part
444 B of the federal Individuals with Disabilities Education Act
445 during the review of an individual education plan, the local
446 program office and the local school district must provide the
447 child's parent or legal guardian with written information on
448 other available services or community resources.
449 Section 7. Paragraph (g) of subsection (16) of section
450 395.4025, Florida Statutes, is redesignated as paragraph (h) and
451 a new paragraph (g) is added to subsection (16) of that section
452 to read:
453 395.4025 Trauma centers; selection; quality assurance;
454 records.—
455 (16)
456 (g) Notwithstanding the statutory capacity limits
457 established in s. 395.402(1), the provisions of subsection (8),
458 or any other provision of this part, specialty licensed
459 children's hospitals licensed by the agency shall be designated
460 by the department as a Level I or Level II pediatric trauma
461 center based on documentation of a valid certificate of trauma
462 center verification by the American College of Surgeons.
463 Section 8. Present paragraphs (d) through (hh) of
464 subsection (5) of section 456.074, Florida Statutes, are
465 redesignated as paragraphs (e) through (ii), respectively, and a
466 new paragraph (d) is added to that subsection, to read:
467 456.074 Certain health care practitioners; immediate
468 suspension of license.—
469 (5) The department shall issue an emergency order
470 suspending the license of any health care practitioner who is
471 arrested for committing or attempting, soliciting, or conspiring
472 to commit any act that would constitute a violation of any of
473 the following criminal offenses in this state or similar
474 offenses in another jurisdiction:
475 (d) Section 782.04, relating to murder.
476 Section 9. Paragraph (c) of subsection (2) of section
477 464.0156, Florida Statutes, is amended to read:
478 464.0156 Delegation of duties.—
479 (2)
480 (c) A registered nurse may not delegate the administration
481 of any controlled substance listed in Schedule II, Schedule III,
482 or Schedule IV of s. 893.03 or 21 U.S.C. s. 812, except that a
483 registered nurse may delegate:
484 1. for The administration of an insulin syringe that is
485 prefilled with the proper dosage by a pharmacist or an insulin
486 pen that is prefilled by the manufacturer; and
487 2. To a home health aide for medically fragile children as
488 defined in s. 400.462, the administration of a Schedule IV
489 controlled substance prescribed for the emergency treatment of
490 an active seizure.
491 Section 10. Subsections (8) and (9) are added to section
492 466.023, Florida Statutes, to read:
493 466.023 Dental hygienists; scope and area of practice.—
494 (8) A dental hygienist, under the direct supervision of a
495 licensed dentist, may use a dental diode laser for the purpose
496 of bacterial reduction or disinfection of gingival sulcus at
497 settings that preclude hard and soft tissue removal except for
498 incidental gingival curettage, in a manner consistent with the
499 dental hygienist's scope of practice, if the following criteria
500 are met:
501 (a) The dental hygienist has obtained certification for
502 the completion of an interactive didactic and clinical training
503 course which includes laser safety, infection control, patient
504 management, and the operation of specific lasers used in dental
505 practice. The course must consist of a minimum of 12 hours of
506 in-person instruction, including 3 hours of clinical simulation
507 training, which must be obtained through a course provided or
508 recognized by the Commission on Dental Accreditation of the
509 American Dental Association or an organization approved by the
510 board.
511 (b) The dental hygienist maintains evidence of obtaining
512 the required certification which is prominently displayed at the
513 location where the dental hygienist is authorized to use a
514 dental diode laser.
515 (c) The dental hygienist completes 2 hours of continuing
516 education every 2 years on the use of dental diode lasers in the
517 practice of dental hygiene.
518 (d) The dental hygienist provides evidence of completion
519 of the required certification and continuing education to the
520 board.
521 (e) The supervising dentist has received a minimum of 12
522 hours of education and training on the use of lasers in a dental
523 setting.
524 (f) All lasers are used in accordance with accepted safety
525 guidelines.
526 (9) When using a dental diode laser pursuant to this
527 section, a dental hygienist shall document all of the following
528 information in the patient's record:
529 (a) The type of laser used, including the wavelength of
530 the laser.
