Senate Bill 2136

Senate Bill sb2136e1

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  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         456.025, F.S.; deleting requirements for the

  4         Department of Health to administer an

  5         electronic continuing education tracking system

  6         for health care practitioners; creating s.

  7         456.0251, F.S.; providing for enforcement of

  8         continuing education requirements required for

  9         license renewal; authorizing citations and

10         fines to be imposed for failure to comply with

11         required continuing education requirements;

12         amending s. 456.072, F.S.; providing for

13         discipline of licensees who fail to meet

14         continuing education requirements as a

15         prerequisite for license renewal three or more

16         times; amending s. 395.003, F.S.; requiring a

17         report by the Agency for Health Care

18         Administration regarding the licensure of

19         emergency departments located off the premises

20         of hospitals; prohibiting the issuance of

21         licenses for such departments before July 1,

22         2005; amending s. 401.113, F.S.; requiring that

23         a recipient of funds from the Emergency Medical

24         Services Trust Fund return unexpended funds to

25         the Department of Health at the end of the

26         grant period; authorizing the expenditure of

27         interest generated from grant funds under

28         certain circumstances; amending s. 401.27,

29         F.S.; authorizing the electronic submission of

30         an application for certification as an

31         emergency medical technician or paramedic;


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 1         requiring that rules of the department provide

 2         for the approval of certain equivalent courses

 3         for purposes of certification; deleting

 4         provisions authorizing the department to issue

 5         a temporary certification; requiring that a

 6         person wearing emergency medical technician or

 7         paramedic insignia must be functioning in that

 8         capacity when doing so; creating s. 401.27001,

 9         F.S.; providing requirements for background

10         screening for applicants for initial

11         certification as an emergency medical

12         technician or paramedic and for renewal of

13         certification; requiring an applicant to pay

14         the costs of screening; requiring that

15         fingerprints be submitted to the Department of

16         Law Enforcement and forwarded to the Federal

17         Bureau of Investigation; specifying the

18         offenses that are grounds for denial of

19         certification; authorizing the department to

20         grant an exemption to an applicant,

21         notwithstanding certain convictions; requiring

22         the department to adopt rules; amending s.

23         401.2701, F.S.; requiring that a training

24         program for emergency medical technicians and

25         paramedics include information concerning the

26         requirements for background screening;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  


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 1         Section 1.  Subsection (1) of section 395.003, Florida

 2  Statutes, is amended to read:

 3         395.003  Licensure; issuance, renewal, denial,

 4  modification, suspension, and revocation.--

 5         (1)(a)  A No person may not shall establish, conduct,

 6  or maintain a hospital, ambulatory surgical center, or mobile

 7  surgical facility in this state without first obtaining a

 8  license under this part.

 9         (b)1.  It is unlawful for a any person to use or

10  advertise to the public, in any way or by any medium

11  whatsoever, any facility as a "hospital," "ambulatory surgical

12  center," or "mobile surgical facility" unless such facility

13  has first secured a license under the provisions of this part.

14         2.  Nothing in This part does not apply applies to

15  veterinary hospitals or to commercial business establishments

16  using the word "hospital," "ambulatory surgical center," or

17  "mobile surgical facility" as a part of a trade name if no

18  treatment of human beings is performed on the premises of such

19  establishments.

20         3.  By December 31, 2004, the agency shall submit a

21  report to the President of the Senate and the Speaker of the

22  House of Representatives recommending whether it is in the

23  public interest to allow a hospital to license or operate an

24  emergency department located off the premises of the hospital.

25  If the agency finds it to be in the public interest, the

26  report shall also recommend licensure criteria for such

27  medical facilities, including criteria related to quality of

28  care and, if deemed necessary, the elimination of the

29  possibility of confusion related to the service capabilities

30  of such facility in comparison to the service capabilities of

31  an emergency department located on the premises of the


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 1  hospital. Until July 1, 2005, additional emergency departments

 2  located off the premises of licensed hospitals may not be

 3  authorized by the agency.

