Chapter 456 — Chapter 456
100 sections in this chapter.
Fla. Stat. § 456.001 Definitions
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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. 456.003-456.018, 456.022, 456.023, …
Fla. Stat. § 456.002 Applicability
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This chapter applies only to the regulation by the department of professions.
Fla. Stat. § 456.003 Legislative intent; requirements
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(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 f…
Fla. Stat. § 456.004 Department; powers and duties
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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 contr…
Fla. Stat. § 456.005 Long-range policy planning
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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 r…
Fla. Stat. § 456.006 Contacting boards through department
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Each board under the jurisdiction of the department may be contacted through the headquarters of the department in the City of Tallahassee.
Fla. Stat. § 456.007 Board members
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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 connectio…
Fla. Stat. § 456.008 Accountability and liability of board members
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(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 concern…
Fla. Stat. § 456.009 Legal and investigative services
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(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. 287.059, or by providing department staff counsel. The primary responsibility of board counsel shall be…
Fla. Stat. § 456.011 Boards; organization; meetings; compensation and travel expenses
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(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 …
Fla. Stat. § 456.012 Board rules; final agency action; challenges
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(1) The State Surgeon General shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a chall…
Fla. Stat. § 456.013 Department; general licensing provisions
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(1)(a) Any person desiring to be licensed in a profession within the jurisdiction of the department must apply to the department in writing. The application must be made on a form prepared and furnished by the department. The application form must be available on the Internet, an…
Fla. Stat. § 456.0135 General background screening provisions
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1(1) An application for initial licensure received on or after January 1, 2013, under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, s. 465.022, part XIII of chapter 468, or chapter 480 shall include fingerprints pursuant to procedures established by the departm…
Fla. Stat. § 456.014 Public inspection of information required from applicants; exceptions; examination hearing
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(1) All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s. 119.07, except financial information, medical information, school transcripts, examination questions, answers, papers, grades, and gradin…
Fla. Stat. § 456.0145 Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act
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(1) SHORT TITLE.—This section may be cited as the “Mobile Opportunity by Interstate Licensure Endorsement Act” or the “MOBILE Act.”(2) LICENSURE BY ENDORSEMENT.—(a) An applicable board, or the department if there is no board, shall issue a license to practice in this state to an …
Fla. Stat. § 456.015 Limited licenses
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(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, the use of retired professionals in good standing to serve the indigent, underserved, or critical need populations of this state should be encouraged. To that end, the …
Fla. Stat. § 456.016 Use of professional testing services
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Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized examination, when that service is available and approved by the board, or the department if there is no b…
Fla. Stat. § 456.017 Examinations
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(1)(a) The department shall provide, contract, or approve services for the development, preparation, administration, scoring, score reporting, and evaluation of all examinations, in consultation with the appropriate board. The department shall certify that examinations developed …
Fla. Stat. § 456.018 Penalty for theft or reproduction of an examination
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In addition to, or in lieu of, any other discipline imposed pursuant to s. 456.072, the theft of an examination in whole or in part or the act of reproducing or copying any examination administered by the department, whether such examination is reproduced or copied in part or in …
Fla. Stat. § 456.019 Restriction on requirement of citizenship
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A person is not disqualified from practicing an occupation or profession regulated by the state solely because she or he is not a United States citizen.