531 (b) The settings used, such as pulse or continuous wave,
532 and the power setting.
533 (c) Local anesthesia used, if any.
534 (d) The procedure attempted and performed, including
535 details as to whether hard or soft tissue was removed.
536 Section 11. Subsection (4) of section 480.034, Florida
537 Statutes, is renumbered as subsection (5), and a new subsection
538 (4) is added to that section to read:
539 480.034 Exemptions.—
540 (4) Cosmetologists licensed under chapter 477 performing
541 aesthetic body contouring services are exempt from the
542 registration requirements of this act. As used in this
543 subsection, the term "aesthetic body contouring services" means
544 noninvasive, nonmedical services performed for cosmetic purposes
545 which are intended to temporarily shape, sculpt, tone, or
546 contour areas of the body through external application to the
547 skin using manual manipulation techniques through the use of
548 hands, noninvasive tools, wraps, or scrubs.
549 Section 12. Paragraph (c) of subsection (3) of section
550 491.005, Florida Statutes, is amended to read:
551 491.005 Licensure by examination.—
552 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
553 documentation and payment of a fee not to exceed $200, as set by
554 board rule, the department shall issue a license as a marriage
555 and family therapist to an applicant whom the board certifies
556 has met all of the following criteria:
557 (c)1. Attained one of the following:
558 a. A minimum of a master's degree in marriage and family
559 therapy from a program accredited by the Commission on
560 Accreditation for Marriage and Family Therapy Education.
561 b. A minimum of a master's degree with a major emphasis in
562 marriage and family therapy or a closely related field from a
563 university program accredited by the Council on Accreditation of
564 Counseling and Related Educational Programs and graduate courses
565 approved by the board.
566 c. A minimum of a master's degree with an emphasis in
567 marriage and family therapy or a closely related field, with a
568 degree conferred before September 1, 2032 2027, from an
569 institutionally accredited college or university and graduate
570 courses approved by the board.
571 2. If the course title that appears on the applicant's
572 transcript does not clearly identify the content of the
573 coursework, the applicant provided additional documentation,
574 including, but not limited to, a syllabus or catalog description
575 published for the course. The required master's degree must have
576 been received in an institution of higher education that, at the
577 time the applicant graduated, was fully accredited by an
578 institutional accrediting body recognized by the Council for
579 Higher Education Accreditation or its successor organization or
580 was a member in good standing with Universities Canada, or an
581 institution of higher education located outside the United
582 States and Canada which, at the time the applicant was enrolled
583 and at the time the applicant graduated, maintained a standard
584 of training substantially equivalent to the standards of
585 training of those institutions in the United States which are
586 accredited by an institutional accrediting body recognized by
587 the Council for Higher Education Accreditation or its successor
588 organization. Such foreign education and training must have been
589 received in an institution or program of higher education
590 officially recognized by the government of the country in which
591 it is located as an institution or program to train students to
592 practice as professional marriage and family therapists or
593 psychotherapists. The applicant has the burden of establishing
594 that the requirements of this provision have been met, and the
595 board shall require documentation, such as an evaluation by a
596 foreign equivalency determination service, as evidence that the
597 applicant's graduate degree program and education were
598 equivalent to an accredited program in this country. An
599 applicant with a master's degree from a program that did not
600 emphasize marriage and family therapy may complete the
601 coursework requirement in a training institution fully
602 accredited by the Commission on Accreditation for Marriage and
603 Family Therapy Education recognized by the United States
604 Department of Education.
606 For the purposes of dual licensure, the department shall license
607 as a marriage and family therapist any person who meets the
608 requirements of s. 491.0057. Fees for dual licensure may not
609 exceed those stated in this subsection.
610 Section 13. Section 741.21, Florida Statutes, is amended
611 to read:
612 741.21 Incestuous marriages prohibited.—
613 (1) A man may not marry any woman to whom he is related by
614 lineal consanguinity, nor his sister, nor his aunt, nor his
615 niece. A woman may not marry any man to whom she is related by
616 lineal consanguinity, nor her brother, nor her uncle, nor her
617 nephew.