 4         Section 2.  Subsection (2) of section 401.113, Florida

 5  Statutes, is amended to read:

 6         401.113  Department; powers and duties.--

 7         (2)(a)  The department shall annually dispense funds

 8  contained in the Emergency Medical Services Trust Fund as

 9  follows:

10         1.(a)  Forty-five percent of such moneys must be

11  divided among the counties according to the proportion of the

12  combined amount deposited in the trust fund from the county.

13  These funds may not be used to match grant funds as identified

14  in subparagraph 2. paragraph (b). An individual board of

15  county commissioners may distribute these funds to emergency

16  medical service organizations within the county, as it deems

17  appropriate.

18         2.(b)  Forty percent of such moneys must be used by the

19  department for making matching grants to local agencies,

20  municipalities, and emergency medical services organizations

21  for the purpose of conducting research, increasing existing

22  levels of emergency medical services, evaluation, community

23  education, injury prevention programs, and training in

24  cardiopulmonary resuscitation and other lifesaving and first

25  aid techniques.

26         a.1.  At least 90 percent of these moneys must be made

27  available on a cash matching basis.  A grant made under this

28  sub-subparagraph subparagraph must be contingent upon the

29  recipient providing a cash sum equal to 25 percent of the

30  total department-approved grant amount.

31  


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 1         b.2.  No more than 10 percent of these moneys must be

 2  made available to rural emergency medical services, and

 3  notwithstanding the restrictions specified in subsection (1),

 4  these moneys may be used for improvement, expansion, or

 5  continuation of services provided.  A grant made under this

 6  sub-subparagraph subparagraph must be contingent upon the

 7  recipient providing a cash sum equal to no more than 10

 8  percent of the total department-approved grant amount.

 9  

10  The department shall develop procedures and standards for

11  grant disbursement under this subparagraph paragraph based on

12  the need for emergency medical services, the requirements of

13  the population to be served, and the objectives of the state

14  emergency medical services plan.

15         3.(c)  Fifteen percent of such moneys must be used by

16  the department for capital equipment outlay, personnel,

17  community education, evaluation, and other costs associated

18  with the administration of this chapter. Any moneys not

19  annually used for this purpose must be used for making

20  additional rural grant funds available.

21         (b)  Notwithstanding any other provision of law to the

22  contrary, interest generated from grant funds may be expended

23  by the grantee on the budget items approved by the department.

24  However, a grantee that receives funds requiring a match may

25  not expend interest earnings until all match requirements have

26  been met. The grantee shall return to the department any

27  interest earned and grant funds not expended at the conclusion

28  of the grant period. All such returned funds shall be used by

29  the department for additional awards of matching grants.

30         Section 3.  Section 401.27, Florida Statutes, is

31  amended to read:


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 1         401.27  Personnel; standards and certification.--

 2         (1)  Each permitted ambulance not specifically exempted

 3  from this part, when transporting a person who is sick,

 4  injured, wounded, incapacitated, or helpless, must be occupied

 5  by at least two persons, one of whom must be a certified

 6  emergency medical technician, certified paramedic, or licensed

 7  physician and one of whom must be a driver who meets the

 8  requirements for ambulance drivers.  This subsection does not

 9  apply to interfacility transfers governed by s. 401.252(1).

10         (2)  The department shall establish by rule educational

11  and training criteria and examinations for the certification

12  and recertification of emergency medical technicians and

13  paramedics. Such rules must require, but need not be limited

14  to:

15         (a)  For emergency medical technicians, proficiency in

16  techniques identified in s. 401.23(7) and in rules of the

17  department.

18         (b)  For paramedics, proficiency in techniques

19  identified in s. 401.23(1) and in rules of the department.

20         (3)  Any person who desires to be certified or

21  recertified as an emergency medical technician or paramedic

22  must apply to the department under oath on forms provided by

23  the department which shall contain such information as the

24  department reasonably requires, which may include affirmative

25  evidence of ability to comply with applicable laws and rules.

