F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1381 2024
1 A bill to be entitled
2 An act relating to interstate mobility; creating s.
3 455.2135, F.S.; requiring the respective boards of
4 occupations, or the Department of Business and
5 Professional Regulation if there is no board, to allow
6 licensure by endorsement if the applicant meets
7 certain criteria; requiring applicants of professions
8 that require fingerprints for criminal history checks
9 to submit such fingerprints before the board or
10 department issues a license by endorsement; requiring
11 the department, and authorizing the board, to review
12 the results of the criminal history checks according
13 to specific criteria to determine if the applicants
14 meet the requirements for licensure; requiring that
15 the costs associated with fingerprint processing be
16 borne by the applicant; if fingerprints are submitted
17 through an authorized agency or vendor, requiring such
18 agency or vendor to collect the processing fees and
19 remit them to the Department of Law Enforcement;
20 providing an exemption; creating s. 456.0145, F.S.;
21 providing a short title; requiring the applicable
22 health care regulatory boards, or the Department of
23 Health if there is no board, to issue a license or
24 certificate to applicants who meet specified
25 conditions; defining the term "scope of practice";
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26 requiring the department to verify certain information
27 using the National Practitioner Data Bank, as
28 applicable; specifying circumstances under which a
29 person is ineligible for a license; authorizing boards
30 or the department, as applicable, to revoke a license
31 upon a specified finding; requiring boards or the
32 department, as applicable, to issue licenses within a
33 specified timeframe; authorizing boards or the
34 department, as applicable, to require that applicants
35 successfully complete a jurisprudential examination
36 under certain circumstances; requiring the department
37 to submit an annual report to the Governor and the
38 Legislature by a specified date; providing
39 requirements for the report; requiring the boards and
40 the department, as applicable, to adopt certain rules
41 within a specified timeframe; amending ss. 457.105,
42 458.313, 464.009, 465.0075, 467.0125, 468.1185,
43 468.1705, 468.213, 468.3065, 468.358, 468.513, 478.47,
44 480.041, 484.007, 486.081, 486.107, 490.006, and
45 491.006, F.S.; revising licensure by endorsement
46 requirements for the practice of acupuncture,
47 medicine, professional or practical nursing, pharmacy,
48 midwifery, speech-language pathology and audiology,
49 nursing home administration, occupational therapy,
50 radiology, respiratory therapy, dietetics and
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51 nutrition, electrology, massage therapy, opticianry,
52 physical therapy, physical therapist assistantship,
53 psychology and school psychology, and clinical social
54 work, marriage and family therapy, and mental health
55 counseling, respectively; amending ss. 486.031 and
56 486.102, F.S.; conforming provisions to changes made
57 by the act; authorizing the boards and the Department
58 of Health, as applicable, to continue processing
59 applications for licensure by endorsement, as
60 authorized under the Florida Statutes (2023), for a
61 specified timeframe; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Section 455.2135, Florida Statutes, is created
66 to read:
67 455.2135 Interstate mobility.—
68 (1) When endorsement based on years of licensure is not
69 otherwise provided by law in the practice act for a profession,
70 the board, or the department if there is no board, shall allow
71 licensure by endorsement for any individual applying who:
72 (a) Has held a valid, current license to practice the
73 profession issued by another state or territory of the United
74 States for at least 5 years before the date of application and
75 is applying for the same or similar license in this state;
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76 (b) Submits an application either when the license in
77 another state or territory is active or within 2 ye ars after
78 such license was last active;
79 (c) Has passed the recognized national licensing exam, if
80 such exam is established as a requirement for licensure in the
81 profession;
82 (d) Has no pending disciplinary actions and all sanctions
83 of any prior disciplinary actions have been satisfied;
84 (e) Shows proof of compliance with any federal regulation,
85 training, or certification, if the applicant's profession
86 requires such proof, regarding licensure in the profession;
87 (f) Completes Florida-specific continuing education
88 courses or passes a jurisprudential examination specific to the
89 state laws and rules for the applicable profession as
90 established by the board or department; and
91 (g) Complies with any insurance or bonding requirements as
92 required for the profession.
93 (2) If the applicant's profession requires, the applicant
94 must submit a complete set of fingerprints to the Department of
95 Law Enforcement for a statewide criminal history check. The
96 Department of Law Enforcement shall forward the fingerprints to
97 the Federal Bureau of Investigation for a national criminal
98 history check. The department shall, and the board may, review
99 the results of the criminal history checks according to the
100 level 2 screening standards in s. 435.04 and determine whether
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101 the applicant meets the licensure requirements. The costs of
102 fingerprint processing are borne by the applicant. If the
103 applicant's fingerprints are submitted through an authorized
104 agency or vendor, the agency or vendor must collect the required
105 processing fees and remit the fees to the Department of Law
106 Enforcement.
107 (3) This section does not apply to harbor pilots licensed
108 under chapter 310.