618 (2) A man may not marry any woman who is a lineal
619 descendent of his grandparent. A woman may not marry any man who
620 is a lineal descendent of her grandparent. Marriages prohibited
621 in this subsection entered into after July 1, 2026, are not
622 recognized for any purpose in this state.
623 Section 14. Paragraph (d) of subsection (3) of section
624 766.1115, Florida Statutes, is amended to read:
625 766.1115 Health care providers; creation of agency
626 relationship with governmental contractors.—
627 (3) DEFINITIONS.—As used in this section, the term:
628 (d) "Health care provider" or "provider" means:
629 1. A birth center licensed under chapter 383.
630 2. An ambulatory surgical center licensed under chapter
631 395.
632 3. A hospital licensed under chapter 395.
633 4. A physician or physician assistant licensed under
634 chapter 458.
635 5. An osteopathic physician or osteopathic physician
636 assistant licensed under chapter 459.
637 6. A chiropractic physician licensed under chapter 460.
638 7. A podiatric physician licensed under chapter 461.
639 8. A registered nurse, nurse midwife, licensed practical
640 nurse, or advanced practice registered nurse licensed or
641 registered under part I of chapter 464 or any facility which
642 employs nurses licensed or registered under part I of chapter
643 464 to supply all or part of the care delivered under this
644 section.
645 9. A midwife licensed under chapter 467.
646 10. A health maintenance organization certificated under
647 part I of chapter 641.
648 11. A health care professional association and its
649 employees or a corporate medical group and its employees.
650 12. Any other medical facility the primary purpose of
651 which is to deliver human medical diagnostic services or which
652 delivers nonsurgical human medical treatment, and which includes
653 an office maintained by a provider.
654 13. A dentist or dental hygienist licensed under chapter
655 466.
656 14. A free clinic that delivers only medical diagnostic
657 services or nonsurgical medical treatment free of charge to all
658 low-income recipients.
659 15. Any other health care professional, practitioner,
660 provider, or facility under contract with a governmental
661 contractor, including a student enrolled in an accredited
662 program that prepares the student for licensure as any one of
663 the professionals listed in subparagraphs 4.-9. and 13.
665 The term includes any nonprofit corporation qualified as exempt
666 from federal income taxation under s. 501(a) of the Internal
667 Revenue Code, and described in s. 501(c) of the Internal Revenue
668 Code, which delivers health care services provided by licensed
669 professionals listed in this paragraph, any federally funded
670 community health center, and any volunteer corporation or
671 volunteer health care provider that delivers health care
672 services.
673 Section 15. Paragraph (f) of subsection (1) of section
674 1004.551, Florida Statutes, is amended to read:
675 1004.551 University of Florida Center for Autism and
676 Neurodevelopment.—There is created at the University of Florida
677 the Center for Autism and Neurodevelopment.
678 (1) The center shall:
679 (f) Develop an autism micro-credential to provide
680 specialized training in supporting students with autism.
681 1. The micro-credential must be stackable with the autism
682 endorsement and be available to:
683 a. Instructional personnel as defined in s. 1012.01(2);
684 b. Prekindergarten instructors as specified in ss.
685 1002.55, 1002.61, and 1002.63; and
686 c. Child care personnel as defined in ss. 402.302(3) and
687 1002.88(1)(e).
688 d. Early intervention service providers credentialed
689 through the Early Steps Program.
690 2. The micro-credential must require participants to
691 demonstrate competency in:
692 a. Identifying behaviors associated with autism.
693 b. Supporting the learning environment in both general and
694 specialized classroom settings.
695 c. Promoting the use of assistive technologies.
696 d. Applying evidence-based instructional practices.
697 3. The micro-credential must:
698 a. Be provided at no cost to eligible participants.
699 b. Be competency-based, allowing participants to complete
700 the credentialing process either in person or online.
701 c. Permit participants to receive the micro-credential at
702 any time during training once competency is demonstrated.