26  The department may accept electronically submitted

27  applications. If an application is submitted electronically,

28  the department may require that supplemental materials be

29  submitted in a nonelectronic format, including an original

30  signature of the applicant and documentation verifying

31  eligibility for certification. The department shall determine


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 1  whether the applicant meets the requirements specified in this

 2  section and in rules of the department and shall issue a

 3  certificate to any person who meets such requirements.

 4         (4)  An applicant for certification or recertification

 5  as an emergency medical technician or paramedic must:

 6         (a)  Have completed an appropriate training course as

 7  follows:

 8         1.  For an emergency medical technician, an emergency

 9  medical technician training course equivalent to the most

10  recent emergency medical technician basic training course of

11  the United States Department of Transportation as approved by

12  the department;

13         2.  For a paramedic, a paramedic training program

14  equivalent to the most recent paramedic course of the United

15  States Department of Transportation as approved by the

16  department;

17         (b)  Certify under oath that he or she is not addicted

18  to alcohol or any controlled substance;

19         (c)  Certify under oath that he or she is free from any

20  physical or mental defect or disease that might impair the

21  applicant's ability to perform his or her duties;

22         (d)  Within 1 year after course completion have passed

23  an examination developed or required by the department;

24         (e)1.  For an emergency medical technician, hold either

25  a current American Heart Association cardiopulmonary

26  resuscitation course card or an American Red Cross

27  cardiopulmonary resuscitation course card or its equivalent as

28  defined by department rule. The rules must include, but need

29  not be limited to, the procedure for recognizing

30  cardiopulmonary resuscitation course equivalency, as

31  


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 1  determined by the Continuing Education Coordinating Board for

 2  Emergency Medical Services;

 3         2.  For a paramedic, hold a certificate of successful

 4  course completion in advanced cardiac life support from the

 5  American Heart Association or its equivalent as defined by

 6  department rule. The rules must include, but need not be

 7  limited to, the procedure for recognizing advanced cardiac

 8  life support course equivalency, as determined by the

 9  Continuing Education Coordinating Board for Emergency Medical

10  Services;

11         (f)  Submit the certification fee and the nonrefundable

12  examination fee prescribed in s. 401.34, which examination fee

13  will be required for each examination administered to an

14  applicant; and

15         (g)  Submit a completed application to the department,

16  which application documents compliance with paragraphs (a),

17  (b), (c), (e), (f), (g), and, if applicable, (d). The

18  application must be submitted so as to be received by the

19  department at least 30 calendar days before the next regularly

20  scheduled examination for which the applicant desires to be

21  scheduled.

22         (5)  The certification examination must be offered

23  monthly.  The department shall issue an examination admission

24  notice to the applicant advising him or her of the time and

25  place of the examination for which he or she is scheduled.

26  Individuals achieving a passing score on the certification

27  examination may be issued a temporary certificate with their

28  examination grade report.  The department must issue an

29  original certification within 45 days after the examination.

30  Examination questions and answers are not subject to discovery

31  but may be introduced into evidence and considered only in


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 1  camera in any administrative proceeding under chapter 120. If

 2  an administrative hearing is held, the department shall

 3  provide challenged examination questions and answers to the

 4  administrative law judge. The department shall establish by

 5  rule the procedure by which an applicant, and the applicant's

 6  attorney, may review examination questions and answers in

 7  accordance with s. 119.07(3)(a).

 8         (6)(a)  The department shall establish by rule a

 9  procedure for biennial renewal certification of emergency

10  medical technicians and paramedics.

11         (a)  For emergency medical technicians, such rules must

12  require a United States Department of Transportation refresher

13  training program of at least 30 hours as approved by the

14  department every 2 years.  The refresher program may be

15  offered in multiple presentations spread over the 2-year

16  period.  The rules must also provide that the refresher course

17  requirement may be satisfied by passing a challenge

18  examination.