Fla. Stat. § 456.021 Qualification of immigrants for examination to practice a licensed profession or occupation
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(1) It is the declared purpose of this section to encourage the use of foreign-speaking Florida residents duly qualified to become actively qualified in their professions so that all people of this state may receive better services.(2) Any person who has successfully completed, o…
Fla. Stat. § 456.022 Foreign-trained professionals; special examination and license provisions
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(1) When not otherwise provided by law, within its jurisdiction, the department shall by rule provide procedures under which exiled professionals may be examined within each practice act. A person shall be eligible for such examination if the person:(a) Immigrated to the United S…
Fla. Stat. § 456.023 Exemption for certain out-of-state or foreign professionals; limited practice permitted
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(1) A professional of any other state or of any territory or other jurisdiction of the United States or of any other nation or foreign jurisdiction is exempt from the requirements of licensure under this chapter and the applicable professional practice act under the agency with r…
Fla. Stat. § 456.024 Members of Armed Forces and veterans; spouses; licensure
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(1) A member of the United States Armed Forces on active duty who, at the time of becoming such a member, was in good standing with a health care practitioner board, or the department when there is no board, and was entitled to practice a health care profession in this state shal…
Fla. Stat. § 456.0241 Temporary certificate for active duty military health care practitioners
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(1) As used in this section, the term:(a) “Military health care practitioner” means:1. A person practicing as a health care practitioner as defined in s. 456.001, as a person licensed under part III of chapter 401, or as a person licensed under part IV of chapter 468 who is servi…
Fla. Stat. § 456.0242 Office of Veteran Licensure Services
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(1) The Office of Veteran Licensure Services is established within the Division of Medical Quality Assurance. The office shall assist active duty members of the United States Armed Forces, the United States Reserve Forces, and the National Guard, veterans, and the spouses of vete…
Fla. Stat. § 456.025 Fees; receipts; disposition
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(1) It is the intent of the Legislature that all costs of regulating health care professions and practitioners shall be borne solely by licensees and licensure applicants. It is also the intent of the Legislature that fees should be reasonable and not serve as a barrier to licens…
Fla. Stat. § 456.026 Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations
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(1) The department is directed to prepare and submit a report to the President of the Senate and the Speaker of the House of Representatives by November 1 of each year. In addition to finances and any other information the Legislature may require, the report shall include statist…
Fla. Stat. § 456.027 Education; accreditation
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Notwithstanding any other provision of law, educational programs and institutions which are required by statute to be accredited, but which were accredited by an agency that has since ceased to perform an accrediting function, shall be recognized until such programs and instituti…
Fla. Stat. § 456.028 Consultation with postsecondary education boards prior to adoption of changes to training requirements
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Any state agency or board that has jurisdiction over the regulation of a profession or occupation shall consult with the Commission for Independent Education, the Board of Governors of the State University System, and the State Board of Education prior to adopting any changes to …
Fla. Stat. § 456.029 Education; substituting demonstration of competency for clock-hour requirements
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Any board, or the department when there is no board, that requires student completion of a specific number of clock hours of classroom instruction for initial licensure purposes shall establish the minimal competencies that such students must demonstrate in order to be licensed. …
Fla. Stat. § 456.0301 Requirement for instruction on controlled substance prescribing
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(1)(a) The appropriate board shall require each person registered with the United States Drug Enforcement Administration and authorized to prescribe controlled substances pursuant to 21 U.S.C. s. 822 to complete a board-approved 2-hour continuing education course on prescribing c…
Fla. Stat. § 456.031 Requirement for instruction on domestic violence
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(1)(a) The appropriate board shall require each person licensed or certified under chapter 458, chapter 459, part I of chapter 464, chapter 466, chapter 467, chapter 490, or chapter 491 to complete a 2-hour continuing education course, approved by the board, on domestic violence,…
Fla. Stat. § 456.032 Hepatitis B or HIV carriers
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(1) The department and each appropriate board within the Division of Medical Quality Assurance shall have the authority to establish procedures to handle, counsel, and provide other services to health care professionals within their respective boards who are infected with hepatit…
Fla. Stat. § 456.033 Requirement for instruction for certain licensees on HIV and AIDS