109 Section 2. Section 456.0145, Florida Statutes, is created
110 to read:
111 456.0145 Mobile Opportunity by Interstate Licensure
112 Endorsement (MOBILE) Act.—
113 (1) SHORT TITLE.—This section may be cited as the "Mobile
114 Opportunity by Interstate Licensure Endorsement Act" or the
115 "MOBILE Act."
116 (2) LICENSURE BY ENDORSEMENT.—
117 (a) An applicable board, or the department if there is no
118 board, shall issue a license or certificate to practice in this
119 state to an applicant who meets all of the following criteria:
120 1. Submits a completed application.
121 2. Holds an active, unencumbered license issued by another
122 state, the District of Columbia, or a possession or territory of
123 the United States in a profession with a similar scope of
124 practice, as determined by the board or department, as
125 applicable. As used in this subparagraph, the term "scope of
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126 practice" means the full spectrum of functions, procedures,
127 actions, and services that a health care practitioner is deemed
128 competent and authorized to perform under a license issued in
129 this state.
130 3.a. Has obtained a passing score on a national licensure
131 examination or holds a national certification recognized by the
132 board, or the department if there is no board, as applicable to
133 the profession for which the applicant is seeking licensure in
134 this state; or
135 b. Meets the requirements of paragraph (b).
136 4. Has actively practiced the profession for whic h the
137 applicant is applying for at least 3 years during the 4 -year
138 period immediately preceding the date of submission of the
139 application.
140 5. Attests that he or she is not, at the time of
141 submission of the application, the subject of a disciplinary
142 proceeding in a jurisdiction in which he or she holds a license
143 or by the United States Department of Defense for reasons
144 related to the practice of the profession for which he or she is
145 applying.
146 6. Has not had professional disciplinary action taken
147 against him or her in the 7 years immediately preceding the date
148 of submission of the application.
149 7. Meets the financial responsibility requirements of s.
150 456.048 or the applicable practice act, if required for the
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151 profession for which the applicant is seeking licensure.
152 8. Submits a set of fingerprints for a background check
153 pursuant to s. 456.0135 or the applicable practice act, if
154 required for the profession for which he or she is applying.
155
156 The department shall verify information submitted by the
157 applicant under this subsection using the National Practitioner
158 Data Bank, as applicable.
159 (b) An applicant for a profession that does not require a
160 national examination or national certification is eligible for
161 licensure if an applicable board, or the department if there is
162 no board, determines that the jurisdiction in which the
163 applicant currently holds an active, unencumbered license meets
164 established minimum education requirements and, if applicable,
165 examination, work experience, and clinical supervision
166 requirements that are substantially similar to the requirements
167 for licensure in that profession in this state.
168 (c) A person is ineligible for a license under this
169 section if the applicant:
170 1. Has a complaint, an allegation, or an investigation
171 pending before a licensing entity in another state, the District
172 of Columbia, or a possession or territory of the United States;
173 2. Has been convicted of or pled nolo contendere to,
174 regardless of adjudication, any felony or misdemeanor related to
175 the practice of a health care profession;
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176 3. Has had a health care provider license revoked or
177 suspended by another state, the District of Columbia, or a
178 possession or territory of the United States, or has voluntarily
179 surrendered any such license;
180 4. Has been reported to the National Practitioner Data
181 Bank, unless the applicant has successfully appealed to have his
182 or her name removed from the data bank; or
183 5. Has previously failed the Florida examination required
184 to receive a license to practice the profession for whic h the
185 applicant is seeking a license.
186 (d) The board, or the department if there is no board, may
187 revoke a license upon finding that the licensee provided false
188 or misleading material information or intentionally omitted
189 material information in an application for licensure.
190 (e) The board, or the department if there is no board,
191 shall issue a license within 15 days after receipt of all
192 documentation required for an application.
193 (3) STATE EXAMINATION.—The board, or the department if
194 there is no board, may require an applicant to successfully
195 complete a jurisprudential examination specific to state laws
196 and rules for the applicable profession, if this chapter or the
197 applicable practice act requires such examination.
198 (4) ANNUAL REPORT.—By December 31 of each year, the
199 department shall submit a report to the Governor, the President
200 of the Senate, and the Speaker of the House of Representatives
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201 which provides all of the following information for the previous
202 fiscal year, per profession and in total:
203 (a) The number of applications for licensure received
204 under this section.
205 (b) The number of licenses issued under this section.
206 (c) The number of applications submitted under this
207 section which were denied and the reason for such denials.
208 (5) RULES.—Each applicable board, or the department if
209 there is no board, shall adopt rules to implement this section
210 within 6 months after this section's effective date, including
211 rules relating to legislative intent under s. 456.025(1) and the
212 requirements of s. 456.025(3).
213 Section 3. Subsection (2) of section 457.105, Florida
214 Sta