19         (b)  The department shall establish by rule a procedure

20  For biennial renewal certification of paramedics,. such rules

21  must require candidates for renewal to have taken at least 30

22  hours of continuing education units during the 2-year period.

23  The rules must provide that the continuing education

24  requirement may be satisfied by passing a challenge

25  examination.

26         (7)  A physician, dentist, or registered nurse may be

27  certified as a paramedic if the physician, dentist, or

28  registered nurse is certified in this state as an emergency

29  medical technician, has passed the required emergency medical

30  technician curriculum, has successfully completed an advanced

31  cardiac life support course, has passed the examination for


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 1  certification as a paramedic, and has met other certification

 2  requirements specified by rule of the department.  A

 3  physician, dentist, or registered nurse so certified must be

 4  recertified under this section.

 5         (8)  Each emergency medical technician certificate and

 6  each paramedic certificate will expire automatically and may

 7  be renewed if the holder meets the qualifications for renewal

 8  as established by the department. A certificate that is not

 9  renewed at the end of the 2-year period will automatically

10  revert to an inactive status for a period not to exceed 180

11  days. Such certificate may be reactivated and renewed within

12  the 180 days if the certificateholder meets all other

13  qualifications for renewal and pays a $25 late fee.

14  Reactivation shall be in a manner and on forms prescribed by

15  department rule. The holder of a certificate that expired on

16  December 1, 1996, has until September 30, 1997, to reactivate

17  the certificate in accordance with this subsection.

18         (9)  The department may suspend or revoke a certificate

19  at any time if it determines that the holder does not meet the

20  applicable qualifications.

21         (10)  The department may provide by rule for physically

22  disabled persons to take and be provided with the results of

23  the written portion of the emergency medical technician

24  certification examination or paramedic certification

25  examination.  However, such persons may not receive any

26  special assistance in completing the examination.  A

27  physically disabled An individual who achieves a passing grade

28  on the emergency medical technician certification examination

29  or paramedic certification examination may be issued a limited

30  emergency medical technician certificate or a limited

31  paramedic certificate. An individual issued a limited


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 1  certificate may not perform patient care or treatment

 2  activities.

 3         (11)(a)  A certificateholder may request that his or

 4  her emergency medical technician certificate or paramedic

 5  certificate be placed on inactive status by applying to the

 6  department before his or her current certification expires and

 7  paying a fee set by the department not to exceed $50.

 8         (a)(b)1.  A certificateholder whose certificate has

 9  been on inactive status for 1 year or less following the date

10  his or her emergency medical technician certificate or

11  paramedic certificate expired may renew his or her certificate

12  pursuant to the rules adopted by the department and upon

13  payment of a late renewal fee set by the department not to

14  exceed $100.

15         (b)2.  A certificateholder whose certificate has been

16  on inactive status for more than 1 year may renew his or her

17  certificate pursuant to rules adopted by the department.  To

18  renew, the certificateholder must pass the certification

19  examination and complete continuing education requirements and

20  a field internship.

21         (c)  A certificate that which has been inactive for

22  more than 6 years automatically expires and may not be

23  reinstated.

24         (12)  An applicant for certification who is an

25  out-of-state certified or military-trained trained emergency

26  medical technician or paramedic must provide proof of current

27  emergency medical technician or paramedic certification or

28  registration based upon successful completion of the United

29  States Department of Transportation emergency medical

30  technician or paramedic training curriculum and hold a current

31  certificate of successful course completion in cardiopulmonary


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 1  resuscitation (CPR) or advanced cardiac life support for

 2  emergency medical technicians or paramedics, respectively, to

 3  be eligible for the certification examination. The applicant

 4  must successfully complete the certification examination

 5  within 1 year after the date of the receipt of his or her

 6  application by the department.  After 1 year, the applicant

 7  must submit a new application, meet all eligibility

 8  requirements, and submit all fees to reestablish eligibility

 9  to take the certification examination.