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The following requirements apply to each person licensed or certified under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; part I of chapter 464; chapter 465; chapter 466; part II, part III, part V, or part X of chapter 468; or chapter 486:(1) Each …
Fla. Stat. § 456.0341 Requirements for instruction on human trafficking
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The requirements of this section apply to each person licensed or certified under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; chapter 465; chapter 466; part II, part III, part V, or part X of chapter 468; chapter 480; or chapter 486.(1) By Januar…
Fla. Stat. § 456.035 Address of record
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(1) Each licensee of the department is solely responsible for notifying the department in writing of the licensee’s current mailing address and place of practice, as defined by rule of the board or the department if there is no board. Electronic notification shall be allowed by t…
Fla. Stat. § 456.036 Licenses; active and inactive status; delinquency
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(1) A licensee may practice a profession only if the licensee has an active status license. A licensee who practices a profession with an inactive status license, a retired status license, or a delinquent license is in violation of this section and s. 456.072, and the board, or t…
Fla. Stat. § 456.0361 Compliance with continuing education requirements
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(1) The department shall establish an electronic continuing education tracking system to monitor licensee compliance with applicable continuing education requirements and to determine whether a licensee is in full compliance with the requirements at the time of his or her applica…
Fla. Stat. § 456.037 Business establishments; requirements for active status licenses; delinquency; discipline; applicability
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(1) A business establishment regulated by the Division of Medical Quality Assurance pursuant to this chapter may provide regulated services only if the business establishment has an active status license. A business establishment that provides regulated services without an active…
Fla. Stat. § 456.038 Renewal and cancellation notices
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(1) At least 90 days before the end of a licensure cycle, the department shall:(a) Forward a licensure renewal notification to an active or inactive status licensee at the licensee’s last known address of record with the department.(b) Forward a notice of pending cancellation of …
Fla. Stat. § 456.039 Designated health care professionals; information required for licensure
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(1) Each person who applies for initial licensure or license renewal as a physician under chapter 458, chapter 459, chapter 460, or chapter 461, except a person applying for registration pursuant to ss. 458.345 and 459.021, must furnish the following information to the department…
Fla. Stat. § 456.0391 Advanced practice registered nurses; information required for licensure
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(1)(a) Each person who applies for initial licensure under s. 464.012 must, at the time of application, and each person licensed under s. 464.012 who applies for licensure renewal must, in conjunction with the renewal of such licensure and under procedures adopted by the Departme…
Fla. Stat. § 456.0392 Prescription labeling
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(1) A prescription issued by a practitioner who is authorized under the laws of this state to prescribe drugs that are not listed as controlled substances in chapter 893 but who is not eligible for a federal Drug Enforcement Administration number shall include that practitioner’s…
Fla. Stat. § 456.041 Practitioner profile; creation
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(1)(a) The Department of Health shall compile the information submitted pursuant to s. 456.039 into a practitioner profile of the applicant submitting the information, except that the Department of Health shall develop a format to compile uniformly any information submitted under…
Fla. Stat. § 456.042 Practitioner profiles; update
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A practitioner must submit updates of required information within 15 days after the final activity that renders such information a fact. The Department of Health shall update each practitioner’s practitioner profile periodically. An updated profile is subject to the same requirem…
Fla. Stat. § 456.043 Practitioner profiles; data storage
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Effective upon this act becoming a law, the Department of Health must develop or contract for a computer system to accommodate the new data collection and storage requirements under this act pending the development and operation of a computer system by the Department of Health fo…
Fla. Stat. § 456.044 Practitioner profiles; rules; workshops
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Effective upon this act becoming a law, the Department of Health shall adopt rules for the form of a practitioner profile that the agency is required to prepare. The Department of Health, pursuant to chapter 120, must hold public workshops for purposes of rule development to impl…
Fla. Stat. § 456.045 Practitioner profiles; maintenance of superseded information
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Information in superseded practitioner profiles must be maintained by the Department of Health, in accordance with general law and the rules of the Department of State.
Fla. Stat. § 456.046 Practitioner profiles; confidentiality
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Any patient name or other information that identifies a patient which is in a record obtained by the Department of Health or its agent for the purpose of compiling a practitioner profile pursuant to s. 456.041 is confidential and exempt from the provisions of s. 119.07(1) and s. …