703 4. Individuals eligible under subparagraph 1. who complete
704 the micro-credential are eligible for a one-time stipend, as
705 determined in the General Appropriations Act. The center shall
706 administer stipends for the micro-credential.
707 Section 16. Subsection (17) of section 381.986, Florida
708 Statutes, is amended to read:
709 381.986 Medical use of marijuana.—
710 (17) Rules adopted pursuant to this section before July 1,
711 2027 2026, are not subject to ss. 120.54(3)(b) and 120.541. This
712 subsection expires July 1, 2027 2026.
713 Section 17. Effective July 1, 2026, upon the expiration
714 and reversion of the amendments made to subsection (1) of
715 section 14 of chapter 2017-232, Laws of Florida, pursuant to
716 section 16 of chapter 2025-199, Laws of Florida, subsection (1)
717 of section 14 of chapter 2017-232, Laws of Florida, is amended
718 to read:
719 (1) EMERGENCY RULEMAKING.—
720 (a) The Department of Health and the applicable boards
721 shall adopt emergency rules pursuant to s. 120.54(4), Florida
722 Statutes, and this section necessary to implement s. 381.986 ss.
723 381.986 and 381.988, Florida Statutes. If an emergency rule
724 adopted under this section is held to be unconstitutional or an
725 invalid exercise of delegated legislative authority, and becomes
726 void, the department or the applicable boards may adopt an
727 emergency rule pursuant to this section to replace the rule that
728 has become void. If the emergency rule adopted to replace the
729 void emergency rule is also held to be unconstitutional or an
730 invalid exercise of delegated legislative authority and becomes
731 void, the department and the applicable boards must follow the
732 nonemergency rulemaking procedures of the Administrative
733 Procedures Act to replace the rule that has become void.
734 (b) For emergency rules adopted under this section, the
735 department and the applicable boards need not make the findings
736 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
737 adopted under this section are exempt from ss. 120.54(3)(b) and
738 120.541, Florida Statutes. The department and the applicable
739 boards shall meet the procedural requirements in s. 120.54(4)(a)
740 s. 120.54(a), Florida Statutes, if the department or the
741 applicable boards have, before July 1, 2019 the effective date of
742 this act, held any public workshops or hearings on the subject
743 matter of the emergency rules adopted under this subsection.
744 Challenges to emergency rules adopted under this subsection are
745 subject to the time schedules provided in s. 120.56(5), Florida
746 Statutes.
747 (c) Emergency rules adopted under this section are exempt
748 from s. 120.54(4)(c), Florida Statutes, and shall remain in
749 effect until replaced by rules adopted under the nonemergency
750 rulemaking procedures of the Administrative Procedures Act.
751 Rules adopted under the nonemergency rulemaking procedures of
752 the Administrative Procedures Act to replace emergency rules
753 adopted under this section are exempt from ss. 120.54(3)(b) and
754 120.541, Florida Statutes. By July 15, 2026 January 1, 2018, the
755 department and the applicable boards shall initiate nonemergency
756 rulemaking pursuant to the Administrative Procedures Act to
757 replace all emergency rules adopted under this section by
758 publishing a notice of rule development in the Florida
759 Administrative Register. The department and applicable boards
760 shall publish a notice of proposed rule in the Florida
761 Administrative Register by July 30, 2026. Notwithstanding s.
762 120.54(2)(a)2., Florida Statutes, this timeframe may not be
763 exceeded. Except as provided in paragraph (a), after January 1,
764 2018, the department and applicable boards may not adopt rules
765 pursuant to the emergency rulemaking procedures provided in this
766 section.
767 Section 18. The amendments to subsection (1) of section 14
768 of chapter 2017-232, Laws of Florida, made by this act expire
769 January 1, 2027, and the text of that subsection shall revert to
770 that in existence on June 30, 2019, except that any amendments
771 to such text enacted other than by this act shall be preserved
772 and continue to operate to the extent that such amendments are
773 not dependent upon the portions of text which expire pursuant to
774 this section.
775 Section 19. This act shall take effect July 1, 2026.