10         (13)  The department shall adopt the current a standard

11  state insignia for emergency medical technicians and

12  paramedics.  The department shall establish by rule the

13  requirements to display the state emergency medical technician

14  and paramedic insignia.  The rules may not require a person to

15  wear the standard insignia but must require that if a person

16  wears any insignia that identifies the person as a certified

17  emergency medical technician or paramedic in this state, the

18  insignia must be the standard state insignia adopted under

19  this section and the person must be functioning in his or her

20  capacity as an emergency medical technician or paramedic.  The

21  insignia must denote the individual's level of certification

22  at which he or she is functioning when that person is wearing

23  the insignia.

24         Section 4.  Section 401.27001, Florida Statutes, is

25  created to read:

26         401.27001  Background screening required for

27  certification.--

28         (1)  An applicant for initial certification under s.

29  401.27 must submit information and a set of fingerprints to

30  the Department of Health on a form and according to procedures

31  specified by the department, along with payment in an amount


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 1  equal to the costs incurred by the Department of Health for a

 2  statewide criminal history check and a national criminal

 3  history check of the applicant.

 4         (2)  An applicant for initial renewal of certification

 5  on or after July 1, 2004, who has not previously submitted a

 6  set of fingerprints to the Department of Health must submit

 7  information required to perform a statewide criminal

 8  background check and a set of fingerprints required to perform

 9  a national criminal history check. The applicant must submit

10  the fingerprints on a form and under procedures specified by

11  the department for a national criminal history check, along

12  with payment in an amount equal to the costs incurred by the

13  department. For subsequent renewals, the department shall, by

14  rule, adopt an application form that includes an oath or

15  affirmation attesting to the existence of any criminal

16  convictions, regardless of plea or adjudication, which have

17  occurred since the previous certification. If there has been a

18  criminal conviction, the provisions of this section apply. The

19  department shall notify each current certificateholder of the

20  requirement to undergo a criminal history background screening

21  sufficiently in advance of the 2004 biennial expiration for

22  the certificateholder to provide the required information

23  prior to submission of the renewal certification application.

24  The department may not deny eligibility for renewal of the

25  first renewal application subsequent to July 1, 2004, due to a

26  delay in obtaining the criminal history from the Department of

27  Law Enforcement, the Federal Bureau of Investigation, or the

28  Division of State Fire Marshal if the applicant has submitted

29  the required criminal background screening information or

30  affidavit and fees with the renewal certification application.

31  A certificate that expires on December 1, 2004, may be renewed


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 1  subject to withdrawal of certification pending the

 2  department's determination of whether the certificateholder

 3  will be granted an exemption as provided in subsection (8).

 4  The applicant must make timely application for renewal and

 5  request the exemption from denial prior to expiration of the

 6  certificate.

 7         (3)  Pursuant to the requirements of s. 120.60, an

 8  application for certification must be processed within 90 days

 9  after receipt of the completed application. An application for

10  certification is not complete until the criminal history and

11  certified copies of all court documents for an applicant

12  having a prior criminal conviction, pursuant to this section,

13  have been received by the department.

14         (4)  The department shall submit the fingerprints and

15  information required for a statewide criminal history check to

16  the Department of Law Enforcement, and the Department of Law

17  Enforcement shall forward the fingerprints to the Federal

18  Bureau of Investigation for a national criminal history check

19  of the applicant.

20         (5)  If an applicant has undergone a criminal history

21  check as a condition of employment or certification as a

22  firefighter under s. 633.34, the Division of State Fire

23  Marshal of the Department of Financial Services shall provide

24  the criminal history information regarding the applicant

25  seeking certification or renewal of certification under s.

26  401.27 to the department. Any applicant for initial

27  certification or renewal of certification who has already

28  submitted a set of fingerprints and information to the

29  Division of State Fire Marshal of the Department of Financial

30  Services for the criminal history check required for

31  employment and certification of firefighters under s. 633.34


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 1  within 2 years prior to application under s. 401.27 is not

 2  required to provide to the department a subsequent set of

 3  fingerprints or other duplicate information required for a

 4  criminal history check if the applicant submits an affidavit

 5  in a form prescribed by the department attesting that he or

 6  she has been a state resident for the previous 2 years.

 7         (6)  Notwithstanding the grounds for certification

 8  denial outlined in s. 401.411, an applicant must not have been

 9  found guilty of, regardless of plea or adjudication, any

10  offense prohibited under any of the following provisions of

11  the Florida Statutes or under any similar statute of another

12  jurisdiction:

13         (a)  Section 415.111, relating to abuse, neglect, or

14  exploitation of a vulnerable adult.

15         (b)  Section 782.04, relating to murder.

16         (c)  Section 782.07, relating to manslaughter,

17  aggravated manslaughter of an elderly person or disabled

18  adult, or aggravated manslaughter of a child.

19         (d)  Section 782.071, relating to vehicular homicide.

20         (e)  Section 782.09, relating to killing of an unborn

21  child by injury to the mother.

22         (f)  Section 784.011, relating to assault, if the

23  victim of the offense was a minor.

24         (g)  Section 784.021, relating to aggravated assault.

25         (h)  Section 784.03, relating to battery, if the victim

26  of the offense was a minor.

27         (i)  Section 784.045, relating to aggravated battery.

28         (j)  Section 784.01, relating to kidnapping.

29         (k)  Section 787.02, relating to false imprisonment.

30         (l)  Section 794.011, relating to sexual battery.

31  


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 1         (m)  Former s. 794.041, relating to prohibited acts of

 2  persons in familial or custodial authority.

 3         (n)  Chapter 796, relating to prostitution.

 4         (o)  Section 798.02, relating to lewd and lascivious

 5  behavior.

 6         (p)  Chapter 800, relating to lewdness and indecent

 7  exposure.

 8         (q)  Section 806.01, relating to arson.

 9         (r)  Chapter 812, relating to theft, robbery, and

10  related crimes, if the offense was a felony.

11         (s)  Section 817.563, relating to the fraudulent sale

12  of controlled substances, if the offense was a felony.

13         (t)  Section 825.102, relating to abuse, aggravated

14  abuse, or neglect of an elderly person or disabled adult.

15         (u)  Section 825.1025, relating to lewd or lascivious

16  offenses committed upon or in the presence of an elderly

17  person or disabled adult.

18         (v)  Section 825.103, relating to exploitation of an

19  elderly person or disabled adult, if the offense was a felony.

20         (w)  Section 826.04, relating to incest.

21         (x)  Section 827.03, relating to child abuse,

22  aggravated child abuse, or neglect of a child.

23         (y)  Section 827.04, relating to contributing to the

24  delinquency or dependency of a child.

25         (z)  Former s. 827.05, relating to negligent treatment

26  of children.

27         (aa)  Section 827.071, relating to sexual performance

28  by a child.

29         (bb)  Chapter 847, relating to obscene literature.

30  

31  


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 1         (cc)  Chapter 893, relating to drug abuse prevention

 2  and control, if the offense was a felony or if any other

 3  person involved in the offense was a minor.

 4         (dd)  An act that constitutes domestic violence, as

 5  defined in s. 741.28.

 6         (7)  The department may grant to any applicant who

 7  would otherwise be denied certification or recertification

 8  under this subsection an exemption from that denial for:

 9         (a)  A felony committed more than 3 years prior to the

10  date of disqualification;

11         (b)  A misdemeanor prohibited under any of the Florida

12  Statutes cited in this subsection or under similar statutes of

13  other jurisdictions;

14         (c)  An offense that was a felony when committed but

15  that is currently a misdemeanor;

16         (d)  A finding of delinquency; or

17         (e)  The commission of an act of domestic violence as

18  defined in s. 741.28.

19         (8)  For the department to grant an exemption to any

20  applicant under this section, the applicant must demonstrate

21  by clear and convincing evidence that the applicant should not

22  be disqualified from certification or renewed certification.

23  An applicant seeking an exemption has the burden of setting

24  forth sufficient evidence of rehabilitation, including, but

25  not limited to, the circumstances surrounding the criminal

26  incident for which an exemption is sought, the time period

27  that has elapsed since the incident, the nature of the harm

28  caused to the victim, and the history of the applicant since

29  the incident, or any other evidence or circumstances

30  indicating that the applicant will not present a danger if the

31  certification or renewed certification is granted. To make the


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 1  necessary demonstration, the applicant must request an

 2  exemption and submit the required information supporting that

 3  request at the time of application in order for the department

 4  to make a determination in accordance with this section.

 5         (9)  Denial of certification or renewed certification

 6  under subsection (6) may not be removed from, and an exemption

 7  may not be granted to, any applicant who is found guilty of,

 8  regardless of plea or adjudication, any felony covered by

 9  subsection (6), solely by reason of a pardon, executive

10  clemency, or restoration of civil rights.

11         (10)  The department shall adopt rules pursuant to

12  chapter 120 to administer this section.

13         Section 5.  Paragraph (a) of subsection (1) of section

14  401.2701, Florida Statutes, is amended to read:

15         401.2701  Emergency medical services training

16  programs.--

17         (1)  Any private or public institution in Florida

18  desiring to conduct an approved program for the education of

19  emergency medical technicians and paramedics shall:

20         (a)  Submit a completed application on a form provided

21  by the department, which must include:

22         1.  Evidence that the institution is in compliance with

23  all applicable requirements of the Department of Education.

24         2.  Evidence of an affiliation agreement with a

25  hospital that has an emergency department staffed by at least

26  one physician and one registered nurse.

27         3.  Evidence of an affiliation agreement with a current

28  Florida-licensed emergency medical services provider. Such

29  agreement shall include, at a minimum, a commitment by the

30  provider to conduct the field experience portion of the

31  education program.


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    CS for SB 2136                                 First Engrossed



 1         4.  Documentation verifying faculty, including:

 2         a.  A medical director who is a licensed physician

 3  meeting the applicable requirements for emergency medical

 4  services medical directors as outlined in this chapter and

 5  rules of the department. The medical director shall have the

 6  duty and responsibility of certifying that graduates have

 7  successfully completed all phases of the education program and

 8  are proficient in basic or advanced life support techniques,

 9  as applicable.

10         b.  A program director responsible for the operation,

11  organization, periodic review, administration, development,

12  and approval of the program.

13         5.  Documentation verifying that the curriculum:

14         a.  Meets the course guides and instructor's lesson

15  plans in the most recent Emergency Medical Technician-Basic

16  National Standard Curricula for emergency medical technician

17  programs and Emergency Medical Technician-Paramedic National

18  Standard Curricula for paramedic programs.

19         b.  Includes 2 hours of instruction on the trauma

20  scorecard methodologies for assessment of adult trauma

21  patients and pediatric trauma patients as specified by the

22  department by rule.

23         c.  Includes 4 hours of instruction on HIV/AIDS

24  training consistent with the requirements of chapter 381.

25         d.  Advises students at the initiation of the training

26  program of the certification and regulatory requirements of

27  this chapter, including, but not limited to, the criminal

28  history check required for initial and renewal certification

29  under s. 401.27001. The department shall prescribe by rule the

30  required content of this component of the training program.

31  


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    CS for SB 2136                                 First Engrossed



 1         6.  Evidence of sufficient medical and educational

 2  equipment to meet emergency medical services training program

 3  needs.

 4         Section 6.  Subsection (7) of section 456.025, Florida

 5  Statutes, is amended to read:

 6         456.025  Fees; receipts; disposition.--

 7         (7)  Each board, or the department if there is no

 8  board, shall establish, by rule, a fee not to exceed $250 for

 9  anyone seeking approval to provide continuing education

10  courses or programs and shall establish by rule a biennial

11  renewal fee not to exceed $250 for the renewal of providership

12  of such courses. The fees collected from continuing education

13  providers shall be used for the purposes of reviewing course

14  provider applications, monitoring the integrity of the courses

15  provided, and covering legal expenses incurred as a result of

16  not granting or renewing a providership, and developing and

17  maintaining an electronic continuing education tracking

18  system. The department shall implement an electronic

19  continuing education tracking system for each new biennial

20  renewal cycle for which electronic renewals are implemented

21  after the effective date of this act and shall integrate such

22  system into the licensure and renewal system. All approved

23  continuing education providers shall provide information on

24  course attendance to the department necessary to implement the

25  electronic tracking system. The department shall, by rule,

26  specify the form and procedures by which the information is to

27  be submitted.

28         Section 7.  Section 456.0251, Florida Statutes, is

29  created to read:

30         456.0251  Continuing education.--

31  


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    CS for SB 2136                                 First Engrossed



 1         (1)  Unless otherwise provided in a profession's

 2  practice act, each board, or the department if there is no

 3  board, shall establish by rule procedures for approval of

 4  continuing education providers and continuing education

 5  courses for renewal of licenses. Except for those continuing

 6  education courses whose subjects are prescribed by law, each

 7  board, or the department if there is no board, may limit by

 8  rule the subject matter for approved continuing education

 9  courses to courses addressing the scope of practice of each

10  respective health care profession.

11         (2)  Licensees who have not completed all of the

12  continuing education credits required for licensure during a

13  biennium may obtain an extension of 3 months from the date

14  after the end of the license renewal biennium within which to

15  complete the requisite hours for license renewal. Each board,

16  or the department if there is no board, shall establish by

17  rule procedures for requesting a 3-month extension and whether

18  proof of completion of some approved hours of continuing

19  education are required to be submitted with the request for

20  extension as a prerequisite for granting the request.

21         (3)  Failure to complete the requisite number of hours

22  of continuing education hours within a license renewal

23  biennium or within a 3 month period from the date after the

24  end of the license renewal biennium, if requested, shall be

25  grounds for issuance of a citation and a fine, plus a

26  requirement that at least the deficit hours are completed

27  within a time established by rule of each board, or the

28  department if there is no board. Each board, or the department

29  if there is no board, shall establish by rule a fine for each

30  continuing education hour which was not completed within the

31  license renewal biennium or the 3-month period following the


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    CS for SB 2136                                 First Engrossed



 1  last day of the biennium if so requested, not to exceed $500

 2  per each hour not completed. The issuance of the citation and

 3  fine shall not be considered discipline. A citation and a fine

 4  issued under this subsection may only be issued to a licensee

 5  a maximum of two times for two separate failures to complete

 6  the requisite number of hours for license renewal.

 7         (4)  The department shall report to each board no later

 8  than 3 months following the last day of the license renewal

 9  biennium the percentage of licensees regulated by that board

10  who have not timely complied with the continuing education

11  requirements during the previous license renewal biennium for

12  which auditing of licensees regulated by that board are

13  completed. Each board shall direct the department the

14  percentage of licensees regulated by that board that are to be

15  audited during the next license renewal biennium. In addition

16  to the percentage of licensees audited as directed by the

17  boards, the department shall audit those licensees found to be

18  deficient during any of the two license renewal bienniums.

19         Section 8.  Paragraph (ff) is added to subsection (1)

20  of section 456.072, Florida Statutes, to read:

21         456.072  Grounds for discipline; penalties;

22  enforcement.--

23         (1)  The following acts shall constitute grounds for

24  which the disciplinary actions specified in subsection (2) may

25  be taken:

26         (ff)  Failure for a third or more times to complete the

27  requisite number of hours of continuing education hours within

28  a license renewal biennium period or within a 3-month period

29  from the date after the end of the license renewal biennium,

30  if the extension was requested.

31         Section 9.  This act shall take effect July 1, 2004.


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